§ 39-2.2-3. State road repair. (a) Any repaving and repair of a state road required by § 39-2.2-2 shall be to the satisfaction of the director of the department of transportation.
(b) All utility work within and/or upon a state road or state right-of-way requires a state utility permit issued by the department of transportation prior to the work commencing. Any public utility or utility facility violating this section for non-emergency utility work without a state utility permit shall be fined five hundred dollars ($500) per incident in addition to the required road repaving and repair (restoration).
(c) As part of the state utility permit requirements:
(1) The public utility or utility facility shall obtain and submit to the state a performance bond in accordance with the state utility permit application requirements prior to the state utility permit being issued by the department of transportation; and
(2) The department of transportation will contract with pre-qualified vendors (Master Price Agreement) to conduct state-certified testing and inspection services on all utility work in accordance with the state utility permit requirements, and the public utility or utility facility shall reimburse the department of transportation for these costs.
History of Section. (P.L. 2019, ch. 170, § 1; P.L. 2019, ch. 234, § 1.)
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