Bill Text: HI SB1326 | 2011 | Regular Session | Amended
Bill Title: Highway; Cost Sharing; Utility Owners; Right-of-Way; Relocation
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2011-03-22 - (H) Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with none voting no (0) and Cabanilla, Har excused (2). [SB1326 Detail]
Download: Hawaii-2011-SB1326-Amended.html
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THE SENATE |
S.B. NO. |
1326 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO COSTS OF RELOCATION AND UNDERGROUNDING OF UTILITY FACILITIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 103D-309, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) In any contract [pursuant to
section 264-33] involving not only state or county funds but supplemental
funds from a utility, this section shall be applicable to that portion of the
contract price payable out of state or county funds as well as that portion of
the contract price payable out of funds from a utility, or payable out of state
or county funds paid to a utility. The State or county may certify that there
are sufficient funds for the utility's portion of the contract price if the
amounts that a utility is obligated to pay under a legal agreement between the
utility and the State, or a county, are sufficient to pay that portion of the
contract price and the legal agreement:
(1) Includes a specific description of the utility's share of the payment and terms of that payment;
(2) Allows the State, county, or utility to provide progress payments or final payment based on the actual cost after a project is completed; and
(3) Provides that in the event the State, county, or utility is delinquent in payments under the legal agreement, the State, county, or utility shall be responsible for any and all additional costs attributable to the late payment.
Any such legal agreement shall be executed prior to the execution of the state or county contract and shall not jeopardize any federal, state, or county funds.
For the purposes of this subsection:
"Legal agreement" includes a utility agreement, memorandum of understanding, or memorandum of agreement.
"Utility" means a utility company or entity."
SECTION 2. Statutory material to be repealed is bracketed and stricken.
SECTION 3. This Act shall take effect on July 1, 2011.
Report Title:
Highway; Cost Sharing; Utility Owners; Right-of-Way; Relocation
Description:
Allow any utility owner whose facility occupies state highway rights-of-way to provide their share of costs up front to the affected state agency for encumbrance of funds in related contracts by way of an agreement to pay. Effective July 1, 2011. (SB1326 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
