Bill Summaries: H849 (2025-2026 Session)

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  • Summary date: Apr 9 2025 - View summary

    Sections 1 and 2 add a new subsection (c1) to GS 136-19.5 stating that if relocation of utility facilities (as defined in 23 USC 123 and applied by the U.S. Department of Transportation in 23 CFR 645.105) is required by construction of a project on the federal interstate system and is approved for reimbursement under the Federal-Aid Highway Act (as amended), the owner or operator of the facilities shall perform any necessary work upon notice from the Department of Transportation and the State must pay the entire expense properly attributable to the work (after deducting any increase in the value of the new facility and any salvage value derived from the old facility). Makes conforming changes to GS 136-18.

    Section 3 adds a new GS 160A-296.2, which states that if a city requires or directs the removal or relocation of facilities installed or operated in the city’s rights of way by any of several kinds of telecommunications provider (owner or operator of broadband services, video programming services pursuant to a franchise issued by the Secretary of state, telephone or telegraph lines, or a wireless facility (as defined in GS 160D-931(22)), the owner or operator shall remove or relocate the facilities and the city shall reimburse the owner or operator for the costs of the relocation or removal. This reimbursement requirement does not apply to a city with a population of less than 5,000 unless the removal or relocation is related to a road improvement or construction project funded exclusively by federal funds.

    Section 4 amends GS 160A-479.15 adding the owner or operator of broadband services, video programming services pursuant to a franchise issued by the Secretary of state, telephone or telegraph lines, or a wireless facility (as defined in GS 160D-931(22) to the scope of “public service corporation” that a regional sports authority can require to remove or relocate its facilities.

    Section 5 similarly amends the scope of “public service corporation” as used in GS 160A-21 for regional public transportation authorities.

    Section 6 similarly amends the scope of “public service corporation” as used in GS 160A-651 for regional transportation authorities.