By Frank Jossi for Energy News Network.
Broadcast version by Mike Moen for Minnesota News Connection reporting for the Joyce Foundation-Public News Service Collaboration

A coalition of labor and environmental groups is putting its support behind perennial Minnesota legislation meant to lift a barrier to building power lines in the rights-of-way of federal highways in the state.

NextGen Highways is a national collaboration that promotes co-location of utility infrastructure in existing highway corridors as a way to accelerate expansion of the electric grid.

The concept has widespread public support, according to the group's polling, but it also faces various legal, financial, and technical obstacles across the country.

"What we're trying to do in Minnesota - and in states across the country - is to identify barriers and work with our coalition partners to develop strategies to overcome those barriers," said Randy Satterfield, executive director of NextGen Highways.

One example in Minnesota is a state law requiring the Minnesota Department of Transportation to pay utilities if they are forced to move any assets, such as poles or towers, in federal highway rights-of-way. A pair of bills (House Bill 3900, Senate Bill 3949) would shift those costs to utilities instead, making it consistent with existing rules for state highway corridors.

Without that change, the state won't allow transmission projects to be built in its portion of federal highway rights-of-way. State transportation officials have proposed such legislation multiple times since 2012, but the bills have never succeeded amid opposition from utilities.

Many transmission projects already follow highway corridors, Satterfield said. They include several announced last year by MISO, the Midcontinent Independent System Operator, Inc. Three of those projects cover portions of Minnesota and follow highways for parts of their routes.

Not all transmission lines that share routes with highways are located within the public right-of-way. Some are built on adjacent private property instead, which still requires negotiations with hundreds of individual owners. When developers have the option of placing towers or burying lines within the public right-of-way, it can significantly streamline a project.

With clean energy's escalating growth trajectory, more solar and wind developers will request permission to build projects and power lines in rural communities, Satterfield predicted.

"I think we owe it to (communities) to at least consider utilizing existing linear infrastructure, like highways and interstates, for the transmission infrastructure," he said.

'This is a kind of low-hanging fruit'

Still, transmission developers wanting to take these routes often run into obstacles. Many state departments of transportation still recall a federal restriction, since rescinded, that did not allow transmission in federal highway rights-of-way, he said. Other states have no culture of allowing highway rights-of-way to co-locate with transmission.

NextGen Highways formed to advocate for transmission in highway corridors and to encourage states to remove any barriers to that goal. Minnesota is the first state where it has launched a state coalition to advance the concept.

"Transmission congestion is the biggest hurdle that we have to overcome to reach our 100% energy goals and to get more renewables and other forms of energy on the grid," said George Damian, government affairs director for Clean Energy Economy Minnesota, a nonprofit that is part of the coalition. "This is a kind of a low-hanging fruit. These rights-of-way owned by the state can be utilized for transmission."

Utilities, lawmakers and stakeholders continue to discuss the legislation. Theo Keith, Xcel Energy's spokesperson, said the utility has been "encouraged by the early conversations we've had with lawmakers and other stakeholders." Xcel has proposed hundreds of miles of transmission lines in road corridors and often shares easements with the transportation department, he said.

Keith cited the CapX2020 project as an example of Xcel and other utilities building a major transmission corridor adjacent to the Interstate 94 right-of-way.

"Building new transmission lines is critical to meeting our clean energy goals and those of the states in which we operate, including Minnesota's 2040 benchmark," he said.

Overcoming barriers

Minnesota can look to its neighbor in Wisconsin for an example of how highway corridors could be used for transmission. That state passed a law 20 years ago to make federal and state highway rights-of-way a priority for siting transmission. Satterfield, who once worked for a transmission company in Wisconsin, said the state's utilities built more than 200 miles of transmission projects on federal highways.

Wisconsin did not ask utilities to move poles or other assets on any of the projects, he said. Wisconsin's Department of Transportation coordinates and plans projects with utilities to avoid potential problems, such as highway lane expansion that could encroach on transmission lines.

In addition to changing the Minnesota statute on utility colocation on federal roads, the NexGen Highway Coalition wants the Legislature to consider a siting priorities law. The law requires utilities to consider existing transportation corridors, such as highways and railways, before opting for greenfield development.

Minnesota Department of Transportation Strategic Partnerships Director Jessica Oh said the agency had put forth five to six legislative proposals since 2012 to repeal the language in the statute regarding utility infrastructure near federal highways and will support continued efforts. Utilities opposed the measure because of the additional expense they might incur in projects, she said.

A change to the state law was also suggested in a report to the legislature based on permitting reform discussions held by the Public Utilities Commission, she said.

In studying Wisconsin's experience, the department learned the importance of early coordination with clean energy developers and utilities "is key to the success of the whole process." Minnesota transportation staff have conducted early planning sessions involving aerial encroachments on state highways with utility partners.

Oh said the department's "highest concern" around utility infrastructure has always been safety. Should the legislation pass, the transportation department will continue to work closely with utilities, especially since power lines will become instrumental in moving electric vehicles on highways.

Oh added Minnesota is among 11 states selected by the American Association of State Highway and Transportation Officials and the Transportation Research Board's National Cooperative Highway Research Program for a "moonshots" program for state departments of transportation. Oh leads the initiative in Minnesota to co-locate more transmission and broadband in highway corridors.

"We have a stake in this because of the electrification of transportation," Oh said. "I tend to think our fates are intertwined in energy and transportation."

Great Plains Institute convenes NextGen Highways, which partners with the Center for Rural Affairs, Clean Energy Economy Minnesota, Conservative Energy Forum, Fresh Energy, Laborers' International Union of North America-Minnesota and North Dakota, Mechanical Contractors Association, Minnesota Center for Environmental Advocacy and the National Audubon Society.


Frank Jossi wrote this article for Energy News Network.


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A round of public testimony wrapped up this week as part of renewed efforts by a company seeking permit approval in North Dakota for an underground pipeline carrying carbon emissions. Economic benefits were again touted but the plan still has opponents.

Last year, North Dakota's Public Service Commission denied a permit request from Summit Carbon Solutions, which wants to build a maze of pipelines in several Midwestern states. Emissions from ethanol plants would be captured for underground storage in North Dakota.

Skott Skokos, executive director of the Dakota Resource Council, said they remain unconvinced it would be a worthwhile project.

"It felt like déjà vu," Skokos observed. "I don't think Summit did anything to relax the concerns of the public."

Company officials have submitted a new application with a revised route as they try to ease concerns about safety and landowner rights. During comment periods, Summit leaders and other speakers discussed how the project would provide economic boosts, including corn prices. However, skeptics restated their concerns about potential ruptures and lasting negative effects on the landscape.

Skokos pointed out large carbon-capture projects like these have yet to prove themselves, noting smaller initiatives are not as likely to rile up opponents. He pointed to the Red Trail ethanol plant in North Dakota.

"They're storing it, basically, almost on-site, next to the facility and they're not affecting a bunch of landowners in the process," Skokos emphasized.

The Summit regulatory case has two upcoming public hearings in North Dakota, one scheduled for May 24 and the other on June 4. The company has run into similar opposition and permitting headwinds in other states, including South Dakota.

Leaders concerned about pollution and climate change are raising awareness about a ballot measure this fall on whether the state should mandate buffer zones around new oil and gas wells.

Voters will be asked to uphold or revoke Senate Bill 1173, which would require a 3,200-foot setback around any new well near schools, neighborhoods and hospitals.

Meghan Sahli-Wells, former mayor of Culver City and a leader with the group Elected Officials to Protect America, fought to phase out the Inglewood oil field and said no community should be a sacrifice zone.

"A study from Harvard found that in California, 34,000 people died in 2018, prematurely, from fossil fuel air pollution," Sahli-Wells pointed out. "These figures are three times higher than other studies."

The Stop the Energy Shutdown campaign, supported by the California Independent Petroleum Association, opposes the setback rule, arguing it could constrict local supply and cost jobs in the industry. A court put the bill on hold pending the outcome of the November election. A "yes" vote would keep the setbacks. A "no" vote would rescind them.

Clean energy advocates are also speaking out against companies operating older low-producing wells rather than pay to shut them down and seal them up properly.

Ahmad Zahra, a city council member in Fullerton, said Assembly Bill 2716 would incentivize their closure by charging companies $10,000 a day to operate so-called "stripper wells."

"We have over 40,000 oil wells currently sitting orphaned or idle, leaking methane and volatile organic compounds into the air, water and soil," Zahra emphasized.

Other states are following California's lead. Rep. Debbie Sariñana, D-Albuquerque, New Mexico, is sponsoring a bill to require setbacks near sensitive locations since more than 32,000 children in the state attend school within a mile of an oil and gas extraction site.

"Over 80 schools in northwestern New Mexico - the San Juan Basin and southeastern New Mexico, the Permian Basin - are within one mile of an oil and gas well," Sariñana noted. "Some schools are surrounded by dozens and even hundreds of wells within a single mile."

The construction of more solar farms in the U.S. has been contentious but a new survey shows their size makes a difference in whether solar projects are favored by neighbors.

South Dakota's largest solar installation, the Wild Springs project in New Underwood, began operations in March and covers more than 1.5 square miles. The survey showed projects under 100 megawatts are generally favored by neighbors, while larger ones like Wild Springs are unpopular.

Kristi Pritzkau, finance officer for the City of New Underwood, said the construction traffic was tough on the town of just over 600 but the project's builder, National Grid Renewables, is giving back to the community.

"They had to use our well, so they paid for the water, and they paid for a new pump for it, too," Pritzkau pointed out. "They've been really great with the city."

Prtizkau noted the company donated to the town's pool and Lions Club and has created a school scholarship program, all part of the more than $500,000 of charitable giving it has promised in the project's first 20 years of operation. It is also expected to bring in $12 million of tax revenue to the county in the same time frame.

Sioux Falls-based Missouri River Energy Services has plans to build a new solar project near Brookings and build a transmission line from South Dakota into Minnesota.

Tim Blodgett, vice president of member services and communications for the company, said federal grant programs and tax credits provide incentives and South Dakota produces more energy than it can use.

"With the development of more wind, the development of solar, there's a lot planned right now to get these resources out of this area," Blodgett explained. "Into Minneapolis and other places where there's larger demand for the energy."

Currently, more than half the state's power generation comes from wind, followed by hydropower.


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