Arizona HB 2610: appropriation; US route 191

Bill Text

HB2610 - 572R - H Ver 

 House Engrossed

 utility relocation; 
 funding; bonds

 State of Arizona

 House of Representatives

 Fifty-seventh Legislature

 Second Regular Session

 2026

 HOUSE BILL 2610

AN 
ACT

amending section 9-461.17, arizona revised 
statutes; relating to municipal planning.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it 
enacted by the Legislature of the State of Arizona:

Section 1. Section 9-461.17, Arizona Revised 
Statutes, is amended to read:

START_STATUTE9-461.17. Telecommunications utility relocation; cost reimbursement; 
definitions

A. To the 
fullest extent allowed by law, If any construction project in any 
municipality that is undertaken individually or jointly by an intergovernmental 
contract and that is funded in whole or in part by voter-approved 
municipal bond proceeds requires that a telecommunications utility adjust or 
otherwise relocate the telecommunications utility's facilities, the 
municipality shall reimburse the telecommunications utility, or cause the 
telecommunications utility to be reimbursed, for the telecommunications 
utility's relocation costs incurred on facilities located within the municipal 
boundaries.

B. If the telecommunications utility has existing 
land rights, the municipality shall provide at the municipality's expense the 
telecommunications utility with equal land rights in the new location of the 
relocated facilities. If the telecommunications utility's existing 
facilities are located in the right-of-way under a permit, the 
municipality shall provide at the municipality's expense the telecommunications 
utility with rights in the new location of the relocated facilities equivalent 
to the telecommunications utility's existing rights under the permit.

C. A telecommunications utility shall submit a 
verified itemized claim to the municipality for reimbursement of relocation 
costs within one hundred eighty days after each calendar quarter in which a 
telecommunications utility incurs relocation costs.

D. The municipality shall:

1. Review each verified itemized claim submitted 
pursuant to subsection C of this section. The review may include an audit 
conducted pursuant to standard industry accounting principles.

2. Reimburse the telecommunications utility for the 
relocation costs within ninety days after receipt of the verified itemized 
claim.

3. Reimburse verified itemized claims from all 
affected telecommunications utilities in the order of receipt.

4. At least thirty days before a 
request to relocate a telecommunications utility's facility, Provide the 
telecommunications utility with public notice of any voter-approved municipal 
bond project. 

5. Develop a reimbursement process 
for a telecommunications utility to apply for REIMBURSEMENT of the RELOCATION 
costs of the telecommunications utility's facilities.

E. The reimbursement limitation for paid claims of 
relocation costs for telecommunications utility facilities for which there are 
no existing land rights is not more than two percent of the total project 
monies. The total of the project monies is the total dollar amount 
of all voter-approved municipal bond proceeds that fund a construction 
project from time to time.

F. The total amount of reimbursement paid for claims 
of relocation costs of all telecommunications utility facilities for which 
there are no existing land rights may not exceed the reimbursement limitation.

G. If a verified itemized claim causes the total 
amount of all claims for telecommunications utility relocation costs to exceed 
the reimbursement limitation, that claim shall be reduced so that the total 
amount of reimbursement paid for all claims for which there are no existing 
land rights equals the reimbursement limitation.

H. If the dollar amount of the reimbursement 
limitation increases as a result of an increase in total project funds after 
the previous reimbursement limitation is exhausted, within thirty days after 
the reimbursement limitation is increased the municipality shall resume 
processing previously submitted and new verified itemized claims under this 
section.

I. The reimbursement limitation does not apply to 
any claims for reimbursement of relocation costs for telecommunications utility 
facilities with existing land rights or any amounts paid by the municipality to 
provide equivalent land or permit rights. These claims and amounts are excluded 
from the reimbursement limitation.

J. This section does not:

1. Apply to a construction project funded in whole 
or in part with voter-approved municipal bond proceeds if approval of the 
bonds was referred to the voters, or the initiative petition for the bonds was 
applied for, before January 1, 2017.

2. Prohibit a municipality from complying with other 
applicable law, or with an agreement, that requires the municipality to 
reimburse a telecommunications utility for more relocation costs than this 
section provides.

K. For the purposes of this section:

1. "Int