Text: HF02340 Text: HF02342 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2341 1 2 1 3 AN ACT 1 4 RELATING TO ELECTRIC TRANSMISSION LINES. 1 5 1 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 7 1 8 Section 1. Section 478.13, Code 2001, is amended to read 1 9 as follows: 1 10 478.13 EXTENSION OF FRANCHISE – PUBLIC NOTICE. 1 11 1. Any person, firm, or corporation owning a franchise 1 12 granted under this chapter or previously existing law,1 13desiring to acquire extensions of such franchise,may petition 1 14 the utilities boardin the manner provided for the granting of1 15a franchise and the proceeding shall be conducted in the same1 16manner as an original application, including the assessing of1 17costs provided by section 478.4for an extension of the 1 18 franchise. The board shall adopt rules governing extension 1 19 applications and proceedings with the intent that the 1 20 extension applications and proceedings are less extensive than 1 21 original applications and proceedings. Assessment of costs 1 22 shall be as provided in section 478.4. 1 23 2. If the extension of franchise is sought for all lines 1 24 in a given county or counties, the published notice need not 1 25 contain a general description of the lands and highways 1 26 traversed by the lines, but in lieu of containing such 1 27 description the petitioner may offer to provide to any 1 28 interested party, free of charge and within ten working days, 1 29 a current, accurate map showing the location of the lines for 1 30 which the franchise extension is sought. The public notice 1 31 shall advise the citizens of the county or counties affected 1 32 of the availability of such map. If this alternate procedure 1 33 is not followed the publication of the description of the 1 34 lands and highways traversed by the lines shall be done in the 1 35 manner as in an original application for franchise. 2 1 3.In any event anAn extension under this section shall 2 2 be granted only for a valid, existing franchise, and the 2 3 lands, roads, or streams covered by the franchise over, 2 4 through, or upon which electric transmission lines have in 2 5 fact been erected or constructed and are in use or operation 2 6 at the time of the application for the extension of the 2 7 franchise.Such petition2 8 4. The application for the extension of the franchise 2 9 shall be accompanied by the written consent of the applicant 2 10 that the provisions of all laws relating to public utilities, 2 11 franchises, and transmission lines, or to the regulation, 2 12 supervision, or control thereof which are then in force or 2 13 which may be thereafter enacted, shall apply to its existing 2 14 line or lines, franchises, and rightswith the same force and2 15effectas ifsuchthe franchise had been grantedor such, the 2 16 lines had been constructed, or rights had been obtained under 2 17 the provisions of this chapter. 2 18 5. An extension of a franchise is not required for an 2 19 electric transmission linewhichthat has been permanently 2 20 retired from operation at thirty-four and one-half kilovolts 2 21 or more butwhichthat remains in service at a lower voltage. 2 22 The board shall be notified of changes in operating status. 2 23 Sec. 2. Section 478.18, Code 2001, is amended to read as 2 24 follows: 2 25 478.18 SUPERVISION OF CONSTRUCTION – LOCATION. 2 26 1. The utilities board shall have power of supervision 2 27 over the construction ofsaida transmission line and over its 2 28 future operation and maintenance.Said2 29 2. A transmission line shall be constructed near and 2 30 parallel to roads, to theright of wayright-of-way of the 2 31 railways of the state, or along the division lines of the 2 32 lands, according to the government surveythereof, wherever 2 33 the same is practicable and reasonable, and so as not to 2 34 interfere with the use by the public of the highways or 2 35 streams of the state, nor unnecessarily interfere with the use 3 1 of any lands by the occupantthereof. 3 2 Sec. 3. Section 478.21, Code 2001, is amended to read as 3 3 follows: 3 4 478.21 NONUSER. 3 5 1. If the improvement for which a franchise is granted is 3 6 not constructed in whole or in part within two years from the 3 7 date the franchise is granted, or within two years after final 3 8 unappealable disposition of judicial review of a franchise 3 9 order or of condemnation proceedings, the franchise shall be 3 10 forfeited and the utilities board which granted the franchise 3 11 shall revoke the franchise and make a record of the 3 12 revocation, unless the person holding the franchise petitions 3 13 the board for an extension of time. 3 14 2. Upon a showing of sufficient justification for the 3 15 delay of construction, the board may grantan extensionone or 3 16 more extensions of time fornot more than an additional3 17 periods up to two years for each extension.An extension of3 18time shall only be allowed for franchises granted on or after3 19July 1, 1994.3 20 3 21 3 22 3 23 BRENT SIEGRIST 3 24 Speaker of the House 3 25 3 26 3 27 3 28 MARY E. KRAMER 3 29 President of the Senate 3 30 3 31 I hereby certify that this bill originated in the House and 3 32 is known as House File 2341, Seventy-ninth General Assembly. 3 33 3 34 3 35 4 1 MARGARET THOMSON 4 2 Chief Clerk of the House 4 3 Approved , 2002 4 4 4 5 4 6 4 7 THOMAS J. VILSACK 4 8 Governor
Text: HF02340 Text: HF02342 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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