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SB 933

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.

2025-2026 Regular Session Introduced by Rosemary Bayer

SB 933 streamlines placement of electric transmission, telecom, and related infrastructure in Michigan’s public rights-of-way, with coordinated planning and cost-sharing.

REFERRED TO COMMITTEE ON ENERGY AND ENVIRONMENT
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Bill Summary · SB 933

Summary of SB 933 (Michigan) – 2025-2026 Session

Purpose and intent

SB 933 proposes to update and expand the framework governing how electric utilities, broadband and cable companies, and municipalities may use and establish facilities within the state’s highway and roadway rights-of-way and public rights-of-way. The bill adds new sections (including Section 13a) and amendments to Section 13 of 1925 PA 368, with a focus on facilitating collocation and deployment of electric transmission infrastructure and related assets while outlining coordination, rights, permits, and costs associated with use of limited-access highway rights-of-way.

Key provisions and changes

Section 13 – General rights to enter and construct

  • Public utilities (telegraph, telephone, power), cable/broadband companies, and municipalities may enter, construct, and maintain lines, pipelines, wires, poles, conduits, sewers, and similar structures on:
    • Public roads, bridges, streets, public places
    • Within limited-access highway rights-of-way (longitudinally)
    • Across or under waters in Michigan
  • Before commencing work, these entities must obtain consent from the governing body of the city, village, or township through which the work will occur.

Section 13(2) – State-identified utility corridors and right-of-way use

  • Utilities defined to include entities under the 23 CFR 645.105 (per federal regulations) may:
    • Enter and locate lines/structures longitudinally within limited-access highway rights-of-way and under intersections at different grades
    • Do so in accordance with standards approved by the Michigan Public Service Commission (MPSC) and the State Transportation Department (STD)
    • Collocation of projects (including aboveground lines) within these rights-of-way is allowed
    • Standards require lines/structures to be underground and placed so as not to increase highway maintenance costs
    • The standards may permit a reasonable charge for longitudinal use, intended as a government function (not a proprietary function)
    • Establishes a one-time installation permit fee not to exceed $1,000 per mile of longitudinal use, with a minimum per-permit fee of $5,000
    • If the fee does not cover actual costs, the STD may bill the utility for the remaining balance
    • Revenue collected must be used for capital/maintenance expenses of limited-access highways (including permit issuance costs)

Section 13(3) – Relocation and waivers

  • Localities or the state may require relocation of facilities (per relocations requested by localities or state entities)
  • Relocation permits may be required, but any permit fees related to relocation must be waived
  • This waiver does not apply if the relocation request is due to facilities placed in locations not authorized by current/previous permits

Section 13(4) – Data collection and traffic information devices

  • Allows entry, construction, and maintenance of electronic devices for traffic data collection or travel-related information within rights-of-way
  • Standards ensure devices do not impede traffic or increase maintenance costs
  • STD may enter into agreements to authorize use of highway property for commercial or noncommercial data collection/telemetry
  • Revenue from these agreements must be deposited in the state trunk line fund
  • The department may accept in-kind contributions or data-related services in lieu of monetary compensation

Section 13a – Coordination and planning for transmission lines

  • On written request, the STD must coordinate with a utility or transmission line developer to review highway corridors for permissible transmission line locations
  • STD must share known plans with the utility/developer
  • If a permittable corridor is identified, STD and the utility/developer must prepare a constructability report for collocation planning and approval
  • The constructability report must be approved by both parties before STD issues a permit
  • The report includes terms/conditions for the collocation project and a mutually agreed timeframe during which the STD will not request relocation
  • If STD must relocate a transmission line in a highway right-of-way, STD must give at least 5 years’ notice to the utility

Definitions: “Transmission line” means a high-voltage transmission line.

Who is affected

  • Public utilities (telegraph, telephone, electric/power), cable television companies, broadband providers, and municipalities seeking to place or relocate infrastructure within public roadways and limited-access highway rights-of-way
  • Local governments (cities, villages, townships) and county road commissions
  • State agencies: Michigan Department of Transportation (State Transportation Department) and Michigan Public Service Commission
  • Utilities seeking to collocate or relocate transmission lines and related infrastructure
  • Entities engaged in traffic data collection or travel-information services

Procedural and timeline aspects

  • Coordination and consent: Local governing bodies must grant consent before work begins (Section 13(1))
  • Permitting framework: One-time installation permit fee framework with explicit maximums ($1,000 per mile; minimum $5,000 per permit) and cost recovery provisions (Section 13(2))
  • Fee waivers: Relocation-related permit fees waived when relocation is requested by local/state entities (Section 13(3))
  • Revenue use: Permit revenues directed to capital/maintenance of limited-access highways (Section 13(2))
  • Data devices: Standards for traffic data devices with revenue deposited into the state trunk line fund (Section 13(4))
  • Constructability planning: For transmission lines, a formal constructability report with mutual approval required prior to permits (Section 13a)
  • Notice for relocation: At least 5 years’ notice to utilities if a transmission line must be relocated within a highway right-of-way (Section 13a(5))

Legislative status

  • Introduced: April 23, 2026
  • Referred to: Senate Committee on Energy and Environment
  • Sponsor: Senator Rosemary Bayer (co-sponsor)

This summary captures the bill’s core aims: to streamline and regulate the placement and maintenance of electric transmission, communications, and related infrastructure within Michigan’s public rights-of-way, with an emphasis on coordination between state agencies and utilities, cost-sharing considerations, and a framework for collocation and future planning.

Compiled from official sources — confirm details with the bill’s official record.

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