Bill Text: IA HF432 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act requiring an environmental impact assessment under specified circumstances prior to the granting of a permit to construct, maintain, or operate a hazardous liquid pipeline, and including effective date provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-02-19 - Introduced, referred to Commerce. H.J. 310. [HF432 Detail]
Download: Iowa-2019-HF432-Introduced.html
House
File
432
-
Introduced
HOUSE
FILE
432
BY
ISENHART
A
BILL
FOR
An
Act
requiring
an
environmental
impact
assessment
under
1
specified
circumstances
prior
to
the
granting
of
a
permit
to
2
construct,
maintain,
or
operate
a
hazardous
liquid
pipeline,
3
and
including
effective
date
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
479B.9,
Code
2019,
is
amended
to
read
as
1
follows:
2
479B.9
Final
order
——
condition
conditions
.
3
1.
The
board
may
grant
a
permit
in
whole
or
in
part
upon
4
terms,
conditions,
and
restrictions
as
to
location
and
route
,
5
and
upon
terms,
conditions,
and
restrictions
based
on
the
6
results
of
the
environmental
impact
assessment
if
required
7
pursuant
to
section
479B.9A,
as
it
determines
to
be
just
and
8
proper.
9
2.
A
permit
shall
not
be
granted
to
a
pipeline
company
10
unless
the
board
determines
that
the
proposed
services
will
11
promote
the
public
convenience
and
necessity
and
unless
the
12
environmental
impact
assessment
conducted
pursuant
to
section
13
479B.9A,
if
required,
estimates
that
the
environmental
impact
14
resulting
from
constructing,
maintaining,
and
operating
the
15
pipeline
will
be
minimal
.
16
Sec.
2.
NEW
SECTION
.
479B.9A
Environmental
impact
17
assessment
——
when
required
——
preparation.
18
1.
An
assessment
of
the
environmental
impact
estimated
to
19
result
from
the
construction,
maintenance,
and
operation
of
a
20
pipeline
shall
be
conducted
as
provided
in
subsection
2.
The
21
assessment
shall
be
conducted
by
a
third
party
contracted
with
22
by
the
applicant
and
submitted
to
the
board
for
approval
prior
23
to
the
assessment
taking
place.
24
2.
An
environmental
impact
assessment
shall
be
required
25
as
provided
in
this
subsection
for
permits
for
a
pipeline
to
26
be
constructed
on
or
after
the
effective
date
of
this
Act.
27
An
assessment
shall
be
required
if
requested
by
the
board
28
upon
review
of
the
petition
submitted
pursuant
to
section
29
479B.5,
or
if
the
board
receives
a
request
for
an
assessment
30
from
any
combination
of
three
or
more
counties
or
soil
and
31
water
conservation
districts
through
which
the
pipeline
is
32
proposed
to
pass,
which
may
include
one
or
more
counties
or
33
districts
through
which
the
pipeline
is
not
proposed
to
pass
34
but
which
are
part
of
a
watershed
management
authority
with
a
35
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county
or
district
through
which
the
pipeline
is
proposed
to
1
pass.
Requests
from
a
county
and
a
soil
and
water
conservation
2
district
that
share
geographical
jurisdiction
shall
be
3
considered
one
request.
4
Sec.
3.
Section
479B.10,
Code
2019,
is
amended
to
read
as
5
follows:
6
479B.10
Costs
and
fees.
7
The
applicant
shall
pay
all
costs
of
the
informational
8
meetings,
environmental
impact
assessment,
hearing,
and
9
necessary
preliminary
investigation
,
including
the
cost
10
of
publishing
notice
of
hearing,
and
shall
pay
the
actual
11
unrecovered
costs
directly
attributable
to
inspections
12
conducted
by
the
board.
13
Sec.
4.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
14
immediate
importance,
takes
effect
upon
enactment.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
This
bill
requires
an
environmental
impact
assessment
under
19
specified
circumstances
prior
to
the
granting
of
a
permit
to
20
construct,
maintain,
or
operate
a
hazardous
liquid
pipeline.
21
Currently,
Code
chapter
479B
provides
that
the
Iowa
22
utilities
board
may
grant
a
permit
to
construct,
maintain,
and
23
operate
a
hazardous
liquid
pipeline
in
whole
or
in
part
upon
24
terms,
conditions,
and
restrictions
as
to
location
and
route
25
as
the
board
determines
to
be
just
and
proper.
The
bill
adds
26
that
the
utilities
board
may,
when
issuing
a
permit,
impose
27
terms,
conditions,
and
restrictions
based
on
the
results
of
an
28
environmental
impact
assessment
if
an
assessment
is
required
29
to
be
conducted.
The
bill
provides
that,
in
addition
to
other
30
factors,
a
permit
shall
not
be
granted
to
a
pipeline
company
31
unless
the
environmental
impact
assessment,
if
required,
32
estimates
that
the
environmental
impact
resulting
from
33
constructing,
maintaining,
and
operating
the
pipeline
will
be
34
minimal.
35
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The
bill
provides
that
an
environmental
impact
assessment
1
shall
be
required
under
specified
circumstances
for
permits
for
2
a
pipeline
to
be
constructed
on
or
after
the
effective
date
3
of
the
bill.
The
bill
provides
that
an
assessment
shall
be
4
required
if
requested
by
the
board
upon
review
of
the
petition
5
for
a
permit
submitted
by
an
applicant
or
if
the
board
receives
6
a
request
for
an
assessment
from
any
combination
of
three
or
7
more
counties
or
soil
and
water
conservation
districts
through
8
which
the
pipeline
is
proposed
to
pass,
which
may
include
9
one
or
more
counties
or
districts
through
which
the
pipeline
10
is
not
proposed
to
pass
but
which
are
part
of
a
watershed
11
management
authority
within
a
county
or
district
through
which
12
the
pipeline
is
proposed
to
pass.
Requests
from
a
county
and
a
13
soil
and
water
conservation
district
that
share
geographical
14
jurisdiction
shall
be
considered
one
request.
15
The
bill
provides
that
an
assessment
shall
be
conducted
by
a
16
third
party
contracted
with
by
the
applicant
and
submitted
to
17
the
board
for
approval
prior
to
the
assessment
taking
place,
18
and
that
the
applicant
shall
pay
all
costs
of
the
assessment.
19
The
bill
takes
effect
upon
enactment.
20
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