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Compare aspects of the permitting process among states.

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Bulk Transmission Land Access Comparison

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State Land Right-of-Way
State Land Right-of-Way Agency
State Highway Right-of-Way
State Highway Right-of-Way Agency
Eminent Domain
AlabamaX
Any person may need a State Land Lease to access state lands. Ala. Code § 9-2-3.
Any person may need an Occupancy and Use Permit Agreement to construct a utility facility within, over, or across a state highway right-of-way. Alabama – Alabama Department of Transportation Utility Manual
"Corporations formed for the purpose of constructing, operating, or maintaining...electric works," power companies, and public utilities "may exercise the power of eminent domain." Ala. Code § 10A-21-2.01.
AlaskaX
Any person may need a permit, right-of-way, or easement to for the construction of electric transmission lines on state land. AS 38.05.850.
Any person may need Public Facilities Encroachment Permit to construct, maintain or change an encroachment in or on a highway right-of-way. Alaska Stat. § 19.25.200(a).
“A public utility may exercise the power of eminent domain for public uses" but cannot take land. Alaska Stat. § 42.05.631. A public utility is defined as “every corporation whether public, cooperative, or otherwise, company, individual, or association of individuals…that owns, operates, manages or controls any plant, pipeline, or system for (A) furnishing, by generation, transmission, or distribution, electrical service to the public for compensation”. Alaska Stat. § 42.05.990.
ArizonaX
Any one may need a Right-of-Way in order to construct a transmission line of 69 kV or more on state land. Right-of-Way Instruction Sheet
Any person or entity may need an Encroachment Permit to encroach on a state highway right-of-way. AAC R17-3-502(A).
Any person may exercise the purpose of eminent domain for the purpose of “electric light and power transmission lines…” Ariz. Rev. Stat. § 12-1111(10).
ArkansasX
In Arkansas, approval for access to state land is incorporated through the Certificate of Public Convenience and Necessity and/or the Certificate of Environmental Compatibility and Public Need regulatory process. Ark. Code Ann. §23-3-201(a) (2017), Arkansas PSC Rules of Practice and Procedure, Rule 6.01. Ark. Code Ann. §23-18-503(6) (1973).
Arkansas Public Service Commission
A public utility may need a State Highway Right-of-Way Permit when a project encroaches “within the right-of-way of state highways.” Ark. Code Ann. §27-67-304(a), Ark. Code Ann. §27-67-304(a).
“An electric utility organized or domesticated under the laws of Arkansas for the purpose of…distributing or supplying electricity to or for the public for compensation or for public use…” may exercise the power of eminent domain. Ark. Code Ann. §18-15-503 (2013).
CaliforniaX
Any person may need a State Land Right-of-way Lease to construct, use, or possess any state lands under the jurisdiction of the California State Lands Commission. Cal. Pub. Res. Code § 6224.3.
Any person may need an Encroachment Permit for all activities related to the placement of encroachments within, under, or over state highway rights-of-way. Cal. Sts. & High. Code § 670(a)(2).
"[L]ocal public entities "may acquire property by eminent domain outside territorial limits for...electric supply purposes, unless there is an explicit statutory prohibition on doing so. Cal. Civ. Proc. Code § 1240.125.
ColoradoX
Utilities may need a State Land Right-of-Way to construct electric transmission lines across or on state lands. C.R.S. § 36-1-136.
Any person may need a State Highway Access Permit to “construct, relocate, close, or modify project access(es) to a state highway or when there are changes in use of such access point(s).” 2 CCR 601-1 §2.3(3)(a), State Highway Access Code. Alternatively, a utility may need a Utility-Special Use Permit in order to perform any utility accommodation work in a state highway right-of-way. A utility is defined as “any privately, publicly or cooperatively owned line, facility, or system for producing, transmitting, or distributing…electricity…”. 2 CCR 601-18 §2.2.1.1, State Utility Code.
Electric transmission companies are "vested with the power of eminent domain" and can obtain rights-of-way by condemnation for transmission lines in the case that developers are unable to secure rights of way through contract. Colo. Rev. Stat. §38-5-105.
ConnecticutX
Any person may need approval from the state agency with jurisdiction to access state lands. Any person may also need a Certificate of Environmental Compatibility and Public Need before beginning any construction on state land. C.G.S. §16-50k(a).
Connecticut Siting Council, state agency with jurisdiction
Any person or public utility may need an Encroachment Permit to use a state highway right-of-way. Conn. Agencies Regs. § 13b-17-3.
"A person engaged in the transmission of electric power...may acquire real property and exercise any right of eminent domain." This right of eminent domain is subject to the Connecticut Siting Council's review and issuance of a Certificate of Environmental Compatibility and Public Needs for any property needed for possible or future transmission facilities. C.G.S. §16-50z.
DelawareX
Any person may need a lease or other approval to access state land. DE. Code. Ann. §7-4506-10.
Any public utility may need a Utility Construction Permit to construct a facility in a state highway right-of-way. Del. Admin. Code tit. 2 § 2401 (4.4.1). Any person that is not a public utility may need a Use and Occupancy Agreement before applying for and being granted a Utility Construction Permit. Del. Admin. Code tit. 2 § 2401 (4.4.3).
Any "corporation using lines or wires for the transmitting of electrical current" may erect transmission lines and fixtures across "canals, canal lands, rivers or other waters...highways...[and the land] outside of highways." Del. Code. Ann. tit. 22 § 901(a). Whenever the corporation cannot agree with a landowner about purchase terms or damages, the corporation may proceed to condemn any "franchise, easement, canal, canal lands, rivers or other waters or highways." Del. Code. Ann. tit. 22 § 901(b).
FloridaX
A public utility may need a State Land Easement to access state lands. A “public utility” includes “every person, corporation, partnership, association, or other legal entity and their lessees, trustees, or receivers supplying electricity…to or for the public within this state.” 366.02 FL § 366.02(1).
Florida Board of Trustees Internal Improvement Trust Fund, the state agency with jurisdiction over the land, and the Florida Department of Environmental Protection’s Division of State Lands
Utilities may need a Utility Permit to construct, alter, operate, relocate, remove, or maintain a utility within the right-of-way of a public road or publicly owned rail corridor. A “utility” includes “all active, deactivated or out-of-service electric transmission lines…and pole lines…owned by the Utility.” Fla. Code. Ann. § 14-46.001, FDOT, Utility Accommodation Manual (2017) § 1.2.
A utility constructing a transmission line may exercise the power of eminent domain. Fla. Stat. § 74.011
GeorgiaX
Any person may need an easement to access state land. SPC — 11 Land Management: Conveyance of Surplus State Property, SPC-LM-04.
A public utility may need a Utility Encroachment Permit for any project that encroaches on, uses, or occupies any part of a state highway-right-of-way. Georgia Department of Transportation Utility Accommodation Policy and Standards, at 3-1 – 3-2. A public utility is defined as “any privately, publicly or cooperatively owned line, facility, or system for producing, transmitting or distributing…power, [or] electricity…” Georgia Department of Transportation Utility Accommodation Policy and Standards, at 1-17.
A utility in Georgia may exercise the power of eminent domain for the purpose of building electric transmission lines. A “utility” is defined as “a person, corporation or other entity that…transmits, supplies or sells electricity for public or private use…” Ga. Code Ann. §22-3-160.
HawaiiX
Public utilities may need a lease, right-of-way, or easement to access state lands. Hawaii – Haw. Rev. Stat. Ann. §§ 171-95 et seq., Disposition to Government Agencies and Public Utilities.
Any installation of a utility facility within a highway right-of-way may need a Use and Occupancy Permit. A utility facility is defined as “all privately, publicly or cooperatively owned lines…for producing, transmitting or distributing…power, electricity…” H.A.R. 19-105-5.
"[E]very person operating a public utility [has] the power of eminent domain." Haw. Rev. Stat. § 101-4.
IdahoX
Any person may need an Easement to access a state land right-of-way. IDAPA 20.03.08 -Easements on State-Owned Lands.
Any person may need a State Highway Encroachment Permit for any project that encroaches on or uses a state highway right-of-way. IDAPA 39.03.42.
The power of eminent domain can be used by “electric distribution and transmission lines for the delivery, furnishing, distribution, and transmission of electric current for power, lighting, heating or other purposes…” Idaho Code Ann. § 7-701 - 7-721.
IllinoisX
A public utility may need an Easement to access state lands. A public utility is defined as “every corporation, company, association, joint stock company or association, firm, partnership, individual, or other organization… that owns, controls, operates, or manages, within Illinois, directly or indirectly, for public use, any plant, equipment, or property used or to be used for or in connection with… the production, storage, transmission…of…electricity.” Illinois – State Property Control Act (30 I.L.C.S. §§ 605 et seq.).
Public utilities may need a Utility Permit to place or construct any pole or wire upon or along a state highway right-of-way. 606 I.C.S §9-113.
“When necessary for the construction of any alterations, additions, extensions or improvements… any public utility may enter upon, take or damage private property in the manner provided for by the law of eminent domain…” 22) I.L.C.S §5/8-509.
IndianaX
Utilities and other persons may need an easement in order to use state land. IDOA Easement Policy Statement, IDNR Easement Policy Statement.
Utilities may need a Highway Right-of-Way Permit to occupy a state highway right-of-way. A utility is defined as the owner of a facility. A facility is defined as “any privately, municipally, publicly or cooperatively owned systems for supplying…power, light, heat, electricity…directly or indirectly to the public.” INDOT Utility Accommodation Policy.
Public utilities may exercise eminent domain power to construct transmission lines on private property. A public utility is defined as “a public utility, municipally owned utility, cooperatively owned utility…” Indiana - Ind. Code §§ 32-24 et seq., Eminent Domain.
IowaX
Any person may need a State Land Right-of-Way Permit to place or build any structure or alter the characteristics of public land. I.A.C. § 571.13.
Utilities may need a Utility Accommodation Permit before placing utility facilities “…in, on, above or below the primary highway right-of-way, attaching utility facilities to a primary highway structure, or adjusting existing utility facilities occupying the right-of-way.” I.A.C. § 761.115.4.
The Iowa Utilities Board may grant eminent domain power to any person, company or corporation that has a Franchise Permit for transmission line projects. I.C. § 478.15.
KansasX
Public utilities may need a Right-of-Way Easement to construct any power line or other public utility installation on state land. 75 K.S.A. § 2131.
State agency with jurisdiction.
Utilities may need a Use of Highway Right-of-Way or a State Utility Permit to install, relocate, remove, or maintain a project along, over, or under any state highway right-of-way.
The Kansas Corporation Commission may grant any corporation that has obtained a Certificate of Convenience with the right to take private property by eminent domain. K.S.A. §§ 26-101, 26-501b(b).
KentuckyX
Any person may need State Land Lease or other property interest to utilize state land. KY. Rev. Stat. Ann. §56.463(6) (1956).
Any person may need a Highway Encroachment Permit to encroach on or over any part of a state highway right-of-way.
LouisianaX
Any individual or corporation may need a State Land Lease, State Land Right-of-Way, or a State Coastal Land Use Permit to access or use state lands. La. Stat. Ann §§ 41:1211, La. Stat. Ann § 41:1171, La. Stat. Ann. § 49:214.30(A).
Any person may need a State Highway Right-of-Way Utility Permit to use and occupy a state highway right-of-way for the purpose of building underground or overhead cables and pipes. La. Stat. Ann. § 48:381(A).
Corporations formed for the purpose of transmitting or distributing electricity may exercise the power of eminent domain. Louisiana – La. Stat. Ann. § 19:2, Expropriation by State or Certain Corporations, Limited Liability Companies, or Other Legal Entities (2017).
MaineX
Any person may need a State Land Easement and/or a Utility Line Permit to install utility services on state lands. Utility services are defined as “facilities necessary for the transmission of electricity…” Me. Rev. Stat. tit. 33, § 458(1)(A)-(B).
Maine Public Utilities Commission, State agency with jurisdiction
Utilities may need a State Highway Utility Location Permit to construct facilities upon and along state highways. A utility may also need a State Highway Opening Permit for “intentional displacement of earth, rock, or pavement surface within the limits of the Highway.” 17-229-210 Me. Code R. § (6)(1).
Generally, with the approval of the Maine Public Utilities Commission, a project developer may take and hold land by eminent domain to site transmission lines that are designed to carry voltages of 5 kV or more. Me. Rev. Stat. Ann. tit. 35-A, § 3136.
MarylandX
Any person may need a State Land Right-of-Way from the appropriate state agency with jurisdiction over the land, if the proposed project will be located in, on, or above state-owned real property.
State agency with jurisdiction
Any person may need a Utility Permit for construction activity on, under, over, or near a state highway right-of-way. MD. Code Regs. 11.04.05.06.A (2017).
A public electric company has the power of eminent domain when necessary to site new transmission facilities. The public electric company must acquire a Certificate of Public Convenience and Necessity before exercising the power of eminent domain. MD. Code Ann., Public Utilities §7-207(b)(3) (1998)
MassachusettsX
Any person may need a Permit for Construction and/or Associated Access to access state lands. 302 Code Mass. Regs 11.06.
Public utilities may need a Permit to Access a State Highway to construct wires or poles within a state highway right-of-way. Massachusetts – Mass. Gen. Laws ch.81, §7D.
Electric or transmission companies, as authorized by the Massachusetts department of Public Utilities may take by eminent domain such lands, or easements necessary for the construction and use of transmission lines. Massachusetts – Mass. Gen. Laws ch.164, §72. An electric company is defined as “corporation organized under the laws of the commonwealth for the purpose of making… selling, transmitting, distributing, transmitting and selling, or distributing and selling, electricity within the commonwealth…”. A transmission company is defined as “a company engaging in the transmission of electricity or owning, operating or controlling transmission facilities…” Massachusetts – Mass. Gen. Laws ch.164, §72, Massachusetts – Mass. Gen. Laws ch.164, §1.
MichiganX
Public utilities may need a State Land Easement for the purpose of “…constructing, erecting, laying, maintaining, and operating…electric lines…” on state lands. MCL § 324.2129.
Utilities may need a Right-of-Way Construction Permit before entering or constructing in a state highway right-of-way. MCL § 247.183.
Independent transmission companies, electric utilities and affiliated transmission companies may use the eminent domain procedures, where necessary and appropriate, to site new transmission facilities. In an eminent domain proceeding arising out of or related to a transmission line for which a Certificate of Public Convenience and Necessity (CPCN) is issued, the CPCN issued is conclusive and binding as to the public convenience and necessity for that transmission line and its compatibility with the public health and safety or any zoning or land use requirements in effect when the application was filed. MCL § 460.570(3).
MinnesotaX
Any person may need a State Land Lease or Land Easement to access state land or water. Utilities may need also need a Utility Crossing License before crossing over, under or across state lands or waters. Utilities are defined as “lines, cables, and conduits for…electric power…” Minn. Stat. § 84.415 and Minn. Admin. Rules § 6135.
Any person may need a Utility Accommodation Permit to construct electric transmission lines across or along any trunk highway. Minn. Stat. § 161
Utilities have eminent domain power, when necessary, to take private property for the construction of a route for a high-voltage transmission line with the capacity of 200 kilovolts or more. Minn. Stat. § 216E.12.
MississippiX
Any association or corporation may need a State Land Right-of-Way Easement or Lease from the state agency with jurisdiction to construct electric lines in, on, or above state owned real property.
State agency with jurisdiction
Utilities may need State Highway Right-of-Way Encroachment Permit to place utility lines upon state highway rights-of-ways and abutting properties. 37-04002 Miss. Code. R. §1100.
Only joint municipal electric power companies have the authority of eminent domain pursuant to Miss. Code. Ann. § 77-5-773, Eminent Domain (1978).
MissouriX
Public utilities may need a State Land Easement for any project that may crossover, upon or under any state land. Mo. Rev. Stat. § 37.005.9.
Any person may need a Right-of-Way Construction Permit for any work performed in a highway right-of-way and where the roadway, shoulders, or right of way will be affected by the work. § 643.3.3.
Public utilities and electric cooperatives generally do not have the power to condemn land "currently used by another provider of [a] public utility service" unless "the condemnation is necessary for the public purpose of acquiring a nonexclusive easement or right-of-way across the property of such provider and only if the acquisition will not materially impair or interfere" with current use or prevent future expansion of facilities. Mo. Rev. Stat. § 523.010.
MontanaX
Any person may need a State Land Right-of-way or Easement to access state lands. MT. Admin. Code. § 36.2.1001. A person may also need a Land Use License for short-term use of state lands before a full lease begins. MT. Admin. Code. §36.25.106.
Electric power corporations may need an Encroachment Permit to install any projects in a highway right-of-way. Montana – Mont. Code Ann. §§ 69-4-101 et seq., Use of public right-of-way for utility lines and facilities.
A public utility may exercise the power of eminent domain to provide service to the customers of its regulated service. A public utility is defined as “every corporation, both public and private, company, individual, association of individuals, and their lessees, trustees… that own, operate, or control any plant or equipment, any part of a plant or equipment… for the production, delivery, or furnishing for or to other persons, firms, associations, or corporations, private or municipal power in any form or by any agency.” Mont. Code Ann. § 69-3-113.
NebraskaX
Any political subdivision or their contractors may need a Utility Easement to access state land for utility or construction related purposes. 72 N.R.S. § 818.
State agency with jurisdiction over the land, Nebraska Vacant Building and Excess Land Committee
410 N.A.C §§ 001.02, 002.02, Department of Roads Permit Application Guidelines, at p.2., Any person may need an Occupy Right-of-Way Permit to encroach upon any portion of a State highway right-of-way with an underground or aboveground pipe, pole line, conduit, or guy wire. 39 N.R.S. §§ 1359(1), 1361
Privately owned public utility corporations may exercise the power of eminent domain. N.R.S. § 25-2501.
NevadaX
Any person may need a State Land Lease or State Land Right-of-Way before constructing a project over or on state lands. N.R.S. 322.050.
Any person may need an Occupancy Permit before encroaching on or using a state highway right-of-way for the laying of poles and/or wires. NRS 408.423(1).
Public utilities can exercise the power of eminent domain for the construction of electric power lines. Nev. Stat. Ann. § 37.010.
New HampshireX
Any person may need approval in order to purchase or lease state land. N.H. Rev. Stat. § 4:40
State agency with jurisdiction over the land, New Hampshire Council on Resources and Development
Any person may need an Excavation Permit, Encroachment Permit, Pole License and/or a Use and Occupancy Agreement to erect poles, structures, conduits, cables or wires in a state highway right-of-way or railway right-of-way. N.H. Rev. Stat. Ann. § 231:161, Utility Accommodation Manual, 66 - 75.
Public utilities only have the power of eminent domain when given permission by the New Hampshire Public Utilities Commission. N.H. Rev. Stat. Ann. § 371:1. “Public utilities” are defined as “corporations, companies, associations, joint stock associations, partnerships, or persons…owning, operating, or managing any plant or equipment…for generation, transmission, or sale of electricity ultimately sold to the public.” N.H. Rev. Stat. Ann. § 362:2.
New JerseyX
Any person may need a State Land Lease before using state land for construction projects. N.J. Stat. Ann. § 23:8A-1. N.J. Stat. Ann. § 13:1L-6.
Any person may need a one or more Highway Occupancy Permits before conducting activity “over, under, or within any portion of a state highway right-of-way.” N.J. Admin. Code 16:41-1.1.
Electric utilities may exercise the power of eminent domain, with approval from the New Jersey Board of Public Utilities, to acquire land reasonably necessary for a right-of-way for the transmission and distribution of electricity to the public. N.J. Stat. Ann. § 48:7-3.1.
New MexicoX
Any person may need a State Land Right-of-Way Easement before constructing a project over, upon or across state lands. N.M. Stat. Ann. section 19-7-57
Utilities may need a Public Highway Utility Accommodation Permit to install, accommodate and maintain physical utility facilities within public highway rights-of-way. Any person may need a Public Access Opening Permit to construct or modify any temporary or permanent access providing direct vehicular movement to or from any state highway. N.M. Admin. Code part 18.31.6.
Corporations for the generation, production, transmission, distribution, sale or utilization of electricity may exercise the power of eminent domain. N.M. Stat. Ann. § 62-1-4.
New YorkX
Any person may need a State Land Easement or Easements to use state lands that are not appropriated for immediate use. New York Public Lands Law §3. Any person may also need an easement for any projects that will be located on or over state underwater lands. 9 CRR-NY 271-1.1.
New York State Office of General Services, state agency with jurisdiction
Utilities may need a Utility Work Permit to construct, maintain or adjust a utility facility within or on a state highway right-of-way. 17 CCR-NY § 131.16(a), Highway Utility Work Permit. Any person may also need an Occupancy Permit or Work Permit or a Non-Utility Work Permit for projects that use the Thruway or require temporary or permanent access to a state highway. New York State Thruway Authority - Occupancy and Work Permit Accommodation Guidelines, 17 CCR-NY § 125.2(g), Permits.
Power authorities may exercise the power of eminent domain for the purpose of constructing and maintaining facilities within their respective service territories. N.Y. Public Authorities § 5.
North CarolinaX
Any person may need a State Land Right-of-Way to use state land for a purpose that serves the public interest. N.C. Gen. Stat. Ann. §146-11 (1959).
Utilities may need a Utility Encroachment Permit before crossing or occupying any state highway right-of-way. 19A N.C. Admin. Code 2b.0502(a) (1981).
Electric power companies may exercise the power of eminent domain for the construction of poles and towers. N.C. Gen. Stat. Ann. §62-183, Grant of Eminent Domain, (1963).
North DakotaX
Any person may need a Right-of-Way Permit to access state land. N.D.C.C. § 15-01.
Any person may need a Utility Occupancy Permit to construct, place or maintain electric transmission, pole lines, or other structures across or along any state highway. Person means “any person, firm, partnership, association, corporation, limited liability company, organization, or business trust”. North Dakota Century Code § 24-01.
The power of eminent domain can be exercised for the purpose of building electric transmission lines. N.D. Century Code § 32-15-02.
OhioX
Any person may need an easement or lease utilize state land. O.R.C. §§ 1501.01. A person may need a State Canal Lease to use state-owned canal land. Ohio – Ohio Rev. Code §§ 1520.01 et seq., Canal Lands. A person may also need a Submerged Lands Lease to erect, construct or redevelop a permanent structure on land within a Lake Erie coastal erosion area. O.R.C. §§ 1506.1 et seq., Coastal Management.
state agency with jurisdiction, Ohio Department of Natural Resources
Any person may need a Commercial Access Permit and/or a Utility Permit to use or occupy a portion of a state road or highway right-of-way. O.R.C. § 5515.01.
Electric, Water, Others, Any company transmitting or distributing electricity may exercise the power of eminent domain for the purpose of constructing transmission lines. Ohio—Ohio Rev. Code. §§ 4933 Companies—Gas, Electric, Water, O.R.C. §4933.15.
OklahomaX
Public utilities may need a State Land Easement to access state land. Ok. Admin. Code. §385:25-1-38.
Public utilities may need a Utility Permit for any project that uses a state highway right-of-way. A public utility is a company that has received authorization to operate as a utility in the State of Oklahoma. A public utility is defined as “…a person, corporation, association, limited liability company, or partnership, company or any other form of entity organized and existing or domesticated under the laws of this state, and whose users lie within the State of Oklahoma.” Ok. Stat. Ann. §69-1401. Ok. Stat. Ann. §69-1401.
"... any person, firm or corporation organized under the laws of this state, or authorized to do business in this state, to furnish light, heat or power by electricity…or any other person, association or firm engaged in furnishing light, heat or power by electricity…must have and exercise the right of eminent domain…." Ok. Stat. Ann. §27-7.
OregonX
Any person may need a State Land Easement to encroach on or access state land. OAR 141-122-0010.
Any person may need a State Highway Permit to Occupy or a Perform Operations Upon a State Highway Permit to install, maintain, and operate utility facilities upon a state highway right-of-way. O.A.R. 734-055 - Pole Lines, Buried Cables, Pipe lines, Signs, Misc. Facilities and Operations. Any person may also need a State Highway Approach Permit to construct a new approach or change the use of an existing state highway right-of-way approach. O.A.R. 734-051-1050(3)(b).
Public utilities may enter upon lands and condemn lands not exceeding 100 feet in width for transmission lines. Oregon – Or. Rev. Stat. §§ 772.210 et seq., Condemnation of Property by Private Corporations Generally. Any person may also have to acquire a Certificate of Public Convenience and Necessity before exercising the power. ORS 758.015.
PennsylvaniaX
Any person may need a State Land Right-of-Way from the appropriate state agency with jurisdiction to access state lands. In addition, public utility companies may need a State Land Right-of-Way from the Pennsylvania Department of Conservation and Natural Resources to construct transmission lines over, along and upon highways and roads that lie within or border state forests and state parklands. 71 Pa. Cons. Stat. §§ 1340.302(a)(1) (1995), 71 Pa. Cons. Stat. §§ 1340.303(a)(2) (1995) .
Any person may need a State Highway Occupancy Permit before placing utility facilities or other structures within a state highway right-of-way or opening the surface. 67 PA. Code. §459.3(a)(1980). A utility facility, in part, includes “any privately, publicly or cooperatively owned lines, facilities and systems for producing, transmitting or distributing communications, power, electricity…which directly or indirectly serve the public…” 67 PA. Code. §459.1 (1980).
Public utilities may exercise the power of eminent domain for private enterprise. 26 PA. Code. §204 (2006). Furthermore, a public utility exercising the power of eminent domain to build an aerial electric transmission line must obtain approval from the Pennsylvania Public Utility Commission. PA Code. Ann. §1511.
Rhode IslandX
Any person may need approval from the state agency with jurisdiction over the land in question, such as the Coastal Resources Management Council prior to construction if the project crosses coastal land. If the person would otherwise need any additional permits, licenses, or variances from other agencies, those agencies must submit advisory opinions to the EFSA § 42-98-9(b), EFSA § 42-98-11(b).
Any person may need a Utility Permit to install a utility facility in a freeway right-of-way. R.I. Admin. Code §61-1-9:3.0 A utility facility is defined as “any privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing…power, electricity…which directly or indirectly serves the public…” R.I. Admin. Code §61-1-9:1.0. Any person, firm, corporation, utility company or agency may also need a Physical Alteration Permit to make any alteration to the state highway system. R.I. Admin. Code §61-1-15:4.0. If the person would otherwise need any additional permits, licenses, or variances from other agencies, those agencies must submit advisory opinions to the EFSA § 42-98-9(b), EFSA § 42-98-11(b).
Public utilities may take land by eminent domain for public utility purposes. tit. 42 R.I. Gen Laws § 64-12. Prior to exercising eminent domain, the public utility must request permission from the Rhode Island Public Utilities Commission. tit. 39 R.I. Gen Laws § 1-31.
South CarolinaX
Any person may need a State Land Easement to construct powerlines over, on, or under vacant state lands or marshlands. S.C. Code Ann. § 1-11-80.
Public utilities may need an Encroachment Permit and/or a Utility Agreement to install a utility or perform any work on a state highway right-of-way. SCDOT Utility Accommodation Manual (2011) § 1.1.2. A public utility is defined as “any organization, corporation, municipality, county, authority or other association providing any type of utility service to the general public for compensation and that is subject to South Carolina state law.” SCDOT Utility Accommodation Manual (2011) § 1.3.
All state authorities established by the State of South Carolina for the purpose of transmitting or distributing electric power may exercise the power of eminent domain. S.C. Code Ann. § 28-3-20.
South DakotaX
Any person may need a State Land Right-of-Way Certificate to construct, operate, or maintain electric facilities, including electric transmission line, on school and public lands. S.D. Stat. Ann. §49-7-22. A utility may also need a Utility Crossing License before constructing electric transmission lines over railroad rights-of-way. S.D. Stat. Ann. §49-16A-100.
Private and public utilities may need a Utility Permit to install, relocate, or expand a utility facility on a non-interstate highway right-of-way. S.D. Stat. Ann. §70:04:05:14. Typically, utility facilities are not permitted on interstate highway rights-of-way. S.D. Stat. Ann. §70:04:05.01:01.
Utilities that have obtained a permit from the South Dakota Public Utilities Commission may exercise the power of eminent domain for the construction of transmission lines. S.D. Stat. Ann. §21-35-1.1. A utility is defined as “any person engaged in and controlling the generation or transmission of electric energy and gas or liquid transmission facilities” S.D. Stat. Ann. §49-41B-2.
TennesseeX
Any person may need a State Land Right-of-Way or Land Lease for projects located in, on, or above state-owned real property.
State agency with jurisdiction
Any person may need a Utility Use and Occupancy Agreement to install, relocate, or expand a utility facility on a state highway right-of-way. Tenn. Comp. R. & Regs. 1680-6-1-.04.
Public utilities may take land by eminent domain for public utility purposes. Tenn. Code Ann. § 65-22-101 (1925).
TexasX
Any person may need a State Land Easement or other interest in property for rights-of-way or access across, through and under unsold public school land, the portion of the Gulf of Mexico within the jurisdiction of the state, the state-owned riverbeds and beds of navigable streams in the public domain, and all islands, saltwater lakes, inlets, marshes, and reefs owned by the state within tidewater limits for the purpose of constructing electric transmission lines, power lines, roads, and any other purpose considered in the best interest of the state. TX. Nat. Res. Code §51.291(a).
Public utilities may need a Public Highway Utility Accommodation Permit to operate, construct, and maintain transmission lines before constructing a utility facility over, under, across, on, or along a state highway right-of-way. TX. Admin. Code §43.21.36. Any person who is not a public utility may need a Highway Right-of-Way Lease to place utility lines along any highway asset that is not needed for the term of the lease. Any person may also need a Permit to Construct Access Connections to State Highways to construct access connections to state highways. TX. Admin. Code. §43.11.50.
Electric corporations and cooperatives may exercise the power of eminent domain, though electric cooperatives may not exercise this power over land owned by the state or political subdivisions. TX. Utili. Code. Ann. §161.125, TX. Utili. Code. §181.004.
UtahX
Any person may need a State Land Easement to construct any project on, through and over any state land. UT. Code. Ann. §65A-7-8.
Utilities may need a State Highway Encroachment Permit and/or a Grant of Access Permit to install or maintain any utility facility within a state highway right-of-way or whenever a new driveway, other curb cut, or local street connection is required to the state highway. UAC R930-6.8(2)(a)-(b), UT. Admin. Code. §R930-7. A utility or utility facility is defined as “privately, publicly, cooperatively, or municipally owned…facilities or systems for…distributing…electricity…” UT. Admin. Code. §R930-7.
The power of eminent domain can be used for the building of electric power lines. UT. Code. Ann. §78b-6-501.
VermontX
Utilities may need a Utility Right-of-Way to authorize the use of a corridor across state lands for utility lines which include electric transmission lines. Vermont Agency of Natural Resources Policy: Use of State Lands.
Any person may need a State Highway Access and Work Permit to dig or excavate a trench for to install wires, including electrical wires, in a public highway right-of-way. VT. Stat. Ann. § 19.1111(a)(1), (c)(1).
A company may exercise the power of eminent domain for construction of electric transmission facilities if the Vermont Public Utility Commission grants the company a certificate allowing the use of eminent domain. VT. Stat. Ann. § 248).
VirginiaX
Public utility companies or public service corporations may need a State Land Right-of-Way Easement over state property for the construction of any wires, conduits, and supports for the transmission of electricity. Va. Code Ann. § 2.2-1151.
State agency with jurisdiction
Utilities may need a Districtwide Permit, a Single Use Utility Installations Permit and/or a Permit Agreement to perform “work of any nature” on real property owned, controlled, or under the jurisdiction of the Virginia Department of Transportation. tit. 24 Va. Admin. Code 30-151-20 – 30-151-30. A utility is defined as “privately, publicly or cooperatively owned line, facility, or system for producing, transmitting, or distributing…electricity…” tit. 24 Va. Admin. Code 30-151-10
A public utility may only take land for construction of utility facilities by eminent domain when the public utility and the landowner cannot agree to the terms of a land contract. Va. Code Ann. § 56-260.
WashingtonX
Any corporation, company, association, or individual may need a State Land Easement to construct any transmission project through, over and across any state lands or state forestlands. R.C.W. § 79.36.510. Any person may also need a State Land Lease to access state land. R.C.W. § 79.13.010(1).
Washington State Department of Natural Resources, State agency with jurisdiction
Utilities may need Utility Permit or Franchise to construct a utility facility in a highway right-of-way. Wash. Admin. Code. §486-34-160. A utility is “a term denoting electric power…and similar lines.” Wash. Admin. Code. §486-34-110.
Electric power corporations may exercise the right of eminent domain in acquiring "real estate and other property for right-of-way or for any corporate purpose." Wash. Rev. Code Ann. § 80.32.060.
West VirginiaX
Any person may need State Land Right-of-Way or Easement from the state agency with jurisdiction to access state land. W. VA. Code §5A-11-3(a)(9) (2007)
state agency with jurisdiction, West Virginia Public Land Corporation
Any person may need a State Highway Right-of-Way to place a structure in any state highway right-of-way or to dig up a state highway right-of-way for the placement of poles or wires. W. VA. Code §17-16-6 (1949).
A corporation organized under the laws of the state may exercise the power of eminent domain for the construction of electric transmission lines—if the transmission lines will be for public use. W.VA. Code. Ann. §54-1-1, . W.VA. Code. Ann. §54-1-2.
WisconsinX
Any person may need a State Land Right-of-Way or Easement from the agency with jurisdiction to access state lands or for public utility service through, over, under, or along state land. Wis. Stat. Ann. § 24.40(1).
Utilities may need a Utility Permit to use or occupy a state trunk highway right-of-way to construct an electric transmission line. WisDOT – Highway Maintenance Manual, at 09-15-15.
Transmission corporations or any electric cooperatives can exercise the power of eminent domain for the construction and location of transmission lines. However, if the proposed transmission project would require a Certificate of Public Convenience and Necessity from the Wisconsin Public Service Commission then the corporation or cooperative cannot exercise the power of eminent domain until after receiving the certificate. 32 Wis. Stat. § 32.02(5)(b), 32 Wis. Stat. § 32.03(5)(a).
WyomingX
Any person may need a Non-Roadway Easement to construct overhead wires on state land. Board of Land Commissioners Rules and Regs. §3.3. Any person also need a State Land Right-of-Way from the state agency with jurisdiction to cross over state land.
agency with jurisdiction, Wyoming Board of Land Commissioners
Utilities may need a Utility Construction Authorization to construct utility facilities within or across a state highway right-of-way. A utility is defined as “all private and public entities, associations, boards, districts or companies conveying…electricity…” WYDOT Utility Accommodation Regulation Manual. Utilities may also need an Access Permit if the project requires direct access to a state highway. WYDOT Rules and Regs. §§13.7.
Any person, association, company or corporation may exercise the power of eminent domain to acquire a way of necessity to construct and maintain transmission lines. Wyo. Stat. Ann. § 1-26-815. If required a Certificate of Public Necessity and Convenience first for certain projects. Wyo. Stat. Ann. § 1-26-816.

Bulk Transmission Transmission Comparison

Requirements for transmission and interconnection depend largely on the chosen location of the transmission lines. The developer may be required to acquire a federal right-of-way, obtain approval from state or local governments, or go through a state encroachment process.

If the developer will need to connect transmission lines to the grid, then they must obtain an interconnection agreement. The Federal Energy Regulatory Commission (FERC) requires all public utilities that own, control, or operate facilities used for transmitting electric energy in interstate commerce to have on file standard procedures and a standard agreement for interconnecting generators. If the project will interconnect with the Electric Reliability Council of Texas (ERCOT), then the transmission process is particularly unique and specific rules and procedures will apply.

The Federal Power Act (FPA) directs the Department of Energy to deal with transmission congestion problems through designating geographic areas of special significance where consumers have been negatively affected called National Interest Electric Transmission Corridors. The designation could provide FERC with limited siting authority pursuant to the FPA under certain circumstances.

The developer will be required to obtain a federal right-of-way if transmission lines will go through federal lands. If the project will be located on state lands, then the developer will need to get the approval of any relevant state or local authority. This generally requires the developer to obtain an encroachment permit. Any access needed through private lands will require negotiation for right-of-way access or eminent domain proceedings.
More Information

Topic to Compare

Transmission Siting
Transmission Siting Agency
Transmission Siting Threshold
Transmission Siting Act
Preemptive Authority
Regulated Entity Definition
Public Utility Certificate Threshold
Processing Timeframe
AlabamaX
Alabama does not have a state comprehensive siting process for transmission project development.
The Alabama Public Service Commission has primary authority over electric utilities siting transmission lines.
An "electric utility" includes "every person owning, operating, or controlling any plan, property, or facility for the generation, transmission, or distribution, sale or furnishing to or for the public of electricity." Ala. Code. § 37-4-1.
Electric utilities may need a Certificate of Convenience and Necessity from the Alabama Public Service Commission to construct any "plant...or facility for the production, transmission, delivery, or furnishing of electricity." Ala. Code. § 37-4-28.
AlaskaX
Alaska does not have a state comprehensive siting process for transmission project development.
The Regulatory Commission of Alaska has primary authority over public utilities siting transmission lines.
A public utility is defined as “every corporation whether public, cooperative, or otherwise, company, individual, or association of individuals…that owns, operates, manages or controls any plant, pipeline, or system for (A) furnishing, by generation, transmission, or distribution, electrical service to the public for compensation”. Alaska Stat. § 42.05.990.
Public utilities may need a Certificate of Public Convenience and Necessity to “…operate and receive compensation for providing a commodity or service…” Alaska Stat. § 42.05.221
There is no statutorily mandated timeframe for approval.
ArizonaX
Utilities may need a Certificate of Environmental Compatibility.
To construct transmission lines with a voltage of 115kV or greater. ARS 40-360(10) and 40-360.03.
The Arizona Corporation Commission and Arizona Transmission Line Siting Committee have preemptive authority over all transmission siting and construction.
A “utility” is defined, in part, as “any person engaged in the…transmission of electric energy.” ARS 40-360(11). A “public service corporation” is defined, in part, as “all corporations other than municipal engaged in furnishing…electricity for light, fuel or power…” Arizona Const. Art. 15, Sec.2.
Public service corporations, and utilities may need a Certificate of Convenience and Necessity from Arizona Corporation Commission prior to constructing a transmission project. ARS 40-281.
Certificate of Environmental Compatibility: 240 days
ArkansasX
Arkansas does not have a state comprehensive siting process for transmission project development.
The Arkansas Public Service Commission has primary authority over siting transmission lines by public utilities.
“Public utility” for the purpose of a Certificate of Public Convenience and Necessity includes persons and corporations, or their lessees, trustees, and receivers, owning or operating in this state equipment or facilities for…transmitting…electricity…for the public for compensation” Ark. Code Ann. §23-1-1(12) (2017). For the purpose of a Certificate of Environmental Compatibility and Public Need a major utility facility is defined, in part, as an electric generation plant and associated transportation facilities capable of operating at a capacity of fifty megawatts (50 MW) or more. Ark. Code Ann. §23-18-503(6) (1973).
A public utility may need a Certificate of Public Convenience and Necessity to construct or operate any new equipment or a facility supplying a public service. Ark. Code Ann. §23-3-201(a) (2017), Arkansas PSC Rules of Practice and Procedure, Rule 6.01. Furthermore, any person may need a Certificate of Environmental Compatibility and Public Need before constructing a major utility facility.
There is no statutorily mandated timeframe for approval.
CaliforniaX
California does not have a state comprehensive siting process for transmission project development.
The California Public Utilities Commission has primary authority over public utilities
A "public utility" is defined as "... a electric corporation...where service is performed for, or the commodity is delivered to, the public or any portion thereof..." Cal. Pub. Util. Code § 216(a).
Transmission line facilities of 200kV and higher are required to obtain a Certificate of Public Convenience and Necessity from the California Public Utilities Commission.
There is no statutorily mandated timeframe for approval.
ColoradoX
Colorado does not have a state comprehensive siting process for transmission project development.
The Colorado Public Utilities Commission regulates all public utilities in Colorado.
“Public utility” is defined, in part, as “…every…electrical corporation…person or municipality operating for the purpose of supplying the public for domestic, mechanical or public uses, and every corporation or person declared by law to be affected with a public interest…” CRS 40-1-103(1)(a)(I). The law defines “person” as “any individual, firm, partnership, corporation, company, association, joint stock association, and other legal entity.” CR.S 40-1-102(10).
Public utilities and certain cooperative electrical associations may need a Certificate of Public Convenience and Necessity from the Colorado Public Utilities Commission for new construction and extension of transmission facilities that are 120 kV or more. 4 CCR 723-3-3206.
60 days
ConnecticutX
Any person may need a Certificate of Environmental Compatibility and Public Need.
To construct a transmission facility of 69 kV or more. C.G.S. §16-50k(a).
Connecticut does not require other approval from the public utility commission for transmission projects.
There is no statutorily mandated timeframe for approval.
DelawareX
In Delaware, transmission siting authority is primarily delegated to local governments.
Delaware does not require other approvals from the public utility commission for transmission projects.
There is no statutorily defined timeframe.
FloridaX
Electric utilities may need a Transmission Siting Certification.
To construct an electric transmission line of 230 kV or greater
The Florida Department of Environmental Protection’s Siting Coordination Office has preemptive authority to regulate the building, operating and maintenance of power plants and transmission lines. Fla. Stat. § 403.52
An “electric utility” means any municipal electric utility, investor-owned electric utility, or rural electric cooperative which owns, maintains, or operates an electric generation, transmission, or distribution system within the state. Fla. Stat. § 366.02(2)
Florida does not require other approval from the public utility commission for transmission projects.
GeorgiaX
Georgia does not have state specific transmission siting process. Public utilities may exercise the power of eminent domain in order to construct transmission lines. Ga. Code Ann. §22-3-160.1.
A line that is at least 115 kV or more with a length of at least one mile.
There is no statutorily defined processing timeframe.
HawaiiX
Hawaii does not have a state comprehensive siting process for transmission project development.
The Hawaii Public Utilities Commission has primary authority over public utilities siting transmission lines. Hawaii – Haw. Rev. Stat. §§ 269 et seq., Public Utilities Commission
A "public utility" includes "every person who may own, control, or manage...facilities for the production, conveyance, transmission, delivery, or funishing, of...power." H.R.S. § 269-1.
Public utilities may need a Certificate of Public Convenience and Necessity from the Hawaii Public Utilities Commission to construct high voltage transmission lines with a capacity of 120 kV or more. H.R.S. § 269-131.
There is no statutorily defined time frame for approval.
IdahoX
Idaho does not have a state comprehensive siting process for transmission project development.
The Idaho Public Utilities Commission has primary authority over electrical corporations siting transmission lines. I.C. 61-526.
An "electrical corporation" includes every corporation or person...owning, controlling, operating or managing any electric plant for compensation within [the] state." Idaho Code Ann. § 61-1-119.
Electrical corporations may need a Certificate of Public Convenience and Necessity from the Idaho Public Utilities Commission to construct an electric plant, line, or system. I.C. 61-526.
There is no statutorily defined timeframe.
IllinoisX
Illinois does not have a state comprehensive siting process for transmission project development.
A “public utility” includes “…every corporation, limited liability company, association, … partnership, or individual…that owns, controls, operates or manages... for public use, any plant, equipment or property used or to be used for or in connection with…the production, storage, transmission, sale, delivery or furnishing of...electricity.” 220 I.L.C.S § 5/3-105(a)-(a)(1).
Public utilities may need a Certificate of Public Convenience and Necessity from the Illinois Commerce Commission to construct any new plant, equipment, property, or facility. 220 I.L.C.S § 5/8-406.
There is no statutorily defined timeframe for approval, except for projects that go through the expedited review process. The expedited review process must be complete within 150 days after the application is filed. 220 I.L.C.S § 5/8-406.1(g).
IndianaX
Indiana does not have a state comprehensive siting process for transmission project development.
The Indiana Utility Regulatory Commission and local governments have authority over public utilities siting transmission lines. Indiana Code § 8-1-38.
A "new electric transmission owner" is a corporation, or other organization that on the date of its incorporation or organization did not own operate or maintain an electric transmission facility located in whole or in part in Indiana, but is presently organized to construct, own, operate and maintain" a high voltage transmission line of 100 kV or more and related transmission facilities. Indiana Code § 8-1-38-4
New electric transmission owners may need authority to operate as a public utility from the Indiana Regulatory Commission and approval from the appropriate local authorities to construct transmission lines of 100kV or more. Indiana Code § 8-1-38.
There is no statutorily mandated timeframe for approval.
IowaX
Iowa does not have a state comprehensive siting process for transmission project development.
69 kV or greater I.C. § 478.1(3).
Iowa Utilities Board has safety and siting authority over transmission lines.
Any person may need an Electric Transmission Line Franchise from the Iowa Utilities Board "to construct, erect, maintain, or operate a transmission line, wire, or cable of 69 kV or more.." Iowa – Iowa Code §§ 478 et seq., Electric Transmission Lines.
There is no statutorily defined timeframe for approval.
KansasX
Kansas does not have a state comprehensive siting process for transmission project development.
Electric transmission line projects that are 230 kV or greater and at least 5 miles in length.
Kansas Corporation Commission has the authority to regulate electric transmission lines.
An "electric utility" means every public utility which owns, controls, operates, or manages any equipment, plant, or generating machinery for the production, transmission, delivery, or furnishing of electricity or electric power. K.S.A. §§ 66-1177(a). A public utility includes "...all companies for the production, transmission, delivery or furnishing of heat, light, water or power." K.S.A. §§ 66-104(a).
Electric utilities may need a Transmission Siting Permit from the Kansas Corporation Commission to “…prepare, or construct a electric transmission line, or exercise of the right of eminent domain…” for electric transmission line projects that are 230 kV or greater and at least 5 miles in length. K.S.A. §§ 66-1178.
Kansas Corporation Commission issues a final order regarding a Transmission Siting Permit within 120 days of the application filing date. K.S.A. §§ 66-1180.
KentuckyX
Any person may need a Certificate to Construct a Merchant Transmission Line to construct a non-regulated electric transmission line.
A non-regulated electric transmission line is an electric transmission line of 69 kV or more and related appurtenances for which no Certificate of Public Convenience and Necessity is required, which is not operated as an activity regulated by the Kentucky Public Service Commission.
Kentucky Public Service Commission has the authority to regulate public utilities in the state.
A public utility is defined, in part, as any “person who owns, controls, operates, or manages a facility used or to be used for in the connection with the generation, production, transmission or distribution of electricity to or for the public, for compensation, for lights, heat, power…” KY. Rev. Stat. Ann. §278.010(3) (2011).
Public utilities may need a Certificate of Public Convenience and Necessity from the Kentucky Public Service Commission construct a transmission line greater than 138 kV or longer than 5,280 feet. 807 KY. Admin. Regs. 5:120 (2005), KY. Rev. Stat. Ann. §278.020(2) (2016).
90 days
LouisianaX
Louisiana does not have a state comprehensive siting process for transmission project development.
The Louisiana Public Service Commission has primary authority over electric utilities siting transmission lines.
A transmission facility is defined as “a system of structures, wires, insulators and associated hardware…that carry electric energy over distances located in whole or in part in the State of Louisiana…that would be constructed and operate at or above a nominal 100 kV, exceeds one mile in length, and the estimated cost exceeds $20 million…” Louisiana Public Service Commission General Order (2013), No. R-26018, at 9.
Any “person or entity”, subject to the jurisdiction or regulatory authority of the Louisiana Public Service Commission (LPSC), may need a Certificate of Public Convenience and Necessity Certificate from the LPSC to construct any “transmission facility” located within the state. Louisiana Public Service Commission General Order (2013), No. R-26018, at 9.
There is no statutorily mandated timeframe for approval.
MaineX
Any person may need a Site Location of Development Permit.
A Certificate of Public Convenience and Necessity is required for transmission lines with a capacity of sixty-nine (69) kV or more. Me. Rev. Stat. Ann. tit. 35-A, § 3132-A.
The Maine Public Utilities Commission has regulatory authority over transmission and distribution utilities lines.
A transmission and distribution utility is defined as “…a person, its lessees, trustees or receivers or trustees appointed by a court, owning, controlling, operating or managing a transmission and distribution plant for compensation within the State…” Me. Rev. Stat. Ann. tit. 35-A, § 2502(1)(A).
A person may need a Certificate of Public Convenience and Necessity from the Maine Public Utilities Commission to construct transmission lines of 69 kV or more. Me. Rev. Stat. Ann. tit. 35-A, § 3132-A.
There is no statutorily defined timeframe for approval.
MarylandX
Maryland does not have a state comprehensive siting process for transmission project development.
The Maryland Public Service Commission has regulatory authority over a generating station and transmission lines. MD. Code Ann., Public Utilities §7-207 (1998).
A person is defined as including "an individual, corporation, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity." MD. Code Ann., Public Utilities §7-201 (1998).
A person may need a Certificate of Public Convenience and Necessity from the Maryland Public Service Commission to construct a transmission line over 69 kV. MD. Code Ann., Public Utilities §7-207 (1998).
1 year
MassachusettsX
Electric companies may need approval to construct a new transmission line. M.G.L. 164 § 69L. In addition, an electric company may petition for a Certificate of Environmental Impact and Public Interest if a state or local agency has denied the electric company approval to construct or operate a facility, or the company cannot build a facility because it cannot meet standards imposed by a state or local agency or because the processing of the application by a state or local agency has been unduly delayed. A Certificate of Environmental Impact and Public Interest overrides the state or local agency decision. M.G.L. 164 § 69K.
A new electric transmission line of 69 kV or more and one mile or more in length on a new transmission corridor, or a new electric transmission line 115 kV or more which is 10 miles or more in length on an existing transmission corridor, or an ancillary structure which is an integral part of the operation of any transmission line. M.G.L. 164 § 69G.
The Massachusetts Energy Facilities Siting Board is the primary regulatory authority overseeing the siting and construction of transmission lines. M.G.L. 164 § 69G.
An electric company is defined as “corporation organized under the laws of the commonwealth for the purpose of making… selling, transmitting, distributing, transmitting and selling, or distributing and selling, electricity within the commonwealth…”. Massachusetts – Mass. Gen. Laws ch.164, §1. A facility is defined as “...a new electric transmission line…” M.G.L. 164 § 69G.
There is no statutorily defined timeframe for approval.
MichiganX
Michigan does not have a state comprehensive siting process for transmission project development.
The Michigan Public Service Commission has preemptive authority over the construction of transmission lines. MCL § 460.570(1).
An "affiliated transmission company" means a person, partnership, corporation, association, or other legal entity…which has fully satisfied the requirements to join a regional transmission organization as determined by the Federal Energy Regulatory Commission, is engaged in Michigan in the transmission of electricity using facilities it owns that were transferred to the entity by an electric utility that was engaged in the generation, transmission, and distribution of electricity in this state on December 31, 2000, and is not independent of an electric utility or an affiliate of the utility, generating or distributing electricity to retail customers in this state. MCL § 460.562(a). A “electric utility” means a person, partnership, corporation, association, or other legal entity whose transmission or distribution of electricity the Michigan Public Service Commission regulates. An "electric utility" does not include a municipal utility, affiliated transmission company, or independent transmission company. MCL § 460.562(e). A “independent transmission company” means a person, partnership, corporation, association, or other legal entity, or its successors or assigns, engaged in this state in the transmission of electricity using facilities it owns that have been divested to the entity by an electric utility that was engaged in the generation, transmission, and distribution of electricity in this state on December 31, 2000, and is independent of an electric utility or an affiliate of the utility, generating or distributing electricity to retail customers in this state. MCL § 460.562(f).

An “electric utility” means a person, partnership, corporation, association, or other legal entity whose transmission or distribution of electricity the MPSC regulates. MCL § 460.562(e).

An “independent transmission company” means a person, partnership, corporation, association, or other legal entity, or its successors or assigns, engaged in this state in the transmission of electricity using facilities it owns that have been divested to the entity by an electric utility that was engaged in the generation, transmission, and distribution of electricity in this state on December 31, 2000, and is independent of an electric utility or an affiliate of the utility, generating or distributing electricity to retail customers in this state. MCL § 460.562(f).
An electric utility, affiliated transmission company, or independent transmission company may need a Certificate of Public Convenience and Necessity from the Michigan Public Service Commission to construct a major transmission line. A “major transmission line” is a transmission line of 5 miles or more in length that is wholly or partially owned by an electric utility, affiliated transmission company, or independent transmission company and through which electricity is transferred at system bulk supply voltage of 345 kV or more. MCL §§ 460.562, 460.565.
There is no statutorily defined timeframe for approval.
MinnesotaX
Any person may need a Route Permit to construct a high-voltage transmission line. Minn. Stat. §216E.03(2).
100 kV or more and greater than 1,500 feet in length
The Minnesota Public Utility Commission has authority over the construction of all transmission line construction. Minn. Stat. § 216E.10(1).
A "large energy facility" for Certificate of Need purposes includes "…any high-voltage transmission line with a capacity of 200 kV or more and greater than ten (10) miles of its length in Minnesota or that crosses a state line…" or "…any high-voltage transmission line with a capacity of 200 kV or more and greater than 1,500 feet in length…." Minn. Stat. § 216B.2421(2)(2)-(3).
Any person may need a Certificate of Need from the Minnesota Public Utilities Commission to site or construct a large energy facility. Minn. Stat. § 216B.243(2).
12 months
MississippiX
Mississippi does not have a comprehensive siting process. However, electrical corporations may need to obtain a Certificate of Convenience and Necessity from the Mississippi Public Service Commission.
Mississippi does not have a comprehensive siting process.
The Mississippi Public Service Commission has primary jurisdiction over transmission siting determinations.
A public utility is defined as “persons and corporations…owning or operating…equipment or facilities for: the generation, manufacture, transmission or distribution of electricity to or for the public for consumption.” Miss. Code Ann. § 77-3-3(d)(i).
Public Utilities may need a Certificate of Public Convenience and Necessity from the Mississippi Public Service Commission to “construct, acquire, extend, or operate equipment” manufacturing, generating, transmitting, or distributing electricity for public sale. Miss. Code Ann. § 77-3-14(1).
There is no statutorily defined timeframe for approval.
MissouriX
Missouri does not have a state comprehensive siting process for transmission project development
Missouri does not have a comprehensive siting process.
Missouri does not have state specific siting act.
The Missouri Public Service Commission has preemptive authority over bulk transmission lines.
An “electric corporation” includes an owner or operator of an electric plant, unless the electric plant exists only for its own use and not for the sale of electricity to others for the purpose of furnishing or transmitting electricity for light, heat, or power. Mo. Rev. Stat. § 393.140.1, Mo. Rev. Stat. § 386.020.
Electric corporations may need a Certificate of Convenience and Necessity from the Missouri Public Service Commission to construct an electric plant. Mo. Rev. Stat. § 393.170.1.
There is no statutorily defined timeframe for approval.
MontanaX
Regulated transmission facilities may need a Certificate of Compliance. MCA 75-20-104(8).
To construct a facility, which includes electric transmission lines and associated facilities of 69 kV or more.
The Montana Department of Environmental Quality (MDEQ) has the authority to approve or deny the required Certificate of Compliance and can refuse to apply any local law or regulation if MDEQ determines that, when applied to the proposed facility, the law or regulation is unreasonably restrictive in view of the existing technology, of factors of cost and economics, or of the needs of consumers.
9 months, as little as 90 days for expedited review. Mont. Code Ann. §75-20-216, Mont. Code Ann. §75-20-231.
NebraskaX
Nebraska Public Service Commission approval is necessary for transmission and distribution lines (and increases in voltage of existing lines) that meet certain specifications. 75 N.R.S. § 710, 291 N.A.C. § 002.01. Any electric generating facility, or tranmission line, or related facilities constructed or acquired by any electric supplier may need to obtain approval from the Nebraska Power Review Board.
Any electric generating facility, or transmission line, or related facilities constructed or acquired by any electric supplier “carrying more than seven (700) volts” must first receive Nebraska Power Review Board approval. 70 N.R.S. § 1012(1), 285 N.A.C. § 2-002.
Nebraska does not have a state siting act.
Nebraska Public Service Commission for certain lines outside any incorporated city or village. 75 N.R.S. §§ 709-710.
An electric supplier is “any legal entity supplying, producing, or distributing electricity within the state for sale at wholesale or retail.” 70 N.R.S. § 1001.01(2). An electric supplier also includes private electric suppliers “producing electricity from a privately developed renewable energy generation . . . .” 70 N.R.S. § 1001.01(3).
Nebraska Public Service Commission (“NPSC”) approval is necessary for transmission and distribution lines (and increases in voltage of existing lines) that “exceed 1,500 volts that will be located within a quarter mile of any existing electrical or communication line, or railroad signal lines or are in excess of 700 volts that will be located within 500 feet of any existing electrical, or communication line, or railroad signal lines.” 75 N.R.S. § 710, 291 N.A.C. § 002.01. NPSC approval is not required for transmission lines that meet the above criteria, but are “within the limits of any incorporated city or village.” 75 N.R.S. §§ 709-710.
Nebraska Power Review Board must make a decision to approve or deny the NPRB – Transmission Application within 60 days after the conclusion of the hearing. 70 N.R.S. § 1013(1).
NevadaX
Nevada does not have a comprehensive state transmission siting process for transmission project development.
The Public Utilities Commission of Nevada has exclusive jurisdiction to determine whether a need exists for a utility facility. N.R.S.§ 704.873.
The term “public utility” includes “[a]ny plant or equipment, or any part of a plant or equipment, within Nevada for the production, delivery or furnishing for or to other persons, including private or municipal corporations, heat, gas…light, power in any form or by any agency…whether or not within the limits of municipalities.” NRS 704.020(2)(a).
Any person may need a Certificate of Public Convenience Necessity from the Public Utilities Commission of Nevada to own, control, operate, or maintain a public utility. NRS 704.330. A person is defined as “person engaged in or intending to engage in the operation of a public utility.
150 days
New HampshireX
Any person may need a Certificate of Site and Facility. RSA §16-H:5(I).
To construct, operate, or maintain any energy facility. RSA §16-H:2. RSA §16-H:5(I).
The New Hampshire Site Evaluation Committee has primary jurisdiction over transmission siting determinations.
“Energy facility” is an:
  • An electric transmission line of 100 kV or more--associated with a generating facility—over a route not already occupied by transmission lines
  • An electric transmission line of 100 kV or more that is over 10 miles in length over a route not already occupied by transmission lines
  • A new electric transmission line over 200 kV. RSA §16-H:2.
New Hampshire does not require other approval from the public utility commission for transmission projects.
365 days
New JerseyX
Public utilities may need approval from the appropriate local authority and/or state authority. N.J. Stat. Ann. § 40:55D-19.
locality with jurisdiction, New Jersey Public Utilities Commission
The construction of an electric transmission line through more than one municipality.
The New Jersey Public Utility Commission has primary jurisdiction over transmission siting determinations when the transmission line will cross more than one municipality.
A public utility is defined as “every individual, copartnership, association, corporation or joint stock company… own, operate, manage or control any…electric distribution….” N.J. Stat. Ann. § 48:7-2-13.
New Jersey does not require other approval from the public utility commission for transmission projects.
There is no statutorily defined time frame for approval.
New MexicoX
Any person may need a Location Permit to construct transmission lines. NM Stat. 62-9-3(B).
230 kV or more
The New Mexico Public Regulation Commission has jurisdiction over transmission siting determinations.
A “public utility” is defined, in part, as “every person not engaged solely in interstate business, and…that may own, operate, lease or control…any plant, property or facility for the…transmission …of electricity. NM Stat. 62-3-3(G)(1).
Public utilities may need a Certificate of Public Convenience and Necessity from the New Mexico Public Regulatory Commission to construct or operate a public utility plant or system or of any extension of any plant or system. NM Stat. 62-9-1(A).
New Mexico does not have a statutorily required processing time frame.
New YorkX
New York does not have a comprehensive transmission siting process for transmission project development.
The New York State Public Service Commission has permitting authority over the siting and construction of electric transmission lines.
A person is defined as “any individual, corporation, public benefit corporation, political subdivision, governmental agency, municipality, partnership, co-operative association, trust or estate.” N.Y. Pub. Serv. Law §120 (2), Definitions.
Any person may need a Certificate of Environmental Compatibility and Public Need from the New York State Public Service Commission to construct an electric transmission line of at least 125 kV that is at least one mile long or with a capacity between 100 kV and 125 kV that is at least 10 miles long. N.Y. Pub. Ser. Law §§ 120-130, Siting of Major Utility Transmission Facilities.
There is no statutorily defined timeframe for approval.
North CarolinaX
North Carolina does not have a comprehensive transmission siting process.
The North Carolina Utilities Commission has permitting authority over the siting and construction of electric transmission lines. N.C. Gen. Stat. Ann. §62-101(a) (1991).
A public utility is defined, in part, as any person or corporation producing, generating, transmitting, delivering or furnishing electricity to the public. N.C. Gen. Stat. Ann. §62-3(23)(a)(1) (1991).
N.C. Gen. Stat. Ann. §62-110(a) (1931)., Any person may need a Certificate of Public Convenience and Necessity from the North Carolina Public Utilities Commission to operate as a public utility or to construct a transmission line over 161 kV. N.C. Gen. Stat. Ann. §62-101(a) (1991)
60 Days
North DakotaX
N.D. Century Code § 49-22-08.1., Utilities may need a Certificate of Site or Corridor Compatibility and/or a Route Permit. A utility is defined as “any person engaged in and controlling the electric generation, the transmission of electric energy…from or to any electric energy conversion facility.” N.D. Century Code § 49-22-07
To construct or operate electric transmission lines that exceed 115 kV and extends at least one more or more. N.D. Century Code § 49-22-07, N.D. Century Code § 49-22-08.1.
The North Dakota Public Service Commission has siting authority over transmission lines. N.D. Century Code § 49-22.
Certificate of Public Convenience and Necessity: An “electric public utility” is defined as “a privately-owned supplier of electricity offering to supply or supplying electricity to the general public.” An electric transmission provider is defined as “an owner or operator, other than a rural electric cooperative, of a transmission line the costs of which are recovered directly or indirectly through transmission charges to an electric public utility.” N.D.C.C. § 49-03-01.5.
Electric transmission provider may need a Certificate of Public Convenience and Necessity from the North Dakota Public Service Commission to construct any electric transmission line of at least 115 kV and at least one mile in length that will interconnect with an existing electric transmission line. N.D.C.C. § 49-03-01(2).
There is no statutorily defined time frame for approval.
OhioX
Any person may need a Certificate of Environmental Compatibility and Public Need. O.R.C. § 4906.04.
To construct a major utility facility of 100 kV or more.
The Ohio Power Siting Board has sole authority to approve the construction and initial operation of a major utility facility. O.R.C. § 4906.98(A).
A "major utility facility" is an electric generating plant and associated facilities designed for, or capable of, operation at a capacity of 50 megawatts or more, or an electric transmission line and associated facilities of a design capacity of 125 kilovolts or more. O.R.C. § 4906.1(b)(1).
Ohio does not require other approval from the public utility commission for transmission projects.
Within a reasonable period of time of the hearing. O.R.C. § 4906.11.
OklahomaX
Oklahoma does not have a state comprehensive siting process for transmission project development.
The Oklahoma Corporation Commission has primary authority over transmission-only utilities
A transmission only utility means "an entity that builds, constructs, owns, operates, controls, manages, or maintains transmission lines within the State of Oklahoma and provides no retail service subject to the rate jurisdiction..." OK. Admin. Code §165:35-43-2 et seq.
Transmission only utilities may need approval to operate from the Oklahoma Corporation Commission to build, construct, own, operate, control, manage, or maintain transmission lines of 60 kilovolts or more. OK. Admin. Code §165:35-43-2 et seq.
There is no statutorily mandated time frame for approval.
OregonX
Any person may need a Site Certificate. O.R.S. 469.320.
To construct an energy facility of 230 kV or for a line greater than 10 miles in length. O.R.S. 469.320.
The Oregon Public Utilities Commission has preemptive authority over the siting and regulation of transmission lines.
“Energy facilities” as defined as “a high voltage transmission line of more than 10 miles in length with a capacity of 230 kV or more to be constructed in more than one city or county in Oregon." O.R.S. § 469 Or. Rev. Stat. §469.300(11)(a)(C).
Any person or any transmission company may need a Certificate of Public Convenience and Necessity from the Oregon Public Utilities Commission to construct overhead transmission lines which will require a condemnation of land. ORS 758.015.
There is no statutorily defined time frame.
PennsylvaniaX
Public utilities may need an Authority to Locate and Construct.
To construct a high-voltage transmission lines or 100 kV or more. 52 PA. Code. §57.71(1978).
The Pennsylvania Public Utility Commission has preemptive authority over the siting and regulation of transmission lines.
A public utility is defined, in part, as any “person or corporation… owning or operating... equipment or facilities for producing, generating, transmitting, distributing or furnishing natural or artificial gas, electricity, or steam for the production of light, heat, or power to the public.” 66 PA. Const. Stat §102 (1978).
Any person or company may need a Certificate of Public Need from the Pennsylvania Public Utility Commission before that company or person may operate as a public utility in Pennsylvania.
There is no statutorily defined time frame.
Rhode IslandX
Any person may need a License to Construct and Alter Major Energy Facilities. R.I. Stat. Ann. §42-98-4.
To construct or alter a major energy facility, which includes transmission lines with a capacity of 69 kV or greater. R.I. Stat. Ann. §42-98-4.
The Rhode Island Energy Facility Siting Board has preemptive authority over the siting and regulation of transmission lines.
Rhode Island does not require additional approval from the state public utility authority.
There is no statutorily defined time frame for approval.
South CarolinaX
South Carolina does not have a state comprehensive siting process for transmission project development.
The South Carolina Public Service Commission has primary authority over electric utilities siting transmission lines.
A major utility facility is defined as an electric transmission line and associated facilities that operate at 125 kV or more. S.C. Code Ann. § 58-33-20.
Any person must receive a Certificate of Environmental Compatibility and Public Convenience and Necessity from the South Carolina Public Service Commission to construct a major utility facility. S.C. Code Ann. § 58-33-110.
There is no statutorily mandated time frame for approval.
South DakotaX
A utility may need an Energy Facility Permit. 49-41B S.D. § 4.
To construct a transmission facility which includes electric transmission lines and associated facilities with a design of more than 115 kV. S.D. Stat. Ann. §49-41B-2.1.
The South Dakota Public Utilities Commission has regulatory and preemptive authority over transmission line construction in the state.
A utility is defined as “any person engaged in and controlling the generation or transmission of electric energy and gas or liquid transmission facilities” S.D. Stat. Ann. §49-41B-2.
1 year
TennesseeX
Tennessee does not have a state comprehensive siting process for transmission project development.
A public utility is defined as an “individual, copartnership, association, corporation, or joint stock company…that own[s], operate[s], manage[s] or control[s], within the state, any…electric light…[,]…power, …or any other like system, plant or equipment, affected by and dedicated to the public use, under privileges, franchises, licenses, or agreements, granted by the state or by any political subdivision.” Tenn. Code Ann. §65-4-101(6)(a).
Any person or public utility may need a Certificate of Public Convenience and Necessity from the Tennessee Public Utility Commission to construct or operate any line or route. Tennessee – Tenn. Code Ann. §65-4-201 et seq., Certificate of Public Convenience and Necessity.
There is no statutorily defined time frame for approval.
TexasX
Texas does not have a comprehensive transmission siting process.
The Texas Public Utilities Commission has regulatory and preemptive authority over transmission line construction in the state.
A "retail electric utility” is defined as a person, political subdivision, electric cooperative, or agency that operates, maintains, or controls a facility to provide a retail electric utility service. Tex. Util. Code Ann. § 37.001(3).
Electric utilities or other persons may need a Certificate of Convenience and Necessity from the Texas Public Utilities Commission to provide "service to the public under a franchise or permit or to interconnect a facility to the ERCOT transmission grid. Tex. Util. Code Ann. § 37.051(a), (c-1). Retail electric utilities may also need a Certificate to furnish or make retail electric utility service available. Tex. Util. Code Ann. § 37.051(b).
1 year
UtahX
Public utilities may need a Land Use Permit. UT. Code. Ann. §54-18-201.
Local land use authority, Utah Public Service Commission Utility Facility Review Board
To construct or operate of a high voltage transmission line of 230 kV or more, or an upgraded high voltage transmission line. UT. Code. Ann. §§54-18-102 – 54-18-201.
The Utah Public Service Commission has regulatory and preemptive authority over transmission line construction in the state.
A public utility in the context of a Land Use Permit means “every electric corporation, distribution electrical cooperative, wholesale electrical cooperative…and independent energy producer…where the service is performed for, or the commodity delivered to, the public generally…”A electric corporation in the context of a Certificate of Convenience and Necessity means “every corporation, cooperative association, and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any electric plant, or in any way furnishing electric power for public service or to its consumers.” UT. Code. Ann. §54-2-1.
Electric corporations may need a Certificate of Convenience and Necessity from the Utah Public Service Commission to construct or operate a line, route, plant, or system or an extension of a line, route, plant or system. UT. Code. Ann. §54-4-25 (1).
Certificate of Convenience and Necessity: 30-45 days
VermontX
Vermont does not have a comprehensive transmission siting process.
The Vermont Public Utility Commission has regulatory and preemptive authority over transmission line construction in the state.
A "company" is defined as individuals, partnerships, associations, corporations, and municipalities, owning or conducting any public service business or property. This definition also includes electric cooperatives. Vt. Stat. Ann. § 30.201(a).
Companies may need a Certificate of Public Good from the Vermont Public Utility Commission for site preparation for or to construct of electric transmission facility at any voltage. Vt. Stat. Ann. § 30.248(a)(2)(A).
There is no statutorily defined time frame.
VirginiaX
Virginia does not have a comprehensive transmission siting process.
The Virginia State Corporation Commission has regulatory and preemptive authority over transmission line construction in the state.
A public utility is defined as “any company” that owns or operates facilities within the State for the “generation, transmission or distribution of electric energy for sale.” Va. Code Ann. § 56-265.1.
Public utilities may need a Certificate of Public Convenience and Necessity from the Virginia State Corporation Commission before beginning construction on any transmission line that is at least 138 kV. Va. Code Ann. § 56-265.2.
There is no statutorily defined time frame.
WashingtonX
Any person may need a Site Certification Agreement to construct certain types of transmission facilities. Wash. Code. Rev. §80.50.060.
Transmission lines located in a national interest transmission corridor. A project owner can also choose to receive Site Certification Agreement if the lines will be at least 115 kV and:
  • located in more than one jurisdiction that has a land use plan or zoning ordinances, or
  • located outside an electrical transmission corridor.
The Washington State Energy Facility Site Evaluation Council can preempt local authorities on the issue of siting electric transmission lines.
Washington does not require other approvals from the public utility commission for transmission projects.
There is no statutorily defined processing time frame.
West VirginiaX
West Virginia does not have a comprehensive state transmission siting process.
A public utility is defined, in part, as any person or corporation engaged in any business considered a public service. W. VA. Code §24-1-2.
A public utility or corporation may need a Certificate of Public Convenience and Necessity from the West Virginia Public Service Commission to construct of a transmission line that is at least 200 kV. W. VA. Code §24-2-11a.
There is no statutorily defined time frame.
WisconsinX
Wisconsin does not have a comprehensive state transmission siting process.
The Wisconsin Public Service Commission has preemptive and regulatory authority over the siting of transmission lines.
A public utility is defined as “a company which is in a holding company system and which is a public utility. Wis. Stat. Ann. §196.795(1)(L). A facility is a large electric generating facility or a high voltage transmission line that exceeds one (1) mile in length and 100 kV or more. Wis. Stat. Ann. §196.491(1)(e), (f).
Any person may need a Certificate of Public Convenience and Necessity from the Wisconsin Public Service Commission to construct a facility. Wis. Stat. Ann. §196.491(3)(a)(1). Public utilities may also need a Certificate of Authority when constructing a new utility facility. Wis. Stat. Ann. §196.49.
180 days
WyomingX
Any person may need an Industrial Development Information and Siting Act Permit to construct an industrial facility. Wyo. Stat. § 35-12-106(a).
An industrial facility is defined as a facility in Wyo. Stat. § 35-12-102(a)(vii) or with an estimated construction cost of at or above the threshold listed in Wyo. Stat. § 35-12-102(a)(vii) (the current threshold is $198,000,000 and is updated twice a year).
The Wyoming Public Service Commission has regulatory and preemptive authority over the siting of transmission lines.
Public utility means “every person that owns, operates, leases, controls or has power to operate, lease or control…any plant property or facility for the…transmission, distribution, sale or furnishing to or for the public of electricity or light, heat or power…” Wyo. Stat. § 37-1-101(a)(vi)
Public utilities may need a Certificate of Public Convenience and Necessity from the Wyoming Public Service Commission to construct a line, plant or system, or any extension of a line, plant or system. Wyo. Stat. § 37-2-205(a).
There is no statutorily defined permit processing time frame.

Bulk Transmission Environmental Review Comparison

A typical utility-scale solar project will raise numerous environmental issues that require permitting and/or regulatory approval from federal and state agencies. The environmental law in the United States is governed by federal law that is administered by both federal and state agencies, as well as state environmental laws that either complement federal law or go above and beyond it. The federal government and individual states may require reviews, permits or approvals for cultural resources, biological resources, sensitive land use, water resources, air quality and hazardous waste and materials management and disposal.

Topic to Compare

Environmental Review
Environmental Review Agency
Applicable Memorandum of Understanding
AlabamaX
Alabama does not have a state specific environmental review process.
AlaskaX
Alaska does not have a state specific environmental review process.
ArizonaX
Arizona does not have a state specific environmental review process.
ArkansasX
Arkansas does not have a state specific environmental review process.
CaliforniaX
All "discretionary projects" which require the exercise of judgment or deliberation, carried out, or approved by state agencies must comply with the California Environmental Quality Act. Cal. Pub. Res. Code §21080(a).
Yes, the memorandum of understanding establishes the principles governing Federal Energy Regulatory Commission and California State Water Resources Control Board coordination of pre-application activities. Memorandum of Understanding 2013.
ColoradoX
Colorado does not have a state specific environmental review process.
ConnecticutX
Connecticut’s Environmental Policy Act only applies to state agency activities undertaken by a state agency or are funded in whole or in part by the state and that could have major impacts on the state’s land, water, historic structures and landmarks. Connecticut Environmental Policy Act. Conn. Gen. Stat. §§ 22a-1.
DelawareX
Delaware does not have a state specific environmental review process.
FederalX
United States Forest Service, Bureau of Land Management, Department of Energy, United States Department of Defense, U.S. Army Corps of Engineers, U.S. Department of Agriculture
FloridaX
Florida does not have a state specific environmental review process.
GeorgiaX
Georgia has a State Environmental Policy Act, but it does not apply to bulk transmission projects. OCGA § 12-16-1.
HawaiiX
All actions including "projects that propose to use state or county lands or funds, or lands within conservation districts, shoreline areas, historic sites, or propose activity within the Waikiki Special District, or propose any power generating facility…" must comply with the Hawaii Environmental Policy Act.
No.
IdahoX
Idaho does not have a state specific environmental review process.
IllinoisX
Illinois does not have a state specific environmental review process.
IndianaX
Indiana has a State Environmental Policy Act, but it may not apply to bulk transmission projects.
state agency with jurisdiction, Indiana Department of Environmental Management
IowaX
Iowa does have a state specific environmental review process.
No.
KansasX
Kansas does not have a state specific environmental review process.
LouisianaX
Louisiana does not have a state specific environmental review process.
MaineX
Maine does not have a state specific environmental review process.
MarylandX
Maryland’s Environmental Policy Act only applies to requests for legislative appropriations or other legislative actions that will alter the quality of the air, land, or water resources. Maryland – MD. Code Ann., Natural Resources §§ 1-3 et seq., Maryland Environmental Policy Act.
No
MassachusettsX
All actions directly or indirectly impacting the environment and that is wholly or partially funded, approved, permitted, or funded by a state agency must comply with the Massachusetts – MASS. GEN. LAWS ch. 30 §§ 61 et seq., Massachusetts Environmental Policy Act. 301 C.M.R. § 11.01(2)(a)-(b).
No.
MichiganX
Michigan does have a state specific environmental review process.
MinnesotaX
Any governmental entity that has the discretion to permit, assist, finance, regulate or approve an activity must consider the environmental impacts of their actions to comply with the Minnesota Environmental Policy Act.
No
MississippiX
Mississippi does not have a state specific environmental review process.
MissouriX
Missouri does not have a state specific environmental review process transmission project development.
MontanaX
Montana does not have a state specific environmental review process for transmission project development.
NebraskaX
Nebraska does not have a state specific environmental review process for transmission project development.
NevadaX
Nevada does not have a state specific environmental review process for transmission project development.
New HampshireX
New Hampshire does not have a state specific environmental review process for transmission project development.
New JerseyX
New Jersey does not have a state specific environmental review process for transmission project development.
New MexicoX
New Mexico does not have a state specific environmental review process for transmission project development.
New YorkX
All state and local government actions including "projects or physical activities, such as construction or other activities that may affect the environment by changing the use, appearance or condition of any natural resource or structure...directly undertaken by an agency, involve funding by an agency, require one or more new or modified approval from an agency or agencies...agency planning and policy making activities, and adoption of agency rules, regulations and procedures" must comply with the New York - State Environmental Quality Review Act. 6 CCR-NY § 617.2.
No.
North CarolinaX
North Carolina has a State Environmental Policy Act, but it does not apply to bulk transmission projects. N.C. Gen. Stat. §§ 113A-1–113A-20 and N.C. Gen. Stat. §§ 113A-118.
North DakotaX
North Dakota does not have a state specific environmental review process for transmission project development.
OhioX
Ohio does not have a state specific environmental review process for transmission project development.
OklahomaX
Oklahoma does not have a state specific environmental review process.
OregonX
Oregon does not have a state specific environmental review process.
PennsylvaniaX
Pennsylvania does not have a state specific environmental review process.
Rhode IslandX
Rhode Island does not have a state specific environmental review process.
No.
South CarolinaX
South Carolina does not have a state specific environmental review process.
South DakotaX
All new or continuing projects proposed, funded, licensed, permitted, or approved by state agencies must comply with the South Dakota Environmental Policy Act; 34A-9 S.D., § 2.
No.
TennesseeX
Tennessee does not have a specific state environmental review process.
TexasX
Texas does not have a state specific environmental review process.
UtahX
Utah does not have a state specific environmental review process.
VermontX
Vermont does not have a state-specific environmental review process.
VirginiaX
Virginia does not have a state specific environmental review process.
WashingtonX
All state agency actions, including new and continuing activities, projects, and programs "entirely or partly financed, assisted, conducted, regulated, licensed, or approved by agencies; new or revised agency rules, regulations, plans, policies, or procedures, and legislative proposals" must comply with the Washington State Environmental Policy Act. WAC 197-11-704.
No.
West VirginiaX
West Virginia does not have a state specific environmental review process.
WisconsinX
All major state actions, including "any final decision... to exercise [it's] statutory authority that affects the quality of the human environment" must comply with the Wisconsin Environmental Policy Act. 1 Wis. Stat. § 1.11; Citizen Guide to WEPA, a p. 1.
No.
WyomingX
Wyoming does not have a state specific environmental review process.