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.