1 | Representative Mayfield offered the following: |
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3 | Amendment |
4 | Remove lines 1444-1486 and insert: |
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6 | section as the "utility." For aerial and underground electric |
7 | utility transmission lines designed to operate at 69 or more |
8 | kilovolts that are needed to accommodate the additional |
9 | electrical transfer capacity on the transmission grid resulting |
10 | from new base-load generating facilities, where there is no |
11 | other practicable alternative available for placement of the |
12 | electric utility transmission lines on the department's rights- |
13 | of-way, the department's rules shall provide for placement of |
14 | and access to such transmission lines adjacent to and within the |
15 | right-of-way of any department-controlled public roads, |
16 | including longitudinally within limited access facilities to the |
17 | greatest extent allowed by federal law, if compliance with the |
18 | standards established by such rules is achieved. Such rules may |
19 | include, but need not be limited to, that the use of the right- |
20 | of-way is reasonable based upon a consideration of economic and |
21 | environmental factors, including, without limitation, other |
22 | practicable alternative alignments, utility corridors and |
23 | easements, and minimum clear zones and other safety standards, |
24 | and further provide that placement of the electric utility |
25 | transmission lines within the department's right-of-way does not |
26 | interfere with operational requirements of the transportation |
27 | facility or planned or potential future expansion of such |
28 | transportation facility. If the department approves longitudinal |
29 | placement of electric utility transmission lines in limited |
30 | access facilities, compensation for the use of the right-of-way |
31 | is required. Such consideration or compensation paid by the |
32 | electric utility in connection with the department's issuance of |
33 | a permit does not create any property right in the department's |
34 | property regardless of the amount of consideration paid or the |
35 | improvements constructed on the property by the utility. Upon |
36 | notice by the department that the property is needed for |
37 | expansion or improvement of the transportation facility, the |
38 | electric utility transmission line will relocate from the |
39 | facility at the electric utility's sole expense. The electric |
40 | utility shall pay to the department reasonable damages resulting |
41 | from the utility's failure or refusal to timely relocate its |
42 | transmission lines. The rules to be adopted by the department |
43 | may also address the compensation methodology and relocation. As |
44 | used in this subsection, the term "base-load generating |
45 | facilities" means electric power plants that are certified under |
46 | part II of chapter 403. The department may enter into a |