House File 639 S-3152 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. If an applicant is exercising the power of eminent domain 25 pursuant to this chapter, a person, including a governmental 26 entity, whose rights or interests may be affected by the 27 proposed facility may file written objections. 28 2. All objections shall be on file with the commission 29 not less than five days before the date of hearing on the 30 application. However, the commission may permit the filing 31 of the objections later than five days before the hearing, in 32 which event the applicant must be granted a reasonable time to 33 respond to the objections. 34 3. If a facility is relocated due to an objection filed 35 -1- HF 639.1921 (1) 91 sb/js 1/ 29 #1.

pursuant to this section, the utilities commission shall not 1 require an applicant to resubmit an application for a permit 2 pursuant to section 479A.3. 3 4. Notwithstanding any other provisions in this section, 4 an objection filed by a government entity that is a regulatory 5 agency or city or county zoning authority subject to the 6 requirements of section 476A.5 shall only address items not 7 within the scope of section 476A.5. 8 Sec. 4. Section 476A.6, unnumbered paragraph 1, Code 2025, 9 is amended to read as follows: 10 The commission shall render a decision on the application in 11 an expeditious manner. The commission shall render a decision 12 on an application requesting the power of eminent domain no 13 later than one year after the request for eminent domain is 14 received by the commission. A certificate shall be issued to 15 the applicant if the commission finds all of the following: 16 Sec. 5. NEW SECTION . 476A.16 Access to lines —— damages. 17 1. Individuals or corporations operating transmission 18 lines for the facility shall have reasonable access to 19 the transmission lines for the purpose of constructing, 20 reconstructing, enlarging, repairing, or locating the poles, 21 wires, or construction and other devices used in or upon any 22 line, but shall pay to the owner of the lands and of crops on 23 the lands all damages to the lands or crops caused by entering, 24 using, and occupying the lands for those purposes. This 25 section shall not prevent the execution of an agreement between 26 the person, company, or corporation owning or operating the 27 lines and the owner of the land or crops regarding the use of 28 the land. 29 2. A claim for crop yield loss damages pursuant to this 30 section shall not be precluded from renegotiation under section 31 6B.52 on the grounds that the damages were apparent at the time 32 of settlement unless the settlement expressly releases the 33 person, company, or corporation owning or operating the lines 34 from claims for damages to the productivity of the soil. A 35 -2- HF 639.1921 (1) 91 sb/js 2/ 29

landowner that seeks damages under this section not subject to 1 a release shall notify the person, company, or corporation in 2 writing fourteen days prior to harvest in each year to assess 3 crop deficiency. 4 Sec. 6. NEW SECTION . 476A.17 Drainage tile —— liability. 5 For an applicant exercising the power of eminent domain 6 pursuant to this chapter, the operator of the electric power 7 generation and transmission facility shall be liable for 8 repairs of drainage tile installed prior to the installation of 9 the facility, when the installation, construction, operation, 10 maintenance, or repair of the facility is the proximate cause 11 of the damage to the drainage tile. The operator’s liability 12 pursuant to this section shall continue for the life of the 13 electric power generation and transmission facility and shall 14 include all of the following: 15 1. The full replacement costs of the drainage tile, 16 including, without limitation, material, labor, and equipment. 17 2. The reclamation and restoration of topsoil as part of any 18 drainage tile repair. 19 Sec. 7. NEW SECTION . 476A.18 Land restoration standards. 20 1. The commission shall adopt rules pursuant to chapter 21 17A regarding the restoration of agricultural lands following 22 construction of a facility subject to this chapter. Rules 23 adopted under this section shall implement the following 24 requirements, which shall not apply within the corporate limits 25 of a city, to any land owned by the facility owner, or to any 26 construction, activity, or facility other than a facility as 27 defined in this chapter: 28 a. A facility owner shall repair a damaged underground 29 drain tile as soon as practicable during construction of the 30 facility. Permanent repairs to the damaged underground drain 31 tile shall be completed as soon as practicable after the 32 initial construction of the facility is complete. The repairs 33 made to the damaged drain tile shall be of at least equal 34 quality, size, and flow capacity of the original drain tile. 35 -3- HF 639.1921 (1) 91 sb/js 3/ 29

b. Following the construction of the facility, the facility 1 owner shall remove from any easement area all rock larger than 2 three inches in average diameter not native to the soil of the 3 excavated land. The rock removed from the excavated land that 4 cannot be used to backfill shall be disposed of at a location 5 and in a manner agreed upon by the facility owner and the 6 landowner. 7 c. Upon completion of construction activities on a property, 8 the facility owner shall deep till agricultural land, including 9 right-of-way access points or roads traversed by heavy 10 construction equipment, to alleviate soil compaction. The land 11 shall be tilled at least eighteen inches deep in land used for 12 crop production and twelve inches deep in other lands unless 13 otherwise agreed to by the landowner. 14 d. Upon completion of the facility, the facility owner shall 15 restore the soil conservation practices and structures damaged 16 during construction of the facility to the elevation and grade 17 existing on the land prior to the construction. The soil used 18 to repair embankments intended to retain water shall be well 19 compacted. Any vegetation disturbed during construction shall 20 be reestablished, including cover crops when appropriate. 21 e. Following compaction of the land, agricultural land that 22 is not in row crop or small grain production at the time of 23 construction, including hay ground and land in conservation or 24 set-aside programs, shall be reseeded and a cover crop shall 25 be utilized when appropriate. Seeding for cover crops may be 26 delayed if the construction of the facility is completed too 27 late in the year for a cover crop to become established and is 28 not required if the land will be tilled in the following year. 29 The landowner may request ground cover to prevent soil erosion 30 in areas where construction on the facility is completed if the 31 season is not suitable for seeding a cover crop. 32 f. Unless agreed upon by the facility owner and the 33 landowner, the facility owner shall remove field entrances 34 or temporary roads built for the purpose of constructing the 35 -4- HF 639.1921 (1) 91 sb/js 4/ 29

facility upon the completion of construction and restore the 1 area to its previous use. 2 g. A facility owner shall use good utility practices for 3 constructing the facility in wet conditions, such as electing 4 to use matting or padding when utilizing heavy equipment. A 5 facility owner shall grade and till any rutted land to restore, 6 to the extent practicable, the original condition of the land 7 prior to the construction of the facility. If agreed upon by 8 the facility owner and the landowner, the landowner may repair 9 any damage caused by construction activities in wet conditions 10 and the facility owner shall reimburse the landowner for the 11 reasonable cost incurred to repair the damage. If a facility 12 owner utilizes heavy equipment in wetlands or mudflats, mats or 13 other measures shall be utilized to minimize soil disturbance. 14 h. The facility owner shall designate a point of contact for 15 inquiries or claims from an affected person. The designation 16 shall include a name, a telephone number, an email address, and 17 an address. 18 2. a. If a facility owner and a landowner dispute a 19 potential violation of the restoration standards provided in 20 subsection 1, the commission may appoint a qualified individual 21 to inspect the property for compliance. If the qualified 22 individual determines that there has been a violation of the 23 applicable restoration standards, the commission shall provide 24 oral notice, followed by written notice, to the facility owner 25 and the contractor operating for the facility owner and order 26 corrective action to comply with the restoration standards. 27 The facility owner shall be responsible for the costs of the 28 corrective action. 29 b. If the facility owner or the contractor for the facility 30 owner does not comply with a valid order for corrective 31 action issued by the commission, the commission may issue an 32 order requiring corrective action to be taken and may impose 33 civil penalties under section 478.29, which shall apply to a 34 violation of this section in lieu of section 476A.14. 35 -5- HF 639.1921 (1) 91 sb/js 5/ 29

c. The commission shall instruct the inspector appointed by 1 the commission regarding the content of the statutes and rules 2 and the responsibility of the inspector to require restoration 3 conforming with the standards established in subsection 1. 4 3. a. An applicant for a certificate shall file with the 5 application a written land restoration plan that documents how 6 the requirements and rules of subsection 1 will be met. The 7 applicant shall provide a copy of the plan to all landowners 8 of property that will be disturbed by the construction of the 9 facility. 10 b. Nothing in this section shall preclude the application 11 of provisions for protecting or restoring property that are 12 different than those prescribed in subsection 1, in rules 13 adopted under subsection 1, or in the land restoration plan, 14 if the alternative provisions are contained in agreements 15 independently executed by the facility owner and the landowner. 16 Independent agreements for land restoration between the 17 facility owner and the landowner shall be in writing and made 18 available to the commission upon request. 19 c. The commission may by waiver allow variations from the 20 requirements of subsection 1 if the facility owner requesting a 21 waiver satisfies the standards set forth in section 17A.9A and 22 if the alternative methods proposed by the facility owner would 23 restore the land to a condition as good as or better than as 24 provided for in subsection 1. 25 d. The commission may waive preparation of a separate 26 land restoration plan if the facility owner enters into an 27 agricultural impact mitigation plan or similar agreement 28 with the appropriate agencies of this state that satisfies 29 the requirements of subsection 1. If a mitigation plan or 30 agreement is used to fully or partially meet the requirements 31 of a land restoration plan, the statement or agreement shall 32 be filed with the commission and shall be considered to be, 33 or to be part of, the land restoration plan for purposes of 34 subsection 1. 35 -6- HF 639.1921 (1) 91 sb/js 6/ 29

4. Nothing in this section shall limit, expand, or otherwise 1 modify the rights of access and obligations for damages set 2 forth in section 476A.16. 3 5. The requirements of this section shall apply only to 4 facility construction projects commenced on or after June 1, 5 2025. 6 Sec. 8. NEW SECTION . 476A.19 Particular damage claims. 7 1. When the facility owner’s interest in the landowner’s 8 property was acquired by the exercise of eminent domain 9 pursuant to this chapter, compensable losses may include but 10 are not limited to any of the following: 11 a. Loss or reduced yield of crops or forage on the facility 12 right-of-way, whether caused directly by construction or from 13 disturbance of usual farm operations. 14 b. Loss or reduced yield of crops from land near the 15 facility right-of-way resulting from lack of timely access 16 to the land or other disturbance of usual farm operations, 17 including interference with irrigation or drainage. 18 c. Costs associated with the application of fertilizer, 19 lime, or organic material by the landowner to restore land 20 disturbed by construction to full productivity. 21 d. Loss of or damage to trees of commercial value that 22 occurs at the time of construction or restoration, or at the 23 time of any subsequent work by the individual, company, or 24 corporation operating the facility. 25 e. The cost of or losses in moving or relocating livestock, 26 and the loss of gain by or the death or injury of livestock 27 caused by the interruption or relocation of normal feeding. 28 f. Erosion and soil compaction on lands attributable to 29 facility construction. 30 g. Damage to farm equipment caused by striking debris or 31 other material reasonably associated with facility construction 32 while engaged in normal farming operations as defined in 33 section 480.1. 34 h. Damage to soil or water conservation structures caused 35 -7- HF 639.1921 (1) 91 sb/js 7/ 29

by construction, restoration, or subsequent work by the 1 individual, company, or corporation operating the facility 2 including but not limited to terraces, grassed waterways, water 3 and sediment control basins, ponds, saturated buffers, and 4 biofilters. 5 i. Damage to irrigation or drainage systems caused 6 by construction, restoration, or subsequent work by the 7 individual, company, or corporation operating the facility. 8 2. A claim for damages pursuant to this section shall not be 9 precluded from renegotiation under section 6B.52 on the grounds 10 that the damages were apparent at the time of settlement unless 11 the settlement expressly releases the individual, company, 12 or corporation operating the facility from the claim. The 13 landowner shall notify the individual, company, or corporation 14 in writing fourteen days prior to harvest in each year to 15 assess crop deficiency. 16 3. A landowner that incurred damage under this section 17 is eligible for compensation for damages. A landowner may 18 file a claim for damages against an individual, company, or 19 corporation operating the facility in small claims or district 20 court for a violation of this section. 21 Sec. 9. Section 478.2, subsection 2, paragraph a, Code 2025, 22 is amended to read as follows: 23 a. A member of the commission, the counsel of the 24 commission, or a presiding officer designated by the commission 25 shall serve as the presiding officer at each meeting, shall 26 present an agenda for such meeting , which shall include 27 a summary of the legal rights of the affected landowners, 28 and shall distribute and review the statement of individual 29 rights required under section 6B.2A, subsection 1 . At least 30 one member of the commission shall attend each informational 31 meeting. If at any point during the meeting no member of the 32 commission is available for any reason, the meeting shall pause 33 until at least one member of the commission returns. A formal 34 record of the meeting shall not be required. 35 -8- HF 639.1921 (1) 91 sb/js 8/ 29

Sec. 10. Section 478.2, subsection 4, Code 2025, is amended 1 to read as follows: 2 4. a. A person seeking rights under this chapter shall 3 not negotiate or purchase any easements or other interests in 4 land in any county known to be affected by the proposed project 5 prior to the informational meeting. After such meeting, if 6 notice by publication was properly made, a person seeking 7 rights under this chapter and a landowner may enter a voluntary 8 agreement for an interest in land without regard to whether 9 the landowner received notice by mail. Prior to entering a 10 voluntary agreement with a landowner who did not receive notice 11 of the informational meeting by mail, the person seeking rights 12 under this chapter shall provide such landowner copies of the 13 informational meeting materials presented by the commission, 14 the consumer advocate, and the person seeking rights under 15 this chapter. Nothing in this paragraph shall prohibit a 16 person seeking rights under this chapter from holding a meeting 17 prior to the informational meeting required by this section to 18 provide general information regarding a project to a community 19 that does not include negotiating specific terms with specific 20 landowners. 21 b. A person seeking rights under this chapter may contact 22 landowners within five miles of the project’s proposed route 23 for the purpose of seeking voluntary easements under the same 24 conditions as provided in paragraph “a” . 25 Sec. 11. Section 478.5, Code 2025, is amended to read as 26 follows: 27 478.5 Notice —— objections filed. 28 1. Upon the filing of such petition, the utilities 29 commission shall cause a notice, addressed to the citizens 30 of each county through which the proposed line or lines 31 will extend, to be published in a newspaper located in each 32 such county for two consecutive weeks. Said notice shall 33 contain a general statement of the contents and purpose of the 34 petition, a general description of the lands and highways to 35 -9- HF 639.1921 (1) 91 sb/js 9/ 29

be traversed by the proposed line or lines, and shall state 1 that any objections thereto must be filed in writing with the 2 commission not later than twenty days after the date of last 3 publication of the notice. Any person, company, city, or 4 corporation whose rights may be affected, shall have the right 5 to file written objections to the proposed improvement or to 6 the granting of such franchise; such objections shall be filed 7 with the commission not later than twenty days after the date 8 of last publication and shall state the grounds therefor. The 9 commission may allow objections to be filed later in which 10 event the applicant must be given reasonable time to meet 11 respond to such late objections. 12 2. If a route is readjusted due to an objection filed 13 pursuant to this section, the utilities commission shall not 14 require the individual, company, or corporation asking for the 15 franchise to resubmit a petition for a franchise pursuant to 16 section 478.2. 17 Sec. 12. Section 478.6, Code 2025, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 4. The commission shall render a decision 20 on a petition requesting the power of eminent domain no later 21 than one year after the request for eminent domain is received 22 by the commission. 23 Sec. 13. Section 478.17, Code 2025, is amended to read as 24 follows: 25 478.17 Access to lines —— damages. 26 1. Individuals or corporations operating transmission lines 27 shall have reasonable access to the transmission lines for the 28 purpose of constructing, reconstructing, enlarging, repairing, 29 or locating the poles, wires, or construction and other devices 30 used in or upon any line, but shall pay to the owner of the 31 lands and of crops on the lands all damages to the lands or 32 crops caused by entering, using, and occupying the lands for 33 those purposes. This section shall not prevent the execution 34 of an agreement between the person , or company , or corporation 35 -10- HF 639.1921 (1) 91 sb/js 10/ 29

owning or operating the lines and the owner of the land or 1 crops regarding the use of the land. 2 2. A claim for damages pursuant to this section due to crop 3 yield loss shall not be precluded from renegotiation under 4 section 6B.52 on the grounds that the damages were apparent at 5 the time of settlement unless the settlement expressly releases 6 the person, company, or corporation owning or operating the 7 lines from claims for damages to the productivity of the soil. 8 A landowner that seeks damages under this section not subject 9 to a release shall notify the person, company, or corporation 10 in writing fourteen days prior to harvest in each year to 11 assess crop deficiency. 12 Sec. 14. NEW SECTION . 478.17A Drainage tile —— liability. 13 For an applicant exercising the power of eminent domain 14 pursuant to this chapter, an electric transmission owner 15 as defined in section 478.16 shall be liable for repairs 16 of drainage tile installed prior to the installation of 17 the electric transmission line, when the installation, 18 construction, operation, maintenance, or repair of the electric 19 transmission line is the proximate cause of the damage to 20 the drainage tile. The operator’s liability pursuant to 21 this section shall continue for the life of the electric 22 transmission line and shall include all of the following: 23 1. The full replacement costs of the drainage tile, 24 including, without limitation, material, labor, and equipment. 25 2. The reclamation and restoration of topsoil as part of any 26 drainage tile repair. 27 Sec. 15. Section 478.29, subsection 1, Code 2025, is amended 28 to read as follows: 29 1. A person who violates a provision of this chapter or 30 section 476A.18 is subject to a civil penalty, which may 31 be levied by the commission, of not more than one hundred 32 dollars per violation or one thousand dollars per day of a 33 continuing violation, whichever is greater. Civil penalties 34 collected pursuant to this section shall be forwarded by the 35 -11- HF 639.1921 (1) 91 sb/js 11/ 29

chief operating officer of the commission to the treasurer 1 of state to be credited to the general fund of the state and 2 appropriated to the department of health and human services for 3 purposes of the low income home energy assistance program and 4 the weatherization assistance program. 5 Sec. 16. NEW SECTION . 478.34 Land restoration standards. 6 1. The commission shall adopt rules pursuant to chapter 7 17A regarding the restoration of agricultural lands following 8 construction of an electric transmission line subject to 9 this chapter that is capable of operating at two hundred 10 kilovolts or greater. Rules adopted under this section shall 11 implement the following requirements, which shall not apply 12 within the corporate limits of a city, to property excluded 13 from a franchise under section 478.1, subsection 2, or to any 14 construction, activity, or facility not subject to a franchise 15 under this chapter: 16 a. An electric transmission owner shall repair a damaged 17 underground drain tile as soon as practicable during 18 construction of the electric transmission line. Permanent 19 repairs to the damaged underground drain tile shall be 20 completed as soon as practicable after the initial construction 21 of the electric transmission line is complete. The repairs 22 made to the damaged drain tile shall be of at least equal 23 quality, size, and flow capacity of the original drain tile. 24 b. Following the construction of an electric transmission 25 line, the electric transmission owner shall remove from the 26 easement area all rock larger than three inches in average 27 diameter not native to the soil of the excavated land. The 28 rock removed from the excavated land that cannot be used to 29 backfill shall be disposed of at a location and in a manner 30 agreed upon by the electric transmission owner and the 31 landowner. 32 c. Upon completion of construction activities on a property, 33 the electric transmission owner shall deep till agricultural 34 land, including right-of-way access points or roads traversed 35 -12- HF 639.1921 (1) 91 sb/js 12/ 29

by heavy construction equipment, to alleviate soil compaction. 1 The land shall be tilled at least eighteen inches deep in land 2 used for crop production and twelve inches deep in other lands 3 unless otherwise agreed to by the landowner. 4 d. Upon completion of the electric transmission line, the 5 electric transmission owner shall restore the soil conservation 6 practices and structures damaged during construction of the 7 electric transmission line to the elevation and grade existing 8 on the land prior to the construction. The soil used to 9 repair embankments intended to retain water shall be well 10 compacted. Any vegetation disturbed during construction shall 11 be reestablished, including cover crops when appropriate. 12 e. Following compaction of the land, agricultural land that 13 is not in row crop or small grain production at the time of 14 construction, including hay ground and land in conservation or 15 set-aside programs, shall be reseeded and a cover crop shall 16 be utilized when appropriate. Seeding for cover crops may be 17 delayed if the construction of the electric transmission line 18 is completed too late in the year for a cover crop to become 19 established and is not required if the land will be tilled in 20 the following year. The landowner may request ground cover 21 to prevent soil erosion in areas where construction on the 22 electric transmission line is completed if the season is not 23 suitable for seeding a cover crop. 24 f. Unless agreed upon by the electric transmission owner 25 and the landowner, the electric transmission owner shall remove 26 field entrances or temporary roads built for the purpose of 27 constructing the electric transmission line upon the completion 28 of construction and restore the area to its previous use. 29 g. An electric transmission owner shall use good utility 30 practices for constructing the electric transmission line in 31 wet conditions, such as electing to use matting or padding when 32 utilizing heavy equipment. An electric transmission owner 33 shall grade and till any rutted land to restore, to the extent 34 practicable, the original condition of the land prior to the 35 -13- HF 639.1921 (1) 91 sb/js 13/ 29

construction of the electric transmission line. If agreed 1 upon by the electric transmission owner and the landowner, 2 the landowner may repair any damage caused by construction 3 activities in wet conditions and the electric transmission 4 owner shall reimburse the landowner for the reasonable cost 5 incurred to repair the damage. If an electric transmission 6 owner utilizes heavy equipment in wetlands or mudflats, mats or 7 other measures shall be utilized to minimize soil disturbance. 8 h. The electric transmission owner shall designate a point 9 of contact for inquiries or claims from an affected person. 10 The designation shall include a name, a telephone number, an 11 email address, and an address. 12 2. a. If an electric transmission owner and a landowner 13 dispute a potential violation of the restoration standards 14 provided in subsection 1, the commission may appoint a 15 qualified individual to inspect the property for compliance. 16 If the qualified individual determines that there has been 17 a violation of the applicable restoration standards, the 18 commission shall provide oral notice, followed by written 19 notice, to the electric transmission owner and the contractor 20 operating for the electric transmission owner and order 21 corrective action to comply with the restoration standards. 22 The electric transmission owner shall be responsible for the 23 costs of the corrective action. 24 b. If the electric transmission owner or the contractor 25 for the electric transmission owner does not comply with a 26 valid order for corrective action issued by the commission, the 27 commission may issue an order requiring corrective action to be 28 taken and may impose civil penalties under section 478.29. 29 c. The commission shall instruct the inspector appointed by 30 the commission regarding the content of the statutes and rules 31 and the responsibility of the inspector to require restoration 32 conforming with the standards established in subsection 1. 33 3. a. A petitioner for a franchise for an electric 34 transmission line shall file with the petition a written land 35 -14- HF 639.1921 (1) 91 sb/js 14/ 29

restoration plan that documents how the requirements and rules 1 of subsection 1 will be met. The petitioner shall provide a 2 copy of the plan to all landowners of property that will be 3 disturbed by the construction of the electric transmission 4 line. 5 b. Nothing in this section shall preclude the application 6 of provisions for protecting or restoring property that are 7 different than those prescribed in subsection 1, in rules 8 adopted under subsection 1, or in the land restoration plan, 9 if the alternative provisions are contained in agreements 10 independently executed by the electric transmission owner and 11 the landowner. Independent agreements for land restoration 12 between the electric transmission owner and the landowner shall 13 be in writing and shall be made available to the commission 14 upon request. 15 c. The commission may by waiver allow variations from the 16 requirements of subsection 1 if the electric transmission 17 owner requesting a waiver satisfies the standards set forth 18 in section 17A.9A and if the alternative methods proposed 19 by the electric transmission owner would restore the land 20 to a condition as good as or better than as provided for in 21 subsection 1. 22 d. The commission may waive preparation of a separate land 23 restoration plan if the electric transmission owner enters into 24 an agricultural impact mitigation plan or similar agreement 25 with the appropriate agencies of this state that satisfies 26 the requirements of subsection 1. If a mitigation plan or 27 agreement is used to fully or partially meet the requirements 28 of a land restoration plan, the statement or agreement shall 29 be filed with the commission and shall be considered to be, 30 or to be part of, the land restoration plan for purposes of 31 subsection 1. 32 4. Nothing in this section shall limit, expand, or otherwise 33 modify the rights of access and obligations for damages set 34 forth in section 478.17. 35 -15- HF 639.1921 (1) 91 sb/js 15/ 29

5. The requirements of this section shall apply only to 1 electric transmission line construction projects commenced on 2 or after June 1, 2025. 3 Sec. 17. NEW SECTION . 478.35 Particular damage claims. 4 1. When the electric transmission line owner’s interest 5 in the landowner’s property was acquired by the exercise of 6 eminent domain pursuant to this chapter, compensable losses may 7 include but are not limited to any of the following: 8 a. Loss or reduced yield of crops or forage on the electric 9 transmission line right-of-way, whether caused directly by 10 construction or from disturbance of usual farm operations. 11 b. Loss or reduced yield of crops from land near the 12 electric transmission line right-of-way resulting from lack of 13 timely access to the land or other disturbance of usual farm 14 operations, including interference with irrigation or drainage. 15 c. Costs associated with the application of fertilizer, 16 lime, or organic material by the landowner to restore land 17 disturbed by construction to full productivity. 18 d. Loss of or damage to trees of commercial value that 19 occurs at the time of construction or restoration, or at the 20 time of any subsequent work by the individual, company, or 21 corporation operating the transmission line. 22 e. The cost of or losses in moving or relocating livestock, 23 and the loss of gain by or the death or injury of livestock 24 caused by the interruption or relocation of normal feeding. 25 f. Erosion and soil compaction on lands attributable to 26 electric transmission line construction. 27 g. Damage to farm equipment caused by striking debris or 28 other material reasonably associated with electric transmission 29 line construction while engaged in normal farming operations as 30 defined in section 480.1. 31 h. Damage to soil or water conservation structures caused 32 by construction, restoration, or subsequent work by the 33 individual, company, or corporation operating the transmission 34 line including but not limited to terraces, grassed waterways, 35 -16- HF 639.1921 (1) 91 sb/js 16/ 29

water and sediment control basins, ponds, saturated buffers, 1 and biofilters. 2 i. Damage to irrigation or drainage systems caused 3 by construction, restoration, or subsequent work by the 4 individual, company, or corporation operating the transmission 5 line. 6 2. A claim for damages pursuant to this section shall not be 7 precluded from renegotiation under section 6B.52 on the grounds 8 that the damages were apparent at the time of settlement unless 9 the settlement expressly releases the individual, company, 10 or corporation operating the transmission line from the 11 claim. The landowner shall notify the individual, company, or 12 corporation in writing fourteen days prior to harvest in each 13 year to assess crop deficiency. The landowner may submit a 14 global positioning yield map to demonstrate such crop loss, but 15 the information contained in such map shall not be dispositive 16 as to the extent or causation of the damages, which may be 17 contested by the individual, company, or corporation operating 18 the transmission line. 19 3. A landowner that incurred damage under this section 20 is eligible for compensation for damages. A landowner may 21 file a claim for damages against an individual, company, or 22 corporation operating the transmission line in small claims 23 or district court for a violation of this section or pursue 24 remedies under section 478.36. 25 Sec. 18. NEW SECTION . 478.36 Hearing —— commission member 26 attendance. 27 All hearings initiated under this chapter shall follow the 28 attendance rules governing commission members as provided in 29 section 476.33, subsection 5. 30 Sec. 19. Section 479.5, subsection 3, paragraph a, Code 31 2025, is amended to read as follows: 32 a. A pipeline company shall hold informational meetings 33 in each county in which real property or property rights will 34 be affected at least thirty days prior to filing the petition 35 -17- HF 639.1921 (1) 91 sb/js 17/ 29

for a new pipeline. A member of the commission or a person 1 designated by the commission shall serve as the presiding 2 officer at each meeting, shall present an agenda for the 3 meeting , which shall include a summary of the legal rights 4 of the affected landowners, and shall distribute and review 5 the statement of individual rights required under section 6 6B.2A . At least one member of the commission shall attend each 7 informational meeting. If at any point during the meeting 8 no member of the commission is available for any reason, the 9 meeting shall pause until at least one member of the commission 10 returns. A formal record of the meeting shall not be required. 11 Sec. 20. Section 479.5, subsection 5, Code 2025, is amended 12 to read as follows: 13 5. a. A pipeline company person seeking rights under this 14 chapter shall not negotiate or purchase any easements or other 15 interests in land in any county known to be affected by the 16 proposed project prior to the informational meeting. After 17 such meeting, if notice by publication was properly made, a 18 person seeking rights under this chapter and a landowner may 19 enter a voluntary agreement for an interest in land without 20 regard to whether the landowner received notice by mail. Prior 21 to entering a voluntary agreement with a landowner who did not 22 receive notice of the informational meeting by mail, the person 23 seeking rights under this chapter shall provide such landowner 24 copies of the informational meeting materials presented by 25 the commission, the consumer advocate, and the person seeking 26 rights under this chapter. Nothing in this paragraph shall 27 prohibit a person seeking rights under this chapter from 28 holding a meeting prior to the informational meeting required 29 by this section to provide general information regarding a 30 project to a community that does not include negotiating 31 specific terms with specific landowners. 32 b. A person seeking rights under this chapter may contact 33 landowners within five miles of the project’s proposed route 34 for the purpose of seeking voluntary easements under the same 35 -18- HF 639.1921 (1) 91 sb/js 18/ 29

conditions as provided in paragraph “a” . 1 Sec. 21. Section 479.9, Code 2025, is amended to read as 2 follows: 3 479.9 Objections. 4 1. Any person, corporation, company, or city whose rights 5 or interests may be affected by a proposed pipeline or lines 6 or gas storage facilities may file written objections to the 7 proposed pipeline or lines or gas storage facilities or to the 8 granting of a permit. 9 2. If a pipeline or line route is readjusted or a gas 10 storage facility is relocated due to an objection filed 11 pursuant to this section, the utilities commission shall not 12 require a pipeline company to resubmit an application for a 13 permit pursuant to section 479.5. 14 Sec. 22. Section 479.12, Code 2025, is amended to read as 15 follows: 16 479.12 Final order —— condition. 17 The commission may grant a permit in whole or in part upon 18 terms, conditions, and restrictions as to safety requirements 19 and as to location and route as determined by it to be just 20 and proper. Before a permit is granted to a pipeline company, 21 the commission, after a public hearing as provided in this 22 chapter , shall determine whether the services proposed to be 23 rendered will promote the public convenience and necessity, and 24 an affirmative finding to that effect is a condition precedent 25 to the granting of a permit. The commission shall render a 26 decision on a petition requesting the power of eminent domain 27 no later than one year after the request for eminent domain is 28 received by the commission. 29 Sec. 23. Section 479.25, Code 2025, is amended to read as 30 follows: 31 479.25 Damages. 32 1. A pipeline company operating a pipeline or a gas 33 storage area shall have reasonable access to the pipeline or 34 gas storage area for the purpose of constructing, operating, 35 -19- HF 639.1921 (1) 91 sb/js 19/ 29