House
File
2279
H-8176
Amend
House
File
2279
as
follows:
1
1.
Page
1,
after
line
2
by
inserting:
2
<
Sec.
___.
Section
364.2,
subsection
4,
Code
2024,
is
3
amended
by
adding
the
following
new
paragraph:
4
NEW
PARAGRAPH
.
h.
(1)
When
a
person
requests
a
franchise
5
for
a
merchant
line
as
defined
in
section
478.6A
and
that
6
requester
possesses
a
franchise
issued
by
the
Iowa
utilities
7
board
outside
of
a
city,
and
when
the
proposed
merchant
line
8
is
more
than
fifty
miles
in
total
length
within
the
state
and
9
will
be
underground
within
the
limits
of
the
city,
all
of
the
10
following
apply:
11
(a)
A
person
shall
submit
a
written
franchise
request
12
including
the
proposed
terms
and
conditions
of
the
franchise.
13
(b)
Upon
receipt
of
the
franchise
request
for
a
merchant
14
line,
a
city
shall
conduct
a
hearing
pursuant
to
this
15
subsection.
The
city
and
the
person
may
negotiate
the
terms
16
of
a
franchise
prior
to
the
approval
of
an
ordinance.
A
city
17
may
not
unreasonably
refuse
to
grant
a
franchise
for
a
merchant
18
line.
If
the
city
denies
the
franchise
request,
the
city
shall
19
provide
the
person
with
a
written
denial
of
the
franchise
based
20
on
substantial
evidence
in
the
record
demonstrating
that
the
21
proposed
transmission
line
would
have
a
significant
adverse
22
impact
on
the
health
or
safety
of
the
city’s
residents
or
23
public
facilities
that
would
not
have
been
considered
by
the
24
Iowa
utilities
board.
25
(c)
If
the
city
has
not
held
the
required
hearing
or
has
not
26
acted
on
a
request
for
a
franchise
for
a
merchant
line
within
27
ninety
days
of
the
receipt
of
the
request,
notwithstanding
any
28
other
terms
of
the
Code,
the
franchise
is
deemed
approved
by
29
the
city.
If
a
request
is
timely
denied,
the
person
may
seek
a
30
certiorari
judicial
review
by
filing
a
petition
either
in
Polk
31
county
district
court
or
in
the
district
court
for
the
county
32
in
which
the
petitioner
resides
or
the
principal
place
of
the
33
requester
for
the
merchant
line.
34
(d)
This
subsection
applies
to
eligible
merchant
lines
for
35
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1/
2
#1.
which
a
franchise
has
been
granted
pursuant
to
chapter
478
1
prior
to
the
effective
date
of
this
subsection.
2
(2)
This
paragraph
is
repealed
effective
January
1,
2026.
>
3
2.
By
renumbering
as
necessary.
4
______________________________
WILZ
of
Wapello
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HF
2279.3525
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2/
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#2.