HSB 185 (LSB 1408YC (1) 86)

HOUSE FILE _____

BY  (PROPOSED COMMITTEE ON GOVERNMENT OVERSIGHT BILL BY CHAIRPERSON KAUFMANN)

A BILL FOR

An Act relating to information required for inclusion in specified petitions for an electric transmission line franchise or an extension of franchise, and including effective date and retroactive applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 478.3, subsection 2, Code 2015, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  d.  Petitions for transmission lines extending across six or more counties that involve the taking of more than ten percent of the required property under the right of eminent domain shall also contain an affidavit that the proposed project has been approved by a majority vote of the county board of supervisors for each county the proposed project will affect. Notwithstanding paragraph “b”, this requirement shall not be subject to waiver by the utilities board.
    Sec. 2.  Section 478.13, Code 2015, is amended by adding the following new subsection:
   NEW SUBSECTION.  6.  If an extension is sought for transmission lines extending across six or more counties that involves the taking of more than ten percent of the required property under the right of eminent domain, the application shall be subject to the requirement in section 478.3, subsection 2, paragraph “d”.
    Sec. 3.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
    Sec. 4.  RETROACTIVE APPLICABILITY.  This Act applies retroactively to November 1, 2014, for petitions for franchise or extension of franchise filed on or after that date.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to information required for inclusion in specified petitions for an electric transmission line franchise and for extensions of existing franchises.
   The bill provides that in the case of petitions for transmission lines extending across six or more counties and involving the taking of more than 10 percent of the required property under the right of eminent domain, the petition shall contain an affidavit stating that prior to filing the petition the proposed construction has been approved by a majority vote of the county board of supervisors for each county the project will affect. The bill states that this requirement shall not be subject to waiver by the Iowa utilities board. The bill makes these provisions applicable to the filing of an application for an extension of an existing franchise.
   The bill takes effect upon enactment and applies retroactively to November 1, 2014, for petitions for franchise or extension of franchise filed on or after that date.