Senator Tyler Dees

Transportation, Technology & Legislative Affairs (Senate) — March 31, 2025 (1:40:28)

because of that segment and not because of the, I think everything, the civil penalties fills in line, but denial, and especially denial of permits in unrelated projects. So I think those are the things that I'm trying to understand and contemplate in my mind. Thank you. - Thank you, sir. - Senator Jermaine. - To

Transportation, Technology & Legislative Affairs (Senate) — March 31, 2025 (1:39:56)

Maybe that's not correct, but when I know there's active litigation and lawsuits going on between utilities and RDOT in these really complex situations, and now this would, it feels like it's heavy-handed on the page 5, line 12, denial of permits. It doesn't feel imbalanced to me with unrelated projects. I think I'm leaning towards a no vote

Transportation, Technology & Legislative Affairs (Senate) — March 31, 2025 (1:39:36)

Mr. Chair. Remember, no questions to Senator Bryant. Understood. I

Transportation, Technology & Legislative Affairs (Senate) — March 31, 2025 (1:39:40)

think I echo some similar sentiments, Senator Dismaying, that I like the concept of trying to get a framework. I think on the denial of permits in an out-weighted maybe relationship is how I view it.

Transportation, Technology & Legislative Affairs (Senate) — March 31, 2025 (1:07:47)

questions if you have any. Any questions for Mr. Bethel? Seeing none,

Transportation, Technology & Legislative Affairs (Senate) — March 31, 2025 (1:07:28)

And as the others said, oftentimes the landowner wants to deal with RDOT first and then with us. And that can cause a disconnect in the schedule. And so that provision, we think, is important also is to time the enforcement schedule to that and with that, I think you've heard the issues that are of concern to us and I'll take

Transportation, Technology & Legislative Affairs (Senate) — March 31, 2025 (1:06:55)

is more often than not the problem we see is we have to wait for the department to identify what right-of-way they're going to have and then if the department changes the scope of the project if their right-of-way moves we have to then move our right-of-way during the project which causes a delay And we have to work with different landowners or the same landowner to get different property to place our facilities because our rights-of-way generally run parallel to the department's rights-of-way. And so as they expand, we expand.

Transportation, Technology & Legislative Affairs (Senate) — March 31, 2025 (1:06:24)

process and you still are out of compliance a civil sanction seems to be reasonable a holding of a permit in another area for an unrelated project prevents work being done that customers need both for reliability and extending service and other reasons and it doesn't seem an appropriate penalty provision to do that the civil sanction does seem to be the more appropriate fit and the other is the timing of when that clock starts and the acquisition of right-of-way

Transportation, Technology & Legislative Affairs (Senate) — March 31, 2025 (1:05:51)

Good evening Mr. Chairman, members of the committee, I'm John Bethel with Intergy Arkansas and I will echo the comments of the other utilities before me. First of all, thank Senator Bryant for he has worked with us on a lot of this and we are down to just a couple of issues, but those are significant issues that we think are important. The withholding of permits is an excessive penalty. we believe there is a penalty provision that has a civil sanction and we think that is a reasonable part of the process that if if you go through the entire

Transportation, Technology & Legislative Affairs (Senate) — March 31, 2025 (1:00:59)

- And I wanna hear Senator Bryan, if you wouldn't mind address in your close. Thank you.

Transportation, Technology & Legislative Affairs (Senate) — March 31, 2025 (1:00:46)

thing I think I had the base issue is, is that this also says that, yes, on that project, we're talking about you're delayed, but we're gonna hold a project 30 miles down the road as well because we're upset. - That is our, yes, sir.

Transportation, Technology & Legislative Affairs (Senate) — March 31, 2025 (1:00:28)

this would say that RDOT can fine you and a civil penalty potentially, and

Transportation, Technology & Legislative Affairs (Senate) — March 31, 2025 (1:00:17)

closing get that side as well, but you're saying that's a realistic scenario potentially where you're doing everything in your power to try to get easements, right-of-ways, and while you're trying your best,

Transportation, Technology & Legislative Affairs (Senate) — March 31, 2025 (59:58)

And I want both sides to ask

Transportation, Technology & Legislative Affairs (Senate) — March 31, 2025 (1:00:11)

Transportation and the utilities. - Okay, and I'll let the bill sponsor in his

Transportation, Technology & Legislative Affairs (Senate) — March 31, 2025 (59:27)

and I gotta map it out. And so, road can't expand until y'all move your utilities over. You can't get land next to you from the private land owners. Am I describing this right? - That would be a scenario, yes. - And then this bill is gonna say that RDOT is gonna point the figure at you, utilities, because you can't get the land fast enough and you're

Transportation, Technology & Legislative Affairs (Senate) — March 31, 2025 (59:53)

saying we're trying. And this bill is saying we're gonna fine you. Am I describing that fairly?

Transportation, Technology & Legislative Affairs (Senate) — March 31, 2025 (59:15)

Dease. - All right, maybe I want both sides to be able to maybe answer

Transportation, Technology & Legislative Affairs (Senate) — March 31, 2025 (59:20)

this. But again, for simplistic, road needs to expand, there's utilities running down the road,

Transportation, Technology & Legislative Affairs (Senate) — March 31, 2025 (36:16)

Has there ever been a conversation that way or coordination at all with