General Assembly: 79 (2002 Regular GA) - Chapter 1048 - Electric transmission line franchises


Published: 2002-04-01

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78LAWS OF THE SEVENTY−NINTH G.A., 2002 SESSIONCH. 1048

CH. 1048CH. 1048

CHAPTER 1048

ELECTRIC TRANSMISSION LINE FRANCHISES

S.F. 2086

AN ACT relating to the kilowatt1 threshold for electric transmission line franchises, making related changes, and providing an effective date.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1.Section 478.1, Code 2001, is amended to read as follows: 478.1FRANCHISE. 1.A person shall not construct, erect, maintain, or operate a transmission line, wire, or cable

which that is capable of operating at an electric voltage of thirty-four and one-half sixty-nine kilovolts or more along, over, or across any public highway or grounds outside of cities for the transmission, distribution, or sale of electric current, without first procuring from the utilities board within the utilities division of the department of commerce a franchise granting author- ity as provided in this chapter. However, a

2.A franchise shall not be required for electric lines constructed entirely within the bound- aries of property owned by a person primarily engaged in the transmission or distribution of electric power or entirely within the boundaries of property owned by the end user of the elec- tric power.

3.If the transmission line, wire, or cable is capable of operating only at an electric voltage of less than thirty-four and one-half sixty-nine kilovolts, no franchise is required. However, the utilities board shall retain jurisdiction over all such lines, wires, or cables.

4.A person who seeks to construct, erect, maintain, or operate a transmission line, wire, or cable which that will operate at an electric voltage of less than thirty-four and one-half sixty- nine kilovolts outside of cities and which that cannot secure the necessary voluntary ease- ments to do so may petition the board pursuant to section 478.3, subsection 1, for a franchise granting authority for such construction, erection, maintenance, or operation, and for the use of the right of eminent domain.

Sec. 2.Section 478.2, Code 2001, is amended to read as follows: 478.2PETITION FOR FRANCHISE  INFORMATIONAL MEETINGS HELD. 1.Any person, corporation, or company authorized to transact business in the state includ-

ing cities may file a verified petition asking for a franchise to erect, maintain, and operate a line or lines for the transmission, distribution, use, and sale of electric current outside cities and for such purpose to erect, use, and maintain poles, wires, guy wires, towers, cables, con- duits, and other fixtures and appliances necessary for conducting electric current for light, heat, or power over, along, and across any public lands, highways, streams, or the lands of any person, company, or corporation, and to acquire necessary interests in real estate for such pur- poses.

2.As conditions precedent to the filing of a petition with the utilities board requesting a fran- chise for a new transmission line, and not less than thirty days prior to the filing of such peti- tion, the person, company, or corporation shall hold informational meetings in each county in which real property or rights therein will be affected.

a.A member of the board, the counsel of the board, or a hearing examiner designated by the board shall serve as the presiding officer at each meeting, shall present an agenda for such meeting which shall include a summary of the legal rights of the affected landowners, and shall distribute and review the statement of individual rights required under section 6B.2A, subsec- tion 1. A formal record of the meeting shall not be required.

b.The meeting shall be held at a location reasonably accessible to all persons, companies, or corporations which that may be affected by the granting of the franchise.

3.The person, company, or corporation seeking the franchise for a new transmission line

___________________

1Kilovolt" probably intended

79 LAWS OF THE SEVENTY−NINTH G.A., 2002 SESSION CH. 1048

shall give notice of the informational meeting to each person, company, or corporation deter- mined to be the landowner affected by the proposed project and any person, company, or cor- poration in possession of or residing on the property.

a.For the purposes of this section, landowner" unless the context otherwise requires:

(1)Landowner" means a person, company, or corporation listed on the tax assessment rolls as responsible for the payment of real estate taxes imposed on the property and trans- mission.

(2)Transmission line" means any line capable of operating at thirty-four and one-half sixty-nine kilovolts or more and extending a distance of not less than one mile across privately owned real estate.

b.The notice shall set forth contain the following:

(1)The name of the applicant; state the.

(2)The applicant’s principal place of business; state the.

(3)A general description and purpose of the proposed project; state the.

(4)The general nature of the right-of-way desired; state the.

(5)The possibility that the right-of-way may be acquired by condemnation if approved by the utilities board; provide a.

(6)A map showing the route of the proposed project; provide a.

(7)A description of the process used by the utilities board in making a decision on whether to approve a franchise or grant the right to take property by eminent domain; advise.

(8)A statement that the landowner has the right to be present at such meetings and to file objections with the utilities board; designate the.

(9)The place and time of the meeting;.

c.The notice shall be served not less than thirty days prior to the time set for the meeting by certified mail with return receipt requested; and shall be published once in a newspaper of general circulation in the county at least one week and not more than three weeks before the time of the meeting and such publication shall be considered notice to landowners whose resi- dence is not known.

4.No A person, company, or corporation seeking rights under this chapter shall not negoti- ate or purchase any easements or other interests in land in any county known to be affected by the proposed project prior to the informational meeting.

Sec. 3.Section 478.3, subsection 2, unnumbered paragraph 1, Code Supplement 2001, is amended to read as follows:

Petitions for transmission lines capable of operating at thirty-four and one-half sixty-nine kilovolts or more and extending a distance of not less than one mile across privately owned real estate shall also set forth an allegation that the proposed construction represents a reason- able relationship to an overall plan of transmitting electricity in the public interest and sub- stantiation of such allegations, including but not limited to, a showing of the following:

Sec. 4.Section 478.13, unnumbered paragraph 2, Code 2001, is amended to read as fol- lows:

An extension of a franchise is not required for an electric transmission line which that has been permanently retired from operation at thirty-four and one-half sixty-nine kilovolts or more but which remains in service at a lower voltage. The board shall be notified of changes in operating status.

Sec. 5.EFFECTIVE DATE.This Act, being deemed of immediate importance, takes effect upon enactment.

Approved April 1, 2002