Accommodating Utilities in Highway Rights-of-Way Federal Agency Update IRWA/AI Conference

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. 123 - 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 GuidanceProgram Guide 6th 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:http://www.fhwa.dot.gov/programadmin/utility.cfm • 2003 Program Guide: http://www.fhwa.dot.gov/reports/utilguid/ • American State Highway and Transportation Officials – Subcommittee on Right of Way and Utilities: http://rightofway.transportation.org/?siteid=61/

20. For More Information: Jeff Zaharewicz Value Engineering & Utility Program Manager FHWA Office of Program Administration 202.493.0520 Jeffrey.zaharewicz@dot.gov