SB 1211 - This act modifies provisions relating to eminent domain for electrical corporations.
Currently, any authority conferred by a certificate of convenience and necessity is null and void if not exercised within two years. This act states that any authority conferred by the Public Service Commission under provisions of law relating to certificates of convenience and necessity is null and void if not exercised within two years.
For purposes of a provision of law relating to certificates of convenience and necessity (CCN) granted by the Public Service Commission, for any approval, permission, right, privilege, or franchise for an electrical corporation, the term "public service" shall mean the delivery of electrical service to consumers in the state, and the exercise of any authority conferred by the Commission shall mean the actual commencement of construction on such electrical system. No such approval, permission, or CCN shall be granted by the Commission without the prior approval of the county commission for each county through which the electrical system seeking approval shall pass. Any transmission line providing less than 50% of its electrical load to consumers in the state shall not be considered public service.
The authority for an electrical corporation to condemn property shall not extend to the construction or operation of transmission lines that provide less than 50% of their electrical load to end-user electrical consumers in the state.
For condemnation of any agricultural or horticultural property by an electrical corporation, just compensation shall be an amount equivalent to 150% of fair market value.
In any condemnation proceeding involving agricultural or horticultural property, at least one of the disinterested commissioners appointed by the court shall be a farmer who has been engaged in farming for a minimum of 10 years in the county where such property is situated.
In any condemnation proceeding commenced by an electrical corporation, if the jury determines that the amount awarded is greater than the offer made by the condemning authority, the court may award attorney's fees to the property owner.
This act is similar to the truly agreed SS/HCS/HB 2005 (2022), HCS/HB 1876 (2022) and provisions in the truly agreed CCS/HCS/SB 820 (2022).