(a) If the department determines that an adjustment, modification, relocation, or removal of a utility facility may be required by an improvement to a state highway, the department will provide the utility with sufficient plans and specifications to enable the utility to reasonably determine the future location, including depth of cover and required clearances, if applicable, and estimated cost of the adjustment, modification, relocation, or removal of the utility facility.     
      (b) The utility shall negotiate with the department in good faith to reach an agreement on the terms of the relocation. The agreement shall contain:      
        (1) all necessary signatures by an authorized utility representative;       
        (2) plans and specifications sufficient to determine the proposed location of the facility;       
        (3) cost estimates and support if the adjustment, modification, relocation, or removal of the utility facility may be eligible for department cost participation;       
        (4) proof of the utility facility's underlying property interest if cost participation is sought; and       
        (5) a date by which the utility will begin and an estimated date of completion of the adjustment, modification, relocation, or removal.       
      (c) If the department and the utility have not entered into a written agreement within 30 days after the department provides the plans and specifications under subsection (a) of this section, the department will send written notice to the utility by certified mail that the department has determined that the adjustment, modification, relocation, or removal of the utility's facility may be required. The notice will include:      
        (1) a final plan for the adjustment, modification, relocation, or removal of the utility facility;       
        (2) the department's standard utility agreement for the relocation or adjustment of the facility; and       
        (3) a date by which the adjustment, modification, relocation, or removal of the utility's facility must be complete.       
      (d) Ninety days after the utility receives the notice under subsection (c) of this section, the department may relocate the facility at the sole cost and expense of the utility less any reimbursement that would have been payable to the utility under Transportation Code, §203.092, unless the utility:      
        (1) has executed the agreement;       
        (2) is in the process of negotiating in good faith with the department to relocate the facility; or       
        (3) has requested and been granted by the department an extension of time in which to sign an agreement.       
     Source Note:        The provisions of this §21.22 adopted to be effective March 18, 2004, 29 TexReg 2721