Text: HF02355                           Text: HF02357
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House File 2356

Partial Bill History

Bill Introduced: H.J. 347
Complete Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 478.1, Code 2001, is amended to read as
  1  2 follows:
  1  3    478.1  FRANCHISE.
  1  4    1.  A person shall not construct, erect, maintain, or
  1  5 operate a transmission line, wire, or cable which that is
  1  6 capable of operating at an electric voltage of thirty-four and
  1  7 one-half sixty-nine kilovolts or more along, over, or across
  1  8 any public highway or grounds outside of cities for the
  1  9 transmission, distribution, or sale of electric current,
  1 10 without first procuring from the utilities board within the
  1 11 utilities division of the department of commerce a franchise
  1 12 granting authority as provided in this chapter.  However, a
  1 13    2.  A franchise shall not be required for electric lines
  1 14 constructed entirely within the boundaries of property owned
  1 15 by a person primarily engaged in the transmission or
  1 16 distribution of electric power or entirely within the
  1 17 boundaries of property owned by the end user of the electric
  1 18 power.
  1 19    3.  If the transmission line, wire, or cable is capable of
  1 20 operating only at an electric voltage of less than thirty-four
  1 21 and one-half sixty-nine kilovolts, no franchise is required.
  1 22 However, the utilities board shall retain jurisdiction over
  1 23 all such lines, wires, or cables.
  1 24    4.  A person who seeks to construct, erect, maintain, or
  1 25 operate a transmission line, wire, or cable which that will
  1 26 operate at an electric voltage of less than thirty-four and
  1 27 one-half sixty-nine kilovolts outside of cities and which that
  1 28 cannot secure the necessary voluntary easements to do so may
  1 29 petition the board pursuant to section 478.3, subsection 1,
  1 30 for a franchise granting authority for such construction,
  1 31 erection, maintenance, or operation, and for the use of the
  1 32 right of eminent domain.
  1 33    Sec. 2.  Section 478.2, Code 2001, is amended to read as
  1 34 follows:
  1 35    478.2  PETITION FOR FRANCHISE – INFORMATIONAL MEETINGS
  2  1 HELD.
  2  2    1.  Any person, corporation, or company authorized to
  2  3 transact business in the state including cities may file a
  2  4 verified petition asking for a franchise to erect, maintain,
  2  5 and operate a line or lines for the transmission,
  2  6 distribution, use, and sale of electric current outside cities
  2  7 and for such purpose to erect, use, and maintain poles, wires,
  2  8 guy wires, towers, cables, conduits, and other fixtures and
  2  9 appliances necessary for conducting electric current for
  2 10 light, heat, or power over, along, and across any public
  2 11 lands, highways, streams, or the lands of any person, company,
  2 12 or corporation, and to acquire necessary interests in real
  2 13 estate for such purposes.
  2 14    2.  As conditions precedent to the filing of a petition
  2 15 with the utilities board requesting a franchise for a new
  2 16 transmission line, and not less than thirty days prior to the
  2 17 filing of such petition, the person, company, or corporation
  2 18 shall hold informational meetings in each county in which real
  2 19 property or rights therein will be affected.
  2 20    a.  A member of the board, the counsel of the board, or a
  2 21 hearing examiner designated by the board shall serve as the
  2 22 presiding officer at each meeting, shall present an agenda for
  2 23 such meeting which shall include a summary of the legal rights
  2 24 of the affected landowners, and shall distribute and review
  2 25 the statement of individual rights required under section
  2 26 6B.2A, subsection 1.  A formal record of the meeting shall not
  2 27 be required.
  2 28    b.  The meeting shall be held at a location reasonably
  2 29 accessible to all persons, companies, or corporations which
  2 30 that may be affected by the granting of the franchise.
  2 31    3.  The person, company, or corporation seeking the
  2 32 franchise for a new transmission line shall give notice of the
  2 33 informational meeting to each person, company, or corporation
  2 34 determined to be the landowner affected by the proposed
  2 35 project and any person, company, or corporation in possession
  3  1 of or residing on the property.
  3  2    a.  For the purposes of this section, "landowner" unless
  3  3 the context otherwise requires:
  3  4    (1)  "Landowner" means a person, company, or corporation
  3  5 listed on the tax assessment rolls as responsible for the
  3  6 payment of real estate taxes imposed on the property and
  3  7 "transmission.
  3  8    (2)  "Transmission line" means any line capable of
  3  9 operating at thirty-four and one-half sixty-nine kilovolts or
  3 10 more and extending a distance of not less than one mile across
  3 11 privately owned real estate.
  3 12    b.  The notice shall set forth contain the following:
  3 13    (1)  The name of the applicant; state the.
  3 14    (2)  The applicant's principal place of business; state
  3 15 the.
  3 16    (3)  A general description and purpose of the proposed
  3 17 project; state the.
  3 18    (4)  The general nature of the right-of-way desired; state
  3 19 the.
  3 20    (5)  The possibility that the right-of-way may be acquired
  3 21 by condemnation if approved by the utilities board; provide a.
  3 22    (6)  A map showing the route of the proposed project;
  3 23 provide a.
  3 24    (7)  A description of the process used by the utilities
  3 25 board in making a decision on whether to approve a franchise
  3 26 or grant the right to take property by eminent domain; advise.
  3 27    (8)  A statement that the landowner has the right to be
  3 28 present at such meetings and to file objections with the
  3 29 utilities board; designate the.
  3 30    (9)  The place and time of the meeting;.
  3 31    c.  The notice shall be served not less than thirty days
  3 32 prior to the time set for the meeting by certified mail with
  3 33 return receipt requested; and shall be published once in a
  3 34 newspaper of general circulation in the county at least one
  3 35 week and not more than three weeks before the time of the
  4  1 meeting and such publication shall be considered notice to
  4  2 landowners whose residence is not known.
  4  3    4.  No A person, company, or corporation seeking rights
  4  4 under this chapter shall not negotiate or purchase any
  4  5 easements or other interests in land in any county known to be
  4  6 affected by the proposed project prior to the informational
  4  7 meeting.
  4  8    Sec. 3.  Section 478.3, subsection 2, unnumbered paragraph
  4  9 1, Code Supplement 2001, is amended to read as follows:
  4 10    Petitions for transmission lines capable of operating at
  4 11 thirty-four and one-half sixty-nine kilovolts or more and
  4 12 extending a distance of not less than one mile across
  4 13 privately owned real estate shall also set forth an allegation
  4 14 that the proposed construction represents a reasonable
  4 15 relationship to an overall plan of transmitting electricity in
  4 16 the public interest and substantiation of such allegations,
  4 17 including but not limited to, a showing of the following:
  4 18    Sec. 4.  Section 478.13, unnumbered paragraph 2, Code 2001,
  4 19 is amended to read as follows:
  4 20    An extension of a franchise is not required for an electric
  4 21 transmission line which that has been permanently retired from
  4 22 operation at thirty-four and one-half sixty-nine kilovolts or
  4 23 more but which remains in service at a lower voltage.  The
  4 24 board shall be notified of changes in operating status.
  4 25    Sec. 5.  EFFECTIVE DATE.  This Act, being deemed of
  4 26 immediate importance, takes effect upon enactment.  
  4 27                              EXPLANATION
  4 28    This bill increases the transmission line franchise
  4 29 requirement threshold in Code chapter 478 from 34.5 kilovolts
  4 30 to 69 kilovolts, by making changes in Code sections 478.1,
  4 31 478.2, 478.3, and 478.13.
  4 32    The bill also divides some existing Code sections into
  4 33 subsections, paragraphs, and subparagraphs, and makes some
  4 34 grammatical changes.  The bill deletes several redundant
  4 35 references to "person, company or corporation" in Code section
  5  1 478.2, using instead the simpler "person", which is defined in
  5  2 Code section 4.1, subsection 20, as an "individual,
  5  3 corporation, limited liability company, government or
  5  4 governmental subdivision or agency, business trust, estate,
  5  5 trust, partnership or association, or any other legal entity".
  5  6    The bill is effective upon enactment.  
  5  7 LSB 5893HH 79
  5  8 jj/sh/8

Text: HF02355                           Text: HF02357
Text: HF02300 - HF02399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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