```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2398 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  1st Session
                                S. 2398

     To amend title 23, United States Code, to accommodate certain 
        facilities within rights-of-way on Federal-aid highways.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 20, 2021

  Mr. Ossoff introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL

 
     To amend title 23, United States Code, to accommodate certain 
        facilities within rights-of-way on Federal-aid highways.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sustainable Highways Innovation 
Act''.

SEC. 2. ACCOMMODATION OF CERTAIN FACILITIES WITHIN ANY RIGHT-OF-WAY ON 
              A FEDERAL-AID HIGHWAY.

    Section 109 of title 23, United States Code, is amended--
            (1) in subsection (l)--
                    (A) by striking paragraph (2);
                    (B) by striking the subsection designation and all 
                that follows through ``In determining'' in paragraph 
                (1) in the matter preceding subparagraph (A) and 
                inserting the following:
    ``(l) Accommodating Utility Facilities in the Right-of-Way.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Right-of-way.--The term `right-of-way' means 
                any real property, or interest therein, acquired, 
                dedicated, or reserved for the construction, operation, 
                and maintenance of a highway.
                    ``(B) Utility facility.--
                            ``(i) In general.--The term `utility 
                        facility' means any privately, publicly, or 
                        cooperatively owned line, facility, or system 
                        for producing, transmitting, or distributing 
                        communications, power, electricity, light, 
                        heat, gas, oil, crude products, water, steam, 
                        waste, storm water not connected with highway 
                        drainage, or any other similar commodity, 
                        including any fire or police signal system or 
                        street lighting system, that directly or 
                        indirectly serves the public.
                            ``(ii) Inclusions.--The term `utility 
                        facility' includes--
                                    ``(I) alternative fueling 
                                infrastructure;
                                    ``(II) a renewable energy 
                                generation facility;
                                    ``(III) electrical transmission and 
                                distribution infrastructure; and
                                    ``(IV) broadband infrastructure and 
                                conduit.
            ``(2) Accommodation.--In determining''; and
                    (C) by adding at the end the following:
            ``(3) State approval.--A State, on behalf of the Secretary, 
        may approve accommodating a utility facility described in 
        paragraph (1)(B)(ii) within a right-of-way on a Federal-aid 
        highway.''; and
            (2) by adding at the end the following:
    ``(s) Vegetation Management.--Notwithstanding any other provision 
of law, States are encouraged to implement, or to enter into 
partnerships to implement, vegetation management practices, such as 
increased mowing heights and planting native grasses and pollinator-
friendly habitats, along a right-of-way on a Federal-aid highway, if 
the implementation of those practices--
            ``(1) is in the public interest; and
            ``(2) will not impair the highway or interfere with the 
        free and safe flow of traffic.''.
                                 <all>
```