Bill Text: IA HF565 | 2023-2024 | 90th General Assembly | Amended
Bill Title: A bill for an act relating to specified utility construction project requirements, establishing an interim study committee, and including effective date and applicability provisions. (Formerly HF 368.)
Spectrum: Committee Bill
Status: (Engrossed) 2023-03-28 - Subcommittee: Bousselot, Bisignano, and Dawson. S.J. 707. [HF565 Detail]
Download: Iowa-2023-HF565-Amended.html
House
File
565
-
Reprinted
HOUSE
FILE
565
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HF
368)
(As
Amended
and
Passed
by
the
House
March
22,
2023
)
A
BILL
FOR
An
Act
relating
to
specified
utility
construction
project
1
requirements,
establishing
an
interim
study
committee,
and
2
including
effective
date
and
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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DIVISION
I
1
PIPELINE
PROJECTS
2
Section
1.
Section
479.25,
Code
2023,
is
amended
to
read
as
3
follows:
4
479.25
Damages.
5
1.
A
pipeline
company
operating
a
pipeline
or
a
gas
6
storage
area
shall
have
reasonable
access
to
the
pipeline
or
7
gas
storage
area
for
the
purpose
of
constructing,
operating,
8
maintaining,
or
locating
pipes,
pumps,
pressure
apparatus
or
9
other
stations,
wells,
devices,
or
equipment
used
in
or
upon
10
the
pipeline
or
gas
storage
area;
shall
pay
the
owner
of
the
11
land
for
the
right
of
entry
and
the
owner
of
crops
for
all
12
damages
caused
by
entering,
using,
or
occupying
the
land;
and
13
shall
pay
to
the
owner
all
damages
caused
by
the
completion
14
of
construction
of
the
pipeline
due
to
wash
or
erosion
of
the
15
soil
at
or
along
the
location
of
the
pipeline
and
due
to
the
16
settling
of
the
soil
along
and
above
the
pipeline.
However,
17
this
section
shall
not
prevent
the
execution
of
an
agreement
18
between
the
pipeline
company
and
the
owner
of
land
or
crops
19
with
reference
to
the
use
of
the
land.
20
2.
A
claim
for
crop
yield
loss
damages
pursuant
to
this
21
section
shall
not
be
precluded
from
renegotiation
under
section
22
6B.52
on
the
grounds
that
the
damages
were
apparent
at
the
time
23
of
settlement
or
on
the
grounds
that
more
than
five
years
have
24
elapsed
since
the
date
of
the
settlement.
25
Sec.
2.
Section
479A.11,
Code
2023,
is
amended
to
read
as
26
follows:
27
479A.11
Damages.
28
1.
A
pipeline
company
operating
pipelines
or
underground
29
storage
shall
be
given
reasonable
access
to
the
pipelines
and
30
storage
areas
for
the
purpose
of
constructing,
operating,
31
maintaining,
or
locating
their
pipes,
pumps,
pressure
32
apparatus,
or
other
stations,
wells,
devices,
or
equipment
used
33
in
or
upon
a
pipeline
or
storage
area,
but
shall
pay
the
owner
34
of
the
lands
for
the
right
of
entry
and
the
owner
of
crops
on
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the
land
all
damages
caused
by
entering,
using,
or
occupying
1
the
lands
for
these
purposes;
and
shall
pay
to
the
owner
of
the
2
lands,
after
the
completion
of
construction
of
the
pipeline
or
3
storage,
all
damages
caused
by
settling
of
the
soil
along
and
4
above
the
pipeline,
and
wash
or
erosion
of
the
soil
along
the
5
pipeline
due
to
the
construction
of
the
pipeline.
However,
6
this
section
does
not
prevent
the
execution
of
an
agreement
7
with
other
terms
between
the
pipeline
company
and
the
owner
of
8
the
land
or
crops
with
reference
to
their
use.
9
2.
A
claim
for
crop
yield
loss
damages
pursuant
to
this
10
section
shall
not
be
precluded
from
renegotiation
under
section
11
6B.52
on
the
grounds
that
the
damages
were
apparent
at
the
time
12
of
settlement
or
on
the
grounds
that
more
than
five
years
have
13
elapsed
since
the
date
of
the
settlement.
14
Sec.
3.
Section
479B.16,
subsection
1,
Code
2023,
is
amended
15
to
read
as
follows:
16
1.
A
pipeline
company
granted
a
pipeline
permit
shall
,
17
subject
to
subsection
4,
be
vested
with
the
right
of
eminent
18
domain,
to
the
extent
necessary
and
as
prescribed
and
approved
19
by
the
board,
not
exceeding
seventy-five
feet
in
width
for
20
right-of-way
and
not
exceeding
one
acre
in
any
one
location
in
21
addition
to
right-of-way
for
the
location
of
pumps,
pressure
22
apparatus,
or
other
stations
or
equipment
necessary
to
23
the
proper
operation
of
its
pipeline.
The
board
may
grant
24
additional
eminent
domain
rights
where
the
pipeline
company
25
has
presented
sufficient
evidence
to
adequately
demonstrate
26
that
a
greater
area
is
required
for
the
proper
construction,
27
operation,
and
maintenance
of
the
pipeline
or
for
the
location
28
of
pumps,
pressure
apparatus,
or
other
stations
or
equipment
29
necessary
to
the
proper
operation
of
its
pipeline.
30
Sec.
4.
Section
479B.16,
Code
2023,
is
amended
by
adding
the
31
following
new
subsection:
32
NEW
SUBSECTION
.
4.
The
board
shall
not
grant
a
liquefied
33
carbon
dioxide
pipeline
company
the
right
of
eminent
domain
34
under
this
chapter
for
an
interstate
hazardous
liquid
pipeline
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project
unless
the
company
acquires
at
least
ninety
percent
of
1
the
affected
route
miles
through
voluntary
easements
or
through
2
preexisting
easements.
The
company
shall
submit
regular
3
reports
on
its
progress
in
acquiring
voluntary
easements
as
4
determined
by
the
board.
5
Sec.
5.
Section
479B.20,
subsection
5,
Code
2023,
is
amended
6
to
read
as
follows:
7
5.
If
the
pipeline
company
or
its
contractor
does
not
8
comply
with
the
requirements
of
this
section
,
with
the
land
9
restoration
plan
or
line
location,
or
with
an
independent
10
agreement
on
land
restoration
executed
in
accordance
with
11
subsection
10
,
the
county
board
of
supervisors
or
a
landowner
12
may
petition
the
board
for
an
order
requiring
corrective
action
13
to
be
taken.
In
addition,
the
county
board
of
supervisors
14
or
a
landowner
may
file
a
complaint
with
the
board
seeking
15
imposition
of
civil
penalties
under
section
479B.21
.
A
16
landowner
may
supply
a
copy
of
the
complaint
to
the
county
17
board
of
supervisors
where
the
complaint
originated.
18
Sec.
6.
Section
479B.29,
Code
2023,
is
amended
to
read
as
19
follows:
20
479B.29
Particular
damage
claims.
21
1.
Compensable
losses
shall
include
,
but
are
not
limited
to
,
22
all
of
the
following:
23
a.
Loss
or
reduced
yield
of
crops
or
forage
on
the
pipeline
24
right-of-way,
whether
caused
directly
by
construction
or
from
25
disturbance
of
usual
farm
operations.
26
b.
Loss
or
reduced
yield
of
crops
or
yield
from
land
near
27
the
pipeline
right-of-way
resulting
from
lack
of
timely
access
28
to
the
land
or
other
disturbance
of
usual
farm
operations,
29
including
interference
with
irrigation
or
drainage
.
30
c.
Fertilizer,
lime,
or
organic
material
applied
by
the
31
landowner
to
restore
land
disturbed
by
construction
to
full
32
productivity.
33
d.
Loss
of
or
damage
to
trees
of
commercial
or
other
value
34
that
occurs
at
the
time
of
construction,
restoration,
or
at
the
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time
of
any
subsequent
work
by
the
pipeline
company.
1
e.
The
cost
of
or
losses
in
moving
or
relocating
livestock,
2
and
the
loss
of
gain
by
or
the
death
or
injury
of
livestock
3
caused
by
the
interruption
or
relocation
of
normal
feeding.
4
f.
Erosion
and
soil
compaction
on
lands
attributable
to
5
pipeline
construction.
6
g.
Damage
to
farm
equipment
caused
by
striking
a
pipeline,
7
debris,
or
other
material
reasonably
associated
with
pipeline
8
construction
while
engaged
in
normal
farming
operations
as
9
defined
in
section
480.1
.
10
h.
Damage
to
soil
or
water
conservation
structures
caused
11
by
construction,
restoration,
or
subsequent
work
by
the
12
pipeline
company
including
but
not
limited
to
terraces,
grassed
13
waterways,
water
and
sediment
control
basins,
ponds,
saturated
14
buffers,
and
biofilters.
15
i.
Damage
to
irrigation
or
drainage
systems
caused
by
16
construction,
restoration,
or
subsequent
work
by
the
pipeline
17
company.
18
2.
A
claim
for
damage
for
future
crop
deficiency
within
19
the
easement
strip
damages
incurred
under
this
section
shall
20
not
be
precluded
from
renegotiation
under
section
6B.52
on
the
21
grounds
that
it
was
apparent
at
the
time
of
settlement
unless
22
the
settlement
expressly
releases
the
pipeline
company
from
23
claims
for
damage
to
the
productivity
of
the
soil
or
on
the
24
grounds
that
more
than
five
years
have
elapsed
since
the
date
25
of
the
settlement
.
The
landowner
shall
notify
the
pipeline
26
company
in
writing
fourteen
days
prior
to
harvest
in
each
year
27
to
assess
crop
deficiency.
28
3.
For
the
purposes
of
this
section,
“landowner”
also
29
includes
a
farm
tenant.
30
4.
A
landowner
that
incurred
damage
under
this
section
is
31
eligible
for
compensation
for
damages.
A
landowner
may
file
an
32
action
for
relief
against
a
pipeline
company
in
small
claims
33
or
district
court
for
a
violation
of
this
section
or
pursue
34
remedies
under
section
479B.30,
subsection
7.
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Sec.
7.
Section
479B.30,
subsection
7,
Code
2023,
is
amended
1
to
read
as
follows:
2
7.
As
used
in
this
section
,
“damages”
means
compensation
for
3
damages
to
the
land,
crops,
and
other
personal
property
caused
4
by
the
construction
of
a
pipeline
and
its
attendant
structures
5
or
underground
storage
facility
,
or
a
compensable
loss
as
6
defined
in
section
479B.29,
subsection
1,
but
does
not
include
7
compensation
for
a
property
interest,
and
“landowner”
includes
8
a
farm
tenant.
9
Sec.
8.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
10
deemed
of
immediate
importance,
takes
effect
upon
enactment.
11
Sec.
9.
APPLICABILITY.
This
division
of
this
Act
applies
to
12
all
applications
for
a
permit
to
construct
a
pipeline
pursuant
13
to
chapter
479B
filed
with
the
Iowa
utilities
board
on
or
after
14
July
1,
2021,
and
to
permits
issued
on
or
after
the
effective
15
date
of
this
division
of
this
Act.
16
DIVISION
II
17
EMINENT
DOMAIN
INTERIM
STUDY
18
Sec.
10.
EMINENT
DOMAIN
INTERIM
STUDY.
19
1.
The
legislative
council
is
requested
to
authorize
a
20
study
committee
to
evaluate
eminent
domain
practices
and
21
procedures
applicable
under
Iowa
law.
The
study
committee
22
shall
make
recommendations
that
the
committee
believes
will
23
improve
eminent
domain
policy
in
the
state
including
all
of
the
24
following:
25
a.
Standards
for
entering
land
for
land
surveying
purposes.
26
b.
Review
of
land
restoration
standards.
27
c.
Review
of
eminent
domain
public
benefit
and
private-use
28
tests.
29
d.
Engineering
study
analysis,
including
all
of
the
30
following:
31
(1)
Engineering
study
standards,
authority,
and
32
composition.
33
(2)
Analysis
of
the
process
of
company
selection.
34
e.
Land
compensation
practices
and
procedures.
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f.
Review
of
eminent
domain
processes
and
procedures.
1
g.
Iowa
utilities
board
perspectives.
2
2.
The
study
committee
shall
consist
of
five
members
of
3
the
senate,
three
of
whom
shall
be
appointed
by
the
majority
4
leader
of
the
senate
and
two
of
whom
shall
be
appointed
by
5
the
minority
leader
of
the
senate,
and
five
members
of
the
6
house
of
representatives,
three
of
whom
shall
be
appointed
by
7
the
speaker
of
the
house
of
representatives
and
two
of
whom
8
shall
be
appointed
by
the
minority
leader
of
the
house
of
9
representatives.
The
legislative
council
is
encouraged
to
10
appoint
to
the
interim
study
committee
public
members
or
direct
11
the
study
committee
to
seek
input
from
or
to
appoint
members
12
of
the
public.
13
3.
The
study
committee
shall
meet
during
the
2023
14
legislative
interim
and
submit
a
report
containing
15
recommendations
to
the
members
of
the
general
assembly
by
16
December
15,
2023.
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