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House Study Bill 157 - IntroducedA Bill ForAn Act 1providing for the transportation of biogas using a
2gathering line system constructed within a secondary road
3right-of-way, and including effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 306.2, Code 2023, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 1A. “Biogas gathering line system” means a
4system of one or more gathering lines as defined in 49 C.F.R.
5§192.3, if each gathering line operates at or under one hundred
6twenty-five per square inch gauge, and is used to transport
7biogas from one or more anaerobic digester systems, as defined
8in section 459.102, to a processing facility for the production
9of renewable natural gas.
10 Sec. 2. Section 306.46, Code 2023, is amended to read as
11follows:
12306.46 Public utility Utility facilities — public road
13rights-of-way.
141. a. A public utility may construct, operate, repair,
15or maintain its utility facilities within a public road
16right-of-way. The location of new utility facilities shall
17comply with section 318.9. A utility facility shall not be
18constructed or installed in a manner that causes interference
19with public use of the road.
202. b. For purposes of this section paragraph “a”, “public
21utility” means a public utility as defined in section 476.1, and
22shall also include waterworks, municipally owned waterworks,
23joint water utilities, rural water districts incorporated under
24chapter 357A or chapter 504, cooperative water associations,
25and electric transmission owners as defined in section 476.27
26primarily providing service to public utilities as defined in
27section 476.1. For the purposes of this section paragraph
28“a”, “utility facilities” means any cables, conduits, wire,
29pipe, casing pipe, supporting poles, guys, and other material
30and equipment utilized for the furnishing of electric, gas,
31communications, water, or sewer service.
322. A person owning, operating, or controlling an anaerobic
33digester system or a person owning, operating, or controlling a
34processing facility for the production of renewable natural gas
35may construct, operate, repair, or maintain a biogas gathering
-1-1line system within a secondary road right-of-way. A gathering
2line system shall not be constructed or installed in a manner
3that, by its use, causes interference with public use of the
4road.
53. This section shall not impair or interfere with a city’s
6authority to grant, amend, extend, or renew a franchise as
7provided in section 364.2, and shall not impair or interfere
8with a city’s existing general police powers to control the use
9of its right-of-way.
10 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate
11importance, takes effect upon enactment.
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
15This bill amends provisions that allow a public utility to
16construct, operate, and maintain a public utility facility
17within a public road right-of-way so long as the facility
18does not cause interference with the road’s use (amended
19Code section 306.46). The bill provides the same right to
20a person who constructs, operates, and maintains one or more
21gathering lines located within a secondary road right-of-way
22that transport biogas from an anaerobic digester system
23to a processing facility for the production of renewable
24natural gas. An anaerobic digester system is connected to a
25confinement feeding operation housing livestock that stores
26liquid manure on site using a storage structure (Code section
27459.206). An anaerobic digester processes liquid manure
28by utilizing bacteria to break down organic matter in the
29absence of oxygen for purposes of producing, collecting, and
30transporting biogas (Code section 459.102). Generally, a
31gathering line is a type of pipeline used to move gas from
32its point of production to another facility for processing
33(refinement).
34The bill takes effect upon enactment.
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2gathering line system constructed within a secondary road
3right-of-way, and including effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 306.2, Code 2023, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 1A. “Biogas gathering line system” means a
4system of one or more gathering lines as defined in 49 C.F.R.
5§192.3, if each gathering line operates at or under one hundred
6twenty-five per square inch gauge, and is used to transport
7biogas from one or more anaerobic digester systems, as defined
8in section 459.102, to a processing facility for the production
9of renewable natural gas.
10 Sec. 2. Section 306.46, Code 2023, is amended to read as
11follows:
12306.46 Public utility Utility facilities — public road
13rights-of-way.
141. a. A public utility may construct, operate, repair,
15or maintain its utility facilities within a public road
16right-of-way. The location of new utility facilities shall
17comply with section 318.9. A utility facility shall not be
18constructed or installed in a manner that causes interference
19with public use of the road.
202. b. For purposes of this section paragraph “a”, “public
21utility” means a public utility as defined in section 476.1, and
22shall also include waterworks, municipally owned waterworks,
23joint water utilities, rural water districts incorporated under
24chapter 357A or chapter 504, cooperative water associations,
25and electric transmission owners as defined in section 476.27
26primarily providing service to public utilities as defined in
27section 476.1. For the purposes of this section paragraph
28“a”, “utility facilities” means any cables, conduits, wire,
29pipe, casing pipe, supporting poles, guys, and other material
30and equipment utilized for the furnishing of electric, gas,
31communications, water, or sewer service.
322. A person owning, operating, or controlling an anaerobic
33digester system or a person owning, operating, or controlling a
34processing facility for the production of renewable natural gas
35may construct, operate, repair, or maintain a biogas gathering
-1-1line system within a secondary road right-of-way. A gathering
2line system shall not be constructed or installed in a manner
3that, by its use, causes interference with public use of the
4road.
53. This section shall not impair or interfere with a city’s
6authority to grant, amend, extend, or renew a franchise as
7provided in section 364.2, and shall not impair or interfere
8with a city’s existing general police powers to control the use
9of its right-of-way.
10 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate
11importance, takes effect upon enactment.
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
15This bill amends provisions that allow a public utility to
16construct, operate, and maintain a public utility facility
17within a public road right-of-way so long as the facility
18does not cause interference with the road’s use (amended
19Code section 306.46). The bill provides the same right to
20a person who constructs, operates, and maintains one or more
21gathering lines located within a secondary road right-of-way
22that transport biogas from an anaerobic digester system
23to a processing facility for the production of renewable
24natural gas. An anaerobic digester system is connected to a
25confinement feeding operation housing livestock that stores
26liquid manure on site using a storage structure (Code section
27459.206). An anaerobic digester processes liquid manure
28by utilizing bacteria to break down organic matter in the
29absence of oxygen for purposes of producing, collecting, and
30transporting biogas (Code section 459.102). Generally, a
31gathering line is a type of pipeline used to move gas from
32its point of production to another facility for processing
33(refinement).
34The bill takes effect upon enactment.
-2-da/ns