Allow Utilities To Place Lines Along Freeways
Renewable energy sources are often located in rural areas far from the urban centers that call for the highest demand for energy. The power grids in existence today were designed to link customers to relatively nearby coal, gas and nuclear powerplants. In order to benefit from the environmental, economic and national security advantages of renewable
energy, the U.S. needs to find affordable and efficient means to transmit the renewable energy from these remote areas to where it is needed most.
With private property easements both scarce and expensive, the use of existing freeway right-of-way offers a very attractive option for transmitting renewable energy, as well as serving as a suitable location for the installation of renewable generating facilities on structures, roadside slopes, along fence lines and even within the pavement itself.
The American Association of State Highway and Transportation Officials' (AASHTO) policy, although advisory, still officially prohibits longitudinal utility installations along freeways, except in rare cases and for fiber optics. AASHTO is becoming receptive to the idea. Though policy change takes time, there are good reasons to hurry.
State transportation departments, either by their own accord or in reaction to public demand, are beginning to look at the use of freeway right-of-way to transmit wind and solar energy. But while AASHTO carries out its analysis, most states continue to follow the official AASHTO policy.
There are precedents for allowing longitudinal installations along rights-of-way. Until 1988 the Federal Highway Administration (FHWA) prohibited longitudinal installations on freeways.
Utilities have been allowed to use highway right-of-way—but not freeway (expressways with fully controlled access) right-of-way—for power, communications, gas, water and other installations almost since the beginning of the federal and state highway programs.
What FHWA Allows
A key section of the Code of Federal Regulations contains the FHWA's finding that it is in the public interest to accommodate utility facilities on the right-of-way of federal-aid highway projects provided certain public safety conditions are met. Another section as well as policies in the FHWA's program guide on utilities and highways allow states to decide if they want to permit longitudinal utility installations, including overhead transmission lines, on freeways. FHWA policy further allows the states to charge fees for utility use and to use the revenues as they see fit, including for transportation.
Opponents of longitudinal installations are concerned about scenery, roadside safety, access, maintenance and durability, among other issues. But these obstacles can be overcome.
For instance, in December 2010, the Wisconsin DOT revised its policy to allow electric transmission facilities to be installed longitudinally on freeway right-of-way.
Where Federal laws allow longitudinal installations of transmission lines for renewable energy, production installations may be more difficult to justify, but not impossible.
A great example is the Oregon Dept. of Transportation (ODOT). Using a public-private partnership coupled with private financing, tax credits and public investment, ODOT completed in 2008 the nation's first solar demonstration project located on a freeway right-of-way. Through a net-metering agreement with the utility, which owns the array, the power is used to light the I-5 / I-205 interchange in Portland. A second project along Interstate 5 south of Wilsonville broke ground in August.
During his campaign and in the early days of his administration, President Barack Obama held out a vision of a modernized electrical grid that could transmit green electrical power anywhere it was needed. Not enough has been done. To jump-start America's leap into renewable energy, I urge state DOTs to work together to share ideas and successes, FHWA and AASHTO to provide needed research and guidance, and the power industry to identify its needs and initiate discussions with federal and state highway officials. There are compelling environmental and economic reasons to get this energy where it will be used.
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