II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Sustainable Highways 

5 Innovation Act’’. 

6 SEC. 2. ACCOMMODATION OF CERTAIN FACILITIES WITHIN 

7 ANY RIGHT-OF-WAY ON A FEDERAL-AID HIGH8 WAY. 

9 Section 109 of title 23, United States Code, is 

10 amended— 


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1 (1) in subsection (l)— 

2 (A) by striking paragraph (2); 

3 (B) by striking the subsection designation 

4 and all that follows through ‘‘In determining’’ 

5 in paragraph (1) in the matter preceding sub6 paragraph (A) and inserting the following: 

7 ‘‘(l) ACCOMMODATING UTILITY FACILITIES IN THE

8 RIGHT-OF-WAY.— 

9 ‘‘(1) DEFINITIONS.—In this subsection: 

10 ‘‘(A) RIGHT-OF-WAY.—The term ‘right-of11 way’ means any real property, or interest there12 in, acquired, dedicated, or reserved for the con13 struction, operation, and maintenance of a 

14 highway. 

15 ‘‘(B) UTILITY FACILITY.— 

16 ‘‘(i) IN GENERAL.—The term ‘utility 

17 facility’ means any privately, publicly, or 

18 cooperatively owned line, facility, or system 

19 for producing, transmitting, or distributing 

20 communications, power, electricity, light, 

21 heat, gas, oil, crude products, water, 

22 steam, waste, storm water not connected 

23 with highway drainage, or any other simi24 lar commodity, including any fire or police 


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1 signal system or street lighting system, 

2 that directly or indirectly serves the public. 

3 ‘‘(ii) INCLUSIONS.—The term ‘utility 

4 facility’ includes— 

5 ‘‘(I) alternative fueling infra6 structure; 

7 ‘‘(II) a renewable energy genera8 tion facility; 

9 ‘‘(III) electrical transmission and 

10 distribution infrastructure; and 

11 ‘‘(IV) broadband infrastructure 

12 and conduit. 

13 ‘‘(2) ACCOMMODATION.—In determining’’; and 

14 (C) by adding at the end the following: 

15 ‘‘(3) STATE APPROVAL.—A State, on behalf of 

16 the Secretary, may approve accommodating a utility 

17 facility described in paragraph (1)(B)(ii) within a 

18 right-of-way on a Federal-aid highway.’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(s) VEGETATION MANAGEMENT.—Notwithstanding 

21 any other provision of law, States are encouraged to imple22 ment, or to enter into partnerships to implement, vegeta23 tion management practices, such as increased mowing 

24 heights and planting native grasses and pollinator-friendly 


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1 habitats, along a right-of-way on a Federal-aid highway, 

2 if the implementation of those practices— 

3 ‘‘(1) is in the public interest; and 

4 ‘‘(2) will not impair the highway or interfere 

5 with the free and safe flow of traffic.’’. 

Æ 


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