Bill Text: NJ A1701 | 2014-2015 | Regular Session | Introduced
Bill Title: Requires public utilities and cable television companies to accommodate and relocate facilities and pay costs thereof when necessary for infrastructure projects.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-16 - Introduced, Referred to Assembly Telecommunications and Utilities Committee [A1701 Detail]
Download: New_Jersey-2014-A1701-Introduced.html
STATE OF NEW JERSEY
216th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION
Sponsored by:
Assemblyman JOHN S. WISNIEWSKI
District 19 (Middlesex)
SYNOPSIS
Requires public utilities and cable television companies to accommodate and relocate facilities and pay costs thereof when necessary for infrastructure projects.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the accommodation and relocation of certain public utility and cable television facilities for the purposes of infrastructure projects, supplementing Title 27 of the Revised Statutes, and repealing section 1 of P.L.1983, c.283.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that:
a. Infrastructure projects, such as highways projects, transportation projects, or other types of projects in the public rights-of-way, are vital to maintaining the quality of life the citizens of this State enjoy and to ensuring the health, safety, and welfare of its residents.
b. Very often these infrastructure projects can not be undertaken without impact costs resulting from ancillary accommodation work and the relocation of public utility and cable television facilities located in project areas, and along roads and highways, and in the public rights-of-way.
c. Public utilities and cable television companies doing business in the State of New Jersey have been granted a privilege to occupy the public rights-of-way and to occupy areas along the State's roads and highways as public utilities and cable television companies provide vital public services.
d. Current law authorizes the Commissioner of Transportation to include the costs associated with any ancillary accommodation work or cost of the relocation of public utility and cable television facilities in the overall cost of highway projects, thereby requiring taxpayers and citizens of this State to fund these costs.
e. In addition, other costs are also passed on to the taxpayers as a result of the existence of facilities during the planning and design phase, the bidding phase, and the construction phase of infrastructure projects.
f. In many instances, public utilities and cable television companies delay the relocation of their facilities, thereby increasing the costs of infrastructure projects and denying taxpayers the use of infrastructure projects.
g. The Legislature determines that in any infrastructure project, undertaken by a State, county, or municipal contracting entity and financed with public funds, wherein the existence of public utility or cable television facilities will cause ancillary accommodation work or relocation of public utility or cable television facilities, the cost of such accommodation or relocation shall be borne by that public utility or cable television company and shall not be passed along to the taxpayers of this State.
2. As used in this act:
"Ancillary accommodation work" means any work caused by, or resulting from, the existence of a public utility or cable television facility within any project area, including but, not limited to, a public right-of-way in the course of the design or performance of any infrastructure project. This shall include, but need not be limited to, any work associated with any interference with construction, loss of production, relocation, installation, support, or protection in place, or removal of public utility or cable television company facilities within a project area.
"Cable television company" has the same meaning as that term is defined pursuant to section 3 of P.L.1972, c.186 (C.48:5A-3).
"Contracting entity" means any State, county, or municipal entity that enters into a contract with a contractor for an infrastructure project.
"Contractor" means a person who is directly awarded and enters into a contract for services related to an infrastructure project by a contracting entity.
"Coordination meeting" means the meeting conducted by a contracting entity for the purpose of coordinating the design, planning, and construction of an infrastructure project.
"Draft infrastructure project work plan and construction schedule" means a draft of a plan and construction schedule for an infrastructure project being contemplated by a contracting entity, which shall include, but need not be limited to, the preliminary design and construction completion schedule anticipated for the infrastructure project.
"Final infrastructure project work plan and construction schedule" means a plan and construction schedule for an infrastructure project that has been adopted by the contracting entity. This shall include, at a minimum, the final design and construction completion schedule anticipated for the infrastructure project.
"Highway" means any road, street, highway, thoroughfare, bridge, tunnel, overpass, interchange, or right-of-way which is open to the use of the public for the purpose of vehicular travel and which is maintained, owned, controlled, or otherwise under the jurisdiction of the State, a county, or municipality.
"Highway project" means a project comprising the planning, acquisition, engineering, construction, reconstruction, repair, resurfacing, and rehabilitation of highways and the planning, acquisition, engineering, construction, reconstruction, repair, maintenance, and rehabilitation of public transportation projects and of other transportation projects which the State, a county, or municipality may be authorized by law to undertake.
"Impact cost" means any direct or indirect cost associated with any adverse impact on the productive cycle of construction activity on an infrastructure project or, any impact that will prevent a contracting entity from proceeding with the construction and completion of an infrastructure project caused by public utility or cable television company facilities in the project area during the course of an infrastructure project. These costs include, but need not be limited to, any cost as a result of delay in the construction of the project, loss of production, lost profit, and extended field and home office overhead.
"Infrastructure project" means any highway project or transportation project or the construction, reconstruction, alteration, addition, physical betterment, or improvement of any other infrastructure within a contracting entity's jurisdiction.
"Infrastructure project contract" means any contract entered into by a contracting entity and a contractor related to an infrastructure project.
"Project area" means the physical area in which an infrastructure project is located.
"Public highways" means public roads, streets, expressways, freeways, parkways, motorways and boulevards, including bridges, tunnels, overpasses, underpasses, interchanges, rest areas, express bus roadways, bus pullouts and turnarounds, park-ride facilities, traffic circles, grade separations, traffic control devices, the elimination or improvement of crossings of railroads and highways, whether at grade or not at grade, bicycle and pedestrian pathways and pedestrian and bicycle bridges traversing public highways and any facilities, equipment, property, rights of way, easements and interests therein needed for the construction, improvement, and maintenance of highways.
"Public transportation project" means, in connection with public transportation service, passenger stations, shelters and terminals, automobile parking facilities, ferries and ferry facilities, including capital projects for ferry terminals, approach roadways, pedestrian accommodations, parking, docks, and other necessary land-side improvements, ramps, track connections, signal systems, power systems, information and communication systems, roadbeds, transit lanes or rights of way, equipment storage, pedestrian walkways and bridges connecting to passenger stations and servicing facilities, bridges, grade crossings, rail cars, locomotives, motorbuses and other motor vehicles, maintenance and garage facilities, revenue handling equipment and any other equipment, facility or property useful for or related to the provision of public transportation service.
"Public utility" means an entity, publicly, cooperatively, or investor-owned, established for the purpose of transmitting or distributing telecommunications, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water, or any other similar commodity.
"Public utility facility" means any tracks, pipes, mains or laterals, conduits, access manholes or chambers, cables, wires, towers, poles, telecommunications equipment, data transmissions systems, or other equipment, appliances, or apparatus of any public utility, but not including any railroad or any cable television company.
"Rights-of-way" means any right-of-way dedicated to public use, the jurisdiction over which is held by a State, county, or municipal entity.
"Transportation project" means, in addition to public highways and public transportation projects, any equipment, facility or property useful or related to the provision of any ground, waterborne or air transportation for the movement of people and goods including rail freight infrastructure.
3. a. A contracting entity shall prepare a written draft infrastructure project work plan and construction schedule for a proposed infrastructure project within its jurisdiction. The draft infrastructure project work plan and construction schedule shall include, but need not be limited to, the following information: a description of the infrastructure project, the time frame in which the infrastructure project shall commence, the time frame for completion of the infrastructure project, a listing of every public utility and cable television company doing business or located within the contracting entity's jurisdiction, and any other relevant information concerning the infrastructure project.
b. A contracting entity shall prepare a written final infrastructure project work plan and construction schedule after the coordination meeting required to be held pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill). The final infrastructure project work plan and construction schedule shall include, but need not be limited to, the following information: a detailed description of the infrastructure project, the time frame in which the infrastructure project shall commence, the time frame for completion of the infrastructure project, a listing of every public utility and cable television doing business or located within the contracting entity's jurisdiction, and any other relevant information concerning the infrastructure project.
4. a. A contracting entity shall provide notice to any public utility and cable television company, which does business or is located within the contracting entity's jurisdiction, of any impending infrastructure project within that jurisdiction during the initial planning and design phase of project and no later than 120 calendar days prior to the solicitation of bids for that infrastructure project. The notice shall be provided by certified mail, return receipt requested, and shall include a copy of the draft infrastructure project work plan and construction schedule required pursuant to subsection a. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. Within 60 days of the date of notice provided under subsection a. of this section, the contracting entity shall schedule and hold a coordination meeting between the contracting entity and all authorized representatives from any public utility or cable television company provided notice of the infrastructure project pursuant to subsection a. of this section in order to establish the coordination of the infrastructure project and any public utility or cable television company facility protection or relocation work that is required for purposes of the infrastructure project.
5. a. Immediately upon receipt of the draft infrastructure work plan and construction schedule required to be noticed to a public utility or cable television company pursuant to subsection a. of section 4 of P.L. , c. (C. ) (pending before the legislature as this bill) and prior to the coordination meeting, the affected public utility and cable television companies shall undertake all necessary pre-engineering and field location testing, as required, to determine the precise location and extent of their facilities that exist within, and adjacent to, the project area. All costs associated with this pre-engineering shall be borne by the public utility or the cable television company, or both, as appropriate.
b. At the coordination meeting, any public utility and cable television company whose facility is located in the project area shall provide, in writing, an accurate description, characteristic, and location of all of their facilities, and shall provide a written determination of every facility that will have an impact on the infrastructure project, including whether the characteristic or location of the facility will adversely impact the productive cycle of construction activity on the infrastructure project or, in any manner, will prevent a contracting entity from proceeding in the construction and completion of the infrastructure project.
6. Within 30 days of the coordination meeting held pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), the contracting entity shall distribute to every public utility and cable television company who attended the coordination meeting, the final infrastructure project work plan and construction schedule.
7. At the discretion of the public utility or cable television company, if it is determined that the public utility or cable television company will perform all, or a portion of, the ancillary accommodation work prior to commencing the infrastructure project, the public utility or cable television company shall perform and complete the ancillary accommodation work in accordance with the final infrastructure project work plan and construction schedule and without any interference or delay to the contractor's work schedule. The public utility or cable television company shall be liable to the contracting entity for any impact costs incurred by the contractor as a result of the failure of the public utility or cable television company to complete the ancillary accommodation work in accordance with the final infrastructure project work plan and construction schedule.
8. At the discretion of a public utility or cable television company whose facility adversely impacts the productive cycle of construction activity on an infrastructure project or in any matter prevents a contracting entity from proceeding in the construction and completion of an infrastructure project, if it is determined that, due to circumstances beyond the control of that public utility or cable television company, it cannot eliminate a portion, or all, of the ancillary accommodation work within, or adjacent to, the project area, and that the contracting entity will be required to perform a portion, or all, of the ancillary accommodation work under the infrastructure project contract, the contracting entity shall include in its solicitation for bid an allowance item to be funded by the public utility or cable television company to reimburse the contracting entity for any impact costs associated with the ancillary accommodation work. In order to ensure funding for the ancillary accommodation work, the public utility or cable television company shall post a payment bond payable to the contracting entity for the estimated cost of the ancillary accommodation work as determined by the contracting entity.
9. If, at the discretion of the contracting entity, it is determined that a public utility or cable television facility, in any manner, will delay or prevent the contracting entity from proceeding with the construction and completion of the infrastructure project, the contracting entity shall notify the public utility or cable television company, as appropriate, that such utility or company is interfering with the infrastructure project and has a set amount of time to relocate, remove, shift, alter, or protect, as appropriate, their facility or facilities so as not to interfere in any way with the infrastructure project.
10. If, at the discretion of the contracting entity with jurisdiction over a project area, the existing public utility or cable television facilities are deemed to be of a poor and deteriorated condition such that those facilities require replacement, the public utility or cable television company responsible for maintaining such facilities shall perform this work prior to the completion of the infrastructure project contract.
11. A contractor awarded a infrastructure project contract by the contracting entity for a infrastructure project shall be given priority over other entities to perform any non-specialized public utility or cable television facility work performed by the public utility or cable television company during the construction phase of the infrastructure project.
12. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for any person to violate any provision of P.L. , c. (C. ) (pending before the Legislature as this bill).
13. Section 1 of P.L.1983, c.283 (C.27:7-44.9) is repealed.
14. This act shall take effect on the first day of the third month after enactment and shall apply to projects that are, or scheduled to be, bid 190 days after the effective date of this act.
STATEMENT
This bill provides for the accommodation and relocation of public utility and cable television company facilities during the course of an infrastructure project undertaken by the State or a county or municipality (contracting entity).
Under current law, the cost associated with the accommodation or relocation of public utility and cable television facilities are calculated into the overall cost of highway projects are paid by the State. This bill would improve the process for public utility and cable television company facility accommodation and relocation and would also require public utilities and cable television companies to bear the costs for such accommodation or relocation their facilities when a contracting entity is undertaking any infrastructure project.
This bill establishes a framework in which contracting entities, and public utilities and cable television companies have delineated rights and responsibilities during an infrastructure project. A contracting entity is required to do the following:
· Prepare a written draft infrastructure project work plan and construction schedule for any proposed infrastructure project within its jurisdiction, such to include a description of the infrastructure project and certain other relevant information about the project and be noticed to public utilities and cable television companies.
· Provide this notice to any public utility and cable television company which does business or is located within the contracting entity's jurisdiction of any impending infrastructure project within that jurisdiction during the initial planning and design phase of project and no later than 120 calendar days prior to the solicitation of bids for that infrastructure project.
· Schedule and hold a coordination meeting between the contracting entity and all authorized representatives from any public utility or cable television company provided notice of the infrastructure project to establish the coordination of the infrastructure project and any public utility or cable television company facility protection or relocation work that is required for purposes of the infrastructure project.
· Prepare and distribute a written final infrastructure project work plan and construction schedule for an infrastructure project within its jurisdiction.
· Determine if a public utility or cable television facility, in any manner, will delay or prevent the contracting entity from proceeding in the construction and completion of the infrastructure project, and notify the public utility or cable television company that it has a set amount of time to relocate, remove, shift, alter, or protect, as appropriate, their facility or facilities so as not to interfere in any way with the infrastructure project.
· Determine if the existing public utility or cable television facilities are of a poor and deteriorated condition such that those facilities require replacement and require that the appropriate public utility or cable television company perform this work prior to the completion of the infrastructure project contract.
A noticed public utility or cable television company is responsible to do the following:
· Undertake all necessary pre-engineering and field location testing, as required, to determine the precise location and extent of their facilities that exist within, and adjacent to, the project area. All costs associated with this pre-engineering are to be borne by the appropriate public utility or the cable television company.
· Provide in writing, an accurate description, characteristic, and location of all of their facilities, and a written determination of every facility that will have an impact on the infrastructure project, including whether the characteristic or location of the facility will adversely impact the infrastructure project.
· Determine whether it will perform all, or any, of the facility ancillary accommodation or relocation work in accordance with the final infrastructure project work plan and construction schedule. A public utility or cable television company will be liable to a contracting entity for any impact costs incurred by the contractor as a result of the failure of the public utility or cable television company to complete the ancillary accommodation work in accordance with the infrastructure project work plan and construction schedule.
· Reimburse a contracting entity for any impact costs associated with ancillary accommodation work when it is determined that, due to circumstances beyond the control of that public utility or cable television company, it cannot eliminate a portion, or all, of the ancillary accommodation work within, or adjacent to, the project area, and that the contracting entity will be required to perform a portion, or all, of the ancillary accommodation work.
Any violation of this bill is an unlawful practice and a violation of the State's consumer fraud law, P.L.1960, c.39 (C.56:8-1 et seq.).
