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Senate File 573 - IntroducedA Bill ForAn Act 1relating to merchant line franchise petition
2requirements and levee and drainage districts, and including
3retroactive applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 468.3, Code 2023, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 6A. As used in this chapter, the term
4“culvert” includes a drain, tile, or tile line.
5 Sec. 2. Section 478.6A, subsection 2, Code 2023, is amended
6to read as follows:
72. Notwithstanding section 478.21, in addition to any
8other applicable requirements pursuant to this chapter, if a
9petition for a franchise to construct a merchant line that
10is proposed to be constructed above ground and involves the
11taking of property under eminent domain is not approved by the
12board and a franchise granted within three years following the
13date the petition is filed with the board pursuant to section
14478.3, the board shall reject the petition and make a record
15of the rejection. If the hearing on the petition conducted
16pursuant to section 478.4 has been held within the three-year
17period following the date the petition is filed, but the board
18has not completed its deliberations within that three-year
19period, the three-year period may be extended by the board to
20allow completion of deliberations. A petitioner shall not file
21a petition for the same or a similar project that has been
22rejected within sixty months following the date of rejection
23if the rejection was for failure to be approved within three
24years following the date the petition was filed as provided in
25this subsection.
26 Sec. 3. RETROACTIVE APPLICABILITY. The section of this Act
27amending section 478.6A applies retroactively to a petition for
28a franchise submitted on or after September 1, 2020.
29EXPLANATION
30The inclusion of this explanation does not constitute agreement with
31the explanation’s substance by the members of the general assembly.
32This bill relates to merchant line franchise petition
33requirements and levee and drainage districts.
34The bill defines “culvert” to include a drain, tile, or
35tile line in Code chapter 468, relating to levee and drainage
-1-1districts.
2The bill specifies that if a proposed aboveground merchant
3line involving the use of eminent domain fails to be approved
4by the Iowa utilities board within three years following the
5submission of the franchise’s petition, the board shall reject
6the petition. Current law does not restrict this provision to
7aboveground merchant lines.
8The section of the bill amending Code section 478.6A applies
9retroactively to a petition for a franchise submitted on or
10after September 1, 2020.
-2-es/rn
2requirements and levee and drainage districts, and including
3retroactive applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 468.3, Code 2023, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 6A. As used in this chapter, the term
4“culvert” includes a drain, tile, or tile line.
5 Sec. 2. Section 478.6A, subsection 2, Code 2023, is amended
6to read as follows:
72. Notwithstanding section 478.21, in addition to any
8other applicable requirements pursuant to this chapter, if a
9petition for a franchise to construct a merchant line that
10is proposed to be constructed above ground and involves the
11taking of property under eminent domain is not approved by the
12board and a franchise granted within three years following the
13date the petition is filed with the board pursuant to section
14478.3, the board shall reject the petition and make a record
15of the rejection. If the hearing on the petition conducted
16pursuant to section 478.4 has been held within the three-year
17period following the date the petition is filed, but the board
18has not completed its deliberations within that three-year
19period, the three-year period may be extended by the board to
20allow completion of deliberations. A petitioner shall not file
21a petition for the same or a similar project that has been
22rejected within sixty months following the date of rejection
23if the rejection was for failure to be approved within three
24years following the date the petition was filed as provided in
25this subsection.
26 Sec. 3. RETROACTIVE APPLICABILITY. The section of this Act
27amending section 478.6A applies retroactively to a petition for
28a franchise submitted on or after September 1, 2020.
29EXPLANATION
30The inclusion of this explanation does not constitute agreement with
31the explanation’s substance by the members of the general assembly.
32This bill relates to merchant line franchise petition
33requirements and levee and drainage districts.
34The bill defines “culvert” to include a drain, tile, or
35tile line in Code chapter 468, relating to levee and drainage
-1-1districts.
2The bill specifies that if a proposed aboveground merchant
3line involving the use of eminent domain fails to be approved
4by the Iowa utilities board within three years following the
5submission of the franchise’s petition, the board shall reject
6the petition. Current law does not restrict this provision to
7aboveground merchant lines.
8The section of the bill amending Code section 478.6A applies
9retroactively to a petition for a franchise submitted on or
10after September 1, 2020.
-2-es/rn