(a) Notwithstanding any provisions of law to the contrary, whenever the Mayor of the District of Columbia shall determine that the construction or modification of a project, on or a part of the National System of Interstate and Defense Highways within the District of Columbia under Title 23 of the United States Code, necessitates the relocation, adjustment, replacement, removal, or abandonment of utility facilities, the utility owning such facilities shall relocate, adjust, replace, remove, or abandon the same, as the case may be. The cost of relocation, adjustment, replacement, or removal, and the cost of abandonment of such facilities, shall be paid to the utility by the District of Columbia, as a part of the cost of such project.
(b) As used in this section:
(1) The term “utility” means any gas plant, gas company, natural gas supplier, electric company, electricity supplier, telephone corporation, telephone line, telegraph corporation, telegraph line, and pipeline company, whether publicly or privately owned, as those terms are defined in Chapter 2 of Title 34.
(2) The term “utility facility” means all real and personal property, buildings, and equipment owned or held by a utility in connection with the conduct of its lawful business.
(3) The term “cost of relocation, adjustment, replacement, or removal” means the entire amount paid by such utility properly attributable to such relocation, adjustment, replacement, or removal, as the case may be, less any increase in value on account of any betterment of the new utility facilities over the old utility facilities, and less any salvage value derived from the old utility facilities.
(4) The term “cost of abandonment” means the actual cost to abandon any utility facilities which are not to be used, relocated, adjusted, replaced, removed, or salvaged, together with the original cost of such abandoned facilities, less depreciation.
CREDIT(S)
(Oct. 14, 1972, 86 Stat. 812, Pub. L. 92-495, § 4; May 9, 2000, D.C. Law 13-107, § 303, 47 DCR 1091; Mar. 16, 2005, D.C. Law 15-227, § 16, 51 DCR 10549.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 15-227, in par. (1) of subsec. (b), substituted “gas company, natural gas supplier” for “gas corporation”.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 11 of Prevention of Unauthorized Switching of Customer Natural Gas Accounts Temporary Act of 2001 (D.C. Law 14-13, July 10, 2001, law notification 48 DCR 6589).
Prior Codifications
1981 Ed., § 7-135.
1973 Ed., § 7-135a.
Effect of Amendments
D.C. Law 13-107, in par. (b)(1), substituted “company, electricity supplier” for “plant, electrical corporation”.
Legislative History of Laws
Law 13-107, the “Retail Electric Competition and Consumer Protection Act of 1999,” was introduced in Council and assigned Bill No. 13-284, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on December 7, 1999, and December 21, 1999, respectively. Signed by the Mayor on January 18, 2000, it was assigned Act No. 13-256 and transmitted to both Houses of Congress for its review. D.C. Law 13-107 became effective on May 9, 2000.
Law 15-227, the “Retail Natural Gas Supplier Licensing and Consumer Protection Act of 2004”, was introduced in Council and assigned Bill No. 15-679, and was retained by Council. The Bill was adopted on first and second readings on July 13, 2004, and October 5, 2004, respectively. Signed by the Mayor on November 1, 2004, it was assigned Act No. 15-567 and transmitted to both Houses of Congress for its review. D.C. Law 15-227 became effective on March 16, 2005.
Change in Government
This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.