Senate
Study
Bill
3120
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
COMMERCE
BILL
BY
CHAIRPERSON
PETERSEN)
A
BILL
FOR
An
Act
relating
to
utility
facilities
of
electric
transmission
1
owners
within
public
road
rights-of-way.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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5470XC
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S.F.
_____
Section
1.
Section
306.46,
subsection
2,
Code
2016,
is
1
amended
to
read
as
follows:
2
2.
For
purposes
of
this
section
,
“public
utility”
means
3
a
public
utility
as
defined
in
section
476.1
,
and
shall
also
4
include
waterworks,
municipally
owned
waterworks,
joint
water
5
utilities,
rural
water
districts
incorporated
under
chapter
6
357A
or
chapter
504
,
and
cooperative
water
associations
,
and
7
electric
transmission
owners
as
defined
in
section
476.27
8
primarily
providing
service
to
public
utilities
as
defined
9
in
section
476.1
.
For
the
purposes
of
this
section
,
“utility
10
facilities”
means
any
cables,
conduits,
wire,
pipe,
casing
11
pipe,
supporting
poles,
guys,
and
other
material
and
equipment
12
utilized
for
the
furnishing
of
electric,
gas,
communications,
13
water,
or
sewer
service.
14
EXPLANATION
15
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
16
the
explanation’s
substance
by
the
members
of
the
general
assembly.
17
Code
section
306.46
provides
that
a
public
utility
may
18
construct,
operate,
repair,
or
maintain
its
utility
facilities
19
within
a
public
road
right-of-way.
This
bill
amends
the
20
definition
of
“public
utility”
in
that
provision
to
include
21
electric
transmission
owners
primarily
providing
service
to
22
public
utilities.
23
Code
section
476.27
defines
an
electric
transmission
owner
24
as
an
individual
or
entity
who
owns
and
maintains
electric
25
transmission
facilities
including
transmission
lines,
wires,
or
26
cables
that
are
capable
of
operating
at
an
electric
voltage
of
27
34.5
kilovolts
or
greater
that
are
required
for
rate-regulated
28
electric
utilities,
municipal
electric
utilities,
and
rural
29
electric
cooperatives
in
this
state
to
provide
electric
service
30
to
the
public
for
compensation.
31
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