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Alternative Uses of Highway Right-of-Way

Contents

• Executive Summary
• 1 Introduction
  • 1.1 Background
  • 1.2 Methodology
  • 1.3 Report Contents
• 2 Governance of Utilities in Highway ROW
  • 2.1 Federal Regulations
  • 2.2 State Regulations
• 3 Renewable Energy Technologies in the ROW
  • 3.1 Overview of Renewable Energy Activities
  • 3.2 Solar Energy and Highway ROW
  • 3.3 Wind Energy and Highway ROW
  • 3.4 Bioenergy and Highway ROW
  • 3.5 Energy Harvesting and Highway ROW
  • 3.6 Alternative Fuel Facilities in the ROW
• 4 Observations and Findings
• 5 Conclusions and Recommendations
  • Best Practice Opportunities for DOTs
  • Opportunities for FHWA
• Appendix A. Stakeholder Contacts
• Appendix B. Phone Discussion Guide
• Appendix C. Case Studies
  • Oregon DOT's Solar Highway Demonstration Projects
  • Massachusetts DOT's Renewable Energy Feasibility, Solar Power, and Wind Power Projects
  • California Highway 50 Solar Project
  • Ohio Department of Transportations' Renewable Energy Projects
  • Freeways to Fuel Program
• Appendix D. Questionnaire to FHWA Division Offices
• Appendix E. Example Leases, Request for Proposals, and Other Resources
• Appendix F. Annotated Literature Review of Relevant Resources

List of Figures

• Figure 1: Map showing 91 potential hydropower sites in Colorado DOT ROW
• Figure 2: PV sound barrier in Friesing, Germany and PV system mounted on a noise barrier
• Figure 3: The German Unity Motorway Planning and Construction Company constructed a 2.8-megawatt solar array on the roof of a 2.7 km long noise-barrier tunnel on the A3 highway near Aschaffenburg, Germany.
• Figure 4: Aerial view of Oregon DOT's Solar Highway Demonstration Project
• Figure 5: Aerial view of Oregon DOT's Baldock Safety Rest Area Solar Highway Project
• Figure 6: Locations of the five different types of solar lights on the Astoria-Megler Bridge
• Figure 7: Rigid First Solar panels and flexible Xunlight Corporation solar panels installed along I-280 in Toledo, OH
• Figure 8: I-70 rest area solar flowers in Parachute, WY
• Figure 9: WSDOT solar reflector
• Figure 10: Examples of small-, mid-, and utility-scale wind turbines
• Figure 11: One of two, 1.2 kW wind turbines (one in each traveling direction) installed at Missouri DOT's Conway Missouri Welcome Center on I-44
• Figure 12: Location of MassDOT's proposed Blandford rest area wind turbine
• Figure 13: NCDOT crews plant canola along I-40 in Raleigh
• Figure 14: Tennessee DOT highway switchgrass test plot
• Figure 15: Example of roadway vibration capture technology
• Figure 16: Fueling Stations Counts in the United States by Fuel Type, as of January 2011
• Figure 17: Interstate I-90 Rest Area Facility Rendering
• Figure 18: Electric vehicle charging station in Portland, OR

List of Tables

• Table 1: Case Study Initiatives Included in this Research
• Table 2: International and Domestic Examples of Renewable Energy and Alternative Fuel Facilities in Highway ROW

Acronyms

AASHTO

American Association of State Highway and Transportation Officials

ARRA

American Recovery and Reinvestment Act of 2009

Caltrans

California Department of Transportation

CDOT

Colorado Department of Transportation

CFR

Code of Federal Regulations

CPV

Concentrating photovoltaic

CTR

University of Texas at Austin's Center for Transportation Research

DOD

U.S. Department of Defense

DOE

U.S. Department of Energy

DOJ

Department of Justice in Oregon

DOT

State Department(s) of Transportation

EIA

Energy Information Administration

EMF

Electromagnetic field

EU

European Union

EV

Electric vehicle

FAA

Federal Aviation Administration

F2F

Freeways to Fuel Alliance

FHWA

Federal Highway Administration

FTC

Federal Trade Commission

FTE

Florida Turnpike Enterprise

GHG

Greenhouse gas

GIS

Geographic information system

HVAC

Heating, ventilation, and air conditioning

JPO

Joint Program Office

kW

Kilowatt

kWh

Kilowatt hour

LED

Light-emitting diode

LRTP

Long Range Transportation Plan

MassDOT

Massachusetts Department of Transportation

MPH

Miles per hour

MW

Megawatt

NCDOT

North Carolina Department of Transportation

NCHRP

National Cooperative Highway Research Program

NEPA

National Environmental Policy Act

NJDOT

New Jersey Department of Transportation

NREL

National Renewable Energy Laboratory

ODOE

Oregon Department of Energy

ODOT

Oregon Department of Transportation

OSU

Ohio State University

PGE

Portland General Electric

PHEV

Plug-in hybrid electric vehicle

PPA

Power Purchase Agreement

PV

Photovoltaic

REC

Renewable Energy Credit

RFP

Request for Proposals

ROW

Right of Way

RPS

Renewable Portfolio Standard

SAFETEA-LU

Safe, Accountable, Flexible, Efficient Transportation Act: A Legacy for Users

SEP-15

New Special Experimental Project

SLA

Solar License Agreement

SMUD

Sacramento Municipal Utility District

STIP

Statewide Transportation Improvement Program

TIGER2

Transportation Investment Generating Economic Recovery 2

TIP

Transportation Improvement Program

TxDOT

Texas Department of Transportation

UAP

Utility Accommodation Policy

UDOT

Utah DOT

UK

United Kingdom

USC

United States Code

U.S. DOT

United States Department of Transportation

USU

Utah State University

Volpe Center

U.S. DOT John A. Volpe National Transportation Systems Center

WSDOT

Washington State Department of Transportation

Executive Summary

In recent years, the U.S. Department of Transportation (U.S. DOT) has sought to better understand global climate change and the transportation sector's effects on the issue, and vice versa. The Safe, Accountable, Flexible, Efficient Transportation Act: A Legacy for Users (SAFETEA-LU) transportation authorization bill provides opportunities for State and Federal agencies to conduct research on innovative practices that may reduce transportation-related greenhouse gas (GHG) emissions and, by extension, the transportation sector's contribution to climate change effects and impacts. As such, this research investigates the state of the practice in accommodating renewable energy technologies and alternative fuel facilities within highway right-of-way (ROW), both activities that might help curb climate change.

The development of renewable energy technologies and alternative fuel facilities is compatible with current national and U.S. DOT priorities. These applications promote energy security by helping diversify the means of energy generation and delivery, and reducing the reliance on imported petroleum. They contribute to lowering GHG and other pollutant emissions by being both less energy intensive to produce and more energy efficient when used. Such projects can also foster the creation of a local green job market while enhancing the economic growth, competiveness, and viability of the nation's renewable energy and alternative fuel technology industries.

From a highway ROW perspective, however, there are considerable economic, ecological, legal, and political uncertainties related to whether accommodating renewable energy technologies and alternative fuel facilities can be practical highway land management practices. This report is intended to provide transportation agencies with information that will better enable them to consider the implications and evaluate the feasibility of implementing renewable energy and fuel options in the ROW. The findings presented in this report are based on the review of the relevant literature and a series of interviews with stakeholders representing State highway ROW renewable energy and alternative fuel facility projects that are in varying stages of completion and that utilize, or are pursuing, a range of technologies. A peer exchange convened among the interviewees and additional stakeholders supplemented the information collected during the interviews. The lessons that early adopters have learned is intended to help inform others seeking to pursue similar projects.

Key observations and findings include:

• A supportive institutional environment is critical.
• Siting concerns and requirements for renewable energy projects in highway ROW are a principal issue.
• Projects can be implemented through a variety of public-private partnership models.
• Permitting processes vary based on project details, location, and state laws.
• Developing the lease agreements is a multifaceted process.
• DOTs may require outside assistance in developing complex contract agreements.
• Responsibility for environmental clearance varies by state and project type.
• State and Federal tax credits and grants are currently needed to make projects economically viable.
• Carbon offsets and Renewable Energy Credits (RECs) could be used to finance renewable resource development on the highway system in the future.
• Patent issues may increase project costs and timeline.
• Renewable energy projects may require zoning changes at the local level.
• Renewable energy projects require effective public involvement.

Best practice opportunities for DOTs are:

• Consider revising State Utility Accommodation Policies to include renewable energy.
• Identify State statutory or regulatory constraints that preclude renewable resource development to foster such development.
• Identify appropriate renewable energy technologies and potential sites through a statewide or regional feasibility study.
• Review Long Range Transportation Plans (LRTP) to identify potential siting conflicts. Consider developing guidelines for how renewable energy and alternative fuel facility projects can be considered during the statewide transportation planning process and how their performance can be assessed.
• Develop an internal interdisciplinary team to address the unique issues renewable energy projects in the ROW present.
• Create partnerships with external stakeholders.
• Develop comprehensive value-based selection criteria (in addition to criteria based on technical characteristics and price) for renewable energy and alternative fuel facility projects in highway ROW.

FHWA can further help states achieve desired outcomes by removing existing obstacles and providing incentives to encourage DOTs and energy developers to produce alternative power along the highway ROW.

Opportunities and potential next steps for FHWA are:

• Clarify its endorsement of using highway ROW to accommodate renewable energy technologies and alternative fuel facilities.
• Consider the use of pilot projects to identify any needed revisions or policies that restrict a DOT's ability to construct and operate renewable energy technologies and alternative fuel facilities in highway ROW.
• Discuss potential patent issues for renewable energy projects in highway ROW with the American Association of State Highway and Transportation Officials (AASHTO) and other relevant partners.
• Coordinate early involvement with the U.S. Department of Energy to facilitate the development of renewable energy projects in the highway ROW.
• Evaluate the benefits of comprehensive value-based selection criteria for renewable energy and alternative fuel facility projects in highway ROW.
• Analyze effective DOT practices in administering ROW access on routes controlled under the Highway Beautification Program.
• Consider the benefits of sponsoring research to evaluate rest areas, excess lands, and other transportation ROW for renewable energy generation.
• Help build a community of practice that develops and provides training and technical assistance to ROW practitioners and other stakeholders on accommodating alternative energy technologies and alternative fuel facilities.