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Senate File 2252

Partial Bill History

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 with the intent that the
  1 13 extension applications and proceedings are less extensive than
  1 14 original applications and proceedings.  Assessment of costs
  1 15 shall be as provided in section 478.4.
  1 16    2.  If the extension of franchise is sought for all lines
  1 17 in a given county or counties, the published notice need not
  1 18 contain a general description of the lands and highways
  1 19 traversed by the lines, but in lieu of containing such
  1 20 description the petitioner may offer to provide to any
  1 21 interested party, free of charge and within ten working days,
  1 22 a current, accurate map showing the location of the lines for
  1 23 which the franchise extension is sought.  The public notice
  1 24 shall advise the citizens of the county or counties affected
  1 25 of the availability of such map.  If this alternate procedure
  1 26 is not followed the publication of the description of the
  1 27 lands and highways traversed by the lines shall be done in the
  1 28 manner as in an original application for franchise.
  1 29    3.  In any event an An extension under this section shall
  1 30 be granted only for a valid, existing franchise, and the
  1 31 lands, roads, or streams covered by the franchise over,
  1 32 through, or upon which electric transmission lines have in
  1 33 fact been erected or constructed and are in use or operation
  1 34 at the time of the application for the extension of the
  1 35 franchise.  Such petition
  2  1    4.  The application for the extension of the franchise
  2  2 shall be accompanied by the written consent of the applicant
  2  3 that the provisions of all laws relating to public utilities,
  2  4 franchises, and transmission lines, or to the regulation,
  2  5 supervision, or control thereof which are then in force or
  2  6 which may be thereafter enacted, shall apply to its existing
  2  7 line or lines, franchises, and rights with the same force and
  2  8 effect as if such the franchise had been granted or such, the
  2  9 lines had been constructed, or rights had been obtained under
  2 10 the provisions of this chapter.
  2 11    5.  An extension of a franchise is not required for an
  2 12 electric transmission line which that has been permanently
  2 13 retired from operation at thirty-four and one-half kilovolts
  2 14 or more but which that remains in service at a lower voltage.
  2 15 The board shall be notified of changes in operating status.
  2 16    Sec. 2.  Section 478.18, Code 2001, is amended to read as
  2 17 follows:
  2 18    478.18  SUPERVISION OF CONSTRUCTION – LOCATION.
  2 19    1.  The utilities board shall have power of supervision
  2 20 over the construction of said a transmission line and over its
  2 21 future operation and maintenance.  Said
  2 22    2.  A transmission line shall be constructed near and
  2 23 parallel to roads, to the right of way right-of-way of the
  2 24 railways of the state, or along the division lines of the
  2 25 lands, according to the government survey thereof, wherever
  2 26 the same is practicable and reasonable, and so as not to
  2 27 interfere with the use by the public of the highways or
  2 28 streams of the state, nor unnecessarily interfere with the use
  2 29 of any lands by the occupant thereof.
  2 30    Sec. 3.  Section 478.21, Code 2001, is amended to read as
  2 31 follows:
  2 32    478.21  NONUSER.
  2 33    1.  If the improvement for which a franchise is granted is
  2 34 not constructed in whole or in part within two years from the
  2 35 date the franchise is granted, or within two years after final
  3  1 unappealable disposition of judicial review of a franchise
  3  2 order or of condemnation proceedings, the franchise shall be
  3  3 forfeited and the utilities board which granted the franchise
  3  4 shall revoke the franchise and make a record of the
  3  5 revocation, unless the person holding the franchise petitions
  3  6 the board for an extension of time.
  3  7    2.  Upon a showing of sufficient justification for the
  3  8 delay of construction, the board may grant an extension one or
  3  9 more extensions of time for not more than an additional
  3 10 periods up to two years for each extension.  An extension of
  3 11 time shall only be allowed for franchises granted on or after
  3 12 July 1, 1994.  
  3 13                           EXPLANATION
  3 14    This bill amends provisions of Code chapter 478, relating
  3 15 to electric transmission lines.
  3 16    Code section 478.13 is amended to provide for adoption of
  3 17 rules by the utilities board related to extension of utilities
  3 18 franchises.  The bill also divides current Code language into
  3 19 subsections, and modernizes certain language used in the Code
  3 20 section.
  3 21    Code section 478.18 is amended to include roadways as one
  3 22 of the preferred routes for electric lines.  The current Code
  3 23 also provides that division lines of land and railroad rights-
  3 24 of-way are other preferred routes for electric lines.  The
  3 25 bill also divides current Code language into subsections, and
  3 26 modernizes certain language used in the Code section.
  3 27    The bill amends Code section 478.21 to provide that the
  3 28 franchise for an electric transmission line may only be
  3 29 considered forfeited two years after final unappealable
  3 30 disposition of any judicial review of a franchise order or of
  3 31 any condemnation proceedings.  Code section 478.21 is also
  3 32 amended to allow multiple extensions to be granted during the
  3 33 construction of a franchised electric line if the franchisee
  3 34 can justify the extension.  The bill also divides current Code
  3 35 language into subsections.  
  4  1 LSB 5302SV 79
  4  2 jj/sh/8
     
Text: SF02251                           Text: SF02253
Text: SF02200 - SF02299                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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