Senate File 2311 H-8357 Amend the amendment, H-8340, to Senate File 2311, as 1 amended, passed, and reprinted by the Senate, as follows: 2 1. Page 11, after line 4 by inserting: 3 < Sec. ___. NEW SECTION . 476.26A Right to construct, own, 4 and maintain electric transmission lines. 5 1. As used in this section, unless the context otherwise 6 requires: 7 a. “Electric transmission line” means a high-voltage 8 electric transmission line with a capacity of one hundred 9 kilovolts or more and any associated electric transmission 10 facilities. 11 b. “Electric transmission owner” means an individual or 12 entity who, as of the effective date of this Act, owns and 13 maintains an electric transmission facility including electric 14 transmission lines, wires, or cables that are capable of 15 operating at an electric voltage of one hundred kilovolts or 16 more that are required for rate-regulated electric utilities, 17 municipal electric utilities, and rural electric cooperatives 18 in this state to provide electric service to the public for 19 compensation. 20 c. “Incumbent electric transmission owner” means any of the 21 following: 22 (1) A public utility or a municipally owned utility that 23 owns, operates, and maintains an electric transmission line in 24 this state. 25 (2) An electric cooperative corporation or association or 26 municipally owned utility that owns an electric transmission 27 facility in this state and has turned over the functional 28 control of such facility to a federally approved authority. 29 (3) An “electric transmission owner” as defined in paragraph 30 “b” . 31 d. “Municipally owned utility” means a “city utility” as 32 defined in section 362.2, or an “electric power agency” as 33 defined in section 390.9 which is comprised solely of cities or 34 solely of cities and other political subdivisions. 35 -1- H8340.5136 (1) 87 gh/rn 1/ 2 #1.
2. An incumbent electric transmission owner may construct, 1 own, and maintain an electric transmission line that has 2 been approved for construction in a federally registered 3 planning authority transmission plan and which connects to an 4 electric transmission facility owned by the incumbent electric 5 transmission owner. Where an electric transmission line 6 connects to electric transmission facilities owned by two or 7 more incumbent electric transmission owners, each incumbent 8 electric transmission owner whose facilities connect to the 9 electric transmission line may construct, own, and maintain the 10 electric transmission line individually and equally. If an 11 incumbent electric transmission owner declines to construct, 12 own, and maintain its portion of an electric transmission line 13 that connects to electric transmission facilities owned by 14 two or more incumbent electric transmission owners, then the 15 other incumbent electric transmission owner or owners that own 16 the electric transmission facilities to which the electric 17 transmission line connects may construct, own, and maintain the 18 electric transmission line individually and equally. 19 3. This section shall not modify the authority of the board 20 under chapter 478 or the requirements, rights, and obligations 21 relating to the construction, maintenance, and operation of 22 electric transmission lines pursuant to chapter 478. > 23 2. By renumbering as necessary. 24 ______________________________ WATTS of Dallas -2- H8340.5136 (1) 87 gh/rn 2/ 2 #2.