A lease, contract, or other agreement entered into after July 1, 2026, that authorizes subsurface construction beneath a right-of-way or property owned by this state that is part of the state highway system must include provisions addressing the payment or allocation of costs associated with the preparation, review, certification, or approval of engineering plans, designs, and specifications required by the department of transportation or by applicable federal or state law, including costs associated with review or certification performed by the department of transportation or by an independent third-party engineer.