House File 639 S-3162 Amend the amendment, S-3064, to House File 639, as amended, 1 passed, and reprinted by the House, as follows: 2 1. By striking page 1, line 1, through page 34, line 26, and 3 inserting: 4 < Amend House File 639, as amended, passed, and reprinted by 5 the House, as follows: 6 1. By striking everything after the enacting clause and 7 inserting: 8 < Section 1. Section 476.33, Code 2025, is amended by adding 9 the following new subsection: 10 NEW SUBSECTION . 5. For hearings initiated under this 11 chapter, a majority of the members of the commission shall be 12 present during any live testimony. If at any point during live 13 testimony at a hearing less than a majority of the members 14 are available for any reason, the meeting shall pause until a 15 majority of the members of the commission are available. 16 Sec. 2. Section 476A.4, Code 2025, is amended by adding the 17 following new subsections: 18 NEW SUBSECTION . 6. All hearings initiated under this 19 chapter shall follow the attendance rules governing commission 20 members as provided in section 476.33, subsection 5. 21 NEW SUBSECTION . 7. After a hearing, if notice by 22 publication was properly made, an operator of an electric power 23 generation and transmission facility and a property owner may 24 enter a voluntary agreement for an interest in the property 25 without regard to whether the property owner received notice 26 by mail. 27 Sec. 3. NEW SECTION . 476A.4A Objections. 28 1. If an applicant is exercising the power of eminent domain 29 pursuant to this chapter, a person, including a governmental 30 entity, whose rights or interests may be affected by the 31 proposed facility may file written objections. 32 2. All objections shall be on file with the commission 33 not less than five days before the date of hearing on the 34 application. However, the commission may permit the filing 35 -1- S 3064.1973 (1) 91 sb/js 1/ 29 #1.

of the objections later than five days before the hearing, in 1 which event the applicant must be granted a reasonable time to 2 respond to the objections. 3 3. If a facility is relocated due to an objection filed 4 pursuant to this section, the utilities commission shall not 5 require an applicant to resubmit an application for a permit 6 pursuant to section 479A.3. 7 4. Notwithstanding any other provisions in this section, 8 an objection filed by a government entity that is a regulatory 9 agency or city or county zoning authority subject to the 10 requirements of section 476A.5 shall only address items not 11 within the scope of section 476A.5. 12 Sec. 4. Section 476A.6, unnumbered paragraph 1, Code 2025, 13 is amended to read as follows: 14 The commission shall render a decision on the application in 15 an expeditious manner. The commission shall render a decision 16 on an application requesting the power of eminent domain no 17 later than one year after the request for eminent domain is 18 received by the commission. A certificate shall be issued to 19 the applicant if the commission finds all of the following: 20 Sec. 5. NEW SECTION . 476A.16 Access to lines —— damages. 21 1. Individuals or corporations operating transmission 22 lines for the facility shall have reasonable access to 23 the transmission lines for the purpose of constructing, 24 reconstructing, enlarging, repairing, or locating the poles, 25 wires, or construction and other devices used in or upon any 26 line, but shall pay to the owner of the lands and of crops on 27 the lands all damages to the lands or crops caused by entering, 28 using, and occupying the lands for those purposes. This 29 section shall not prevent the execution of an agreement between 30 the person, company, or corporation owning or operating the 31 lines and the owner of the land or crops regarding the use of 32 the land. 33 2. A claim for crop yield loss damages pursuant to this 34 section shall not be precluded from renegotiation under section 35 -2- S 3064.1973 (1) 91 sb/js 2/ 29

6B.52 on the grounds that the damages were apparent at the time 1 of settlement unless the settlement expressly releases the 2 person, company, or corporation owning or operating the lines 3 from claims for damages to the productivity of the soil. A 4 landowner that seeks damages under this section not subject to 5 a release shall notify the person, company, or corporation in 6 writing fourteen days prior to harvest in each year to assess 7 crop deficiency. 8 Sec. 6. NEW SECTION . 476A.17 Drainage tile —— liability. 9 For an applicant exercising the power of eminent domain 10 pursuant to this chapter, the operator of the electric power 11 generation and transmission facility shall be liable for 12 repairs of drainage tile installed prior to the installation of 13 the facility, when the installation, construction, operation, 14 maintenance, or repair of the facility is the proximate cause 15 of the damage to the drainage tile. The operator’s liability 16 pursuant to this section shall continue for the life of the 17 electric power generation and transmission facility and shall 18 include all of the following: 19 1. The full replacement costs of the drainage tile, 20 including, without limitation, material, labor, and equipment. 21 2. The reclamation and restoration of topsoil as part of any 22 drainage tile repair. 23 Sec. 7. NEW SECTION . 476A.18 Land restoration standards. 24 1. The commission shall adopt rules pursuant to chapter 25 17A regarding the restoration of agricultural lands following 26 construction of a facility subject to this chapter for which 27 the power of eminent domain was used. Rules adopted under this 28 section shall implement the following requirements, which shall 29 not apply within the corporate limits of a city, to any land 30 owned by the facility owner, or to any construction, activity, 31 or facility other than a facility as defined in this chapter: 32 a. A facility owner shall repair a damaged underground 33 drain tile as soon as practicable during construction of the 34 facility. Permanent repairs to the damaged underground drain 35 -3- S 3064.1973 (1) 91 sb/js 3/ 29

tile shall be completed as soon as practicable after the 1 initial construction of the facility is complete. The repairs 2 made to the damaged drain tile shall be of at least equal 3 quality, size, and flow capacity of the original drain tile. 4 b. Following the construction of the facility, the facility 5 owner shall remove from any easement area all rock larger than 6 three inches in average diameter not native to the soil of the 7 excavated land. The rock removed from the excavated land that 8 cannot be used to backfill shall be disposed of at a location 9 and in a manner agreed upon by the facility owner and the 10 landowner. 11 c. Upon completion of construction activities on a property, 12 the facility owner shall deep till agricultural land, including 13 right-of-way access points or roads traversed by heavy 14 construction equipment, to alleviate soil compaction. The land 15 shall be tilled at least eighteen inches deep in land used for 16 crop production and twelve inches deep in other lands unless 17 otherwise agreed to by the landowner. 18 d. Upon completion of the facility, the facility owner shall 19 restore the soil conservation practices and structures damaged 20 during construction of the facility to the elevation and grade 21 existing on the land prior to the construction. The soil used 22 to repair embankments intended to retain water shall be well 23 compacted. Any vegetation disturbed during construction shall 24 be reestablished, including cover crops when appropriate. 25 e. Following compaction of the land, agricultural land that 26 is not in row crop or small grain production at the time of 27 construction, including hay ground and land in conservation or 28 set-aside programs, shall be reseeded and a cover crop shall 29 be utilized when appropriate. Seeding for cover crops may be 30 delayed if the construction of the facility is completed too 31 late in the year for a cover crop to become established and is 32 not required if the land will be tilled in the following year. 33 The landowner may request ground cover to prevent soil erosion 34 in areas where construction on the facility is completed if the 35 -4- S 3064.1973 (1) 91 sb/js 4/ 29

season is not suitable for seeding a cover crop. 1 f. Unless agreed upon by the facility owner and the 2 landowner, the facility owner shall remove field entrances 3 or temporary roads built for the purpose of constructing the 4 facility upon the completion of construction and restore the 5 area to its previous use. 6 g. A facility owner shall use good utility practices for 7 constructing the facility in wet conditions, such as electing 8 to use matting or padding when utilizing heavy equipment. A 9 facility owner shall grade and till any rutted land to restore, 10 to the extent practicable, the original condition of the land 11 prior to the construction of the facility. If agreed upon by 12 the facility owner and the landowner, the landowner may repair 13 any damage caused by construction activities in wet conditions 14 and the facility owner shall reimburse the landowner for the 15 reasonable cost incurred to repair the damage. If a facility 16 owner utilizes heavy equipment in wetlands or mudflats, mats or 17 other measures shall be utilized to minimize soil disturbance. 18 h. The facility owner shall designate a point of contact for 19 inquiries or claims from an affected person. The designation 20 shall include a name, a telephone number, an email address, and 21 an address. 22 2. a. If a facility owner and a landowner dispute a 23 potential violation of the restoration standards provided in 24 subsection 1, the commission may appoint a qualified individual 25 to inspect the property for compliance. If the qualified 26 individual determines that there has been a violation of the 27 applicable restoration standards, the commission shall provide 28 oral notice, followed by written notice, to the facility owner 29 and the contractor operating for the facility owner and order 30 corrective action to comply with the restoration standards. 31 The facility owner shall be responsible for the costs of the 32 corrective action. 33 b. If the facility owner or the contractor for the facility 34 owner does not comply with a valid order for corrective 35 -5- S 3064.1973 (1) 91 sb/js 5/ 29

action issued by the commission, the commission may issue an 1 order requiring corrective action to be taken and may impose 2 civil penalties under section 478.29, which shall apply to a 3 violation of this section in lieu of section 476A.14. 4 c. The commission shall instruct the inspector appointed by 5 the commission regarding the content of the statutes and rules 6 and the responsibility of the inspector to require restoration 7 conforming with the standards established in subsection 1. 8 3. a. An applicant for a certificate shall file with the 9 application a written land restoration plan that documents how 10 the requirements and rules of subsection 1 will be met. The 11 applicant shall provide a copy of the plan to all landowners 12 of property that will be disturbed by the construction of the 13 facility. 14 b. Nothing in this section shall preclude the application 15 of provisions for protecting or restoring property that are 16 different than those prescribed in subsection 1, in rules 17 adopted under subsection 1, or in the land restoration plan, 18 if the alternative provisions are contained in agreements 19 independently executed by the facility owner and the landowner. 20 Independent agreements for land restoration between the 21 facility owner and the landowner shall be in writing and made 22 available to the commission upon request. 23 c. The commission may by waiver allow variations from the 24 requirements of subsection 1 if the facility owner requesting a 25 waiver satisfies the standards set forth in section 17A.9A and 26 if the alternative methods proposed by the facility owner would 27 restore the land to a condition as good as or better than as 28 provided for in subsection 1. 29 d. The commission may waive preparation of a separate 30 land restoration plan if the facility owner enters into an 31 agricultural impact mitigation plan or similar agreement 32 with the appropriate agencies of this state that satisfies 33 the requirements of subsection 1. If a mitigation plan or 34 agreement is used to fully or partially meet the requirements 35 -6- S 3064.1973 (1) 91 sb/js 6/ 29

of a land restoration plan, the statement or agreement shall 1 be filed with the commission and shall be considered to be, 2 or to be part of, the land restoration plan for purposes of 3 subsection 1. 4 4. Nothing in this section shall limit, expand, or otherwise 5 modify the rights of access and obligations for damages set 6 forth in section 476A.16. 7 5. The requirements of this section shall apply only to 8 facility construction projects commenced on or after June 1, 9 2025. 10 Sec. 8. NEW SECTION . 476A.19 Particular damage claims. 11 1. When the facility owner’s interest in the landowner’s 12 property was acquired by the exercise of eminent domain 13 pursuant to this chapter, compensable losses may include but 14 are not limited to any of the following: 15 a. Loss or reduced yield of crops or forage on the facility 16 right-of-way, whether caused directly by construction or from 17 disturbance of usual farm operations. 18 b. Loss or reduced yield of crops from land near the 19 facility right-of-way resulting from lack of timely access 20 to the land or other disturbance of usual farm operations, 21 including interference with irrigation or drainage. 22 c. Costs associated with the application of fertilizer, 23 lime, or organic material by the landowner to restore land 24 disturbed by construction to full productivity. 25 d. Loss of or damage to trees of commercial value that 26 occurs at the time of construction or restoration, or at the 27 time of any subsequent work by the individual, company, or 28 corporation operating the facility. 29 e. The cost of or losses in moving or relocating livestock, 30 and the loss of gain by or the death or injury of livestock 31 caused by the interruption or relocation of normal feeding. 32 f. Erosion and soil compaction on lands attributable to 33 facility construction. 34 g. Damage to farm equipment caused by striking debris or 35 -7- S 3064.1973 (1) 91 sb/js 7/ 29

other material reasonably associated with facility construction 1 while engaged in normal farming operations as defined in 2 section 480.1. 3 h. Damage to soil or water conservation structures caused 4 by construction, restoration, or subsequent work by the 5 individual, company, or corporation operating the facility 6 including but not limited to terraces, grassed waterways, water 7 and sediment control basins, ponds, saturated buffers, and 8 biofilters. 9 i. Damage to irrigation or drainage systems caused 10 by construction, restoration, or subsequent work by the 11 individual, company, or corporation operating the facility. 12 2. A claim for damages pursuant to this section shall not be 13 precluded from renegotiation under section 6B.52 on the grounds 14 that the damages were apparent at the time of settlement unless 15 the settlement expressly releases the individual, company, 16 or corporation operating the facility from the claim. The 17 landowner shall notify the individual, company, or corporation 18 in writing fourteen days prior to harvest in each year to 19 assess crop deficiency. 20 3. A landowner that incurred damage under this section 21 is eligible for compensation for damages. A landowner may 22 file a claim for damages against an individual, company, or 23 corporation operating the facility in small claims or district 24 court for a violation of this section. 25 Sec. 9. Section 478.2, subsection 2, paragraph a, Code 2025, 26 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 -8- S 3064.1973 (1) 91 sb/js 8/ 29

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. 10. Section 478.2, subsection 4, Code 2025, is amended 5 to read as follows: 6 4. a. A person seeking rights under this chapter shall 7 not negotiate or purchase any easements or other interests in 8 land in any county known to be affected by the proposed project 9 prior to the informational meeting. After such meeting, if 10 notice by publication was properly made, a person seeking 11 rights under this chapter and a landowner may enter a voluntary 12 agreement for an interest in land without regard to whether 13 the landowner received notice by mail. Prior to entering a 14 voluntary agreement with a landowner who did not receive notice 15 of the informational meeting by mail, the person seeking rights 16 under this chapter shall provide such landowner copies of the 17 informational meeting materials presented by the commission, 18 the consumer advocate, and the person seeking rights under 19 this chapter. Nothing in this paragraph shall prohibit a 20 person seeking rights under this chapter from holding a meeting 21 prior to the informational meeting required by this section to 22 provide general information regarding a project to a community 23 that does not include negotiating specific terms with specific 24 landowners. 25 b. A person seeking rights under this chapter may contact 26 landowners within five miles of the project’s proposed route 27 for the purpose of seeking voluntary easements under the same 28 conditions as provided in paragraph “a” . 29 Sec. 11. Section 478.5, Code 2025, is amended to read as 30 follows: 31 478.5 Notice —— objections filed. 32 1. Upon the filing of such petition, the utilities 33 commission shall cause a notice, addressed to the citizens 34 of each county through which the proposed line or lines 35 -9- S 3064.1973 (1) 91 sb/js 9/ 29

will extend, to be published in a newspaper located in each 1 such county for two consecutive weeks. Said notice shall 2 contain a general statement of the contents and purpose of the 3 petition, a general description of the lands and highways to 4 be traversed by the proposed line or lines, and shall state 5 that any objections thereto must be filed in writing with the 6 commission not later than twenty days after the date of last 7 publication of the notice. Any person, company, city, or 8 corporation whose rights may be affected, shall have the right 9 to file written objections to the proposed improvement or to 10 the granting of such franchise; such objections shall be filed 11 with the commission not later than twenty days after the date 12 of last publication and shall state the grounds therefor. The 13 commission may allow objections to be filed later in which 14 event the applicant must be given reasonable time to meet 15 respond to such late objections. 16 2. If a route is readjusted due to an objection filed 17 pursuant to this section, the utilities commission shall not 18 require the individual, company, or corporation asking for the 19 franchise to resubmit a petition for a franchise pursuant to 20 section 478.2. 21 Sec. 12. Section 478.6, Code 2025, is amended by adding the 22 following new subsection: 23 NEW SUBSECTION . 4. The commission shall render a decision 24 on a petition requesting the power of eminent domain no later 25 than one year after the request for eminent domain is received 26 by the commission. 27 Sec. 13. Section 478.17, Code 2025, is amended to read as 28 follows: 29 478.17 Access to lines —— damages. 30 1. Individuals or corporations operating transmission lines 31 shall have reasonable access to the transmission lines for the 32 purpose of constructing, reconstructing, enlarging, repairing, 33 or locating the poles, wires, or construction and other devices 34 used in or upon any line, but shall pay to the owner of the 35 -10- S 3064.1973 (1) 91 sb/js 10/ 29

lands and of crops on the lands all damages to the lands or 1 crops caused by entering, using, and occupying the lands for 2 those purposes. This section shall not prevent the execution 3 of an agreement between the person , or company , or corporation 4 owning or operating the lines and the owner of the land or 5 crops regarding the use of the land. 6 2. A claim for damages pursuant to this section due to crop 7 yield loss shall not be precluded from renegotiation under 8 section 6B.52 on the grounds that the damages were apparent at 9 the time of settlement unless the settlement expressly releases 10 the person, company, or corporation owning or operating the 11 lines from claims for damages to the productivity of the soil. 12 A landowner that seeks damages under this section not subject 13 to a release shall notify the person, company, or corporation 14 in writing fourteen days prior to harvest in each year to 15 assess crop deficiency. 16 Sec. 14. NEW SECTION . 478.17A Drainage tile —— liability. 17 For an applicant exercising the power of eminent domain 18 pursuant to this chapter, an electric transmission owner 19 as defined in section 478.16 shall be liable for repairs 20 of drainage tile installed prior to the installation of 21 the electric transmission line, when the installation, 22 construction, operation, maintenance, or repair of the electric 23 transmission line is the proximate cause of the damage to 24 the drainage tile. The operator’s liability pursuant to 25 this section shall continue for the life of the electric 26 transmission line and shall include all of the following: 27 1. The full replacement costs of the drainage tile, 28 including, without limitation, material, labor, and equipment. 29 2. The reclamation and restoration of topsoil as part of any 30 drainage tile repair. 31 Sec. 15. Section 478.29, subsection 1, Code 2025, is amended 32 to read as follows: 33 1. A person who violates a provision of this chapter or 34 section 476A.18 is subject to a civil penalty, which may 35 -11- S 3064.1973 (1) 91 sb/js 11/ 29

be levied by the commission, of not more than one hundred 1 dollars per violation or one thousand dollars per day of a 2 continuing violation, whichever is greater. Civil penalties 3 collected pursuant to this section shall be forwarded by the 4 chief operating officer of the commission to the treasurer 5 of state to be credited to the general fund of the state and 6 appropriated to the department of health and human services for 7 purposes of the low income home energy assistance program and 8 the weatherization assistance program. 9 Sec. 16. NEW SECTION . 478.34 Land restoration standards. 10 1. The commission shall adopt rules pursuant to chapter 11 17A regarding the restoration of agricultural lands following 12 construction of an electric transmission line subject to 13 this chapter that is capable of operating at two hundred 14 kilovolts or greater. Rules adopted under this section shall 15 implement the following requirements, which shall not apply 16 within the corporate limits of a city, to property excluded 17 from a franchise under section 478.1, subsection 2, or to any 18 construction, activity, or facility not subject to a franchise 19 under this chapter: 20 a. An electric transmission owner shall repair a damaged 21 underground drain tile as soon as practicable during 22 construction of the electric transmission line. Permanent 23 repairs to the damaged underground drain tile shall be 24 completed as soon as practicable after the initial construction 25 of the electric transmission line is complete. The repairs 26 made to the damaged drain tile shall be of at least equal 27 quality, size, and flow capacity of the original drain tile. 28 b. Following the construction of an electric transmission 29 line, the electric transmission owner shall remove from the 30 easement area all rock larger than three inches in average 31 diameter not native to the soil of the excavated land. The 32 rock removed from the excavated land that cannot be used to 33 backfill shall be disposed of at a location and in a manner 34 agreed upon by the electric transmission owner and the 35 -12- S 3064.1973 (1) 91 sb/js 12/ 29

landowner. 1 c. Upon completion of construction activities on a property, 2 the electric transmission owner shall deep till agricultural 3 land, including right-of-way access points or roads traversed 4 by heavy construction equipment, to alleviate soil compaction. 5 The land shall be tilled at least eighteen inches deep in land 6 used for crop production and twelve inches deep in other lands 7 unless otherwise agreed to by the landowner. 8 d. Upon completion of the electric transmission line, the 9 electric transmission owner shall restore the soil conservation 10 practices and structures damaged during construction of the 11 electric transmission line to the elevation and grade existing 12 on the land prior to the construction. The soil used to 13 repair embankments intended to retain water shall be well 14 compacted. Any vegetation disturbed during construction shall 15 be reestablished, including cover crops when appropriate. 16 e. Following compaction of the land, agricultural land that 17 is not in row crop or small grain production at the time of 18 construction, including hay ground and land in conservation or 19 set-aside programs, shall be reseeded and a cover crop shall 20 be utilized when appropriate. Seeding for cover crops may be 21 delayed if the construction of the electric transmission line 22 is completed too late in the year for a cover crop to become 23 established and is not required if the land will be tilled in 24 the following year. The landowner may request ground cover 25 to prevent soil erosion in areas where construction on the 26 electric transmission line is completed if the season is not 27 suitable for seeding a cover crop. 28 f. Unless agreed upon by the electric transmission owner 29 and the landowner, the electric transmission owner shall remove 30 field entrances or temporary roads built for the purpose of 31 constructing the electric transmission line upon the completion 32 of construction and restore the area to its previous use. 33 g. An electric transmission owner shall use good utility 34 practices for constructing the electric transmission line in 35 -13- S 3064.1973 (1) 91 sb/js 13/ 29

wet conditions, such as electing to use matting or padding when 1 utilizing heavy equipment. An electric transmission owner 2 shall grade and till any rutted land to restore, to the extent 3 practicable, the original condition of the land prior to the 4 construction of the electric transmission line. If agreed 5 upon by the electric transmission owner and the landowner, 6 the landowner may repair any damage caused by construction 7 activities in wet conditions and the electric transmission 8 owner shall reimburse the landowner for the reasonable cost 9 incurred to repair the damage. If an electric transmission 10 owner utilizes heavy equipment in wetlands or mudflats, mats or 11 other measures shall be utilized to minimize soil disturbance. 12 h. The electric transmission owner shall designate a point 13 of contact for inquiries or claims from an affected person. 14 The designation shall include a name, a telephone number, an 15 email address, and an address. 16 2. a. If an electric transmission owner and a landowner 17 dispute a potential violation of the restoration standards 18 provided in subsection 1, the commission may appoint a 19 qualified individual to inspect the property for compliance. 20 If the qualified individual determines that there has been 21 a violation of the applicable restoration standards, the 22 commission shall provide oral notice, followed by written 23 notice, to the electric transmission owner and the contractor 24 operating for the electric transmission owner and order 25 corrective action to comply with the restoration standards. 26 The electric transmission owner shall be responsible for the 27 costs of the corrective action. 28 b. If the electric transmission owner or the contractor 29 for the electric transmission owner does not comply with a 30 valid order for corrective action issued by the commission, the 31 commission may issue an order requiring corrective action to be 32 taken and may impose civil penalties under section 478.29. 33 c. The commission shall instruct the inspector appointed by 34 the commission regarding the content of the statutes and rules 35 -14- S 3064.1973 (1) 91 sb/js 14/ 29

and the responsibility of the inspector to require restoration 1 conforming with the standards established in subsection 1. 2 3. a. A petitioner for a franchise for an electric 3 transmission line shall file with the petition a written land 4 restoration plan that documents how the requirements and rules 5 of subsection 1 will be met. The petitioner shall provide a 6 copy of the plan to all landowners of property that will be 7 disturbed by the construction of the electric transmission 8 line. 9 b. Nothing in this section shall preclude the application 10 of provisions for protecting or restoring property that are 11 different than those prescribed in subsection 1, in rules 12 adopted under subsection 1, or in the land restoration plan, 13 if the alternative provisions are contained in agreements 14 independently executed by the electric transmission owner and 15 the landowner. Independent agreements for land restoration 16 between the electric transmission owner and the landowner shall 17 be in writing and shall be made available to the commission 18 upon request. 19 c. The commission may by waiver allow variations from the 20 requirements of subsection 1 if the electric transmission 21 owner requesting a waiver satisfies the standards set forth 22 in section 17A.9A and if the alternative methods proposed 23 by the electric transmission owner would restore the land 24 to a condition as good as or better than as provided for in 25 subsection 1. 26 d. The commission may waive preparation of a separate land 27 restoration plan if the electric transmission owner enters into 28 an agricultural impact mitigation plan or similar agreement 29 with the appropriate agencies of this state that satisfies 30 the requirements of subsection 1. If a mitigation plan or 31 agreement is used to fully or partially meet the requirements 32 of a land restoration plan, the statement or agreement shall 33 be filed with the commission and shall be considered to be, 34 or to be part of, the land restoration plan for purposes of 35 -15- S 3064.1973 (1) 91 sb/js 15/ 29

subsection 1. 1 4. Nothing in this section shall limit, expand, or otherwise 2 modify the rights of access and obligations for damages set 3 forth in section 478.17. 4 5. The requirements of this section shall apply only to 5 electric transmission line construction projects commenced on 6 or after June 1, 2025. 7 Sec. 17. NEW SECTION . 478.35 Particular damage claims. 8 1. When the electric transmission line owner’s interest 9 in the landowner’s property was acquired by the exercise of 10 eminent domain pursuant to this chapter, compensable losses may 11 include but are not limited to any of the following: 12 a. Loss or reduced yield of crops or forage on the electric 13 transmission line right-of-way, whether caused directly by 14 construction or from disturbance of usual farm operations. 15 b. Loss or reduced yield of crops from land near the 16 electric transmission line right-of-way resulting from lack of 17 timely access to the land or other disturbance of usual farm 18 operations, including interference with irrigation or drainage. 19 c. Costs associated with the application of fertilizer, 20 lime, or organic material by the landowner to restore land 21 disturbed by construction to full productivity. 22 d. Loss of or damage to trees of commercial value that 23 occurs at the time of construction or restoration, or at the 24 time of any subsequent work by the individual, company, or 25 corporation operating the transmission line. 26 e. The cost of or losses in moving or relocating livestock, 27 and the loss of gain by or the death or injury of livestock 28 caused by the interruption or relocation of normal feeding. 29 f. Erosion and soil compaction on lands attributable to 30 electric transmission line construction. 31 g. Damage to farm equipment caused by striking debris or 32 other material reasonably associated with electric transmission 33 line construction while engaged in normal farming operations as 34 defined in section 480.1. 35 -16- S 3064.1973 (1) 91 sb/js 16/ 29

h. Damage to soil or water conservation structures caused 1 by construction, restoration, or subsequent work by the 2 individual, company, or corporation operating the transmission 3 line including but not limited to terraces, grassed waterways, 4 water and sediment control basins, ponds, saturated buffers, 5 and biofilters. 6 i. Damage to irrigation or drainage systems caused 7 by construction, restoration, or subsequent work by the 8 individual, company, or corporation operating the transmission 9 line. 10 2. A claim for damages pursuant to this section shall not be 11 precluded from renegotiation under section 6B.52 on the grounds 12 that the damages were apparent at the time of settlement unless 13 the settlement expressly releases the individual, company, 14 or corporation operating the transmission line from the 15 claim. The landowner shall notify the individual, company, or 16 corporation in writing fourteen days prior to harvest in each 17 year to assess crop deficiency. The landowner may submit a 18 global positioning yield map to demonstrate such crop loss, but 19 the information contained in such map shall not be dispositive 20 as to the extent or causation of the damages, which may be 21 contested by the individual, company, or corporation operating 22 the transmission line. 23 3. A landowner that incurred damage under this section 24 is eligible for compensation for damages. A landowner may 25 file a claim for damages against an individual, company, or 26 corporation operating the transmission line in small claims 27 or district court for a violation of this section or pursue 28 remedies under section 478.36. 29 Sec. 18. NEW SECTION . 478.36 Hearing —— commission member 30 attendance. 31 All hearings initiated under this chapter shall follow the 32 attendance rules governing commission members as provided in 33 section 476.33, subsection 5. 34 Sec. 19. Section 479.5, subsection 3, paragraph a, Code 35 -17- S 3064.1973 (1) 91 sb/js 17/ 29

2025, is amended to read as follows: 1 a. A pipeline company shall hold informational meetings 2 in each county in which real property or property rights will 3 be affected at least thirty days prior to filing the petition 4 for a new pipeline. A member of the commission or a person 5 designated by the commission shall serve as the presiding 6 officer at each meeting, shall present an agenda for the 7 meeting , which shall include a summary of the legal rights 8 of the affected landowners, and shall distribute and review 9 the statement of individual rights required under section 10 6B.2A . At least one member of the commission shall attend each 11 informational meeting. If at any point during the meeting 12 no member of the commission is available for any reason, the 13 meeting shall pause until at least one member of the commission 14 returns. A formal record of the meeting shall not be required. 15 Sec. 20. Section 479.5, subsection 5, Code 2025, is amended 16 to read as follows: 17 5. a. A pipeline company person seeking rights under this 18 chapter shall not negotiate or purchase any easements or other 19 interests in land in any county known to be affected by the 20 proposed project prior to the informational meeting. After 21 such meeting, if notice by publication was properly made, a 22 person seeking rights under this chapter and a landowner may 23 enter a voluntary agreement for an interest in land without 24 regard to whether the landowner received notice by mail. Prior 25 to entering a voluntary agreement with a landowner who did not 26 receive notice of the informational meeting by mail, the person 27 seeking rights under this chapter shall provide such landowner 28 copies of the informational meeting materials presented by 29 the commission, the consumer advocate, and the person seeking 30 rights under this chapter. Nothing in this paragraph shall 31 prohibit a person seeking rights under this chapter from 32 holding a meeting prior to the informational meeting required 33 by this section to provide general information regarding a 34 project to a community that does not include negotiating 35 -18- S 3064.1973 (1) 91 sb/js 18/ 29

specific terms with specific landowners. 1 b. A person seeking rights under this chapter may contact 2 landowners within five miles of the project’s proposed route 3 for the purpose of seeking voluntary easements under the same 4 conditions as provided in paragraph “a” . 5 Sec. 21. Section 479.9, Code 2025, is amended to read as 6 follows: 7 479.9 Objections. 8 1. Any person, corporation, company, or city whose rights 9 or interests may be affected by a proposed pipeline or lines 10 or gas storage facilities may file written objections to the 11 proposed pipeline or lines or gas storage facilities or to the 12 granting of a permit. 13 2. If a pipeline or line route is readjusted or a gas 14 storage facility is relocated due to an objection filed 15 pursuant to this section, the utilities commission shall not 16 require a pipeline company to resubmit an application for a 17 permit pursuant to section 479.5. 18 Sec. 22. Section 479.12, Code 2025, is amended to read as 19 follows: 20 479.12 Final order —— condition. 21 The commission may grant a permit in whole or in part upon 22 terms, conditions, and restrictions as to safety requirements 23 and as to location and route as determined by it to be just 24 and proper. Before a permit is granted to a pipeline company, 25 the commission, after a public hearing as provided in this 26 chapter , shall determine whether the services proposed to be 27 rendered will promote the public convenience and necessity, and 28 an affirmative finding to that effect is a condition precedent 29 to the granting of a permit. The commission shall render a 30 decision on a petition requesting the power of eminent domain 31 no later than one year after the request for eminent domain is 32 received by the commission. 33 Sec. 23. Section 479.25, Code 2025, is amended to read as 34 follows: 35 -19- S 3064.1973 (1) 91 sb/js 19/ 29