HB 5940 — Public utilities: electric utilities; electronic transmission infrastructure; allow to use existing rights-of-way. Amends sec. 13 of 1925 PA 368 (MCL 247.183) & adds sec. 13a.

HB-5940, As Passed House, August 26, 2026 SUBSTITUTE FOR HOUSE BILL NO.

(1) Except as otherwise provided under subsection (2), telegraph, telephone, power, and other public utility JJR H05884'25 (H-2)(H-2)_HB5940_APH_1 skp769bk84ut 1 companies, cable television companies, broadband companies, and municipalities may enter upon, construct, and maintain telegraph, telephone, or power lines, pipelines, wires, cables, poles, conduits, sewers or similar structures upon, over, across, or under any public road, bridge, street, or public place, including, longitudinally within limited access highway rights-of-way, and across or under any of the waters in this state, with all necessary erections and fixtures for that purpose.

The standards may provide for the imposition of a reasonable charge JJR H05884'25 (H-2)(H-2)_HB5940_APH_1 skp769bk84ut 1 for longitudinal use of limited access highway rights-of-way.

(4) A person engaged in the collection of traffic data or the JJR H05884'25 (H-2)(H-2)_HB5940_APH_1 skp769bk84ut 1 provision of travel-related information or assistance may enter upon, construct, and maintain electronic devices and related structures within limited access and other highway rights-of-way in accordance with standards approved by the state transportation commission that conform to governing federal laws and regulations.

(2) The state transportation department shall share all known plans with a utility, independent transmission company, or JJR H05884'25 (H-2)(H-2)_HB5940_APH_1 skp769bk84ut 1 affiliated transmission company regarding potential future projects that may impact the placement of a transmission line by that utility, independent transmission company, or affiliated transmission company.

(5) If a substantial change to the state transportation department's 5-year plan is necessary due to unforeseen circumstances in a location that a utility, independent transmission company, or affiliated transmission company has submitted a written request to collocate, after an updated 5-year plan is published but before the next 5-year plan is set to be published, the state transportation department must inform that JJR H05884'25 (H-2)(H-2)_HB5940_APH_1 skp769bk84ut utility, independent transmission company, or affiliated transmission company in writing as soon as is practical.

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