TITLE 39
Public Utilities and Carriers

CHAPTER 39-2
Duties of Utilities and Carriers

SECTION 39-2-15.1


§ 39-2-15.1 Temporary removal of wires and supporting fixtures by nonprofit housing development corporation.

(a) Whenever, in order to move a building to be used as affordable housing for low and moderate income persons for a period of not less than ten (10) years, a nonprofit housing development corporation desires that the pipes, mains, poles, wires, conduits or fixtures, of a public utility be cut, disconnected, or removed, the public utility shall cut, disconnect, or remove the same at its own expense.

(b) A nonprofit housing development corporation which desires the cutting, disconnection, or removal of mains, poles, conduits, wires, or fixtures of a public utility shall give written notification thereof to the commission and the utility company. The written notification must contain the location of the site where the structure is presently located, the location of the final destination of the structure, the path of the proposed move, described in reference to the crossings of streets or highways, and the date of the required cutting, disconnection or removal.

(c) Upon receipt of the written notification described in subsection (b) of this section, the commission shall promptly determine whether the applicant is a nonprofit housing development corporation within the meaning of this chapter, and shall also determine whether the structure to be moved will be maintained as affordable housing for a period of not less than ten (10) years. A resolution, issued by the board of directors of the nonprofit housing development corporation and recorded at the land records office of the locality to where the structure is to be moved, stating that the structure will be used as affordable housing for a period of not less than ten (10) years, shall be satisfactory evidence that the requirements of this section have been satisfied. If the commission determines that the applicant satisfies the requirements of this section, it shall give notice thereof to the public utilities and require the applicant to coordinate its building move with the path(s), date(s) and time(s) as determined by the public utilities; however, the date(s), and time(s) shall be no later than thirty (30) days from the date the public utilities have received notice of the commission's determination.

(d) If, at any time during the ten (10) year period following the cutting, disconnection, or removal of the pipes, mains, poles, wires, conduits, or fixtures of a public utility, the nonprofit housing development corporation shall utilize the structure for any purpose other than affordable housing, the nonprofit housing development corporation shall reimburse the public utility for the cost of the cutting, disconnection, or removal of the same.

History of Section.
(P.L. 1988, ch. 580, § 3.)