Text: S05154 Text: S05156 Text: S05100 - S05199 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2201 as follows: 1 2 #1. By striking everything after the enacting 1 3 clause and inserting the following: 1 4 "Section 1. Section 479.29, Code 1997, is amended 1 5 to read as follows: 1 6 479.29CONSTRUCTION STANDARDSLAND RESTORATION. 1 7 1. The board shall, pursuant to chapter 17A, adopt 1 8 rules establishing standardsfor the protection of1 9underground improvements during the construction of1 10pipelines, to protect soil conservation and drainage1 11structures from being permanently damaged by pipeline1 12construction andfor the restoration of agricultural 1 13 lands during and after pipeline construction.To1 14ensure that all interested persons are informed of1 15this rulemaking procedure and are afforded a right to1 16participate, the board shall schedule an opportunity1 17for oral presentations on the proposed rulemaking,1 18and, inIn addition to the requirements of section 1 19 17A.4, the board shall distribute copies of the notice 1 20 of intended action and opportunity for oral 1 21 presentations to each county board of supervisors. 1 22 Any county board of supervisors may, under the 1 23 provisions of chapter 17A, and subsequent to the 1 24 rulemaking proceedings, petition under those 1 25 provisions for additional rulemaking to establish 1 26 standardsto protect soil conservation practices,1 27structures and drainage structuresfor land 1 28 restoration after pipeline construction within that 1 29 county. Upon the request of the petitioning county 1 30 the board shall schedule a hearing to consider the 1 31 merits of the petition.Rules adopted under this1 32section shall not apply within the boundaries of a1 33city, unless the land is used for agricultural1 34purposes.Rules adopted under this section shall not 1 35 apply to land located within city boundaries, unless 1 36 the land is used for agricultural purposes. Rules 1 37 adopted under this section shall address, but are not 1 38 limited to, all of the following subject matters: 1 39 a. Topsoil separation and replacement. 1 40 b. Temporary and permanent repair to drain tile. 1 41 c. Removal of rocks and debris from the right-of- 1 42 way. 1 43 d. Restoration of areas of soil compaction. 1 44 e. Restoration of terraces, waterways, and other 1 45 erosion control structures. 1 46 f. Revegetation of untilled land. 1 47 g. Future installation of drain tile or soil 1 48 conservation structures. 1 49 h. Restoration of land slope and contour. 1 50 i. Restoration of areas used for field entrances 2 1 and temporary roads. 2 2 j. Construction in wet conditions. 2 3 k. Designation of a pipeline company point of 2 4 contact for landowner inquiries or claims. 2 5 2. The county board of supervisors shall cause an 2 6 on-site inspection for compliance with the standards 2 7 adopted under this section to be performed at any 2 8 pipeline construction project in the county. A 2 9 licensed professional engineer familiar with the 2 10 standards adopted under this section and registered 2 11 under chapter 542B shall be in responsible charge of 2 12 the inspection. A county board of supervisors may 2 13 contract for the services of a licensed professional 2 14 engineer for the purposes of the inspection. The 2 15 reasonable costs of the inspection shall be borne by 2 16 the pipeline company. 2 17 3. If the inspector determines that there has been 2 18 a violation of the standards adopted under this 2 19 section, of the land restoration plan, or of an 2 20 independent agreement on land restoration or line 2 21 location executed in accordance with subsection 10, 2 22 the inspector shall give oral notice, followed by 2 23 written notice, to the pipeline company and the 2 24 contractor operating for the pipeline company and 2 25 order corrective action to be taken in compliance with 2 26 the standards. The costs of the corrective action 2 27 shall be borne by the contractor operating for the 2 28 pipeline company. 2 294. As a part of the inspection process, the2 30inspector shall ascertain that the trench excavation2 31has been filled in a manner to provide that the2 32topsoil has been replaced on top and rocks and debris2 33have been removed from the topsoil of the easement2 34area. An existing topsoil layer extending at least2 35one foot in width on either side of the pipeline2 36excavation at a maximum depth of twelve inches shall2 37be removed separately and shall be stockpiled and2 38preserved separately during subsequent construction2 39operations, unless other means for separating the2 40topsoil are provided in the easement. The topsoil2 41shall be replaced so the upper portion of the pipeline2 42excavation and the crowned surface shall contain only2 43the topsoil originally removed.2 445.4.Adequate inspection ofThe inspector shall 2 45 adequately inspect underground improvements altered 2 46 during construction of pipeline. The inspection shall 2 47 be conducted at the time of the replacement or repair 2 48 of the underground improvements.AnThe inspector 2 49 shall be present on the site at all times at each 2 50 phase and separate activity of the opening of the 3 1 trench, the restoration of underground improvements, 3 2 and backfilling. The pipeline company and its 3 3 contractor shall keep all county inspectors 3 4 continually informed of the work schedule and any 3 5 schedule changes. If proper notice is given, 3 6 construction shall not be delayed due to the 3 7 inspector's failure to be present on the site. 3 86.5. If the pipeline company or its contractor 3 9 does not comply with the orders of the inspector for 3 10 compliance with the standards, with the land 3 11 restoration plan, or with an independent agreement on 3 12 land restoration or line location executed in 3 13 accordance with subsection 10, the county board of 3 14 supervisors maydirect the county attorney to petition3 15the district courtpetition the board for an order 3 16 requiring corrective action to be taken in compliance 3 17 with the standards adopted under this section. In 3 18 addition, the county board of supervisors may file a 3 19 complaint with the board seeking imposition of civil 3 20 penalties pursuant to section 479.31. 3 217.6. The pipeline company shall allow landowners 3 22 and inspectors to view the proposed center line of the 3 23 pipeline prior to commencing trenching operations to 3 24 insure that construction takes place in its proper 3 25 location. 3 268.7. An inspector may temporarily halt the 3 27 construction if the construction is not in compliance 3 28 with the law and the standards adopted pursuant to 3 29 law, the land restoration plan, or the terms ofthean 3 30 independent agreement with the pipeline company 3 31 regardingtopsoil removal and replacement, drainage3 32structures, soil moisture conditions or the location3 33of constructionline location or land restoration 3 34 executed in accordance with subsection 10, until the 3 35 inspector consults with the supervisory personnel of 3 36 the pipeline company.If the construction is then3 37continued over the inspector's objection and is found3 38to not be in compliance with the law or agreement and3 39is found to cause damage, any civil penalty recovered3 40under section 479.31 as a result of that violation3 41shall be paid to the landowner.3 429.8. The board shall instruct inspectors 3 43 appointed by the board of supervisors regarding the 3 44 content of the statutes and rules and the inspector's 3 45 responsibility to require construction conforming with 3 46 the standards provided by this chapter. 3 4710.9.Any underground drain tile damaged, cut, or3 48removed shall be temporarily repaired and maintained3 49as necessary to allow for its proper function during3 50construction of the pipeline. If temporary repair is4 1not determined to be necessary, the exposed line will4 2nonetheless be screened or otherwise protected to4 3prevent the entry of any foreign material, small4 4animals, etc. into the tile line system.Petitioners 4 5 for a permit for pipeline construction shall file with 4 6 the petition a written land restoration plan showing 4 7 how the requirements of this section, and of rules 4 8 adopted pursuant to this section, will be met. The 4 9 petitioners shall provide copies of the plan to all 4 10 landowners of property that will be disturbed by the 4 11 construction. 4 12 10. This section does not preclude the application 4 13 of provisions for protecting or restoring property 4 14 that are different than those prescribed in this 4 15 section, in rules adopted pursuant to this section, or 4 16 in the land restoration plan, if the alternative 4 17 provisions are contained in agreements independently 4 18 executed by the pipeline company and landowner, and if 4 19 the alternative provisions are not inconsistent with 4 20 state law or with rules adopted by the board. 4 21 Independent agreements on land restoration or line 4 22 location between the landowner and pipeline company 4 23 shall be in writing and a copy provided to the county 4 24 inspector. 4 25 11. For purposes of this section, "construction" 4 26 includes the removal of a previously constructed 4 27 pipeline. 4 28 12. The requirements of this section shall apply 4 29 only to pipeline construction projects commenced on or 4 30 after June 1, 1998. 4 31 Sec. 2. Section 479.45, Code 1997, is amended to 4 32 read as follows: 4 33 479.45 PARTICULAR DAMAGE CLAIMS. 4 34 1. Compensable losses shall include, but are not 4 35 limited to, all of the following: 4 36 a. Loss or reduced yield of crops or forage on the 4 37 pipeline right-of-way, whether caused directly by 4 38 construction or from disturbance of usual farm 4 39 operations. 4 40 b. Loss or reduced yield of crops or yield from 4 41 land near the pipeline right-of-way resulting from 4 42 lack of timely access to the land or other disturbance 4 43 of usual farm operations, including interference with 4 44 irrigation. 4 45 c. Fertilizer, lime, or organic material applied 4 46 by the landowner to restore land disturbed by 4 47 construction to full productivity. 4 48 d. Loss of or damage to trees of commercial or 4 49 other value that occurs at the time of construction or 4 50 at the time of any subsequent work by the pipeline 5 1 outside of the area cleared during construction. 5 21.e. The cost of moving or relocating livestock, 5 3 and the loss of gain by or the death or injury of 5 4 livestock caused by the interruption or relocation of 5 5 normal feedingof the livestock caused by the5 6construction or repair of a pipeline is a compensable5 7loss and shall be recognized as such by a pipeline5 8company. 5 9 f. Erosion on lands caused by construction. 5 10 g. Damage to farm equipment caused by striking a 5 11 pipeline while engaged in normal farming operations as 5 12 defined in section 480.1. 5 13 2. A claim for damage for future crop deficiency 5 14 within the easement strip shall not be precluded from 5 15 renegotiation under section 6B.52 on the grounds that 5 16 it was apparent at the time of settlement unless the 5 17 settlement expressly releases the pipeline company 5 18 from claims for damage to the productivity of the 5 19 soil. The landowner shall notify the company in 5 20 writing thirty days prior to harvest in each year to 5 21 assess crop deficiency. 5 22 Sec. 3. NEW SECTION. 479.48 REVERSION ON NONUSE. 5 23 1. If a pipeline right-of-way, or any part of a 5 24 pipeline right-of-way, is wholly abandoned for 5 25 pipeline purposes by the relocation of the pipeline, 5 26 is not used or operated for a period of five 5 27 consecutive years, or if the construction of the 5 28 pipeline has been commenced and work has ceased and 5 29 has not in good faith resumed for five years, the 5 30 right-of-way may revert as provided in this section to 5 31 the person who, at the time of the abandonment or 5 32 nonuse, is the owner of the tract from which such 5 33 right-of-way was taken. For purposes of this section, 5 34 a pipeline is not considered abandoned or unused if it 5 35 is transporting product or is being actively 5 36 maintained with reasonable anticipation of a future 5 37 use. 5 38 2. To effect a reversion on nonuse of right-of- 5 39 way, the owner or holder of purported fee title to 5 40 such real estate shall serve notice upon the owner of 5 41 such right-of-way easement and, if filed of record, 5 42 successors in interest and upon any party in 5 43 possession of the real estate. The written notice 5 44 shall accurately describe the real estate and easement 5 45 in question, set out the facts concerning ownership of 5 46 the fee, ownership of the right-of-way easement, and 5 47 the period of abandonment or nonuse, and notify the 5 48 parties that such reversion shall be complete and 5 49 final, and that the easement or other right shall be 5 50 forfeited, unless the parties shall, within one 6 1 hundred twenty days after the completed service of 6 2 notice, file an affidavit with the county recorder of 6 3 the county in which the real estate is located 6 4 disputing the facts contained in the notice. 6 5 3. The notice shall be served in the same manner 6 6 as an original notice under the Iowa rules of civil 6 7 procedure, except that when notice is served by 6 8 publication an affidavit shall not be required before 6 9 publication. If an affidavit disputing the facts 6 10 contained in the notice is not filed within one 6 11 hundred twenty days, the party serving the notice may 6 12 file for record in the office of the county recorder a 6 13 copy of the notice with proofs of service attached and 6 14 endorsed, and when so recorded, the record shall be 6 15 constructive notice to all persons of the abandonment, 6 16 reversion, and forfeiture of such right-of-way. 6 17 4. Upon reversion of the easement, the landowner 6 18 may require the pipeline company to remove any pipe or 6 19 pipeline facility remaining on the property. 6 20 5. If a pipeline right-of-way is abandoned for 6 21 pipeline use, but the pipe is not removed from the 6 22 right-of-way, the pipeline company shall remain 6 23 responsible for the additional costs of subsequent 6 24 tiling as provided for in section 479.47, shall mark 6 25 the location of the line in response to a notice of 6 26 proposed excavation in accordance with chapter 480, 6 27 and shall remain subject to the damage provisions of 6 28 this chapter in the event access to or excavation 6 29 relating to the pipe is required. The landowner shall 6 30 provide reasonable access to the pipeline in order to 6 31 carry out the responsibilities of this subsection. 6 32 Sec. 4. Section 479A.14, Code 1997, is amended to 6 33 read as follows: 6 34 479A.14 LAND RESTORATION STANDARDS 6 35 INSPECTION. 6 36 1. The board shall adopt rules establishing 6 37 standardsto protect underground improvements during6 38the construction of pipelines, to protect soil6 39conservation and drainage structures from being6 40permanently damaged by pipeline construction, andfor 6 41 the restoration of agricultural lands during and after 6 42 pipeline construction.To ensure that all interested6 43persons are informed of this rulemaking procedure and6 44are afforded a right to participate, the board shall6 45schedule an opportunity for oral presentations on the6 46proposed rulemaking and, inIn addition to the 6 47 requirements of section 17A.4, the board shall 6 48 distribute copies of the notice of intended action and 6 49 opportunity for oral presentations to each county 6 50 board of supervisors. A county board of supervisors 7 1 may, under chapter 17A and subsequent to the 7 2 rulemaking proceedings, petition for additional 7 3 rulemaking to establish standardsto protect soil7 4conservation practices, structures, and drainage7 5structuresfor land restoration after pipeline 7 6 construction within that county. Upon the request of 7 7 the petitioning county, the board shall schedule a 7 8 hearing to consider the merits of the petition.Rules7 9adopted under this section do not apply within the7 10boundaries of a city, unless the land is used for7 11agricultural purposes.Rules adopted under this 7 12 section shall not apply to land located within city 7 13 boundaries, unless the land is used for agricultural 7 14 purposes. Rules adopted under this section shall 7 15 address, but are not limited to, all of the following 7 16 subject matters: 7 17 a. Topsoil separation and replacement. 7 18 b. Temporary and permanent repair to drain tile. 7 19 c. Removal of rocks and debris from the right-of- 7 20 way. 7 21 d. Restoration of areas of soil compaction. 7 22 e. Restoration of terraces, waterways, and other 7 23 erosion control structures. 7 24 f. Revegetation of untilled land. 7 25 g. Future installation of drain tile or soil 7 26 conservation structures. 7 27 h. Restoration of land slope and contour. 7 28 i. Restoration of areas used for field entrances 7 29 and temporary roads. 7 30 j. Construction in wet conditions. 7 31 k. Designation of a pipeline company point of 7 32 contact for landowner inquiries or claims. 7 33 2. The county board of supervisors shall cause an 7 34 on-site inspection for compliance with the standards 7 35 adopted under this section to be performed at any 7 36 pipeline construction project in the county. A 7 37 licensed professional engineer familiar with the 7 38 standards adopted under this section and registered 7 39 under chapter 542B shall be placed in charge of the 7 40 inspection. The reasonable costs of the inspection 7 41 shall be borne by the pipeline company. 7 42 3. If the inspector determines that there has been 7 43 a violation of the standards adopted under this 7 44 section, of the land restoration plan, or of an 7 45 independent agreement on land restoration executed in 7 46 accordance with subsection 10, the inspector shall 7 47 give oral notice, followed by written notice, to the 7 48 pipeline company and the contractor operating for the 7 49 pipeline company, and order corrective action to be 7 50 taken in compliance with the standards. The costs of 8 1 the corrective action shall be borne by the contractor 8 2 operating for the pipeline company. 8 34. As a part of the inspection process, the8 4inspector shall ascertain that the trench excavation8 5has been filled in a manner to provide that the8 6topsoil has been replaced on top and rocks and debris8 7have been removed from the topsoil of the easement8 8area. An existing topsoil layer extending at least8 9one foot in width on either side of the pipeline8 10excavation at a maximum depth of one foot shall be8 11removed separately and shall be stockpiled and8 12preserved separately during subsequent construction8 13operations, unless other means for separating the8 14topsoil are provided in the easement. The topsoil8 15shall be replaced so the upper portion of the pipeline8 16excavation and the crowned surface contain only the8 17topsoil originally removed.8 185.4.Adequate inspection ofThe inspector shall 8 19 adequately inspect underground improvements altered 8 20 during construction of a pipeline. The inspection 8 21 shall be conducted at the time of the replacement or 8 22 repair of the underground improvements.AnThe 8 23 inspector shall be present on the site at all times at 8 24 each phase and separate activity of the opening of the 8 25 trench, the restoration of underground improvements, 8 26 and backfilling. The pipeline company and its 8 27 contractor shall keep all county inspectors 8 28 continually informed of the work schedule and any 8 29 schedule changes. If proper notice is given, 8 30 construction shall not be delayed due to the 8 31 inspector's failure to be present on the site. 8 326.5. If the pipeline company or its contractor 8 33 does not comply with the orders of the inspector for 8 34 compliance with the standards, with the land 8 35 restoration plan, or with an independent agreement on 8 36 land restoration executed in accordance with 8 37 subsection 10, the county board of supervisors may 8 38direct the county attorney to petition the district8 39courtpetition the board for an order requiring 8 40 corrective action to be taken in compliance with the 8 41 standards adopted under this section. In addition, 8 42 the county board of supervisors may file a complaint 8 43 with the board seeking imposition of civil penalties 8 44 pursuant to section 479A.16. 8 457.6. The pipeline company shall allow landowners 8 46 and inspectors to view the proposed center line of the 8 47 pipeline before commencing trenching operations to 8 48 ensure that construction takes place in the proper 8 49 location. 8 508.7. An inspector may temporarily halt the 9 1 construction if the construction is not in compliance 9 2 with this chapter and the standards adopted underit9 3 this chapter, the land restoration plan approved by 9 4 the board, or the terms ofthean independent 9 5 agreement with the pipeline company regardingtopsoil9 6removal and replacement, drainage structures, soil9 7moisture conditions, or the location of construction,9 8 line location or land restoration executed in 9 9 accordance with subsection 10, until the inspector 9 10 consults with the supervisory personnel of the 9 11 pipeline company.If the construction is continued9 12over the inspector's objection and is found not to be9 13in compliance with this chapter, the standards, or the9 14agreement, and is found to cause damage, a civil9 15penalty recovered under section 479A.16 as a result of9 16that violation shall be paid to the landowner.9 179.8. The board shall instruct inspectors 9 18 appointed by the county board of supervisors regarding 9 19 the content of this chapter and the standards and the 9 20 inspectors' responsibility to require construction 9 21 conforming with them. 9 2210.9.An underground drain tile damaged, cut, or9 23removed shall be temporarily repaired and maintained9 24as necessary to allow for its proper function during9 25construction of the pipeline. If temporary repair is9 26determined not to be necessary, the exposed line shall9 27be screened or otherwise protected to prevent the9 28entry of foreign material or small animals into the9 29tile line system.Prior to the initiation of 9 30 construction, the pipeline company shall file a 9 31 written land restoration plan with the board 9 32 describing the methods and procedures by which 9 33 compliance with this section and the standards adopted 9 34 under this section will be achieved. The board shall 9 35 review this plan to insure that the requirements of 9 36 this section and rules adopted pursuant to this 9 37 section are met. After board review, the pipeline 9 38 company shall provide copies of the plan to all 9 39 landowners of property that will be disturbed by the 9 40 construction. 9 4111.10. This section does not preclude the 9 42 application of provisions for protecting or restoring 9 43 property that are different than those prescribed in 9 44 this section, in rules adopted pursuant to this 9 45 section, or in the land restoration plan if the 9 46 alternative provisions are contained in agreements 9 47 independently executed by the pipeline company and the 9 48 landowner, and if the alternative provisions are not 9 49 inconsistent with state law or with rules adopted by 9 50 the board. Independent agreements on land restoration 10 1 or line location between the landowner and pipeline 10 2 company shall be in writing and a copy provided to the 10 3 county inspector. 10 4 11. For the purposes of this section, 10 5 "construction" includes the removal of a previously 10 6 constructed pipeline. 10 7 12. The requirements of this section shall not 10 8 apply to pipeline projects that have received a 10 9 certificate from the federal energy regulatory 10 10 commission prior to the effective date of this Act. 10 11 Sec. 5. Section 479A.24, subsections 1 and 2, Code 10 12 1997, are amended to read as follows: 10 13 1. Compensable losses shall include, but are not 10 14 limited to, all of the following: 10 15 a. Loss or reduced yield of crops or forage on the 10 16 pipeline right-of-way, whether caused directly by 10 17 construction or from disturbance of usual farm 10 18 operations. 10 19 b. Loss or reduced yield of crops or yield from 10 20 land near the pipeline right-of-way resulting from 10 21 lack of timely access to the land or other disturbance 10 22 of usual farm operations, including interference with 10 23 irrigation. 10 24 c. Fertilizer, lime, or organic material applied 10 25 by the landowner to restore land disturbed by 10 26 construction to full productivity. 10 27 d. Loss of or damage to trees of commercial or 10 28 other value that occurs at the time of construction or 10 29 at the time of any subsequent work by the pipeline 10 30 outside of the area cleared during construction. 10 311.e. The cost of moving or relocating livestock, 10 32 and the loss of gain by, or the death or injury of 10 33 livestock caused by the interruption or relocation of 10 34 normal feedingof the livestock due to the10 35construction or repair of a pipeline is a compensable10 36loss and shall be so recognized by a pipeline company. 10 37 f. Erosion on lands caused by construction. 10 38 g. Damage to farm equipment caused by striking a 10 39 pipeline while engaged in normal farming operations as 10 40 defined in section 480.1. 10 41 2. A claim for damage for future crop deficiency 10 42 within the easement strip shall not be precluded from 10 43 renegotiation under section 6B.52 on the grounds that 10 44 it was apparent at the time of settlement unless the 10 45 settlement expressly releases the pipeline company 10 46 from claims for damage to the productivity of the 10 47 soil. The landowner shall notify the company in 10 48 writing thirty days prior to harvest in each year to 10 49 assess crop deficiency. 10 50 Sec. 6. NEW SECTION. 479A.27 REVERSION ON 11 1 NONUSE. 11 2 1. If a pipeline right-of-way, or any part of a 11 3 pipeline right-of-way, is wholly abandoned for 11 4 pipeline purposes by the relocation of the pipeline, 11 5 is not used or operated for a period of five 11 6 consecutive years, or if the construction of the 11 7 pipeline has been commenced and work has ceased and 11 8 has not in good faith resumed for five years, the 11 9 right-of-way may revert as provided in this section to 11 10 the person who, at the time of the abandonment or 11 11 nonuse, is the owner of the tract from which such 11 12 right-of-way was taken. Abandonment of pipeline 11 13 facilities requires approval from the federal energy 11 14 regulatory commission prior to this provision taking 11 15 effect. 11 16 2. To effect a reversion on nonuse of right-of- 11 17 way, the owner or holder of purported fee title to 11 18 such real estate shall serve notice upon the owner of 11 19 such right-of-way easement and, if filed of record, 11 20 successors in interest and upon any party in 11 21 possession of the real estate. The written notice 11 22 shall accurately describe the real estate and easement 11 23 in question, set out the facts concerning ownership of 11 24 the fee, ownership of the right-of-way easement, and 11 25 the period of abandonment or nonuse, and notify the 11 26 parties that such reversion shall be complete and 11 27 final, and that the easement or other right shall be 11 28 forfeited, unless the parties shall, within one 11 29 hundred twenty days after the completed service of 11 30 notice, file an affidavit with the county recorder of 11 31 the county in which the real estate is located 11 32 disputing the facts contained in the notice. 11 33 3. The notice shall be served in the same manner 11 34 as an original notice under the Iowa rules of civil 11 35 procedure, except that when notice is served by 11 36 publication an affidavit shall not be required before 11 37 publication. If an affidavit disputing the facts 11 38 contained in the notice is not filed within one 11 39 hundred twenty days, the party serving the notice may 11 40 file for record in the office of the county recorder a 11 41 copy of the notice with proofs of service attached and 11 42 endorsed, and when so recorded, the record shall be 11 43 constructive notice to all persons of the abandonment, 11 44 reversion, and forfeiture of such right-of-way. 11 45 4. Upon reversion of the easement, the landowner 11 46 may require the pipeline company to remove any pipe or 11 47 pipeline facility remaining on the property to the 11 48 extent such removal is in accordance with the terms of 11 49 the abandonment authority from the federal energy 11 50 regulatory commission. 12 1 5. If a pipeline right-of-way is abandoned for 12 2 pipeline use, but the pipe is not removed from the 12 3 right-of-way, the pipeline company shall remain 12 4 responsible for the additional costs of subsequent 12 5 tiling as provided for in section 479A.26, shall mark 12 6 the location of the line in response to a notice of 12 7 proposed excavation in accordance with chapter 480, 12 8 and shall remain subject to the damage provisions of 12 9 this chapter in the event access to or excavation 12 10 relating to the pipe is required. The landowner shall 12 11 provide reasonable access to the pipeline in order to 12 12 carry out the responsibilities of this subsection. 12 13 Sec. 7. Section 479B.20, Code 1997, is amended to 12 14 read as follows: 12 15 479B.20 LAND RESTORATION STANDARDS. 12 16 1. The board, pursuant to chapter 17A, shall adopt 12 17 rules establishing standards forthe protection of12 18underground improvements during the construction of12 19pipelines or underground storage facilities, to12 20protect soil conservation and drainage structures from12 21being permanently damaged by construction of the12 22pipeline or underground storage facility, and forthe 12 23 restoration of agricultural lands during and after 12 24 pipeline or underground storage facility construction. 12 25To ensure that all interested persons are informed of12 26this rulemaking procedure and are afforded a right to12 27participate, the board shall schedule an opportunity12 28for oral presentations on the proposed rulemaking,12 29and, inIn addition to the requirements of section 12 30 17A.4, the board shall distribute copies of the notice 12 31 of intended action and opportunity for oral 12 32 presentations to each county board of supervisors. 12 33 Any county board of supervisors may, under the 12 34 provisions of chapter 17A, and subsequent to the 12 35 rulemaking proceedings, petition under those 12 36 provisions for additional rulemaking to establish 12 37 standardsto protect soil conservation practices,12 38structures, and drainage structuresfor land 12 39 restoration after pipeline construction within that 12 40 county. Upon the request of the petitioning county, 12 41 the board shall schedule a hearing to consider the 12 42 merits of the petition.Rules adopted under this12 43section shall not apply within the boundaries of a12 44city unless the land is used for agricultural12 45purposes.Rules adopted under this section shall not 12 46 apply to land located within city boundaries, unless 12 47 the land is used for agricultural purposes. Rules 12 48 adopted under this section shall address, but are not 12 49 limited to, all of the following subject matters: 12 50 a. Topsoil separation and replacement. 13 1 b. Temporary and permanent repair to drain tile. 13 2 c. Removal of rocks and debris from the right-of- 13 3 way. 13 4 d. Restoration of areas of soil compaction. 13 5 e. Restoration of terraces, waterways, and other 13 6 erosion control structures. 13 7 f. Revegetation of untilled land. 13 8 g. Future installation of drain tile or soil 13 9 conservation structures. 13 10 h. Restoration of land slope and contour. 13 11 i. Restoration of areas used for field entrances 13 12 and temporary roads. 13 13 j. Construction in wet conditions. 13 14 k. Designation of a pipeline company point of 13 15 contact for landowner inquiries or claims. 13 16 2. The county board of supervisors shall cause an 13 17 on-site inspection for compliance with the standards 13 18 adopted under this section to be performed at any 13 19 pipeline construction project in the county. A 13 20 licensed professional engineer familiar with the 13 21 standards adopted under this section and registered 13 22 under chapter 542B shall be responsible for the 13 23 inspection. A county board of supervisors may 13 24 contract for the services of a licensed professional 13 25 engineer for the purposes of the inspection. The 13 26 reasonable costs of the inspection shall be paid by 13 27 the pipeline company. 13 28 3. If the inspector determines that there has been 13 29 a violation of the standards adopted under this 13 30 section, of the land restoration plan, or of an 13 31 independent agreement on land restoration executed in 13 32 accordance with subsection 10, the inspector shall 13 33 give oral notice, followed by written notice, to the 13 34 pipeline company and the contractor operating for the 13 35 pipeline company and order corrective action to be 13 36 taken in compliance with the standards. The costs of 13 37 the corrective action shall be borne by the contractor 13 38 operating for the pipeline company. 13 394. As a part of the inspection process, the13 40inspector shall ascertain that the trench excavation13 41has been filled in a manner to provide that the13 42topsoil has been replaced on top and rocks and debris13 43have been removed from the topsoil of the easement13 44area. An existing topsoil layer extending at least13 45one foot in width on either side of the pipeline13 46excavation at a maximum depth of twelve inches shall13 47be removed separately and shall be stockpiled and13 48preserved separately during subsequent construction13 49operations, unless other means for separating the13 50topsoil are provided in the easement. The topsoil14 1shall be replaced so the upper portion of the pipeline14 2excavation and the crowned surface shall contain only14 3the topsoil originally removed.14 45.4.Adequate inspection ofThe inspector shall 14 5 adequately inspect underground improvements altered 14 6 during construction of the pipeline. The inspection 14 7 shall be conducted at the time of the replacement or 14 8 repair of the underground improvements.AnThe 14 9 inspector shall be present on the site at all times at 14 10 each phase and separate activity of the opening of the 14 11 trench, the restoration of underground improvements, 14 12 and backfilling. The pipeline company and its 14 13 contractor shall keep all county inspectors 14 14 continually informed of the work schedule and any 14 15 schedule changes. If proper notice is given, 14 16 construction shall not be delayed due to the 14 17 inspector's failure to be present on the site. 14 186.5. If the pipeline company or its contractor 14 19 does not comply with the orders of the inspector for 14 20 compliance with the standards, with the land 14 21 restoration plan, or with an independent agreement on 14 22 land restoration executed in accordance with 14 23 subsection 10, the county board of supervisors may 14 24direct the county attorney to petition the district14 25courtpetition the board for an order requiring 14 26 corrective action to be taken in compliance with the 14 27 standards adopted under this section. In addition, 14 28 the county board of supervisors may file a complaint 14 29 with the board seeking imposition of civil penalties 14 30 under section 479B.21. 14 317.6. The pipeline company shall allow landowners 14 32 and inspectors to view the proposed center line of the 14 33 pipeline prior to commencing trenching operations to 14 34 ensure that construction takes place in its proper 14 35 location. 14 368.7. An inspector may temporarily halt the 14 37 construction if the construction is not in compliance 14 38 with the law and the standards adopted pursuant to 14 39 law, the land restoration plan, or the terms ofthean 14 40 independent agreement with the pipeline company 14 41 regardingtopsoil removal and replacement, drainage14 42structures, soil moisture conditions, or the location14 43of constructionline location or land restoration 14 44 executed in accordance with subsection 10, until the 14 45 inspector consults with the supervisory personnel of 14 46 the pipeline company.If the construction is then14 47continued over the inspector's objection and is found14 48not to be in compliance with the law or agreement and14 49is found to cause damage, any civil penalty recovered14 50under section 479B.21 as a result of that violation15 1shall be paid to the landowner.15 29.8. The board shall instruct inspectors 15 3 appointed by the board of supervisors regarding the 15 4 content of the statutes and rules and the inspector's 15 5 responsibility to require construction conforming with 15 6 the standards provided by this chapter. 15 710.9.Any underground drain tile damaged, cut, or15 8removed shall be temporarily repaired and maintained15 9as necessary to allow for its proper function during15 10construction of the pipeline or underground storage15 11facility. If temporary repair is not determined to be15 12necessary, the exposed tile shall nonetheless be15 13screened or otherwise protected to prevent the entry15 14of any foreign material or small animals into the tile15 15line system.Petitioners for a permit for pipeline 15 16 construction shall file with the petition a written 15 17 land restoration plan showing how the requirements of 15 18 this section, and of rules adopted pursuant to this 15 19 section, will be met. The company shall provide 15 20 copies of the plan to all landowners of property that 15 21 will be disturbed by the construction. 15 2211.10. This section does not preclude the 15 23 application of provisions for protecting or restoring 15 24 property that are different than those prescribed in 15 25 this section, in rules adopted under this section, or 15 26 in the land restoration plan, if the alternative 15 27 provisions are contained in agreements independently 15 28 executed by the pipeline company and the landowner, 15 29 and if the alternative provisions are not inconsistent 15 30 with state law or with rules adopted by the board. 15 31 Independent agreements on land restoration or line 15 32 location between the landowner and pipeline company 15 33 shall be in writing and a copy provided to the county 15 34 inspector. 15 35 11. For the purposes of this section, 15 36 "construction" includes the removal of a previously 15 37 constructed pipeline. 15 38 12. The requirements of this section shall apply 15 39 only to pipeline construction projects commenced on or 15 40 after June 1, 1998. 15 41 Sec. 8. Section 479B.29, subsection 1, Code 1997, 15 42 is amended to read as follows: 15 43 1. Compensable losses shall include, but are not 15 44 limited to, all of the following: 15 45 a. Loss or reduced yield of crops or forage on the 15 46 pipeline right-of-way, whether caused directly by 15 47 construction or from disturbance of usual farm 15 48 operations. 15 49 b. Loss or reduced yield of crops or yield from 15 50 land near the pipeline right-of-way resulting from 16 1 lack of timely access to the land or other disturbance 16 2 of usual farm operations, including interference with 16 3 irrigation. 16 4 c. Fertilizer, lime, or organic material applied 16 5 by the landowner to restore land disturbed by 16 6 construction to full productivity. 16 7 d. Loss of or damage to trees of commercial or 16 8 other value that occurs at the time of construction or 16 9 at the time of any subsequent work by the pipeline 16 10 outside of the area cleared during construction. 16 111.e. The cost of moving or relocating livestock, 16 12 and the loss of gain by or the death or injury of 16 13 livestock caused by the interruption or relocation of 16 14 normal feedingof the livestock caused by the16 15construction or repair of a pipeline or underground16 16storage facility is a compensable loss and shall be16 17recognized by a pipeline company. 16 18 f. Erosion on lands caused by construction. 16 19 g. Damage to farm equipment caused by striking a 16 20 pipeline while engaged in normal farming operations as 16 21 defined in section 480.1. 16 22 Sec. 9. NEW SECTION. 479B.32 REVERSION ON 16 23 NONUSE. 16 24 1. If a pipeline right-of-way, or any part of the 16 25 pipeline right-of-way, is wholly abandoned for 16 26 pipeline purposes by the relocation of the line, is 16 27 not used or operated for a period of five consecutive 16 28 years, or if the construction of the pipeline has been 16 29 commenced and work has ceased and has not in good 16 30 faith resumed for five years, the right-of-way may 16 31 revert as provided in this section to the person who, 16 32 at the time of the abandonment or nonuse, is the owner 16 33 of the tract from which such right-of-way was taken. 16 34 For purposes of this section, a pipeline is not 16 35 considered abandoned or unused if it is transporting 16 36 product or is being actively maintained with 16 37 reasonable anticipation of a future use. 16 38 2. To effect a reversion on nonuse of right-of- 16 39 way, the owner or holder of purported fee title to 16 40 such real estate shall serve notice upon the owner of 16 41 such right-of-way easement and, if filed of record, 16 42 successors in interest and upon any party in 16 43 possession of the real estate. The written notice 16 44 shall accurately describe the real estate and easement 16 45 in question, set out the facts concerning ownership of 16 46 the fee, ownership of the right-of-way easement, and 16 47 the period of abandonment or nonuse, and notify the 16 48 parties that such reversion shall be complete and 16 49 final, and that the easement or other right shall be 16 50 forfeited, unless the parties shall, within one 17 1 hundred twenty days after the completed service of 17 2 notice, file an affidavit with the county recorder of 17 3 the county in which the real estate is located 17 4 disputing the facts contained in the notice. 17 5 3. The notice shall be served in the same manner 17 6 as an original notice under the Iowa rules of civil 17 7 procedure, except that when notice is served by 17 8 publication an affidavit shall not be required before 17 9 publication. If an affidavit disputing the facts 17 10 contained in the notice is not filed within one 17 11 hundred twenty days, the party serving the notice may 17 12 file for record in the office of the county recorder a 17 13 copy of the notice with proofs of service attached and 17 14 endorsed, and when so recorded, the record shall be 17 15 constructive notice to all persons of the abandonment, 17 16 reversion, and forfeiture of such right-of-way. 17 17 4. Upon reversion of the easement, the landowner 17 18 may require the pipeline company to remove any pipe or 17 19 pipeline facility remaining on the property. 17 20 5. If a pipeline right-of-way is abandoned for 17 21 pipeline use, but the pipe is not removed from the 17 22 right-of-way, the pipeline company shall remain 17 23 responsible for the additional costs of subsequent 17 24 tiling as provided for in section 479B.31, shall mark 17 25 the location of the line in response to a notice of 17 26 proposed excavation in accordance with chapter 480, 17 27 and shall remain subject to the damage provisions of 17 28 this chapter in the event access to or excavation 17 29 relating to the pipe is required. The landowner shall 17 30 provide reasonable access to the pipeline in order to 17 31 carry out the responsibilities of this subsection. 17 32 Sec. 10. EFFECTIVE DATE. This Act takes effect on 17 33 June 1, 1998." 17 34 #2. Title page, lines 1 and 2, by striking the 17 35 words "security for damages arising from the 17 36 abandonment of natural gas". 17 37 #3. Title page, line 2, by inserting after the 17 38 word "pipelines" the following: ", the restoration of 17 39 agricultural lands, making penalties applicable, and 17 40 providing an effective date". 17 41 17 42 17 43 17 44 KITTY REHBERG 17 45 SF 2201.501 77 17 46 tm/jw/28
Text: S05154 Text: S05156 Text: S05100 - S05199 Text: S Index Bills and Amendments: General Index Bill History: General Index
© 1998 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Fri Mar 6 03:45:32 CST 1998
URL: /DOCS/GA/77GA/Legislation/S/05100/S05155/980305.html
jhf