SSB 3063 (LSB 5687XC (2) 91)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON BOUSSELOT)

A BILL FOR

An Act relating to the installation of transmission lines on highway rights-of-way.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 306.47, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  Upon written request, the department shall engage in coordination activities with a utility or transmission line developer to review highway corridors identified in the request for potential locations to place transmission lines. The department shall assign a project coordinator within thirty days of receiving the written request. The department shall share all known plans with affected utility or transmission line developers on planned future projects in the highway corridor if the planned highway project impacts the placement or siting of transmission lines.
    Sec. 2.  Section 306A.3, subsection 2, Code 2026, is amended to read as follows:
   2.  a.  The state department of transportation shall adopt rules, pursuant to chapter 17A, embodying a utility accommodation policy which imposes reasonable restrictions on placements, occurring on or after the effective date of the rules, on primary road rights-of-way. The rules may require utilities to give notice to the department prior to installation of a utility system on a primary road right-of-way and obtain prior permission from the department for the proposed installation.  The department shall not prohibit longitudinal transmission line installations extending any distance on a primary road right-of-way, including on an interstate road right-of-way, unless the department determines such an installation would endanger public safety or interfere with the proper function of the highway. The rules shall must recognize emergency situations and the need for immediate installation of service extensions subject to the standards adopted by the department and the utilities commission. The rules shall not be no less stringent than the standards adopted by the utilities commission pursuant to chapters 478, 479, and 479B. This subsection shall not be construed as granting the department authority which has been expressly granted to the utilities commission to determine the route of utility installations. If the department requires a utility company permit, the department shall be required to act upon the permit application within thirty days of its filing. In cases of federal-aid highway projects on nonprimary highways, the local authority with jurisdiction over the highway and the department shall comply with all federal regulations and statutes regarding utility accommodation.
   b.  If the department denies an installation of a longitudinal transmission line on a primary road right-of-way, including on an interstate road right-of-way, the department shall make the reason for the denial available to the public within ninety days.
    Sec. 3.  Section 314.20, Code 2026, is amended to read as follows:
   314.20  Utility easements on highway right-of-way.
   The department shall develop an accommodation plan for the longitudinal utility use of freeway right-of-way, in consultation with the utilities commission. The plan shall be consistent with the rules of the federal highway administration of the United States department of transportation and shall be submitted to the federal highway administration for its approval by January 1, 1989. In developing the plan, the department shall provide for extended payment and lease agreements to provide continuous funding for the living roadway trust fund.  The department shall not provide for payment and lease agreements for a term that exceeds twenty years. The plan shall provide for charges for the use of the right-of-way and all moneys collected shall be credited to the living roadway trust fund established under section 314.21.
    Sec. 4.  Section 478.18, subsection 2, Code 2026, is amended to read as follows:
   2.  A transmission line shall be constructed near, and parallel to, and within the right-of-way beside roads, highways including those that are part of the interstate road system, to the right-of-way of the and railways of the this state, or along the division lines of the lands, according to the government survey, wherever the same is practicable and reasonable, and so as not to interfere with the use by the public of the highways or streams of the state, nor unnecessarily interfere with the use of any lands by the occupant.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the installation of transmission lines on highway rights-of-way.
   Under current law, the general assembly encourages proactive coordination between the department of transportation (DOT), local governments, utility companies, and other affected parties to minimize costs and avoid relocating utilities during highway construction. Affected parties are invited to participate in development meetings. However, failure to participate during the design phase does not prevent a construction project from moving forward. The bill requires the DOT, upon written request, to engage in coordination activities with a utility or transmission line developer to review highway corridors identified in the request for potential locations to place transmission lines. The DOT must share all known plans with affected utility or transmission line developers on planned future projects in the highway corridor if the planned highway project impacts the placement or siting of transmission lines.
   Under current law, the DOT is required to adopt administrative rules embodying a utility accommodation policy imposing reasonable restrictions on utility line placements on primary road rights-of-way. The bill prohibits the DOT from denying longitudinal transmission line installations extending any distance on a primary road right-of-way unless the DOT determines such an installation would endanger public safety or interfere with the proper function of the highway. The DOT must make the reason for denying the installation of a longitudinal transmission line available to the public within 90 days.
   The DOT was previously required to develop an accommodation plan for the longitudinal utility use of freeway right-of-way, in consultation with the utilities commission. The DOT must also provide for extended payment and lease agreements to provide continuous funding for the living roadway trust fund. The bill strikes the requirement that the agreements be “extended” and the funding be “continuous” and instead prohibits the DOT from providing for payment and lease agreements for a term that exceeds 20 years.
   Current law requires transmission lines to be constructed near and parallel to roads, highways, and railways. The bill specifies that transmission lines must be constructed near, parallel to, and within the right-of-way beside roads, highways, and railways. The lines must not interfere with the use by the public of the highways or streams, nor unnecessarily interfere with the use of any lands by the occupant.