House
File
2228
-
Introduced
HOUSE
FILE
2228
BY
COMMITTEE
ON
COMMERCE
(SUCCESSOR
TO
HF
736)
A
BILL
FOR
An
Act
relating
to
the
installation
of
transmission
lines
on
1
highway
rights-of-way.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2228
Section
1.
Section
306.47,
Code
2026,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
3.
Upon
written
request
by
a
utility
3
infrastructure
owner,
the
department
shall
engage
in
4
coordination
activities
with
a
utility
or
transmission
line
5
developer
to
review
highway
corridors
identified
in
the
request
6
for
potential
locations
to
place
transmission
lines.
The
7
department
shall
assign
a
project
coordinator
within
thirty
8
days
of
receiving
the
written
request.
The
department
shall
9
share
all
known
plans
with
affected
utility
or
transmission
10
line
developers
on
planned
future
projects
in
the
highway
11
corridor
if
the
planned
highway
project
impacts
the
placement
12
or
siting
of
transmission
lines.
13
Sec.
2.
Section
306A.3,
subsection
2,
Code
2026,
is
amended
14
to
read
as
follows:
15
2.
a.
The
state
department
of
transportation
shall
16
adopt
rules,
pursuant
to
chapter
17A
,
embodying
a
utility
17
accommodation
policy
which
imposes
reasonable
restrictions
18
on
placements
,
occurring
on
or
after
the
effective
date
19
of
the
rules,
on
primary
road
rights-of-way.
The
rules
20
may
require
utilities
to
give
notice
to
the
department
21
prior
to
installation
of
a
utility
system
on
a
primary
road
22
right-of-way
and
obtain
prior
permission
from
the
department
23
for
the
proposed
installation.
Upon
written
request
by
a
24
utility
infrastructure
owner,
longitudinal
transmission
line
25
installations
may
be
installed
on
a
primary
road
right-of-way,
26
including
on
an
interstate
road
right-of-way,
unless
the
27
department
determines
such
an
installation
would
endanger
28
public
safety
or
interfere
with
the
proper
function
and
public
29
use
of
the
highway.
The
rules
shall
must
recognize
emergency
30
situations
and
the
need
for
immediate
installation
of
service
31
extensions
subject
to
the
standards
adopted
by
the
department
32
and
the
utilities
commission.
The
rules
shall
not
be
no
33
less
stringent
than
the
standards
adopted
by
the
utilities
34
commission
pursuant
to
chapters
478
,
479
,
and
479B
.
This
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subsection
shall
not
be
construed
as
granting
the
department
1
authority
which
has
been
expressly
granted
to
the
utilities
2
commission
to
determine
the
route
of
utility
installations.
3
If
the
department
requires
a
utility
company
permit,
the
4
department
shall
be
required
to
act
upon
the
permit
application
5
within
thirty
days
of
its
filing.
In
cases
of
federal-aid
6
highway
projects
on
nonprimary
highways,
the
local
authority
7
with
jurisdiction
over
the
highway
and
the
department
shall
8
comply
with
all
federal
regulations
and
statutes
regarding
9
utility
accommodation.
10
b.
If
the
department
denies
an
installation
of
a
11
longitudinal
transmission
line
on
a
primary
road
right-of-way,
12
including
on
an
interstate
road
right-of-way,
the
department
13
shall
make
the
reasons
for
the
denial
available
to
the
public
14
within
ninety
days.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
This
bill
relates
to
the
installation
of
transmission
lines
19
on
highway
rights-of-way.
20
Under
current
law,
the
general
assembly
encourages
proactive
21
coordination
between
the
department
of
transportation
(DOT),
22
local
governments,
utility
companies,
and
other
affected
23
parties
to
minimize
costs
and
avoid
relocating
utilities
24
during
highway
construction.
Affected
parties
are
invited
25
to
participate
in
development
meetings.
However,
failure
26
to
participate
during
the
design
phase
does
not
prevent
a
27
construction
project
from
moving
forward.
The
bill
requires
28
the
DOT,
upon
written
request
by
a
utility
infrastructure
29
owner,
to
engage
in
coordination
activities
with
a
utility
30
or
transmission
line
developer
to
review
highway
corridors
31
identified
in
the
request
for
potential
locations
to
place
32
transmission
lines.
The
DOT
must
share
all
known
plans
with
33
affected
utility
or
transmission
line
developers
on
planned
34
future
projects
in
the
highway
corridor
if
the
planned
highway
35
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project
impacts
the
placement
or
siting
of
transmission
lines.
1
Under
current
law,
the
DOT
is
required
to
adopt
2
administrative
rules
embodying
a
utility
accommodation
3
policy
imposing
reasonable
restrictions
on
utility
line
4
placements
on
primary
road
rights-of-way.
The
bill
authorizes
5
longitudinal
transmission
line
installations
to
be
installed
6
on
a
primary
road
right-of-way,
upon
written
request
by
a
7
utility
infrastructure
owner,
unless
the
DOT
determines
such
8
an
installation
would
endanger
public
safety
or
interfere
with
9
the
proper
function
and
use
of
the
highway.
The
DOT
must
make
10
the
reasons
for
denying
the
installation
of
a
longitudinal
11
transmission
line
available
to
the
public
within
90
days.
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