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Status: (Introduced) 2023-04-26 - Withdrawn.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 TLSB 2562SV (2) 90 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 -1- LSB 2562SV (2) 90 es/rn 1/ 2
S.F. 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 -2- LSB 2562SV (2) 90 es/rn 2/ 2
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