Read the full stored bill text
House
File
736
-
Introduced
HOUSE
FILE
736
BY
WOOD
and
LATHAM
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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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
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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
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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
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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
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