Senate Study Bill 1113 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON BOUSSELOT) A BILL FOR An Act relating to electric transmission lines approved by 1 federally registered planning authority transmission plans 2 including right of first refusal and land restoration 3 requirements, and including effective date and applicability 4 provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 2104XC (2) 91 sb/js

S.F. _____ Section 1. Section 478.16, Code 2025, is amended to read as 1 follows: 2 478.16 Electric transmission lines —— federally registered 3 planning authority transmission plans. 4 1. Development and investment in high-voltage transmission 5 is urgently needed to ensure the reliable, adequate, secure, 6 and stable delivery of electricity to consumers. To ensure 7 reliable electric service to the people of Iowa as a matter 8 of public policy, it is the intent of the general assembly 9 to express a preference for further investment in Iowa 10 transmission infrastructure by electric transmission owners who 11 have already dedicated significant resources to develop the 12 infrastructure on which Iowans rely and who are better able to 13 provide reliable electric service to local electric utilities 14 and retail customers in Iowa. 15 1. 2. As used in this section , unless the context otherwise 16 requires: 17 a. “Electric transmission line” means a high-voltage 18 electric transmission line located in this state with a 19 capacity voltage of one hundred kilovolts or more and any 20 associated electric transmission facility, including any 21 substation or other equipment located in this state . 22 b. “Electric transmission owner” means an individual 23 or entity who, as of July 1, 2020, formed, located, or 24 headquartered in any state who owns and maintains an 25 electric transmission line in this state that is required 26 for rate-regulated electric utilities, municipal electric 27 utilities, and rural electric cooperatives in this state to 28 provide electric service to the public for compensation. 29 c. “Incumbent electric transmission owner” means any an 30 individual or entity meeting the definition of the following: 31 (1) A public utility or a municipally owned utility that 32 owns, operates, and maintains an electric transmission line in 33 this state. 34 (2) An electric cooperative corporation or association or 35 -1- LSB 2104XC (2) 91 sb/js 1/ 16

S.F. _____ municipally owned utility that owns an electric transmission 1 facility in this state and has turned over the functional 2 control of such facility to a federally approved authority. 3 (3) An an “electric transmission owner” as defined in 4 paragraph “b” on or before July 1, 2024 . 5 d. “Landowner” means the same as defined in section 478.2 6 “Initial construction” means the construction necessary to 7 establish and place an electric transmission line into initial 8 operation . 9 e. “Load ratio share” means the amount, expressed as a 10 percentage, of a public power utility’s electric load divided 11 by the total electric load in the applicable incumbent electric 12 transmission owner’s pricing zone. 13 e. f. “Municipally owned utility” means a “city utility” 14 as defined in section 362.2 , or an “electric power agency” as 15 defined in section 390.9 which that is comprised solely of 16 cities or solely of cities and other political subdivisions. 17 g. “Public power utility” means a municipally owned utility 18 or an electric cooperative corporation or association that 19 receives transmission service from an incumbent electric 20 transmission owner, or that is subject to regional cost 21 allocation for the electric transmission line, or both. 22 h. “Qualified individual” means someone who is capable and 23 knowledgable enough to determine compliance with the standards 24 set forth in this section. 25 2. 3. a. An incumbent electric transmission owner has the 26 right to construct, own, and maintain an electric transmission 27 line that has been approved for construction in a federally 28 registered planning authority transmission plan and which that 29 directly connects to an electric transmission facility owned by 30 the incumbent electric transmission owner. Where a proposed 31 electric transmission line would directly connect to electric 32 transmission facilities owned by two or more incumbent electric 33 transmission owners, each incumbent electric transmission owner 34 whose facility connects to the electric transmission line 35 -2- LSB 2104XC (2) 91 sb/js 2/ 16

S.F. _____ has the right to construct, own, and maintain the electric 1 transmission line individually and equally. If an incumbent 2 electric transmission owner declines to construct, own, and 3 maintain its portion of an electric transmission line that 4 would connect to electric transmission facilities owned by 5 two or more incumbent electric transmission owners, then the 6 other incumbent electric transmission owner or owners that 7 own an electric transmission facility to which the electric 8 transmission line connects has the right to construct, own, and 9 maintain the electric transmission line individually. 10 b. An eligible incumbent electric transmission owner 11 exercising the right to construct, own, and maintain an 12 electric transmission line pursuant to paragraph “a” shall 13 offer public power utilities an opportunity to jointly own a 14 portion of the electric transmission line and such offer shall 15 be in an amount not less than a public power utility’s load 16 ratio share, pursuant to a written agreement. Nothing in this 17 section shall be construed to prohibit an incumbent electric 18 transmission owner and a public power utility from agreeing to 19 joint ownership of an electric transmission line in an amount 20 different than the public power utility’s load ratio share. A 21 public power utility may transfer or assign joint ownership 22 rights acquired under this section to another public power 23 utility or group of public power utilities by mutual consent of 24 the eligible contracting parties. 25 c. An eligible incumbent electric transmission owner 26 exercising the right to construct, own, and maintain an 27 electric transmission line pursuant to paragraph “a” may 28 contract with another electric transmission owner or electric 29 public utility as defined in section 476.1 to jointly own a 30 portion of the electric transmission line pursuant to a written 31 agreement. 32 d. For purposes of this section, a municipally owned utility 33 or an electric cooperative corporation or association may elect 34 to be an incumbent electric transmission owner or a public 35 -3- LSB 2104XC (2) 91 sb/js 3/ 16

S.F. _____ power utility but cannot act as both with respect to a single 1 transmission line. 2 3. 4. If an electric transmission line has been approved 3 for construction in a federally registered planning authority 4 transmission plan, and the electric transmission line is not 5 subject to a right of first refusal in accordance with the 6 tariff of a federally registered planning authority and would 7 otherwise be subject to a competitive developer process , then 8 within the later of ninety days of approval for construction or 9 ninety days after enactment of this Act , an incumbent electric 10 transmission owner, or owners if there is more than one owner, 11 that owns a connecting electric transmission facility shall 12 give written notice to the commission regarding whether the 13 incumbent electric transmission owner or owners intend to 14 construct, own, and maintain the electric transmission line. 15 If the incumbent electric transmission owner or owners give 16 notice of intent to construct the electric transmission line, 17 the incumbent electric transmission owner or owners shall 18 follow the applicable franchise requirements pursuant to this 19 chapter . The incumbent electric transmission owner shall 20 update the notice to construct an electric transmission line 21 to include information concerning the implementation of joint 22 ownership as described in subsection 3, paragraphs “b” and “c” , 23 within thirty days after a written agreement has been reached 24 between the parties. If the incumbent electric transmission 25 owner or owners give notice declining to construct the electric 26 transmission line, the commission may determine whether another 27 person may construct the electric transmission line. 28 4. 5. For projects where for which an election to construct 29 an electric transmission line has been made under this section , 30 all of the following cost accountability measures shall apply: 31 a. Within thirty days after the issuance of a franchise 32 pursuant to this chapter for the electric transmission line, 33 the incumbent electric transmission owner or owners shall 34 provide to the commission an estimate of the cost to construct 35 -4- LSB 2104XC (2) 91 sb/js 4/ 16

S.F. _____ complete the initial construction of the electric transmission 1 line. 2 b. Until the initial construction of the electric 3 transmission line is complete, the incumbent electric 4 transmission owner or owners shall provide a quarterly report 5 to the commission, which shall include an updated estimate of 6 the cost to construct the electric transmission line , and an 7 explanation of changes in the cost estimate from the prior 8 cost estimate , and documentation that the incumbent electric 9 transmission owner or owners have used competitively bid 10 construction contracts that meet all the technical, commercial, 11 and other specifications, such as safety performance, that 12 are required by the incumbent electric transmission owner or 13 owners with respect to the initial construction of the electric 14 transmission line . 15 c. The consumer advocate appointed under section 475A.1 16 shall have free access to documents, reports, and information 17 submitted to the commission pursuant to this subsection, 18 consistent with section 475A.4. To the extent relevant, the 19 commission and the consumer advocate may use the information 20 for any purpose properly within the scope of their respective 21 duties including but not limited to use in proceedings before 22 the federal energy regulatory commission to challenge the 23 costs incurred by the incumbent electric transmission owner. 24 However, this subsection does not create a private cause of 25 action or complaint. 26 5. 6. This section shall not modify the authority of the 27 commission under this chapter , the rights of landowners under 28 this chapter , or the requirements, rights, and obligations 29 relating to the construction, maintenance, and operation of 30 electric transmission lines pursuant to this chapter . 31 6. 7. This section shall not apply to an electric 32 transmission line to be placed underground that has not been 33 approved for construction in a federally registered planning 34 authority transmission plan. 35 -5- LSB 2104XC (2) 91 sb/js 5/ 16

S.F. _____ 7. 8. The commission shall adopt rules pursuant to chapter 1 17A to administer this section , which shall include rules 2 regarding the restoration of agricultural lands following the 3 initial construction of an electric transmission line, as 4 specified in subsection 9 . 5 9. The commission shall adopt rules to implement the 6 following requirements, which shall not apply within the 7 corporate limits of a city or to any construction, activity, or 8 electric transmission lines other than the initial construction 9 of an electric transmission line with a voltage of two hundred 10 or more kilovolts and for which an election to construct has 11 been made under this section: 12 a. An incumbent electric transmission owner shall repair a 13 damaged underground drain tile as soon as practicable during 14 construction of the electric transmission line. Permanent 15 repairs to the damaged underground drain tile shall be 16 completed as soon as practicable after the initial construction 17 of the electric transmission line is complete. The repairs 18 made to the damaged drain tile shall be of at least equal 19 quality, size, and flow capacity of the original drain tile. 20 b. Following the initial construction of an electric 21 transmission line, the incumbent electric transmission owner 22 shall remove from the easement area all rock larger than 23 three inches in average diameter not native to the soil of 24 the excavated land. The rock removed from the excavated land 25 that cannot be used to backfill shall be disposed of at a 26 location and in a manner agreed upon by the incumbent electric 27 transmission owner and the landowner. 28 c. Upon completion of construction activities on a property, 29 the incumbent electric transmission owner shall deep till 30 agricultural land, including right-of-way access points or 31 roads traversed by heavy construction equipment, to alleviate 32 soil compaction. The land shall be tilled at least eighteen 33 inches deep in land used for crop production and twelve 34 inches deep in other lands unless otherwise agreed to by the 35 -6- LSB 2104XC (2) 91 sb/js 6/ 16

S.F. _____ landowner. 1 d. Upon completion of the electric transmission line, 2 the incumbent electric transmission owner shall restore the 3 soil conservation practices and structures damaged during 4 construction of the electric transmission line to the elevation 5 and grade existing on the land prior to the construction. 6 The soil used to repair embankments intended to retain water 7 shall be well compacted. Any vegetation disturbed during 8 construction shall be reestablished, including cover crops when 9 appropriate. 10 e. Following compaction of the land, agricultural land that 11 is not in row crop or small grain production at the time of 12 construction, including hay ground and land in conservation or 13 set-aside programs, shall be reseeded and a cover crop shall 14 be utilized when appropriate. Seeding for cover crops may be 15 delayed if the construction of the electric transmission line 16 is completed too late in the year for a cover crop to become 17 established and is not required if the land will be tilled in 18 the following year. The landowner may request ground cover 19 to prevent soil erosion in areas where construction on the 20 electric transmission line is completed if the season is not 21 suitable for seeding a cover crop. 22 f. Unless agreed upon by the incumbent electric transmission 23 owner and the landowner, the incumbent electric transmission 24 owner shall remove field entrances or temporary roads built for 25 the purpose of constructing the electric transmission line upon 26 the completion of the initial construction and restore the area 27 to its previous use. 28 g. An incumbent electric transmission owner shall use good 29 utility practices for constructing the electric transmission 30 line in wet conditions, such as electing to use matting or 31 padding when utilizing heavy equipment. An incumbent electric 32 transmission owner shall grade and till any rutted land to 33 restore, to the extent practicable, the original condition of 34 the land prior to the construction of the electric transmission 35 -7- LSB 2104XC (2) 91 sb/js 7/ 16

S.F. _____ line. If agreed upon by the incumbent electric transmission 1 owner and the landowner, the landowner may repair any damage 2 caused by construction activities in wet conditions and the 3 incumbent electric transmission owner shall reimburse the 4 landowner for the reasonable cost incurred to repair the 5 damage. If an incumbent electric transmission owner utilizes 6 heavy equipment in wetlands or mudflats, mats or other measures 7 shall be utilized to minimize soil disturbance. 8 h. For each electric transmission line, the incumbent 9 electric transmission owner shall designate a point of 10 contact for inquiries or claims from an affected person. The 11 designation shall include a name, a telephone number, an email 12 address, and an address. 13 10. a. If an incumbent electric transmission owner and 14 a landowner dispute a potential violation of the restoration 15 standards provided in subsection 9, the commission may 16 appoint a qualified individual to inspect the property for 17 compliance. If the qualified individual determines that 18 there has been a violation of the applicable restoration 19 standards, the commission shall provide oral notice, followed 20 by written notice, to the incumbent electric transmission 21 owner and the contractor operating for the incumbent electric 22 transmission owner and order corrective action to comply with 23 the restoration standards. The incumbent electric transmission 24 owner shall be responsible for the costs of the corrective 25 action. 26 b. If the incumbent electric transmission owner or the 27 contractor for the incumbent electric transmission owner does 28 not comply with a valid order for corrective action issued by 29 the commission, the commission may issue an order requiring 30 corrective action to be taken and may impose civil penalties 31 under section 478.29. 32 c. The commission shall instruct the inspector appointed by 33 the commission regarding the content of the statutes and rules 34 and the responsibility of the inspector to require restoration 35 -8- LSB 2104XC (2) 91 sb/js 8/ 16

S.F. _____ conforming with the standards established in subsection 9. 1 11. a. A petitioner for a franchise for an electric 2 transmission line shall file with the petition a written land 3 restoration plan that documents how the requirements and rules 4 of subsection 9 will be met. The petitioner shall provide a 5 copy of the plan to all landowners of property that will be 6 disturbed by the initial construction. 7 b. Nothing in this section shall preclude the application 8 of provisions for protecting or restoring property that are 9 different than those prescribed in subsection 9, in rules 10 adopted under subsection 9, or in the land restoration plan, 11 if the alternative provisions are contained in agreements 12 independently executed by the incumbent electric transmission 13 owner and the landowner. Independent agreements for land 14 restoration between the incumbent electric transmission owner 15 and the landowner shall be in writing and provided to the 16 commission. 17 c. The commission may by waiver allow variations from 18 the requirements of subsection 9 if the incumbent electric 19 transmission owner requesting a waiver satisfies the standards 20 set forth in section 17A.9A and if the alternative methods 21 proposed by the incumbent electric transmission owner would 22 restore the land to a condition as good as or better than as 23 provided for in subsection 9. 24 d. The commission may waive preparation of a separate 25 land restoration plan if the incumbent electric transmission 26 owner enters into an agricultural impact mitigation plan 27 or similar agreement with the appropriate agencies of this 28 state that satisfies the requirements of subsection 9. If a 29 mitigation plan or agreement is used to fully or partially meet 30 the requirements of a land restoration plan, the statement 31 or agreement shall be filed with the commission and shall be 32 considered to be, or to be part of, the land restoration plan 33 for purposes of subsection 9. 34 12. Nothing in this section shall limit, expand, or 35 -9- LSB 2104XC (2) 91 sb/js 9/ 16

S.F. _____ otherwise modify the rights of access and obligations for 1 damages set forth in section 478.17. 2 Sec. 2. Section 478.18, Code 2025, is amended to read as 3 follows: 4 478.18 Supervision of construction —— location. 5 1. The utilities commission shall have power of supervision 6 over the construction of a transmission line and over its 7 future operation and maintenance , including inspections for 8 compliance with the standards adopted under section 478.16 9 after restoration of the land is complete . 10 2. A transmission line shall be constructed near and 11 parallel to roads, to the right-of-way of the railways of the 12 state, or along the division lines of the lands, according 13 to the government survey, wherever the same is practicable 14 and reasonable, and so as not to interfere with the use 15 by the public of the highways or streams of the state, nor 16 unnecessarily interfere with the use of any lands by the 17 occupant. 18 3. The utilities commission may contract a qualified 19 individual for the purpose of inspections authorized under 20 section 478.16. The reasonable cost of the inspection shall 21 be paid by the incumbent electric transmission owner. The 22 utilities commission shall instruct the inspector appointed by 23 the commission regarding the content of the statutes and rules 24 and the responsibility of the inspector to require restoration 25 conforming with the applicable standards established in section 26 478.16. For purposes of this section, “qualified individual” 27 means the same as defined in section 478.16. 28 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate 29 importance, takes effect upon enactment. 30 Sec. 4. RETROACTIVE APPLICABILITY. With the exception 31 of the portion of the section of this Act amending section 32 478.16, subsection 3, paragraph “b”, as amended by this 33 Act, this Act applies retroactively to transmission lines 34 included in a federally registered planning authority long-term 35 -10- LSB 2104XC (2) 91 sb/js 10/ 16

S.F. _____ transmission plan approved on or after July 1, 2020. The 1 portion of the section of this Act amending section 478.16, 2 subsection 3, paragraph “b”, as amended by this Act, shall 3 apply retroactively to transmission lines included in a 4 federally registered planning authority long-term transmission 5 plan approved on or after July 1, 2024. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill relates to electric transmission lines approved 10 by federally registered planning authority transmission 11 plans including right of first refusal and land restoration 12 requirements. 13 The bill expounds the legislative purpose of Code section 14 478.16, identifying Iowa consumers’ urgent need for development 15 and investment in high-voltage transmission. The bill provides 16 that an incumbent electric transmission owner may be formed, 17 located, or headquartered in any state as long as the electric 18 transmission line is located in Iowa. 19 The bill defines an “incumbent electric transmission 20 owner” as an individual or entity who, as of July 1, 2024, 21 owns and maintains an electric transmission line in this 22 state that is required for rate-regulated electric utilities, 23 municipal electric utilities, and rural electric cooperatives 24 in the state to provide electric service to the public for 25 compensation. 26 Under the bill, an incumbent electric transmission facility 27 owner has the right to construct, own, and maintain an electric 28 transmission line that directly connects to the electric 29 transmission facility. If a proposed transmission line 30 would directly connect to facilities owned by two or more 31 facility owners, each owner has the right to construct, own, 32 and maintain the electric transmission line individually and 33 equally. 34 The bill requires an incumbent electric transmission 35 -11- LSB 2104XC (2) 91 sb/js 11/ 16

S.F. _____ owner exercising its right to construct, own, and maintain an 1 electric transmission line to offer public power utilities 2 an opportunity to jointly own a portion of the electric 3 transmission line. The offered amount must be at least the 4 amount of the public power utility’s electric load divided by 5 the total electric load in the applicable incumbent electric 6 transmission owner’s pricing zone. The bill does not prohibit 7 the entities from agreeing to joint ownership in a different 8 amount. Additionally, the bill allows the public power utility 9 to transfer or assign its joint ownership rights to another 10 public power utility or group of public power utilities with 11 the consent of the incumbent electric transmission owner. 12 The bill allows an incumbent electric transmission owner 13 exercising its right to construct, own, and maintain an 14 electric transmission line to contract with another electric 15 transmission owner or electric public utility to jointly own a 16 portion of the electric transmission line. 17 The bill requires the incumbent electric transmission owner 18 or owners with approved electric transmission lines not subject 19 to right of first refusal in a federally registered planning 20 authority transmission plan to give notice to the commission 21 whether the owner or owners intend to construct, own, and 22 maintain the electric transmission line. The notice shall be 23 given within the later of 90 days of approval for construction 24 or 90 days after enactment of the bill. The commission may 25 determine whether another person may construct the electric 26 transmission line if the incumbent electric transmission owner 27 or owners give notice declining to construct or do not give 28 timely notice. 29 The bill requires incumbent electric transmission owners to 30 provide documentation to the commission that shows utilization 31 of competitively bid construction contracts that meet all 32 necessary technical, commercial, and other specifications 33 required for compliant construction. 34 The bill allows the consumer advocate free access to all 35 -12- LSB 2104XC (2) 91 sb/js 12/ 16

S.F. _____ documents, reports, and information submitted to the commission 1 regarding cost accountability measures for the construction 2 of electric transmission lines. These documents, reports, 3 and information may be used by the consumer advocate for any 4 purpose within the scope of the consumer advocate’s duties. 5 These provisions do not create a private cause of action or 6 complaint. 7 The bill directs the commission to adopt rules to implement 8 the land restoration requirements after initial construction of 9 an electric transmission line as set forth in the bill. 10 The bill requires incumbent electric transmission owners 11 to repair drain tiles damaged during construction as soon 12 as practicable and to complete permanent repairs as soon as 13 practicable after initial construction. The permanent repairs 14 must be of the same quality, size, and flow capacity of the 15 original drain tile. 16 The bill requires incumbent electric transmission owners to 17 remove all nonnative rocks larger than three inches in diameter 18 from the easement area. The disposal of rock that cannot be 19 used as backfill must be done at a location and in a manner 20 agreed to between the incumbent electric transmission owner and 21 the landowner. 22 The bill requires the incumbent electric transmission 23 owner to till agricultural land affected by construction, 24 including right-of-way access points or roads, after electric 25 transmission line construction activities are completed on the 26 affected property. The land must be tilled at least 18 inches 27 deep in land used for crop production and 12 inches deep in all 28 other land, unless otherwise agreed to by the landowner. 29 The bill requires the incumbent electric transmission 30 owner to restore soil conservation practices and structures 31 damaged during construction to their previous state, compact 32 the soil used to repair embankments intended to retain water, 33 and reestablish any vegetation disturbed during construction, 34 including cover crops. 35 -13- LSB 2104XC (2) 91 sb/js 13/ 16

S.F. _____ The bill requires the incumbent electric transmission owner 1 to reseed the agricultural land, excluding row crops and small 2 grain production, following compaction of the land. Seeding 3 for cover crops may be delayed if construction is completed too 4 late in the year and is not required if the land will be tilled 5 the following year. When the season is not suitable for the 6 seeding of cover crops, the landowner may request ground cover 7 to prevent soil erosion. 8 The bill requires the incumbent electric transmission owner 9 to remove all field entrances and temporary roads used during 10 construction and to restore the areas to their previous state 11 following the completion of the initial construction. 12 The bill requires the incumbent electric transmission owner 13 to use good practices when constructing in wet conditions and 14 to grade and till any rutted land in order to restore the 15 land to its original condition to the extent practicable. 16 Additionally, the bill allows the landowner to repair damage 17 caused by construction in wet conditions. The incumbent 18 electric transmission owner shall then reimburse the landowner 19 for reasonable costs of repair. The bill requires an electric 20 transmission owner to utilize mudflats, mats, or other measures 21 to minimize soil disturbance when using heavy equipment in 22 wetlands. 23 The bill requires the incumbent electric transmission owner 24 to provide contact information to all persons affected by the 25 construction of each transmission line. 26 The bill allows the commission to appoint an inspector to 27 determine compliance with restoration standards in the event 28 the incumbent electric transmission owner and the landowner 29 dispute over potential violations. The cost of the inspection 30 shall be paid by the incumbent electric transmission owner. 31 If the inspector determines there have been violations of the 32 restoration standards, the commission will provide oral and 33 written notice to the incumbent electric transmission owner. 34 The commission will order corrective actions be taken to comply 35 -14- LSB 2104XC (2) 91 sb/js 14/ 16

S.F. _____ with the standards. The costs of the corrective actions will 1 be borne by the electric transmission owner. 2 The bill allows the commission to issue an order requiring 3 corrective action and impose civil penalties if the incumbent 4 electric transmission owner or its contractor do not comply 5 with the required standards. 6 The bill requires the commission to instruct the inspectors 7 on the statutes, rules, and responsibilities regarding 8 restoration standards. 9 The bill requires petitioners for a franchise for electric 10 transmission construction to file a land restoration plan 11 outlining how the construction will conform to the required 12 standards. The restoration plan will also be provided to all 13 property owners affected by the construction. 14 The bill allows alternative provisions in independent 15 agreements with landowners regarding protecting or restoring 16 property as long as these provisions are in writing and are 17 provided to the commission. 18 The bill allows electric transmission owners to propose 19 alternate methods of land restoration to the commission. 20 The commission, by waiver, may allow variations to the land 21 restoration requirements if the proposed alternate methods 22 would restore the land to a condition as good or better than 23 those required by the bill. 24 The bill allows the commission to waive the preparation 25 of a separate land restoration plan, in whole or in part, 26 if the incumbent electric transmission owner satisfies the 27 requirements through similar agreement with other agencies in 28 the state. The relevant agreements must be filed with the 29 commission. 30 The bill does not limit, expand, or otherwise modify the 31 rights of access and obligations for damages set forth in Code 32 section 478.17. 33 The bill takes effect upon enactment. 34 The bill applies retroactively to an electric transmission 35 -15- LSB 2104XC (2) 91 sb/js 15/ 16