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Senate File 2086

Partial Bill History

Bill Text

PAG LIN
  1  1                                            SENATE FILE 2086
  1  2 
  1  3                             AN ACT 
  1  4 RELATING TO THE KILOWATT THRESHOLD FOR ELECTRIC TRANSMISSION
  1  5    LINE FRANCHISES, MAKING RELATED CHANGES, AND PROVIDING AN 
  1  6    EFFECTIVE DATE.  
  1  7 
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9 
  1 10    Section 1.  Section 478.1, Code 2001, is amended to read as
  1 11 follows:
  1 12    478.1  FRANCHISE.
  1 13    1.  A person shall not construct, erect, maintain, or
  1 14 operate a transmission line, wire, or cable which that is
  1 15 capable of operating at an electric voltage of thirty-four and
  1 16 one-half sixty-nine kilovolts or more along, over, or across
  1 17 any public highway or grounds outside of cities for the
  1 18 transmission, distribution, or sale of electric current,
  1 19 without first procuring from the utilities board within the
  1 20 utilities division of the department of commerce a franchise
  1 21 granting authority as provided in this chapter.  However, a
  1 22    2.  A franchise shall not be required for electric lines
  1 23 constructed entirely within the boundaries of property owned
  1 24 by a person primarily engaged in the transmission or
  1 25 distribution of electric power or entirely within the
  1 26 boundaries of property owned by the end user of the electric
  1 27 power.
  1 28    3.  If the transmission line, wire, or cable is capable of
  1 29 operating only at an electric voltage of less than thirty-four
  1 30 and one-half sixty-nine kilovolts, no franchise is required.
  1 31 However, the utilities board shall retain jurisdiction over
  1 32 all such lines, wires, or cables.
  1 33    4.  A person who seeks to construct, erect, maintain, or
  1 34 operate a transmission line, wire, or cable which that will
  1 35 operate at an electric voltage of less than thirty-four and
  2  1 one-half sixty-nine kilovolts outside of cities and which that
  2  2 cannot secure the necessary voluntary easements to do so may
  2  3 petition the board pursuant to section 478.3, subsection 1,
  2  4 for a franchise granting authority for such construction,
  2  5 erection, maintenance, or operation, and for the use of the
  2  6 right of eminent domain.
  2  7    Sec. 2.  Section 478.2, Code 2001, is amended to read as
  2  8 follows:
  2  9    478.2  PETITION FOR FRANCHISE – INFORMATIONAL MEETINGS
  2 10 HELD.
  2 11    1.  Any person, corporation, or company authorized to
  2 12 transact business in the state including cities may file a
  2 13 verified petition asking for a franchise to erect, maintain,
  2 14 and operate a line or lines for the transmission,
  2 15 distribution, use, and sale of electric current outside cities
  2 16 and for such purpose to erect, use, and maintain poles, wires,
  2 17 guy wires, towers, cables, conduits, and other fixtures and
  2 18 appliances necessary for conducting electric current for
  2 19 light, heat, or power over, along, and across any public
  2 20 lands, highways, streams, or the lands of any person, company,
  2 21 or corporation, and to acquire necessary interests in real
  2 22 estate for such purposes.
  2 23    2.  As conditions precedent to the filing of a petition
  2 24 with the utilities board requesting a franchise for a new
  2 25 transmission line, and not less than thirty days prior to the
  2 26 filing of such petition, the person, company, or corporation
  2 27 shall hold informational meetings in each county in which real
  2 28 property or rights therein will be affected.
  2 29    a.  A member of the board, the counsel of the board, or a
  2 30 hearing examiner designated by the board shall serve as the
  2 31 presiding officer at each meeting, shall present an agenda for
  2 32 such meeting which shall include a summary of the legal rights
  2 33 of the affected landowners, and shall distribute and review
  2 34 the statement of individual rights required under section
  2 35 6B.2A, subsection 1.  A formal record of the meeting shall not
  3  1 be required.
  3  2    b.  The meeting shall be held at a location reasonably
  3  3 accessible to all persons, companies, or corporations which
  3  4 that may be affected by the granting of the franchise.
  3  5    3.  The person, company, or corporation seeking the
  3  6 franchise for a new transmission line shall give notice of the
  3  7 informational meeting to each person, company, or corporation
  3  8 determined to be the landowner affected by the proposed
  3  9 project and any person, company, or corporation in possession
  3 10 of or residing on the property.
  3 11    a.  For the purposes of this section, "landowner" unless
  3 12 the context otherwise requires:
  3 13    (1)  "Landowner" means a person, company, or corporation
  3 14 listed on the tax assessment rolls as responsible for the
  3 15 payment of real estate taxes imposed on the property and
  3 16 "transmission.
  3 17    (2)  "Transmission line" means any line capable of
  3 18 operating at thirty-four and one-half sixty-nine kilovolts or
  3 19 more and extending a distance of not less than one mile across
  3 20 privately owned real estate.
  3 21    b.  The notice shall set forth contain the following:
  3 22    (1)  The name of the applicant; state the.
  3 23    (2)  The applicant's principal place of business; state
  3 24 the.
  3 25    (3)  A general description and purpose of the proposed
  3 26 project; state the.
  3 27    (4)  The general nature of the right-of-way desired; state
  3 28 the.
  3 29    (5)  The possibility that the right-of-way may be acquired
  3 30 by condemnation if approved by the utilities board; provide a.
  3 31    (6)  A map showing the route of the proposed project;
  3 32 provide a.
  3 33    (7)  A description of the process used by the utilities
  3 34 board in making a decision on whether to approve a franchise
  3 35 or grant the right to take property by eminent domain; advise.
  4  1    (8)  A statement that the landowner has the right to be
  4  2 present at such meetings and to file objections with the
  4  3 utilities board; designate the.
  4  4    (9)  The place and time of the meeting;.
  4  5    c.  The notice shall be served not less than thirty days
  4  6 prior to the time set for the meeting by certified mail with
  4  7 return receipt requested; and shall be published once in a
  4  8 newspaper of general circulation in the county at least one
  4  9 week and not more than three weeks before the time of the
  4 10 meeting and such publication shall be considered notice to
  4 11 landowners whose residence is not known.
  4 12    4.  No A person, company, or corporation seeking rights
  4 13 under this chapter shall not negotiate or purchase any
  4 14 easements or other interests in land in any county known to be
  4 15 affected by the proposed project prior to the informational
  4 16 meeting.
  4 17    Sec. 3.  Section 478.3, subsection 2, unnumbered paragraph
  4 18 1, Code Supplement 2001, is amended to read as follows:
  4 19    Petitions for transmission lines capable of operating at
  4 20 thirty-four and one-half sixty-nine kilovolts or more and
  4 21 extending a distance of not less than one mile across
  4 22 privately owned real estate shall also set forth an allegation
  4 23 that the proposed construction represents a reasonable
  4 24 relationship to an overall plan of transmitting electricity in
  4 25 the public interest and substantiation of such allegations,
  4 26 including but not limited to, a showing of the following:
  4 27    Sec. 4.  Section 478.13, unnumbered paragraph 2, Code 2001,
  4 28 is amended to read as follows:
  4 29    An extension of a franchise is not required for an electric
  4 30 transmission line which that has been permanently retired from
  4 31 operation at thirty-four and one-half sixty-nine kilovolts or
  4 32 more but which remains in service at a lower voltage.  The
  4 33 board shall be notified of changes in operating status.
  4 34    Sec. 5.  EFFECTIVE DATE.  This Act, being deemed of
  4 35 immediate importance, takes effect upon enactment.  
  5  1 
  5  2 
  5  3                                                             
  5  4                               MARY E. KRAMER
  5  5                               President of the Senate
  5  6 
  5  7 
  5  8                                                             
  5  9                               BRENT SIEGRIST
  5 10                               Speaker of the House
  5 11 
  5 12    I hereby certify that this bill originated in the Senate and
  5 13 is known as Senate File 2086, Seventy-ninth General Assembly.
  5 14 
  5 15 
  5 16                                                             
  5 17                               MICHAEL E. MARSHALL
  5 18                               Secretary of the Senate
  5 19 Approved                , 2002
  5 20 
  5 21 
  5 22                                
  5 23 THOMAS J. VILSACK
  5 24 Governor
     
Text: SF02085                           Text: SF02087
Text: SF02000 - SF02099                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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