Bill Text: IA HF2448 | 2015-2016 | 86th General Assembly | Amended
Bill Title: A bill for an act relating to the construction, erection, maintenance, operation, or sale of specified electric transmission lines, and including effective date and applicability provisions. (Formerly HSB 640)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2016-04-06 - Read first time, referred to Government Oversight. S.J. 622. [HF2448 Detail]
Download: Iowa-2015-HF2448-Amended.html
House File 2448 - Reprinted HOUSE FILE BY COMMITTEE ON GOVERNMENT OVERSIGHT (SUCCESSOR TO HSB 640) (As Amended and Passed by the House April 5, 2016) A BILL FOR 1 An Act relating to the construction, erection, maintenance, 2 operation, or sale of specified electric transmission lines, 3 and including effective date and applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: HF 2448 (3) 86 rn/sc/md PAG LIN 1 1 Section 1. NEW SECTION. 478.6A Merchant line franchises 1 2 ==== requirements ==== limitations. 1 3 1. a. For purposes of this section, "bifurcation" means 1 4 the conducting of two separate hearings when a petition 1 5 involves the taking of property under eminent domain, one 1 6 hearing considering whether the proposed line is necessary to 1 7 serve a public use and represents a reasonable relationship 1 8 to an overall plan of transmitting electricity in the public 1 9 interest, and the other considering the granting of eminent 1 10 domain authority. 1 11 b. For purposes of this section, "merchant line" means a 1 12 high=voltage direct current electric transmission line which 1 13 does not provide for the erection of electric substations at 1 14 intervals of less than fifty miles, which substations are 1 15 necessary to accommodate both the purchase and sale to persons 1 16 located in this state of electricity generated or transmitted 1 17 by the franchisee. 1 18 2. A petition for a franchise to construct a merchant line, 1 19 in addition to any other applicable requirements pursuant to 1 20 this chapter, shall be subject to all of the following: 1 21 a. The board shall not permit the bifurcation in any manner 1 22 of a petition and shall reject any request by a petitioner for 1 23 bifurcation. 1 24 b. Notwithstanding section 478.10, the sale and transfer of 1 25 a merchant line, by voluntary or judicial sale or otherwise, 1 26 shall not carry with it the transfer of the franchise. 1 27 c. Notwithstanding section 478.21, if a petition that 1 28 involves the taking of property under eminent domain is not 1 29 approved by the board and a franchise granted within three 1 30 years following the date of the first informational meeting 1 31 held in any county regarding the petition, pursuant to section 1 32 478.2, the utilities board shall reject the petition and make a 1 33 record of the rejection. A petitioner may not file a petition 1 34 for the same or a similar project that has been rejected under 1 35 this subsection within sixty months following the date of 2 1 rejection. 2 2 d. The board shall not grant a petition that involves the 2 3 taking of property under eminent domain unless a minimum of 2 4 seventy=five percent of the easements necessary to construct 2 5 the project have been obtained voluntarily. 2 6 e. In considering whether to grant a petition that involves 2 7 the taking of property under eminent domain, section 478.3, 2 8 subsection 3, is not applicable, and the term "public" shall be 2 9 interpreted to be limited to consumers located in this state. 2 10 Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 2 11 immediate importance, takes effect upon enactment. 2 12 Sec. 3. APPLICABILITY. This Act is applicable to petitions 2 13 for franchise filed on or after November 1, 2014, that have not 2 14 been approved by the utilities board on or after the effective 2 15 date of this Act, and to petitions for franchise filed on or 2 16 after the effective date of this Act. HF 2448 (3) 86 rn/sc/md
