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Senator Saunders moved the following amendment:

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     Senate Amendment (with directory and title amendments)

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     Delete line(s) 1787-1822

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and insert:

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practicable alternative available for placement of the electric

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utility transmission lines on the department's rights-of-way, the

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department's rules shall provide for placement of and access to

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such transmission lines adjacent to and within the right-of-way

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of any department-controlled public roads, including

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longitudinally within limited access facilities to the greatest

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extent allowed by federal law, if compliance with the standards

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established by such rules is achieved. Such rules may include,

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but need not be limited to, that the use of the right-of-way is

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reasonable based upon a consideration of economic and

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environmental factors, including, without limitation, other

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practicable alternative alignments, utility corridors and

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easements, minimum clear zones and other safety standards, and

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further provide that placement of the electric utility

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transmission lines within the department's right-of-way does not

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interfere with operational requirements of the transportation

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facility or planned or potential future expansion of such

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transportation facility. If the department approves longitudinal

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placement of electric utility transmission lines in limited

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access facilities, compensation for the use of the right-of-way

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is required. Such consideration or compensation paid by the

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electric utility in connection with the department's issuance of

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a permit does not create any property right in the department's

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property regardless of the amount of consideration paid or the

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improvements constructed on the property by the utility. Upon

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notice by the department that the property is needed for

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expansion or improvement of the transportation facility, the

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electric utility transmission line will relocate from the

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facility at the electric utility's sole expense. The electric

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utility shall pay to the department reasonable damages resulting

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from the utility's failure or refusal to timely relocate its

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transmission lines. The rules to be adopted by the department

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may also address the compensation methodology and relocation. As

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used in this subsection, the term "base load generating

4/16/2008  4:52:00 PM     EP.37.07764