The bill amends the existing law regarding eminent domain by restricting the right of condemnation for electric generation collector systems to only public utilities that have been granted a certificate of public convenience and necessity. Specifically, it removes the ability of entities that are not public utilities to exercise condemnation authority for the erection, placement, or expansion of collector systems associated with commercial electricity generation. The previous provisions that allowed for a broader interpretation of condemnation authority, particularly for wind energy, have been deleted.

Additionally, the bill introduces new language that clarifies that a commercial facility generating electricity cannot use an existing easement to place additional collector systems unless it is specified in the existing easement or if the infrastructure is already in place. The act will apply to eminent domain actions initiated on or after its effective date, which is set for July 1, 2024.

Statutes affected:
Introduced: 1-26-815