Bill Text: IA SF573 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to merchant line franchise petition requirements and levee and drainage districts, and including retroactive applicability provisions.(Formerly SSB 1217.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2023-04-26 - Withdrawn. S.J. 981. [SF573 Detail]
Download: Iowa-2023-SF573-Introduced.html
Senate
File
573
-
Introduced
SENATE
FILE
573
BY
COMMITTEE
ON
WAYS
AND
MEANS
(SUCCESSOR
TO
SSB
1217)
A
BILL
FOR
An
Act
relating
to
merchant
line
franchise
petition
1
requirements
and
levee
and
drainage
districts,
and
including
2
retroactive
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2562SV
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es/rn
S.F.
573
Section
1.
Section
468.3,
Code
2023,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
6A.
As
used
in
this
chapter,
the
term
3
“culvert”
includes
a
drain,
tile,
or
tile
line.
4
Sec.
2.
Section
478.6A,
subsection
2,
Code
2023,
is
amended
5
to
read
as
follows:
6
2.
Notwithstanding
section
478.21
,
in
addition
to
any
7
other
applicable
requirements
pursuant
to
this
chapter
,
if
a
8
petition
for
a
franchise
to
construct
a
merchant
line
that
9
is
proposed
to
be
constructed
above
ground
and
involves
the
10
taking
of
property
under
eminent
domain
is
not
approved
by
the
11
board
and
a
franchise
granted
within
three
years
following
the
12
date
the
petition
is
filed
with
the
board
pursuant
to
section
13
478.3
,
the
board
shall
reject
the
petition
and
make
a
record
14
of
the
rejection.
If
the
hearing
on
the
petition
conducted
15
pursuant
to
section
478.4
has
been
held
within
the
three-year
16
period
following
the
date
the
petition
is
filed,
but
the
board
17
has
not
completed
its
deliberations
within
that
three-year
18
period,
the
three-year
period
may
be
extended
by
the
board
to
19
allow
completion
of
deliberations.
A
petitioner
shall
not
file
20
a
petition
for
the
same
or
a
similar
project
that
has
been
21
rejected
within
sixty
months
following
the
date
of
rejection
22
if
the
rejection
was
for
failure
to
be
approved
within
three
23
years
following
the
date
the
petition
was
filed
as
provided
in
24
this
subsection
.
25
Sec.
3.
RETROACTIVE
APPLICABILITY.
The
section
of
this
Act
26
amending
section
478.6A
applies
retroactively
to
a
petition
for
27
a
franchise
submitted
on
or
after
September
1,
2020.
28
EXPLANATION
29
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
30
the
explanation’s
substance
by
the
members
of
the
general
assembly.
31
This
bill
relates
to
merchant
line
franchise
petition
32
requirements
and
levee
and
drainage
districts.
33
The
bill
defines
“culvert”
to
include
a
drain,
tile,
or
34
tile
line
in
Code
chapter
468,
relating
to
levee
and
drainage
35
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2
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573
districts.
1
The
bill
specifies
that
if
a
proposed
aboveground
merchant
2
line
involving
the
use
of
eminent
domain
fails
to
be
approved
3
by
the
Iowa
utilities
board
within
three
years
following
the
4
submission
of
the
franchise’s
petition,
the
board
shall
reject
5
the
petition.
Current
law
does
not
restrict
this
provision
to
6
aboveground
merchant
lines.
7
The
section
of
the
bill
amending
Code
section
478.6A
applies
8
retroactively
to
a
petition
for
a
franchise
submitted
on
or
9
after
September
1,
2020.
10
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2562SV
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es/rn
2/
2
