HSB 540 (LSB 5709YC (1) 88)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON CARLSON)

A BILL FOR

An Act relating to the construction, ownership, and maintenance of electric transmission lines.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  476.26A  Right to construct, own, and maintain electric transmission lines.
   1.  As used in this section, unless the context otherwise requires:
   a.  “Electric transmission line” means a high-voltage electric transmission line with a capacity of one hundred kilovolts or more and any associated electric transmission facilities.
   b.  “Electric transmission owner” means an individual or entity who, as of the effective date of this Act, owns and maintains an electric transmission facility including electric transmission lines, wires, or cables that are capable of operating at an electric voltage of one hundred kilovolts or more that are required for rate-regulated electric utilities, municipal electric utilities, and rural electric cooperatives in this state to provide electric service to the public for compensation.
   c.  “Incumbent electric transmission owner” means any of the following:
   (1)  A public utility or a municipally owned utility that owns, operates, and maintains an electric transmission line in this state.
   (2)  An electric cooperative corporation or association or municipally owned utility that owns an electric transmission facility in this state and has turned over the functional control of such facility to a federally approved authority.
   (3)  An “electric transmission owner” as defined in paragraph “b”.
   d.  “Municipally owned utility” means a “city utility” as defined in section 362.2, or an “electric power agency” as defined in section 390.9 which is comprised solely of cities or solely of cities and other political subdivisions.
   2.  An incumbent electric transmission owner may construct, own, and maintain an electric transmission line that has been approved for construction in a federally registered planning authority transmission plan and which connects to an electric transmission facility owned by the incumbent electric transmission owner. Where an electric transmission line connects to electric transmission facilities owned by two or more incumbent electric transmission owners, each incumbent electric transmission owner whose facilities connect to the electric transmission line may construct, own, and maintain the electric transmission line individually and equally. If an incumbent electric transmission owner declines to construct, own, and maintain its portion of an electric transmission line that connects to electric transmission facilities owned by two or more incumbent electric transmission owners, then the other incumbent electric transmission owner or owners that own the electric transmission facilities to which the electric transmission line connects may construct, own, and maintain the electric transmission line individually and equally.
   3.  This section shall not modify the authority of the board under chapter 478 or the requirements, rights, and obligations relating to the construction, maintenance, and operation of electric transmission lines pursuant to chapter 478.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the construction, ownership, and maintenance of electric transmission lines.
   The bill allows an incumbent electric transmission owner, as defined in the bill, to construct, own, and maintain an electric transmission line, as defined in the bill, that has been approved for construction in a federally registered planning authority transmission plan and which connects to the owner’s electric transmission facility. Where an electric transmission line connects to electric transmission facilities owned by two or more incumbent electric transmission owners, each owner whose facilities connect to the electric transmission line may construct, own, and maintain the electric transmission line individually and equally. If an incumbent electric transmission owner declines to construct, own, and maintain its portion of an electric transmission line that connects to electric transmission facilities owned by two or more owners, then the other owners to which the electric transmission line connects may construct, own, and maintain the electric transmission line individually and equally. The bill provides that the bill does not modify the authority of the board or the requirements, rights, and obligations related to the construction, maintenance, and operation of electric transmission lines under Code chapter 478.