Text: S05159 Text: S05161 Text: S05100 - S05199 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 2341, as amended, passed, and 1 2 reprinted by the House, as follows: 1 3 #1. Page 1, by inserting before line 1 the 1 4 following: 1 5 "Section 1. Section 478.1, Code 2001, is amended 1 6 to read as follows: 1 7 478.1 FRANCHISE. 1 8 1. A person shall not construct, erect, maintain, 1 9 or operate a transmission line, wire, or cablewhich1 10 that is capable of operating at an electric voltage of 1 11thirty-four and one-halfsixty-nine kilovolts or more 1 12 along, over, or across any public highway or grounds 1 13 outside of cities for the transmission, distribution, 1 14 or sale of electric current,without first procuring 1 15 from the utilities board within the utilities division 1 16 of the department of commerce a franchise granting 1 17 authority as provided in this chapter.However, a1 18 2. A franchise shall not be required for electric 1 19 lines constructed entirely within the boundaries of 1 20 property owned by a person primarily engaged in the 1 21 transmission or distribution of electric power or 1 22 entirely within the boundaries of property owned by 1 23 the end user of the electric power. 1 24 3. If the transmission line, wire, or cable is 1 25 capable of operating only at an electric voltage of 1 26 less thanthirty-four and one-halfsixty-nine 1 27 kilovolts, no franchise is required. However, the 1 28 utilities board shall retain jurisdiction over all 1 29 such lines, wires, or cables. 1 30 4. A person who seeks to construct, erect, 1 31 maintain, or operate a transmission line, wire, or 1 32 cablewhichthat will operate at an electric voltage 1 33 of less thanthirty-four and one-halfsixty-nine 1 34 kilovolts outside of cities andwhichthat cannot 1 35 secure the necessary voluntary easements to do so may 1 36 petition the board pursuant to section 478.3, 1 37 subsection 1, for a franchise granting authority for 1 38 such construction, erection, maintenance, or 1 39 operation, and for the use of the right of eminent 1 40 domain." 1 41 #2. Page 2, by striking line 13, and inserting the 1 42 following: "retired from operation atthirty-four and1 43one-halfsixty-nine kilovolts". 1 44 #3. Page 2, by inserting after line 15 the 1 45 following: 1 46 "Sec. . Section 478.2, Code 2001, is amended to 1 47 read as follows: 1 48 478.2 PETITION FOR FRANCHISE INFORMATIONAL 1 49 MEETINGS HELD. 1 50 1. Any person, corporation, or companyauthorized 2 1 to transact business in the state including cities may 2 2 file a verified petition asking for a franchise to 2 3 erect, maintain, and operate a line or lines for the 2 4 transmission, distribution, use, and sale of electric 2 5 current outside cities and for such purpose to erect, 2 6 use, and maintain poles, wires, guy wires, towers, 2 7 cables, conduits, and other fixtures and appliances 2 8 necessary for conducting electric current for light, 2 9 heat, or power over, along, and across any public 2 10 lands, highways, streams, or the lands of any person, 2 11 company, or corporation, and to acquire necessary 2 12 interests in real estate for such purposes. 2 13 2. As conditions precedent to the filing of a 2 14 petition with the utilities board requesting a 2 15 franchise for a new transmission line, and not less 2 16 than thirty days prior to the filing of such petition, 2 17 the person, company, or corporationshall hold 2 18 informational meetings in each county in which real 2 19 property or rightsthereinwill be affected. 2 20 a. A member of the board, the counsel of the 2 21 board, or a hearing examiner designated by the board 2 22 shall serve as the presiding officer at each meeting, 2 23 shall present an agenda for such meeting which shall 2 24 include a summary of the legal rights of the affected 2 25 landowners, and shall distribute and review the 2 26 statement of individual rights required under section 2 27 6B.2A, subsection 1. A formal record of the meeting 2 28 shall not be required. 2 29 b. The meeting shall be held at a location 2 30 reasonably accessible to all persons, companies, or2 31corporations whichthat may be affected by the 2 32 granting of the franchise. 2 33 3. The person, company, or corporationseeking the 2 34 franchise for a new transmission line shall give 2 35 notice of the informational meeting to each person, 2 36 company, or corporation determined to be the landowner 2 37 affected by the proposed project and any person, 2 38 company, or corporation in possession of or residing 2 39 on the property. 2 40 a. For the purposes of this section,"landowner"2 41 unless the context otherwise requires: 2 42 (1) "Landowner" means a person, company, or2 43corporationlisted on the tax assessment rolls as 2 44 responsible for the payment of real estate taxes 2 45 imposed on the propertyand "transmission. 2 46 (2) "Transmission line" means any line capable of 2 47 operating atthirty-four and one-halfsixty-nine 2 48 kilovolts or more and extending a distance of not less 2 49 than one mile across privately owned real estate. 2 50 b. The notice shallset forthcontain the 3 1 following: 3 2 (1) The name of the applicant; state the. 3 3 (2) The applicant's principal place of business;3 4state the. 3 5 (3) A general description and purpose of the 3 6 proposed project; state the. 3 7 (4) The general nature of the right-of-way 3 8 desired; state the. 3 9 (5) The possibility that the right-of-way may be 3 10 acquired by condemnation if approved by the utilities 3 11 board; provide a. 3 12 (6) A map showing the route of the proposed 3 13 project; provide a. 3 14 (7) A description of the process used by the 3 15 utilities board in making a decision on whether to 3 16 approve a franchise or grant the right to take 3 17 property by eminent domain; advise. 3 18 (8) A statement that the landowner has the right 3 19 to be present at such meetings and to file objections 3 20 with the utilities board; designate the. 3 21 (9) The place and time of the meeting;. 3 22 c. The notice shall be served not less than thirty 3 23 days prior to the time set for the meeting by 3 24 certified mail with return receipt requested;and 3 25 shall be published once in a newspaper of general 3 26 circulation in the county at least one week and not 3 27 more than three weeks before the time of the meeting 3 28 and such publication shall be considered notice to 3 29 landowners whose residence is not known. 3 30 4.NoA person, company, or corporationseeking 3 31 rights under this chapter shall not negotiate or 3 32 purchase any easements or other interests in land in 3 33 any county known to be affected by the proposed 3 34 project prior to the informational meeting. 3 35 Sec. . Section 478.3, subsection 2, unnumbered 3 36 paragraph 1, Code Supplement 2001, is amended to read 3 37 as follows: 3 38 Petitions for transmission lines capable of 3 39 operating atthirty-four and one-halfsixty-nine 3 40 kilovolts or more and extending a distance of not less 3 41 than one mile across privately owned real estate shall 3 42 also set forth an allegation that the proposed 3 43 construction represents a reasonable relationship to 3 44 an overall plan of transmitting electricity in the 3 45 public interest and substantiation of such 3 46 allegations, including but not limited to, a showing 3 47 of the following:" 3 48 #4. Page 3, by inserting after line 12 the 3 49 following: 3 50 "Sec. . EFFECTIVE DATE. This Act, being deemed 4 1 of immediate importance, takes effect upon enactment." 4 2 #5. Title page, line 1, by inserting after the 4 3 word "lines" the following: "and providing an 4 4 effective date". 4 5 #6. By renumbering, redesignating, and correcting 4 6 internal references as necessary. 4 7 4 8 4 9 4 10 COMMITTEE ON COMMERCE 4 11 JOHN W. JENSEN, Chairperson 4 12 HF 2341.303 79 4 13 jj/cf
Text: S05159 Text: S05161 Text: S05100 - S05199 Text: S Index Bills and Amendments: General Index Bill History: General Index
© 2002 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Fri Mar 15 03:25:54 CST 2002
URL: /DOCS/GA/79GA/Legislation/S/05100/S05160/020313.html
jhf