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Senate File 160

Partial Bill History

Bill Text

PAG LIN
  1  1                                              SENATE FILE 160
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO PIPELINES, INTERSTATE NATURAL GAS PIPELINES, AND 
  1  5    HAZARDOUS LIQUID PIPELINES, AND THE RESTORATION OF AGRICUL-
  1  6    TURAL LANDS, MAKING PENALTIES APPLICABLE, AND PROVIDING AN 
  1  7    EFFECTIVE DATE.  
  1  8 
  1  9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 10 
  1 11    Section 1.  Section 479.29, Code 1999, is amended to read
  1 12 as follows:
  1 13    479.29  CONSTRUCTION STANDARDS LAND RESTORATION.
  1 14    1.  The board shall, pursuant to chapter 17A, adopt rules
  1 15 establishing standards for the protection of underground
  1 16 improvements during the construction of pipelines, to protect
  1 17 soil conservation and drainage structures from being
  1 18 permanently damaged by pipeline construction and for the
  1 19 restoration of agricultural lands during and after pipeline
  1 20 construction.  To ensure that all interested persons are
  1 21 informed of this rulemaking procedure and are afforded a right
  1 22 to participate, the board shall schedule an opportunity for
  1 23 oral presentations on the proposed rulemaking, and, in In
  1 24 addition to the requirements of section 17A.4, the board shall
  1 25 distribute copies of the notice of intended action and
  1 26 opportunity for oral presentations to each county board of
  1 27 supervisors.  Any county board of supervisors may, under the
  1 28 provisions of chapter 17A, and subsequent to the rulemaking
  1 29 proceedings, petition under those provisions for additional
  1 30 rulemaking to establish standards to protect soil conservation
  1 31 practices, structures and drainage structures for land
  1 32 restoration after pipeline construction within that county.
  1 33 Upon the request of the petitioning county the board shall
  1 34 schedule a hearing to consider the merits of the petition.
  1 35 Rules adopted under this section shall not apply within the
  2  1 boundaries of a city, unless the land is used for agricultural
  2  2 purposes.  Rules adopted under this section shall not apply to
  2  3 land located within city boundaries, unless the land is used
  2  4 for agricultural purposes.  Rules adopted under this section
  2  5 shall address, but are not limited to, all of the following
  2  6 subject matters:
  2  7    a.  Topsoil separation and replacement.
  2  8    b.  Temporary and permanent repair to drain tile.
  2  9    c.  Removal of rocks and debris from the right-of-way.
  2 10    d.  Restoration of areas of soil compaction.
  2 11    e.  Restoration of terraces, waterways, and other erosion
  2 12 control structures.
  2 13    f.  Revegetation of untilled land.
  2 14    g.  Future installation of drain tile or soil conservation
  2 15 structures.
  2 16    h.  Restoration of land slope and contour.
  2 17    i.  Restoration of areas used for field entrances and
  2 18 temporary roads.
  2 19    j.  Construction in wet conditions.
  2 20    k.  Designation of a pipeline company point of contact for
  2 21 landowner inquiries or claims.
  2 22    2.  The county board of supervisors shall cause an on-site
  2 23 inspection for compliance with the standards adopted under
  2 24 this section to be performed at any pipeline construction
  2 25 project in the county.  A licensed professional engineer
  2 26 familiar with the standards adopted under this section and
  2 27 registered under chapter 542B shall be in responsible charge
  2 28 of for the inspection.  A county board of supervisors may
  2 29 contract for the services of a licensed professional engineer
  2 30 for the purposes of the inspection.  The reasonable costs of
  2 31 the inspection shall be borne by the pipeline company.
  2 32    3.  If the inspector determines that there has been a
  2 33 violation of the standards adopted under this section, of the
  2 34 land restoration plan, or of an independent agreement on land
  2 35 restoration or line location executed in accordance with
  3  1 subsection 10, the inspector shall give oral notice, followed
  3  2 by written notice, to the pipeline company and the contractor
  3  3 operating for the pipeline company and order corrective action
  3  4 to be taken in compliance with the standards.  The costs of
  3  5 the corrective action shall be borne by the contractor
  3  6 operating for the pipeline company.
  3  7    4.  As a part of the inspection process, the inspector
  3  8 shall ascertain that the trench excavation has been filled in
  3  9 a manner to provide that the topsoil has been replaced on top
  3 10 and rocks and debris have been removed from the topsoil of the
  3 11 easement area.  An existing topsoil layer extending at least
  3 12 one foot in width on either side of the pipeline excavation at
  3 13 a maximum depth of twelve inches shall be removed separately
  3 14 and shall be stockpiled and preserved separately during
  3 15 subsequent construction operations, unless other means for
  3 16 separating the topsoil are provided in the easement.  The
  3 17 topsoil shall be replaced so the upper portion of the pipeline
  3 18 excavation and the crowned surface shall contain only the
  3 19 topsoil originally removed.
  3 20    5. 4.  Adequate inspection of An inspector shall adequately
  3 21 inspect underground improvements altered during construction
  3 22 of pipeline.  An inspection shall be conducted at the time of
  3 23 the replacement or repair of the underground improvements.  An
  3 24 inspector shall be present on the site at all times at each
  3 25 phase and separate activity of the opening of the trench, the
  3 26 restoration of underground improvements, and backfilling.  The
  3 27 pipeline company and its contractor shall keep all county
  3 28 inspectors an inspector continually informed of the work
  3 29 schedule and any schedule changes.  If proper notice is given,
  3 30 construction shall not be delayed due to an inspector's
  3 31 failure to be present on the site.
  3 32    6. 5.  If the pipeline company or its contractor does not
  3 33 comply with the orders of the inspector for compliance with
  3 34 the standards requirements of this section, with the land
  3 35 restoration plan, or with an independent agreement on land
  4  1 restoration or line location executed in accordance with
  4  2 subsection 10, the county board of supervisors may direct the
  4  3 county attorney to petition the district court petition the
  4  4 board for an order requiring corrective action to be taken in
  4  5 compliance with the standards adopted under this section.  In
  4  6 addition, the county board of supervisors may file a complaint
  4  7 with the board seeking imposition of civil penalties pursuant
  4  8 to section 479.31.
  4  9    7. 6.  The pipeline company shall allow landowners and
  4 10 inspectors the inspector to view the proposed center line of
  4 11 the pipeline prior to commencing trenching operations to
  4 12 insure that construction takes place in its proper location.
  4 13    8. 7.  An inspector may temporarily halt the construction
  4 14 if the construction is not in compliance with the law this
  4 15 chapter and the standards adopted pursuant to this chapter,
  4 16 the land restoration plan, or the terms of the an independent
  4 17 agreement with the pipeline company regarding topsoil removal
  4 18 and replacement, drainage structures, soil moisture conditions
  4 19 or the location of construction land restoration or line
  4 20 location executed in accordance with subsection 10, until the
  4 21 inspector consults with the supervisory personnel of the
  4 22 pipeline company.  If the construction is then continued over
  4 23 the inspector's objection and is found to not be in compliance
  4 24 with the law or agreement and is found to cause damage, any
  4 25 civil penalty recovered under section 479.31 as a result of
  4 26 that violation shall be paid to the landowner.
  4 27    9. 8.  The board shall instruct inspectors appointed by the
  4 28 board of supervisors regarding the content of the statutes and
  4 29 rules and the inspector's responsibility to require
  4 30 construction conforming with the standards provided by this
  4 31 chapter.
  4 32    10. 9.  Any underground drain tile damaged, cut, or removed
  4 33 shall be temporarily repaired and maintained as necessary to
  4 34 allow for its proper function during construction of the
  4 35 pipeline.  If temporary repair is not determined to be
  5  1 necessary, the exposed line will nonetheless be screened or
  5  2 otherwise protected to prevent the entry of any foreign
  5  3 material, small animals, etc. into the tile line system.
  5  4 Petitioners for a permit for pipeline construction shall file
  5  5 with the petition a written land restoration plan showing how
  5  6 the requirements of this section, and of rules adopted
  5  7 pursuant to this section, will be met.  The petitioners shall
  5  8 provide copies of the plan to all landowners of property that
  5  9 will be disturbed by the construction.
  5 10    10.  This section does not preclude the application of
  5 11 provisions for protecting or restoring property that are
  5 12 different than those prescribed in this section, in rules
  5 13 adopted pursuant to this section, or in the land restoration
  5 14 plan, if the alternative provisions are contained in
  5 15 agreements independently executed by the pipeline company and
  5 16 landowner, and if the alternative provisions are not
  5 17 inconsistent with state law or with rules adopted by the
  5 18 board.  Independent agreements on land restoration or line
  5 19 location between the landowner and pipeline company shall be
  5 20 in writing and a copy provided to the county inspector.
  5 21    11.  For purposes of this section, "construction" includes
  5 22 the removal of a previously constructed pipeline.
  5 23    12.  The requirements of this section shall apply only to
  5 24 pipeline construction projects commenced on or after the
  5 25 effective date of this Act.
  5 26    Sec. 2.  Section 479.45, Code 1999, is amended to read as
  5 27 follows:
  5 28    479.45  PARTICULAR DAMAGE CLAIMS.
  5 29    1.  Compensable losses shall include, but are not limited
  5 30 to, all of the following:
  5 31    a.  Loss or reduced yield of crops or forage on the
  5 32 pipeline right-of-way, whether caused directly by construction
  5 33 or from disturbance of usual farm operations.
  5 34    b.  Loss or reduced yield of crops or yield from land near
  5 35 the pipeline right-of-way resulting from lack of timely access
  6  1 to the land or other disturbance of usual farm operations,
  6  2 including interference with irrigation.
  6  3    c.  Fertilizer, lime, or organic material applied by the
  6  4 landowner to restore land disturbed by construction to full
  6  5 productivity.
  6  6    d.  Loss of or damage to trees of commercial or other value
  6  7 that occurs at the time of construction, restoration, or at
  6  8 the time of any subsequent work by the pipeline company.
  6  9    1. e.  The cost of or losses in moving or relocating
  6 10 livestock, and the loss of gain by or the death or injury of
  6 11 livestock caused by the interruption or relocation of normal
  6 12 feeding of the livestock caused by the construction or repair
  6 13 of a pipeline is a compensable loss and shall be recognized as
  6 14 such by a pipeline company.
  6 15    f.  Erosion on lands attributable to pipeline construction.
  6 16    g.  Damage to farm equipment caused by striking a pipeline,
  6 17 debris, or other material reasonably associated with pipeline
  6 18 construction while engaged in normal farming operations as
  6 19 defined in section 480.1.
  6 20    2.  A claim for damage for future crop deficiency within
  6 21 the easement strip shall not be precluded from renegotiation
  6 22 under section 6B.52 on the grounds that it was apparent at the
  6 23 time of settlement unless the settlement expressly releases
  6 24 the pipeline company from claims for damage to the
  6 25 productivity of the soil.  The landowner shall notify the
  6 26 company thirty in writing fourteen days prior to harvest in
  6 27 each year to assess crop deficiency.
  6 28    Sec. 3.  NEW SECTION.  479.48  REVERSION ON NONUSE.
  6 29    1.  If a pipeline right-of-way, or any part of a pipeline
  6 30 right-of-way, is wholly abandoned for pipeline purposes by the
  6 31 relocation of the pipeline, is not used or operated for a
  6 32 period of five consecutive years, or if the construction of
  6 33 the pipeline has been commenced and work has ceased and has
  6 34 not in good faith resumed for five years, the right-of-way may
  6 35 revert as provided in this section to the person who, at the
  7  1 time of the abandonment or nonuse, is the owner of the tract
  7  2 from which such right-of-way was taken.  For purposes of this
  7  3 section, a pipeline or a pipeline right-of-way is not
  7  4 considered abandoned or unused if it is transporting product
  7  5 or is being actively maintained with reasonable anticipation
  7  6 of a future use.
  7  7    2.  To effect a reversion on nonuse of right-of-way, the
  7  8 owner or holder of purported fee title to such real estate
  7  9 shall serve notice upon the owner of such right-of-way
  7 10 easement and, if filed of record, successors in interest and
  7 11 upon any party in possession of the real estate.  The written
  7 12 notice shall accurately describe the real estate and easement
  7 13 in question, set out the facts concerning ownership of the
  7 14 fee, ownership of the right-of-way easement, and the period of
  7 15 abandonment or nonuse, and notify the parties that such
  7 16 reversion shall be complete and final, and that the easement
  7 17 or other right shall be forfeited, unless the parties shall,
  7 18 within one hundred twenty days after the completed service of
  7 19 notice, file an affidavit with the county recorder of the
  7 20 county in which the real estate is located disputing the facts
  7 21 contained in the notice.
  7 22    3.  The notice shall be served in the same manner as an
  7 23 original notice under the Iowa rules of civil procedure,
  7 24 except that when notice is served by publication an affidavit
  7 25 shall not be required before publication.  If an affidavit
  7 26 disputing the facts contained in the notice is not filed
  7 27 within one hundred twenty days, the party serving the notice
  7 28 may file for record in the office of the county recorder a
  7 29 copy of the notice with proofs of service attached and
  7 30 endorsed, and when so recorded, the record shall be
  7 31 constructive notice to all persons of the abandonment,
  7 32 reversion, and forfeiture of such right-of-way.
  7 33    4.  Upon reversion of the easement, the landowner may
  7 34 require the pipeline company to remove any pipe or pipeline
  7 35 facility remaining on the property.  Provisions of this
  8  1 chapter relating to damages shall apply when the pipeline is
  8  2 removed.
  8  3    5.  If a pipeline right-of-way is abandoned for pipeline
  8  4 use, but the pipe is not removed from the right-of-way, the
  8  5 pipeline company shall remain responsible for the additional
  8  6 costs of subsequent tiling as provided for in section 479.47,
  8  7 shall mark the location of the line in response to a notice of
  8  8 proposed excavation in accordance with chapter 480, and shall
  8  9 remain subject to the damage provisions of this chapter in the
  8 10 event access to or excavation relating to the pipe is
  8 11 required.  The landowner shall provide reasonable access to
  8 12 the pipeline in order to carry out the responsibilities of
  8 13 this subsection.
  8 14    Sec. 4.  Section 479A.14, Code 1999, is amended to read as
  8 15 follows:
  8 16    479A.14  LAND RESTORATION – STANDARDS – INSPECTION.
  8 17    1.  The board shall adopt rules establishing standards to
  8 18 protect underground improvements during the construction of
  8 19 pipelines, to protect soil conservation and drainage
  8 20 structures from being permanently damaged by pipeline
  8 21 construction, and for the restoration of agricultural lands
  8 22 during and after pipeline construction.  To ensure that all
  8 23 interested persons are informed of this rulemaking procedure
  8 24 and are afforded a right to participate, the board shall
  8 25 schedule an opportunity for oral presentations on the proposed
  8 26 rulemaking and, in In addition to the requirements of section
  8 27 17A.4, the board shall distribute copies of the notice of
  8 28 intended action and opportunity for oral presentations to each
  8 29 county board of supervisors.  A county board of supervisors
  8 30 may, under chapter 17A and subsequent to the rulemaking
  8 31 proceedings, petition for additional rulemaking to establish
  8 32 standards to protect soil conservation practices, structures,
  8 33 and drainage structures for land restoration after pipeline
  8 34 construction within that county.  Upon the request of the
  8 35 petitioning county, the board shall schedule a hearing to
  9  1 consider the merits of the petition.  Rules adopted under this
  9  2 section do not apply within the boundaries of a city, unless
  9  3 the land is used for agricultural purposes.  Rules adopted
  9  4 under this section shall not apply to land located within city
  9  5 boundaries, unless the land is used for agricultural purposes.
  9  6 Rules adopted under this section shall address, but are not
  9  7 limited to, all of the following subject matters:
  9  8    a.  Topsoil separation and replacement.
  9  9    b.  Temporary and permanent repair to drain tile.
  9 10    c.  Removal of rocks and debris from the right-of-way.
  9 11    d.  Restoration of areas of soil compaction.
  9 12    e.  Restoration of terraces, waterways, and other erosion
  9 13 control structures.
  9 14    f.  Revegetation of untilled land.
  9 15    g.  Future installation of drain tile or soil conservation
  9 16 structures.
  9 17    h.  Restoration of land slope and contour.
  9 18    i.  Restoration of areas used for field entrances and
  9 19 temporary roads.
  9 20    j.  Construction in wet conditions.
  9 21    k.  Designation of a pipeline company point of contact for
  9 22 landowner inquiries or claims.
  9 23    2.  The county board of supervisors shall cause an on-site
  9 24 inspection for compliance with the standards adopted under
  9 25 this section to be performed at any pipeline construction
  9 26 project in the county.  A licensed professional engineer
  9 27 familiar with the standards adopted under this section and
  9 28 registered under chapter 542B shall be placed in charge of
  9 29 responsible for the inspection.  The reasonable costs of the
  9 30 inspection shall be borne by the pipeline company.
  9 31    3.  If the inspector determines that there has been a
  9 32 violation of the standards adopted under this section, of the
  9 33 land restoration plan, or of an independent agreement on land
  9 34 restoration executed in accordance with subsection 10, the
  9 35 inspector shall give oral notice, followed by written notice,
 10  1 to the pipeline company and the contractor operating for the
 10  2 pipeline company, and order corrective action to be taken in
 10  3 compliance with the standards.  The costs of the corrective
 10  4 action shall be borne by the contractor operating for the
 10  5 pipeline company.
 10  6    4.  As a part of the inspection process, the inspector
 10  7 shall ascertain that the trench excavation has been filled in
 10  8 a manner to provide that the topsoil has been replaced on top
 10  9 and rocks and debris have been removed from the topsoil of the
 10 10 easement area.  An existing topsoil layer extending at least
 10 11 one foot in width on either side of the pipeline excavation at
 10 12 a maximum depth of one foot shall be removed separately and
 10 13 shall be stockpiled and preserved separately during subsequent
 10 14 construction operations, unless other means for separating the
 10 15 topsoil are provided in the easement.  The topsoil shall be
 10 16 replaced so the upper portion of the pipeline excavation and
 10 17 the crowned surface contain only the topsoil originally
 10 18 removed.
 10 19    5. 4.  Adequate inspection of An inspector shall adequately
 10 20 inspect underground improvements altered during construction
 10 21 of a pipeline.  An inspection shall be conducted at the time
 10 22 of the replacement or repair of the underground improvements.
 10 23 An inspector shall be present on the site at all times at each
 10 24 phase and separate activity of the opening of the trench, the
 10 25 restoration of underground improvements, and backfilling.  The
 10 26 pipeline company and its contractor shall keep all county
 10 27 inspectors an inspector continually informed of the work
 10 28 schedule and any schedule changes.  If proper notice is given,
 10 29 construction shall not be delayed due to an inspector's
 10 30 failure to be present on the site.
 10 31    6. 5.  If the pipeline company or its contractor does not
 10 32 comply with the orders of the inspector for compliance with
 10 33 the standards requirements of this section, with the land
 10 34 restoration plan, or with an independent agreement on land
 10 35 restoration executed in accordance with subsection 10, the
 11  1 county board of supervisors may direct the county attorney to
 11  2 petition the district court petition the board for an order
 11  3 requiring corrective action to be taken in compliance with the
 11  4 standards adopted under this section.  In addition, the county
 11  5 board of supervisors may file a complaint with the board
 11  6 seeking imposition of civil penalties pursuant to section
 11  7 479A.16.
 11  8    7. 6.  The pipeline company shall allow landowners and
 11  9 inspectors the inspector to view the proposed center line of
 11 10 the pipeline before commencing trenching operations to ensure
 11 11 that construction takes place in the proper location.
 11 12    8. 7.  An inspector may temporarily halt the construction
 11 13 if the construction is not in compliance with this chapter and
 11 14 the standards adopted under it this chapter, the land
 11 15 restoration plan approved by the board, or the terms of the an
 11 16 independent agreement with the pipeline company regarding
 11 17 topsoil removal and replacement, drainage structures, soil
 11 18 moisture conditions, or the location of construction, line
 11 19 location or land restoration executed in accordance with
 11 20 subsection 10, until the inspector consults with the
 11 21 supervisory personnel of the pipeline company.  If the
 11 22 construction is continued over the inspector's objection and
 11 23 is found not to be in compliance with this chapter, the
 11 24 standards, or the agreement, and is found to cause damage, a
 11 25 civil penalty recovered under section 479A.16 as a result of
 11 26 that violation shall be paid to the landowner.
 11 27    9. 8.  The board shall instruct inspectors appointed by the
 11 28 county board of supervisors regarding the content of this
 11 29 chapter and the standards and the inspectors' responsibility
 11 30 to require construction conforming with them.
 11 31    10. 9.  An underground drain tile damaged, cut, or removed
 11 32 shall be temporarily repaired and maintained as necessary to
 11 33 allow for its proper function during construction of the
 11 34 pipeline.  If temporary repair is determined not to be
 11 35 necessary, the exposed line shall be screened or otherwise
 12  1 protected to prevent the entry of foreign material or small
 12  2 animals into the tile line system.  Prior to the initiation of
 12  3 construction, the pipeline company shall file a written land
 12  4 restoration plan with the board describing the methods and
 12  5 procedures by which compliance with this section and the
 12  6 standards adopted under this section will be achieved.  The
 12  7 board shall review this plan to insure that the requirements
 12  8 of this section and rules adopted pursuant to this section are
 12  9 met.  After board review, the pipeline company shall provide
 12 10 copies of the plan to all landowners of property that will be
 12 11 disturbed by the construction.  The requirements of this
 12 12 subsection may be waived by the board to the extent an
 12 13 environmental impact statement addressing the land restoration
 12 14 subjects in subsection 1 was prepared by the federal energy
 12 15 regulatory commission.
 12 16    11. 10.  This section does not preclude the application of
 12 17 provisions for protecting or restoring property that are
 12 18 different than those prescribed in this section, in rules
 12 19 adopted pursuant to this section, or in the land restoration
 12 20 plan if the alternative provisions are contained in agreements
 12 21 independently executed by the pipeline company and the
 12 22 landowner, and if the alternative provisions are not
 12 23 inconsistent with state law or with rules adopted by the
 12 24 board.  Independent agreements on land restoration or line
 12 25 location between the landowner and pipeline company shall be
 12 26 in writing and a copy provided to the county inspector.
 12 27    11.  For the purposes of this section, "construction"
 12 28 includes the removal of a previously constructed pipeline.
 12 29    12.  The requirements of this section shall not apply to
 12 30 pipeline projects that have received a certificate from the
 12 31 federal energy regulatory commission prior to the effective
 12 32 date of this Act.
 12 33    Sec. 5.  Section 479A.24, subsections 1 and 2, Code 1999,
 12 34 are amended to read as follows:
 12 35    1.  Compensable losses shall include, but are not limited
 13  1 to, all of the following:
 13  2    a.  Loss or reduced yield of crops or forage on the
 13  3 pipeline right-of-way, whether caused directly by construction
 13  4 or from disturbance of usual farm operations.
 13  5    b.  Loss or reduced yield of crops or yield from land near
 13  6 the pipeline right-of-way resulting from lack of timely access
 13  7 to the land or other disturbance of usual farm operations,
 13  8 including interference with irrigation.
 13  9    c.  Fertilizer, lime, or organic material applied by the
 13 10 landowner to restore land disturbed by construction to full
 13 11 productivity.
 13 12    d.  Loss of or damage to trees of commercial or other value
 13 13 that occurs at the time of construction, restoration, or at
 13 14 the time of any subsequent work by the pipeline company.
 13 15    1. e.  The cost of or losses in moving or relocating
 13 16 livestock, and the loss of gain by, or the death or injury of
 13 17 livestock caused by the interruption or relocation of normal
 13 18 feeding of the livestock due to the construction or repair of
 13 19 a pipeline is a compensable loss and shall be so recognized by
 13 20 a pipeline company.
 13 21    f.  Erosion on lands attributable to pipeline construction.
 13 22    g.  Damage to farm equipment caused by striking a pipeline,
 13 23 debris, or other material reasonably associated with pipeline
 13 24 construction while engaged in normal farming operations as
 13 25 defined in section 480.1.
 13 26    2.  A claim for damage for future crop deficiency within
 13 27 the easement strip shall not be precluded from renegotiation
 13 28 under section 6B.52 on the grounds that it was apparent at the
 13 29 time of settlement unless the settlement expressly releases
 13 30 the pipeline company from claims for damage to the
 13 31 productivity of the soil.  The landowner shall notify the
 13 32 company thirty in writing fourteen days prior to harvest in
 13 33 each year to assess crop deficiency.
 13 34    Sec. 6.  NEW SECTION.  479A.27  REVERSION ON NONUSE.
 13 35    1.  If a pipeline right-of-way, or any part of a pipeline
 14  1 right-of-way, is wholly abandoned for pipeline purposes by the
 14  2 relocation of the pipeline, is not used or operated for a
 14  3 period of five consecutive years, or if the construction of
 14  4 the pipeline has been commenced and work has ceased and has
 14  5 not in good faith resumed for five years, the right-of-way may
 14  6 revert as provided in this section to the person who, at the
 14  7 time of the abandonment or nonuse, is the owner of the tract
 14  8 from which such right-of-way was taken.  Abandonment of
 14  9 pipeline facilities requires approval from the federal energy
 14 10 regulatory commission prior to this provision taking effect.
 14 11    2.  To effect a reversion on nonuse of right-of-way, the
 14 12 owner or holder of purported fee title to such real estate
 14 13 shall serve notice upon the owner of such right-of-way
 14 14 easement and, if filed of record, successors in interest and
 14 15 upon any party in possession of the real estate.  The written
 14 16 notice shall accurately describe the real estate and easement
 14 17 in question, set out the facts concerning ownership of the
 14 18 fee, ownership of the right-of-way easement, and the period of
 14 19 abandonment or nonuse, and notify the parties that such
 14 20 reversion shall be complete and final, and that the easement
 14 21 or other right shall be forfeited, unless the parties shall,
 14 22 within one hundred twenty days after the completed service of
 14 23 notice, file an affidavit with the county recorder of the
 14 24 county in which the real estate is located disputing the facts
 14 25 contained in the notice.
 14 26    3.  The notice shall be served in the same manner as an
 14 27 original notice under the Iowa rules of civil procedure,
 14 28 except that when notice is served by publication an affidavit
 14 29 shall not be required before publication.  If an affidavit
 14 30 disputing the facts contained in the notice is not filed
 14 31 within one hundred twenty days, the party serving the notice
 14 32 may file for record in the office of the county recorder a
 14 33 copy of the notice with proofs of service attached and
 14 34 endorsed, and when so recorded, the record shall be
 14 35 constructive notice to all persons of the abandonment,
 15  1 reversion, and forfeiture of such right-of-way.
 15  2    4.  Upon reversion of the easement, the landowner may
 15  3 require the pipeline company to remove any pipe or pipeline
 15  4 facility remaining on the property to the extent such removal
 15  5 is in accordance with the terms of the abandonment authority
 15  6 from the federal energy regulatory commission.  Provisions of
 15  7 this chapter relating to damages shall apply when the pipeline
 15  8 is removed.
 15  9    5.  If a pipeline right-of-way is abandoned for pipeline
 15 10 use, but the pipe is not removed from the right-of-way, the
 15 11 pipeline company shall remain responsible for the additional
 15 12 costs of subsequent tiling as provided for in section 479A.26,
 15 13 shall mark the location of the line in response to a notice of
 15 14 proposed excavation in accordance with chapter 480, and shall
 15 15 remain subject to the damage provisions of this chapter in the
 15 16 event access to or excavation relating to the pipe is
 15 17 required.  The landowner shall provide reasonable access to
 15 18 the pipeline in order to carry out the responsibilities of
 15 19 this subsection.
 15 20    Sec. 7.  Section 479B.20, Code 1999, is amended to read as
 15 21 follows:
 15 22    479B.20  LAND RESTORATION STANDARDS.
 15 23    1.  The board, pursuant to chapter 17A, shall adopt rules
 15 24 establishing standards for the protection of underground
 15 25 improvements during the construction of pipelines or
 15 26 underground storage facilities, to protect soil conservation
 15 27 and drainage structures from being permanently damaged by
 15 28 construction of the pipeline or underground storage facility,
 15 29 and for the restoration of agricultural lands during and after
 15 30 pipeline or underground storage facility construction.  To
 15 31 ensure that all interested persons are informed of this
 15 32 rulemaking procedure and are afforded a right to participate,
 15 33 the board shall schedule an opportunity for oral presentations
 15 34 on the proposed rulemaking, and, in In addition to the
 15 35 requirements of section 17A.4, the board shall distribute
 16  1 copies of the notice of intended action and opportunity for
 16  2 oral presentations to each county board of supervisors.  Any
 16  3 county board of supervisors may, under the provisions of
 16  4 chapter 17A, and subsequent to the rulemaking proceedings,
 16  5 petition under those provisions for additional rulemaking to
 16  6 establish standards to protect soil conservation practices,
 16  7 structures, and drainage structures for land restoration after
 16  8 pipeline construction within that county.  Upon the request of
 16  9 the petitioning county, the board shall schedule a hearing to
 16 10 consider the merits of the petition.  Rules adopted under this
 16 11 section shall not apply within the boundaries of a city unless
 16 12 the land is used for agricultural purposes.  Rules adopted
 16 13 under this section shall not apply to land located within city
 16 14 boundaries, unless the land is used for agricultural purposes.
 16 15 Rules adopted under this section shall address, but are not
 16 16 limited to, all of the following subject matters:
 16 17    a.  Topsoil separation and replacement.
 16 18    b.  Temporary and permanent repair to drain tile.
 16 19    c.  Removal of rocks and debris from the right-of-way.
 16 20    d.  Restoration of areas of soil compaction.
 16 21    e.  Restoration of terraces, waterways, and other erosion
 16 22 control structures.
 16 23    f.  Revegetation of untilled land.
 16 24    g.  Future installation of drain tile or soil conservation
 16 25 structures.
 16 26    h.  Restoration of land slope and contour.
 16 27    i.  Restoration of areas used for field entrances and
 16 28 temporary roads.
 16 29    j.  Construction in wet conditions.
 16 30    k.  Designation of a pipeline company point of contact for
 16 31 landowner inquiries or claims.
 16 32    2.  The county board of supervisors shall cause an on-site
 16 33 inspection for compliance with the standards adopted under
 16 34 this section to be performed at any pipeline construction
 16 35 project in the county.  A licensed professional engineer
 17  1 familiar with the standards adopted under this section and
 17  2 registered under chapter 542B shall be responsible for the
 17  3 inspection.  A county board of supervisors may contract for
 17  4 the services of a licensed professional engineer for the
 17  5 purposes of the inspection.  The reasonable costs of the
 17  6 inspection shall be paid by the pipeline company.
 17  7    3.  If the inspector determines that there has been a
 17  8 violation of the standards adopted under this section, of the
 17  9 land restoration plan, or of an independent agreement on land
 17 10 restoration or line location executed in accordance with
 17 11 subsection 10, the inspector shall give oral notice, followed
 17 12 by written notice, to the pipeline company and the contractor
 17 13 operating for the pipeline company and order corrective action
 17 14 to be taken in compliance with the standards.  The costs of
 17 15 the corrective action shall be borne by the contractor
 17 16 operating for the pipeline company.
 17 17    4.  As a part of the inspection process, the inspector
 17 18 shall ascertain that the trench excavation has been filled in
 17 19 a manner to provide that the topsoil has been replaced on top
 17 20 and rocks and debris have been removed from the topsoil of the
 17 21 easement area.  An existing topsoil layer extending at least
 17 22 one foot in width on either side of the pipeline excavation at
 17 23 a maximum depth of twelve inches shall be removed separately
 17 24 and shall be stockpiled and preserved separately during
 17 25 subsequent construction operations, unless other means for
 17 26 separating the topsoil are provided in the easement.  The
 17 27 topsoil shall be replaced so the upper portion of the pipeline
 17 28 excavation and the crowned surface shall contain only the
 17 29 topsoil originally removed.
 17 30    5. 4.  Adequate inspection of An inspector shall adequately
 17 31 inspect underground improvements altered during construction
 17 32 of the pipeline.  An inspection shall be conducted at the time
 17 33 of the replacement or repair of the underground improvements.
 17 34 An inspector shall be present on the site at all times at each
 17 35 phase and separate activity of the opening of the trench, the
 18  1 restoration of underground improvements, and backfilling.  The
 18  2 pipeline company and its contractor shall keep all county
 18  3 inspectors an inspector continually informed of the work
 18  4 schedule and any schedule changes.  If proper notice is given,
 18  5 construction shall not be delayed due to an inspector's
 18  6 failure to be present on the site.
 18  7    6. 5.  If the pipeline company or its contractor does not
 18  8 comply with the orders of the inspector for compliance with
 18  9 the standards requirements of this section, with the land
 18 10 restoration plan or line location, or with an independent
 18 11 agreement on land restoration executed in accordance with
 18 12 subsection 10, the county board of supervisors may direct the
 18 13 county attorney to petition the district court petition the
 18 14 board for an order requiring corrective action to be taken in
 18 15 compliance with the standards adopted under this section.  In
 18 16 addition, the county board of supervisors may file a complaint
 18 17 with the board seeking imposition of civil penalties under
 18 18 section 479B.21.
 18 19    7. 6.  The pipeline company shall allow landowners and
 18 20 inspectors the inspector to view the proposed center line of
 18 21 the pipeline prior to commencing trenching operations to
 18 22 ensure that construction takes place in its proper location.
 18 23    8. 7.  An inspector may temporarily halt the construction
 18 24 if the construction is not in compliance with the law this
 18 25 chapter and the standards adopted pursuant to this chapter,
 18 26 the land restoration plan, or the terms of the an independent
 18 27 agreement with the pipeline company regarding topsoil removal
 18 28 and replacement, drainage structures, soil moisture
 18 29 conditions, or the location of construction land restoration
 18 30 or line location executed in accordance with subsection 10,
 18 31 until the inspector consults with the supervisory personnel of
 18 32 the pipeline company.  If the construction is then continued
 18 33 over the inspector's objection and is found not to be in
 18 34 compliance with the law or agreement and is found to cause
 18 35 damage, any civil penalty recovered under section 479B.21 as a
 19  1 result of that violation shall be paid to the landowner.
 19  2    9. 8.  The board shall instruct inspectors appointed by the
 19  3 board of supervisors regarding the content of the statutes and
 19  4 rules and the inspector's responsibility to require
 19  5 construction conforming with the standards provided by this
 19  6 chapter.
 19  7    10. 9.  Any underground drain tile damaged, cut, or removed
 19  8 shall be temporarily repaired and maintained as necessary to
 19  9 allow for its proper function during construction of the
 19 10 pipeline or underground storage facility.  If temporary repair
 19 11 is not determined to be necessary, the exposed tile shall
 19 12 nonetheless be screened or otherwise protected to prevent the
 19 13 entry of any foreign material or small animals into the tile
 19 14 line system.  Petitioners for a permit for pipeline
 19 15 construction shall file with the petition a written land
 19 16 restoration plan showing how the requirements of this section,
 19 17 and of rules adopted pursuant to this section, will be met.
 19 18 The company shall provide copies of the plan to all landowners
 19 19 of property that will be disturbed by the construction.
 19 20    11. 10.  This section does not preclude the application of
 19 21 provisions for protecting or restoring property that are
 19 22 different than those prescribed in this section, in rules
 19 23 adopted under this section, or in the land restoration plan,
 19 24 if the alternative provisions are contained in agreements
 19 25 independently executed by the pipeline company and the
 19 26 landowner, and if the alternative provisions are not
 19 27 inconsistent with state law or with rules adopted by the
 19 28 board.  Independent agreements on land restoration or line
 19 29 location between the landowner and pipeline company shall be
 19 30 in writing and a copy provided to the county inspector.
 19 31    11.  For the purposes of this section, "construction"
 19 32 includes the removal of a previously constructed pipeline.
 19 33    12.  The requirements of this section shall apply only to
 19 34 pipeline construction projects commenced on or after the
 19 35 effective date of this Act.
 20  1    Sec. 8.  Section 479B.29, Code 1999, is amended to read as
 20  2 follows:
 20  3    479B.29  PARTICULAR DAMAGE CLAIMS.
 20  4    1.  Compensable losses shall include, but are not limited
 20  5 to, all of the following:
 20  6    a.  Loss or reduced yield of crops or forage on the
 20  7 pipeline right-of-way, whether caused directly by construction
 20  8 or from disturbance of usual farm operations.
 20  9    b.  Loss or reduced yield of crops or yield from land near
 20 10 the pipeline right-of-way resulting from lack of timely access
 20 11 to the land or other disturbance of usual farm operations,
 20 12 including interference with irrigation.
 20 13    c.  Fertilizer, lime, or organic material applied by the
 20 14 landowner to restore land disturbed by construction to full
 20 15 productivity.
 20 16    d.  Loss of or damage to trees of commercial or other value
 20 17 that occurs at the time of construction, restoration, or at
 20 18 the time of any subsequent work by the pipeline company.
 20 19    1. e.  The cost of or losses in moving or relocating
 20 20 livestock, and the loss of gain by or the death or injury of
 20 21 livestock caused by the interruption or relocation of normal
 20 22 feeding of the livestock caused by the construction or repair
 20 23 of a pipeline or underground storage facility is a compensable
 20 24 loss and shall be recognized by a pipeline company.
 20 25    f.  Erosion on lands attributable to pipeline construction.
 20 26    g.  Damage to farm equipment caused by striking a pipeline,
 20 27 debris, or other material reasonably associated with pipeline
 20 28 construction while engaged in normal farming operations as
 20 29 defined in section 480.1.
 20 30    2.  A claim for damage for future crop deficiency within
 20 31 the easement strip shall not be precluded from renegotiation
 20 32 under section 6B.52 on the grounds that it was apparent at the
 20 33 time of settlement unless the settlement expressly releases
 20 34 the pipeline company from claims for damage to the
 20 35 productivity of the soil.  The landowner shall notify the
 21  1 pipeline company in writing thirty fourteen days prior to
 21  2 harvest in each year to assess crop deficiency.
 21  3    Sec. 9.  NEW SECTION.  479B.32  REVERSION ON NONUSE.
 21  4    1.  If a pipeline right-of-way, or any part of the pipeline
 21  5 right-of-way, is wholly abandoned for pipeline purposes by the
 21  6 relocation of the pipeline, is not used or operated for a
 21  7 period of five consecutive years, or if the construction of
 21  8 the pipeline has been commenced and work has ceased and has
 21  9 not in good faith resumed for five years, the right-of-way may
 21 10 revert as provided in this section to the person who, at the
 21 11 time of the abandonment or nonuse, is the owner of the tract
 21 12 from which such right-of-way was taken.  For purposes of this
 21 13 section, a pipeline or a pipeline right-of-way is not
 21 14 considered abandoned or unused if it is transporting product
 21 15 or is being actively maintained with reasonable anticipation
 21 16 of a future use.
 21 17    2.  To effect a reversion on nonuse of right-of-way, the
 21 18 owner or holder of purported fee title to such real estate
 21 19 shall serve notice upon the owner of such right-of-way
 21 20 easement and, if filed of record, successors in interest and
 21 21 upon any party in possession of the real estate.  The written
 21 22 notice shall accurately describe the real estate and easement
 21 23 in question, set out the facts concerning ownership of the
 21 24 fee, ownership of the right-of-way easement, and the period of
 21 25 abandonment or nonuse, and notify the parties that such
 21 26 reversion shall be complete and final, and that the easement
 21 27 or other right shall be forfeited, unless the parties shall,
 21 28 within one hundred twenty days after the completed service of
 21 29 notice, file an affidavit with the county recorder of the
 21 30 county in which the real estate is located disputing the facts
 21 31 contained in the notice.
 21 32    3.  The notice shall be served in the same manner as an
 21 33 original notice under the Iowa rules of civil procedure,
 21 34 except that when notice is served by publication an affidavit
 21 35 shall not be required before publication.  If an affidavit
 22  1 disputing the facts contained in the notice is not filed
 22  2 within one hundred twenty days, the party serving the notice
 22  3 may file for record in the office of the county recorder a
 22  4 copy of the notice with proofs of service attached and
 22  5 endorsed, and when so recorded, the record shall be
 22  6 constructive notice to all persons of the abandonment,
 22  7 reversion, and forfeiture of such right-of-way.
 22  8    4.  Upon reversion of the easement, the landowner may
 22  9 require the pipeline company to remove any pipe or pipeline
 22 10 facility remaining on the property.  Provisions of this
 22 11 chapter relating to damages shall apply when the pipeline is
 22 12 removed.
 22 13    5.  If a pipeline right-of-way is abandoned for pipeline
 22 14 use, but the pipe is not removed from the right-of-way, the
 22 15 pipeline company shall remain responsible for the additional
 22 16 costs of subsequent tiling as provided for in section 479B.31,
 22 17 shall mark the location of the line in response to a notice of
 22 18 proposed excavation in accordance with chapter 480, and shall
 22 19 remain subject to the damage provisions of this chapter in the
 22 20 event access to or excavation relating to the pipe is
 22 21 required.  The landowner shall provide reasonable access to
 22 22 the pipeline in order to carry out the responsibilities of
 22 23 this subsection.
 22 24    Sec. 10.  Section 479A.9, Code 1999, is amended to read as
 22 25 follows:
 22 26    479A.9  DEPOSIT OF FUNDS.
 22 27    Except as otherwise provided in section 479A.14, subsection
 22 28 8, moneys Moneys received under this chapter shall be credited
 22 29 to the general fund of the state as provided in section
 22 30 476.10.
 22 31    Sec. 11.  EFFECTIVE DATE.  This Act takes effect on June 1,
 22 32 1999.  
 22 33 
 22 34 
 22 35                                                             
 23  1                               MARY E. KRAMER
 23  2                               President of the Senate
 23  3 
 23  4 
 23  5                                                             
 23  6                               RON J. CORBETT
 23  7                               Speaker of the House
 23  8 
 23  9    I hereby certify that this bill originated in the Senate and
 23 10 is known as Senate File 160, Seventy-eighth General Assembly.
 23 11 
 23 12 
 23 13                                                             
 23 14                               MICHAEL E. MARSHALL
 23 15                               Secretary of the Senate
 23 16 Approved                , 1999
 23 17 
 23 18 
 23 19                               
 23 20 THOMAS J. VILSACK
 23 21 Governor
     
Text: SF00159                           Text: SF00161
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