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Senate Study Bill 1217 - IntroducedA Bill ForAn Act 1relating to merchant line franchise petition
2requirements.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 478.6A, subsection 2, Code 2023, is
2amended to read as follows:
32. Notwithstanding section 478.21, in addition to any
4other applicable requirements pursuant to this chapter, if a
5petition for a franchise to construct a merchant line that
6is proposed to be constructed above ground and involves the
7taking of property under eminent domain is not approved by the
8board and a franchise granted within three years following the
9date the petition is filed with the board pursuant to section
10478.3, the board shall reject the petition and make a record
11of the rejection. If the hearing on the petition conducted
12pursuant to section 478.4 has been held within the three-year
13period following the date the petition is filed, but the board
14has not completed its deliberations within that three-year
15period, the three-year period may be extended by the board to
16allow completion of deliberations. A petitioner shall not file
17a petition for the same or a similar project that has been
18rejected within sixty months following the date of rejection
19if the rejection was for failure to be approved within three
20years following the date the petition was filed as provided in
21this subsection.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
25This bill relates to merchant line franchise petition
26requirements.
27The bill specifies that if a proposed aboveground merchant
28line involving the use of eminent domain fails to be approved
29by the Iowa utilities board within three years following the
30submission of the franchise’s petition, the board shall reject
31the petition. Current law does not restrict this provision to
32aboveground merchant lines.
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2requirements.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 478.6A, subsection 2, Code 2023, is
2amended to read as follows:
32. Notwithstanding section 478.21, in addition to any
4other applicable requirements pursuant to this chapter, if a
5petition for a franchise to construct a merchant line that
6is proposed to be constructed above ground and involves the
7taking of property under eminent domain is not approved by the
8board and a franchise granted within three years following the
9date the petition is filed with the board pursuant to section
10478.3, the board shall reject the petition and make a record
11of the rejection. If the hearing on the petition conducted
12pursuant to section 478.4 has been held within the three-year
13period following the date the petition is filed, but the board
14has not completed its deliberations within that three-year
15period, the three-year period may be extended by the board to
16allow completion of deliberations. A petitioner shall not file
17a petition for the same or a similar project that has been
18rejected within sixty months following the date of rejection
19if the rejection was for failure to be approved within three
20years following the date the petition was filed as provided in
21this subsection.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
25This bill relates to merchant line franchise petition
26requirements.
27The bill specifies that if a proposed aboveground merchant
28line involving the use of eminent domain fails to be approved
29by the Iowa utilities board within three years following the
30submission of the franchise’s petition, the board shall reject
31the petition. Current law does not restrict this provision to
32aboveground merchant lines.
-1-es/rn