| (a) A utility that is a political subdivision or owned
or operated by a political subdivision may request the relocation
of its utility facilities required by a state highway improvement
project be at the expense of the state under Transportation Code,
Section 203.092(a-4).
(b) To request relocation under this section, the utility
must make a written request to the department and submit:
(1) documentation that the utility, because of an existing
financial condition, would be unable to pay the cost of relocation
in full or in part at the time of relocation or that the utility's
ability to operate or provide essential services to its customers
would be adversely affected by such a payment made at that time; and
(2) documentation:
(A) on the utility's ability to obtain a state infrastructure
bank loan under Chapter 6 of this title (relating to State Infrastructure
Bank) and its ability to obtain other financing for the relocation,
including relevant financial information described in §6.23 of
this title (relating to Application Procedure); or
(B) that the utility is a political subdivision, or
owned or operated by a political subdivision, that has a population
of less than 5,000 and is located within a county that has been included
in at least five disaster declarations made by the president of the
United States of America in the six-year period preceding the proposed
date of the relocation; and
(3) any other information or documentation requested
by the department.
(c) As soon as practicable after review and analysis
of the documentation and information provided under subsection (b)
of this section, the department will submit findings and recommendations
to the commission for consideration.
(d) The commission will find that all or a part of
the utility facility relocation is an expense of the state if:
(1) payment for all or a part of the relocation of
the utility facility would not cause the department to exceed $10
million for the relocation of utilities authorized under Section 203.092(a-4)
in any fiscal year; and
(2) the commission determines that:
(A) the utility is a political subdivision or is owned
or operated by a political subdivision;
(B) a financial condition exists, as described in subsection
(b)(1) of this section; and
(C) the utility:
(i) would not be able to receive a state infrastructure
bank loan under Chapter 6 of this title to finance the cost of the
relocation and is otherwise unable to finance that cost; or
(ii) meets the description provided in subsection (b)(2)(B)
of this section.
(e) If the commission finds that all or a part of the
utility facility relocation is an expense of the state, the department
and the utility shall include the terms of the department's payment
of relocation expenses in an agreement concerning the relocation.
(f) Because of the fiscal constraint provided under
Transportation Code, Section 203.092(e), the department:
(1) may prioritize the utility requests based on the
needs of the department, including the construction schedules of the
projects requiring relocation of utility facilities;
(2) may delay until the next fiscal year the payment
of all or part of a claim made by a utility if at the time the claim
is received by the department, the payment is prohibited by Section
203.092(e); and
(3) will not pay a claim for payment that is received
by the department later than one year after the date that the relocation
of the utility facility is completed.
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