-
(a) The following definitions shall be applicable in this section:
-
(1) “Utility” or “Utilities” shall include the public corporations, private companies and authorities, or agencies of the Government of the Virgin Islands that, pursuant to law or franchise, operate, maintain and/or supply public services to the Territory, such as water, electricity, gas, waste disposal, telephone, telegraph, cable TV or other communication services, including any fire or police signal system or street lighting system.
-
(2) “Allowable costs” shall include the costs and expenses of a utility for the relocation or removal of utility facilities, the cost of installing the utility facilities in another new location, and the cost of any lands or any rights on lands, and any other rights acquired to accomplish the relocation or removal, provided such costs and expenses are “allowable costs” pursuant to 23 Code of Federal Regulations (CFR) or any other applicable federal rules or regulations.
-
(3) “Utility facilities” shall include the systems owned by utilities within the Territory that are furnishing water, electricity, gas, waste disposal, telephone service, telegraph service, cable T.V. or other communications services within the Territory.
-
(4) “Highway project” shall include any highway or road project on the Federal-Aid Territorial Highway System that is funded in whole or in part by the Federal Highway Administration.
-
-
(b) Whenever the Commissioner of Public Works determines that it is necessary that utility facilities which are or hereafter may be located in, on, along, over, or under any highway project shall be relocated or should be removed therefrom, the utility owning or operating the utility facilities shall relocate or remove the same in accordance with the orders of the Commissioner of Public Works; provided, that the highway project is on the Federal-Aid Territorial Highway System and is funded in whole or in part by the Federal Highway Administration; and the utility’s allowable cost for such relocation or removal is reimbursed as required in this section.
- When utility facilities are removed or relocated as described above, the utility which owns or operates the same, and its successors or assigns, may maintain and operate the relocated utility facilities together with the necessary appurtenances in the new location if such location is properly owned by the Territory, for as long a period and upon the same terms and conditions as it had the right to maintain and operate the utility facilities in their former location.
-
(c) The Commissioner of Finance, upon certification by the Commissioner of Public Works, shall reimburse a utility for the allowable costs of relocating the utility’s facilities.
-
(d) In order for a utility to be eligible for reimbursement, the construction, reconstruction, repair, relocation, maintenance or operation of utility facilities within the public right of way shall be in accordance with the Utility Accommodation Policy as developed by the Commissioner of Public Works and shall be consistent with 23 CFR.
-
(e) In the event the FHWA’s reimbursement participation is pursuant to a program that authorizes less than one hundred percent (100%) reimbursement to the utility, the Territory shall reimburse the utility for all allowable costs not otherwise paid by the FHWA.