House Study Bill 185 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON GOVERNMENT OVERSIGHT BILL BY CHAIRPERSON KAUFMANN) A BILL FOR An Act relating to information required for inclusion in 1 specified petitions for an electric transmission line 2 franchise or an extension of franchise, and including 3 effective date and retroactive applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1408YC (1) 86 rn/nh
H.F. _____ Section 1. Section 478.3, subsection 2, Code 2015, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . d. Petitions for transmission lines 3 extending across six or more counties that involve the taking 4 of more than ten percent of the required property under the 5 right of eminent domain shall also contain an affidavit that 6 the proposed project has been approved by a majority vote of 7 the county board of supervisors for each county the proposed 8 project will affect. Notwithstanding paragraph “b” , this 9 requirement shall not be subject to waiver by the utilities 10 board. 11 Sec. 2. Section 478.13, Code 2015, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 6. If an extension is sought for 14 transmission lines extending across six or more counties that 15 involves the taking of more than ten percent of the required 16 property under the right of eminent domain, the application 17 shall be subject to the requirement in section 478.3, 18 subsection 2, paragraph “d” . 19 Sec. 3. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 20 immediate importance, takes effect upon enactment. 21 Sec. 4. RETROACTIVE APPLICABILITY. This Act applies 22 retroactively to November 1, 2014, for petitions for franchise 23 or extension of franchise filed on or after that date. 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 relates to information required for inclusion in 28 specified petitions for an electric transmission line franchise 29 and for extensions of existing franchises. 30 The bill provides that in the case of petitions for 31 transmission lines extending across six or more counties and 32 involving the taking of more than 10 percent of the required 33 property under the right of eminent domain, the petition shall 34 contain an affidavit stating that prior to filing the petition 35 -1- LSB 1408YC (1) 86 rn/nh 1/ 2
H.F. _____ the proposed construction has been approved by a majority 1 vote of the county board of supervisors for each county the 2 project will affect. The bill states that this requirement 3 shall not be subject to waiver by the Iowa utilities board. 4 The bill makes these provisions applicable to the filing of an 5 application for an extension of an existing franchise. 6 The bill takes effect upon enactment and applies 7 retroactively to November 1, 2014, for petitions for franchise 8 or extension of franchise filed on or after that date. 9 -2- LSB 1408YC (1) 86 rn/nh 2/ 2