1 Accommodating Utilities in Highway Rights-of-Way Federal Agency Update IRWA/AI Conference Las Vegas, NV January 13, 2009

2 Today’s Topics Historical Perspective Utility Legislation, Regulation, Policy, Guidance Emerging Issues and Challenges Upcoming Initiatives and Opportunities Resource Review

3 Historical Perspective The advent of the Interstate led to a more common practice of using highway funding to reimburse utilities for relocation and adjustment costs. While Federal regulations dealing with utility relocations and accommodations have evolved over the decades, many of the general policies have remained unchanged.

4 General Points Utility facilities’ joint use of the public highway right-of-way is considered to be in the general public’s best interest. Joint use avoids the additional cost of acquiring separate right-of-way for the exclusive accommodation of utilities. Highway or traffic safety; aesthetic quality; and Federal, State, or local legal considerations must still be met.

5 Utilities – Current Federal Laws 23 U.S.C Relocation of Utility Facilities Federal funds may be used to reimburse a State provided: State laws are not violated Legal contracts between State and utility are not violated Sufficient reimbursement evidence is provided 23 U.S.C. 109(l) - Accommodation of Utilities Health and Safety Considerations Direct and Indirect Environmental Impacts to use or non-use of highway right-of-way Environmental and Economic Impacts

6 Federal Regulations 23 CFR 645 – Utilities Subpart A – Utility Relocations, Adjustments, and Reimbursement Subpart B – Accommodation of Utilities

7 23 CFR 645 Subpart A Utility Relocations, Adjustments, and Reimbursement Eligibility requirements Preliminary Engineering Replacement Right-of-Way Agreements/roles & responsibilities Construction Reimbursement

8 23 CFR 645 Subpart B Accommodation of Utilities General Requirements Utility Accommodation Policies Use and Occupancy Agreements Approval Processes

9 Utility Accommodation Each State exercises discretion about terms and conditions for accommodating utilities in the right-of-way. Each State’s decisions are documented in Federally-approved accommodation policies.

10 Utility Guidance Program Guide 6 th Edition (2003) Provides historical perspective Gives examples on application of provisions Incorporates HQ responses to previous field inquiries

11 Emerging Issues & Challenges Longitudinal Use of Right of Way Renewable energy facilities (wind turbines, solar panels) High-Voltage Direct Current electric transmission lines

12 Opportunities Forthcoming FHWA Guidance Memorandum Addresses applicability of 23 CFR 645 or 23 CFR 710 for accommodation Emphasizes State determinations on definition of “utility” Encourages proactive FHWA and State review and/or update of Utility Accommodation Policies

13 Utility Challenges in Project Delivery Avoiding Construction Delays Due to Utilities  Avoid Utility Relocations  Complete Utility Relocations before Construction Begins  Design Utility Relocations and add to Construction Contract  Pay Utility Preliminary Engineering Costs  Pay All Relocation Costs

14 Utility Opportunities in Project Delivery Implementation of ideas obtained from 2008 International Right-of-Way and Utility Scan Tour Scan goal: Explore innovative practices to better integrate right of way and utility processes with Planning, Environmental analysis and design

15 Key Implementation Ideas: Integrate right of way acquisition and utility coordination in innovative contracting approaches Develop a framework to establish proficiency of right of way and utility professionals in core disciplines Promote incentive-based reimbursement for utility relocations Promote use of multiple-level MOU structure among transportation and utility interests Promote the use of best practices in utility coordination during the construction phase

16 Scan: Next Steps Finalization of Findings Report Finalization of strategies for implementation of lessons learned

17 Opportunities: Utility Research Ongoing Projects “Encouraging Innovation in Locating and Characterizing Underground Utilities” “Strategies for Integrating Utility and Transportation Agency Priorities in Highway Renewal Projects” “Utility Location and Highway Design” “Utility Encasement Policy for Highway Crossings”

18 Opportunities: Utility Research Some Proposed Projects Model curricula and training programs for utility relocation Identification of utility conflicts and solutions Data bases for estimating costs of utility relocations Feasibility of using incentives to facilitate utility relocations

19 Utility Resources - Websites FHWA Main Page: Program Guide: American State Highway and Transportation Officials – Subcommittee on Right of Way and Utilities:

20 For More Information: Jeff Zaharewicz Value Engineering & Utility Program Manager FHWA Office of Program Administration