Bill Text: IA SSB3185 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act providing immunity for the operation of manufacturing or industrial facilities under certain circumstances and including applicability provisions.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-02-20 - Subcommittee recommends passage. [SSB3185 Detail]
Download: Iowa-2019-SSB3185-Introduced.html
Senate
Study
Bill
3185
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
providing
immunity
for
the
operation
of
manufacturing
1
or
industrial
facilities
under
certain
circumstances
and
2
including
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
331.304,
Code
2020,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
13.
A
county
shall
not
adopt
or
enforce
any
3
ordinance
or
regulation
in
violation
of
chapter
686D.
4
Sec.
2.
Section
364.3,
Code
2020,
is
amended
by
adding
the
5
following
new
subsection:
6
NEW
SUBSECTION
.
13.
A
city
shall
not
adopt
or
enforce
any
7
ordinance
or
regulation
in
violation
of
chapter
686D.
8
Sec.
3.
NEW
SECTION
.
686D.1
Definitions.
9
As
used
in
this
chapter,
unless
the
context
otherwise
10
requires:
11
1.
“Commenced
operations”
is
the
date
on
which
the
12
construction
of
a
manufacturing
or
industrial
facility
was
13
originally
completed.
14
2.
“Manufacturing
or
industrial
facility”
includes
land,
15
buildings,
structures,
pipes,
stacks,
ponds,
impoundments,
16
appurtenances,
and
machinery
or
equipment
which
is
used
for
17
manufacturing,
processing,
distribution,
warehousing,
or
18
technology
intensive
operations.
19
Sec.
4.
NEW
SECTION
.
686D.2
Limitation
of
liability.
20
1.
A
person
shall
not
be
liable
for
the
operation
of
21
a
manufacturing
or
industrial
facility
under
a
cause
of
22
action
for
public
or
private
nuisance,
negligence,
trespass,
23
or
any
similar
legal
theory,
if
the
facility
is
operating
24
pursuant
to
the
issuance
of
all
required
licenses,
permits,
25
certifications,
or
authorizations
under
applicable
federal
or
26
state
environmental
law.
27
2.
A
person
shall
not
be
liable
for
the
operation
of
a
28
manufacturing
or
industrial
facility
under
a
cause
of
action
29
for
public
or
private
nuisance
or
trespass
if
the
facility
30
commenced
operations
before
the
person
alleged
to
have
suffered
31
an
injury
began
to
reside
or
operate
near
the
facility.
32
3.
a.
If
the
manufacturing
or
industrial
facility
is
33
subject
to
municipal,
state,
or
federal
environmental
laws
34
or
regulations,
the
facility
may
expand
its
operations
or
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facilities
and
the
date
on
which
the
expansion
shall
be
1
considered
to
have
commenced
operations
is
the
same
date
as
the
2
facility
commenced
operations.
3
b.
A
transfer
of
ownership
of
a
manufacturing
or
industrial
4
facility
shall
not
affect
the
date
on
which
the
facility
5
commenced
operations
for
purpose
of
this
section.
6
c.
A
temporary
cessation
of
operation
or
reduction
in
7
the
size
of
the
operation
of
the
manufacturing
or
industrial
8
facility
shall
not
waive
any
liability
protection
granted
9
by
this
section
or
affect
the
date
the
facility
commenced
10
operations.
11
Sec.
5.
NEW
SECTION
.
686D.3
Court
costs
and
attorney
fees.
12
In
an
action
in
which
a
defendant’s
liability
is
limited
13
under
section
686D.2,
the
prevailing
defendant
is
entitled
to
14
recover
the
reasonable
expenses
of
litigation,
including
costs,
15
expert
fees,
and
attorney
fees.
16
Sec.
6.
NEW
SECTION
.
686D.4
Local
regulations.
17
A
city,
county,
taxing
district,
or
any
other
political
18
subdivision
shall
not
adopt
or
enforce
any
ordinance
or
19
resolution
that
would
do
any
of
the
following:
20
1.
Impose
civil
liability
for
an
action
from
which
this
21
chapter
limits
liability.
22
2.
Require
abatement
or
the
closure
of
a
manufacturing
or
23
industrial
facility.
24
Sec.
7.
NEW
SECTION
.
686D.5
Eminent
domain
and
25
environmental
law.
26
This
chapter
shall
not
be
construed
to
modify
any
provision
27
of
eminent
domain
or
environmental
law
that
is
not
inconsistent
28
with
this
chapter.
29
Sec.
8.
APPLICABILITY.
This
Act
applies
to
causes
of
30
actions
which
accrue
on
or
after
the
effective
date
of
this
31
Act.
32
EXPLANATION
33
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
34
the
explanation’s
substance
by
the
members
of
the
general
assembly.
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This
bill
provides
immunity
for
the
operation
of
1
manufacturing
or
industrial
facilities
under
certain
2
circumstances.
3
The
bill
provides
that
a
person
shall
not
be
liable
for
the
4
operation
of
a
manufacturing
or
industrial
facility
under
a
5
cause
of
action
for
public
or
private
nuisance,
negligence,
6
trespass,
or
any
similar
legal
theory,
if
the
facility
is
7
operating
pursuant
to
the
issuance
of
all
required
licenses,
8
permits,
certifications,
or
authorizations
under
applicable
9
federal
or
state
environmental
law.
10
The
bill
provides
that
a
person
shall
not
be
liable
for
the
11
operation
of
a
manufacturing
or
industrial
facility
under
a
12
cause
of
action
for
public
or
private
nuisance
or
trespass
if
13
the
facility
commenced
operations
before
the
person
alleged
14
to
have
suffered
an
injury
began
to
reside
or
operate
near
15
the
facility.
The
bill
defines
“commenced
operations”
as
16
the
date
on
which
the
construction
of
a
manufacturing
or
17
industrial
facility
was
originally
completed.
An
expansion
18
of
a
manufacturing
or
industrial
facility
shall
be
considered
19
to
have
commenced
operations
on
the
same
date
as
the
facility
20
if
the
facility
is
subject
to
municipal,
state,
or
federal
21
environmental
laws
or
regulations.
The
bill
provides
that
22
a
transfer
of
ownership
of
a
manufacturing
or
industrial
23
facility,
a
temporary
cessation
of
operation,
or
reduction
in
24
the
size
of
the
operation
of
the
facility
does
not
affect
the
25
date
on
which
the
facility
commenced
operations
for
purposes
of
26
the
liability
protections
of
the
bill.
27
The
bill
provides
that
in
an
action
in
which
a
defendant’s
28
liability
is
limited
under
the
bill,
the
prevailing
defendant
29
is
entitled
to
recover
the
reasonable
expenses
of
litigation,
30
including
costs,
expert
fees,
and
attorney
fees.
31
The
bill
provides
that
a
city,
county,
taxing
district,
or
32
any
other
political
subdivision
shall
not
adopt
or
enforce
33
any
ordinance
or
resolution
that
would
impose
civil
liability
34
for
an
action
from
which
the
bill
limits
liability
or
that
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would
require
abatement
or
the
closure
of
a
manufacturing
or
1
industrial
facility.
2
The
bill
shall
not
be
construed
to
modify
any
provision
of
3
eminent
domain
or
environmental
law
that
is
not
inconsistent
4
with
the
bill.
5
The
bill
applies
to
actions
which
accrue
on
or
after
the
6
effective
date
of
the
bill.
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