General Assembly: 79 (2002 Regular GA) - Chapter 1097 - Electric transmission lines — extensions of franchises


Published: 2002-04-09

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181 LAWS OF THE SEVENTY−NINTH G.A., 2002 SESSION CH. 1097

has its principal place of business for the enforcement of any order pursuant to this section and such court shall have jurisdiction and power to order and require compliance therewith.

Sec. 17.EFFECTIVE DATE AND APPLICABILITY.This Act takes effect on July 1, 2002, with the following exceptions:

1.Certification to the superintendent under section 12C.20, subsection 1, shall not be re- quired until January 31, 2003.

2.Notification by the superintendent to the treasurer of state under section 12C.20, subsec- tion 4, shall not be required until April 30, 2003.

3.The pledging of collateral to the treasurer of state pursuant to section 12C.22 shall not be required until July 1, 2003.

Approved April 9, 2002

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CH. 1097CH. 1097

CHAPTER 1097

ELECTRIC TRANSMISSION LINES  EXTENSIONS OF FRANCHISES

H.F. 2341

AN ACT relating to electric transmission lines.

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

Section 1.Section 478.13, Code 2001, is amended to read as follows: 478.13EXTENSION OF FRANCHISE  PUBLIC NOTICE. 1.Any person, firm, or corporation owning a franchise granted under this chapter or pre-

viously existing law, desiring to acquire extensions of such franchise, may petition the utilities board in the manner provided for the granting of a franchise and the proceeding shall be con- ducted in the same manner as an original application, including the assessing of costs provided by section 478.4 for an extension of the franchise. The board shall adopt rules governing ex- tension applications and proceedings with the intent that the extension applications and pro- ceedings are less extensive than original applications and proceedings. Assessment of costs shall be as provided in section 478.4.

2.If the extension of franchise is sought for all lines in a given county or counties, the pub- lished notice need not contain a general description of the lands and highways traversed by the lines, but in lieu of containing such description the petitioner may offer to provide to any interested party, free of charge and within ten working days, a current, accurate map showing the location of the lines for which the franchise extension is sought. The public notice shall advise the citizens of the county or counties affected of the availability of such map. If this alternate procedure is not followed the publication of the description of the lands and high- ways traversed by the lines shall be done in the manner as in an original application for fran- chise.

3.In any event an An extension under this section shall be granted only for a valid, existing franchise, and the lands, roads, or streams covered by the franchise over, through, or upon which electric transmission lines have in fact been erected or constructed and are in use or operation at the time of the application for the extension of the franchise. Such petition

4.The application for the extension of the franchise shall be accompanied by the written consent of the applicant that the provisions of all laws relating to public utilities, franchises, and transmission lines, or to the regulation, supervision, or control thereof which are then in

182LAWS OF THE SEVENTY−NINTH G.A., 2002 SESSIONCH. 1097

force or which may be thereafter enacted, shall apply to its existing line or lines, franchises, and rights with the same force and effect as if such the franchise had been granted or such, the lines had been constructed, or rights had been obtained under the provisions of this chap- ter.

5.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 kilovolts or more but which that remains in service at a lower voltage. The board shall be notified of changes in oper- ating status.

Sec. 2.Section 478.18, Code 2001, is amended to read as follows: 478.18SUPERVISION OF CONSTRUCTION  LOCATION. 1.The utilities board shall have power of supervision over the construction of said a trans-

mission line and over its future operation and maintenance. Said 2.A transmission line shall be constructed near and parallel to roads, to the right of way

right-of-way of the railways of the state, or along the division lines of the lands, according to the government survey thereof, wherever the same is practicable and reasonable, and so as not to interfere with the use by the public of the highways or streams of the state, nor unneces- sarily interfere with the use of any lands by the occupant thereof.

Sec. 3.Section 478.21, Code 2001, is amended to read as follows: 478.21NONUSER. 1.If the improvement for which a franchise is granted is not constructed in whole or in part

within two years from the date the franchise is granted, or within two years after final unap- pealable disposition of judicial review of a franchise order or of condemnation proceedings, the franchise shall be forfeited and the utilities board which granted the franchise shall revoke the franchise and make a record of the revocation, unless the person holding the franchise peti- tions the board for an extension of time.

2.Upon a showing of sufficient justification for the delay of construction, the board may grant an extension one or more extensions of time for not more than an additional periods up to two years for each extension. An extension of time shall only be allowed for franchises granted on or after July 1, 1994.

Approved April 9, 2002

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CH. 1098CH. 1098

CHAPTER 1098

PROCEDURES AND RECORDS PERTAINING TO DEATHS  MEDICAL EXAMINERS

H.F. 2453

AN ACT relating to the offices of the state and county medical examiners, establishing fees, and making penalties applicable.

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

Section 1.Section 22.7, subsection 41, Code Supplement 2001, is amended by striking the subsection and inserting in lieu thereof the following:

41.Medical examiner records and reports, including preliminary reports, investigative re- ports, and autopsy reports. However, medical examiner records and reports shall be released