HB 5940: Power Lines Along Michigan's Highways

What the bill passed by the Michigan House changes, what still has to happen before an overhead line goes up, and what township boards, county officials, and property owners can do now.

Videos

Watch it explained

Explainer · for township boards and property owners

Power lines along Michigan's highways: what HB 5940 actually does

The struck words on the page, today's rule, the change, the four public bodies, what neighbors get and do not get, the Senate twin and the clock, and what to watch.

Watch on YouTube

The short version

Could this bill keep a power line off your land?

The idea of running lines along the highway instead of across private land, the four public bodies that must still act, and how to ask the MPSC by October 21 whether highway right-of-way counts.

Watch the Short on YouTube

The short answer · as of October 4, 2026

HB 5940 would end Michigan's rule that power lines running along limited access highways must be buried. But four public bodies still have to act before any overhead line goes up there, the bill sets no deadline for any of them, and it gives neighbors and townships no new say.

For township boards, county officials, and property owners in communities such as Williamstown and Locke, and anywhere else a proposed high-voltage line could run near a limited access highway.

HB 5940 as passed 2:23-28 MDOT guidance item 5.6 23 CFR 645.215 HB 5940 as passed 4:22-6:4

…lines and structures be underground and be placed in a manner…

3 words

Struck from current law: “be underground and”

HB 5940 as passed 2:26-27

1 STCMPSC 2 MDOT 3 FHWA line standards guidance federal OK

4 bodies

Must act, in 3 steps, before an overhead line: 2 commissions, MDOT, and FHWA

HB 5940 as passed 2:18-21 MDOT guidance 5.6 23 CFR 645.215

? ? ? enacted steps 1-3 · no dates

No deadline

For any of them, and no appeal if MDOT never agrees

HB 5940 as passed 4:22-6:4

OCTOBER 2026SMTWTFS12345678910111213141516171819202122232425262728293031

Oct. 21

2026 deadline for comments on the MPSC's proposed Act 30 rules

MPSC U-22064

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The Change in One Picture

Sec. 13(2) of 1925 PA 368 (MCL 247.183(2)) is the rule for utility lines in limited access highway right-of-way. HB 5940 adds one sentence to it and strikes three words. Nothing else in sec. 13 changes.

Sec. 13(2), word for word

Struck words are removed by the bill; underlined words are added.

Current law, MCL 247.183(2). The standards must require lines in this right-of-way to be underground.

As it would read if HB 5940 (as passed by the House) became law.

(2) A utility as defined in 23 CFR 645.105 may enter upon, construct, and maintain utility lines and structures, including pipelines, longitudinally within limited access highway rights-of-way and under any public road, street, or other subsurface that intersects any limited access highway at a different grade, in accordance with standards approved by the state transportation commission and the Michigan public service commission that conform to governing federal laws and regulations and is not required to obtain the consent of the governing body of the city, village, or township as required under subsection (1). Subject to section 13a, the standards must allow for the collocation of projects, including aboveground lines and structures, in limited access highway rights-of-way. The standards must require that the lines and structures be underground and be placed in a manner that will not increase highway maintenance costs for the state transportation department. The standards may provide for the imposition of a reasonable charge for longitudinal use of limited access highway rights-of-way. The imposition of a reasonable charge is a governmental function, offsetting a portion of the capital, maintenance, and permitting expense of the limited access highway, and is not a proprietary function. The charge must be calculated to reflect a 1-time installation permit fee that does not exceed $1,000.00 per mile of longitudinal use of limited access highway rights-of-way with a minimum fee of $5,000.00 per permit. If the 1-time installation permit fee does not cover the reasonable and actual costs to the department in issuing the permit, the department may assess the utility for the remaining balance. All revenue received under this subsection must be used for capital and maintenance expenses incurred for limited access highways, including the cost of issuing the permit.

HB 5940 as passed 2:14-3:14 MCL 247.183 HB 5940 as introduced 2:16-3:17

What changes

If enacted, the statute would stop requiring that lines along limited access highways be underground, and would tell the standards to allow aboveground lines. The lines still must not raise MDOT's highway maintenance costs. The standards must still conform to federal law, and they may contain other conditions. HB 5940 as passed 2:18-28

Read the official text

The official bill marks the deletion of "be underground and" from section 13(2). SB 933 proposes the same deletion. HB 5940 as passed HB 5940 PDF p. 2 SB 933

What the House changed in committee (H-2)

H-2 left sec. 13 alone, strike included, and changed only the new sec. 13a. The House passed H-2 unchanged. House Journal 54 p. 960 HFA analysis (H-2)

1

Who may ask MDOT to start

As introduced (and SB 933)

“On the written request of a utility or transmission line developer, the state transportation department shall coordinate with that utility or transmission line developer”

HB 5940 as introduced 4:25-27

As passed by the House (H-2)

“On the written request of a utility, an independent transmission company, or an affiliated transmission company, the state transportation department shall coordinate with that utility, independent transmission company, or affiliated transmission company”

HB 5940 as passed 4:22-27

H-2 kept "utility" and replaced "transmission line developer" with two company types. Those two terms are defined in Act 30, which the bill does not cross-reference. MCL 460.562 (a), (f)

2

The no-relocation period

As introduced (and SB 933)

“including an agreed-on time frame during which the state transportation department shall not request the relocation of the transmission line.”

HB 5940 as introduced 5:15-19

As passed by the House (H-2)

“including an agreed-on time frame during which the state transportation department shall not request the relocation of the transmission line as it is practicable.”

HB 5940 as passed 5:18-22

H-2 added four words. The bill does not say who pays if MDOT later needs the line moved. HB 5940 as passed 4:22-6:4

3

Notice before MDOT moves a line

As introduced (and SB 933)

“If state transportation department must relocate a transmission line in a highway right-of-way, the state transportation department must give the utility notice not less than 5 years before the relocation project begins.”

HB 5940 as introduced 5:20-23

As passed by the House (H-2)

“If a substantial change to the state transportation department's 5-year plan is necessary due to unforeseen circumstances in a location that a utility, independent transmission company, or affiliated transmission company has submitted a written request to collocate, after an updated 5-year plan is published but before the next 5-year plan is set to be published, the state transportation department must inform that utility, independent transmission company, or affiliated transmission company in writing as soon as is practical.”

HB 5940 as passed 5:23-6:2

The fixed 5-year notice became no fixed notice period. H-2's notice is about unforeseen changes to MDOT's 5-year plan, not a notice before a move. In both versions the notice goes only to the line company, not to landowners, townships, or counties. HB 5940 as introduced 5:20-23 HB 5940 as passed 5:23-6:2 HFA analysis (H-2)

From Law to Line

Four public bodies must act before overhead placement can be permitted. HB 5940 adds no deadlines; Act 30 retains its one-year deadline for a certificate decision.

First, the bill has to become law

  • Done The House passed it 98-0 on August 26, 2026, and gave it immediate effect. The other 12 members had been excused and did not vote. House Journal 63 pp. 1655-1656
  • Pending The Senate referred it to its Committee on Energy and Environment on September 9, 2026. As of October 4 the committee lists no meeting on it. Senate Journal 67 Senate committee
  • Pending It would then need the Governor's signature. Bills still pending when the 2026 session ends do not carry over; HB 5940 would have to start again in 2027. Const. art. 4 sec. 13
  1. 1

    State Transportation Commission and MPSC

    No deadline

    Step 1: Approve new standards

    Lines in this right-of-way follow standards "approved by the state transportation commission and the Michigan public service commission that conform to governing federal laws and regulations". The bill tells those standards to allow aboveground lines. HB 5940 as passed 2:18-26 We found no record that the MPSC has approved these standards since a 2005 law required its approval. The MDOT guidance we found cites only State Transportation Commission policy.

  2. 2

    MDOT

    No deadline

    Step 2: Revise its guidance

    MDOT's guidance, item 5.6, says: 'Longitudinal occupancy of limited access state highway right-of-way by aboveground facilities is prohibited.' The bill does not name the guidance. If the bill is enacted, this item, not the statute, would stop an overhead line until MDOT revises it or approves an exception. MDOT guidance item 5.6

  3. 3

    Federal Highway Administration (FHWA)

    No deadline

    Step 3: Approve Michigan's changed policy

    FHWA approves a state's utility accommodation policy and any change to it. 23 CFR 645.215(b)-(c) Its September 1, 2026 memo, which is guidance and not binding, says transmission projects 'are acceptable alternative uses of the Interstate or non-Interstate highway ROW and are in the public interest if they comply with 23 U.S.C. 111' and FHWA's property rules. It does not replace Michigan's own rules. FHWA memo Federal rules still bar new aboveground lines in the clear zone unless burial is not technically feasible or is unreasonably costly and there is no other feasible place. 23 CFR 645.209(b)

Then, for a specific line

MDOT and the company

No deadline

Constructability report, then a permit

On a company's written request, MDOT must coordinate with it to review highway corridors. MDOT must also share all known plans for future projects that may affect the line. Once MDOT and the company identify a permittable route, they prepare a constructability report that both must approve before MDOT issues a permit. There is no deadline, no appeal, and no consequence if they never agree. HB 5940 as passed 4:22-5:17

MPSC

Pending

Act 30 certificate, for a major line

A line of 345 kV or more and 5 miles or more needs an Act 30 certificate. MCL 460.562 (g) Smaller lines need not go through Act 30. The MPSC decides within 1 year of filing, and must find, among other things, that the route is 'feasible and reasonable'. MCL 460.568 (4)-(5) The bill does not amend Act 30.

Flow of five cards. Step 1: the State Transportation Commission and the MPSC approve new standards; we found no record the MPSC has approved these standards since 2005. Step 2: MDOT revises its guidance, which still bans aboveground lines. Step 3: FHWA approves Michigan's changed policy; its 2026-09-01 memo, which is not binding, calls transmission an acceptable use of highway right-of-way if it meets federal conditions. Each is labeled no deadline in the bill. Then MDOT and the company agree a constructability report and MDOT issues a permit, also with no deadline; and for a 345 kV line of 5 miles or more, the MPSC decides an Act 30 certificate within 1 year of filing.
Even if HB 5940 becomes law, four public bodies must act in three steps (new standards from the State Transportation Commission and the MPSC, revised MDOT guidance, and FHWA approval) before MDOT can permit an overhead line, and the bill sets no deadline for any of them. A 345 kV line of 5 miles or more also needs an Act 30 certificate from the MPSC.

An underground line can already run lengthwise in this right-of-way under current law, so sec. 13a can serve buried lines as soon as it takes effect. HB 5940 as passed 2:14-23

Where the Highways Are

45 of Michigan's 83 counties have a limited access highway. The 10 counties with the most hold about 43% of its miles.

Michigan has about 1,940 route miles of limited access highway: about 1,237 Interstate and 703 other. About 3.6% of 345 kV line miles, as mapped by HIFLD, run within 1 km of one and alongside it (within 30 degrees). HIFLD's map is a floor, not a census: about 1,580 more mapped miles list no voltage. These are centerlines; no public source gives the width of the right-of-way. County data MDOT R&H 2026 HIFLD lines

Map of Michigan. Interstate highways in blue and other limited access highways in green run mostly through the southern Lower Peninsula, with I-75 north to Sault Ste. Marie; existing 345 kV transmission lines, as mapped by HIFLD, in orange form a separate network. No proposed corridor is shown.
Limited access highways (MDOT full access control, 2026) and existing 345 kV and higher lines as mapped by HIFLD. No proposed corridor is shown. MDOT R&H 2026 HIFLD lines

Limited access highway miles by county

Click a column heading to sort.

Wayne 158.1 118.9 111.2
Oakland 108.8 82.1 159.6
Kent 99.5 47.3 125.0
Genesee 81.9 69.4 124.0
Berrien 77.1 50.4 148.6
Washtenaw 75.1 33.4 161.3
Calhoun 60.5 60.2 45.5
Monroe 59.6 34.1 200.7
Allegan 56.8 29.7 160.8
St. Clair 54.1 52.7 157.6
Ingham 52.9 31.2 0
Livingston 52.7 27.4 76.0
Jackson 49.6 30.6 60.5
Clinton 48.8 28.1 0
Roscommon 48.1 23.6 0
Kalamazoo 48.0 25.2 57.8
Bay 45.6 28.3 110.4
Macomb 45.5 32.7 195.6
Cheboygan 44.4 44.4 0
Ottawa 40.2 35.2 188.2
Eaton 39.2 39.2 47.8
Saginaw 37.5 30.7 122.5
Van Buren 36.3 36.3 119.8
Isabella 35.7 0 0
Clare 34.1 0 0
Muskegon 33.0 5.4 44.7
Crawford 31.4 25.1 1.1
Midland 28.7 0 24.7
Mackinac 27.7 27.7 0
Chippewa 27.3 27.3 0
Oceana 25.9 0 97.8
Otsego 25.7 25.7 30.7
Shiawassee 25.7 25.7 7.5
Ionia 25.6 25.6 0
Osceola 25.2 0 0
Lapeer 24.9 24.9 56.5
Mecosta 24.6 0 0
Wexford 23.4 0 1.6
Branch 22.1 22.1 0
Arenac 21.4 19.5 12.1
Gratiot 16.3 0 41.1
Ogemaw 15.3 15.3 25.2
Montcalm 13.1 0 50.9
Mason 10.9 0 79.9
Emmet 1.6 1.6 0

Route miles count one direction of a divided highway along its centerline. "345 kV line mi" are line miles as mapped by HIFLD, so circuits sharing a corridor count separately; lines with no voltage listed are left out, so these are floors. County data Download the CSV.

What It Does Not Do

The protections people ask about are in other laws, in other bills, or in rules the MPSC is writing now.

It does not change Act 30.

The MPSC still decides a major line's route. A highway route reaches the MPSC only as the company's route or alternate, or as another party's alternative. MCL 460.567 (2)(c) MCL 460.568

It does not give townships a say.

Cities, villages, and townships already have no consent role over utility lines in limited access highway right-of-way, and the bill does not change that. Every new duty in sec. 13a falls on MDOT alone. HB 5940 as passed 2:21-23 HB 5940 as passed 4:22-6:2

It does not notify neighbors.

No version of sec. 13a gives notice to landowners, townships, or counties. Its only notice runs to the line company: as introduced, to "the utility"; after H-2, to the company that asked to collocate. HB 5940 as introduced 5:20-23 HB 5940 as passed 5:23-6:2

It does not say who pays to move a line.

It sets an agreed no-relocation period "as it is practicable", and is silent on cost. HB 5940 as passed 5:18-22

It does not set deadlines.

None for MDOT, the two commissions, or FHWA. HB 5940 as passed 4:22-6:4

It does not change the fee or share it.

The fee rule stays as it is. The standards "may provide for the imposition of a reasonable charge": a 1-time permit fee of at most $1,000 per mile, with a $5,000 minimum, plus any permit cost the fee does not cover. All of it goes to limited access highway costs; local units get none. HB 5940 as passed 2:29-3:14

It does not set a voltage.

Sec. 13a defines "transmission line" only as "a high-voltage transmission line". Act 30 uses 100 kV and 345 kV. HB 5940 as passed 6:3-4 MCL 460.562 (g), (k)

The Senate package and the MPSC rules

SB 930-933 were introduced on April 23, 2026, 19 days before HB 5940. HB 5940 matches only SB 933. SB 930-932, the bills on notice and route choice, have had no hearing. SB 933 Bill history Senate committee

Table with seven rows (notice before public meetings; meetings, map site, route requests; notice of application; alternative routes by parties; existing corridors; highway right-of-way; status) and five columns (law today, MPSC guidelines, MPSC proposed rules, SB 930-932, HB 5940). The HB 5940 column reads Nothing for the first four rows and Nothing in Act 30 for existing corridors; for highway right-of-way it says standards must allow aboveground lines, with MDOT coordination and a report.
HB 5940 adds nothing to notice, meetings, or route review under Act 30; the Senate bills SB 930-932 and the MPSC's guidelines and proposed rules are where mailed notice and route requirements would come from. The guidelines and proposed rules mention highways only as a route-scoring factor (length paralleling public roads or highways). Comments on the proposed rules are due October 21, 2026.

HB 5940 (as passed)

If enacted, would end the statutory underground rule; adds MDOT's sec. 13a process for utilities and the two Act 30 transmission company types. HB 5940 as passed Senate Journal 67

Notice: None to the public.

Status: Passed House 98-0; in Senate Energy and Environment.

SB 933 (Bayer)

HB 5940 as introduced, word for word, from the same drafting request, including the same strike and the 5-year relocation notice. SB 933

Notice: None to the public.

Status: Introduced April 23, 2026; no action since.

SB 930 (Singh, Bayer)

Amends Act 30 notice of an application. SB 930

Notice: Mailed notice to municipalities and landowners along, within 1 mile of the centerline of, and between the proposed and alternate routes.

Status: Introduced April 23, 2026; no action since.

SB 932 (Bayer, Singh)

Amends Act 30 pre-application meetings: a public map website for at least 90 days, segment data, documented answers to route requests. SB 932

Notice: Mailed notice to the same 1-mile set.

Status: Introduced April 23, 2026; no action since.

SB 931 (Singh, Bayer)

Asks applicants to describe how they chose the route, including whether they considered paralleling existing rights-of-way. Its catch title says “require to use”, but the text requires only a description. SB 931

Notice: No change.

Status: Introduced April 23, 2026; no action since.

MPSC guidelines (2026, voluntary)

Applicants “should prioritize the use of existing ROWs”. The order adopting them found it 'reasonable to require' parties to propose any alternative route within 45 days after the prehearing conference. MPSC U-21930 pp. 28-31

Notice: Not addressed here.

Status: Adopted January 29, 2026, for applications from April 29, 2026.

MPSC proposed rules (binding if adopted)

An applicant “shall prioritize the use of existing” rights-of-way. Neither the rules nor the guidelines mention limited access highways or MDOT; both count length paralleling 'public roads or highways' only as a route-scoring factor. MPSC U-22064

Notice: Open for comment.

Status: Proposed October 1, 2026; comments due October 21, 2026.

Who Weighed In

The records reviewed list ten supporters and a neutral position from MDOT. No position card or public statement was found from the local-government and farm organizations listed below.

Support

  • NextGen Highways (testified)
  • ITC
  • Audubon Great Lakes
  • Ceres
  • Citizens Utility Board of Michigan
  • Michigan Conservative Energy Forum
  • Michigan League of Conservation Voters
  • The Nature Conservancy
  • Union of Concerned Scientists
  • Michigan Environmental Council

HFA analysis (as reported) Positions

Neutral and opposed

MDOT filed a neutral card. The House Fiscal Agency lists no opponents, and we found no opponent in any record we checked: the analyses, committee minutes, news, and public statements. HFA analysis (as reported) Positions

Claims

Rep. Prestin says the bill would bring 'lower project costs, accelerated timelines'. Michigan Advance Asked about crash risk, he called the towers 'just over-engineered'. WILX These are claims; we found no study behind them.

No statement found

We found no card or public statement on HB 5940 from:

  • Michigan Townships Association
  • Michigan Association of Counties
  • Michigan Municipal League
  • County Road Association
  • Michigan Farm Bureau
  • Michigan Agri-Business Association
Four columns. Support, 10: NextGen Highways (testified), Audubon Great Lakes, Ceres, Citizens Utility Board of Michigan, ITC, Michigan Conservative Energy Forum, Michigan Environmental Council, Michigan League of Conservation Voters, The Nature Conservancy, Union of Concerned Scientists. Neutral, 1: MDOT. Opposed, 0: none found in committee records, news, or statements. No public position found, 8: Michigan Townships Association, Michigan Association of Counties, Michigan Municipal League, County Road Association of Michigan, Michigan Farm Bureau, Michigan Agri-Business Association, Consumers Energy and METC, DTE Electric.
Ten groups filed support cards or testified for HB 5940, and MDOT was neutral. We found no opponent in any record we checked, and no public position from township, county, municipal, road, or farm groups, or from Consumers Energy or DTE.

Reading the legal change

Distinguish the proposed change in law from approval of a particular line.

Where It Stands and What You Can Do

  1. Apr 23, 2026

    SB 930-933 introduced and sent to Senate Energy and Environment. SB 933

  2. May 12, 2026

    HB 5940 introduced by Rep. David Prestin (R-108). Bill history

  3. Jun 16, 2026

    House Transportation and Infrastructure takes it up. Bill history

  4. Jun 23, 2026

    Reported with substitute H-2. House Journal 50 pp. 856-857

  5. Jul 1, 2026

    House adopts H-2 at second reading, without a recorded roll call. House Journal 54 p. 960

  6. Aug 26, 2026

    House passes it 98-0; the other 12 members had been excused and did not vote. House Journal 63 p. 1656

  7. Sep 9, 2026

    Senate refers it to Energy and Environment. Senate Journal 67

  8. Oct 1, 2026

    MPSC proposes binding Act 30 rules (U-22064). MPSC U-22064

  9. Oct 21, 2026

    MPSC rule comments due. MPSC U-22064

  10. End of 2026

    Bills still pending when the 2026 session ends do not carry over. Const. art. 4 sec. 13

By October 21, 2026

Comment on the MPSC's proposed Act 30 rules

Case U-22064. The proposed rules say an applicant "shall prioritize the use of existing" rights-of-way, but do not say whether highway right-of-way counts. MPSC U-22064 Two questions worth raising: does "existing rights-of-way" include limited access highway right-of-way, and how will people who live beside a highway be told about a line? Comments are filed in the MPSC's e-dockets. MPSC e-dockets

Now, while the Senate decides

Watch the Senate committee, and tell your senator what you think

HB 5940 and SB 930-933 sit in Senate Energy and Environment (13 members, 8 Democrats and 5 Republicans; chair Sean McCann). Senate committee As of October 4 the Senate's published schedule lists about 23 more session days in 2026; the schedule can change. Senate schedule Bills still pending when the 2026 session ends do not carry over. Const. art. 4 sec. 13

When a route is proposed

Use your Act 30 rights

Before applying for a major line, the company must hold a public meeting in each municipality on the route, and must first offer in writing to meet with each affected municipality's chief elected official. MCL 460.566 (1)-(2) Each affected municipality and landowner is an intervenor as of right in the MPSC case. MCL 460.568 (2) In adopting its 2026 guidelines, the MPSC found it 'reasonable to require' parties to propose any alternative route within 45 days after the prehearing conference. MPSC U-21930 pp. 30-31

If the bill passes

Ask for a public process on the standards and guidance

The bill gives the public no step when the two commissions approve new standards or MDOT revises its guidance. HB 5940 as passed 2:18-26 HB 5940 as passed 4:22-6:4 Townships and counties can ask MDOT, the State Transportation Commission, and the MPSC for notice and a chance to comment.

Three month calendars, October to December 2026. Senate session days are highlighted: October 8, 13, 14, 15, 20, 21, 22, 27, 28, 29; November 4, 5, 10, 12; December 1, 2, 3, 8, 9, 10, 15, 16, 17. November 3, election day, is marked. October 21, the MPSC comment deadline, is circled. Today, October 4, is outlined.
The Senate's published schedule lists about 23 more session days in 2026, 10 before the November 3 election and 13 after; the schedule can change. Comments on the MPSC's proposed Act 30 rules are due October 21, 2026. Bills still pending when the 2026 session ends do not carry over.

If you live near the proposed Oneida–Sabine Lake line

That 345 kV line is MISO Tranche 2.1 Project 34, Oneida-Sabine Lake-Blackfoot & Majestic (applicant METC, an ITC subsidiary). We found no Act 30 case for it as of October 4, 2026. Our public route analysis (a preliminary draft, revised September 24, 2026) scored ITC's 7 published routes on the Act 30 factors, with and without an HB 5940 freeway credit. The Orange route runs alongside I-96 (not inside its right-of-way) for about 15 miles and ranked first both ways: 3.808 with the credit and 3.945 under current law, where lower is better. HB 5940 does not choose a route; the MPSC does, under Act 30. Oneida-Sabine analysis Oneida-Sabine report pp. 27-28

Read the Oneida–Sabine route analysis

Questions and Answers

For landowners and township officials. Each answer links its source.

Could HB 5940 keep a new high-voltage line off my land by putting it along the highway instead?

That is the idea behind it, but not on its own. The bill strikes the state-law rule that lines along limited access highways must be buried and says the standards must allow aboveground lines there. Before any overhead line can go in that right-of-way, the two commissions must approve new standards, MDOT must revise its guidance (or approve an exception), and FHWA must approve the changed policy, with no deadline for any of them. A major line also needs an Act 30 certificate, and in that case any party, including a township or landowner, may propose a route along a highway. HB 5940 as passed 2:18-28 MCL 460.568 (2), (4) MDOT guidance item 5.6 23 CFR 645.215 MCL 460.562 (g)

Is HB 5940 law?

No. It passed the House 98-0 on August 26, 2026; the other 12 members had been excused and did not vote. It is in the Senate Committee on Energy and Environment, which lists no meeting on it as of October 4, 2026. House Journal 63 Senate committee

What exactly does it change?

Two things in sec. 13(2) of 1925 PA 368. It adds: "Subject to section 13a, the standards must allow for the collocation of projects, including aboveground lines and structures, in limited access highway rights-of-way." And it strikes the words "be underground and". It also adds sec. 13a, a process run by MDOT at a company's request. HB 5940 as passed 2:23-28 HB 5940 as passed 4:22-6:4

What is a limited access highway?

A highway designed for through traffic, with no right of access for the land beside it, such as an Interstate. MCL 252.51 45 of Michigan's 83 counties have one. County data

Does my township or county get a say?

Not under this bill. Townships already have no consent role over utility lines in limited access highway right-of-way, and sec. 13a adds no local step. HB 5940 as passed 2:21-23 Under Act 30, a major line's company must hold a public meeting in your municipality and offer to meet your chief elected official, and your municipality may intervene in the MPSC case. MCL 460.566 MCL 460.568 (2)

Will I get a letter if a line is planned along the highway near me?

Not because of HB 5940; its only notice goes to the company. HB 5940 as passed 5:23-6:2 SB 930 and SB 932 would mail notice to landowners within 1 mile of the centerline of, and between, the proposed and alternate routes. They have had no hearing. SB 930 SB 932 Senate committee

Does it change how the MPSC picks a route?

No. It does not amend Act 30. The MPSC already prefers existing rights-of-way: in 2025 it found a company's proposed route, 'while feasible, is not reasonable given the opportunity to use an existing ROW', and approved the alternate. MPSC U-21471 p. 92 But neither its guidelines nor its proposed rules mention limited access highways or MDOT; they count length paralleling 'public roads or highways' only as a route-scoring factor. MPSC U-22064

Has a highway route been tried in Michigan before?

In the one Act 30 case we found with a highway alternative (U-17041, 2013), landowners proposed a route along I-94, not inside the right-of-way. METC said its 220-foot right-of-way would not fit along portions of that route. The MPSC found 'ample rebuttal evidence that the I-94 corridor route is not a realistic alternative'. MPSC U-17041 p. 25

Who pays if a line in the highway right-of-way has to move?

The bill does not say. It sets an agreed period during which MDOT will not ask for a move "as it is practicable", and after H-2 it gives the company no fixed notice period. HB 5940 as passed 5:18-6:2 HB 5940 as introduced 5:20-23

Does this bill decide the Oneida-Sabine Lake line?

No. We found no Act 30 case for that line as of October 4, 2026. Our public route analysis (a preliminary draft, revised September 24, 2026) scored ITC's 7 published routes on the Act 30 factors, with and without an HB 5940 freeway credit. The Orange route runs alongside I-96 (not inside its right-of-way) for about 15 miles and ranked first both ways: 3.808 with the credit and 3.945 under current law, where lower is better. Oneida-Sabine analysis Oneida-Sabine report pp. 27-28

Downloads and Sources

The bill

  1. 1. HB 5940 as passed. HB 5940 of 2026, substitute H-2 as passed by the House, August 26, 2026 (official HTML, with struck words shown). Cites are page:line in this print; H-2 and the as-passed print share page and line numbers. www.legislature.mi.gov
  2. 2. HB 5940 PDF. HB 5940, as passed by the House (PDF print). www.legislature.mi.gov
  3. 3. HB 5940 as introduced. HB 5940 of 2026, as introduced May 12, 2026 (official HTML). Cites are page:line in this print. www.legislature.mi.gov
  4. 4. Bill history. Michigan Legislature, HB 5940 bill page and history. www.legislature.mi.gov
  5. 5. HFA analysis (introduced). House Fiscal Agency, legislative analysis of HB 5940 as introduced (complete to 6-15-26). www.legislature.mi.gov
  6. 6. HFA analysis (H-2). House Fiscal Agency, analysis of proposed substitute H-2 (6-23-26). www.legislature.mi.gov
  7. 7. HFA analysis (as reported). House Fiscal Agency, analysis of HB 5940 as reported from committee (6-30-26): positions and fiscal impact. www.legislature.mi.gov

Legislative record

  1. 8. House Journal 50. Journal of the House, No. 50, June 23, 2026 (committee report, pp. 856-857). www.legislature.mi.gov
  2. 9. House Journal 54. Journal of the House, No. 54, July 1, 2026 (H-2 adopted at second reading, pp. 959-960). www.legislature.mi.gov
  3. 10. House Journal 63. Journal of the House, No. 63, August 26, 2026 (Roll Call 353 and immediate effect, pp. 1655-1656). www.legislature.mi.gov
  4. 11. Senate Journal 67. Journal of the Senate, No. 67, September 9, 2026 (received and referred to Energy and Environment). www.legislature.mi.gov
  5. 12. Senate committee. Michigan Legislature, Senate Committee on Energy and Environment: members and bill record (read October 4, 2026). legislature.mi.gov
  6. 13. Senate schedule. Michigan Senate, July-December 2026 session schedule (published schedule; subject to change). senate.michigan.gov
  7. 14. Const. art. 4 sec. 13. Michigan Constitution of 1963, art. 4, sec. 13: bills carry over only from an odd-year session to the next even-year session. www.legislature.mi.gov

Senate package

  1. 15. SB 930. SB 930 of 2026 (Singh, Bayer): mailed notice of Act 30 applications. www.legislature.mi.gov
  2. 16. SB 931. SB 931 of 2026 (Singh, Bayer): route evaluation in Act 30 applications. www.legislature.mi.gov
  3. 17. SB 932. SB 932 of 2026 (Bayer, Singh): pre-application public meetings. www.legislature.mi.gov
  4. 18. SB 933. SB 933 of 2026 (Bayer): the same text as HB 5940 as introduced. www.legislature.mi.gov

Michigan law

  1. 19. MCL 247.183. MCL 247.183 (sec. 13 of 1925 PA 368), current law. www.legislature.mi.gov
  2. 20. MCL 252.51. MCL 252.51, definition of limited access highway. www.legislature.mi.gov
  3. 21. MCL 460.562. MCL 460.562 (Act 30 of 1995), definitions: transmission line, major transmission line, independent and affiliated transmission company. www.legislature.mi.gov
  4. 22. MCL 460.566. MCL 460.566 (Act 30), public meetings before an application. www.legislature.mi.gov
  5. 23. MCL 460.567. MCL 460.567 (Act 30), contents of an application. www.legislature.mi.gov
  6. 24. MCL 460.568. MCL 460.568 (Act 30), notice, intervention, and the Commission's decision. www.legislature.mi.gov

Federal rules

  1. 25. 23 CFR. 23 CFR part 645, subpart B, accommodation of utilities (we read the April 1, 2025 annual edition): 645.209(b) clear zone, 645.209(c) freeways, 645.215 FHWA approval. www.ecfr.gov
  2. 26. FHWA memo. FHWA, "America's Great Corridors of Commerce Guidance on the Use of Highway Right-of-Way" (September 1, 2026). www.fhwa.dot.gov

MDOT

  1. 27. MDOT guidance. MDOT, Utility Accommodation Guidance (effective May 15, 2023, revised April 2026), items 5.6 and 5.14. michigan.gov

Michigan Public Service Commission

  1. 28. MPSC U-22064. MPSC Case U-22064, proposed Act 30 rules R 460.51-460.58 (October 1, 2026); public hearing and comments due October 21, 2026. openmpsc.com
  2. 29. MPSC U-21930. MPSC Case U-21930, order O-013620 (January 29, 2026) adopting voluntary Act 30 filing guidelines. openmpsc.com
  3. 30. MPSC U-21471. MPSC Case U-21471, order O-013347 (July 10, 2025) granting METC's certificates. openmpsc.com
  4. 31. MPSC U-17041. MPSC Case U-17041, order O-006843 (July 29, 2013); finding at p. 25. openmpsc.com
  5. 32. MPSC e-dockets. MPSC e-dockets, where cases and comments are filed and posted. mi-psc.my.site.com

Coverage

  1. 33. Michigan Advance. Michigan Advance, "House Republican bill would allow aboveground power lines to use highway rights-of-way" (June 17, 2026). michiganadvance.com
  2. 34. WILX. WILX, "Rep. Prestin testifies on bill to allow high-voltage power lines to be built along highways" (June 17, 2026). www.wilx.com

Maps and data

  1. 35. County data. Our county measures (CSV, computed October 4, 2026) from MDOT Roads & Highways 2026 (v26) access-control coding, HIFLD U.S. Electric Power Transmission Lines (archive, edited 2025-08-26), and Census TIGER/Line 2025 counties. Route miles count one direction of a divided highway, along the centerline, not the right-of-way. Open
  2. 36. MDOT R&H 2026. MDOT Roads & Highways 2026 (v26) centerline layer. services2.arcgis.com
  3. 37. HIFLD lines. HIFLD, U.S. Electric Power Transmission Lines (archive). services2.arcgis.com

Our related work

  1. 38. Oneida-Sabine analysis. Bommarito Consulting, The Proposed ITC Oneida-Sabine Lake 345 kV Transmission Line: route analysis (revised September 24, 2026). Open
  2. 39. Oneida-Sabine report. Bommarito Consulting, Oneida-Sabine Lake 345 kV route analysis, report PDF dated September 24, 2026 (labeled a preliminary draft). Scores: lower is better. The I-96 mileage is on pp. 27-28. Open

Research series

Permitting, power lines, and data centers

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    Michigan companion · October 2026

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Scope and sources

This analysis covers the House-passed bill and public records available as of October 4, 2026. Bill quotations show the text as it would read if enacted, except in the marked comparison above. Citations identify the source and, where relevant, the printed page and line. Statements by legislators, companies, and advocates are attributed to them. A statement that begins "we found no" describes the records reviewed; it does not prove that no other record exists. Maps show centerlines and proximity, rather than highway property boundaries or engineering feasibility. The bill remains a proposal and may change. Bommarito Consulting prepared this public policy analysis at its own expense. Project-specific legal questions should be reviewed with counsel.

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