Bill Text: IA HF2320 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to certain actions of utility companies and the Iowa utilities board and including applicability provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-02-10 - Introduced, referred to State Government. H.J. 217. [HF2320 Detail]
Download: Iowa-2021-HF2320-Introduced.html
House
File
2320
-
Introduced
HOUSE
FILE
2320
BY
JENEARY
A
BILL
FOR
An
Act
relating
to
certain
actions
of
utility
companies
and
the
1
Iowa
utilities
board
and
including
applicability
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
6A.21,
subsection
2,
Code
2022,
is
1
amended
to
read
as
follows:
2
2.
The
limitation
on
the
definition
of
public
use,
3
public
purpose,
or
public
improvement
does
not
apply
to
the
4
establishment,
relocation,
or
improvement
of
a
road
pursuant
5
to
chapter
306
,
or
to
the
establishment
of
a
railway
under
the
6
supervision
of
the
department
of
transportation
as
provided
7
in
section
327C.2
,
or
to
an
airport
as
defined
in
section
8
328.1
,
or
to
land
acquired
in
order
to
replace
or
mitigate
land
9
used
in
a
road
project
when
federal
law
requires
replacement
10
or
mitigation
,
or
a
project
undertaken
by
a
public
utility
11
as
defined
in
section
476.1,
subsection
3
.
This
limitation
12
also
does
not
apply
to
utilities,
persons,
companies,
or
13
corporations
under
the
jurisdiction
of
the
Iowa
utilities
14
board
in
the
department
of
commerce
or
to
any
other
utility
15
conferred
the
right
by
statute
to
condemn
private
property
or
16
to
otherwise
exercise
the
power
of
eminent
domain,
except
to
17
the
extent
such
purpose
includes
construction
of
aboveground
18
merchant
lines.
19
Sec.
2.
Section
6A.22,
subsection
2,
paragraph
a,
20
subparagraph
(2),
Code
2022,
is
amended
to
read
as
follows:
21
(2)
The
acquisition
of
any
interest
in
property
necessary
to
22
the
function
of
a
public
or
private
utility
to
the
extent
such
23
purpose
does
not
include
construction
of
aboveground
merchant
24
lines,
or
necessary
to
the
function
of
a
common
carrier
or
an
25
airport
or
airport
system.
26
Sec.
3.
Section
479B.2,
Code
2022,
is
amended
by
adding
the
27
following
new
subsection:
28
NEW
SUBSECTION
.
4A.
“Public
convenience
and
necessity”
29
means
that
the
services
to
be
provided
by
the
pipeline
are
30
necessary
to
assure
an
economical
and
reliable
supply
of
the
31
hazardous
liquid
and
that
those
services
benefit
members
of
32
the
general
public
who
will
be
served
by
the
product
being
33
transported
in
the
pipeline.
34
Sec.
4.
APPLICABILITY.
The
following
apply
to
projects
or
35
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condemnation
proceedings
commenced
on
or
after
July
1,
2022:
1
1.
The
section
of
this
Act
amending
section
6A.21,
2
subsection
2.
3
2.
The
section
of
this
Act
amending
section
6A.22,
4
subsection
2,
paragraph
“a”,
subparagraph
(2).
5
Sec.
5.
APPLICABILITY.
The
following
applies
to
permit
6
petitions
filed
under
chapter
479B
on
or
after
July
1,
2022:
7
The
section
of
this
Act
amending
section
479B.2.
8
EXPLANATION
9
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
10
the
explanation’s
substance
by
the
members
of
the
general
assembly.
11
This
bill
relates
to
certain
actions
of
utility
companies
12
and
the
Iowa
utilities
board.
13
Generally,
under
Code
chapter
6A,
the
authority
of
an
14
acquiring
agency
to
condemn
any
private
property
through
15
eminent
domain
may
only
be
exercised
for
a
public
purpose,
16
public
use,
or
public
improvement.
However,
Code
section
17
6A.21
provides
that
“public
use”
or
“public
purpose”
or
18
“public
improvement”
does
not
include
the
authority
to
19
condemn
agricultural
land
for
private
development
purposes
20
unless
the
owner
of
the
agricultural
land
consents
to
the
21
condemnation.
Under
current
law,
this
limitation
on
the
22
definition
of
“public
use”
or
“public
purpose”
or
“public
23
improvement”
does
not
apply
to
utilities,
persons,
companies,
24
or
corporations
under
the
jurisdiction
of
the
Iowa
utilities
25
board
or
to
any
other
utility
conferred
the
right
by
statute
26
to
condemn
private
property
or
to
otherwise
exercise
the
power
27
of
eminent
domain,
except
to
the
extent
such
purpose
includes
28
construction
of
aboveground
merchant
lines.
The
bill
strikes
29
this
exclusion
relating
to
utilities
and
persons
or
entities
30
under
the
jurisdiction
of
the
Iowa
utilities
board
and
instead
31
provides
that
the
limitation
on
the
definition
of
“public
32
use”
or
“public
purpose”
or
“public
improvement”
relating
33
to
the
prohibition
against
condemnation
of
agricultural
34
property
does
not
apply
to
a
project
undertaken
by
a
public
35
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utility,
as
defined
in
Code
section
476.1.
The
prohibition
1
on
the
condemnation
of
agricultural
land
for
the
construction
2
of
aboveground
merchant
lines
remains
by
operation
of
the
3
definition
of
“private
development
purposes”
in
Code
section
4
6A.21.
5
The
bill
also
amends
the
portion
of
the
definition
of
“public
6
use”,
“public
purpose”,
or
“public
improvement”
under
Code
7
section
6A.22
to
exclude
the
acquisition
of
any
interest
in
8
property
necessary
to
the
function
of
a
private
utility
or
a
9
common
carrier.
10
The
bill
adds
a
definition
of
“public
convenience
and
11
necessity”
to
Code
chapter
479B,
which
governs
the
granting
of
12
permits
for
a
pipeline
company
doing
business
in
this
state
13
to
construct,
maintain,
and
operate
a
pipeline.
Under
Code
14
section
479B.9,
the
Iowa
utilities
board
shall
not
grant
a
15
permit
unless
the
board
determines
that
the
proposed
services
16
will
promote
the
public
convenience
and
necessity.
17
The
bill
includes
applicability
provisions.
18
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