Bill Text: IA HSB179 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A study bill relating to electric transmission lines exceeding a specified length by prescribing location requirements, establishing fees, and including effective date and applicability provisions.
Spectrum: Unknown
Status: (Introduced - Dead) 2015-03-04 - 11:30AM; House Lounge Transportation. [HSB179 Detail]
Download: Iowa-2015-HSB179-Introduced.html
House
Study
Bill
179
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
TRANSPORTATION
BILL
BY
CHAIRPERSON
BYRNES)
A
BILL
FOR
An
Act
relating
to
electric
transmission
lines
exceeding
a
1
specified
length
by
prescribing
location
requirements,
2
establishing
fees,
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
312.1,
subsection
1,
Code
2015,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
0e.
All
the
net
proceeds
of
the
franchise
3
fee
under
section
478.8.
4
Sec.
2.
Section
478.3,
subsection
1,
paragraph
c,
Code
2015,
5
is
amended
to
read
as
follows:
6
c.
The
starting
points,
routes,
and
termini
of
the
proposed
7
lines,
accompanied
with
a
map
or
plat
showing
such
details.
If
8
a
proposed
line
exceeds
five
hundred
miles
in
length,
the
map
9
or
plat
shall
document
that
the
line
shall
be
constructed
near
10
and
parallel
to
an
existing
highway
right-of-way
as
provided
in
11
section
478.18,
subsection
3.
12
Sec.
3.
Section
478.8,
Code
2015,
is
amended
to
read
as
13
follows:
14
478.8
Valuation
of
franchise
——
fees
.
15
1.
No
Except
as
provided
in
subsection
2,
financial
16
consideration
shall
not
be
charged
for
such
franchise.
In
17
fixing
the
value
for
rate-making
purposes
of
the
property
of
18
any
person,
company,
or
corporation
owning
it
or
assigned
the
19
franchise
or
operating
under
it
the
franchise,
no
account
shall
20
be
taken
of,
and
no
increased
value
shall
be
allowed
for,
21
any
such
franchise,
except
that
the
reasonable
cost
to
the
22
petitioners
of
obtaining
said
the
franchise
may
be
included
in
23
the
cost
of
constructing
said
line.
24
2.
a.
An
applicant
granted
a
franchise
pursuant
to
this
25
chapter
to
construct,
maintain,
or
operate
a
transmission
26
line
that
exceeds
five
hundred
miles
in
length
shall
be
27
charged
an
initial
fee
of
forty-five
million
dollars
on
the
28
date
the
franchise
is
granted,
and
an
annual
fee
of
three
29
million
eight
hundred
thousand
dollars
thereafter
for
each
30
year
the
franchise
is
in
existence.
The
annual
fee
shall
31
apply
equally
to
assignees
or
operators
as
well
as
to
original
32
owners.
Fees
paid
pursuant
to
this
subsection
shall
not
be
33
taken
into
account
in
fixing
the
value
for
rate-making
purposes
34
under
subsection
1
of
the
property
of
any
person,
company,
or
35
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corporation
owning,
assigned,
or
operating
the
franchise.
1
b.
Fees
collected
pursuant
to
this
subsection
shall
be
2
deposited
in
the
road
use
tax
fund
created
in
section
312.1.
3
Sec.
4.
Section
478.13,
Code
2015,
is
amended
by
adding
the
4
following
new
subsection:
5
NEW
SUBSECTION
.
6.
An
extension
of
an
existing
franchise
6
for
construction,
maintenance,
or
operation
of
a
transmission
7
line
that
exceeds
five
hundred
miles
shall
be
subject
to
the
8
initial
and
annual
fees
imposed
pursuant
to
section
478.8
and
9
to
the
construction
location
requirements
contained
in
section
10
478.18,
subsection
3.
11
Sec.
5.
Section
478.18,
Code
2015,
is
amended
by
adding
the
12
following
new
subsection:
13
NEW
SUBSECTION
.
3.
Notwithstanding
any
other
provision
to
14
the
contrary,
a
transmission
line
that
exceeds
five
hundred
15
miles
in
length
shall
be
constructed
near
and
parallel
to
16
an
existing
highway
right-of-way.
For
the
purposes
of
this
17
subsection,
“highway
right-of-way”
means
the
same
as
defined
in
18
section
318.1.
19
Sec.
6.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
20
immediate
importance,
takes
effect
upon
enactment.
21
Sec.
7.
RETROACTIVE
APPLICABILITY.
This
Act
applies
22
retroactively
to
petitions
for
a
franchise
or
extension
of
a
23
franchise
filed
on
or
after
November
1,
2014.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
relates
to
electric
transmission
lines
exceeding
28
a
specified
length
by
prescribing
location
requirements
and
29
establishing
fees.
30
Currently,
Code
section
478.8
provides
that
financial
31
consideration
shall
not
be
charged
for
obtaining
a
franchise
to
32
construct,
maintain,
or
operate
an
electric
transmission
line.
33
The
bill
creates
an
exception
to
this
provision
by
imposing
34
an
initial
fee
of
$45
million
and
an
annual
fee
thereafter
of
35
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$3.8
million
for
a
franchise
for
construction,
maintenance,
or
1
operation
of
a
transmission
line
exceeding
500
miles
in
length.
2
The
bill
provides
that
the
annual
fee
requirement
shall
apply
3
equally
to
assignees
or
operators
of
the
franchise
as
well
as
4
to
original
owners.
The
bill
also
provides
that
in
fixing
the
5
value
for
rate-making
purposes
of
the
property
of
any
person,
6
company,
or
corporation
owning
or
operating
the
franchise,
the
7
initial
or
annual
fees
shall
not
be
taken
into
account.
The
8
bill
directs
that
the
fees
be
deposited
in
the
general
fund
of
9
the
state
and
credited
to
the
road
use
tax
fund.
10
Additionally,
the
bill
provides
that
a
transmission
line
11
exceeding
500
miles
in
length
shall
be
constructed
near
12
and
parallel
to
an
existing
highway
right-of-way.
The
bill
13
references
the
definition
of
“highway
right-of-way”
contained
14
in
Code
section
318.1
as
meaning
the
total
area
of
land,
15
whether
reserved
by
public
ownership
or
easement,
that
is
16
reserved
for
the
operation
and
maintenance
of
a
legally
17
established
public
roadway
deemed
to
consist
of
two
portions,
a
18
central
traveled
way
including
the
shoulders
and
that
remainder
19
on
both
sides
of
the
road,
between
the
outside
shoulder
edges
20
and
the
outer
boundaries
of
the
right-of-way.
21
The
bill
provides
that
the
initial
and
annual
fee
and
22
location
requirements
apply
to
extensions
of
an
existing
23
franchise
for
the
construction,
maintenance,
or
operation
of
a
24
transmission
line
that
exceeds
500
miles
in
length.
25
The
bill
takes
effect
upon
enactment
and
applies
26
retroactively
to
petitions
for
a
franchise
or
extension
of
a
27
franchise
filed
on
or
after
November
1,
2014.
28
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