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PAG LIN 1 1 Section 1. Section 479.29, Code 1999, is amended to read 1 2 as follows: 1 3 479.29CONSTRUCTION STANDARDSLAND RESTORATION. 1 4 1. The board shall, pursuant to chapter 17A, adopt rules 1 5 establishing standardsfor the protection of underground1 6improvements during the construction of pipelines, to protect1 7soil conservation and drainage structures from being1 8permanently damaged by pipeline construction andfor the 1 9 restoration of agricultural lands during and after pipeline 1 10 construction.To ensure that all interested persons are1 11informed of this rulemaking procedure and are afforded a right1 12to participate, the board shall schedule an opportunity for1 13oral presentations on the proposed rulemaking, and, inIn 1 14 addition to the requirements of section 17A.4, the board shall 1 15 distribute copies of the notice of intended action and 1 16 opportunity for oral presentations to each county board of 1 17 supervisors. Any county board of supervisors may, under the 1 18 provisions of chapter 17A, and subsequent to the rulemaking 1 19 proceedings, petition under those provisions for additional 1 20 rulemaking to establish standardsto protect soil conservation1 21practices, structures and drainage structuresfor land 1 22 restoration after pipeline construction within that county. 1 23 Upon the request of the petitioning county the board shall 1 24 schedule a hearing to consider the merits of the petition. 1 25Rules adopted under this section shall not apply within the1 26boundaries of a city, unless the land is used for agricultural1 27purposes.Rules adopted under this section shall not apply to 1 28 land located within city boundaries, unless the land is used 1 29 for agricultural purposes. Rules adopted under this section 1 30 shall address, but are not limited to, all of the following 1 31 subject matters: 1 32 a. Topsoil separation and replacement. 1 33 b. Temporary and permanent repair to drain tile. 1 34 c. Removal of rocks and debris from the right-of-way. 1 35 d. Restoration of areas of soil compaction. 2 1 e. Restoration of terraces, waterways, and other erosion 2 2 control structures. 2 3 f. Revegetation of untilled land. 2 4 g. Future installation of drain tile or soil conservation 2 5 structures. 2 6 h. Restoration of land slope and contour. 2 7 i. Restoration of areas used for field entrances and 2 8 temporary roads. 2 9 j. Construction in wet conditions. 2 10 k. Designation of a pipeline company point of contact for 2 11 landowner inquiries or claims. 2 12 2. The county board of supervisors shall cause an on-site 2 13 inspection for compliance with the standards adopted under 2 14 this section to be performed at any pipeline construction 2 15 project in the county. A licensed professional engineer 2 16 familiar with the standards adopted under this section and 2 17 registered under chapter 542B shall beinresponsiblecharge2 18offor the inspection. A county board of supervisors may 2 19 contract for the services of a licensed professional engineer 2 20 for the purposes of the inspection. The reasonable costs of 2 21 the inspection shall be borne by the pipeline company. 2 22 3. If the inspector determines that there has been a 2 23 violation of the standards adopted under this section, of the 2 24 land restoration plan, or of an independent agreement on land 2 25 restoration or line location executed in accordance with 2 26 subsection 10, the inspector shall give oral notice, followed 2 27 by written notice, to the pipeline company and the contractor 2 28 operating for the pipeline company and order corrective action 2 29 to be taken in compliance with the standards. The costs of 2 30 the corrective action shall be borne by the contractor 2 31 operating for the pipeline company. 2 324. As a part of the inspection process, the inspector2 33shall ascertain that the trench excavation has been filled in2 34a manner to provide that the topsoil has been replaced on top2 35and rocks and debris have been removed from the topsoil of the3 1easement area. An existing topsoil layer extending at least3 2one foot in width on either side of the pipeline excavation at3 3a maximum depth of twelve inches shall be removed separately3 4and shall be stockpiled and preserved separately during3 5subsequent construction operations, unless other means for3 6separating the topsoil are provided in the easement. The3 7topsoil shall be replaced so the upper portion of the pipeline3 8excavation and the crowned surface shall contain only the3 9topsoil originally removed.3 105.4.Adequate inspection ofAn inspector shall adequately 3 11 inspect underground improvements altered during construction 3 12 of pipeline. An inspection shall be conducted at the time of 3 13 the replacement or repair of the underground improvements. An 3 14 inspector shall be present on the site at all times at each 3 15 phase and separate activity of the opening of the trench, the 3 16 restoration of underground improvements, and backfilling. The 3 17 pipeline company and its contractor shall keepall county3 18inspectorsan inspector continually informed of the work 3 19 schedule and any schedule changes. If proper notice is given, 3 20 construction shall not be delayed due to an inspector's 3 21 failure to be present on the site. 3 226.5. If the pipeline company or its contractor does not 3 23 comply with theorders of the inspector for compliance with3 24the standardsrequirements of this section, with the land 3 25 restoration plan, or with an independent agreement on land 3 26 restoration or line location executed in accordance with 3 27 subsection 10, the county board of supervisors maydirect the3 28county attorney to petition the district courtpetition the 3 29 board for an order requiring corrective action to be takenin3 30compliance with the standards adopted under this section. In 3 31 addition, the county board of supervisors may file a complaint 3 32 with the board seeking imposition of civil penalties pursuant 3 33 to section 479.31. 3 347.6. The pipeline company shall allow landowners and 3 35inspectorsthe inspector to view the proposed center line of 4 1 the pipeline prior to commencing trenching operations to 4 2 insure that construction takes place in its proper location. 4 38.7. An inspector may temporarily halt the construction 4 4 if the construction is not in compliance withthe lawthis 4 5 chapter and the standards adopted pursuant to this chapter, 4 6 the land restoration plan, or the terms ofthean independent 4 7 agreement with the pipeline company regardingtopsoil removal4 8and replacement, drainage structures, soil moisture conditions4 9or the location of constructionland restoration or line 4 10 location executed in accordance with subsection 10, until the 4 11 inspector consults with the supervisory personnel of the 4 12 pipeline company.If the construction is then continued over4 13the inspector's objection and is found to not be in compliance4 14with the law or agreement and is found to cause damage, any4 15civil penalty recovered under section 479.31 as a result of4 16that violation shall be paid to the landowner.4 179.8. The board shall instruct inspectors appointed by the 4 18 board of supervisors regarding the content of the statutes and 4 19 rules and the inspector's responsibility to require 4 20 construction conforming with the standards provided by this 4 21 chapter. 4 2210.9.Any underground drain tile damaged, cut, or removed4 23shall be temporarily repaired and maintained as necessary to4 24allow for its proper function during construction of the4 25pipeline. If temporary repair is not determined to be4 26necessary, the exposed line will nonetheless be screened or4 27otherwise protected to prevent the entry of any foreign4 28material, small animals, etc. into the tile line system.4 29 Petitioners for a permit for pipeline construction shall file 4 30 with the petition a written land restoration plan showing how 4 31 the requirements of this section, and of rules adopted 4 32 pursuant to this section, will be met. The petitioners shall 4 33 provide copies of the plan to all landowners of property that 4 34 will be disturbed by the construction. 4 35 10. This section does not preclude the application of 5 1 provisions for protecting or restoring property that are 5 2 different than those prescribed in this section, in rules 5 3 adopted pursuant to this section, or in the land restoration 5 4 plan, if the alternative provisions are contained in 5 5 agreements independently executed by the pipeline company and 5 6 landowner, and if the alternative provisions are not 5 7 inconsistent with state law or with rules adopted by the 5 8 board. Independent agreements on land restoration or line 5 9 location between the landowner and pipeline company shall be 5 10 in writing and a copy provided to the county inspector. 5 11 11. For purposes of this section, "construction" includes 5 12 the removal of a previously constructed pipeline. 5 13 12. The requirements of this section shall apply only to 5 14 pipeline construction projects commenced on or after the 5 15 effective date of this Act. 5 16 Sec. 2. Section 479.45, Code 1999, is amended to read as 5 17 follows: 5 18 479.45 PARTICULAR DAMAGE CLAIMS. 5 19 1. Compensable losses shall include, but are not limited 5 20 to, all of the following: 5 21 a. Loss or reduced yield of crops or forage on the 5 22 pipeline right-of-way, whether caused directly by construction 5 23 or from disturbance of usual farm operations. 5 24 b. Loss or reduced yield of crops or yield from land near 5 25 the pipeline right-of-way resulting from lack of timely access 5 26 to the land or other disturbance of usual farm operations, 5 27 including interference with irrigation. 5 28 c. Fertilizer, lime, or organic material applied by the 5 29 landowner to restore land disturbed by construction to full 5 30 productivity. 5 31 d. Loss of or damage to trees of commercial or other value 5 32 that occurs at the time of construction, restoration, or at 5 33 the time of any subsequent work by the pipeline company. 5 341.e. The cost of or losses in moving or relocating 5 35 livestock, and the loss of gain by or the death or injury of 6 1 livestock caused by the interruption or relocation of normal 6 2 feedingof the livestock caused by the construction or repair6 3of a pipeline is a compensable loss and shall be recognized as6 4such by a pipeline company. 6 5 f. Erosion on lands attributable to pipeline construction. 6 6 g. Damage to farm equipment caused by striking a pipeline, 6 7 debris, or other material reasonably associated with pipeline 6 8 construction while engaged in normal farming operations as 6 9 defined in section 480.1. 6 10 2. A claim for damage for future crop deficiency within 6 11 the easement strip shall not be precluded from renegotiation 6 12 under section 6B.52 on the grounds that it was apparent at the 6 13 time of settlement unless the settlement expressly releases 6 14 the pipeline company from claims for damage to the 6 15 productivity of the soil. The landowner shall notify the 6 16 companythirtyin writing seven days prior to harvest in each 6 17 year to assess crop deficiency. 6 18 Sec. 3. NEW SECTION. 479.48 REVERSION ON NONUSE. 6 19 1. If a pipeline right-of-way, or any part of a pipeline 6 20 right-of-way, is wholly abandoned for pipeline purposes by the 6 21 relocation of the pipeline, is not used or operated for a 6 22 period of five consecutive years, or if the construction of 6 23 the pipeline has been commenced and work has ceased and has 6 24 not in good faith resumed for five years, the right-of-way may 6 25 revert as provided in this section to the person who, at the 6 26 time of the abandonment or nonuse, is the owner of the tract 6 27 from which such right-of-way was taken. For purposes of this 6 28 section, a pipeline is not considered abandoned or unused if 6 29 it is transporting product or is being actively maintained 6 30 with reasonable anticipation of a future use. 6 31 2. To effect a reversion on nonuse of right-of-way, the 6 32 owner or holder of purported fee title to such real estate 6 33 shall serve notice upon the owner of such right-of-way 6 34 easement and, if filed of record, successors in interest and 6 35 upon any party in possession of the real estate. The written 7 1 notice shall accurately describe the real estate and easement 7 2 in question, set out the facts concerning ownership of the 7 3 fee, ownership of the right-of-way easement, and the period of 7 4 abandonment or nonuse, and notify the parties that such 7 5 reversion shall be complete and final, and that the easement 7 6 or other right shall be forfeited, unless the parties shall, 7 7 within one hundred twenty days after the completed service of 7 8 notice, file an affidavit with the county recorder of the 7 9 county in which the real estate is located disputing the facts 7 10 contained in the notice. 7 11 3. The notice shall be served in the same manner as an 7 12 original notice under the Iowa rules of civil procedure, 7 13 except that when notice is served by publication an affidavit 7 14 shall not be required before publication. If an affidavit 7 15 disputing the facts contained in the notice is not filed 7 16 within one hundred twenty days, the party serving the notice 7 17 may file for record in the office of the county recorder a 7 18 copy of the notice with proofs of service attached and 7 19 endorsed, and when so recorded, the record shall be 7 20 constructive notice to all persons of the abandonment, 7 21 reversion, and forfeiture of such right-of-way. 7 22 4. Upon reversion of the easement, the landowner may 7 23 require the pipeline company to remove any pipe or pipeline 7 24 facility remaining on the property. Provisions of this 7 25 chapter relating to damages shall apply when the pipeline is 7 26 removed. 7 27 5. If a pipeline right-of-way is abandoned for pipeline 7 28 use, but the pipe is not removed from the right-of-way, the 7 29 pipeline company shall remain responsible for the additional 7 30 costs of subsequent tiling as provided for in section 479.47, 7 31 shall mark the location of the line in response to a notice of 7 32 proposed excavation in accordance with chapter 480, and shall 7 33 remain subject to the damage provisions of this chapter in the 7 34 event access to or excavation relating to the pipe is 7 35 required. The landowner shall provide reasonable access to 8 1 the pipeline in order to carry out the responsibilities of 8 2 this subsection. 8 3 Sec. 4. Section 479A.14, Code 1999, is amended to read as 8 4 follows: 8 5 479A.14 LAND RESTORATION – STANDARDS – INSPECTION. 8 6 1. The board shall adopt rules establishing standardsto8 7protect underground improvements during the construction of8 8pipelines, to protect soil conservation and drainage8 9structures from being permanently damaged by pipeline8 10construction, andfor the restoration of agricultural lands 8 11 during and after pipeline construction.To ensure that all8 12interested persons are informed of this rulemaking procedure8 13and are afforded a right to participate, the board shall8 14schedule an opportunity for oral presentations on the proposed8 15rulemaking and, inIn addition to the requirements of section 8 16 17A.4, the board shall distribute copies of the notice of 8 17 intended action and opportunity for oral presentations to each 8 18 county board of supervisors. A county board of supervisors 8 19 may, under chapter 17A and subsequent to the rulemaking 8 20 proceedings, petition for additional rulemaking to establish 8 21 standardsto protect soil conservation practices, structures,8 22and drainage structuresfor land restoration after pipeline 8 23 construction within that county. Upon the request of the 8 24 petitioning county, the board shall schedule a hearing to 8 25 consider the merits of the petition.Rules adopted under this8 26section do not apply within the boundaries of a city, unless8 27the land is used for agricultural purposes.Rules adopted 8 28 under this section shall not apply to land located within city 8 29 boundaries, unless the land is used for agricultural purposes. 8 30 Rules adopted under this section shall address, but are not 8 31 limited to, all of the following subject matters: 8 32 a. Topsoil separation and replacement. 8 33 b. Temporary and permanent repair to drain tile. 8 34 c. Removal of rocks and debris from the right-of-way. 8 35 d. Restoration of areas of soil compaction. 9 1 e. Restoration of terraces, waterways, and other erosion 9 2 control structures. 9 3 f. Revegetation of untilled land. 9 4 g. Future installation of drain tile or soil conservation 9 5 structures. 9 6 h. Restoration of land slope and contour. 9 7 i. Restoration of areas used for field entrances and 9 8 temporary roads. 9 9 j. Construction in wet conditions. 9 10 k. Designation of a pipeline company point of contact for 9 11 landowner inquiries or claims. 9 12 2. The county board of supervisors shall cause an on-site 9 13 inspection for compliance with the standards adopted under 9 14 this section to be performed at any pipeline construction 9 15 project in the county. A licensed professional engineer 9 16 familiar with the standards adopted under this section and 9 17 registered under chapter 542B shall beplaced in charge of9 18 responsible for the inspection. The reasonable costs of the 9 19 inspection shall be borne by the pipeline company. 9 20 3. If the inspector determines that there has been a 9 21 violation of the standards adopted under this section, of the 9 22 land restoration plan, or of an independent agreement on land 9 23 restoration executed in accordance with subsection 10, the 9 24 inspector shall give oral notice, followed by written notice, 9 25 to the pipeline company and the contractor operating for the 9 26 pipeline company, and order corrective action to be taken in 9 27 compliance with the standards. The costs of the corrective 9 28 action shall be borne by the contractor operating for the 9 29 pipeline company. 9 304. As a part of the inspection process, the inspector9 31shall ascertain that the trench excavation has been filled in9 32a manner to provide that the topsoil has been replaced on top9 33and rocks and debris have been removed from the topsoil of the9 34easement area. An existing topsoil layer extending at least9 35one foot in width on either side of the pipeline excavation at10 1a maximum depth of one foot shall be removed separately and10 2shall be stockpiled and preserved separately during subsequent10 3construction operations, unless other means for separating the10 4topsoil are provided in the easement. The topsoil shall be10 5replaced so the upper portion of the pipeline excavation and10 6the crowned surface contain only the topsoil originally10 7removed.10 85.4.Adequate inspection ofAn inspector shall adequately 10 9 inspect underground improvements altered during construction 10 10 of a pipeline. An inspection shall be conducted at the time 10 11 of the replacement or repair of the underground improvements. 10 12 An inspector shall be present on the site at all times at each 10 13 phase and separate activity of the opening of the trench, the 10 14 restoration of underground improvements, and backfilling. The 10 15 pipeline company and its contractor shall keepall county10 16inspectorsan inspector continually informed of the work 10 17 schedule and any schedule changes. If proper notice is given, 10 18 construction shall not be delayed due to an inspector's 10 19 failure to be present on the site. 10 206.5. If the pipeline company or its contractor does not 10 21 comply with theorders of the inspector for compliance with10 22the standardsrequirements of this section, with the land 10 23 restoration plan, or with an independent agreement on land 10 24 restoration executed in accordance with subsection 10, the 10 25 county board of supervisors maydirect the county attorney to10 26petition the district courtpetition the board for an order 10 27 requiring corrective action to be takenin compliance with the10 28standards adopted under this section. In addition, the county 10 29 board of supervisors may file a complaint with the board 10 30 seeking imposition of civil penalties pursuant to section 10 31 479A.16. 10 327.6. The pipeline company shall allow landowners and 10 33inspectorsthe inspector to view the proposed center line of 10 34 the pipeline before commencing trenching operations to ensure 10 35 that construction takes place in the proper location. 11 18.7. An inspector may temporarily halt the construction 11 2 if the construction is not in compliance with this chapter and 11 3 the standards adopted underitthis chapter, the land 11 4 restoration plan approved by the board, or the terms ofthean 11 5 independent agreement with the pipeline company regarding 11 6topsoil removal and replacement, drainage structures, soil11 7moisture conditions, or the location of construction,line 11 8 location or land restoration executed in accordance with 11 9 subsection 10, until the inspector consults with the 11 10 supervisory personnel of the pipeline company.If the11 11construction is continued over the inspector's objection and11 12is found not to be in compliance with this chapter, the11 13standards, or the agreement, and is found to cause damage, a11 14civil penalty recovered under section 479A.16 as a result of11 15that violation shall be paid to the landowner.11 169.8. The board shall instruct inspectors appointed by the 11 17 county board of supervisors regarding the content of this 11 18 chapter and the standards and the inspectors' responsibility 11 19 to require construction conforming with them. 11 2010.9.An underground drain tile damaged, cut, or removed11 21shall be temporarily repaired and maintained as necessary to11 22allow for its proper function during construction of the11 23pipeline. If temporary repair is determined not to be11 24necessary, the exposed line shall be screened or otherwise11 25protected to prevent the entry of foreign material or small11 26animals into the tile line system.Prior to the initiation of 11 27 construction, the pipeline company shall file a written land 11 28 restoration plan with the board describing the methods and 11 29 procedures by which compliance with this section and the 11 30 standards adopted under this section will be achieved. The 11 31 board shall review this plan to insure that the requirements 11 32 of this section and rules adopted pursuant to this section are 11 33 met. After board review, the pipeline company shall provide 11 34 copies of the plan to all landowners of property that will be 11 35 disturbed by the construction. The requirements of this 12 1 subsection may be waived by the board to the extent an 12 2 environmental impact statement addressing the land restoration 12 3 subjects in subsection 1 was prepared by the federal energy 12 4 regulatory commission. 12 511.10. This section does not preclude the application of 12 6 provisions for protecting or restoring property that are 12 7 different than those prescribed in this section, in rules 12 8 adopted pursuant to this section, or in the land restoration 12 9 plan if the alternative provisions are contained in agreements 12 10 independently executed by the pipeline company and the 12 11 landowner, and if the alternative provisions are not 12 12 inconsistent with state law or with rules adopted by the 12 13 board. Independent agreements on land restoration or line 12 14 location between the landowner and pipeline company shall be 12 15 in writing and a copy provided to the county inspector. 12 16 11. For the purposes of this section, "construction" 12 17 includes the removal of a previously constructed pipeline. 12 18 12. The requirements of this section shall not apply to 12 19 pipeline projects that have received a certificate from the 12 20 federal energy regulatory commission prior to the effective 12 21 date of this Act. 12 22 Sec. 5. Section 479A.24, subsections 1 and 2, Code 1999, 12 23 are amended to read as follows: 12 24 1. Compensable losses shall include, but are not limited 12 25 to, all of the following: 12 26 a. Loss or reduced yield of crops or forage on the 12 27 pipeline right-of-way, whether caused directly by construction 12 28 or from disturbance of usual farm operations. 12 29 b. Loss or reduced yield of crops or yield from land near 12 30 the pipeline right-of-way resulting from lack of timely access 12 31 to the land or other disturbance of usual farm operations, 12 32 including interference with irrigation. 12 33 c. Fertilizer, lime, or organic material applied by the 12 34 landowner to restore land disturbed by construction to full 12 35 productivity. 13 1 d. Loss of or damage to trees of commercial or other value 13 2 that occurs at the time of construction, restoration, or at 13 3 the time of any subsequent work by the pipeline company. 13 41.e. The cost of or losses in moving or relocating 13 5 livestock, and the loss of gain by, or the death or injury of 13 6 livestock caused by the interruption or relocation of normal 13 7 feedingof the livestock due to the construction or repair of13 8a pipeline is a compensable loss and shall be so recognized by13 9a pipeline company. 13 10 f. Erosion on lands attributable to pipeline construction. 13 11 g. Damage to farm equipment caused by striking a pipeline, 13 12 debris, or other material reasonably associated with pipeline 13 13 construction while engaged in normal farming operations as 13 14 defined in section 480.1. 13 15 2. A claim for damage for future crop deficiency within 13 16 the easement strip shall not be precluded from renegotiation 13 17 under section 6B.52 on the grounds that it was apparent at the 13 18 time of settlement unless the settlement expressly releases 13 19 the pipeline company from claims for damage to the 13 20 productivity of the soil. The landowner shall notify the 13 21 companythirtyin writing seven days prior to harvest in each 13 22 year to assess crop deficiency. 13 23 Sec. 6. NEW SECTION. 479A.27 REVERSION ON NONUSE. 13 24 1. If a pipeline right-of-way, or any part of a pipeline 13 25 right-of-way, is wholly abandoned for pipeline purposes by the 13 26 relocation of the pipeline, is not used or operated for a 13 27 period of five consecutive years, or if the construction of 13 28 the pipeline has been commenced and work has ceased and has 13 29 not in good faith resumed for five years, the right-of-way may 13 30 revert as provided in this section to the person who, at the 13 31 time of the abandonment or nonuse, is the owner of the tract 13 32 from which such right-of-way was taken. Abandonment of 13 33 pipeline facilities requires approval from the federal energy 13 34 regulatory commission prior to this provision taking effect. 13 35 2. To effect a reversion on nonuse of right-of-way, the 14 1 owner or holder of purported fee title to such real estate 14 2 shall serve notice upon the owner of such right-of-way 14 3 easement and, if filed of record, successors in interest and 14 4 upon any party in possession of the real estate. The written 14 5 notice shall accurately describe the real estate and easement 14 6 in question, set out the facts concerning ownership of the 14 7 fee, ownership of the right-of-way easement, and the period of 14 8 abandonment or nonuse, and notify the parties that such 14 9 reversion shall be complete and final, and that the easement 14 10 or other right shall be forfeited, unless the parties shall, 14 11 within one hundred twenty days after the completed service of 14 12 notice, file an affidavit with the county recorder of the 14 13 county in which the real estate is located disputing the facts 14 14 contained in the notice. 14 15 3. The notice shall be served in the same manner as an 14 16 original notice under the Iowa rules of civil procedure, 14 17 except that when notice is served by publication an affidavit 14 18 shall not be required before publication. If an affidavit 14 19 disputing the facts contained in the notice is not filed 14 20 within one hundred twenty days, the party serving the notice 14 21 may file for record in the office of the county recorder a 14 22 copy of the notice with proofs of service attached and 14 23 endorsed, and when so recorded, the record shall be 14 24 constructive notice to all persons of the abandonment, 14 25 reversion, and forfeiture of such right-of-way. 14 26 4. Upon reversion of the easement, the landowner may 14 27 require the pipeline company to remove any pipe or pipeline 14 28 facility remaining on the property to the extent such removal 14 29 is in accordance with the terms of the abandonment authority 14 30 from the federal energy regulatory commission. Provisions of 14 31 this chapter relating to damages shall apply when the pipeline 14 32 is removed. 14 33 5. If a pipeline right-of-way is abandoned for pipeline 14 34 use, but the pipe is not removed from the right-of-way, the 14 35 pipeline company shall remain responsible for the additional 15 1 costs of subsequent tiling as provided for in section 479A.26, 15 2 shall mark the location of the line in response to a notice of 15 3 proposed excavation in accordance with chapter 480, and shall 15 4 remain subject to the damage provisions of this chapter in the 15 5 event access to or excavation relating to the pipe is 15 6 required. The landowner shall provide reasonable access to 15 7 the pipeline in order to carry out the responsibilities of 15 8 this subsection. 15 9 Sec. 7. Section 479B.20, Code 1999, is amended to read as 15 10 follows: 15 11 479B.20 LAND RESTORATION STANDARDS. 15 12 1. The board, pursuant to chapter 17A, shall adopt rules 15 13 establishing standards forthe protection of underground15 14improvements during the construction of pipelines or15 15underground storage facilities, to protect soil conservation15 16and drainage structures from being permanently damaged by15 17construction of the pipeline or underground storage facility,15 18and forthe restoration of agricultural lands during and after 15 19 pipeline or underground storage facility construction.To15 20ensure that all interested persons are informed of this15 21rulemaking procedure and are afforded a right to participate,15 22the board shall schedule an opportunity for oral presentations15 23on the proposed rulemaking, and, inIn addition to the 15 24 requirements of section 17A.4, the board shall distribute 15 25 copies of the notice of intended action and opportunity for 15 26 oral presentations to each county board of supervisors. Any 15 27 county board of supervisors may, under the provisions of 15 28 chapter 17A, and subsequent to the rulemaking proceedings, 15 29 petition under those provisions for additional rulemaking to 15 30 establish standardsto protect soil conservation practices,15 31structures, and drainage structuresfor land restoration after 15 32 pipeline construction within that county. Upon the request of 15 33 the petitioning county, the board shall schedule a hearing to 15 34 consider the merits of the petition.Rules adopted under this15 35section shall not apply within the boundaries of a city unless16 1the land is used for agricultural purposes.Rules adopted 16 2 under this section shall not apply to land located within city 16 3 boundaries, unless the land is used for agricultural purposes. 16 4 Rules adopted under this section shall address, but are not 16 5 limited to, all of the following subject matters: 16 6 a. Topsoil separation and replacement. 16 7 b. Temporary and permanent repair to drain tile. 16 8 c. Removal of rocks and debris from the right-of-way. 16 9 d. Restoration of areas of soil compaction. 16 10 e. Restoration of terraces, waterways, and other erosion 16 11 control structures. 16 12 f. Revegetation of untilled land. 16 13 g. Future installation of drain tile or soil conservation 16 14 structures. 16 15 h. Restoration of land slope and contour. 16 16 i. Restoration of areas used for field entrances and 16 17 temporary roads. 16 18 j. Construction in wet conditions. 16 19 k. Designation of a pipeline company point of contact for 16 20 landowner inquiries or claims. 16 21 2. The county board of supervisors shall cause an on-site 16 22 inspection for compliance with the standards adopted under 16 23 this section to be performed at any pipeline construction 16 24 project in the county. A licensed professional engineer 16 25 familiar with the standards adopted under this section and 16 26 registered under chapter 542B shall be responsible for the 16 27 inspection. A county board of supervisors may contract for 16 28 the services of a licensed professional engineer for the 16 29 purposes of the inspection. The reasonable costs of the 16 30 inspection shall be paid by the pipeline company. 16 31 3. If the inspector determines that there has been a 16 32 violation of the standards adopted under this section, of the 16 33 land restoration plan, or of an independent agreement on land 16 34 restoration or line location executed in accordance with 16 35 subsection 10, the inspector shall give oral notice, followed 17 1 by written notice, to the pipeline company and the contractor 17 2 operating for the pipeline company and order corrective action 17 3 to be taken in compliance with the standards. The costs of 17 4 the corrective action shall be borne by the contractor 17 5 operating for the pipeline company. 17 64. As a part of the inspection process, the inspector17 7shall ascertain that the trench excavation has been filled in17 8a manner to provide that the topsoil has been replaced on top17 9and rocks and debris have been removed from the topsoil of the17 10easement area. An existing topsoil layer extending at least17 11one foot in width on either side of the pipeline excavation at17 12a maximum depth of twelve inches shall be removed separately17 13and shall be stockpiled and preserved separately during17 14subsequent construction operations, unless other means for17 15separating the topsoil are provided in the easement. The17 16topsoil shall be replaced so the upper portion of the pipeline17 17excavation and the crowned surface shall contain only the17 18topsoil originally removed.17 195.4.Adequate inspection ofAn inspector shall adequately 17 20 inspect underground improvements altered during construction 17 21 of the pipeline. An inspection shall be conducted at the time 17 22 of the replacement or repair of the underground improvements. 17 23 An inspector shall be present on the site at all times at each 17 24 phase and separate activity of the opening of the trench, the 17 25 restoration of underground improvements, and backfilling. The 17 26 pipeline company and its contractor shall keepall county17 27inspectorsan inspector continually informed of the work 17 28 schedule and any schedule changes. If proper notice is given, 17 29 construction shall not be delayed due to an inspector's 17 30 failure to be present on the site. 17 316.5. If the pipeline company or its contractor does not 17 32 comply with theorders of the inspector for compliance with17 33the standardsrequirements of this section, with the land 17 34 restoration plan or line location, or with an independent 17 35 agreement on land restoration executed in accordance with 18 1 subsection 10, the county board of supervisors maydirect the18 2county attorney to petition the district courtpetition the 18 3 board for an order requiring corrective action to be takenin18 4compliance with the standards adopted under this section. In 18 5 addition, the county board of supervisors may file a complaint 18 6 with the board seeking imposition of civil penalties under 18 7 section 479B.21. 18 87.6. The pipeline company shall allow landowners and 18 9inspectorsthe inspector to view the proposed center line of 18 10 the pipeline prior to commencing trenching operations to 18 11 ensure that construction takes place in its proper location. 18 128.7. An inspector may temporarily halt the construction 18 13 if the construction is not in compliance withthe lawthis 18 14 chapter and the standards adopted pursuant to this chapter, 18 15 the land restoration plan, or the terms ofthean independent 18 16 agreement with the pipeline company regardingtopsoil removal18 17and replacement, drainage structures, soil moisture18 18conditions, or the location of constructionland restoration 18 19 or line location executed in accordance with subsection 10, 18 20 until the inspector consults with the supervisory personnel of 18 21 the pipeline company.If the construction is then continued18 22over the inspector's objection and is found not to be in18 23compliance with the law or agreement and is found to cause18 24damage, any civil penalty recovered under section 479B.21 as a18 25result of that violation shall be paid to the landowner.18 269.8. The board shall instruct inspectors appointed by the 18 27 board of supervisors regarding the content of the statutes and 18 28 rules and the inspector's responsibility to require 18 29 construction conforming with the standards provided by this 18 30 chapter. 18 3110.9.Any underground drain tile damaged, cut, or removed18 32shall be temporarily repaired and maintained as necessary to18 33allow for its proper function during construction of the18 34pipeline or underground storage facility. If temporary repair18 35is not determined to be necessary, the exposed tile shall19 1nonetheless be screened or otherwise protected to prevent the19 2entry of any foreign material or small animals into the tile19 3line system.Petitioners for a permit for pipeline 19 4 construction shall file with the petition a written land 19 5 restoration plan showing how the requirements of this section, 19 6 and of rules adopted pursuant to this section, will be met. 19 7 The company shall provide copies of the plan to all landowners 19 8 of property that will be disturbed by the construction. 19 911.10. This section does not preclude the application of 19 10 provisions for protecting or restoring property that are 19 11 different than those prescribed in this section, in rules 19 12 adopted under this section, or in the land restoration plan, 19 13 if the alternative provisions are contained in agreements 19 14 independently executed by the pipeline company and the 19 15 landowner, and if the alternative provisions are not 19 16 inconsistent with state law or with rules adopted by the 19 17 board. Independent agreements on land restoration or line 19 18 location between the landowner and pipeline company shall be 19 19 in writing and a copy provided to the county inspector. 19 20 11. For the purposes of this section, "construction" 19 21 includes the removal of a previously constructed pipeline. 19 22 12. The requirements of this section shall apply only to 19 23 pipeline construction projects commenced on or after the 19 24 effective date of this Act. 19 25 Sec. 8. Section 479B.29, Code 1999, is amended to read as 19 26 follows: 19 27 479B.29 PARTICULAR DAMAGE CLAIMS. 19 28 1. Compensable losses shall include, but are not limited 19 29 to, all of the following: 19 30 a. Loss or reduced yield of crops or forage on the 19 31 pipeline right-of-way, whether caused directly by construction 19 32 or from disturbance of usual farm operations. 19 33 b. Loss or reduced yield of crops or yield from land near 19 34 the pipeline right-of-way resulting from lack of timely access 19 35 to the land or other disturbance of usual farm operations, 20 1 including interference with irrigation. 20 2 c. Fertilizer, lime, or organic material applied by the 20 3 landowner to restore land disturbed by construction to full 20 4 productivity. 20 5 d. Loss of or damage to trees of commercial or other value 20 6 that occurs at the time of construction, restoration, or at 20 7 the time of any subsequent work by the pipeline company. 20 81.e. The cost of or losses in moving or relocating 20 9 livestock, and the loss of gain by or the death or injury of 20 10 livestock caused by the interruption or relocation of normal 20 11 feedingof the livestock caused by the construction or repair20 12of a pipeline or underground storage facility is a compensable20 13loss and shall be recognized by a pipeline company. 20 14 f. Erosion on lands attributable to pipeline construction. 20 15 g. Damage to farm equipment caused by striking a pipeline, 20 16 debris, or other material reasonably associated with pipeline 20 17 construction while engaged in normal farming operations as 20 18 defined in section 480.1. 20 19 2. A claim for damage for future crop deficiency within 20 20 the easement strip shall not be precluded from renegotiation 20 21 under section 6B.52 on the grounds that it was apparent at the 20 22 time of settlement unless the settlement expressly releases 20 23 the pipeline company from claims for damage to the 20 24 productivity of the soil. The landowner shall notify the 20 25 pipeline company in writingthirtyseven days prior to harvest 20 26 in each year to assess crop deficiency. 20 27 Sec. 9. NEW SECTION. 479B.32 REVERSION ON NONUSE. 20 28 1. If a pipeline right-of-way, or any part of the pipeline 20 29 right-of-way, is wholly abandoned for pipeline purposes by the 20 30 relocation of the pipeline, is not used or operated for a 20 31 period of five consecutive years, or if the construction of 20 32 the pipeline has been commenced and work has ceased and has 20 33 not in good faith resumed for five years, the right-of-way may 20 34 revert as provided in this section to the person who, at the 20 35 time of the abandonment or nonuse, is the owner of the tract 21 1 from which such right-of-way was taken. For purposes of this 21 2 section, a pipeline is not considered abandoned or unused if 21 3 it is transporting product or is being actively maintained 21 4 with reasonable anticipation of a future use. 21 5 2. To effect a reversion on nonuse of right-of-way, the 21 6 owner or holder of purported fee title to such real estate 21 7 shall serve notice upon the owner of such right-of-way 21 8 easement and, if filed of record, successors in interest and 21 9 upon any party in possession of the real estate. The written 21 10 notice shall accurately describe the real estate and easement 21 11 in question, set out the facts concerning ownership of the 21 12 fee, ownership of the right-of-way easement, and the period of 21 13 abandonment or nonuse, and notify the parties that such 21 14 reversion shall be complete and final, and that the easement 21 15 or other right shall be forfeited, unless the parties shall, 21 16 within one hundred twenty days after the completed service of 21 17 notice, file an affidavit with the county recorder of the 21 18 county in which the real estate is located disputing the facts 21 19 contained in the notice. 21 20 3. The notice shall be served in the same manner as an 21 21 original notice under the Iowa rules of civil procedure, 21 22 except that when notice is served by publication an affidavit 21 23 shall not be required before publication. If an affidavit 21 24 disputing the facts contained in the notice is not filed 21 25 within one hundred twenty days, the party serving the notice 21 26 may file for record in the office of the county recorder a 21 27 copy of the notice with proofs of service attached and 21 28 endorsed, and when so recorded, the record shall be 21 29 constructive notice to all persons of the abandonment, 21 30 reversion, and forfeiture of such right-of-way. 21 31 4. Upon reversion of the easement, the landowner may 21 32 require the pipeline company to remove any pipe or pipeline 21 33 facility remaining on the property. Provisions of this 21 34 chapter relating to damages shall apply when the pipeline is 21 35 removed. 22 1 5. If a pipeline right-of-way is abandoned for pipeline 22 2 use, but the pipe is not removed from the right-of-way, the 22 3 pipeline company shall remain responsible for the additional 22 4 costs of subsequent tiling as provided for in section 479B.31, 22 5 shall mark the location of the line in response to a notice of 22 6 proposed excavation in accordance with chapter 480, and shall 22 7 remain subject to the damage provisions of this chapter in the 22 8 event access to or excavation relating to the pipe is 22 9 required. The landowner shall provide reasonable access to 22 10 the pipeline in order to carry out the responsibilities of 22 11 this subsection. 22 12 Sec. 10. Section 479A.9, Code 1999, is amended to read as 22 13 follows: 22 14 479A.9 DEPOSIT OF FUNDS. 22 15Except as otherwise provided in section 479A.14, subsection22 168, moneysMoneys received under this chapter shall be credited 22 17 to the general fund of the state as provided in section 22 18 476.10. 22 19 Sec. 11. EFFECTIVE DATE. This Act takes effect on June 1, 22 20 1999. 22 21 EXPLANATION 22 22 This bill amends similar Code sections in Code chapters 22 23 479, 479A, and 479B relating to pipelines, interstate natural 22 24 gas pipelines, and hazardous liquid pipelines. 22 25 The bill requires the utilities board to establish 22 26 standards for the restoration of agricultural lands during and 22 27 after pipeline construction. The bill provides a number of 22 28 specified areas for which rules shall be provided and the 22 29 rules adopted shall not apply to land located within city 22 30 boundaries, unless the land is used for agricultural purposes. 22 31 The bill allows county boards of supervisors to petition for 22 32 additional rulemaking to establish standards for land 22 33 restoration after pipeline construction within that county. 22 34 The bill requires that inspections for compliance with 22 35 standards shall be conducted by licensed professional 23 1 engineers. The inspector shall inspect for violations of 23 2 standards adopted by the board, standards of a land 23 3 restoration plan, and standards of an independent agreement. 23 4 The bill requires an inspector to adequately inspect and to be 23 5 present on the site at certain times. The bill provides that 23 6 if proper notice is given, construction shall not be delayed 23 7 due to an inspector's failure to be present on the site. The 23 8 bill provides that if a pipeline company or its contractor 23 9 fails to comply with provisions of the Code, the land 23 10 restoration plan, or an independent agreement, the county 23 11 board of supervisors may petition the utilities board for an 23 12 order requiring corrective action and the county board of 23 13 supervisors may file a complaint with the utilities board 23 14 seeking imposition of civil penalties. An inspector may 23 15 temporarily halt construction if construction is not in 23 16 compliance. 23 17 The bill provides that petitioners for a permit for 23 18 pipeline construction shall file with the petition a written 23 19 land restoration plan showing how compliance will be 23 20 accomplished. The bill allows for the application of 23 21 provisions for protecting or restoring property that are 23 22 different than those prescribed by law, rules, or in a land 23 23 restoration plan which are contained in an agreement 23 24 independently executed by the pipeline company and landowner 23 25 if the alternative provisions are not inconsistent with state 23 26 law or rule. 23 27 The bill provides for a list of compensable losses 23 28 including loss or reduced yield of crops or forage, material 23 29 applied by the landowner to restore land, loss of or damage to 23 30 trees, the cost of moving or relocating livestock, erosion of 23 31 land, and damage to farm equipment. 23 32 The bill provides a method for the reversion of a right-of- 23 33 way to the owner of the tract of land from which the right-of- 23 34 way was taken when the pipeline right-of-way is wholly 23 35 abandoned for pipeline purposes. The bill provides notice 24 1 requirements and the method of service of notice to effect a 24 2 reversion on nonuse of a right-of-way. Upon reversion of the 24 3 easement, the landowner may take possession of and remove any 24 4 pipe or pipeline facility remaining on the property. The 24 5 pipeline company is responsible for certain costs when the 24 6 pipeline right-of-way is abandoned for pipeline use, but the 24 7 pipe is not removed. 24 8 The bill takes effect June 1, 1999. 24 9 LSB 1632XS 78 24 10 tm/jw/5.1
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