Bill Text: IA SF2160 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to certain actions of utility companies and the Iowa utilities board and including applicability provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-02-14 - Subcommittee Meeting: 02/15/2022 2:00PM Room G15. [SF2160 Detail]
Download: Iowa-2021-SF2160-Introduced.html
Senate
File
2160
-
Introduced
SENATE
FILE
2160
BY
J.
TAYLOR
A
BILL
FOR
An
Act
relating
to
certain
actions
of
utility
companies
and
the
1
Iowa
utilities
board
and
including
applicability
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2160
Section
1.
Section
6A.21,
subsection
2,
Code
2022,
is
1
amended
to
read
as
follows:
2
2.
The
limitation
on
the
definition
of
public
use,
3
public
purpose,
or
public
improvement
does
not
apply
to
the
4
establishment,
relocation,
or
improvement
of
a
road
pursuant
5
to
chapter
306
,
or
to
the
establishment
of
a
railway
under
the
6
supervision
of
the
department
of
transportation
as
provided
7
in
section
327C.2
,
or
to
an
airport
as
defined
in
section
8
328.1
,
or
to
land
acquired
in
order
to
replace
or
mitigate
land
9
used
in
a
road
project
when
federal
law
requires
replacement
10
or
mitigation
,
or
a
project
undertaken
by
a
public
utility
11
as
defined
in
section
476.1,
subsection
3
.
This
limitation
12
also
does
not
apply
to
utilities,
persons,
companies,
or
13
corporations
under
the
jurisdiction
of
the
Iowa
utilities
14
board
in
the
department
of
commerce
or
to
any
other
utility
15
conferred
the
right
by
statute
to
condemn
private
property
or
16
to
otherwise
exercise
the
power
of
eminent
domain,
except
to
17
the
extent
such
purpose
includes
construction
of
aboveground
18
merchant
lines.
19
Sec.
2.
Section
6A.22,
subsection
2,
paragraph
a,
20
subparagraph
(2),
Code
2022,
is
amended
to
read
as
follows:
21
(2)
The
acquisition
of
any
interest
in
property
necessary
to
22
the
function
of
a
public
or
private
utility
to
the
extent
such
23
purpose
does
not
include
construction
of
aboveground
merchant
24
lines,
or
necessary
to
the
function
of
a
common
carrier
or
an
25
airport
or
airport
system.
26
Sec.
3.
Section
479B.2,
Code
2022,
is
amended
by
adding
the
27
following
new
subsection:
28
NEW
SUBSECTION
.
4A.
“Public
convenience
and
necessity”
29
means
that
the
services
to
be
provided
by
the
pipeline
are
30
necessary
to
assure
an
economical
and
reliable
supply
of
the
31
hazardous
liquid
and
that
those
services
benefit
members
of
32
the
general
public
who
will
be
served
by
the
product
being
33
transported
in
the
pipeline.
34
Sec.
4.
Section
479B.11,
subsection
1,
Code
2022,
is
amended
35
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to
read
as
follows:
1
1.
If
the
board
enters
into
agreements
with
the
United
2
States
department
of
transportation
pursuant
to
section
3
479B.23
,
a
pipeline
company
shall
pay
an
annual
fee
of
fifty
4
cents
one
dollar
per
mile
of
pipeline
or
fraction
thereof
for
5
each
inch
of
diameter
of
the
pipeline
located
in
the
state.
6
The
inspection
fee
shall
be
paid
to
the
board
between
January
1
7
and
February
1
for
the
calendar
year.
8
Sec.
5.
APPLICABILITY.
The
following
apply
to
projects
or
9
condemnation
proceedings
commenced
on
or
after
July
1,
2022:
10
1.
The
section
of
this
Act
amending
section
6A.21,
11
subsection
2.
12
2.
The
section
of
this
Act
amending
section
6A.22,
13
subsection
2,
paragraph
“a”,
subparagraph
(2).
14
Sec.
6.
APPLICABILITY.
The
following
applies
to
decisions
15
of
the
utilities
board
under
chapter
479B
on
or
after
July
1,
16
2022:
17
The
section
of
this
Act
amending
section
479B.2.
18
Sec.
7.
APPLICABILITY.
The
following
applies
to
fees
19
imposed
under
section
479B.11,
subsection
1,
on
or
after
July
20
1,
2022:
21
The
section
of
this
Act
amending
section
479B.11,
subsection
22
1.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
substance
by
the
members
of
the
general
assembly.
26
This
bill
relates
to
certain
actions
of
utility
companies
27
and
the
Iowa
utilities
board.
28
Generally,
under
Code
chapter
6A,
the
authority
of
an
29
acquiring
agency
to
condemn
any
private
property
through
30
eminent
domain
may
only
be
exercised
for
a
public
purpose,
31
public
use,
or
public
improvement.
However,
Code
section
32
6A.21
provides
that
“public
use”
or
“public
purpose”
or
33
“public
improvement”
does
not
include
the
authority
to
34
condemn
agricultural
land
for
private
development
purposes
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unless
the
owner
of
the
agricultural
land
consents
to
the
1
condemnation.
Under
current
law,
this
limitation
on
the
2
definition
of
“public
use”
or
“public
purpose”
or
“public
3
improvement”
does
not
apply
to
utilities,
persons,
companies,
4
or
corporations
under
the
jurisdiction
of
the
Iowa
utilities
5
board
or
to
any
other
utility
conferred
the
right
by
statute
6
to
condemn
private
property
or
to
otherwise
exercise
the
power
7
of
eminent
domain,
except
to
the
extent
such
purpose
includes
8
construction
of
aboveground
merchant
lines.
The
bill
strikes
9
this
exclusion
relating
to
utilities
and
persons
or
entities
10
under
the
jurisdiction
of
the
Iowa
utilities
board
and
instead
11
provides
that
the
limitation
on
the
definition
of
“public
12
use”
or
“public
purpose”
or
“public
improvement”
relating
13
to
the
prohibition
against
condemnation
of
agricultural
14
property
does
not
apply
to
a
project
undertaken
by
a
public
15
utility,
as
defined
in
Code
section
476.1.
The
prohibition
16
on
the
condemnation
of
agricultural
land
for
the
construction
17
of
aboveground
merchant
lines
remains
by
operation
of
the
18
definition
of
“private
development
purposes”
in
Code
section
19
6A.21.
20
The
bill
also
amends
the
portion
of
the
definition
of
“public
21
use”,
“public
purpose”,
or
“public
improvement”
under
Code
22
section
6A.22
to
exclude
the
acquisition
of
any
interest
in
23
property
necessary
to
the
function
of
a
private
utility
or
a
24
common
carrier.
25
The
bill
adds
a
definition
of
“public
convenience
and
26
necessity”
to
Code
chapter
479B,
which
governs
the
granting
of
27
permits
for
a
pipeline
company
doing
business
in
this
state
28
to
construct,
maintain,
and
operate
a
pipeline.
Under
Code
29
section
479B.9,
the
Iowa
utilities
board
shall
not
grant
a
30
permit
unless
the
board
determines
that
the
proposed
services
31
will
promote
the
public
convenience
and
necessity.
32
If
the
utilities
board
enters
into
agreements
with
the
33
United
States
department
of
transportation
for
the
inspection
34
of
pipelines
to
determine
compliance
with
certain
standards,
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Code
section
479B.11
requires
each
pipeline
company
to
pay
an
1
annual
fee
of
$0.50
per
mile
of
pipeline
or
fraction
thereof
2
for
each
inch
of
diameter
of
the
pipeline
located
in
this
3
state.
The
bill
increases
the
rate
of
the
fee
from
$0.50
to
4
$1.00.
5
The
bill
includes
applicability
provisions.
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