Senate Study Bill 1085 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON PETERSEN) 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 1407XC (3) 86 rn/nh

S.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- LSB 1407XC (3) 86 rn/nh 1/ 2

S.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 -2- LSB 1407XC (3) 86 rn/nh 2/ 2