Relating to land restoration following the initial construction of electric transmission lines, and including effective date and retroactive applicability provisions

The bill requires electric transmission owners to remove all nonnative rocks larger than three inches in diameter from the easement area. The disposal of rock that cannot be used as backfill must be done at a location and in a manner agreed to between the electric transmission owner and the landowner. The bill requires the electric transmission owner to till agricultural land affected by construction, including right-of-way access points or roads, after electric transmission line construction activities are completed on the affected property. The land must be tilled at least inches deep in land used for crop production and inches deep in all other land, unless otherwise agreed to by the landowner. The bill requires the electric transmission owner to restore soil conservation practices and structures damaged during construction to their previous state, compact the soil used to repair embankments intended to retain water, and reestablish any vegetation disturbed during construction, including cover crops. The bill requires the electric transmission owner to reseed the agricultural land, excluding row crops and small grain production, following compaction of the land. Seeding for cover crops may be delayed if construction is completed too late in the year, and is not required if the land will be tilled the following year. When the season is not suitable for the seeding of cover crops, the landowner may request ground cover to prevent soil erosion. The bill requires the electric transmission owner to remove all field entrances and temporary roads used during construction and to restore the areas to their previous state following the completion of the initial construction. The bill requires the electric transmission owner to use good practices when constructing in wet conditions and to grade and till any rutted land in order to restore the land to its original condition to the extent practicable. Additionally, the bill allows the landowner to repair damage caused by construction in wet conditions. The electric transmission owner shall then reimburse the landowner for reasonable costs of repair. The bill requires an electric transmission owner to utilize mudflats, mats, or other measures to minimize soil disturbance when using heavy equipment in wetlands. The bill requires the electric transmission owner to provide contact information to all persons affected by the construction of each transmission line. The bill allows the commission to appoint an inspector to determine compliance with restoration standards in the event the electric transmission owner and the landowner dispute over potential violations. The cost of the inspection shall be paid by the electric transmission owner. If the inspector determines there have been violations of the restoration standards, the commission will provide oral and written notice to the electric transmission owner. The commission will order corrective actions be taken to comply with the standards. The costs of the corrective actions will be borne by the electric transmission owner. The bill allows the commission to issue an order requiring corrective action and impose civil penalties if the electric transmission owner or its contractor do not comply with the required standards. The bill requires the commission to instruct the inspectors on the statutes, rules, and responsibilities regarding restoration standards. The bill requires petitioners for a franchise for electric transmission construction to file a land restoration plan outlining how the construction will conform to the required standards. The restoration plan will also be provided to all property owners affected by the construction. The bill allows alternative provisions in independent agreements with landowners regarding protecting or restoring property as long as these provisions are in writing and are provided to the commission. The bill allows electric transmission owners to propose alternate methods of land restoration to the commission. The commission, by waiver, may allow variations to the land restoration requirements if the proposed alternate methods would restore the land to a condition as good or better than those required by the bill. The bill allows the commission to waive the preparation of a separate land restoration plan, in whole or in part, if the electric transmission owner satisfies the requirements through similar agreement with other agencies in the state. The relevant agreements must be filed with the commission.17. The bill takes effect upon enactment. The bill applies retroactively to an electric transmission line included in a federally registered planning authority long-term transmission plan approved on or after July 1, 2022.