S.F. 2216 Section 1. Section 306.46, subsection 2, Code 2016, is 1 amended to read as follows: 2 2. For purposes of this section , “public utility” means 3 a public utility as defined in section 476.1 , and shall also 4 include waterworks, municipally owned waterworks, joint water 5 utilities, rural water districts incorporated under chapter 6 357A or chapter 504 , and cooperative water associations , and 7 electric transmission owners as defined in section 476.27 8 primarily providing service to public utilities as defined 9 in section 476.1 . For the purposes of this section , “utility 10 facilities” means any cables, conduits, wire, pipe, casing 11 pipe, supporting poles, guys, and other material and equipment 12 utilized for the furnishing of electric, gas, communications, 13 water, or sewer service. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 Code section 306.46 provides that a public utility may 18 construct, operate, repair, or maintain its utility facilities 19 within a public road right-of-way. This bill amends the 20 definition of “public utility” in that provision to include 21 electric transmission owners primarily providing service to 22 public utilities. 23 Code section 476.27 defines an electric transmission owner 24 as an individual or entity who owns and maintains electric 25 transmission facilities including transmission lines, wires, or 26 cables that are capable of operating at an electric voltage of 27 34.5 kilovolts or greater that are required for rate-regulated 28 electric utilities, municipal electric utilities, and rural 29 electric cooperatives in this state to provide electric service 30 to the public for compensation. 31 -1- LSB 5470SV (2) 86 ns/sc 1/ 1