H.F. 736 Section 1. Section 306.47, Code 2025, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 3. Upon written request, the department 3 shall engage in coordination activities with a utility or 4 transmission line developer to review highway corridors 5 identified in the request for potential locations to place 6 transmission lines. The department shall assign a project 7 coordinator within thirty days of receiving the written 8 request. The department shall share all known plans with 9 affected utility or transmission line developers on planned 10 future projects in the highway corridor if the planned highway 11 project impacts the placement or siting of transmission lines. 12 Sec. 2. Section 306A.3, subsection 2, Code 2025, is amended 13 to read as follows: 14 2. a. The state department of transportation shall 15 adopt rules, pursuant to chapter 17A , embodying a utility 16 accommodation policy which imposes reasonable restrictions 17 on placements , occurring on or after the effective date of 18 the rules, on primary road rights-of-way. The rules may 19 require utilities to give notice to the department prior to 20 installation of a utility system on a primary road right-of-way 21 and obtain prior permission from the department for the 22 proposed installation. The department shall not prohibit 23 longitudinal transmission line installations extending any 24 distance on a primary road right-of-way, including on an 25 interstate road right-of-way, unless the department determines 26 such an installation would endanger public safety or interfere 27 with the proper function of the highway. The rules shall must 28 recognize emergency situations and the need for immediate 29 installation of service extensions subject to the standards 30 adopted by the department and the utilities commission. The 31 rules shall not be no less stringent than the standards 32 adopted by the utilities commission pursuant to chapters 478 , 33 479 , and 479B . This subsection shall not be construed as 34 granting the department authority which has been expressly 35 -1- LSB 2724YH (7) 91 th/ns 1/ 4

H.F. 736 granted to the utilities commission to determine the route of 1 utility installations. If the department requires a utility 2 company permit, the department shall be required to act upon 3 the permit application within thirty days of its filing. In 4 cases of federal-aid highway projects on nonprimary highways, 5 the local authority with jurisdiction over the highway and 6 the department shall comply with all federal regulations and 7 statutes regarding utility accommodation. 8 b. If the department denies an installation of a 9 longitudinal transmission line on a primary road right-of-way, 10 including on an interstate road right-of-way, the department 11 shall make the reasons for the denial available to the public 12 within ninety days. 13 Sec. 3. Section 314.20, Code 2025, is amended to read as 14 follows: 15 314.20 Utility easements on highway right-of-way. 16 The department shall develop an accommodation plan for 17 the longitudinal utility use of freeway right-of-way, in 18 consultation with the utilities commission. The plan shall be 19 consistent with the rules of the federal highway administration 20 of the United States department of transportation and shall 21 be submitted to the federal highway administration for its 22 approval by January 1, 1989. In developing the plan, the 23 department shall provide for extended payment and lease 24 agreements to provide continuous funding for the living roadway 25 trust fund. The department shall not provide for payment and 26 lease agreements for a term that exceeds twenty years. The 27 plan shall provide for charges for the use of the right-of-way 28 and all moneys collected shall be credited to the living 29 roadway trust fund established under section 314.21 . 30 Sec. 4. Section 478.18, subsection 2, Code 2025, is amended 31 to read as follows: 32 2. A transmission line shall be constructed near , and 33 parallel to , and within the right-of-way beside roads , 34 highways including those that are part of the interstate road 35 -2- LSB 2724YH (7) 91 th/ns 2/ 4

H.F. 736 system , to the right-of-way of and the railways of the this 1 state, or along the division lines of the lands, according 2 to the government survey, wherever the same is practicable 3 and reasonable, and so as not to interfere with the use 4 by the public of the highways or streams of the state, nor 5 unnecessarily interfere with the use of any lands by the 6 occupant. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 This bill relates to the installation of transmission lines 11 on highway rights-of-way. 12 Under current law, the general assembly encourages proactive 13 coordination between the department of transportation (DOT), 14 local governments, utility companies, and other affected 15 parties to minimize costs and avoid relocating utilities 16 during highway construction. Affected parties are invited 17 to participate in development meetings. However, failure 18 to participate during the design phase does not prevent a 19 construction project from moving forward. The bill requires 20 the DOT, upon written request, to engage in coordination 21 activities with a utility or transmission line developer 22 to review highway corridors identified in the request for 23 potential locations to place transmission lines. The DOT must 24 share all known plans with affected utility or transmission 25 line developers on planned future projects in the highway 26 corridor if the planned highway project impacts the placement 27 or siting of transmission lines. 28 Under current law, the DOT is required to adopt 29 administrative rules embodying a utility accommodation policy 30 imposing reasonable restrictions on utility line placements on 31 primary road rights-of-way. The bill prohibits the DOT from 32 denying longitudinal transmission line installations extending 33 any distance on a primary road right-of-way unless the DOT 34 determines such an installation would endanger public safety 35 -3- LSB 2724YH (7) 91 th/ns 3/ 4

H.F. 736 or interfere with the proper function of the highway. The 1 DOT must make the reasons for denying the installation of a 2 longitudinal transmission line available to the public within 3 90 days. 4 The DOT was previously required to develop an accommodation 5 plan for the longitudinal utility use of freeway right-of-way, 6 in consultation with the utilities commission. The DOT 7 must also provide for extended payment and lease agreements 8 to provide continuous funding for the living roadway trust 9 fund. The bill strikes the requirement that the agreements 10 be “extended” and the funding be “continuous” and instead 11 prohibits the DOT from providing for payment and lease 12 agreements for a term that exceeds 20 years. 13 Current law requires transmission lines to be constructed 14 near and parallel to roads, highways, and railways. The bill 15 adds to the designated locations for transmission lines to be 16 constructed within the right-of-way beside roads, highways, and 17 railways. The lines must not interfere with the use by the 18 public of the highways or streams, nor unnecessarily interfere 19 with the use of any lands by the occupant. 20 -4- LSB 2724YH (7) 91 th/ns 4/ 4