House File 2056 - Introduced HOUSE FILE 2056 BY GRASSLEY , KAUFMANN , ROGERS , FISHER , WATTS , HEARTSILL , PETTENGILL , and BYRNES A BILL FOR An Act modifying requirements applicable to petitions for the 1 construction of an electric transmission line or other 2 related facilities. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5444YH (4) 85 rn/nh

H.F. 2056 Section 1. Section 478.2, Code 2014, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 5. In the event a petition objecting to 3 the proposed project is presented at the informational meeting 4 containing a minimum of two hundred fifty signatures from 5 individuals residing in any county affected by the proposed 6 project, any resident signing the petition shall be allowed to 7 present their perspective regarding the proposed project at the 8 meeting. The resident shall be allotted the same amount of 9 time for such presentation as is allotted to the person seeking 10 the franchise for a new transmission line. For the purposes of 11 this subsection, the two hundred fifty-signature requirement 12 shall apply cumulatively across county lines to include or 13 encompass individuals residing in any county affected by the 14 proposed project. 15 Sec. 2. Section 478.15, unnumbered paragraph 1, Code 2014, 16 is amended to read as follows: 17 Any person, company, or corporation having secured a 18 franchise as provided in this chapter , shall thereupon be 19 vested with the right of eminent domain to such extent as the 20 utilities board may approve, prescribe and find to be necessary 21 for public use, not exceeding one hundred feet in width for 22 right-of-way and not exceeding one hundred sixty acres in any 23 one location, in addition to right-of-way, for the location 24 of electric substations to carry out the purposes of said 25 franchise; provided however, that where two hundred K V lines 26 or higher voltage lines are to be constructed, the person, 27 company, or corporation may apply to the board for a wider 28 right-of-way not to exceed two hundred feet, and the board 29 may for good cause extend the width of such right-of-way for 30 such lines to the person, company, or corporation applying for 31 the same. The burden of proving the necessity for public use 32 shall be on the person, company , or corporation seeking the 33 franchise. In establishing the necessity for public use, the 34 person, company, or corporation seeking the franchise shall 35 -1- LSB 5444YH (4) 85 rn/nh 1/ 3

H.F. 2056 demonstrate and certify, among other factors, that a minimum 1 of twenty-five percent of the electricity transmitted over 2 or by the transmission line or other facility will be used 3 or consumed within this state. A homestead site, cemetery, 4 orchard or schoolhouse location shall not be condemned for 5 the purpose of erecting an electric substation. If agreement 6 cannot be made with the private owner of lands as to damages 7 caused by the construction of said transmission line, or 8 electric substations, the same proceedings shall be taken as 9 provided for taking private property for works of internal 10 improvement. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill relates to and modifies requirements applicable to 15 petitions for the construction of an electric transmission line 16 or other related facilities. 17 Currently, Code section 478.2 requires an informational 18 meeting to be held after a petition is filed requesting 19 a franchise to erect, maintain, and operate an electric 20 transmission line and related structures or facilities. The 21 bill requires that, in the event a petition objecting to the 22 proposed project is presented at the informational meeting 23 containing a minimum of 250 signatures from residents residing 24 in any county affected by the proposed project, any resident 25 signing the petition shall be allowed to present their 26 perspective regarding the proposed project for the same amount 27 of time allotted the person seeking the franchise for a new 28 transmission line. The bill provides that the 250-signature 29 requirement shall apply cumulatively across county lines to 30 include and encompass individuals residing in any county 31 affected by the proposed project. 32 Current law also requires any person, company, or 33 corporation which seeks to acquire or utilize property pursuant 34 to eminent domain in relation to a project to construct an 35 -2- LSB 5444YH (4) 85 rn/nh 2/ 3

H.F. 2056 electric transmission line or other facility to prove the 1 necessity for public use in relation to the project. The bill 2 adds to this requirement that in establishing the necessity 3 for public use, the person, company, or corporation shall 4 demonstrate and certify, among other factors, that a minimum 5 of 25 percent of the electricity transmitted over or by the 6 transmission line or other facility shall be used or consumed 7 within this state. 8 -3- LSB 5444YH (4) 85 rn/nh 3/ 3