House
File
565
H-1048
Amend
the
amendment,
H-1036,
to
House
File
565,
as
follows:
1
1.
By
striking
page
1,
line
1,
through
page
4,
line
3,
and
2
inserting:
3
<
Amend
House
File
565
as
follows:
4
1.
By
striking
everything
after
the
enacting
clause
and
5
inserting:
6
<
Section
1.
Section
479B.7,
Code
2023,
is
amended
by
adding
7
the
following
new
subsection:
8
NEW
SUBSECTION
.
3.
If
a
pipeline
route
is
readjusted
due
to
9
an
objection
filed
pursuant
to
this
section,
the
board
shall
10
not
require
a
pipeline
company
to
resubmit
an
application
for
a
11
permit
pursuant
to
section
479B.4.
12
Sec.
2.
Section
479B.15,
Code
2023,
is
amended
to
read
as
13
follows:
14
479B.15
Entry
for
land
surveys.
15
After
the
informational
meeting
or
after
the
filing
of
a
16
petition
if
no
informational
meeting
is
required,
a
pipeline
17
company
may
enter
upon
private
land
,
subject
to
section
18
479B.34,
for
the
purpose
of
surveying
and
examining
the
land
to
19
determine
direction
or
depth
of
pipelines
by
giving
ten
days’
20
written
notice
by
restricted
certified
mail
to
the
landowner
21
as
defined
in
section
479B.4
and
to
any
person
residing
on
or
22
in
possession
of
the
land.
The
entry
for
land
surveys
shall
23
not
be
deemed
a
trespass
and
may
be
aided
by
injunction.
The
24
pipeline
company
shall
pay
the
actual
damages
caused
by
the
25
entry,
survey,
and
examination.
26
Sec.
3.
Section
479B.20,
subsection
5,
Code
2023,
is
amended
27
to
read
as
follows:
28
5.
If
the
pipeline
company
or
its
contractor
does
not
29
comply
with
the
requirements
of
this
section
,
with
the
land
30
restoration
plan
or
line
location,
or
with
an
independent
31
agreement
on
land
restoration
executed
in
accordance
with
32
subsection
10
,
the
county
board
of
supervisors
may
petition
the
33
board
for
an
order
requiring
corrective
action
to
be
taken.
In
34
addition,
the
county
board
of
supervisors
may
file
a
complaint
35
-1-
H
1036.831
(2)
90
es/rn
1/
4
#1.
with
the
board
seeking
imposition
of
civil
penalties
under
1
section
479B.21
.
If
a
landowner
files
a
complaint
pursuant
to
2
this
section,
a
committee
composed
of
a
farmer,
the
designated
3
pipeline
company
point
of
contact
pursuant
to
subsection
1,
and
4
a
member
of
the
board
of
supervisors
or
their
appointee
where
5
the
complaint
originated
shall
hear
the
complaint.
6
Sec.
4.
Section
479B.28,
Code
2023,
is
amended
to
read
as
7
follows:
8
479B.28
Negotiated
fee.
9
1.
In
lieu
of
a
one-time
lump
sum
payment
for
an
easement
or
10
other
property
interest
allowing
a
pipeline
to
cross
property
11
or
allowing
underground
storage
of
hazardous
liquids,
a
12
landowner
and
the
pipeline
company
may
negotiate
an
annual
fee,
13
to
be
paid
over
a
fixed
number
of
years.
Unless
the
easement
14
provides
otherwise,
the
annual
fee
shall
run
with
the
land
and
15
shall
be
payable
to
the
owner
of
record.
16
2.
A
landowner
may
cancel
an
agreement
under
subsection
1
17
for
up
to
seven
days
following
the
execution
of
the
contract,
18
or
for
the
period
of
time
an
attorney
takes
to
complete
a
19
review
of
such
contract,
whichever
period
is
longer.
20
Sec.
5.
Section
479B.29,
subsection
2,
Code
2023,
is
amended
21
to
read
as
follows:
22
2.
A
claim
for
damage
for
future
crop
deficiency
within
23
the
easement
strip
shall
not
be
precluded
from
renegotiation
24
under
section
6B.52
on
the
grounds
that
it
was
apparent
at
the
25
time
of
settlement
unless
the
settlement
expressly
releases
the
26
pipeline
company
from
claims
for
damage
to
the
productivity
of
27
the
soil.
The
landowner
shall
notify
the
pipeline
company
in
28
writing
fourteen
days
prior
to
harvest
in
each
year
to
assess
29
crop
deficiency
for
as
long
as
crop
loss
is
present
due
to
30
pipeline
construction,
and
may
submit
a
global
positioning
31
system
yield
map
to
demonstrate
such
crop
loss
.
32
Sec.
6.
NEW
SECTION
.
479B.34
Pipeline
companies
——
33
requirements.
34
1.
Notwithstanding
section
479B.15,
a
pipeline
company
35
-2-
H
1036.831
(2)
90
es/rn
2/
4
designee
shall
not,
without
the
consent
of
the
landowner,
1
inspect
or
assess
real
property
belonging
to
a
landowner.
2
2.
A
pipeline
company
shall
not
contact
a
landowner
more
3
frequently
than
five
business
days
from
the
date
of
the
4
pipeline
company’s
last
contact
with
such
landowner,
except
if
5
the
landowner
consents
to
such
contact.
6
3.
A
pipeline
company
shall
provide
a
different
company
7
representative
at
any
time
upon
the
request
of
a
landowner.
8
4.
A
pipeline
company
shall
provide
ethics
training
9
from
a
third
party
approved
by
the
board
to
all
company
10
representatives.
11
5.
A
pipeline
company
operating
in
the
state
shall
establish
12
and
maintain
an
internet
site
allowing
landowners
to
file
13
complaints
with
the
pipeline
company.
The
pipeline
company
14
shall
provide
the
board
a
copy
of
received
complaints.
15
6.
A
pipeline
company
shall
consult
with
a
landowner
about
16
the
location
of
safety
fixtures
prior
to
installing
the
safety
17
fixtures.
18
7.
A
pipeline
company
shall
provide
fertilizer,
additives,
19
and
manure
to
a
landowner,
free
of
charge,
where
damage
from
20
pipeline
construction
or
operation
has
caused
a
loss
of
crop
21
yield
for
two
years
following
the
construction
or
last
entry
to
22
the
real
property
causing
crop
damage.
23
8.
If
a
pipeline
company
representative
requires
entry
24
onto
a
landowner’s
real
property
due
to
a
leak,
rupture,
or
25
improvement
to
pipeline
equipment,
the
pipeline
company
shall
26
attempt
to
provide
notice
to
the
landowner
prior
to
entering
27
onto
the
real
property.
A
landowner
may
present
an
estimate
28
of
crop
damage
created
by
the
pipeline
company’s
entry
to
a
29
committee
composed
of
a
farmer,
the
designated
pipeline
company
30
point
of
contact
pursuant
to
section
479B.20,
subsection
1,
and
31
a
member
of
the
county
board
of
supervisors
in
the
county
where
32
the
damage
occurred
following
a
complaint
filed
through
the
33
internet
site
established
in
subsection
5.
34
Sec.
7.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
35
-3-
H
1036.831
(2)
90
es/rn
3/
4
importance,
takes
effect
upon
enactment.
1
Sec.
8.
APPLICABILITY.
This
Act
applies
to
a
pipeline
2
company
that
has
yet
to
be
granted
a
permit
from
the
utilities
3
board
on
or
after
the
effective
date
of
this
Act.
>
4
2.
Title
page,
line
1,
by
striking
<
specified
utility
5
construction
>
and
inserting
<
hazardous
liquid
pipeline
>>
6
______________________________
MOMMSEN
of
Clinton
-4-
H
1036.831
(2)
90
es/rn
4/
4
#2.