Text: HSB00619                          Text: HSB00621
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House Study Bill 620

Bill Text

PAG LIN
  1  1    Section 1.  Section 478.13, Code 2001, is amended to read
  1  2 as follows:
  1  3    478.13  EXTENSION OF FRANCHISE – PUBLIC NOTICE.
  1  4    1.  Any person, firm, or corporation owning a franchise
  1  5 granted under this chapter or previously existing law,
  1  6 desiring to acquire extensions of such franchise, may petition
  1  7 the utilities board in the manner provided for the granting of
  1  8 a franchise and the proceeding shall be conducted in the same
  1  9 manner as an original application, including the assessing of
  1 10 costs provided by section 478.4 for an extension of the
  1 11 franchise.  The board shall adopt rules governing extension
  1 12 applications and proceedings.  Assessment of costs shall be as
  1 13 provided in section 478.4.
  1 14    2.  If the extension of franchise is sought for all lines
  1 15 in a given county or counties, the published notice need not
  1 16 contain a general description of the lands and highways
  1 17 traversed by the lines, but in lieu of containing such
  1 18 description the petitioner may offer to provide to any
  1 19 interested party, free of charge and within ten working days,
  1 20 a current, accurate map showing the location of the lines for
  1 21 which the franchise extension is sought.  The public notice
  1 22 shall advise the citizens of the county or counties affected
  1 23 of the availability of such map.  If this alternate procedure
  1 24 is not followed the publication of the description of the
  1 25 lands and highways traversed by the lines shall be done in the
  1 26 manner as in an original application for franchise.
  1 27    3.  In any event an An extension under this section shall
  1 28 be granted only for a valid, existing franchise, and the
  1 29 lands, roads, or streams covered by the franchise over,
  1 30 through, or upon which electric transmission lines have in
  1 31 fact been erected or constructed and are in use or operation
  1 32 at the time of the application for the extension of the
  1 33 franchise.  Such petition
  1 34    4.  The application for the extension of the franchise
  1 35 shall be accompanied by the written consent of the applicant
  2  1 that the provisions of all laws relating to public utilities,
  2  2 franchises, and transmission lines, or to the regulation,
  2  3 supervision, or control thereof which are then in force or
  2  4 which may be thereafter enacted, shall apply to its existing
  2  5 line or lines, franchises, and rights with the same force and
  2  6 effect as if such the franchise had been granted or such, the
  2  7 lines had been constructed, or rights had been obtained under
  2  8 the provisions of this chapter.
  2  9    5.  An extension of a franchise is not required for an
  2 10 electric transmission line which that has been permanently
  2 11 retired from operation at thirty-four and one-half kilovolts
  2 12 or more but which that remains in service at a lower voltage.
  2 13 The board shall be notified of changes in operating status.
  2 14    Sec. 2.  Section 478.18, Code 2001, is amended to read as
  2 15 follows:
  2 16    478.18  SUPERVISION OF CONSTRUCTION – LOCATION.
  2 17    1.  The utilities board shall have power of supervision
  2 18 over the construction of said a transmission line and over its
  2 19 future operation and maintenance.  Said
  2 20    2.  A transmission line shall be constructed near and
  2 21 parallel to roads, to the right of way right-of-way of the
  2 22 railways of the state, or along the division lines of the
  2 23 lands, according to the government survey thereof, wherever
  2 24 the same is practicable and reasonable, and so as not to
  2 25 interfere with the use by the public of the highways or
  2 26 streams of the state, nor unnecessarily interfere with the use
  2 27 of any lands by the occupant thereof.
  2 28    Sec. 3.  Section 478.21, Code 2001, is amended to read as
  2 29 follows:
  2 30    478.21  NONUSER.
  2 31    1.  If the improvement for which a franchise is granted is
  2 32 not constructed in whole or in part within two years from the
  2 33 date the franchise is granted, or within two years after final
  2 34 unappealable disposition of judicial review of a franchise
  2 35 order or of condemnation proceedings, the franchise shall be
  3  1 forfeited and the utilities board which granted the franchise
  3  2 shall revoke the franchise and make a record of the
  3  3 revocation, unless the person holding the franchise petitions
  3  4 the board for an extension of time.
  3  5    2.  Upon a showing of sufficient justification for the
  3  6 delay of construction, the board may grant an extension one or
  3  7 more extensions of time for not more than an additional
  3  8 periods up to two years for each extension.  An extension of
  3  9 time shall only be allowed for franchises granted on or after
  3 10 July 1, 1994.  
  3 11                           EXPLANATION
  3 12    This bill amends provisions of Code chapter 478, relating
  3 13 to electric transmission lines.
  3 14    Code section 478.13 is amended to provide for adoption of
  3 15 rules by the utilities board related to extension of utilities
  3 16 franchises.  The bill also divides current Code language into
  3 17 subsections, and modernizes certain language used in the Code
  3 18 section.
  3 19    Code section 478.18 is amended to include roadways as one
  3 20 of the preferred routes for electric lines.  The current Code
  3 21 also provides that division lines of land and railroad rights-
  3 22 of-way are other preferred routes for electric lines.  The
  3 23 bill also divides current Code language into subsections, and
  3 24 modernizes certain language used in the Code section.
  3 25    The bill amends Code section 478.21 to provide that the
  3 26 franchise for an electric transmission line may only be
  3 27 considered forfeited two years after final unappealable
  3 28 disposition of any judicial review of a franchise order or of
  3 29 any condemnation proceedings.  Code section 478.21 is also
  3 30 amended to allow multiple extensions to be granted during the
  3 31 construction of a franchised electric line if the franchisee
  3 32 can justify the extension.  The bill also divides current Code
  3 33 language into subsections.  
  3 34 LSB 5302DP 79
  3 35 jj/sh/8
     

Text: HSB00619                          Text: HSB00621
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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