1

Senator Saunders moved the following amendment:

2

3

     Senate Amendment (with directory and title amendments)

4

     Delete line(s) 1205-1256

5

and insert:

6

(14)(a) If a public utility, regional transmission

7

organization, or natural gas company presents competent and

8

substantial evidence that its use of nonsovereignty state-owned

9

lands is reasonable based upon a consideration of economic and

10

environmental factors, including an assessment of practicable

11

alternative alignments and assurance that the lands will remain

12

in their predominantly natural condition, the public utility,

13

regional transmission organization, or natural gas company may be

14

granted fee simple title, easements, or other interests in

15

nonsovereignty state-owned lands title to which is vested in the

16

board of trustees, a water management district, or any other

17

agency in the state for:

18

1. Electric transmission and distribution lines;

19

2. Natural gas pipelines; or

20

3. Other linear facilities for which the Public Service

21

Commission has determined a need exists or the Federal Energy

22

Regulatory Commission has issued a Certificate of Public

23

Convenience and Necessity.

24

(b) In exchange for less than a fee simple interest acquired

25

pursuant to this subsection, the grantee shall pay an amount

26

equal to the fair market value of the interest acquired. In

27

addition, for the initial grant of such interests only, the

28

grantee shall also vest in the grantor a fee simple interest to

29

other available land that is 1.5 times the size of the land

30

acquired by the grantee. The grantor shall approve the property

31

with a less than fee simple interest on its behalf based on the

32

geographic location in relation to the land relinquished by the

33

grantor agency and a determination that the economic, ecological,

34

and recreational value is at least equivalent to that of the

35

property transferred to the public utility, regional transmission

36

organization, or natural gas company.

37

(c) In exchange for a fee simple interest acquired pursuant

38

to this subsection, the grantee shall pay an amount equal to the

39

fair market value of the interest acquired. In addition, for the

40

initial grant of such interests only, the grantee shall also vest

41

in the grantor a fee simple title to other available land that is

42

2 times the size of the land acquired by the grantee. The grantor

43

shall approve the land to be acquired on its behalf based on a

44

determination that the economic and ecological or recreational

45

value is at least equivalent to that of the property transferred

46

to the public utility, regional transmission organization, or

47

natural gas company.

48

(d) As an alternative to the consideration provided for in

49

paragraphs (b) and (c) above, the grantee may, subject to the

50

grantor's approval, pay the fair market value of the state-owned

51

land plus one-half of the cost differential between the cost of

52

constructing the facility on state-owned land and the cost of

53

avoiding state-owned lands, up to a maximum of twice the fair

54

market value of the land acquired by the grantee. The grantor may

55

use these moneys to acquire fee simple or less than fee simple

56

interest in other available land.

57

4/15/2008  8:12:00 PM     EP.37.07745