House File 639 S-3064 Amend House File 639, as amended, passed, and reprinted by 1 the House, as follows: 2 1. By striking everything after the enacting clause and 3 inserting: 4 < Section 1. Section 476.33, Code 2025, is amended by adding 5 the following new subsection: 6 NEW SUBSECTION . 5. For hearings initiated under this 7 chapter, a majority of the members of the commission shall be 8 present during any live testimony. If at any point during live 9 testimony at a hearing less than a majority of the members 10 are available for any reason, the meeting shall pause until a 11 majority of the members of the commission are available. 12 Sec. 2. Section 476A.4, Code 2025, is amended by adding the 13 following new subsections: 14 NEW SUBSECTION . 6. All hearings initiated under this 15 chapter shall follow the attendance rules governing commission 16 members as provided in section 476.33, subsection 5. 17 NEW SUBSECTION . 7. After a hearing, if notice by 18 publication was properly made, an operator of an electric power 19 generation and transmission facility and a property owner may 20 enter a voluntary agreement for an interest in the property 21 without regard to whether the property owner received notice 22 by mail. 23 Sec. 3. NEW SECTION . 476A.4A Objections. 24 1. A person, including a governmental entity, whose rights 25 or interests may be affected by the proposed facility may file 26 written objections. 27 2. All objections shall be on file with the commission 28 not less than five days before the date of hearing on the 29 application. However, the commission may permit the filing 30 of the objections later than five days before the hearing, in 31 which event the applicant must be granted a reasonable time to 32 meet the objections. 33 3. If a facility is relocated due to an objection filed 34 pursuant to this section, the utilities commission shall not 35 -1- HF 639.1354 (3) 91 sb/js 1/ 34 #1.

require an applicant to resubmit an application for a permit 1 pursuant to section 479A.3. 2 Sec. 4. Section 476A.6, unnumbered paragraph 1, Code 2025, 3 is amended to read as follows: 4 The commission shall render a decision on the application in 5 an expeditious manner. The commission shall render a decision 6 on an application requesting the power of eminent domain no 7 later than one year after the request for eminent domain is 8 received by the commission. A certificate shall be issued to 9 the applicant if the commission finds all of the following: 10 Sec. 5. NEW SECTION . 476A.16 Access to lines —— damages. 11 1. Individuals or corporations operating transmission 12 lines for the facility shall have reasonable access to 13 the transmission lines for the purpose of constructing, 14 reconstructing, enlarging, repairing, or locating the poles, 15 wires, or construction and other devices used in or upon any 16 line, but shall pay to the owner of the lands and of crops on 17 the lands all damages to the lands or crops caused by entering, 18 using, and occupying the lands for those purposes. This 19 section shall not prevent the execution of an agreement between 20 the person, company, or corporation owning or operating the 21 lines and the owner of the land or crops regarding the use of 22 the land. 23 2. A claim for crop yield loss damages pursuant to this 24 section shall not be precluded from renegotiation under section 25 6B.52 on the grounds that the damages were apparent at the time 26 of settlement or on the grounds that more than five years have 27 elapsed since the date of the settlement. 28 Sec. 6. NEW SECTION . 476A.17 Drainage tile —— liability. 29 For an applicant exercising the power of eminent domain 30 pursuant to this chapter, the operator of the electric power 31 generation and transmission facility shall be liable for 32 repairs of drainage tile installed prior to the installation of 33 the facility, when the installation, construction, operation, 34 maintenance, or repair of the facility is the proximate cause 35 -2- HF 639.1354 (3) 91 sb/js 2/ 34

of the damage to the drainage tile. The operator’s liability 1 pursuant to this section shall continue for the life of the 2 electric power generation and transmission facility and shall 3 include all of the following: 4 1. The full replacement costs of the drainage tile, 5 including, without limitation, material, labor, and equipment. 6 2. The reclamation and restoration of topsoil as part of any 7 drainage tile repair. 8 Sec. 7. NEW SECTION . 476A.18 Land restoration standards. 9 1. The commission, pursuant to chapter 17A, shall 10 adopt rules establishing standards for the restoration of 11 agricultural lands during and after facility construction. In 12 addition to the requirements of section 17A.4, the commission 13 shall distribute copies of the notice of intended action and 14 opportunity for oral presentations to each county board of 15 supervisors. Any county board of supervisors may, under the 16 provisions of chapter 17A, and subsequent to the rulemaking 17 proceedings, petition under those provisions for additional 18 rulemaking to establish standards for land restoration after 19 facility construction within that county. Upon the request 20 of the petitioning county, the commission shall schedule a 21 hearing to consider the merits of the petition. Rules adopted 22 under this section shall not apply to land located within city 23 boundaries unless the land is used for agricultural purposes. 24 Rules adopted under this section shall address but are not 25 limited to all of the following subject matters: 26 a. Topsoil separation and replacement. 27 b. Temporary and permanent repair to drain tile. 28 c. Removal of rocks and debris from the right-of-way. 29 d. Restoration of areas of soil compaction. 30 e. Restoration of terraces, waterways, and other erosion 31 control structures. 32 f. Revegetation of untilled land. 33 g. Future installation of drain tile or soil conservation 34 structures. 35 -3- HF 639.1354 (3) 91 sb/js 3/ 34

h. Restoration of land slope and contour. 1 i. Restoration of areas used for field entrances and 2 temporary roads. 3 j. Construction in wet conditions. 4 k. Designation of a point of contact for an individual, 5 company, or corporation operating a facility for landowner 6 inquiries or claims. 7 2. The county board of supervisors shall cause an on-site 8 inspection for compliance with the standards adopted under this 9 section to be performed at any facility construction project 10 in the county. A licensed professional engineer familiar 11 with the standards adopted under this section and registered 12 under chapter 542B shall be responsible for the inspection. 13 A county board of supervisors may contract for the services 14 of a licensed professional engineer for the purposes of the 15 inspection. The reasonable costs of the inspection shall be 16 paid by the individual, company, or corporation operating the 17 facility. 18 3. If the inspector determines that there has been a 19 violation of the standards adopted under this section, of 20 the land restoration plan, or of an independent agreement on 21 land restoration or line location executed in accordance with 22 subsection 10, the inspector shall give oral notice, followed 23 by written notice, to the individual, company, or corporation 24 operating a facility and the contractor operating for the 25 individual, company, or corporation operating the facility and 26 order corrective action to be taken in compliance with the 27 standards. The costs of the corrective action shall be borne 28 by the contractor operating for the individual, company, or 29 corporation operating the facility. 30 4. An inspector shall adequately inspect underground 31 improvements altered during construction of the facility. An 32 inspection shall be conducted at the time of the replacement 33 or repair of the underground improvements. An inspector shall 34 be present on the site at all times at each phase and separate 35 -4- HF 639.1354 (3) 91 sb/js 4/ 34

activity of the opening of the trench, the restoration of 1 underground improvements, and backfilling. The individual, 2 company, or corporation operating the facility and its 3 contractor shall keep an inspector continually informed of the 4 work schedule and any schedule changes. If proper notice is 5 given, construction shall not be delayed due to an inspector’s 6 failure to be present on the site. 7 5. If the individual, company, or corporation operating 8 the facility or its contractor does not comply with the 9 requirements of this section, with the land restoration plan 10 or line location, or with an independent agreement on land 11 restoration executed in accordance with subsection 10, the 12 county board of supervisors or a landowner may petition the 13 commission for an order requiring corrective action to be 14 taken. In addition, the county board of supervisors or a 15 landowner may file a complaint with the commission seeking 16 imposition of civil penalties under section 479A.14. A 17 landowner may supply a copy of the complaint to the county 18 board of supervisors where the complaint originated. 19 6. The individual, company, or corporation operating the 20 facility shall allow landowners and the inspector to view the 21 proposed center line of any electric transmission lines prior 22 to commencing trenching operations to ensure that construction 23 takes place in its proper location. 24 7. An inspector may temporarily halt the construction 25 if the construction is not in compliance with this chapter 26 and the standards adopted pursuant to this chapter, the land 27 restoration plan, or the terms of an independent agreement 28 with the individual, company, or corporation operating the 29 facility regarding land restoration or line location executed 30 in accordance with subsection 10, until the inspector consults 31 with the supervisory personnel of the individual, company, or 32 corporation operating the facility. 33 8. The commission shall instruct inspectors appointed by 34 the board of supervisors regarding the content of the statutes 35 -5- HF 639.1354 (3) 91 sb/js 5/ 34

and rules and the inspectors’ responsibility to require 1 construction conforming with the standards provided by this 2 chapter. 3 9. Petitioners for a permit for facility construction 4 shall file with the petition a written land restoration plan 5 showing how the requirements of this section, and of rules 6 adopted pursuant to this section, will be met. The individual, 7 company, or corporation operating the facility shall provide 8 copies of the plan to all landowners of property that will be 9 disturbed by the construction. 10 10. This section does not preclude the application of 11 provisions for protecting or restoring property that are 12 different than those prescribed in this section, in rules 13 adopted under this section, or in the land restoration plan, 14 if the alternative provisions are contained in agreements 15 independently executed by the individual, company, or 16 corporation operating the facility and the landowner, and if 17 the alternative provisions are not inconsistent with state 18 law or with rules adopted by the commission. Independent 19 agreements on land restoration or line location between the 20 landowner and individual, company, or corporation operating the 21 facility shall be in writing and a copy provided to the county 22 inspector. 23 11. For the purposes of this section, “construction” 24 includes the removal of previously constructed facilities or 25 electric transmission lines. 26 12. The requirements of this section shall apply only to 27 facility construction projects commenced on or after June 1, 28 2025. 29 Sec. 8. NEW SECTION . 476A.19 Particular damage claims. 30 1. Compensable losses shall include but are not limited to 31 all of the following: 32 a. Loss or reduced yield of crops or forage on the facility 33 right-of-way, whether caused directly by construction or from 34 disturbance of usual farm operations. 35 -6- HF 639.1354 (3) 91 sb/js 6/ 34

b. Loss or reduced yield of crops from land near the 1 facility right-of-way resulting from lack of timely access 2 to the land or other disturbance of usual farm operations, 3 including interference with irrigation or drainage. 4 c. Costs associated with the application of fertilizer, 5 lime, or organic material by the landowner to restore land 6 disturbed by construction to full productivity. 7 d. Loss of or damage to trees of commercial or other value 8 that occurs at the time of construction or restoration, or at 9 the time of any subsequent work by the individual, company, or 10 corporation operating the facility. 11 e. The cost of or losses in moving or relocating livestock, 12 and the loss of gain by or the death or injury of livestock 13 caused by the interruption or relocation of normal feeding. 14 f. Erosion and soil compaction on lands attributable to 15 facility construction. 16 g. Damage to farm equipment caused by striking an electric 17 transmission line, debris, or other material reasonably 18 associated with facility construction while engaged in normal 19 farming operations as defined in section 480.1. 20 h. Damage to soil or water conservation structures caused 21 by construction, restoration, or subsequent work by the 22 individual, company, or corporation operating the facility 23 including but not limited to terraces, grassed waterways, water 24 and sediment control basins, ponds, saturated buffers, and 25 biofilters. 26 i. Damage to irrigation or drainage systems caused 27 by construction, restoration, or subsequent work by the 28 individual, company, or corporation operating the facility. 29 2. A claim for damages incurred under this section shall 30 not be precluded from renegotiation under section 6B.52 on 31 the grounds that it was apparent at the time of settlement or 32 on the grounds that more than five years have elapsed since 33 the date of the settlement. The landowner shall notify the 34 individual, company, or corporation operating the facility in 35 -7- HF 639.1354 (3) 91 sb/js 7/ 34

writing for as long as crop loss is present due to facility 1 construction, and may submit a global positioning yield map to 2 demonstrate such crop loss. 3 3. A landowner that incurred damage under this section is 4 eligible for compensation for damages. A landowner may file an 5 action for relief against a individual, company, or corporation 6 operating the facility in small claims or district court for 7 a violation of this section or pursue remedies under section 8 476A.20. 9 Sec. 9. NEW SECTION . 476A.20 Determination of installation 10 damages. 11 1. The county board of supervisors shall determine when 12 installation of a facility has been completed in that county 13 for the purposes of this section. Not less than ninety days 14 after the completion of installation, and if an agreement 15 cannot be made as to damages, a landowner whose land was 16 affected by the installation of the facility or a individual, 17 company, or corporation operating the facility may file with 18 the board of supervisors a petition asking that a compensation 19 commission determine the damages arising from the installation 20 of the facility. 21 2. a. If the board of supervisors by resolution approves 22 the petition, the landowner or individual, company, or 23 corporation operating the facility shall commence the 24 proceeding by filing an application with the chief judge of 25 the judicial district of the county for the appointment of a 26 compensation commission as provided in section 6B.4. 27 b. The application shall contain all of the following: 28 (1) The name and address of the applicant and a description 29 of the land on which the damage is claimed to have occurred. 30 (2) A description of the nature of the damage claimed to 31 have occurred and the amount of the damage claimed. 32 (3) The name and address of the individual, company, or 33 corporation operating the facility claimed to have caused the 34 damage or the name and address of the affected landowner. 35 -8- HF 639.1354 (3) 91 sb/js 8/ 34

3. a. After the commissioners have been appointed, the 1 applicant shall serve notice on the individual, company, or 2 corporation operating the facility or the landowner stating all 3 of the following: 4 (1) That a compensation commission has been appointed 5 to determine the damages caused by the installation of the 6 facility. 7 (2) The name and address of the applicant and a description 8 of the land on which the damage is claimed to have occurred. 9 (3) The date, time, and place when the commissioners will 10 view the premises and proceed to appraise the damages and that 11 the individual, company, or corporation operating the facility 12 or the landowner may appear before the commissioners. 13 b. If more than one landowner petitions the county board 14 of supervisors, the application to the chief judge, notice to 15 the individual, company, or corporation operating the facility, 16 and appraisement of damages shall be consolidated into one 17 application, notice, and appraisement. The county attorney may 18 assist in coordinating the consolidated application and notice, 19 but does not become an attorney for the landowners by doing so. 20 4. The commissioners shall view the land at the time 21 provided in the notice and assess the damages sustained by 22 the landowner by reason of the installation of the facility 23 and they shall file their report with the sheriff. The 24 appraisement of damages returned by the commissioners is final 25 unless appealed. After the appraisement of damages has been 26 delivered to the sheriff by the compensation commission, the 27 sheriff shall give written notice by ordinary mail to the 28 individual, company, or corporation operating the facility and 29 the landowner of the date the appraisement of damages was made, 30 the amount of the appraisement, and that any interested party 31 may appeal to the district court within thirty days of the date 32 of mailing. The sheriff shall endorse the date of mailing of 33 notice on the original appraisement of damages. At the time of 34 appeal, the appealing party shall give written notice to the 35 -9- HF 639.1354 (3) 91 sb/js 9/ 34

adverse party or the party’s attorney and the sheriff. 1 5. Chapter 6B applies to this section to the extent it is 2 applicable and consistent with this section. 3 6. The individual, company, or corporation operating the 4 facility shall pay all costs of the assessment made by the 5 commissioners and reasonable attorney fees and costs incurred 6 by the landowner as determined by the commissioners if the 7 award of the commissioners exceeds one hundred ten percent of 8 the final offer of the individual, company, or corporation 9 operating the facility prior to the determination of damages. 10 The individual, company, or corporation operating the facility 11 shall file with the sheriff an affidavit setting forth the 12 most recent offer made to the landowner. Commissioners shall 13 receive a per diem of fifty dollars and actual and necessary 14 expenses incurred in the performance of their official duties. 15 The individual, company, or corporation operating the facility 16 shall also pay all costs occasioned by the appeal, including 17 reasonable attorney fees to be taxed by the court, unless on 18 the trial of the appeal the same or a lesser amount of damages 19 is awarded than was allowed by the compensation commission from 20 which the appeal was taken. 21 7. As used in this section, “damages” means compensation for 22 damages to the land, crops, and other personal property caused 23 by the construction activity of installing a facility and 24 its attendant structures, or a compensable loss as described 25 in section 476A.19, subsection 1, but does not include 26 compensation for a property interest, and “landowner” includes 27 a farm tenant. 28 8. The provisions of this section do not apply if the 29 easement provides for any other means of negotiation or 30 arbitration. 31 Sec. 10. NEW SECTION . 476A.21 Individual, company, or 32 corporation operating a facility —— requirements. 33 1. An individual, company, or corporation operating a 34 facility shall provide a different company representative at 35 -10- HF 639.1354 (3) 91 sb/js 10/ 34

any time upon the request of a landowner as defined in section 1 476A.20. 2 2. An individual, company, or corporation operating a 3 facility shall provide ethics training from a third party 4 approved by the commission to all representatives of the 5 individual, company, or corporation operating a facility. 6 3. An individual, company, or corporation operating a 7 facility operating in the state shall establish and maintain 8 an internet site allowing landowners to file complaints with 9 the individual, company, or corporation operating the facility. 10 The individual, company, or corporation operating the facility 11 shall provide the commission a copy of received complaints. 12 4. An individual, company, or corporation operating a 13 facility shall consult with a landowner about the location of 14 safety fixtures prior to installing the safety fixtures. 15 Sec. 11. NEW SECTION . 476A.22 Operator liability. 16 1. An operator of a facility shall be liable for all damages 17 resulting from the installation, construction, operation, 18 maintenance, repair, ruptures, and other failures of the 19 facility. 20 2. The operator shall indemnify and hold the surface owner 21 harmless from any loss, claim, or damage resulting from the 22 installation, construction, operation, maintenance, repair, 23 ruptures, and other failures of the facility, other than for 24 gross negligence or willful misconduct of the surface owner. 25 Sec. 12. Section 478.2, subsection 2, paragraph a, Code 26 2025, is amended to read as follows: 27 a. A member of the commission, the counsel of the 28 commission, or a presiding officer designated by the commission 29 shall serve as the presiding officer at each meeting, shall 30 present an agenda for such meeting , which shall include 31 a summary of the legal rights of the affected landowners, 32 and shall distribute and review the statement of individual 33 rights required under section 6B.2A, subsection 1 . At least 34 one member of the commission shall attend each informational 35 -11- HF 639.1354 (3) 91 sb/js 11/ 34

meeting. If at any point during the meeting no member of the 1 commission is available for any reason, the meeting shall pause 2 until at least one member of the commission returns. A formal 3 record of the meeting shall not be required. 4 Sec. 13. Section 478.2, subsection 4, Code 2025, is amended 5 to read as follows: 6 4. A person seeking rights under this chapter shall not 7 negotiate or purchase any easements or other interests in land 8 in any county known to be affected by the proposed project 9 prior to the informational meeting. After such meeting, 10 if notice by publication was properly made, an electric 11 transmission owner as defined in section 478.16 and a landowner 12 may enter a voluntary agreement for an interest in land without 13 regard to whether the landowner received notice by mail. 14 Sec. 14. Section 478.5, Code 2025, is amended to read as 15 follows: 16 478.5 Notice —— objections filed. 17 1. Upon the filing of such petition, the utilities 18 commission shall cause a notice, addressed to the citizens 19 of each county through which the proposed line or lines 20 will extend, to be published in a newspaper located in each 21 such county for two consecutive weeks. Said notice shall 22 contain a general statement of the contents and purpose of the 23 petition, a general description of the lands and highways to 24 be traversed by the proposed line or lines, and shall state 25 that any objections thereto must be filed in writing with the 26 commission not later than twenty days after the date of last 27 publication of the notice. Any person, company, city, or 28 corporation whose rights may be affected, shall have the right 29 to file written objections to the proposed improvement or to 30 the granting of such franchise; such objections shall be filed 31 with the commission not later than twenty days after the date 32 of last publication and shall state the grounds therefor. The 33 commission may allow objections to be filed later in which 34 event the applicant must be given reasonable time to meet such 35 -12- HF 639.1354 (3) 91 sb/js 12/ 34

late objections. 1 2. If a route is readjusted due to an objection filed 2 pursuant to this section, the utilities commission shall not 3 require the individual, company, or corporation asking for the 4 franchise to resubmit a petition for a franchise pursuant to 5 section 478.2. 6 Sec. 15. Section 478.6, Code 2025, is amended by adding the 7 following new subsection: 8 NEW SUBSECTION . 4. The commission shall render a decision 9 on a petition requesting the power of eminent domain no later 10 than one year after the request for eminent domain is received 11 by the commission. 12 Sec. 16. Section 478.17, Code 2025, is amended to read as 13 follows: 14 478.17 Access to lines —— damages. 15 1. Individuals or corporations operating transmission lines 16 shall have reasonable access to the transmission lines for the 17 purpose of constructing, reconstructing, enlarging, repairing, 18 or locating the poles, wires, or construction and other devices 19 used in or upon any line, but shall pay to the owner of the 20 lands and of crops on the lands all damages to the lands or 21 crops caused by entering, using, and occupying the lands for 22 those purposes. This section shall not prevent the execution 23 of an agreement between the person , or company , or corporation 24 owning or operating the lines and the owner of the land or 25 crops regarding the use of the land. 26 2. A claim for damages pursuant to this section due to crop 27 yield loss shall not be precluded from renegotiation under 28 section 6B.52 on the grounds that the damages were apparent at 29 the time of settlement or on the grounds that more than five 30 years have elapsed since the date of the settlement. 31 Sec. 17. NEW SECTION . 478.17A Drainage tile —— liability. 32 For an applicant exercising the power of eminent domain 33 pursuant to this chapter, an electric transmission owner 34 as defined in section 478.16 shall be liable for repairs 35 -13- HF 639.1354 (3) 91 sb/js 13/ 34

of drainage tile installed prior to the installation of 1 the electric transmission line, when the installation, 2 construction, operation, maintenance, or repair of the electric 3 transmission line is the proximate cause of the damage to 4 the drainage tile. The operator’s liability pursuant to 5 this section shall continue for the life of the electric 6 transmission line and shall include all of the following: 7 1. The full replacement costs of the drainage tile, 8 including, without limitation, material, labor, and equipment. 9 2. The reclamation and restoration of topsoil as part of any 10 drainage tile repair. 11 Sec. 18. NEW SECTION . 478.17B Operator liability. 12 1. Individuals, companies, or corporations operating 13 transmission lines shall be liable for all damages resulting 14 from the installation, construction, operation, maintenance, 15 repair, ruptures, and other failures of the electric 16 transmission line. 17 2. The individual, company, or corporation operating the 18 transmission line shall indemnify and hold the surface owner 19 harmless from any loss, claim, or damage resulting from the 20 installation, construction, operation, maintenance, repair, 21 ruptures, and other failures of the electric transmission line, 22 other than for gross negligence or willful misconduct of the 23 surface owner. 24 Sec. 19. NEW SECTION . 478.34 Land restoration standards. 25 1. The commission, pursuant to chapter 17A, shall 26 adopt rules establishing standards for the restoration of 27 agricultural lands during and after the electric transmission 28 line construction. In addition to the requirements of section 29 17A.4, the commission shall distribute copies of the notice of 30 intended action and opportunity for oral presentations to each 31 county board of supervisors. Any county board of supervisors 32 may, under the provisions of chapter 17A, and subsequent to 33 the rulemaking proceedings, petition under those provisions 34 for additional rulemaking to establish standards for land 35 -14- HF 639.1354 (3) 91 sb/js 14/ 34

restoration after electric transmission line construction 1 within that county. Upon the request of the petitioning 2 county, the commission shall schedule a hearing to consider the 3 merits of the petition. Rules adopted under this section shall 4 not apply to land located within city boundaries unless the 5 land is used for agricultural purposes. Rules adopted under 6 this section shall address but are not limited to all of the 7 following subject matters: 8 a. Topsoil separation and replacement. 9 b. Temporary and permanent repair to drain tile. 10 c. Removal of rocks and debris from the right-of-way. 11 d. Restoration of areas of soil compaction. 12 e. Restoration of terraces, waterways, and other erosion 13 control structures. 14 f. Revegetation of untilled land. 15 g. Future installation of drain tile or soil conservation 16 structures. 17 h. Restoration of land slope and contour. 18 i. Restoration of areas used for field entrances and 19 temporary roads. 20 j. Construction in wet conditions. 21 k. Designation of a point of contact for an individual, 22 company, or corporation operating the transmission line for 23 landowner inquiries or claims. 24 2. The county board of supervisors shall cause an on-site 25 inspection for compliance with the standards adopted under 26 this section to be performed at any electric transmission line 27 construction project in the county. A licensed professional 28 engineer familiar with the standards adopted under this section 29 and registered under chapter 542B shall be responsible for the 30 inspection. A county board of supervisors may contract for the 31 services of a licensed professional engineer for the purposes 32 of the inspection. The reasonable costs of the inspection 33 shall be paid by the individual, company, or corporation 34 operating the transmission line. 35 -15- HF 639.1354 (3) 91 sb/js 15/ 34

3. If the inspector determines that there has been a 1 violation of the standards adopted under this section, of 2 the land restoration plan, or of an independent agreement on 3 land restoration or line location executed in accordance with 4 subsection 10, the inspector shall give oral notice, followed 5 by written notice, to the individual, company, or corporation 6 operating the transmission line and the contractor operating 7 for the individual, company, or corporation operating the 8 transmission line and order corrective action to be taken in 9 compliance with the standards. The costs of the corrective 10 action shall be borne by the contractor operating for the 11 individual, company, or corporation operating the transmission 12 line. 13 4. An inspector shall adequately inspect underground 14 improvements altered during construction of the electric 15 transmission line. An inspection shall be conducted at 16 the time of the replacement or repair of the underground 17 improvements. An inspector shall be present on the site at 18 all times at each phase and separate activity of the opening 19 of the trench, the restoration of underground improvements, 20 and backfilling. The individual, company, or corporation 21 operating the transmission line and its contractor shall keep 22 an inspector continually informed of the work schedule and any 23 schedule changes. If proper notice is given, construction 24 shall not be delayed due to an inspector’s failure to be 25 present on the site. 26 5. If the individual, company, or corporation operating 27 the transmission line or its contractor does not comply with 28 the requirements of this section, with the land restoration 29 plan or line location, or with an independent agreement on 30 land restoration executed in accordance with subsection 10, 31 the county board of supervisors or a landowner may petition 32 the commission for an order requiring corrective action to 33 be taken. In addition, the county board of supervisors or 34 a landowner may file a complaint with the commission seeking 35 -16- HF 639.1354 (3) 91 sb/js 16/ 34

imposition of civil penalties under section 478.29. A 1 landowner may supply a copy of the complaint to the county 2 board of supervisors where the complaint originated. 3 6. The individual, company, or corporation operating the 4 transmission line shall allow landowners and the inspector to 5 view the proposed center line of the electric transmission 6 line prior to commencing trenching operations to ensure that 7 construction takes place in its proper location. 8 7. An inspector may temporarily halt the construction 9 if the construction is not in compliance with this chapter 10 and the standards adopted pursuant to this chapter, the land 11 restoration plan, or the terms of an independent agreement 12 with the individual, company, or corporation operating the 13 transmission line regarding land restoration or line location 14 executed in accordance with subsection 10, until the inspector 15 consults with the supervisory personnel of the individual, 16 company, or corporation operating the transmission line. 17 8. The commission shall instruct inspectors appointed by 18 the board of supervisors regarding the content of the statutes 19 and rules and the inspectors’ responsibility to require 20 construction conforming with the standards provided by this 21 chapter. 22 9. Petitioners for a permit for electric transmission 23 line construction shall file with the petition a written 24 land restoration plan showing how the requirements of this 25 section, and of rules adopted pursuant to this section, will 26 be met. The individual, company, or corporation operating 27 the transmission line shall provide copies of the plan to 28 all landowners of property that will be disturbed by the 29 construction. 30 10. This section does not preclude the application of 31 provisions for protecting or restoring property that are 32 different than those prescribed in this section, in rules 33 adopted under this section, or in the land restoration plan, 34 if the alternative provisions are contained in agreements 35 -17- HF 639.1354 (3) 91 sb/js 17/ 34

independently executed by the individual, company, or 1 corporation operating the transmission line and the landowner, 2 and if the alternative provisions are not inconsistent with 3 state law or with rules adopted by the commission. Independent 4 agreements on land restoration or line location between the 5 landowner and individual, company, or corporation operating the 6 transmission line shall be in writing and a copy provided to 7 the county inspector. 8 11. For the purposes of this section, “construction” 9 includes the removal of a previously constructed electric 10 transmission line. 11 12. The requirements of this section shall apply only to 12 electric transmission line construction projects commenced on 13 or after June 1, 2025. 14 Sec. 20. NEW SECTION . 478.35 Particular damage claims. 15 1. Compensable losses shall include but are not limited to 16 all of the following: 17 a. Loss or reduced yield of crops or forage on the electric 18 transmission line right-of-way, whether caused directly by 19 construction or from disturbance of usual farm operations. 20 b. Loss or reduced yield of crops from land near the 21 electric transmission line right-of-way resulting from lack of 22 timely access to the land or other disturbance of usual farm 23 operations, including interference with irrigation or drainage. 24 c. Costs associated with the application of fertilizer, 25 lime, or organic material by the landowner to restore land 26 disturbed by construction to full productivity. 27 d. Loss of or damage to trees of commercial or other value 28 that occurs at the time of construction or restoration, or at 29 the time of any subsequent work by the individual, company, or 30 corporation operating the transmission line. 31 e. The cost of or losses in moving or relocating livestock, 32 and the loss of gain by or the death or injury of livestock 33 caused by the interruption or relocation of normal feeding. 34 f. Erosion and soil compaction on lands attributable to 35 -18- HF 639.1354 (3) 91 sb/js 18/ 34

electric transmission line construction. 1 g. Damage to farm equipment caused by striking an electric 2 transmission line, debris, or other material reasonably 3 associated with electric transmission line construction while 4 engaged in normal farming operations as defined in section 5 480.1. 6 h. Damage to soil or water conservation structures caused 7 by construction, restoration, or subsequent work by the 8 individual, company, or corporation operating the transmission 9 line including but not limited to terraces, grassed waterways, 10 water and sediment control basins, ponds, saturated buffers, 11 and biofilters. 12 i. Damage to irrigation or drainage systems caused 13 by construction, restoration, or subsequent work by the 14 individual, company, or corporation operating the transmission 15 line. 16 2. A claim for damages incurred under this section shall 17 not be precluded from renegotiation under section 6B.52 on 18 the grounds that it was apparent at the time of settlement or 19 on the grounds that more than five years have elapsed since 20 the date of the settlement. The landowner shall notify the 21 individual, company, or corporation operating the transmission 22 line in writing for as long as crop loss is present due to 23 electric transmission line construction, and may submit a 24 global positioning yield map to demonstrate such crop loss. 25 3. A landowner that incurred damage under this section 26 is eligible for compensation for damages. A landowner may 27 file an action for relief against an individual, company, or 28 corporation operating the transmission line in small claims 29 or district court for a violation of this section or pursue 30 remedies under section 478.36. 31 Sec. 21. NEW SECTION . 478.36 Determination of installation 32 damages. 33 1. The county board of supervisors shall determine when 34 installation of an electric transmission line has been 35 -19- HF 639.1354 (3) 91 sb/js 19/ 34