Bill Text: IA HSB222 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A study bill for modifying provisions applicable to the construction, erection, maintenance, or operation of electric transmission lines, and including effective date and applicability provisions.
Spectrum: Unknown
Status: (Introduced - Dead) 2015-03-25 - Voted - Government Oversight. [HSB222 Detail]
Download: Iowa-2015-HSB222-Introduced.html
House
Study
Bill
222
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
GOVERNMENT
OVERSIGHT
BILL
BY
CHAIRPERSON
KAUFMANN)
A
BILL
FOR
An
Act
modifying
provisions
applicable
to
the
construction,
1
erection,
maintenance,
or
operation
of
electric
transmission
2
lines,
and
including
effective
date
and
applicability
3
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.
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
Sec.
2.
Section
478.4,
Code
2015,
is
amended
to
read
as
7
follows:
8
478.4
Franchise
——
hearing.
9
1.
The
utilities
board
shall
consider
the
petition
and
10
any
objections
filed
to
it
in
the
manner
provided.
It
shall
11
examine
the
proposed
route
or
cause
any
engineer
selected
12
by
it
to
do
so.
If
a
hearing
is
held
on
the
petition
it
may
13
hear
testimony
as
may
aid
it
in
determining
the
propriety
of
14
granting
the
franchise.
It
may
grant
the
franchise
in
whole
or
15
in
part
upon
the
terms,
conditions,
and
restrictions,
and
with
16
the
modifications
as
to
location
and
route
as
may
seem
to
it
17
just
and
proper.
Before
granting
the
franchise,
the
utilities
18
board
shall
make
a
finding
that
the
proposed
line
or
lines
are
19
necessary
to
serve
a
public
use
and
represents
a
reasonable
20
relationship
to
an
overall
plan
of
transmitting
electricity
in
21
the
public
interest.
A
franchise
shall
not
become
effective
22
until
the
petitioners
shall
pay,
or
file
an
agreement
to
pay,
23
all
costs
and
expenses
of
the
franchise
proceeding,
whether
24
or
not
objections
are
filed,
including
costs
of
inspections
25
or
examinations
of
the
route,
hearing,
salaries,
publishing
26
of
notice,
and
any
other
expenses
reasonably
attributable
to
27
it.
The
funds
received
for
the
costs
and
the
expenses
of
the
28
franchise
proceeding
shall
be
remitted
to
the
treasurer
of
29
state
for
deposit
in
the
department
of
commerce
revolving
fund
30
created
in
section
546.12
as
provided
in
section
476.10
.
31
2.
A
finding
of
public
use
and
public
interest
shall
not
be
32
made
in
regard
to
a
petition
for
a
franchise
or
an
extension
33
of
franchise
if
the
petition
sets
forth
that
the
exercise
of
34
the
right
of
eminent
domain
will
be
used
and
if
the
petition
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is
filed
by
or
involves
a
merchant
transmission
line
or
1
company
that
sells
less
than
fifty
percent
of
the
electricity
2
transmitted
through
this
state
by
the
line
or
company
to
a
3
public
utility
located
within
this
state.
For
purposes
of
4
this
subsection,
“merchant
transmission
line
or
company”
means
5
an
entity
that
generates
and
transmits,
or
solely
transmits,
6
electricity.
For
purposes
of
this
subsection,
“public
utility”
7
means
the
same
as
defined
in
section
476.1.
8
Sec.
3.
NEW
SECTION
.
478.34
Severability.
9
If
any
provision
of
this
chapter
or
its
application
to
any
10
person
or
circumstance
is
held
invalid
or
otherwise
rendered
11
ineffective
by
any
entity,
the
invalidity
or
ineffectiveness
12
shall
not
affect
other
provisions
or
applications
of
this
13
chapter
that
can
be
given
effect
without
the
invalid
or
14
ineffective
provision
or
application,
and
to
this
end
the
15
provisions
of
this
chapter
are
severable.
16
Sec.
4.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
17
immediate
importance,
takes
effect
upon
enactment.
18
Sec.
5.
APPLICABILITY.
This
Act
is
applicable
to
petitions
19
for
franchise
or
extension
of
franchise
filed
on
or
after
20
November
1,
2014,
which
have
not
been
acted
upon
by
the
21
board
on
the
effective
date
of
this
Act,
and
to
petitions
for
22
franchise
or
extension
of
franchise
filed
on
or
after
the
23
effective
date
of
this
Act.
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
modifies
provisions
applicable
to
the
28
construction,
erection,
maintenance,
or
operation
of
electric
29
transmission
lines
contained
in
Code
chapter
478.
30
In
determining
whether
to
grant
a
petition
for
a
franchise
to
31
construct,
erect,
maintain,
or
operate
an
electric
transmission
32
line,
the
Iowa
utilities
board
is
required
to
find
that,
among
33
other
requirements,
the
proposed
line
or
lines
are
necessary
34
to
serve
a
public
use
and
represents
a
reasonable
relationship
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to
an
overall
plan
of
transmitting
electricity
in
the
public
1
interest.
The
bill
provides
that
a
finding
of
public
use
and
2
public
interest
shall
not
be
made
in
the
event
a
petition
for
3
a
franchise
or
an
extension
of
franchise
sets
forth
that
the
4
exercise
of
eminent
domain
will
be
used
and
the
petition
is
5
filed
by
or
involves
a
merchant
transmission
line
or
company
6
that
sells
less
than
50
percent
of
the
electricity
transmitted
7
through
this
state
by
the
line
or
company
to
a
public
utility
8
located
within
Iowa.
The
bill
defines
a
“merchant
transmission
9
line
or
company”
to
mean
an
entity
that
generates
and
10
transmits,
or
solely
transmits,
electricity
through
this
state.
11
The
bill
defines
a
“public
utility”
by
referencing
a
definition
12
contained
in
Code
section
476.1,
subsection
3,
paragraph
“a”,
13
as
meaning
any
person,
partnership,
business
association,
or
14
corporation,
domestic
or
foreign,
owning
or
operating
any
15
facilities
for
furnishing
gas
by
piped
distribution
system
or
16
electricity
to
the
public
for
compensation.
17
Additionally,
current
Code
section
478.3,
specifying
18
franchise
petition
requirements,
provides
that
for
the
19
purposes
of
that
Code
section,
the
term
“public”
shall
not
be
20
interpreted
to
be
limited
to
consumers
located
in
Iowa.
The
21
bill
modifies
this
provision
to
instead
specify
that
the
term
22
“public”
as
used
in
Code
chapter
478
in
reference
to
public
23
use,
interest,
and
needs
shall
refer
to
and
be
limited
to
24
consumers
located
in
this
state.
25
Further,
the
bill
contains
a
severability
provision
26
providing
that
if
any
provision
of
Code
chapter
478
or
its
27
application
to
any
person
or
circumstance
is
held
invalid
or
28
otherwise
rendered
ineffective
by
any
entity,
the
invalidity
29
or
ineffectiveness
shall
not
affect
other
provisions
or
30
applications
of
the
Code
chapter
that
can
be
given
effect
31
without
the
invalid
or
ineffective
provision
or
application,
32
and
to
this
end
the
provisions
of
the
Code
chapter
are
33
severable.
34
The
bill
takes
effect
upon
enactment
and
applies
to
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petitions
for
franchise
or
extension
of
franchise
filed
on
1
or
after
November
1,
2014,
which
have
not
been
acted
upon
by
2
the
board
on
the
bill’s
effective
date,
and
to
petitions
for
3
franchise
or
extension
of
franchise
filed
on
or
after
the
4
bill’s
effective
date.
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