| 1 | Representative Mayfield offered the following: |
| 2 |
|
| 3 | Amendment |
| 4 | Remove lines 1444-1486 and insert: |
| 5 |
|
| 6 | section as the "utility." For aerial and underground electric |
| 7 | utility transmission lines designed to operate at 69 or more |
| 8 | kilovolts that are needed to accommodate the additional |
| 9 | electrical transfer capacity on the transmission grid resulting |
| 10 | from new base-load generating facilities, where there is no |
| 11 | other practicable alternative available for placement of the |
| 12 | electric utility transmission lines on the department's rights- |
| 13 | of-way, the department's rules shall provide for placement of |
| 14 | and access to such transmission lines adjacent to and within the |
| 15 | right-of-way of any department-controlled public roads, |
| 16 | including longitudinally within limited access facilities to the |
| 17 | greatest extent allowed by federal law, if compliance with the |
| 18 | standards established by such rules is achieved. Such rules may |
| 19 | include, but need not be limited to, that the use of the right- |
| 20 | of-way is reasonable based upon a consideration of economic and |
| 21 | environmental factors, including, without limitation, other |
| 22 | practicable alternative alignments, utility corridors and |
| 23 | easements, and minimum clear zones and other safety standards, |
| 24 | and further provide that placement of the electric utility |
| 25 | transmission lines within the department's right-of-way does not |
| 26 | interfere with operational requirements of the transportation |
| 27 | facility or planned or potential future expansion of such |
| 28 | transportation facility. If the department approves longitudinal |
| 29 | placement of electric utility transmission lines in limited |
| 30 | access facilities, compensation for the use of the right-of-way |
| 31 | is required. Such consideration or compensation paid by the |
| 32 | electric utility in connection with the department's issuance of |
| 33 | a permit does not create any property right in the department's |
| 34 | property regardless of the amount of consideration paid or the |
| 35 | improvements constructed on the property by the utility. Upon |
| 36 | notice by the department that the property is needed for |
| 37 | expansion or improvement of the transportation facility, the |
| 38 | electric utility transmission line will relocate from the |
| 39 | facility at the electric utility's sole expense. The electric |
| 40 | utility shall pay to the department reasonable damages resulting |
| 41 | from the utility's failure or refusal to timely relocate its |
| 42 | transmission lines. The rules to be adopted by the department |
| 43 | may also address the compensation methodology and relocation. As |
| 44 | used in this subsection, the term "base-load generating |
| 45 | facilities" means electric power plants that are certified under |
| 46 | part II of chapter 403. The department may enter into a |