Senate Study Bill 1250 



                                       SENATE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            COMMERCE BILL BY
                                            CHAIRPERSON WARNSTADT)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act providing for the establishment of an abbreviated electric
  2    transmission franchise process, and providing an effective
  3    date.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2355XC 83
  6 rn/nh/5

PAG LIN



  1  1    Section 1.  Section 478.1, Code 2009, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  5.  Notwithstanding any other provision of
  1  4 this chapter, if an existing transmission line, wire, or cable
  1  5 is operating at thirty=four and one=half kilovolts, it may be
  1  6 franchised, rebuilt, and upgraded to be capable of operation
  1  7 at sixty=nine kilovolts using an abbreviated franchise process
  1  8 if the upgraded line will meet required safety standards, will
  1  9 be on substantially the same right=of=way, and will have
  1 10 substantially the same effect on the underlying properties.
  1 11 The abbreviated franchise process shall not require published
  1 12 notice or a public informational meeting.  The board may adopt
  1 13 rules defining relevant terms, setting forth the steps of the
  1 14 abbreviated process, and specifying the requirements for the
  1 15 petition.  The franchise may be granted if the board finds the
  1 16 upgraded line is necessary to serve a public use and
  1 17 represents a reasonable relationship to an overall plan of
  1 18 transmitting electricity in the public interest.  The
  1 19 franchise shall not become effective until the petitioner has
  1 20 paid, or agreed to pay, all costs and expenses of the
  1 21 franchise proceeding specified in section 478.4.
  1 22    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of
  1 23 immediate importance, takes effect upon enactment.
  1 24                           EXPLANATION
  1 25    This bill establishes an expedited or abbreviated electric
  1 26 transmission franchise approval process under specified
  1 27 circumstances.
  1 28    The bill provides that if an existing transmission line,
  1 29 wire, or cable is operating at 34.5 kilovolts, it may be
  1 30 franchised, rebuilt, and upgraded to 69 kilovolts using a
  1 31 franchise process which eliminates public notice and public
  1 32 informational meeting requirements otherwise applicable under
  1 33 Code chapter 478.  Utilization of the expedited process is
  1 34 conditioned upon the upgraded line meeting required safety
  1 35 standards, being on substantially the same right=of=way, and
  2  1 having substantially the same effect on the underlying
  2  2 properties.  The bill authorizes the utilities board of the
  2  3 utilities division of the department of commerce to adopt
  2  4 rules defining relevant terms, setting forth the steps of the
  2  5 abbreviated process, and specifying the requirements for the
  2  6 petition for franchise.  The bill provides that the franchise
  2  7 may be granted if the board finds the upgraded line is
  2  8 necessary to serve a public use and represents a reasonable
  2  9 relationship to an overall plan of transmitting electricity in
  2 10 the public interest, and that it will not become effective
  2 11 until the petitioner has paid, or agreed to pay, all costs and
  2 12 expenses of the franchise proceeding.
  2 13    The bill takes effect upon enactment.
  2 14 LSB 2355XC 83
  2 15 rn/nh/5