State departments of transportation (DOT) have used renewable energy sources to power small-scale or local needs for many years. For example, traffic lights may be powered by solar energy. Renewable energy production at the utility scale must adhere to a different set of federal and state policies. TRB hosted a webinar on Tuesday, November 22, 2022 from 11:30 AM to 1:00 PM Eastern that addressed these rules and their relationship with various factors, including the financing mechanism that was used to acquire the right-of-way and ownership considerations. Presenters discussed legal considerations of renewable energy production at the utility scale, highlight recent successful implementations, and share state DOTs’ plans for renewable energy production in the right-of-way.

This webinar is sponsored by the TRB Standing Technical Committee on Eminent Domain and Land Use.

The slides are linked in the meeting materials. View the recorded webinar below.

Webinar agenda and presenters

• Alternative use of the highway right-of-way – Lindsey Svendsen, FHWA
• Strategies for state DOTs developing solar projects in state right-of-way – Edgar Kraus, Texas A&M University Transportation Institute
• Considerations of highest and best use in highway right-of-way – James Thiel, Thiel, Vu & Associates, LLC
• Solar developments in the state right-of-way – Donald Petty, Massachusetts DOT
• Question and answer session moderated by Rita Looney, Arkansas DOT

The first 60 minutes of the webinar will be for presentations and the final 30 minutes will be reserved for audience questions.

Learning Objectives

At the end of this webinar, participants will be able to:

• Implement renewable energy sites on state right-of-way
• Explain the experiences of some states’ implementation of renewable energy on state right-of-way

Continuing Legal Education Credits

TRB is offering 1.25 CLE credits for this webinar. TRB did not seek approval for this workshop from the state board, so we advise that you contact your state board prior to registering for the webinar to see if credits would be accepted. Registered webinar attendees who sign in and view the entire webinar will receive a link to a certificate that they can fill out and provide to their board. Complete a certificate for each state in which you are required to file. Rules for CLE in some states require the provider to file attendance with the regulator as a service to lawyers. Please confirm jurisdictional reporting requirements with the state regulator. This certificate should be filed with the appropriate MCLE Board(s) or Commission(s) within 30 days of activity. Introductory remarks, keynote addresses, business meetings, breaks, receptions, etc., are not included in the computation of credit. TRB will retain a copy of your attendance; however, TRB is not required to submit attendance to the board.