Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 36 No. 36, September 10, 2010 issue of the Florida Administrative Weekly.

In response to a hearing held on November 9, 2010, proposed subsections (3) and (4) are being deleted.

(3) The FDOT Chief Engineer shall review all permit applications for electric transmission lines designed to operate at 69 or more kilovolts within FDOT limited access right of way for compliance with the UAM and this rule.

(a) FDOT will permit a utility agency/owner (UAO) to place electric transmission lines (above or below ground) longitudinally on FDOT limited access right of way provided the UAO documents in the permit application that the electric transmission lines comply with the following conditions:

~~1. The transmission lines are designed to operate at 69 kilovolts or greater.~~

~~2. The transmission lines are needed to accommodate the additional electrical transfer capacity on the transmission grid resulting from a new base-load generating facility.~~

~~3. The installation, operation, and maintenance will be limited to areas outside the minimum clear zone for that facility.~~

~~4. The placement will be along a highway within FDOT limited access right of way.~~

5. The installation, operation, or maintenance of the transmission lines will not interfere with the operational requirements or future expansion of the transportation facility. The UAO shall provide a schedule of all anticipated maintenance, activities, upgrades, expansions, and periodic inspections.

6. The use of FDOT limited access right of way is the only practical alternative. In order to demonstrate the use of the right of way is the only practical alternative, the UAO shall provide an analysis of other possible alternatives and shall compare the use of such alternatives to the use of FDOT limited access right of way. These alternatives shall include, at a minimum, using existing utility corridors, easements, property contiguous to FDOT right of way, and other routes. For each alternative, including the use of FDOT limited access right of way, the UAO shall address all of the following:

~~a. Impacts to adjacent property owners;~~

~~b. Cost of acquiring land to accommodate the transmission lands;~~

~~c. Economic impact to the UAO, the community, and FDOT;~~

~~d. Environmental impact to the community and FDOT;~~

~~e. All safety impacts.~~

(b) Prior to the issuance of the permit, the UAO shall pay a fee to FDOT based upon the area of land needed to accommodate the installation, operation, maintenance of the transmission lines, and geographic region. When the utility facility is to be located in an urban area, as defined by Section 334.03(32), F.S., the fee shall be $609,840.00 per acre. For all other locations, the fee shall be $87,120.00 per acre. If the utility is relocated or removed in the future for expansion or improvement of the transportation facility, the UAO will relocate or remove the utility from the facility at its sole expense, and is not eligible for any state or federal reimbursement.

~~(c) The Utility Permit Form FDOT 710-010-85 shall be conformed to the requirements of this subsection.~~

(4) Electric transmission lines designed to operate at 69 or more kilovolts within FDOT non-limited access right of way, and electric transmission lines designed to operate at 69 or less kilovolts within FDOT right of way, shall comply with the provisions of the UAM.