Text: S05159                            Text: S05161
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Senate Amendment 5160

Amendment Text

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 cable which
  1 10 that is capable of operating at an electric voltage of
  1 11 thirty-four and one-half sixty-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, a
  1 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 than thirty-four and one-half sixty-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 cable which that will operate at an electric voltage
  1 33 of less than thirty-four and one-half sixty-nine
  1 34 kilovolts outside of cities and which that 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 at thirty-four and
  1 43 one-half sixty-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 company authorized
  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 corporation shall hold
  2 18 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
  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, or
  2 31 corporations which that may be affected by the
  2 32 granting of the franchise.
  2 33    3.  The person, company, or corporation seeking 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, or
  2 43 corporation listed on the tax assessment rolls as
  2 44 responsible for the payment of real estate taxes
  2 45 imposed on the property and "transmission.
  2 46    (2)  "Transmission line" means any line capable of
  2 47 operating at thirty-four and one-half sixty-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 shall set forth contain 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  4 state 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.  No A person, company, or corporation seeking
  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 at thirty-four and one-half sixty-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

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