House
File
2448
-
Reprinted
HOUSE
FILE
2448
BY
COMMITTEE
ON
GOVERNMENT
OVERSIGHT
(SUCCESSOR
TO
HSB
640)
(As
Amended
and
Passed
by
the
House
April
5,
2016
)
A
BILL
FOR
An
Act
relating
to
the
construction,
erection,
maintenance,
1
operation,
or
sale
of
specified
electric
transmission
lines,
2
and
including
effective
date
and
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2448
Section
1.
NEW
SECTION
.
478.6A
Merchant
line
franchises
1
——
requirements
——
limitations.
2
1.
a.
For
purposes
of
this
section,
“bifurcation”
means
3
the
conducting
of
two
separate
hearings
when
a
petition
4
involves
the
taking
of
property
under
eminent
domain,
one
5
hearing
considering
whether
the
proposed
line
is
necessary
to
6
serve
a
public
use
and
represents
a
reasonable
relationship
7
to
an
overall
plan
of
transmitting
electricity
in
the
public
8
interest,
and
the
other
considering
the
granting
of
eminent
9
domain
authority.
10
b.
For
purposes
of
this
section,
“merchant
line”
means
a
11
high-voltage
direct
current
electric
transmission
line
which
12
does
not
provide
for
the
erection
of
electric
substations
at
13
intervals
of
less
than
fifty
miles,
which
substations
are
14
necessary
to
accommodate
both
the
purchase
and
sale
to
persons
15
located
in
this
state
of
electricity
generated
or
transmitted
16
by
the
franchisee.
17
2.
A
petition
for
a
franchise
to
construct
a
merchant
line,
18
in
addition
to
any
other
applicable
requirements
pursuant
to
19
this
chapter,
shall
be
subject
to
all
of
the
following:
20
a.
The
board
shall
not
permit
the
bifurcation
in
any
manner
21
of
a
petition
and
shall
reject
any
request
by
a
petitioner
for
22
bifurcation.
23
b.
Notwithstanding
section
478.10,
the
sale
and
transfer
of
24
a
merchant
line,
by
voluntary
or
judicial
sale
or
otherwise,
25
shall
not
carry
with
it
the
transfer
of
the
franchise.
26
c.
Notwithstanding
section
478.21,
if
a
petition
that
27
involves
the
taking
of
property
under
eminent
domain
is
not
28
approved
by
the
board
and
a
franchise
granted
within
three
29
years
following
the
date
of
the
first
informational
meeting
30
held
in
any
county
regarding
the
petition,
pursuant
to
section
31
478.2,
the
utilities
board
shall
reject
the
petition
and
make
a
32
record
of
the
rejection.
A
petitioner
may
not
file
a
petition
33
for
the
same
or
a
similar
project
that
has
been
rejected
under
34
this
subsection
within
sixty
months
following
the
date
of
35
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rejection.
1
d.
The
board
shall
not
grant
a
petition
that
involves
the
2
taking
of
property
under
eminent
domain
unless
a
minimum
of
3
seventy-five
percent
of
the
easements
necessary
to
construct
4
the
project
have
been
obtained
voluntarily.
5
e.
In
considering
whether
to
grant
a
petition
that
involves
6
the
taking
of
property
under
eminent
domain,
section
478.3,
7
subsection
3,
is
not
applicable,
and
the
term
“public”
shall
be
8
interpreted
to
be
limited
to
consumers
located
in
this
state.
9
Sec.
2.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
10
immediate
importance,
takes
effect
upon
enactment.
11
Sec.
3.
APPLICABILITY.
This
Act
is
applicable
to
petitions
12
for
franchise
filed
on
or
after
November
1,
2014,
that
have
not
13
been
approved
by
the
utilities
board
on
or
after
the
effective
14
date
of
this
Act,
and
to
petitions
for
franchise
filed
on
or
15
after
the
effective
date
of
this
Act.
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