Bill > SSB1113

Introduced Session

This bill relates to electric transmission lines approved by federally registered planning authority transmission plans including right of first refusal and land restoration requirements. The bill expounds the legislative purpose of Code section 478.16, identifying Iowa consumers’ urgent need for development and investment in high-voltage transmission. The bill provides that an incumbent electric transmission owner may be formed, located, or headquartered in any state as long as the electric transmission line is located in Iowa. The bill defines an “incumbent electric transmission owner” as an individual or entity who, as of July 1, 2024, owns and maintains an electric transmission line in this state that is required for rate-regulated electric utilities, municipal electric utilities, and rural electric cooperatives in the state to provide electric service to the public for compensation. Under the bill, an incumbent electric transmission facility owner has the right to construct, own, and maintain an electric transmission line that directly connects to the electric transmission facility. If a proposed transmission line would directly connect to facilities owned by two or more facility owners, each owner has the right to construct, own, and maintain the electric transmission line individually and equally. The bill requires an incumbent electric transmission S.F. _____ owner exercising its right to construct, own, and maintain an electric transmission line to offer public power utilities an opportunity to jointly own a portion of the electric transmission line. The offered amount must be at least the amount of the public power utility’s electric load divided by the total electric load in the applicable incumbent electric transmission owner’s pricing zone. The bill does not prohibit the entities from agreeing to joint ownership in a different amount. Additionally, the bill allows the public power utility to transfer or assign its joint ownership rights to another public power utility or group of public power utilities with the consent of the incumbent electric transmission owner. The bill allows an incumbent electric transmission owner exercising its right to construct, own, and maintain an electric transmission line to contract with another electric transmission owner or electric public utility to jointly own a portion of the electric transmission line. The bill requires the incumbent electric transmission owner or owners with approved electric transmission lines not subject to right of first refusal in a federally registered planning authority transmission plan to give notice to the commission whether the owner or owners intend to construct, own, and maintain the electric transmission line. The notice shall be given within the later of 90 days of approval for construction or 90 days after enactment of the bill. The commission may determine whether another person may construct the electric transmission line if the incumbent electric transmission owner or owners give notice declining to construct or do not give timely notice. The bill requires incumbent electric transmission owners to provide documentation to the commission that shows utilization of competitively bid construction contracts that meet all necessary technical, commercial, and other specifications required for compliant construction. The bill allows the consumer advocate free access to all S.F. _____ documents, reports, and information submitted to the commission regarding cost accountability measures for the construction of electric transmission lines. These documents, reports, and information may be used by the consumer advocate for any purpose within the scope of the consumer advocate’s duties. These provisions do not create a private cause of action or complaint. The bill directs the commission to adopt rules to implement the land restoration requirements after initial construction of an electric transmission line as set forth in the bill. The bill requires incumbent electric transmission owners to repair drain tiles damaged during construction as soon as practicable and to complete permanent repairs as soon as practicable after initial construction. The permanent repairs must be of the same quality, size, and flow capacity of the original drain tile. The bill requires incumbent electric transmission owners to remove all nonnative rocks larger than three inches in diameter from the easement area. The disposal of rock that cannot be used as backfill must be done at a location and in a manner agreed to between the incumbent electric transmission owner and the landowner. The bill requires the incumbent electric transmission owner to till agricultural land affected by construction, including right-of-way access points or roads, after electric transmission line construction activities are completed on the affected property. The land must be tilled at least 18 inches deep in land used for crop production and 12 inches deep in all other land, unless otherwise agreed to by the landowner. The bill requires the incumbent electric transmission owner to restore soil conservation practices and structures damaged during construction to their previous state, compact the soil used to repair embankments intended to retain water, and reestablish any vegetation disturbed during construction, including cover crops. S.F. _____ The bill requires the incumbent electric transmission owner to reseed the agricultural land, excluding row crops and small grain production, following compaction of the land. Seeding for cover crops may be delayed if construction is completed too late in the year and is not required if the land will be tilled the following year. When the season is not suitable for the seeding of cover crops, the landowner may request ground cover to prevent soil erosion. The bill requires the incumbent electric transmission owner to remove all field entrances and temporary roads used during construction and to restore the areas to their previous state following the completion of the initial construction. The bill requires the incumbent electric transmission owner to use good practices when constructing in wet conditions and to grade and till any rutted land in order to restore the land to its original condition to the extent practicable. Additionally, the bill allows the landowner to repair damage caused by construction in wet conditions. The incumbent electric transmission owner shall then reimburse the landowner for reasonable costs of repair. The bill requires an electric transmission owner to utilize mudflats, mats, or other measures to minimize soil disturbance when using heavy equipment in wetlands. The bill requires the incumbent electric transmission owner to provide contact information to all persons affected by the construction of each transmission line. The bill allows the commission to appoint an inspector to determine compliance with restoration standards in the event the incumbent electric transmission owner and the landowner dispute over potential violations. The cost of the inspection shall be paid by the incumbent electric transmission owner. If the inspector determines there have been violations of the restoration standards, the commission will provide oral and written notice to the incumbent electric transmission owner. The commission will order corrective actions be taken to comply S.F. _____ with the standards. The costs of the corrective actions will be borne by the electric transmission owner. The bill allows the commission to issue an order requiring corrective action and impose civil penalties if the incumbent electric transmission owner or its contractor do not comply with the required standards. The bill requires the commission to instruct the inspectors on the statutes, rules, and responsibilities regarding restoration standards. The bill requires petitioners for a franchise for electric transmission construction to file a land restoration plan outlining how the construction will conform to the required standards. The restoration plan will also be provided to all property owners affected by the construction. The bill allows alternative provisions in independent agreements with landowners regarding protecting or restoring property as long as these provisions are in writing and are provided to the commission. The bill allows electric transmission owners to propose alternate methods of land restoration to the commission. The commission, by waiver, may allow variations to the land restoration requirements if the proposed alternate methods would restore the land to a condition as good or better than those required by the bill. The bill allows the commission to waive the preparation of a separate land restoration plan, in whole or in part, if the incumbent electric transmission owner satisfies the requirements through similar agreement with other agencies in the state. The relevant agreements must be filed with the commission. The bill does not limit, expand, or otherwise modify the rights of access and obligations for damages set forth in Code section 478.17. The bill takes effect upon enactment. The bill applies retroactively to an electric transmission S.F. _____ line included in a federally registered planning authority long-term transmission plan approved on or after July 1, 2020, with the exception of the provisions requiring incumbent electric transmission owners to offer public power utilities the option to jointly own qualifying electric transmission lines. For this exception, the bill applies retroactively to July 1, 2024.

Committee Categories

No sponsors listed

Other Sponsors (1)

Senate Commerce Subcommittee (10:30:00 3/4/2025 Senate Lounge) (on 03/04/2025)

Official Document