RAPID/BulkTransmission/Compare

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RAPIDRegulatory and Permitting Information Desktop Toolkit

Compare Bulk Transmission Permitting and Regulations Across States

Compare aspects of the permitting process among states.

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Bulk Transmission Land Access Comparison

Compare Bulk Transmission land use across multiple states.
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State Land Right-of-Way Agency
State Land Right-of-Way Process
State Highway Right-of-Way Agency
State Highway Right-of-Way Process
Eminent Domain
AlabamaX
AlaskaX
Alaska Division of Mining Land and Water
The Alaska Division of Mining Land and Water may issue permits, rights-of-way, or easements on state land for roads, trails, ditches, field gathering lines or transmission and distribution pipelines not subject to AS 38.35, or electric transmission and distribution lines...other similar uses or improvements..." AS 38.05.850.
Alaska Department of Transportation and Public Facilities
A developer must obtain a State of Alaska Department of Transportation and Public Facilities Encroachment Permit prior to constructing, maintaining, or changing an encroachment within a Alaska Department of Transportation highway right-of-way, unless otherwise provided for by agency regulations. 17 AAC § 10.010, Alaska Stat. § 19.25.200(a).
The state may exercise the right of eminent domain for electric power lines. Alaska Stat. § 09.55.240(a)(12). Also, "[a] public utility may exercise the power of eminent domain for public uses" but cannot take land. Alaska Stat. §42.05.631.
ArizonaX
In consultation with the Arizona State Land Department, a developer of transmission lines 69kV or greater must acquire a 50-year utility right-of-way easement.
Arizona Department of Transportation
Developers of projects within a state right-of-way must apply for an encroachment permit from the corresponding Arizona Department of Transportation district office. Ariz. Admin. Code § 17-3-502(B)(2).
A transmission developer may exercise eminent domain for the purpose of constructing transmission lines and operating facilities. Ariz. Rev. Stat. § 12-1111(10).
ArkansasX
CaliforniaX
California State Lands Commission
The state grants utilities owned by municipal corporations "the right of way for the location, construction, and maintenance of...works for the generation and distribution of electrical power. California – Cal. Pub. Util. Code §§ 10151 et seq., Rights in Public Lands and Waters. The municipal utility may select a right of way and must submit land locations, areas, and plans to the State Lands Commission, State controller, and corresponding county recorder for approval. When the right of way is approved, the Land Commission will issue the municipal corporation a permit to use the right of way, unless such use is challenged in court, judicially reviewed, and prohibited. Cal. Pub. Util. Code §1055.
When the California Department of Transportation acquires a right-of-way for state highway purposes, the Department obtains the right to issue "permits for the location in the right-of-way any...electric power lines." Cal. Sts. & High. Code § 117.
"[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. However, private energy producers do not possess this same authority. Public utilities may acquire property by eminent domain on behalf of a private energy producer only if the private energy producer bears the costs of that property acquisition. Cal. Pub. Util. Code § 2813.
ColoradoX
Transmission companies authorized to do business in Colorado have the right to "obtain a permanent right of way" to construct and maintain transmission lines across all public lands owned by the state. The developer must pay any due compensation and comply with Board of Land Commissioners requirements. Colorado – Colo. Rev. Stat. §§ 38-5-102 et seq., Rights-of-Way: Transmission Companies. To apply for a right of way, a transmission developer would need to have a pre-application meeting with the State Land Board Right-of-Way manager identifying the location of the right of way, apply for a Temporary Access Permit to conduct required land survey assessments, and submit a completed application to the Right-of Way manager for review. Generally, applications for right-of-ways for utility transmission lines require Board review and approval. Colorado State Board of Land Commissioners.
Colorado Department of Transportation
Transmission companies authorized to do business in Colorado have the right to construct and operate transmission lines "across, upon, and under any public highway" in the state so long as the transmission lines do not obstruct usual highway travel. Colorado – Colo. Rev. Stat. §§ 38-5-101 et seq., Rights-of-Way: Transmission Companies. If the transmission project will encroach on state highways then the developer must file a Utility/Special Use Permit Application with the Colorado Department of Transportation (CDOT). Projects that modify access points require CDOT approval of a State Highway Access Permit Application.
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
DelawareX
FloridaX
GeorgiaX
HawaiiX
IdahoX
Developers of transmission projects encroaching on or crossing navigable lakes or navigable rivers must obtain permits/and or leases from the Idaho Department of Lands. The developer may obtain a lease in some cases. In seeking an easement, the developer must comply with the Rules for Easements on State-Owned Submerged Lands and Formerly Submerged Lands.
Idaho Transportation Department
Transmission developers seeking to utilize public road right-of-ways must submit a completed Right-of-Way Encroachment Application and Permit for Utilities. Developers should submit the application in the county court in which the project is located. Projects encroaching on a state highway right-of-way also require an encroachment permit from the Idaho Transportation Department. Idaho Admin. Code r. 39.03.42.200.
A transmission developer may use eminent domain to acquire land for siting transmission for facilities/equipment used in generating electricity. Idaho – Idaho Code Ann. § 7-701.
IllinoisX
State agency with jurisdiction over the land and Illinois Department of Central Management Services.
Public utilities must obtain a Public Utility Easement to access state land. Illinois – State Property Control Act (30 I.L.C.S. §§ 605 et seq.) Illinois defines “public utility” to include “…any plant, equipment, or property used for or in connection with…the production, storage, transmission, role, delivery, or furnishing of heat, cold, light, power, electricity, or water…” 30 I.L.C.S. §605/7.2.
A developer may need a Utility Permit to work within the right-of-way of an Interstate, U.S. State route, Illinois state route, or state maintained roadway. 606 I.C.S §9-113, Illinois Department of Transportation Website – Utility Permits.
When necessary the Illinois Commerce Commission (ICC) may grant a public utility eminent domain power to construct transmission lines on private property. 22) I.L.C.S §5/8-509.
IndianaX
State agency with jurisdiction over the land, generally, the Indiana Department of Administration or the Indiana Department of Natural Resources.
A developer must obtain a state land easement to construct transmission lines across state land. The process for obtaining an easement varies pending on the state agency with jurisdiction over the land.
A developer must obtain a Right-of-Way Permit to construct transmission lines within a state highway right-of-way. The developer must submit a Right-of-Way Permit Application using the Electronic Permitting System or by submitting the Application in writing to the appropriate Indiana Department of Transportation District Permit Manager.
A public utility may exercise eminent domain power to construct transmission lines on private property pursuant to Indiana - Ind. Code §§ 32-24 et seq., Eminent Domain.
IowaX
A developer must obtain an easement or lease from the Iowa Department of Natural Resources (IDNR) to construct transmission lines on state-owned lands. I.A.C. § 571.13.
A developer must obtain a Utility Permit to place utility structures in a state highway right-of-way. I.C. § 318.8. A developer can obtain a Utility Permit by filing an Application and Agreement for Use of Highway Right-of-Way for Utilities Accommodation. I.A.C. § 761.115.1(a), I.A.C. § 761.115.8(1)(b).
The Iowa Utilities Board (IUB) may grant eminent domain power to any person, company or corporation that has obtained a Franchise Permit from IUB for transmission line projects. The taking under eminent domain must not exceed 100 feet in width and 160 acres in any one location. However, the IUB may approve a wider right-of-way, not to exceed 200 feet, for good cause. I.C. § 478.15.
KansasX
State agency with jurisdiction over land.
A developer must obtain approval for a state land right-of-way from the applicable state agency. Any state agency has authority to grant a right-of-way easement across, over, upon, or under any such state land to any person, firm, or corporation owning or operating any public utility. 75 K.S.A. § 2131. Each state agency has discretion to grant an easement for the purpose of constructing, maintaining, or removing any powerline or other public utility installation or any equipment necessary to the operation, but must first obtain approval from the Attorney General’s office. 75 K.S.A. § 2131.
A developer may need to obtain a Use of Highway Right-of-Way or a State Utility Permit if the project will involve the installation, relocation, removal, or maintenance along, over, or under any state highway right-of-way. K.S.A.§§ 68-404, 415, Kansas Department of Transportation - Utility Accommodation Policy.
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
LouisianaX
MarylandX
MassachusettsX
MichiganX
The Michigan Department of Natural Resources Finance and Operations Division – Real Estate Services Section’s (DNR) Land Manager administers the issuance of easements for the use of state lands under the DNR’s jurisdiction. Michigan – Act 451 of 1994, Part 21 – General Real Estate Powers.
A developer may need a Right-of-Way Construction Permit in order to construct a utility facility or undertake operations, other than normal vehicular or pedestrian travel, on a state highway right-of-way. As defined in 23 CFR 645.105(m), a “utility” is a privately, publicly, or cooperatively owned line, facility or system for producing, transmitting, or distributing electricity, etc.
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
A developer must obtain a Utility Crossing License from the Minnesota Department of Natural Resources in order to construct a utility project over, under, or across any state lands or public waters. Minn. Stat. § 84.415, Minn. Admin. Rules § 6135.
A developer must obtain a Utility Accommodation Permit to construct transmission lines in a trunk highway right-of-way. Minn. Stat. § 161, Minn. Admin. Code § 8810.
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
MissouriX
Governor, with approval from Missouri Board of Public Buildings.
The governor, with the approval of the Missouri Board of Public Buildings, has authority to grant an easement across, over, upon, or under state lands to any rural electric cooperative, public utility, municipal corporation, or quasi-governmental corporation owning or operating a public utility, for the purpose of constructing, maintaining, or removing a power line, equipment, or appurtenances. Mo. Rev. Stat. § 37.005.9.
A developer of a utility must obtain a right-of-way construction permit if the project will involve the installation, relocation, or maintenance of a utility on the right-of-way of a state roadway, or if the project will affect the roadway, shoulders, or right-of-way. § 643.3.1.
The Missouri Public Service Commission does not have condemnation authority. An electric corporation may identify land for a transmission project and apply to the corresponding county court for condemnation approval. 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
Transmission developers of projects crossing state lands must submit an application for a right-of-way or easement to the Montana State Land Board. If the project requires casual use of state lands prior to the issuance of a full lease, the project developer may submit a Land Use License Application to the Montana Department of Natural Resources & Conservation.
Developers of transmission projects that are new or require maintenance and are encroaching on state highways may submit applications for an Encroachment Permit or a Right of Way Easement for Utilities Through State Lands Montana State Land Board An electric power corporations "is authorized to install its respective plants...necessary for service and to supply and distribute electricity for lighting...along and upon any of the public roads, streets, and highways in the state." Mont. Code Ann. § 69-4-101.
A public utility, any public or private supplier of power, may acquire property for public use "to provide service to the customers of its regulated service." Mont. Code Ann. § 69-3-113.
NebraskaX
Nebraska Vacant Building and Excess Land Committee and State agency with jurisdiction over the land.
A developer must obtain a Utility Easement to access state land. 72 N.R.S. § 818.
A developer must obtain 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, 410 N.A.C §§ 001.02, 002.02, Department of Roads Permit Application Guidelines, at p.2.
The Nebraska Public Service Commission may grant privately owned public utility corporations the power of eminent domain. N.R.S. § 25-2501.
NevadaX
Developers may obtain a right of way (ROW) across state lands by submitting an Application to Use State Lands. The Nevada Attorney General prepares the final authorization for a state land ROW.
Developers of projects permanently encroaching (one year or longer) on state streets or highways will need to submit an Occupancy Permit Application to the Nevada Department of Transportation (NDOT). Depending on the encroachment, NDOT may require additional traffic control planning and drainage reporting.
Public utilities have the power of eminent domain for siting and facilities Nev. Stat. Ann. § 37.010.
New HampshireX
New JerseyX
New MexicoX
Developers of a transmission project with a proposed right-of-way (ROW) width greater than 100 feet must seek a Determination of Right-of-Way Width from the New Mexico Public Regulation Commission. N.M. Stat. Ann. § 62-9-3.2. For transmission projects on or over state lands, developers must then obtain a (ROW) easement from the New Mexico State Land Office (NMSLO). To perform necessary assessments to obtain a ROW, developers will also need to submit a Right of Entry Request to the NMSLO to obtain a Temporary Access Permit.
Developers of a transmission project with a proposed right-of-way (ROW) width greater than 100 feet must seek a Determination of Right-of-Way Width from the New Mexico Public Regulation Commission. N.M. Stat. Ann. § 62-9-3.2. For projects encroaching on existing state highway ROWs, developers must submit an New Mexico Department of Transportation (NMDOT) Application for Permit to Install Utility Facilities Within Public ROW to obtain a Public Highway Utility Accommodation Permit. If the project encompasses a ROW access point, developers will need to submit an NMDOT Application for Permit to Construct an Access or Median Opening on Public Right of Way.
Public Utilities may exercise powers of eminent domain and condemn property in the case that the transmission developer cannot agree with the land owners as to compensation. Any right-of-way exceeding 100 feet requires agreement from both parties, or a New Mexico Public Regulation Commission Determination of Right-of-Way Width necessity. N.M. Stat. Ann. § 62-1-4.
New YorkX
North CarolinaX
North DakotaX
A developer must obtain a Right-of-Way Permit from the North Dakota Department of Trust Lands to construct transmission lines on state lands.
A developer must obtain a Utility Occupancy Permit from the North Dakota Department of Transportation to construct a transmission project in a state highway right-of-way. N.D. Century Code § 24-01, NDDOT Utility Occupancy Webpage.
Utilities have eminent domain power to take private property, when necessary, for the construction of transmission lines, pursuant to N.D. Century Code § 32-15-01(2).
OhioX
State agency with jurisdiction over the land.
A developer must obtain a right-of-way easement or lease from the appropriate state agency if the proposed project will be located in, on, or above State-owned real property.
A developer must obtain a permit to “use or occupy” a portion of a state road or highway right-of-way.  O.R.C. § 5515.01.  This may include a Roadway Usage Permit, a Commercial Access Permit, and/or a Utility Permit.
County boards of trustees or county commissioners have the power of eminent domain to take private property, if necessary, for public use of developing transmission lines. O.R.C. § 306.36.
OklahomaX
OregonX
A developer must obtain a n easement to access state lands by submitting an application to the Ohio Department of State Lands.
Depending on the type of encroachment on a state highway right of way, a developer may submit an Application to Occupy or Perform Operations Upon a State Highway or an Application for State Highway Approach.
Oregon Community Power has explicit statutory eminent domain power to acquire new property, not within the service territory of another utility, within or outside its service territory, for the purpose of carrying out electric utility operations. Or. Rev. Stat. § 757.890. Any public utility may enter upon lands and condemn lands not exceeding 100 feet in width for transmission lines. Electric corporations also generally have the right to enter any land to conduct surveys. Or. Rev. Stat. §772.210.
PennsylvaniaX
Rhode IslandX
South CarolinaX
South DakotaX
 A developer of an “electrical facility” must obtain a state land easement/right-of-way certificate for projects proposed across any school or public lands from the South Dakota Department of School and Public Lands. 49 S.D. § 32-1, 49 S.D. § 7-16.
A developer must obtain a Utility Permit from the South Dakota Department of Transportation to install, relocate, or expand utility facilities on or near an interstate or non-interstate highway right-of-way.  70:04 S.D. §§ 05-05.01.
A utility constructing a transmission line that has obtained an Energy Facility Permit is entitled to the power of eminent domain. S.D. § 21-35-1.1.
TennesseeX
TexasX
Developers that require limited access on or across state land will need to obtain an easement or right-of-way from the General Land Office (GLO) submitting an Application for New Rights of Way/Miscellaneous Easements. Tex. Nat. Res. Code Ann. § 51.291(a). If the project requires access to coastal zones, the developer will need to submit an Application for State Land Use Lease: Commercial/Multi-Family to the GLO.
Developers of transmission projects encroaching on an existing state highway right-of-way may apply for permits from Texas Department of Transportation. District engineers have the authority to approve permits for construction of utility facilities or construction of a driveway facility at highway access points.
Electric cooperatives have the power of eminent domain, but may not exercise eminent domain over property of the state or any of its political subdivisions. Tex. Util. Code Ann. § 161.125. Electric corporations also have "the power to enter on, condemn, and appropriate land" of any person or corporation. Tex. Util. Code Ann. § 181.004.
UtahX
Developers of projects requiring new or modified access across state lands may apply for an easement with the Utah Division of Forestry, Fire and State Lands. Utah Admin. Code r.652-40-200.
Developers seeking to construct or maintain transmission lines in a Utah Department of Transportation (UDOT) right-of-way (ROW) must submit an Application for a ROW Encroachment Permit to the Utah Department of Transportation. If the proposed project encompasses a point of access, the developer must acquire a grant of access permit from UDOT.
Eminent domain may be exercised for the public use of "electric power lines." Utah Code Ann. § 78B-6-501(8).
VermontX
VirginiaX
WashingtonX
For construction of transmission lines over state land, project developers must obtain a right-of-way permit or easement from the Washington State Department of Natural Resources. Wash. Rev. Code § 79.36.350, Wash. Rev. Code § 79.36.510.
Washington State Department of Transportation
Developers of transmission lines within state highway right-of-ways must obtain a "utility permit" or "utility franchise" from the Washington State Department of Transportation. Wash. Admin. Code § 468-34-160.
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
WisconsinX
A developer of "utility lines" submits an application for a right-of-way to the Wisconsin Department of Natural Resources. [Wis. Admin. Code NR § 1.485]
A developer must obtain a Utility Permit to construct, operate, and maintain utility facilities within a state trunk highway right-of-way. 66 Wis. Stat. § 66.0831.
A "Wisconsin corporation engaged in the business of transmitting or furnishing heat, power or electric light for the public" may exercise eminent domain power "for the construction and location of its lines" pursuant to 32 Wis. Stat. § 32.02(5)(b). A rural electric cooperative association may exercise eminent domain power to generate, distribute, or furnish electric energy pursuant to 32 Wis. Stat. § 32.02(10). Generally a transmission developer may not utilize its eminent domain power for transmission projects requiring a Certificate of Public Convenience and Necessity (CPCN) from the Wisconsin Public Service Commission (WPSC) until after the developer receives the CPCN. 32 Wis. Stat. § 32.03(5)(a). For lower voltage lines where a Certificate of Authority (CA) is required, the developer may begin easement negotiations before the CA has been granted by the WPSC. Wisconsin Right-of-Ways Overview, at p. 4.
WyomingX
Developers of transmission projects crossing state lands must obtain a non-roadway easement from the Wyoming Office of State Lands and Investments. Applications for non-roadway easements and and temporary use permits are submitted to the Board of Land Commissioner.
Developers of transmission lines within state highway ROW must submit a Utility Permit application to the Wyoming Department of Transportation.
"Any person, association, company or corporation" may exercise the power of eminent domain to acquire "a way of necessity" for construction and maintenance of transmission lines. The way of necessity shall not exceed "100 feet in width on each side" of the transmission lines. Wyo. Stat. Ann. § 1-26-815.

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

State or Preemptive Authority
Transmission Siting Agency
Transmission Siting Process
Transmission Siting Threshold
Siting Act
Regulated Entity Definition
Public Utility Regulatory Authority Certification for Transmission Threshold
Permit Authorization
Permit Processing Timeframe
AlaskaX
The state retains preemptive authority over right-of-way leasing of state land for transmission purposes. Alaska Stat. § 38.35.010(b).
Regulatory Commission of Alaska
Transmission developers seeking to sell electricity are regulated as public utilities and must obtain a Certificate of Public Convenience and Necessity from the Regulatory Commission of Alaska. Developers must submit an application that is subject to notice, comment, and then ultimate approval by the Commission.
A Certificate of Public Convenience and Necessity is required for a "public utility" or "utility" seeking to sell excess capacity to the electric grid.
Alaska does not have an explicit siting act.
A "public utility" or "utility" includes every corporation whether public, cooperative, or otherwise, company, individual, or association of individuals, their lessees, trustees, or receivers appointed by a court, that owns, operates, manages, or controls any plant, pipeline, or system for furnishing, by generation, transmission, or distribution, electrical service to the public for compensation. AS 42.05.990(6).
Commencement of utility operations and receiving compensation for providing servces to customers.
The Commission must issue a final order, approving or disapproving the developer’s application for a Certificate of Public Convenience and Necessity, no later than 180 days after the Commission determines the developer’s application is complete. Alaska Stat. Ann. § 42.05.175.
ArizonaX
The Transmission Line Siting Committee may assert preemptive authority over local authorities if compliance with local ordinances, master plan or regulation is unreasonably restrictive and compliance is not feasible in view of technology available. A.R.S. § 40-360.06.
Arizona Transmission Line Siting Committee, Arizona Corporation Commission
Any utility planning to construct a transmission line designed to operate at 115kV or more must file an application for a Certificate of Environmental Compatibility prior to construction. A “utility” is defined, in part, as “any person engaged in the…transmission of electric energy.” “Person is defined as “any state or agency, or political subdivision thereof, or any individual, partnership, joint venture, corporation, city or county, whether located within or without this state, or any combination of such entities.” ARS 40 - Public Utilities and Carriers, ARS 40-360.
Transmission lines with a voltage of 115kV or greater
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.
A "public service corporation" must obtain a Certificate of Convenience and Necessity prior to constructing a transmission project. ARS 40-281.
Certificate of Environmental Compatibility (CEC)
A.R.S. § 40-360.07., In general, the Transmission Line Siting Committee (TLSC) has 180 days from the date the application is filed to either issue or deny a Certificate of Environmental Compatibility (CEC) application. Once the TLSC has made a decision, the application is forwarded to the Arizona Corporation Commission (ACC) for review. The ACC then has between 30-60 days to confirm, deny or modify the proposed CEC. A.R.S. § 40-360.04
CaliforniaX
Local jurisdictions acting pursuant to local authority are preempted from regulating electric power line projects constructed by public utilities subject to the California Public Utilities Commission jurisdiction, the public utilities shall consult with local governments concerning land use matters.
A electric public utility must obtain a Permit to Contruct from the California Public Utilities Commission before constructing certain power lines.
Electric power lines that are designed to operate between 50kV and 200kV.
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.
Certificate of Public Convenience and Necessity, and California Environmental Quality Act environmental analysis depending on voltage and whether the utility is investor-owned.
There is no statutorily defined timeframe for approval for public utilities. However, for private energy producers, the commission must make a determination regarding an application to construct transmission with 180 of receipt of the application. California – Cal. Pub. Util. Code §§ 2811 et seq., Interconnection of Facilities.
ColoradoX
Transmission permitting involves both state and local governments. However, the Colorado Public Utilities Commission may preempt local government decisions if certain conditions are met. C.R.S. 29-20-108.
Local governments, Colorado Public Utilties Commission (during appeals)
Varies by local government, but developers are required to notify all local governments of plans to site a transmission facility within the jurisdiction of the local government. This notice must take place before the developer files a request for a Certificate of Public Convenience and Necessity from the Colorado Public Utilities Commission. After notifying the affected local governments, the developer must consult with the affected local governments to identify routes and locations considered for the siting of the transmission facility. C.R.S. 29-20-108(4)(a).
Varies by local government.
Colorado does not have an explicit siting act.
“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 must obtain a Certificate of Public Convenience and Necessity from the Colorado Public Utilities Commission for new construction and extension of transmission facilities.4 CCR 723-3-3206, Construction or Extension of Transmission Facilities.
The Commission must issue a decision on the Certificate of Public Convenience and Necesity within 60 days from accepting a complete application. Local governments must make a final decision regarding transmission siting within 120 days of the utility's submission of a prelimary application, or within 90 days after submission of a final application.
HawaiiX
The Hawaii Public Utilities Commission has primary authority over siting transmission lines by public utilities.
Hawaii Public Utilities Commission, local governments
Public utilities must obtain a Utility Permit to construct, maintain, or reconstruct transmission activities.
None
Public utilities must obtain transmission line approval from Hawaii Public Utilities Commission to interconnect to the existing grid.
IdahoX
The Idaho Public Utilities Commission (IPUC) has authority to preempt local governments land use decisions pertaining to facilities within a National Interstate Electric Transmission Corridor (NIETC). If NIETC not present then a local land use permit would be required from the local government(s) affected, If NIETC is present, then a Route Permit or Certificate of Public Convenience and Necessity (CPCN) would be required from the IPUC. Idaho Statutes Title 61 Chapter 17 §61-1703-3.
Local governments, Idaho Public Utilities Commission
Transmission projects require local siting approval and may require a Route Permit from the IPUC.
Local permits: vary by local government entity and are triggered by zoning variance, building or special/conditional uses. Route Permit: Location within a NIETC and voltage of 115kV or greater. Idaho Code. Ann. §§ 61-526- 541, Idaho Code. Ann. §§ 61-1703-3, Idaho Code. Ann. § 67-6508.
Idaho Statutes Title 61 Chapter 17 §61-1703 (For transmission lines within a NIETC)
Any “electric corporation” seeking to construct a transmission line, plant, or system must receive a Certificate of Public Convenience and Necessity from the Idaho Public Utilities Commission (IPUC) before beginning construction. I.C. 61-526.
For a proposed transmission line located outside a NIETC: CPCN from the IPUC, and local land use permits. For a proposed transmission line located inside a NIETC: A Route Permit is required instead of a CPCN.
There is no statutorily defined timeframe.
IllinoisX
Illinois does not have a state comprehensive siting process for transmission facilities.
A “public utility” is defined to include “…every corporation, limited liability company, association, … partnership, or individual…that owns, controls, operates or manages, within in the State, directly or indirectly, for public use, any plant, equipment or property used or to be used for or in connection with, or owns or controls…the production, storage, transmission, sale, delivery or furnishing of heat, cold, power, electricity, water, or light…” 220 I.L.C.S § 5/3-105(a)-(a)(1).
A public utility must obtain a Certificate of Public Convenience and Necessity (CPCN) “…prior to the construction of any new plant, equipment, property or facility…” 220 I.L.C.S § 5/8-406.
There is no statutorily defined timeframe for permit processing of a CPCN, unless the Application meets the requirements of an expedited review process. ICC must issue its decision on an expedited Application within 150 days after the Application is filed. 220 I.L.C.S § 5/8-406.1(g).
IndianaX
Local governments maintain authority over the construction of high-voltage transmission lines.
A developer must obtain siting permission from the applicable local government to construct high-voltage transmission lines.
Depends on local authority.
Indiana does not have a state siting act.
A "new electric transmission owner" is defined as "...a corporation, company, partnership, limited liability company, or other organization that on the date of its incorporation or organization, does not own, operate, or maintain an electric transmission facility located in whole or in part in Indiana, and is incorporated or organized to construct, own, operate, and maintain an electric transmission facility located in whole or in part in Indiana." I.C. § 8-1-38-4.
A new transmission electric transmission owner must obtain approval to operate as a public utility in the state. Indiana Code § 8-1-38.
There is no statutorily defined timeframe for approval.
IowaX
Iowa Utilities Board has safety and siting authority over transmission lines.
A developer must obtain an Electric Transmission Line Franchise to site and construct transmission lines in Iowa. Iowa – Iowa Code §§ 478 et seq., Electric Transmission Lines, Iowa Admin. Code § 199.11.
69 kV or greater I.C. § 478.1(3).
Iowa does not have state specific siting act.
Iowa does not require other approval from the public utility commission for transmission projects.
Iowa does not require other approval from the public utility commission for transmission projects.
There is no statutorily defined timeframe for approval.
KansasX
Kansas Corporation Commission has the authority to regulate electric transmission lines.
An electric utility must obtain a Transmission Siting Permit before beginning site “…preparation, construction of an 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.
Electric transmission line projects that are 230 kV or greater and at least 5 miles in length.
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).
Kansas does not require other approval from the public utility commission for transmission projects.
Kansas Corporation Commission will issue a final order regarding a Transmission Siting Permit within 120 days of the application filing date. K.S.A. §§ 66-1180.
MichiganX
If the Michigan Public Service Commission (MPSC) grants a Certificate of Public Convenience and Necessity (Certificate), that Certificate takes precedence over conflicting local ordinances, laws, rules, regulations, policies, or practices that prohibit or regulate the location or construction of a transmission line for which the MPSC has issued a Certificate. MCL § 460.570(1).
Michigan does not have a state comprehensive siting process for transmission facilities.
An "affiliated transmission company" means a person, partnership, corporation, association, or other legal entity, or its successors or assigns, which has fully satisfied the requirements to join a regional transmission organization as determined by the federal energy regulatory commission, is engaged in Michigan this state 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).

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).
A “major transmission line” which 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 kilovolts or more. MCL §§ 460.562, 460.565.
There is no statutorily defined timeframe for approval.
MinnesotaX
The Minnesota Public Utility Commission’s authority to issue Route Permits for “… high-voltage transmission lines supersedes and preempts all zoning, building, or land use rules, regulations, or ordinances promulgated by regional, county, local and special purpose government.” Minn. Stat. § 216E.10(1).
A developer must obtain a Route Permit to construct or operate a high-voltage transmission line that operates at 100 kilovolts or more. Minn. Stat. § 216E.03(2).
100 kV or more.
A "large energy facility" includes "…any high-voltage transmission line with a capacity of 200 kilovolts 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 kilovolts or more and greater than 1,500 feet in length…." Minn. Stat. § 216B.2421(2)(2)-(3).
A developer must obtain a Certificate of Need from the Minnesota Public Utilities Commission to site or construct a large energy facility. Minn. Stat. § 216B.243(2).
Within twelve (12) months of the submission of the Certificate of Need Application, the Minnesota Public Utilities Commission (MPUC) must make a determination to either approve or deny a Certificate of Need. The MPUC may extend the time period upon receiving the consent of the parties or on its own motion, for good cause, by issuing an order explaining the good cause justification for extension. Minn. Stat. § 216B.243(5).
MissouriX
The Missouri Public Service Commission had preemptive authority over conflicting municipal ordinances.
Missouri does not have a comprehensive siting process. However, electrical corporations may need to obtain a Certificate of Convenience and Necessity from the Missouri Public Service Commission.
Missouri does not have a comprehensive siting process.
Missouri does not have state specific siting act.
An “electric corporation” includes an owner or operator of an electric plant . . . furnishing or transmitting electricity for light, heat, or power. Mo. Rev. Stat. § 393.140.1, Mo. Rev. Stat. § 386.020. An “electric plant” is defined as “. . . all real estate, fixtures and personal property operated, controlled, owned, used or to be used for or in connection with or to facilitate the generation, transmission, distribution, sale or furnishing of electricity for light, heat or power, and any conduits, ducts or other devices, materials, apparatus or property for containing, holding or carrying conductors used or to be used for the transmission of electricity for light, heat or power.” Mo. Rev. Stat. § 386.020(14).
An electrical corporation must obtain a Certificate of Convenience and Necessity (CCN) from the Missouri Public Service Commission prior to constructing an electric plant. Mo. Rev. Stat. § 393.170.1.
There is no statutorily defined timeframe for approval.
MontanaX
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. Montana Code 75-20-301
Montana Department of Environmental Quality. Montana Code 75-20
A regulated transmission facility must obtain a Certificate of Compliance before constructing a facility, which includes electric transmission lines and associated facilities. MCA 75-20-104(8). Montana Code 75-20-211, Montana Administrative Rules 17-20-924.
Transmission facilities with a design capacity of more than 69 kV. Montana Code 75-20-104.
Montana Major Facility Siting Act (MFSA) Montana Code 75-20.
The term "public utility" includes every public and private corporation within the state that supplies "power in any form or by any agency." Mont. Code Ann. §69-3-101.
Montana does not require other approval from the public utility commission for transmission projects.
The Montana Department of Environmental Quality shall issue a report of its findings within nine months following acceptance of an application for a facility. Mont. Code Ann. §75-20-216. An applicant for a facility that is unlikely to result in adverse environmental impacts may apply for expedited review where the Commission has "90 days from the date on which an application is considered complete for that facility" to issue certification. Mont. Code Ann. §75-20-231.
NebraskaX
Nebraska Public Service Commission for certain lines outside any incorporated city or village. 75 N.R.S. §§ 709-710.
Nebraska Public Service Commission, Nebraska Power Review Board
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.
Transmission lines that exceed 1,500 volts that will be located within a quarter mile of any existing electric line or are in excess of 700 volts that will be located within 500 feet of any existing electric lines or railroad signal lines. 75 N.R.S. § 710, 291 N.A.C. § 002.01.
Nebraska does not have a state siting act.
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
The Nevada Public Utilities Commission has exclusive jurisdiction with regard to the determination of whether a need exists for a utility facility. [N.R.S. 704].
Nevada Public Utilities Commission (PUCN), local government
Transmission projects may need to obtain a Utilities Environmental Protection Act Permit from the Public Utilities Commission of Nevada (PUCN) prior to construction. A developer may also need to obtain Certificate of Convenience and Necessity from the PUCN.
A Utilities Environmental Protection Act Permit is required for transmission lines 200kV or more.
The term “public utility” includes “[a]ny plant or equipment, or any part of a plant or equipment, within this State for the production, delivery or furnishing for or to other persons, including private or municipal corporations, heat, gas, coal slurry, light, power in any form or by any agency, water for business, manufacturing, agricultural or household use, or sewerage service, whether or not within the limits of municipalities.” See NRS 704.020(2)(a).
Any person who will own, control, operate, or maintain a public utility must obtain a Certificate of Public Convenience and Necessity from the Public Utilities Commission of Nevada before constructing the facility. NRS 704.330
The Public Utilities Commission will grant or deny an application within 150 days after an application is filed (for applications not requiring federal review). Nev. Rev. Stat. § 704.8905.
New MexicoX
No Location Permit may be approved by the New Mexico Public Regulation Commission (NMPRC) that violates an existing state, county, or municipal land use statutory or administrative regulation unless NMPRC finds that the regulation is unreasonably restrictive and not in the interest of the public convenience and necessity. N.M.S. 62-9-3.
Any person proposing to construct transmission lines may need to obtain a Location Permit with the New Mexico Public Regulation Commission (NMPRC). NM Stat. 62-9-3(B). Any person proposing to construct transmission lines with a capacity of 230 kV or more must file an Application for a Location Permit with the New Mexico Public Regulation Commission. N.M.S. 62-9-1.“Person” is defined as “an individual, firm, partnership, company, rural electric cooperative, corporation or lessee, trustee or receiver appointed by any court.” NM Stat. 62-3-3(E). Public utilities must also obtain a Certificate of Public Convenience and Necessity from the NMPRC for certain transmission projects.
Transmission lines 230 kV or more. N.M.S. 62-9-1, N.M.S. 62-9-3.2.
New Mexico Statutes (N.M.S.) 62-9-1, 62-9-3(B), and 62-9-3.2
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).
A public utility proposing to develop a high voltage transmission line must first obtain a Certificate of Public Convenience and Necessity from the New Mexico Public Regulation Commission. NM Stat. 62-9-1(A).
New Mexico does not have a statutorily required time frame.
North DakotaX
The North Dakota Public Service Commission has siting authority over transmission lines. N.D. Century Code § 49-22.
A developer must obtain a Certificate of Site or Corridor Compatibility and a Route Permit (also referred to as a Transmission Facility Siting Permit) from the North Dakota Public Service Commission prior to constructing or operating transmission lines that carry voltages in excess of 115 kVs and that extend one or more miles in length. N.D. Century Code § 49-22-07, N.D. Century Code § 49-22-08.1.
Electric transmission lines that are 115 kV or greater and at least 1 mile in length.
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. Century Code § 49-03-01.5(4). An "electric public utility" is defined as, “a privately owned supplier of electricity offering to supply or supplying electricity to the general public.” N.D. Century Code § 49-03-01.5(2). An "electric transmission line" is defined as, “facilities for conducting electric energy at a design voltage of one hundred fifteen kilovolts or greater phase to phase and more than one mile [1.61 kilometers] long.” N.D. Century Code § 49-03-01.5(3).
An electric transmission provider may not begin construction or operation of an electric transmission line interconnecting with an electric transmission line owned or operated by an electric public utility without first obtaining a Certificate of Public Convenience and Necessity from the North Dakota Public Service Commission. N.D. Century Code § 49-03-01(2).
There is no statutorily defined timeframe for approval.
OhioX
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" must obtain a Certificate of Environmental Compatibility and Public Need prior to preparing a site for the construction of an electric transmission line.  O.R.C. § 4906.04, O.R.C. § 4906.98(A)
125 kV or greater
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 a 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.
The Ohio Power Siting Board must approve or deny the Certificate Application within a reasonable period of time of the hearing. O.R.C. § 4906.11.
OregonX
A Site Certificate from the Energy Facility Siting Council (EFSC) preempts all other Oregon law and “shall bind the state and all counties and cities and political subdivisions in this state as to the approval of the site and the construction and operation of the facility. However, the EFSC does not have jurisdiction over matters delegated by the federal government to other state agencies. O.R.S. § 469
Oregon Energy Facility Siting Council, Local Governments (Counties and Municipalities) if chosen by the applicant to make a decision as to compliance with local land use policies or if the facility is under local jurisdiction.
A energy facility must obtain a Site Certificate prior to construction. O.R.S. § 469, O.A.R. 345-021, O.A.R. 660-033, O.A.R. 660-006
A Site Certificate is required for transmission projects 230 kV or greater more than 10 miles long.
“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.
A developer proposing to construct an overhead transmission line which will require the condemnation of land or an interest in the condemnation of land, they must petition the Oregon Public Utility Commission for a Certificate of Public Convenience and Necessity.
There is no statutorily defined time frame.
South DakotaX
An Energy Facility Permit for a transmission facility may supersede or preempt any local land use, zoning, or building rules, regulations, or ordinances upon a finding by the South Dakota Public Utilities Commission that such rules, regulations, or ordinances are unreasonably restrictive. 49 S.D. § 41B-28.
A developer may need to obtain an Energy Facility Permit prior to constructing an “energy conversion facility” or “transmission facility.” 49-41B S.D. § 4.
Transmission capacity of more than 115 kV or generating capacity of more than 100 mW.
South Dakota does not have a state specific comprehensive siting act for transmission lines.
A "transmission facility" is "an electric transmission line and associated facilities with a design of more than one hundred fifteen (115) kilovolts." 49-41B S.D. § 2.1(1).
South Dakota does not require approval from the state public utility authority.
South Dakota Public Utilities Commission must make a decision whether to grant, deny, or grant upon conditions the permit within one year of receiving the application. 49-41B S.D. § 24.
TexasX
The Texas Public Utility Commission does not have preemptive authority over local determinations of whether or not to grant a franchise or permit for road use.
Developers of new transmission facility must submit an application demonstrating possession of necessary franchise or permit from the municipal or state authority in order to obtain a Certificate of Convenience and Necessity from the Public Utility Commission of Texas.
Transmission lines that are greater than 60 kV.
Texas does not have a state specific comprehensive siting act for transmission lines.
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).
Any electric utility needs a Certificate of Convenience and Necessity before providing "service to the public under a franchise or permit." Tex. Util. Code Ann. § 37.051(a).
"The commission must either approve or deny an application" for a Certificate of Convenience and Necessity for a new facility no later than one year after the application is filed. Tex. Util. Code Ann. § 37.057.
UtahX
The Utah Public Service Commission does not have direct siting authority over high-voltage transmission lines. The Utah Facility Review Board cannot preempt a local siting decision, however, it may require the local government to alter its conditions or requirements. U.C.A. 54-14.
Utah Facility Review Board, Local Governments (Counties and Municipalities)
Transmission projects require approval from local government entities. The transmission siting process varies by local government. In addition, "electric corporations" may need to obtain a Certificate of Public Convenience and Necessity from the Utah Public Service Commission.
Varies by local government for transmission lines with a capacity of less than 230 kV. U.C.A. 54-18.
A “electric corporation,” is defined as “every corporation, cooperative association, and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any electrical plant, or in any way furnishing electric power for public service or to its customers or members for domestic, commercial, or industrial use…” Utah Code Ann. 54-2-1 (7)(a).
An electric corporation “may not establish, or begin construction or operation of a line…or any extension of a line” without first obtaining a Certificate of Public Convenience and Necessity from the Utah Public Service Commission. T Utah Code Ann. 11-13-304(2)(b).
The Commission shall issue a certificate of convenience and necessity within 30 days after the application is filed. In the case that there is a hearing protesting the Commission's determination, "the commission shall issue its order within 45 days after the hearing" is concluded. Utah Code Ann. § 54-4-25(5) .
WashingtonX
The Energy Facility Site Evaluation Council has preemptive authority over all other state and local agencies R.C.W. 80-50.
Local governments, Washington Energy Facility Site Evaluation Council
A developer may need to obtain a Site Certification Agreement from the Washington Energy Facility Site Evaluation Council to construct or modify a energy facility. EFSEC Generalized Siting Process Flowchart.
or a transmission line is located within a National Interstate Electric Transmission Corridors. R.C.W. 80-50., Projects may be permitted under the Washington Energy Facility Site Evaluation Council process for transmission projects that are 115 kV and higher voltage in which the developer opts-in to the state process
Energy Facility Site Location Act R.C.W. 80-50.
"An ""energy facility"" includes energy plants and transmission facilities. RCW 80.50.020. The Energy Facility Site Evaluation Council must evaluate a proposed project, before approval, to ensure that all environmental and socioeconomic impacts are considered.
Transmission developers may choose to opt-in to the state process or carry out siting and permitting at the local level. Proposed Transmission Lines within National Interstate Electric Transmission Corridors are subject to Energy Facility Site Evaluation Council process and approval. A Site Certification Agreement is required.
There is no statutorily defined time frame for approval of certifications, but an applicant may apply for and be granted an expedited processing of their application if their project has no significant or mitigated environmental harm. Wash. Rev. Code § 80.50.075.
WisconsinX
Wisconsin Public Service Commission has primary siting authority over transmission lines.
The Wisconsin Public Service Commission has two separate review processes for transmission projects. The process required depends on the voltage, length, and cost of the project.
Transmission projects that are 345 kV or greater or 100 kV, over one mile long, and needing a new right of way require a Certificate of Public Convenience and Necessity. Transmission projects less than 100 kV require a Certificate Authority.
An electric public utility is defined as “…every corporation, company, individual, association…town, village, or city that may own, operate, manage or control…all or any part of a plant or equipment within the state, for the production, transmission, delivery or furnishing of heat, light, water, or power either directly or indirectly to or for the public.” 196 Wis. Stat. §196.01(5)(a)-(b).
A developer may need a Certificate of Authority (CA) or a Certificate of Public Convenience and Necessity (CPCN) from the Wisconsin Public Service Commission to construct a new electric transmission facility. CPCN: 100 kV or more that exceed 1 mile in length. CA: required to render new electric retail service in a municipality, to interconnect a transmission system with another electric utility, or to construct an electric utility facility.
196 Wis. Stat. § 196.491(g), Certificate of Public Convenience and Necessity (CPCN): Wisconsin Public Service Commission (WPSC) must make a determination on a CPCN within 180 days after the application is considered complete. Certificate of Authority (CA): WPSC must take final action on the application within 180 days after WPSC issues a notice of hearing on the application. 196 Wis. Stat. § 196.49(5r)(a)
WyomingX
The Wyoming Infrastructure Authority has jurisdiction over transmission projects within the state, and has the authority to preempt local decisions regarding transmission siting and construction. W.S. 37-2.
Wyoming Infrastructure Authority
A developer must obtain a permit from the Industrial Siting Council (ISC) for projects that qualify as an “industrial facility.” Wyo. Stat. § 35-12-106(a).
An “industrial facility” is defined to include any facility whose estimated construction costs are 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).
A “public utility” is defined to mean “every person that owns, operates, leases, controls, or has the power to operate, lease, or control: any plant, property or facility for the generation, transmission, distribution, sale or furnishing to or for the public of electricity for light, heat or power, including any conduits, ducts or other devices, materials, apparatus or property for containing, holding or carrying conductors used or to be used for the transmission of electricity for light, heat or power.” Wyo. Stat. § 37-1-101(a)(vi).
Public utilities must obtain a Certificate of Public Convenience and Necessity from the Wyoming Public Service Commission before constructing a transmission line.
Wyoming Industrial Siting Act Permit (Section 107 and Section 109)
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 Process
Environmental Review Regulatory Agency
Environmental Review Threshold
Applicable Memorandum of Understanding
AlaskaX
Developers must participate in a best interests finding for certain projects. The best interests finding is a written analysis that describes for the public the facts and applicable law that are relevant to the disposal and gives a decision based on certain factors.
Alaska Department of Natural Resources
A best interest finding is required if the project requires the State of Alaska to sell, lease, or otherwise dispose of state land.
No.
ArizonaX
To obtain a Certificate of Environmental Compatibility the applicant must provide a description of the proposed facility and any environmental studies the applicant has or intends to perform in connection with the proposed facility. The TLC considers existing state and local plans, wildlife, noise pollution, and existing environmentally significant sites. Ariz. Admin. Code § R14-3-219; A.R.S. § 40-360.06.
Arizona Corporation Commission, Arizona Transmission Line Siting Committee
Any public service corporation is subject to environmental review required for a Certificate of Environmental Compatibility permit.
No.
CaliforniaX
Proposed transmission project of 200 kV or higher, that require a Certificate of Public Convenience and Necessity and those proposed projects of 50 kV to 200 kV, that require a Permit to Construct must comply with the California Environmental Quality Act.
California Public Utilities Commission
200 kV or higher, and 50 kV to 200 kV tranmission projects
No.
ColoradoX
Colorado does not have a state specific environmental review process.
No.
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
HawaiiX
Hawaii's State Environmental Policy Act requires a environmental asssessment, unless exempt, of most proposed projects, and if the impact of the proposed project is significant the project must undergo the environmental impact statement process.
Hawaii Department of Health Office of Environmental Quality Control
Any project proposing to use state or county lands or funds, or lands within conservation districts, shoreline areas, historic sites, in the Waikiki Special District or proposals for a...waste-to-energy facility or power generating facility according to Hawaii Revised Statutes Chapter 343-5, unless otherwise exempt.
No.
IdahoX
Idaho does not have a state specific environmental review process.
No.
IllinoisX
Illinois does not have a state specific environmental review process.
No.
IndianaX
Indiana has a state specific environmental review process, but the review does not apply when state agencies are issuing permits or licenses.
No.
IowaX
Iowa does have a state specific environmental review process.
No.
KansasX
Kansas does not have a state specific environmental review process.
No.
MassachusettsX
MichiganX
Michigan does have a state specific environmental review process.
No.
MinnesotaX
Bulk transmission projects must comply with the Minnesota Environmental Policy Act. The scope of the environmental review depends on the size of the project and the lead agency in charge. Depending on the type of project the lead agency may issue either an Environmental Report, Environmental Assessment, or an Environmental Impact Statement to assist in the decision to issue a Certificate of Need or Route Permit. Minnesota Department of Commerce; Minnesota Public Utilities Commission, the local governmental unit.
"Any governmental action or project the results of which would cause physical manipulation of the environment, directly or indirectly...." Minn. Stat. § 116D.04, Minnesota – Minn. Admin. R. §§ 4410 et seq., Environmental Review.
No.
MissouriX
Missouri does not have a state specific environmental review process.
No.
MontanaX
If a project requires a state agency action, the agency and the developer must comply with the Montana Environmental Policy Act (MEPA) unless the activities are otherwise exempt/excluded under MEPA.
Montana Department of Environmental Quality, Montana Environmental Quality Council
If a state agency action is required.
No.
NebraskaX
Nebraska does not have a state specific environmental review process.
No.
NevadaX
Utility facilities must go through a Utility Environmental Protection Act review prior to commencing construction.
Nevada Public Utilities Commission
All utility facilities are subject to environmental review. A utility facility includes electric transmission lines and substations that are designed to operate at 200 kV or more constructed outside of any incorporated city. NRS 704.860.
No.
New HampshireX
New MexicoX
New Mexico does not have a state specific environmental review process.
No.
North CarolinaX
North DakotaX
North Dakota does not have a state specific environmental review process.
No.
OhioX
Ohio does not have a state specific environmental review process.
No.
OregonX
Although Oregon does not have a state specific environmental review process, all site certificates are sent to various environmental agencies for comment and recommendation prior to Energy Facility Siting Council approval.
No.
PennsylvaniaX
Rhode IslandX
South CarolinaX
South DakotaX
Most development projects may need to go through a state environmental review. 34A-9 S.D. § 1 et seq.  The South Dakota Environmental Policy Act (SDEPA) requires state agencies to study the environmental consequences of their actions, including permitting and financial assistance, and to take all feasible measures to avoid, minimize, and mitigate damage to the environment.  SDEPA Memorandum, at p. 1.
South Dakota Department of Environmental and Natural Resources
Any new or continuing project or activity directly undertaken by any public agency, or supported in whole or in part through contracts, grants, subsides, loans, or other forms of funding assistance from one or more public agencies, or the issuance by one or more public agencies of a lease, permit, license, certificate, or other public entitlement to an applicant (developer). 34A-9 S.D., § 2
No.
TexasX
None
None
No.
UtahX
Utah does not have a state specific environmental review process.
No.
WashingtonX
The Washington State Environmental Policy Act (SEPA) requires all governmental agencies to consider the environmental impacts of a proposal before making decisions.
Washington Department of Natural Resources
Any state or local agency decision that meets the definition of project action or non project action and is not categorically exempt. Project actions include agency decisions to license, fund, or undertake a specific project, purchase, sell, lease, transfer or exchange natural resources, including publicly owned land, whether or not the environment is directly modified. Nonproject actions involve decisions on policies, plans, or programs.
No.
West VirginiaX
WisconsinX
For bulk transmission projects the lead agencies responsible for complying with the Wisconsin Environmental Policy Act (WEPA) will generally initiate an environmental assessment and/or environmental impact statement when reviewing the proposed project for a Certificate of Public Convenience and Necessity and/or a Certificate of Authority.
Wisconsin Public Service Commission, Wisconsin Department of Natural Resources
Unless exempt, . . . "major agency actions, . . . "including but not limited to licensing, permitting, and leasing decisions . . . significantly affecting the quality of the human environment must comply with WEPA." 1 Wis. Stat.§ 1.11, N.R. 150 Wis. Stat. §§ 150.04
No.
WyomingX
Wyoming Industrial Siting Act (WISA) Permit
Industrial Siting Council
Whether the transmission project is an "industrial facility" under the Act in meeting the estimated construction cost threshold. Wyo. Stat. Ann § 35-12-102(a)(vii).
No.