House
Study
Bill
121
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
COMMERCE
BILL
BY
CHAIRPERSON
COWNIE)
A
BILL
FOR
An
Act
expanding
the
definition
of
a
public
utility
for
1
purposes
of
provisions
governing
public
utility
crossings
2
of
railroad
rights-of-way,
and
including
effective
date
and
3
retroactive
applicability
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
1407YC
(6)
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rn/nh
H.F.
_____
Section
1.
Section
476.27,
subsection
1,
Code
2015,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
0d.
“Electric
transmission
owner”
means
3
an
individual
or
entity
who
owns
and
maintains
electric
4
transmission
facilities
including
transmission
lines,
wires,
or
5
cables
that
are
capable
of
operating
at
an
electric
voltage
of
6
thirty-four
and
one-half
kilovolts
or
greater.
7
Sec.
2.
Section
476.27,
subsection
1,
paragraph
e,
Code
8
2015,
is
amended
to
read
as
follows:
9
e.
“Public
utility”
means
a
public
utility
as
defined
10
in
section
476.1
,
except
that,
for
purposes
of
this
section
,
11
“public
utility”
also
includes
all
mutual
telephone
companies,
12
municipally
owned
facilities,
unincorporated
villages,
13
waterworks,
municipally
owned
waterworks,
joint
water
14
utilities,
rural
water
districts
incorporated
under
chapter
15
357A
or
504
,
cooperative
water
associations,
franchise
cable
16
television
operators,
and
persons
furnishing
electricity
17
to
five
or
fewer
persons
,
and
electric
transmission
owners
18
primarily
providing
service
to
public
utilities
as
defined
in
19
section
476.1
.
20
Sec.
3.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
21
immediate
importance,
takes
effect
upon
enactment.
22
Sec.
4.
RETROACTIVE
APPLICABILITY.
This
Act
applies
23
retroactively
to
July
1,
2001.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
expands
the
definition
of
“public
utility”
for
28
purposes
of
provisions
governing
public
utility
crossings
of
29
railroad
rights-of-way
to
include
electric
transmission
owners
30
primarily
providing
service
to
public
utilities
as
defined
in
31
Code
section
476.1.
The
bill
defines
an
“electric
transmission
32
owner”
to
mean
an
individual
or
entity
who
owns
and
maintains
33
electric
transmission
facilities
including
transmission
lines,
34
wires,
or
cables
that
are
capable
of
operating
at
an
electric
35
-1-
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1407YC
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2
H.F.
_____
voltage
of
34.5
kilovolts
or
greater.
1
Provisions
governing
public
utility
crossings
of
railroad
2
rights-of-way,
which
shall
now
encompass
electronic
3
transmission
owners,
include
rules
adopted
by
the
Iowa
4
utilities
board
in
consultation
with
the
department
of
5
transportation
addressing
notification
required
prior
to
the
6
commencement
of
any
crossing
activity,
a
requirement
that
the
7
railroad
and
the
public
utility
each
maintain
and
repair
the
8
person’s
own
property
within
the
railroad
right-of-way
and
bear
9
responsibility
for
each
person’s
own
acts
and
omissions,
the
10
amount
and
scope
of
insurance
or
self-insurance
required
to
11
cover
risks
associated
with
a
crossing,
a
procedure
to
address
12
the
payment
of
costs
associated
with
the
relocation
of
public
13
utility
facilities
within
the
railroad
right-of-way
necessary
14
to
accommodate
railroad
operations,
terms
and
conditions
for
15
securing
the
payment
of
any
damages
by
the
public
utility
16
before
it
proceeds
with
a
crossing,
access
to
a
crossing
for
17
repair
and
maintenance
of
existing
facilities
in
case
of
18
emergency,
and
engineering
standards
for
utility
facilities
19
crossing
railroad
rights-of-way.
20
Additionally,
unless
otherwise
agreed
by
the
parties
or
21
regarded
as
a
special
circumstance
entitled
to
relief,
a
22
public
utility
that
locates
its
facilities
within
a
railroad
23
right-of-way
for
a
crossing,
other
than
a
crossing
along
the
24
public
roads
of
the
state
pursuant
to
Code
chapter
477,
shall
25
pay
a
railroad
a
one-time
standard
crossing
fee
of
$750
in
26
lieu
of
any
license
or
other
fees
or
charges
to
reimburse
the
27
railroad
for
the
direct
expenses
incurred
by
the
railroad
as
a
28
result
of
the
crossing.
29
The
bill
takes
effect
upon
enactment
and
applies
30
retroactively
to
July
1,
2001.
31
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