Bill Text: IA HSB249 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A study bill relating to the construction, erection, maintenance, or operation of electric transmission lines and hazardous liquid pipelines, and including effective date and applicability provisions.
Spectrum: Unknown
Status: (Introduced - Dead) 2015-04-28 - 12:00PM; RM 22 Government Oversight. [HSB249 Detail]
Download: Iowa-2015-HSB249-Introduced.html
House
Study
Bill
249
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
GOVERNMENT
OVERSIGHT
BILL
BY
CHAIRPERSON
KAUFMANN)
A
BILL
FOR
An
Act
relating
to
the
construction,
erection,
maintenance,
1
or
operation
of
electric
transmission
lines
and
hazardous
2
liquid
pipelines,
and
including
effective
date
and
3
applicability
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
478.3,
subsection
3,
Code
2015,
is
1
amended
to
read
as
follows:
2
3.
a.
For
the
purpose
of
this
section
chapter
,
the
term
3
“public”
when
used
in
relation
to
public
interest,
public
use,
4
or
needs
of
the
public
shall
not
be
interpreted
to
refer
to
and
5
be
limited
to
consumers
located
in
this
state.
6
b.
Paragraph
“a”
shall
not
apply
to
a
transmission
line,
7
wire,
or
cable
that
is
capable
of
operating
at
an
electric
8
voltage
of
thirty-four
and
one-half
kilovolts
or
greater
9
and
that
primarily
provides
electricity
through
alternating
10
current
and
is
used
by
rate-regulated
electric
utilities,
11
municipal
electric
utilities,
rural
electric
cooperatives,
or
12
electric
transmission
owners
to
provide
electric
service
to
the
13
aforementioned
utilities
or
to
the
public
for
compensation.
14
Sec.
2.
Section
478.4,
Code
2015,
is
amended
to
read
as
15
follows:
16
478.4
Franchise
——
hearing.
17
1.
The
utilities
board
shall
consider
the
petition
and
18
any
objections
filed
to
it
in
the
manner
provided.
It
shall
19
examine
the
proposed
route
or
cause
any
engineer
selected
20
by
it
to
do
so.
If
a
hearing
is
held
on
the
petition
it
may
21
hear
testimony
as
may
aid
it
in
determining
the
propriety
of
22
granting
the
franchise.
It
may
grant
the
franchise
in
whole
or
23
in
part
upon
the
terms,
conditions,
and
restrictions,
and
with
24
the
modifications
as
to
location
and
route
as
may
seem
to
it
25
just
and
proper.
Before
granting
the
franchise,
the
utilities
26
board
shall
make
a
finding
that
the
proposed
line
or
lines
are
27
necessary
to
serve
a
public
use
and
represents
a
reasonable
28
relationship
to
an
overall
plan
of
transmitting
electricity
in
29
the
public
interest.
A
franchise
shall
not
become
effective
30
until
the
petitioners
shall
pay,
or
file
an
agreement
to
pay,
31
all
costs
and
expenses
of
the
franchise
proceeding,
whether
32
or
not
objections
are
filed,
including
costs
of
inspections
33
or
examinations
of
the
route,
hearing,
salaries,
publishing
34
of
notice,
and
any
other
expenses
reasonably
attributable
to
35
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it.
The
funds
received
for
the
costs
and
the
expenses
of
the
1
franchise
proceeding
shall
be
remitted
to
the
treasurer
of
2
state
for
deposit
in
the
department
of
commerce
revolving
fund
3
created
in
section
546.12
as
provided
in
section
476.10
.
4
2.
a.
A
finding
of
public
use
and
public
interest
shall
5
not
be
made
in
regard
to
a
petition
for
a
franchise
if
the
6
petition
sets
forth
that
the
exercise
of
the
right
of
eminent
7
domain
will
be
used
and
if
the
petition
primarily
involves
8
construction
of
a
high-voltage
direct
current
line
and
9
the
petition
does
not
provide
for
the
erection
of
electric
10
substations
at
intervals
of
less
than
fifty
miles,
which
is
11
necessary
to
accommodate
both
the
purchase
and
sale
to
persons
12
located
in
this
state
of
electricity
generated
or
transmitted
13
by
the
franchisee.
14
b.
Paragraph
“a”
shall
not
apply
to
a
transmission
line,
15
wire,
or
cable
that
is
capable
of
operating
at
an
electric
16
voltage
of
thirty-four
and
one-half
kilovolts
or
greater
17
and
that
primarily
provides
electricity
through
alternating
18
current
and
is
used
by
rate-regulated
electric
utilities,
19
municipal
electric
utilities,
rural
electric
cooperatives,
or
20
electric
transmission
owners
to
provide
electric
service
to
the
21
aforementioned
utilities
or
to
the
public
for
compensation.
22
Sec.
3.
NEW
SECTION
.
478.34
Severability.
23
If
any
provision
of
this
chapter
or
its
application
to
any
24
person
or
circumstance
is
held
invalid
or
otherwise
rendered
25
ineffective
by
any
entity,
the
invalidity
or
ineffectiveness
26
shall
not
affect
other
provisions
or
applications
of
this
27
chapter
that
can
be
given
effect
without
the
invalid
or
28
ineffective
provision
or
application,
and
to
this
end
the
29
provisions
of
this
chapter
are
severable.
30
Sec.
4.
Section
479B.1,
Code
2015,
is
amended
to
read
as
31
follows:
32
479B.1
Purpose
——
authority.
33
It
is
the
purpose
of
the
general
assembly
in
enacting
this
34
law
to
grant
the
utilities
board
the
authority
to
implement
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certain
controls
over
hazardous
liquid
pipelines
to
protect
1
landowners
and
tenants
from
environmental
or
economic
2
damages
which
may
result
from
the
construction,
operation,
3
or
maintenance
of
a
hazardous
liquid
pipeline
or
underground
4
storage
facility
within
the
state,
to
approve
the
location
and
5
route
of
hazardous
liquid
pipelines,
and
to
grant
rights
of
6
eminent
domain
where
necessary
unless
the
grant
of
such
rights
7
is
specifically
prohibited
.
8
Sec.
5.
Section
479B.2,
Code
2015,
is
amended
by
adding
the
9
following
new
subsections:
10
NEW
SUBSECTION
.
2A.
“Major
oil
pipeline”
means
a
pipeline
11
that
is
larger
than
twelve
inches
in
inside
diameter.
12
NEW
SUBSECTION
.
2B.
“Major
oil
pipeline
company”
means
13
a
person
engaged
in
or
organized
for
the
purpose
of
owning,
14
operating,
or
controlling
major
oil
pipelines
for
the
15
transportation
or
transmission
of
any
hazardous
liquid.
16
Sec.
6.
Section
479B.16,
Code
2015,
is
amended
to
read
as
17
follows:
18
479B.16
Eminent
domain.
19
1.
A
pipeline
company
granted
a
pipeline
permit
shall
20
be
vested
with
the
right
of
eminent
domain,
to
the
extent
21
necessary
and
as
prescribed
and
approved
by
the
board,
not
22
exceeding
seventy-five
feet
in
width
for
right-of-way
and
23
not
exceeding
one
acre
in
any
one
location
in
addition
to
24
right-of-way
for
the
location
of
pumps,
pressure
apparatus,
25
or
other
stations
or
equipment
necessary
to
the
proper
26
operation
of
its
pipeline.
The
board
may
grant
additional
27
eminent
domain
rights
where
the
pipeline
company
has
presented
28
sufficient
evidence
to
adequately
demonstrate
that
a
greater
29
area
is
required
for
the
proper
construction,
operation,
and
30
maintenance
of
the
pipeline
or
for
the
location
of
pumps,
31
pressure
apparatus,
or
other
stations
or
equipment
necessary
to
32
the
proper
operation
of
its
pipeline.
33
2.
A
pipeline
company
granted
a
permit
for
underground
34
storage
of
hazardous
liquid
shall
be
vested
with
the
right
of
35
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eminent
domain
to
the
extent
necessary
and
as
prescribed
and
1
approved
by
the
board
in
order
to
appropriate
for
its
use
for
2
the
underground
storage
of
hazardous
liquid
any
subsurface
3
stratum
or
formation
in
any
land
which
the
board
shall
have
4
found
to
be
suitable
and
in
the
public
interest
for
the
5
underground
storage
of
hazardous
liquid,
and
may
appropriate
6
other
interests
in
property,
as
may
be
required
adequately
to
7
examine,
prepare,
maintain,
and
operate
the
underground
storage
8
facilities.
9
3.
This
chapter
does
not
authorize
the
construction
of
10
a
pipeline
longitudinally
on,
over,
or
under
any
railroad
11
right-of-way
or
public
highway,
or
at
other
than
an
approximate
12
right
angle
to
a
railroad
track
or
public
highway
without
13
the
consent
of
the
railroad
company,
the
state
department
of
14
transportation,
or
the
county
board
of
supervisors,
and
this
15
chapter
does
not
authorize
or
give
the
right
of
condemnation
or
16
eminent
domain
for
such
purposes.
17
4.
A
major
oil
pipeline
company
as
defined
in
section
479B.2
18
that
has
not
received
a
permit
under
this
chapter
on
or
before
19
January
12,
2015,
shall
not
be
granted,
or
otherwise
vested
20
with,
the
right
of
eminent
domain.
21
Sec.
7.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
22
immediate
importance,
takes
effect
upon
enactment.
23
Sec.
8.
APPLICABILITY.
The
sections
of
this
Act
amending
24
sections
478.3
and
478.4
are
applicable
to
petitions
for
25
franchise
filed
on
or
after
November
1,
2014,
that
have
not
26
been
acted
upon
by
the
board
on
the
effective
date
of
this
Act
27
and
to
petitions
for
franchise
filed
on
or
after
the
effective
28
date
of
this
Act.
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
This
bill
relates
to
the
construction,
erection,
33
maintenance,
or
operation
of
electric
transmission
lines
and
34
hazardous
liquid
pipelines.
35
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_____
In
determining
whether
to
grant
a
petition
for
a
franchise
to
1
construct,
erect,
maintain,
or
operate
an
electric
transmission
2
line,
the
Iowa
utilities
board
is
required
to
find
that,
among
3
other
requirements,
the
proposed
line
or
lines
are
necessary
4
to
serve
a
public
use
and
represent
a
reasonable
relationship
5
to
an
overall
plan
of
transmitting
electricity
in
the
public
6
interest.
The
bill
provides
that
a
finding
of
public
use
and
7
public
interest
shall
not
be
made
in
the
event
a
petition
for
8
a
franchise
primarily
involves
construction
of
a
high-voltage
9
direct
current
line
and
the
petition
does
not
provide
for
the
10
erection
of
electric
substations
at
intervals
of
less
than
50
11
miles,
which
is
necessary
to
accommodate
both
the
purchase
and
12
sale
to
persons
located
in
Iowa
of
electricity
generated
or
13
transmitted
by
the
franchisee.
14
Additionally,
current
Code
section
478.3,
specifying
15
franchise
petition
requirements,
provides
that
for
the
16
purposes
of
that
Code
section,
the
term
“public”
shall
not
be
17
interpreted
to
be
limited
to
consumers
located
in
Iowa.
The
18
bill
modifies
this
provision
to
instead
specify
that
the
term
19
“public”
as
used
in
Code
chapter
478
in
reference
to
public
20
use,
interest,
and
needs
shall
refer
to
and
be
limited
to
21
consumers
located
in
this
state.
22
With
reference
to
both
the
restriction
against
a
finding
23
of
public
use
and
public
interest
for
the
high-voltage
24
direct
current
line
and
the
limitation
of
the
term
“public”
25
to
consumers
located
in
Iowa,
the
bill
provides
that
these
26
provisions
shall
not
apply
to
a
transmission
line,
wire,
or
27
cable
that
is
capable
of
operating
at
an
electric
voltage
28
of
34
and
one-half
kilovolts
or
greater
that
primarily
29
provides
electricity
through
alternating
current
and
is
30
used
by
rate-regulated
electric
utilities,
municipal
31
electric
utilities,
rural
electric
cooperatives,
or
electric
32
transmission
owners
to
provide
electric
service
to
the
33
aforementioned
utilities
or
to
the
public
for
compensation.
34
Further,
the
bill
provides
that
if
any
provision
of
Code
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chapter
478
or
its
application
to
any
person
or
circumstance
is
1
held
invalid
or
otherwise
rendered
ineffective
by
any
entity,
2
the
invalidity
or
ineffectiveness
shall
not
affect
other
3
provisions
or
applications
of
the
Code
chapter
that
can
be
4
given
effect
without
the
invalid
or
ineffective
provision
or
5
application,
and
to
this
end
the
provisions
of
the
Code
chapter
6
are
severable.
7
With
relation
to
hazardous
liquid
pipelines,
the
bill
adds
8
two
new
definitions
to
Code
section
479B.2.
The
bill
defines
9
a
“major
oil
pipeline”
to
mean
a
pipeline
that
is
larger
than
10
12
inches
in
inside
diameter.
The
bill
defines
a
“major
oil
11
pipeline
company”
to
mean
a
person
engaged
in
or
organized
12
for
the
purpose
of
owning,
operating,
or
controlling
major
13
oil
pipelines
for
the
transportation
or
transmission
of
any
14
hazardous
liquid.
The
bill
provides
that
a
major
oil
pipeline
15
company
that
has
not
received
a
permit
under
Code
chapter
479B
16
to
construct,
maintain,
or
operate
a
major
oil
pipeline
on
or
17
before
January
12,
2015,
shall
not
be
granted,
or
otherwise
18
vested
with,
the
right
of
eminent
domain.
19
The
bill
takes
effect
upon
enactment.
The
provisions
of
20
the
bill
relating
to
petitions
for
a
franchise
to
construct,
21
erect,
maintain,
or
operate
an
electric
transmission
line
22
apply
to
petitions
for
franchise
filed
on
or
after
November
1,
23
2014,
that
have
not
been
acted
upon
by
the
board
on
the
bill’s
24
effective
date
and
to
petitions
for
franchise
filed
on
or
after
25
that
date.
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