The Future of ROW as a Bundle of Goods

Achieving the swift, large-scale co-location of energy and communications infrastructure requires integrating the historically separate worlds of energy and transportation through new governance, policy, and practice. The future of the Right-of-Way (ROW) must be established as a "Bundle of Goods"—a multi-use public asset where energy, mobility, and broadband are planned together from the start.

1. Collaborative State Governance

The federal Joint Office of Energy and Transportation must be mirrored at the state level to facilitate robust, regular, and long-term coordination. Governors should establish a permanent, cross-sector working group, council, or commission that includes:

  • The State DOT

  • The Public Utilities Commission (PUC) or Public Service Commission (PSC)

  • The Regional Transmission Organization (RTO) or Independent System Operator (ISO), where applicable

  • The Department of Commerce and State Geospatial Information Offices

This group would ensure that energy and transportation needs are prioritized collaboratively, breaking down the siloed decision-making that has historically halted progress.

2. Policy and Permitting Mandates

To immediately open corridors for new projects, states must implement critical policy changes:

  • Establish ROW as Option 1B: State legislative policy changes should mandate that the transportation ROW is the designated Option 1B for siting new high-voltage transmission, following only the use of existing utility ROW. This immediately moves new projects past the costly and time-consuming conflicts over private land. (Reference relevant PNNL appendices for legal frameworks).

  • Update DOT Accommodation Policies: State DOTs must update their utility accommodation policies to explicitly and fully open their ROW for transmission co-location, treating it as a core function with clear, modern standards.

3. Culture Change through Geospatial Tools

To confront old, long-standing culture and institutional resistance, both DOTs and transmission planners must adopt modern geospatial tools:

  • For State DOTs: These analytical tools empower DOTs to identify the highest use(s) of every highway corridor, confront and resolve real safety and engineering concerns, and, crucially, identify the clear return of financial and safety value to the department, enabling the rapid development of a scalable program.

For Transmission Planners: Planners must use these tools, early and often, in pre-planning and planning activities. This ensures new transmission is routed into available ROW space by default, rather than resorting to traditional, contested private land acquisition routes.

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