Senate File 254 - IntroducedA Bill ForAn Act 1relating to rural electric cooperative notification
2requirements for installations in right-of-way structures.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 476.1A, subsection 2, Code 2023, is
2amended to read as follows:
   32.  However, sections 476.20, subsections 1 through 4,
4476.21, 476.21A, 476.51, 476.56, 476.62, and 476.66 and
5chapters 476A and 478, to the extent applicable, apply to such
6electric utilities.
7   Sec. 2.  NEW SECTION.  476.21A  Rights-of-way notification —
8rural electric cooperatives.
   91.  As used in this section:
   10a.  “Fixture” means any equipment, structure, or other
11improvement to land required to be constructed or installed by
12a rural electric cooperative.
   13b.  “Right-of-way” means a right-of-way or other interest in
14real estate that is owned, operated, occupied, or managed on or
15on behalf of a rural electric cooperative.
   162.  A rural electric cooperative installing a fixture in
17a right-of-way shall provide written notice to be delivered
18by certified mail to a landowner upon whose property the
19right-of-way has been granted no later than thirty days before
20installation and an additional written notification delivered
21by certified mail prior to installation.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
   25This bill relates to rural electric cooperative notification
26requirements for installations in right-of-way structures.
   27The bill provides that rural electric cooperatives are
28subject to the regulation authority of the board regarding
29rights-of-way installation pursuant to Code section 476.21A.
30The bill defines “fixture” and “right-of-way”. The bill
31provides that a rural electric cooperative installing a
32fixture in a right-of-way shall provide written notice by
33certified mail to the landowner no later than 30 days before
34installation, as well as an additional written notice delivered
35by certified mail prior to installation.
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