Bill No. HB 7135
Amendment No. 457969
Senate House

1Representative Mayfield offered the following:
3     Amendment
4     Remove lines 1444-1486 and insert:
6section as the "utility." For aerial and underground electric
7utility transmission lines designed to operate at 69 or more
8kilovolts that are needed to accommodate the additional
9electrical transfer capacity on the transmission grid resulting
10from new base-load generating facilities, where there is no
11other practicable alternative available for placement of the
12electric utility transmission lines on the department's rights-
13of-way, the department's rules shall provide for placement of
14and access to such transmission lines adjacent to and within the
15right-of-way of any department-controlled public roads,
16including longitudinally within limited access facilities to the
17greatest extent allowed by federal law, if compliance with the
18standards established by such rules is achieved. Such rules may
19include, but need not be limited to, that the use of the right-
20of-way is reasonable based upon a consideration of economic and
21environmental factors, including, without limitation, other
22practicable alternative alignments, utility corridors and
23easements, and minimum clear zones and other safety standards,
24and further provide that placement of the electric utility
25transmission lines within the department's right-of-way does not
26interfere with operational requirements of the transportation
27facility or planned or potential future expansion of such
28transportation facility. If the department approves longitudinal
29placement of electric utility transmission lines in limited
30access facilities, compensation for the use of the right-of-way
31is required. Such consideration or compensation paid by the
32electric utility in connection with the department's issuance of
33a permit does not create any property right in the department's
34property regardless of the amount of consideration paid or the
35improvements constructed on the property by the utility. Upon
36notice by the department that the property is needed for
37expansion or improvement of the transportation facility, the
38electric utility transmission line will relocate from the
39facility at the electric utility's sole expense. The electric
40utility shall pay to the department reasonable damages resulting
41from the utility's failure or refusal to timely relocate its
42transmission lines. The rules to be adopted by the department
43may also address the compensation methodology and relocation. As
44used in this subsection, the term "base-load generating
45facilities" means electric power plants that are certified under
46part II of chapter 403. The department may enter into a

CODING: Words stricken are deletions; words underlined are additions.