Amendment H-8339 to HF 2551

Filed April 17, 2024 in the House by

What it changes

1. By striking everything after the enacting clause and inserting: “Section
2. Section 478.16, Code 2024, is amended to read as follows: 478.16 Electric transmission lines —— federally registered planning authority transmission plans.
3. Development and investment in high-voltage transmission is urgently needed to ensure the reliable, adequate, secure, and stable delivery of electricity to consumers. To ensure reliable electric service to the people of Iowa as a matter of public policy, it is the intent of the general assembly to express a preference for further investment in Iowa transmission infrastructure by electric transmission owners who have already dedicated significant resources to develop the infrastructure on which Iowans rely.
5. As used in this section , unless the context otherwise requires: a. “Electric transmission line” means a high-voltage electric transmission line located in this state with a capacity of one hundred kilovolts or more and any associated electric transmission facility, including any substation or other equipment located in this state . b. “Electric transmission owner” means an individual or entity who, as of July 1, 2020, owns and maintains an electric transmission line that is required for rate-regulated electric utilities, municipal electric utilities, and rural electric cooperatives in this state to provide electric service to the public for compensation. c. “Incumbent electric transmission owner” means any of the following , which may be formed, located, or headquartered in any state : (1) A public utility or a municipally owned utility that owns, operates, and maintains an electric transmission line in this state. (2) An electric cooperative corporation or association or municipally owned utility that owns an electric transmission facility in this state and has turned over the functional control of such facility to a federally approved authority. (3) An “electric transmission owner” as defined in paragraph “b” . d. “Landowner” means the same as defined in section 478.2 “Initial construction” means the construction necessary to establish and place an electric transmission line into initial operation . e. “Municipally owned utility” means a “city utility” as defined in section 362.2 , or an “electric power agency” as defined in section 390.9 which that is comprised solely of cities or solely of cities and other political subdivisions. f. “Qualified individual” means someone who is capable and knowledgable enough to determine compliance with the standards set forth in this section.
7. An incumbent electric transmission owner has the right to construct, own, and maintain an electric transmission line that has been approved for construction in a federally registered planning authority transmission plan and which that directly connects to an electric transmission facility owned by the incumbent electric transmission owner. Where a proposed electric transmission line would directly connect to electric transmission facilities owned by two or more incumbent electric transmission owners, each incumbent electric transmission owner whose facility connects to the electric transmission line has the right to construct, own, and maintain the electric transmission line individually and equally. If an incumbent electric transmission owner declines to construct, own, and maintain its portion of an electric transmission line that would connect to electric transmission facilities owned by two or more incumbent electric transmission owners, then the other incumbent electric transmission owner or owners that own an electric transmission facility to which the electric transmission line connects has the right to construct, own, and maintain the electric transmission line individually.
9. If an electric transmission line has been approved for construction in a federally registered planning authority transmission plan after July 1, 2020 , and the electric transmission line is not subject to a right of first refusal in accordance with the tariff of a federally registered planning authority, then within the later of ninety days of approval for construction or ninety days after enactment of this Act , an incumbent electric transmission owner, or owners if there is more than one owner, that owns a connecting electric transmission facility shall give written notice to the board regarding whether the incumbent electric transmission owner or owners intend to construct, own, and maintain the electric transmission line. If the incumbent electric transmission owner or owners give notice of intent to construct the electric transmission line, the incumbent electric transmission owner or owners shall follow the applicable franchise requirements pursuant to this chapter . If the incumbent electric transmission owner or owners give notice declining to construct the electric transmission line or fail to provide timely notice of the intent to construct the project , the board may determine whether another person may construct the electric transmission line.
11. For projects where for which an election to construct an electric transmission line has been made under this section , all of the following cost accountability measures shall apply: a. Within thirty days after the issuance of a franchise pursuant to this chapter for the electric transmission line, the incumbent electric transmission owner or owners shall provide to the board an estimate of the cost to construct complete the initial construction of the electric transmission line. b. Until the initial construction of the electric transmission line is complete, the incumbent electric transmission owner or owners shall provide a quarterly report to the board, which shall include an updated estimate of the cost to construct the electric transmission line , and an explanation of changes in the cost estimate from the prior cost estimate , and documentation that the incumbent electric transmission owner or owners have used competitively bid construction contracts that meet all the technical, commercial, and other specifications, such as safety performance, that are required by the incumbent electric transmission owner or owners with respect to the initial construction of the electric transmission line . c. The consumer advocate appointed under section 475A.1 shall have free access to documents, reports, and information submitted to the board pursuant to this subsection, consistent with section 475A.4. To the extent relevant, the board and the consumer advocate may use the information for any purpose properly within the scope of their respective duties including but not limited to use in proceedings before the federal energy regulatory commission to challenge the costs incurred by the incumbent electric transmission owner. However, this subsection does not create a private cause of action or complaint.
13. This section shall not modify the authority of the board under this chapter , the rights of landowners under this chapter , or the requirements, rights, and obligations relating to the construction, maintenance, and operation of electric transmission lines pursuant to this chapter .
15. This section shall not apply to an electric transmission line to be placed underground that has not been approved for construction in a federally registered planning authority transmission plan.
17. The board shall adopt rules pursuant to chapter 17A to administer this section , which shall include rules regarding the restoration of agricultural lands following the initial construction of an electric transmission line, as specified in subsection 9 .
18. The board shall adopt rules to implement the following requirements, which shall not apply within the corporate limits of a city or to any construction, activity, or electric transmission lines other than the initial construction of an electric transmission line with a capacity of two hundred or more kilovolts and for which an election to construct has been made under this section: a. An electric transmission owner shall repair a damaged underground drain tile as soon as practicable during construction of the electric transmission line. Permanent repairs to the damaged underground drain tile shall be completed within fourteen days, if practicable, after the initial construction of the electric transmission line is complete. The repairs made to the damaged drain tile shall be of at least equal quality, size, and flow capacity of the original drain tile. b. Following the initial construction of an electric transmission line, the electric transmission owner shall remove from the easement area all rock larger than three inches in average diameter not native to the soil of the excavated land. The rock removed from the excavated land that cannot be used to backfill shall be disposed of at a location and in a manner agreed upon by the electric transmission owner and the landowner. c. Upon completion of construction activities on a property, the electric transmission owner shall deep till agricultural land, including right-of-way access points or roads traversed by heavy construction equipment, to alleviate soil compaction. The land shall be tilled at least eighteen inches deep in land used for crop production and twelve inches deep in other lands unless requested by the landowner. d. Upon completion of the electric transmission line, the electric transmission owner shall restore the soil conservation practices and structures damaged during construction of the electric transmission line to the elevation and grade existing on the land prior to the construction. The soil used to repair embankments intended to retain water shall be well compacted. Any vegetation disturbed during construction shall be reestablished, including cover crops when appropriate. e. Following compaction of the land, agricultural land that is not in row crop or small grain production at the time of construction, including hay ground and land in conservation or set-aside programs, shall be reseeded and a cover crop shall be utilized when appropriate. Seeding for cover crops may be delayed if the construction of the electric transmission line is completed too late in the year for a cover crop to become established and is not required if the land will be tilled in the following year. The landowner may request ground cover to prevent soil erosion in areas where construction on the electric transmission line is completed if the season is not suitable for seeding a cover crop. f. Unless agreed upon by the electric transmission owner and the landowner, the electric transmission owner shall remove field entrances or temporary roads built for the purpose of constructing the electric transmission line upon the completion of the initial construction and restore the area to its previous use. g. An incumbent electric transmission owner shall use best utility practices for constructing the electric transmission line in wet conditions, such as electing to use matting or padding when utilizing heavy equipment. An electric transmission owner shall grade and till any rutted land to restore, to the extent practicable, the original condition of the land prior to the construction of the electric transmission line. If agreed upon by the incumbent electric transmission owner and the landowner, the landowner may repair any damage caused by construction activities in wet conditions and the incumbent electric transmission owner shall reimburse the landowner for the reasonable cost incurred to repair the damage. If an incumbent electric transmission owner utilizes heavy equipment in wetlands or mudflats, mats or other measures shall be utilized to minimize soil disturbance. h. For each electric transmission line, the incumbent electric transmission owner shall designate a point of contact for inquiries or claims from an affected person. The designation shall include a name, a telephone number, an email address, and an address.
19. a. If an incumbent electric transmission owner and a landowner dispute a potential violation of the restoration standards provided in subsection 9, the board may appoint a qualified individual to inspect the property for compliance. If the qualified individual determines that there has been a violation of the applicable restoration standards, the board shall provide oral notice, followed by written notice, to the incumbent electric transmission owner and the contractor operating for the incumbent electric transmission owner and order corrective action to comply with the restoration standards. The incumbent electric transmission owner shall be responsible for the costs of the corrective action. b. If the incumbent electric transmission owner or the contractor for the incumbent electric transmission owner does not comply with a valid order for corrective action issued by the board, the board may issue an order requiring corrective action to be taken and may impose civil penalties under section 478.29. c. The board shall instruct the inspector appointed by the board regarding the content of the statutes and rules and the responsibility of the inspector to require restoration conforming with the standards established in subsection
21. a. A petitioner for a franchise for an electric transmission line shall file with the petition a written land restoration plan that documents how the requirements and rules of subsection 9 will be met. The petitioner shall provide a copy of the plan to all landowners of property that will be disturbed by the initial construction. b. This subsection does not preclude the application of provisions for protecting or restoring property that are different than those prescribed in subsection 9, in rules adopted under subsection 9, or in the land restoration plan, if the alternative provisions are contained in agreements independently executed by the electric transmission owner and the landowner, and if the alternative provisions are not inconsistent with state law or with rules adopted by the board. Independent agreements for land restoration between the incumbent electric transmission owner and the landowner shall be in writing and provided to the board. c. The board may by waiver allow variations from the requirements of subsection 9 if the incumbent electric transmission owner requesting a waiver satisfies the standards set forth in section 17A.9A and if the alternative methods proposed by the incumbent electric transmission owner would restore the land to a condition as good as or better than as provided for in subsection
22. d. The board may waive preparation of a separate land restoration plan if the incumbent electric transmission owner enters into an agricultural impact mitigation plan or similar agreement with the appropriate agencies of this state that satisfies the requirements of subsection
23. If a mitigation plan or agreement is used to fully or partially meet the requirements of a land restoration plan, the statement or agreement shall be filed with the board and shall be considered to be, or to be part of, the land restoration plan for purposes of subsection
25. Nothing in this section shall limit, expand, or otherwise modify the rights of access and obligations for damages set forth in section 478.17. Sec.
26. Section 478.18, Code 2024, is amended to read as follows: 478.18 Supervision of construction —— location.
27. The utilities board shall have power of supervision over the construction of a transmission line and over its future operation and maintenance , including inspections for compliance with the standards adopted under section 478.16 after restoration of the land is complete .
28. A transmission line shall be constructed near and parallel to roads, to the right-of-way of the railways of the state, or along the division lines of the lands, according to the government survey, 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 unnecessarily interfere with the use of any lands by the occupant.
29. The utilities board may contract a qualified individual for the purpose of inspections authorized under section 478.16. The reasonable cost of the inspection shall be paid by the incumbent electric transmission owner. The utilities board shall instruct the inspector appointed by the board regarding the content of the statutes and rules and the responsibility of the inspector to require restoration conforming with the applicable standards established in section 478.16. For purposes of this section, “qualified individual” means the same as defined in section 478.16. Sec.
30. EFFECTIVE DATE. This Act, being deemed of immediate importance, takes effect upon enactment. Sec.
31. RETROACTIVE APPLICABILITY. The provisions of this Act shall apply retroactively to July 1,
32. ”

Official amendment (PDF) · In the Bill Book