Bill Text: IA HF368 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to specified utility construction project requirements, and including effective date and applicability provisions.(See HF 565.)
Spectrum: Partisan Bill (Republican 22-0)
Status: (Introduced - Dead) 2023-03-22 - Withdrawn. H.J. 725. [HF368 Detail]
Download: Iowa-2023-HF368-Introduced.html
House
File
368
-
Introduced
HOUSE
FILE
368
BY
HOLT
,
P.
THOMPSON
,
SHIPLEY
,
HARRIS
,
STONE
,
JENEARY
,
FISHER
,
GRASSLEY
,
KAUFMANN
,
STOLTENBERG
,
HAYES
,
OSMUNDSON
,
WHEELER
,
BRADLEY
,
DIEKEN
,
HORA
,
FRY
,
GOLDING
,
SEXTON
,
WULF
,
THOMSON
,
and
HENDERSON
A
BILL
FOR
An
Act
relating
to
specified
utility
construction
project
1
requirements,
and
including
effective
date
and
applicability
2
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
479A.11,
Code
2023,
is
amended
to
read
1
as
follows:
2
479A.11
Damages.
3
1.
A
pipeline
company
operating
pipelines
or
underground
4
storage
shall
be
given
reasonable
access
to
the
pipelines
and
5
storage
areas
for
the
purpose
of
constructing,
operating,
6
maintaining,
or
locating
their
pipes,
pumps,
pressure
7
apparatus,
or
other
stations,
wells,
devices,
or
equipment
used
8
in
or
upon
a
pipeline
or
storage
area,
but
shall
pay
the
owner
9
of
the
lands
for
the
right
of
entry
and
the
owner
of
crops
on
10
the
land
all
damages
caused
by
entering,
using,
or
occupying
11
the
lands
for
these
purposes;
and
shall
pay
to
the
owner
of
the
12
lands,
after
the
completion
of
construction
of
the
pipeline
or
13
storage,
all
damages
caused
by
settling
of
the
soil
along
and
14
above
the
pipeline,
and
wash
or
erosion
of
the
soil
along
the
15
pipeline
due
to
the
construction
of
the
pipeline.
However,
16
this
section
does
not
prevent
the
execution
of
an
agreement
17
with
other
terms
between
the
pipeline
company
and
the
owner
of
18
the
land
or
crops
with
reference
to
their
use.
19
2.
A
claim
for
crop
yield
loss
damages
pursuant
to
this
20
section
shall
not
be
precluded
from
renegotiation
under
section
21
6B.52
on
the
grounds
that
the
damages
were
apparent
at
the
time
22
of
settlement.
23
Sec.
2.
Section
479B.4,
Code
2023,
is
amended
by
adding
the
24
following
new
subsection:
25
NEW
SUBSECTION
.
7.
The
board
shall
not
issue
a
permit,
or
26
conduct
a
contested
case
proceeding
relating
to
the
issuance
27
of
a
permit,
for
a
liquefied
carbon
dioxide
pipeline
until
the
28
federal
pipeline
and
hazardous
materials
safety
administration
29
provides
new
rules
updating
the
safety
standards
for
liquefied
30
carbon
dioxide
pipelines,
including
requirements
related
to
31
emergency
preparedness
and
response.
32
Sec.
3.
Section
479B.9,
Code
2023,
is
amended
to
read
as
33
follows:
34
479B.9
Final
order
——
condition.
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The
board
may
grant
a
permit
in
whole
or
in
part
upon
1
terms,
conditions,
and
restrictions
as
to
location
and
route
2
as
it
determines
to
be
just
and
proper.
A
permit
shall
not
be
3
granted
to
a
pipeline
company
unless
the
board
determines
that
4
the
proposed
services
will
promote
the
public
convenience
and
5
necessity.
The
board
shall
not
grant
a
permit
to
construct
6
a
liquefied
carbon
dioxide
pipeline
unless
such
a
permit
is
7
expressly
conditioned
upon
the
pipeline
company
obtaining
8
all
other
applicable
permits,
including
federal
and
state
9
regulatory
permits,
state
and
local
highway
and
road
crossing
10
permits,
and
local
zoning
permits.
11
Sec.
4.
Section
479B.16,
subsection
1,
Code
2023,
is
amended
12
to
read
as
follows:
13
1.
A
pipeline
company
granted
a
pipeline
permit
shall
,
14
subject
to
subsections
4
and
5,
be
vested
with
the
right
of
15
eminent
domain,
to
the
extent
necessary
and
as
prescribed
and
16
approved
by
the
board,
not
exceeding
seventy-five
feet
in
17
width
for
right-of-way
and
not
exceeding
one
acre
in
any
one
18
location
in
addition
to
right-of-way
for
the
location
of
pumps,
19
pressure
apparatus,
or
other
stations
or
equipment
necessary
20
to
the
proper
operation
of
its
pipeline.
The
board
may
grant
21
additional
eminent
domain
rights
where
the
pipeline
company
22
has
presented
sufficient
evidence
to
adequately
demonstrate
23
that
a
greater
area
is
required
for
the
proper
construction,
24
operation,
and
maintenance
of
the
pipeline
or
for
the
location
25
of
pumps,
pressure
apparatus,
or
other
stations
or
equipment
26
necessary
to
the
proper
operation
of
its
pipeline.
27
Sec.
5.
Section
479B.16,
Code
2023,
is
amended
by
adding
the
28
following
new
subsections:
29
NEW
SUBSECTION
.
4.
The
board
shall
not
grant
a
liquefied
30
carbon
dioxide
pipeline
company
the
right
of
eminent
domain
31
under
this
chapter
for
an
interstate
hazardous
liquid
pipeline
32
project
unless
the
company
acquires
at
least
ninety
percent
of
33
the
affected
route
miles
through
voluntary
easements
or
through
34
preexisting
easements.
The
company
shall
submit
regular
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reports
on
its
progress
in
acquiring
voluntary
easements
as
1
determined
by
the
board.
2
NEW
SUBSECTION
.
5.
The
board
shall
not
grant
a
liquefied
3
carbon
dioxide
pipeline
company
the
right
of
eminent
domain
4
under
this
chapter
for
an
interstate
hazardous
liquid
pipeline
5
project
unless
the
company
first
acquires
all
applicable
6
pipeline
construction
and
zoning
permits
from
the
other
states
7
the
project
will
be
constructed
in.
8
Sec.
6.
Section
479B.20,
subsection
5,
Code
2023,
is
amended
9
to
read
as
follows:
10
5.
If
the
pipeline
company
or
its
contractor
does
not
11
comply
with
the
requirements
of
this
section
,
with
the
land
12
restoration
plan
or
line
location,
or
with
an
independent
13
agreement
on
land
restoration
executed
in
accordance
with
14
subsection
10
,
the
county
board
of
supervisors
may
petition
the
15
board
for
an
order
requiring
corrective
action
to
be
taken.
In
16
addition,
the
county
board
of
supervisors
or
a
landowner
may
17
file
a
complaint
with
the
board
seeking
imposition
of
civil
18
penalties
under
section
479B.21
.
A
landowner
may
supply
a
copy
19
of
the
complaint
to
the
county
board
of
supervisors
where
the
20
complaint
originated.
21
Sec.
7.
Section
479B.20,
Code
2023,
is
amended
by
adding
the
22
following
new
subsection:
23
NEW
SUBSECTION
.
13.
For
the
purposes
of
this
section,
24
“landowner”
also
includes
a
farm
tenant.
25
Sec.
8.
Section
479B.29,
Code
2023,
is
amended
to
read
as
26
follows:
27
479B.29
Particular
damage
claims.
28
1.
Compensable
losses
shall
include
,
but
are
not
limited
to
,
29
all
of
the
following:
30
a.
Loss
or
reduced
yield
of
crops
or
forage
on
the
pipeline
31
right-of-way,
whether
caused
directly
by
construction
or
from
32
disturbance
of
usual
farm
operations.
33
b.
Loss
or
reduced
yield
of
crops
or
yield
from
land
near
34
the
pipeline
right-of-way
resulting
from
lack
of
timely
access
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to
the
land
or
other
disturbance
of
usual
farm
operations,
1
including
interference
with
irrigation
or
drainage
.
2
c.
Fertilizer,
lime,
or
organic
material
applied
by
the
3
landowner
to
restore
land
disturbed
by
construction
to
full
4
productivity.
5
d.
Loss
of
or
damage
to
trees
of
commercial
or
other
value
6
that
occurs
at
the
time
of
construction,
restoration,
or
at
the
7
time
of
any
subsequent
work
by
the
pipeline
company.
8
e.
The
cost
of
or
losses
in
moving
or
relocating
livestock,
9
and
the
loss
of
gain
by
or
the
death
or
injury
of
livestock
10
caused
by
the
interruption
or
relocation
of
normal
feeding.
11
f.
Erosion
and
soil
compaction
on
lands
attributable
to
12
pipeline
construction.
13
g.
Damage
to
farm
equipment
caused
by
striking
a
pipeline,
14
debris,
or
other
material
reasonably
associated
with
pipeline
15
construction
while
engaged
in
normal
farming
operations
as
16
defined
in
section
480.1
.
17
h.
Damage
to
soil
or
water
conservation
structures
caused
18
by
construction,
restoration,
or
subsequent
work
by
the
19
pipeline
company
including
but
not
limited
to
terraces,
grassed
20
waterways,
water
and
sediment
control
basins,
ponds,
saturated
21
buffers,
and
biofilters.
22
i.
Damage
to
irrigation
or
drainage
systems
caused
by
23
construction,
restoration,
or
subsequent
work
by
the
pipeline
24
company.
25
2.
A
claim
for
damage
for
future
crop
deficiency
within
26
the
easement
strip
damages
incurred
under
this
section
shall
27
not
be
precluded
from
renegotiation
under
section
6B.52
on
28
the
grounds
that
it
was
apparent
at
the
time
of
settlement
29
unless
the
settlement
expressly
releases
the
pipeline
company
30
from
claims
for
damage
to
the
productivity
of
the
soil
.
The
31
landowner
shall
notify
the
pipeline
company
in
writing
fourteen
32
days
prior
to
harvest
in
each
year
to
assess
crop
deficiency.
33
3.
For
the
purposes
of
this
section,
“landowner”
also
34
includes
a
farm
tenant.
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4.
A
landowner
that
incurred
damage
under
this
section
is
1
eligible
for
compensation
for
damages.
A
landowner
may
file
an
2
action
for
relief
against
a
pipeline
company
in
small
claims
3
or
district
court
for
a
violation
of
this
section
or
pursue
4
remedies
under
section
479B.30,
subsection
7.
5
Sec.
9.
Section
479B.30,
subsection
7,
Code
2023,
is
amended
6
to
read
as
follows:
7
7.
As
used
in
this
section
,
“damages”
means
compensation
for
8
damages
to
the
land,
crops,
and
other
personal
property
caused
9
by
the
construction
of
a
pipeline
and
its
attendant
structures
10
or
underground
storage
facility
,
or
a
compensable
loss
as
11
defined
in
section
479B.29,
subsection
1,
but
does
not
include
12
compensation
for
a
property
interest,
and
“landowner”
includes
13
a
farm
tenant.
14
Sec.
10.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
15
immediate
importance,
takes
effect
upon
enactment.
16
Sec.
11.
APPLICABILITY.
This
Act
applies
to
all
17
applications
for
a
permit
to
construct
a
pipeline
pursuant
to
18
chapter
479B
filed
with
the
Iowa
utilities
board
on
or
after
19
July
1,
2021,
and
to
permits
issued
on
or
after
the
effective
20
date
of
this
Act.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
This
bill
relates
to
easement
requirements
for
utilities
and
25
landowner
rights
regarding
pipeline
construction.
26
The
bill
provides
that
the
Iowa
utilities
board
(board)
27
shall
not
issue
a
permit
for
a
liquefied
carbon
dioxide
28
pipeline
until
the
federal
pipeline
and
hazardous
materials
29
safety
administration
provides
new
rules
updating
the
safety
30
standards
for
liquefied
carbon
dioxide
pipelines.
The
bill
31
also
provides
that
the
board
shall
not
grant
a
permit
to
32
construct
a
liquefied
carbon
dioxide
pipeline
unless
the
permit
33
is
conditioned
upon
the
pipeline
company
obtaining
all
other
34
applicable
permits,
including
federal
and
state
regulatory
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368
permits,
state
and
local
highway
and
road
crossing
permits,
and
1
local
zoning
permits.
2
The
bill
requires
a
liquefied
carbon
dioxide
pipeline
3
company
seeking
to
use
eminent
domain
to
first
acquire
at
4
least
90
percent
of
the
affected
route
miles
through
voluntary
5
easements
or
through
preexisting
easements.
The
bill
prohibits
6
the
board
from
granting
a
liquefied
carbon
dioxide
pipeline
7
company
the
right
of
eminent
domain
for
an
interstate
hazardous
8
liquid
pipeline
project
unless
the
company
first
acquires
all
9
applicable
pipeline
construction
and
zoning
permits
from
the
10
other
states
the
project
will
be
constructed
in.
The
company
11
shall
submit
regular
progress
reports
regarding
easement
12
acquisition
as
determined
by
the
board
within
the
utilities
13
division
of
the
department
of
commerce.
14
The
bill
allows
a
landowner
to
file
a
complaint
with
the
15
board
and
to
notify
the
relevant
county
board
of
supervisors
of
16
a
violation
of
land
restoration
standards.
The
bill
expands
17
the
meaning
of
“landowner”
under
Code
section
479B.20
to
18
include
a
farm
tenant.
19
The
bill
expands
damages
that
constitute
compensable
20
loss
under
Code
section
479B.29
to
include
soil
compaction,
21
damage
to
soil
or
water
conservation
structures,
and
damage
22
to
irrigation
or
drainage
systems,
and
adds
“farm
tenant”
to
23
the
definition
of
landowner.
The
bill
expands
the
claims
a
24
landowner
can
bring
and
receive
compensation
for
to
include
any
25
identifiable
compensable
loss
resulting
from
pipeline
activity.
26
A
landowner
may
file
an
action
for
relief
in
small
claims
or
27
district
court
against
a
pipeline
company
for
a
violation
of
28
Code
section
479B.29.
29
The
bill
modifies
the
definition
of
damages
for
purposes
30
of
construction
damages
under
Code
section
479B.30
to
include
31
compensable
losses
listed
under
Code
section
479B.29.
32
The
bill
takes
effect
upon
enactment.
33
The
bill
applies
retroactively
to
all
applications
for
a
34
permit
to
construct
a
pipeline
pursuant
to
Code
chapter
479B
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