Bill Text: IA SF236 | 2015-2016 | 86th General Assembly | Introduced

Iowa Senate Bill 236 (Prior Session Legislation)

Introduced

Bill Title: A bill for an act expanding the definition of a public utility for purposes of provisions governing public utility crossings of railroad rights-of-way, and including effective date and retroactive applicability provisions. (Formerly SSB 1085.)

Sponsorship: Committee Bill

Status: (Introduced - Dead) 2015-06-02 - Withdrawn. S.J. 1059. [SF236 Detail]

Download: Iowa-2015-SF236-Introduced.html

Senate File 236 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON COMMERCE

                                 (SUCCESSOR TO SSB
                                     1085)

                                      A BILL FOR

  1 An Act expanding the definition of a public utility for
  2    purposes of provisions governing public utility crossings
  3    of railroad rights=of=way, and including effective date and
  4    retroactive applicability provisions.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 476.27, subsection 1, Code 2015, is
  1  2 amended by adding the following new paragraph:
  1  3    NEW PARAGRAPH.  0d.  "Electric transmission owner" means
  1  4 an individual or entity who owns and maintains electric
  1  5 transmission facilities including transmission lines, wires, or
  1  6 cables that are capable of operating at an electric voltage of
  1  7 thirty=four and one=half kilovolts or greater.
  1  8    Sec. 2.  Section 476.27, subsection 1, paragraph e, Code
  1  9 2015, is amended to read as follows:
  1 10    e.   "Public utility" means a public utility as defined
  1 11 in section 476.1, except that, for purposes of this section,
  1 12 "public utility" also includes all mutual telephone companies,
  1 13 municipally owned facilities, unincorporated villages,
  1 14 waterworks, municipally owned waterworks, joint water
  1 15 utilities, rural water districts incorporated under chapter
  1 16 357A or 504, cooperative water associations, franchise cable
  1 17 television operators, and persons furnishing electricity
  1 18 to five or fewer persons, and electric transmission owners
  1 19 primarily providing service to public utilities as defined in
  1 20 section 476.1.
  1 21    Sec. 3.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of
  1 22 immediate importance, takes effect upon enactment.
  1 23    Sec. 4.  RETROACTIVE APPLICABILITY.  This Act applies
  1 24 retroactively to July 1, 2001.
  1 25                           EXPLANATION
  1 26 The inclusion of this explanation does not constitute agreement with
  1 27 the explanation's substance by the members of the general assembly.
  1 28    This bill expands the definition of "public utility" for
  1 29 purposes of provisions governing public utility crossings of
  1 30 railroad rights=of=way to include electric transmission owners
  1 31 primarily providing service to public utilities as defined in
  1 32 Code section 476.1.  The bill defines an "electric transmission
  1 33 owner" to mean an individual or entity who owns and maintains
  1 34 electric transmission facilities including transmission lines,
  1 35 wires, or cables that are capable of operating at an electric
  2  1 voltage of 34.5 kilovolts or greater.
  2  2    Provisions governing public utility crossings of railroad
  2  3 rights=of=way, which shall now encompass electronic
  2  4 transmission owners, include rules adopted by the Iowa
  2  5 utilities board in consultation with the department of
  2  6 transportation addressing notification required prior to the
  2  7 commencement of any crossing activity, a requirement that the
  2  8 railroad and the public utility each maintain and repair the
  2  9 person's own property within the railroad right=of=way and bear
  2 10 responsibility for each person's own acts and omissions, the
  2 11 amount and scope of insurance or self=insurance required to
  2 12 cover risks associated with a crossing, a procedure to address
  2 13 the payment of costs associated with the relocation of public
  2 14 utility facilities within the railroad right=of=way necessary
  2 15 to accommodate railroad operations, terms and conditions for
  2 16 securing the payment of any damages by the public utility
  2 17 before it proceeds with a crossing, access to a crossing for
  2 18 repair and maintenance of existing facilities in case of
  2 19 emergency, and engineering standards for utility facilities
  2 20 crossing railroad rights=of=way.
  2 21    Additionally, unless otherwise agreed by the parties or
  2 22 regarded as a special circumstance entitled to relief, a
  2 23 public utility that locates its facilities within a railroad
  2 24 right=of=way for a crossing, other than a crossing along the
  2 25 public roads of the state pursuant to Code chapter 477, shall
  2 26 pay a railroad a one=time standard crossing fee of $750 in
  2 27 lieu of any license or other fees or charges to reimburse the
  2 28 railroad for the direct expenses incurred by the railroad as a
  2 29 result of the crossing.
  2 30    The bill takes effect upon enactment and applies
  2 31 retroactively to July 1, 2001.
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