A unit may enter into an agreement with a utility described in section 6(b)(2) of this chapter concerning the relocation of the facility. The agreement must include the following:

1. (1) A date certain by which the utility agrees to relocate the facility.

2. (2) Conditions under which the utility is excused from relocating the facility by the date described in subdivision (1), including the following:

   1. (A) The facility relocation was affected by:

      1. (i) significantly differing site conditions;
      2. (ii) unexpected impacts of other utilities; or
      3. (iii) a force majeure event.
   2. (B) Severe weather, delays in acquiring a relocation area, or other factors beyond the control of the utility.
3. (3) Conditions under which the unit must notify the utility of cancellations, delays, or changes related to the major project.

As added by P.L.79-2013, SEC.1.