Bill Text: IA SSB3176 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to electric transmission lines and electric transmission owners, and including effective date and applicability provisions.(See SF 2372.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2024-02-14 - Committee report approving bill, renumbered as SF 2372. [SSB3176 Detail]
Download: Iowa-2023-SSB3176-Introduced.html
Senate
Study
Bill
3176
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
COMMERCE
BILL
BY
CHAIRPERSON
BROWN)
A
BILL
FOR
An
Act
relating
to
electric
transmission
lines
and
electric
1
transmission
owners,
and
including
effective
date
and
2
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
478.16,
Code
2024,
is
amended
to
read
as
1
follows:
2
478.16
Electric
transmission
lines
——
federally
registered
3
planning
authority
transmission
plans.
4
1.
Development
and
investment
in
high-voltage
transmission
5
is
urgently
needed
to
ensure
the
reliable,
adequate,
secure,
6
and
stable
delivery
of
electricity
to
consumers.
To
ensure
7
reliable
electric
service
to
the
people
of
Iowa
as
a
matter
8
of
public
policy,
it
is
the
intent
of
the
general
assembly
9
to
express
a
preference
for
further
investment
in
Iowa
10
transmission
infrastructure
by
electric
transmission
owners
who
11
have
already
dedicated
significant
resources
to
develop
the
12
infrastructure
on
which
Iowans
rely.
13
1.
2.
As
used
in
this
section
,
unless
the
context
otherwise
14
requires:
15
a.
“Electric
transmission
line”
means
a
high-voltage
16
electric
transmission
line
located
in
this
state
with
a
17
capacity
of
one
hundred
kilovolts
or
more
and
any
associated
18
electric
transmission
facility,
including
any
substation
or
19
other
equipment
located
in
this
state
.
20
b.
“Electric
transmission
owner”
means
an
individual
or
21
entity
who,
as
of
July
1,
2020,
owns
and
maintains
an
electric
22
transmission
line
that
is
required
for
rate-regulated
electric
23
utilities,
municipal
electric
utilities,
and
rural
electric
24
cooperatives
in
this
state
to
provide
electric
service
to
the
25
public
for
compensation.
26
c.
“Incumbent
electric
transmission
owner”
means
any
of
the
27
following
,
which
may
be
formed,
located,
or
headquartered
in
28
any
state
:
29
(1)
A
public
utility
or
a
municipally
owned
utility
that
30
owns,
operates,
and
maintains
an
electric
transmission
line
in
31
this
state.
32
(2)
An
electric
cooperative
corporation
or
association
or
33
municipally
owned
utility
that
owns
an
electric
transmission
34
facility
in
this
state
and
has
turned
over
the
functional
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control
of
such
facility
to
a
federally
approved
authority.
1
(3)
An
“electric
transmission
owner”
as
defined
in
paragraph
2
“b”
.
3
d.
“Landowner”
means
the
same
as
defined
in
section
478.2
.
4
e.
“Municipally
owned
utility”
means
a
“city
utility”
as
5
defined
in
section
362.2
,
or
an
“electric
power
agency”
as
6
defined
in
section
390.9
which
that
is
comprised
solely
of
7
cities
or
solely
of
cities
and
other
political
subdivisions.
8
2.
3.
An
incumbent
electric
transmission
owner
has
the
9
right
to
construct,
own,
and
maintain
an
electric
transmission
10
line
that
has
been
approved
for
construction
in
a
federally
11
registered
planning
authority
transmission
plan
and
which
that
12
directly
connects
to
an
electric
transmission
facility
owned
by
13
the
incumbent
electric
transmission
owner.
Where
a
proposed
14
electric
transmission
line
would
directly
connect
to
electric
15
transmission
facilities
owned
by
two
or
more
incumbent
electric
16
transmission
owners,
each
incumbent
electric
transmission
owner
17
whose
facility
connects
to
the
electric
transmission
line
18
has
the
right
to
construct,
own,
and
maintain
the
electric
19
transmission
line
individually
and
equally.
If
an
incumbent
20
electric
transmission
owner
declines
to
construct,
own,
and
21
maintain
its
portion
of
an
electric
transmission
line
that
22
would
connect
to
electric
transmission
facilities
owned
by
23
two
or
more
incumbent
electric
transmission
owners,
then
the
24
other
incumbent
electric
transmission
owner
or
owners
that
25
own
an
electric
transmission
facility
to
which
the
electric
26
transmission
line
connects
has
the
right
to
construct,
own,
and
27
maintain
the
electric
transmission
line
individually.
28
3.
4.
If
an
electric
transmission
line
has
been
approved
29
for
construction
in
a
federally
registered
planning
authority
30
transmission
plan
after
July
1,
2020
,
and
the
electric
31
transmission
line
is
not
subject
to
a
right
of
first
refusal
in
32
accordance
with
the
tariff
of
a
federally
registered
planning
33
authority,
then
within
the
later
of
ninety
days
of
approval
34
for
construction
or
ninety
days
after
enactment
of
this
Act
,
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an
incumbent
electric
transmission
owner,
or
owners
if
there
1
is
more
than
one
owner,
that
owns
a
connecting
electric
2
transmission
facility
shall
give
written
notice
to
the
board
3
regarding
whether
the
incumbent
electric
transmission
owner
4
or
owners
intend
to
construct,
own,
and
maintain
the
electric
5
transmission
line.
If
the
incumbent
electric
transmission
6
owner
or
owners
give
notice
of
intent
to
construct
the
electric
7
transmission
line,
the
incumbent
electric
transmission
owner
8
or
owners
shall
follow
the
applicable
franchise
requirements
9
pursuant
to
this
chapter
.
If
the
incumbent
electric
10
transmission
owner
or
owners
give
notice
declining
to
construct
11
the
electric
transmission
line
or
fail
to
provide
timely
notice
12
of
the
intent
to
construct
the
project
,
the
board
may
determine
13
whether
another
person
may
construct
the
electric
transmission
14
line.
15
4.
5.
For
projects
where
for
which
an
election
to
construct
16
an
electric
transmission
line
has
been
made
under
this
section
,
17
all
of
the
following
cost
accountability
measures
shall
apply:
18
a.
Within
thirty
days
after
the
issuance
of
a
franchise
19
pursuant
to
this
chapter
for
the
electric
transmission
line,
20
the
incumbent
electric
transmission
owner
or
owners
shall
21
provide
to
the
board
an
estimate
of
the
cost
to
construct
the
22
electric
transmission
line.
23
b.
Until
construction
of
the
electric
transmission
line
24
is
complete,
the
incumbent
electric
transmission
owner
or
25
owners
shall
provide
a
quarterly
report
to
the
board,
which
26
shall
include
an
updated
estimate
of
the
cost
to
construct
the
27
electric
transmission
line
and
an
explanation
of
changes
in
the
28
cost
estimate
from
the
prior
cost
estimate.
29
5.
6.
This
section
shall
not
modify
the
authority
of
the
30
board
under
this
chapter
,
the
rights
of
landowners
under
this
31
chapter
,
or
the
requirements,
rights,
and
obligations
relating
32
to
the
construction,
maintenance,
and
operation
of
electric
33
transmission
lines
pursuant
to
this
chapter
.
34
6.
7.
This
section
shall
not
apply
to
an
electric
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transmission
line
to
be
placed
underground
that
has
not
been
1
approved
for
construction
in
a
federally
registered
planning
2
authority
transmission
plan.
3
7.
8.
The
board
shall
adopt
rules
pursuant
to
chapter
17A
4
to
administer
this
section
.
5
Sec.
2.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
6
importance,
takes
effect
upon
enactment.
7
Sec.
3.
RETROACTIVE
APPLICABILITY.
The
provisions
of
this
8
Act
shall
apply
retroactively
to
July
1,
2020.
9
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
This
bill
relates
to
electric
transmission
lines
and
13
electric
transmission
owners.
The
bill
expounds
the
14
legislative
purpose
of
Code
section
478.16,
identifying
Iowa
15
consumers’
urgent
need
for
development
and
investment
in
16
high-voltage
transmission.
The
bill
provides
that
an
incumbent
17
electric
transmission
owner
may
be
formed,
located,
or
18
headquartered
in
any
state
as
long
as
the
electric
transmission
19
line
is
located
in
Iowa.
20
Under
the
bill,
an
existing
electric
transmission
facility
21
owner
has
the
right
to
construct,
own,
and
maintain
an
electric
22
transmission
line
that
directly
connects
to
the
electric
23
transmission
facility.
If
a
proposed
transmission
line
24
would
directly
connect
to
facilities
owned
by
two
or
more
25
facility
owners,
each
owner
has
the
right
to
construct,
own,
26
and
maintain
the
electric
transmission
line
individually
and
27
equally.
28
After
July
1,
2020,
approved
electric
transmission
lines
not
29
subject
to
right
of
first
refusal
in
a
federally
registered
30
planning
authority
transmission
plan
shall
give
notice
to
the
31
Iowa
utilities
board
(board)
whether
the
incumbent
electric
32
transmission
owner
or
owners
intend
to
construct,
own,
and
33
maintain
the
electric
transmission
line.
The
notice
shall
be
34
given
within
the
later
of
90
days
of
approval
for
construction
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or
90
days
after
enactment
of
the
bill.
The
board
may
1
determine
whether
another
person
may
construct
the
electric
2
transmission
line
if
the
incumbent
electric
transmission
owner
3
or
owners
give
notice
declining
to
construct
or
do
not
give
4
timely
notice.
5
The
bill
takes
effect
upon
enactment.
6
The
bill
applies
retroactively
to
an
electric
transmission
7
line
approved
for
construction
in
a
federally
registered
8
planning
authority
transmission
plan.
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