Generally revise Montana department of transportation’s utility relocation process
What changed between versions
Added a requirement that the Department of Transportation must provide a preliminary notice before reducing reimbursement for facilities not relocated in a reasonable time.
Established a mechanism to incrementally reduce the Department's reimbursement from 75% down to 0% if a utility fails to relocate its facility within a reasonable time after notice.
Granted the Department authority to remove nonutility facilities that fail to move to accommodate planned highway projects or were not installed according to permit.
Added limited liability protections for the Department and its contractors regarding removals, barring claims for service interruptions unless misconduct occurred.
Clarified that existing facilities lawfully occupying the right-of-way before October 1, 2019, are exempt from new permitting provisions.
Authorized the Department to adopt rules defining what constitutes a 'reasonable time' for relocations and establishing timelines for notices.
Specified that the incremental loss of cost participation cannot be imposed until at least 90 days after the preliminary notice is given.