House File 639 S-3165 Amend the amendment, S-3064, to House File 639, as amended, 1 passed, and reprinted by the House, as follows: 2 1. Page 1, before line 1 by inserting: 3 < Amend House File 639, as amended, passed, and reprinted by 4 the House, as follows: 5 1. By striking everything after the enacting clause and 6 inserting: 7 < Section 1. Section 476.33, Code 2025, is amended by adding 8 the following new subsection: 9 NEW SUBSECTION . 5. For hearings initiated under this 10 chapter, a majority of the members of the commission shall be 11 present during any live testimony. If at any point during live 12 testimony at a hearing less than a majority of the members 13 are available for any reason, the meeting shall pause until a 14 majority of the members of the commission are available. 15 Sec. 2. Section 476A.4, Code 2025, is amended by adding the 16 following new subsections: 17 NEW SUBSECTION . 6. All hearings initiated under this 18 chapter shall follow the attendance rules governing commission 19 members as provided in section 476.33, subsection 5. 20 NEW SUBSECTION . 7. After a hearing, if notice by 21 publication was properly made, an operator of an electric power 22 generation and transmission facility and a property owner may 23 enter a voluntary agreement for an interest in the property 24 without regard to whether the property owner received notice 25 by mail. 26 Sec. 3. NEW SECTION . 476A.4A Objections. 27 1. If an applicant is exercising the power of eminent domain 28 pursuant to this chapter, a person, including a governmental 29 entity, whose rights or interests may be affected by the 30 proposed facility may file written objections. 31 2. All objections shall be on file with the commission 32 not less than five days before the date of hearing on the 33 application. However, the commission may permit the filing 34 of the objections later than five days before the hearing, in 35 -1- S 3064.1983 (2) 91 sb/js 1/ 29 #1.

which event the applicant must be granted a reasonable time to 1 respond to the objections. 2 3. If a facility is relocated due to an objection filed 3 pursuant to this section, the utilities commission shall not 4 require an applicant to resubmit an application for a permit 5 pursuant to section 479A.3. 6 4. Notwithstanding any other provisions in this section, 7 an objection filed by a government entity that is a regulatory 8 agency or city or county zoning authority subject to the 9 requirements of section 476A.5 shall only address items not 10 within the scope of section 476A.5. 11 Sec. 4. Section 476A.6, unnumbered paragraph 1, Code 2025, 12 is amended to read as follows: 13 The commission shall render a decision on the application in 14 an expeditious manner. The commission shall render a decision 15 on an application requesting the power of eminent domain no 16 later than one year after the request for eminent domain is 17 received by the commission. A certificate shall be issued to 18 the applicant if the commission finds all of the following: 19 Sec. 5. NEW SECTION . 476A.16 Access to lines —— damages. 20 1. Individuals or corporations operating transmission 21 lines for the facility shall have reasonable access to 22 the transmission lines for the purpose of constructing, 23 reconstructing, enlarging, repairing, or locating the poles, 24 wires, or construction and other devices used in or upon any 25 line, but shall pay to the owner of the lands and of crops on 26 the lands all damages to the lands or crops caused by entering, 27 using, and occupying the lands for those purposes. This 28 section shall not prevent the execution of an agreement between 29 the person, company, or corporation owning or operating the 30 lines and the owner of the land or crops regarding the use of 31 the land. 32 2. A claim for crop yield loss damages pursuant to this 33 section shall not be precluded from renegotiation under section 34 6B.52 on the grounds that the damages were apparent at the time 35 -2- S 3064.1983 (2) 91 sb/js 2/ 29

of settlement unless the settlement expressly releases the 1 person, company, or corporation owning or operating the lines 2 from claims for damages to the productivity of the soil. A 3 landowner that seeks damages under this section not subject to 4 a release shall notify the person, company, or corporation in 5 writing fourteen days prior to harvest in each year to assess 6 crop deficiency. 7 Sec. 6. NEW SECTION . 476A.17 Drainage tile —— liability. 8 For an applicant exercising the power of eminent domain 9 pursuant to this chapter, the operator of the electric power 10 generation and transmission facility shall be liable for 11 repairs of drainage tile installed prior to the installation of 12 the facility, when the installation, construction, operation, 13 maintenance, or repair of the facility is the proximate cause 14 of the damage to the drainage tile. The operator’s liability 15 pursuant to this section shall continue for the life of the 16 electric power generation and transmission facility and shall 17 include all of the following: 18 1. The full replacement costs of the drainage tile, 19 including, without limitation, material, labor, and equipment. 20 2. The reclamation and restoration of topsoil as part of any 21 drainage tile repair. 22 Sec. 7. NEW SECTION . 476A.18 Land restoration standards. 23 1. The commission shall adopt rules pursuant to chapter 24 17A regarding the restoration of agricultural lands following 25 construction of a facility subject to this chapter for which 26 the power of eminent domain was used. Rules adopted under this 27 section shall implement the following requirements, which shall 28 not apply within the corporate limits of a city, to any land 29 owned by the facility owner, or to any construction, activity, 30 or facility other than a facility as defined in this chapter: 31 a. A facility owner shall repair a damaged underground 32 drain tile as soon as practicable during construction of the 33 facility. Permanent repairs to the damaged underground drain 34 tile shall be completed as soon as practicable after the 35 -3- S 3064.1983 (2) 91 sb/js 3/ 29

initial construction of the facility is complete. The repairs 1 made to the damaged drain tile shall be of at least equal 2 quality, size, and flow capacity of the original drain tile. 3 b. Following the construction of the facility, the facility 4 owner shall remove from any easement area all rock larger than 5 three inches in average diameter not native to the soil of the 6 excavated land. The rock removed from the excavated land that 7 cannot be used to backfill shall be disposed of at a location 8 and in a manner agreed upon by the facility owner and the 9 landowner. 10 c. Upon completion of construction activities on a property, 11 the facility owner shall deep till agricultural land, including 12 right-of-way access points or roads traversed by heavy 13 construction equipment, to alleviate soil compaction. The land 14 shall be tilled at least eighteen inches deep in land used for 15 crop production and twelve inches deep in other lands unless 16 otherwise agreed to by the landowner. 17 d. Upon completion of the facility, the facility owner shall 18 restore the soil conservation practices and structures damaged 19 during construction of the facility to the elevation and grade 20 existing on the land prior to the construction. The soil used 21 to repair embankments intended to retain water shall be well 22 compacted. Any vegetation disturbed during construction shall 23 be reestablished, including cover crops when appropriate. 24 e. Following compaction of the land, agricultural land that 25 is not in row crop or small grain production at the time of 26 construction, including hay ground and land in conservation or 27 set-aside programs, shall be reseeded and a cover crop shall 28 be utilized when appropriate. Seeding for cover crops may be 29 delayed if the construction of the facility is completed too 30 late in the year for a cover crop to become established and is 31 not required if the land will be tilled in the following year. 32 The landowner may request ground cover to prevent soil erosion 33 in areas where construction on the facility is completed if the 34 season is not suitable for seeding a cover crop. 35 -4- S 3064.1983 (2) 91 sb/js 4/ 29

f. Unless agreed upon by the facility owner and the 1 landowner, the facility owner shall remove field entrances 2 or temporary roads built for the purpose of constructing the 3 facility upon the completion of construction and restore the 4 area to its previous use. 5 g. A facility owner shall use good utility practices for 6 constructing the facility in wet conditions, such as electing 7 to use matting or padding when utilizing heavy equipment. A 8 facility owner shall grade and till any rutted land to restore, 9 to the extent practicable, the original condition of the land 10 prior to the construction of the facility. If agreed upon by 11 the facility owner and the landowner, the landowner may repair 12 any damage caused by construction activities in wet conditions 13 and the facility owner shall reimburse the landowner for the 14 reasonable cost incurred to repair the damage. If a facility 15 owner utilizes heavy equipment in wetlands or mudflats, mats or 16 other measures shall be utilized to minimize soil disturbance. 17 h. The facility owner shall designate a point of contact for 18 inquiries or claims from an affected person. The designation 19 shall include a name, a telephone number, an email address, and 20 an address. 21 2. a. If a facility owner and a landowner dispute a 22 potential violation of the restoration standards provided in 23 subsection 1, the commission may appoint a qualified individual 24 to inspect the property for compliance. If the qualified 25 individual determines that there has been a violation of the 26 applicable restoration standards, the commission shall provide 27 oral notice, followed by written notice, to the facility owner 28 and the contractor operating for the facility owner and order 29 corrective action to comply with the restoration standards. 30 The facility owner shall be responsible for the costs of the 31 corrective action. 32 b. If the facility owner or the contractor for the facility 33 owner does not comply with a valid order for corrective 34 action issued by the commission, the commission may issue an 35 -5- S 3064.1983 (2) 91 sb/js 5/ 29

order requiring corrective action to be taken and may impose 1 civil penalties under section 478.29, which shall apply to a 2 violation of this section in lieu of section 476A.14. 3 c. The commission shall instruct the inspector appointed by 4 the commission regarding the content of the statutes and rules 5 and the responsibility of the inspector to require restoration 6 conforming with the standards established in subsection 1. 7 3. a. An applicant for a certificate shall file with the 8 application a written land restoration plan that documents how 9 the requirements and rules of subsection 1 will be met. The 10 applicant shall provide a copy of the plan to all landowners 11 of property that will be disturbed by the construction of the 12 facility. 13 b. Nothing in this section shall preclude the application 14 of provisions for protecting or restoring property that are 15 different than those prescribed in subsection 1, in rules 16 adopted under subsection 1, or in the land restoration plan, 17 if the alternative provisions are contained in agreements 18 independently executed by the facility owner and the landowner. 19 Independent agreements for land restoration between the 20 facility owner and the landowner shall be in writing and made 21 available to the commission upon request. 22 c. The commission may by waiver allow variations from the 23 requirements of subsection 1 if the facility owner requesting a 24 waiver satisfies the standards set forth in section 17A.9A and 25 if the alternative methods proposed by the facility owner would 26 restore the land to a condition as good as or better than as 27 provided for in subsection 1. 28 d. The commission may waive preparation of a separate 29 land restoration plan if the facility owner enters into an 30 agricultural impact mitigation plan or similar agreement 31 with the appropriate agencies of this state that satisfies 32 the requirements of subsection 1. If a mitigation plan or 33 agreement is used to fully or partially meet the requirements 34 of a land restoration plan, the statement or agreement shall 35 -6- S 3064.1983 (2) 91 sb/js 6/ 29

be filed with the commission and shall be considered to be, 1 or to be part of, the land restoration plan for purposes of 2 subsection 1. 3 4. Nothing in this section shall limit, expand, or otherwise 4 modify the rights of access and obligations for damages set 5 forth in section 476A.16. 6 5. The requirements of this section shall apply only to 7 facility construction projects commenced on or after June 1, 8 2025. 9 Sec. 8. NEW SECTION . 476A.19 Particular damage claims. 10 1. When the facility owner’s interest in the landowner’s 11 property was acquired by the exercise of eminent domain 12 pursuant to this chapter, compensable losses may include but 13 are not limited to any of the following: 14 a. Loss or reduced yield of crops or forage on the facility 15 right-of-way, whether caused directly by construction or from 16 disturbance of usual farm operations. 17 b. Loss or reduced yield of crops from land near the 18 facility right-of-way resulting from lack of timely access 19 to the land or other disturbance of usual farm operations, 20 including interference with irrigation or drainage. 21 c. Costs associated with the application of fertilizer, 22 lime, or organic material by the landowner to restore land 23 disturbed by construction to full productivity. 24 d. Loss of or damage to trees of commercial value that 25 occurs at the time of construction or restoration, or at the 26 time of any subsequent work by the individual, company, or 27 corporation operating the facility. 28 e. The cost of or losses in moving or relocating livestock, 29 and the loss of gain by or the death or injury of livestock 30 caused by the interruption or relocation of normal feeding. 31 f. Erosion and soil compaction on lands attributable to 32 facility construction. 33 g. Damage to farm equipment caused by striking debris or 34 other material reasonably associated with facility construction 35 -7- S 3064.1983 (2) 91 sb/js 7/ 29

while engaged in normal farming operations as defined in 1 section 480.1. 2 h. Damage to soil or water conservation structures caused 3 by construction, restoration, or subsequent work by the 4 individual, company, or corporation operating the facility 5 including but not limited to terraces, grassed waterways, water 6 and sediment control basins, ponds, saturated buffers, and 7 biofilters. 8 i. Damage to irrigation or drainage systems caused 9 by construction, restoration, or subsequent work by the 10 individual, company, or corporation operating the facility. 11 2. A claim for damages pursuant to this section shall not be 12 precluded from renegotiation under section 6B.52 on the grounds 13 that the damages were apparent at the time of settlement unless 14 the settlement expressly releases the individual, company, 15 or corporation operating the facility from the claim. The 16 landowner shall notify the individual, company, or corporation 17 in writing fourteen days prior to harvest in each year to 18 assess crop deficiency. 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 facility in small claims or district 23 court for a violation of this section. 24 Sec. 9. Section 478.2, subsection 2, paragraph a, Code 2025, 25 is amended to read as follows: 26 a. A member of the commission, the counsel of the 27 commission, or a presiding officer designated by the commission 28 shall serve as the presiding officer at each meeting, shall 29 present an agenda for such meeting , which shall include 30 a summary of the legal rights of the affected landowners, 31 and shall distribute and review the statement of individual 32 rights required under section 6B.2A, subsection 1 . At least 33 one member of the commission shall attend each informational 34 meeting. If at any point during the meeting no member of the 35 -8- S 3064.1983 (2) 91 sb/js 8/ 29

commission is available for any reason, the meeting shall pause 1 until at least one member of the commission returns. A formal 2 record of the meeting shall not be required. 3 Sec. 10. Section 478.2, subsection 4, Code 2025, is amended 4 to read as follows: 5 4. a. A person seeking rights under this chapter shall 6 not negotiate or purchase any easements or other interests in 7 land in any county known to be affected by the proposed project 8 prior to the informational meeting. After such meeting, if 9 notice by publication was properly made, a person seeking 10 rights under this chapter and a landowner may enter a voluntary 11 agreement for an interest in land without regard to whether 12 the landowner received notice by mail. Prior to entering a 13 voluntary agreement with a landowner who did not receive notice 14 of the informational meeting by mail, the person seeking rights 15 under this chapter shall provide such landowner copies of the 16 informational meeting materials presented by the commission, 17 the consumer advocate, and the person seeking rights under 18 this chapter. Nothing in this paragraph shall prohibit a 19 person seeking rights under this chapter from holding a meeting 20 prior to the informational meeting required by this section to 21 provide general information regarding a project to a community 22 that does not include negotiating specific terms with specific 23 landowners. 24 b. A person seeking rights under this chapter may contact 25 landowners within five miles of the project’s proposed route 26 for the purpose of seeking voluntary easements under the same 27 conditions as provided in paragraph “a” . 28 Sec. 11. Section 478.5, Code 2025, is amended to read as 29 follows: 30 478.5 Notice —— objections filed. 31 1. Upon the filing of such petition, the utilities 32 commission shall cause a notice, addressed to the citizens 33 of each county through which the proposed line or lines 34 will extend, to be published in a newspaper located in each 35 -9- S 3064.1983 (2) 91 sb/js 9/ 29

such county for two consecutive weeks. Said notice shall 1 contain a general statement of the contents and purpose of the 2 petition, a general description of the lands and highways to 3 be traversed by the proposed line or lines, and shall state 4 that any objections thereto must be filed in writing with the 5 commission not later than twenty days after the date of last 6 publication of the notice. Any person, company, city, or 7 corporation whose rights may be affected, shall have the right 8 to file written objections to the proposed improvement or to 9 the granting of such franchise; such objections shall be filed 10 with the commission not later than twenty days after the date 11 of last publication and shall state the grounds therefor. The 12 commission may allow objections to be filed later in which 13 event the applicant must be given reasonable time to meet 14 respond to such late objections. 15 2. If a route is readjusted due to an objection filed 16 pursuant to this section, the utilities commission shall not 17 require the individual, company, or corporation asking for the 18 franchise to resubmit a petition for a franchise pursuant to 19 section 478.2. 20 Sec. 12. Section 478.6, Code 2025, is amended by adding the 21 following new subsection: 22 NEW SUBSECTION . 4. The commission shall render a decision 23 on a petition requesting the power of eminent domain no later 24 than one year after the request for eminent domain is received 25 by the commission. 26 Sec. 13. Section 478.17, Code 2025, is amended to read as 27 follows: 28 478.17 Access to lines —— damages. 29 1. Individuals or corporations operating transmission lines 30 shall have reasonable access to the transmission lines for the 31 purpose of constructing, reconstructing, enlarging, repairing, 32 or locating the poles, wires, or construction and other devices 33 used in or upon any line, but shall pay to the owner of the 34 lands and of crops on the lands all damages to the lands or 35 -10- S 3064.1983 (2) 91 sb/js 10/ 29

crops caused by entering, using, and occupying the lands for 1 those purposes. This section shall not prevent the execution 2 of an agreement between the person , or company , or corporation 3 owning or operating the lines and the owner of the land or 4 crops regarding the use of the land. 5 2. A claim for damages pursuant to this section due to crop 6 yield loss shall not be precluded from renegotiation under 7 section 6B.52 on the grounds that the damages were apparent at 8 the time of settlement unless the settlement expressly releases 9 the person, company, or corporation owning or operating the 10 lines from claims for damages to the productivity of the soil. 11 A landowner that seeks damages under this section not subject 12 to a release shall notify the person, company, or corporation 13 in writing fourteen days prior to harvest in each year to 14 assess crop deficiency. 15 Sec. 14. NEW SECTION . 478.17A Drainage tile —— liability. 16 For an applicant exercising the power of eminent domain 17 pursuant to this chapter, an electric transmission owner 18 as defined in section 478.16 shall be liable for repairs 19 of drainage tile installed prior to the installation of 20 the electric transmission line, when the installation, 21 construction, operation, maintenance, or repair of the electric 22 transmission line is the proximate cause of the damage to 23 the drainage tile. The operator’s liability pursuant to 24 this section shall continue for the life of the electric 25 transmission line and shall include all of the following: 26 1. The full replacement costs of the drainage tile, 27 including, without limitation, material, labor, and equipment. 28 2. The reclamation and restoration of topsoil as part of any 29 drainage tile repair. 30 Sec. 15. Section 478.29, subsection 1, Code 2025, is amended 31 to read as follows: 32 1. A person who violates a provision of this chapter or 33 section 476A.18 is subject to a civil penalty, which may 34 be levied by the commission, of not more than one hundred 35 -11- S 3064.1983 (2) 91 sb/js 11/ 29

dollars per violation or one thousand dollars per day of a 1 continuing violation, whichever is greater. Civil penalties 2 collected pursuant to this section shall be forwarded by the 3 chief operating officer of the commission to the treasurer 4 of state to be credited to the general fund of the state and 5 appropriated to the department of health and human services for 6 purposes of the low income home energy assistance program and 7 the weatherization assistance program. 8 Sec. 16. NEW SECTION . 478.34 Land restoration standards. 9 1. The commission shall adopt rules pursuant to chapter 10 17A regarding the restoration of agricultural lands following 11 construction of an electric transmission line subject to 12 this chapter that is capable of operating at two hundred 13 kilovolts or greater. Rules adopted under this section shall 14 implement the following requirements, which shall not apply 15 within the corporate limits of a city, to property excluded 16 from a franchise under section 478.1, subsection 2, or to any 17 construction, activity, or facility not subject to a franchise 18 under this chapter: 19 a. An electric transmission owner shall repair a damaged 20 underground drain tile as soon as practicable during 21 construction of the electric transmission line. Permanent 22 repairs to the damaged underground drain tile shall be 23 completed as soon as practicable after the initial construction 24 of the electric transmission line is complete. The repairs 25 made to the damaged drain tile shall be of at least equal 26 quality, size, and flow capacity of the original drain tile. 27 b. Following the construction of an electric transmission 28 line, the electric transmission owner shall remove from the 29 easement area all rock larger than three inches in average 30 diameter not native to the soil of the excavated land. The 31 rock removed from the excavated land that cannot be used to 32 backfill shall be disposed of at a location and in a manner 33 agreed upon by the electric transmission owner and the 34 landowner. 35 -12- S 3064.1983 (2) 91 sb/js 12/ 29

c. Upon completion of construction activities on a property, 1 the electric transmission owner shall deep till agricultural 2 land, including right-of-way access points or roads traversed 3 by heavy construction equipment, to alleviate soil compaction. 4 The land shall be tilled at least eighteen inches deep in land 5 used for crop production and twelve inches deep in other lands 6 unless otherwise agreed to by the landowner. 7 d. Upon completion of the electric transmission line, the 8 electric transmission owner shall restore the soil conservation 9 practices and structures damaged during construction of the 10 electric transmission line to the elevation and grade existing 11 on the land prior to the construction. The soil used to 12 repair embankments intended to retain water shall be well 13 compacted. Any vegetation disturbed during construction shall 14 be reestablished, including cover crops when appropriate. 15 e. Following compaction of the land, agricultural land that 16 is not in row crop or small grain production at the time of 17 construction, including hay ground and land in conservation or 18 set-aside programs, shall be reseeded and a cover crop shall 19 be utilized when appropriate. Seeding for cover crops may be 20 delayed if the construction of the electric transmission line 21 is completed too late in the year for a cover crop to become 22 established and is not required if the land will be tilled in 23 the following year. The landowner may request ground cover 24 to prevent soil erosion in areas where construction on the 25 electric transmission line is completed if the season is not 26 suitable for seeding a cover crop. 27 f. Unless agreed upon by the electric transmission owner 28 and the landowner, the electric transmission owner shall remove 29 field entrances or temporary roads built for the purpose of 30 constructing the electric transmission line upon the completion 31 of construction and restore the area to its previous use. 32 g. An electric transmission owner shall use good utility 33 practices for constructing the electric transmission line in 34 wet conditions, such as electing to use matting or padding when 35 -13- S 3064.1983 (2) 91 sb/js 13/ 29

utilizing heavy equipment. An electric transmission owner 1 shall grade and till any rutted land to restore, to the extent 2 practicable, the original condition of the land prior to the 3 construction of the electric transmission line. If agreed 4 upon by the electric transmission owner and the landowner, 5 the landowner may repair any damage caused by construction 6 activities in wet conditions and the electric transmission 7 owner shall reimburse the landowner for the reasonable cost 8 incurred to repair the damage. If an electric transmission 9 owner utilizes heavy equipment in wetlands or mudflats, mats or 10 other measures shall be utilized to minimize soil disturbance. 11 h. The electric transmission owner shall designate a point 12 of contact for inquiries or claims from an affected person. 13 The designation shall include a name, a telephone number, an 14 email address, and an address. 15 2. a. If an electric transmission owner and a landowner 16 dispute a potential violation of the restoration standards 17 provided in subsection 1, the commission may appoint a 18 qualified individual to inspect the property for compliance. 19 If the qualified individual determines that there has been 20 a violation of the applicable restoration standards, the 21 commission shall provide oral notice, followed by written 22 notice, to the electric transmission owner and the contractor 23 operating for the electric transmission owner and order 24 corrective action to comply with the restoration standards. 25 The electric transmission owner shall be responsible for the 26 costs of the corrective action. 27 b. If the electric transmission owner or the contractor 28 for the electric transmission owner does not comply with a 29 valid order for corrective action issued by the commission, the 30 commission may issue an order requiring corrective action to be 31 taken and may impose civil penalties under section 478.29. 32 c. The commission shall instruct the inspector appointed by 33 the commission regarding the content of the statutes and rules 34 and the responsibility of the inspector to require restoration 35 -14- S 3064.1983 (2) 91 sb/js 14/ 29

conforming with the standards established in subsection 1. 1 3. a. A petitioner for a franchise for an electric 2 transmission line shall file with the petition a written land 3 restoration plan that documents how the requirements and rules 4 of subsection 1 will be met. The petitioner shall provide a 5 copy of the plan to all landowners of property that will be 6 disturbed by the construction of the electric transmission 7 line. 8 b. Nothing in this section shall preclude the application 9 of provisions for protecting or restoring property that are 10 different than those prescribed in subsection 1, in rules 11 adopted under subsection 1, or in the land restoration plan, 12 if the alternative provisions are contained in agreements 13 independently executed by the electric transmission owner and 14 the landowner. Independent agreements for land restoration 15 between the electric transmission owner and the landowner shall 16 be in writing and shall be made available to the commission 17 upon request. 18 c. The commission may by waiver allow variations from the 19 requirements of subsection 1 if the electric transmission 20 owner requesting a waiver satisfies the standards set forth 21 in section 17A.9A and if the alternative methods proposed 22 by the electric transmission owner would restore the land 23 to a condition as good as or better than as provided for in 24 subsection 1. 25 d. The commission may waive preparation of a separate land 26 restoration plan if the electric transmission owner enters into 27 an 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 -15- S 3064.1983 (2) 91 sb/js 15/ 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 478.17. 3 5. The requirements of this section shall apply only to 4 electric transmission line construction projects commenced on 5 or after June 1, 2025. 6 Sec. 17. NEW SECTION . 478.35 Particular damage claims. 7 1. When the electric transmission line owner’s interest 8 in the landowner’s property was acquired by the exercise of 9 eminent domain pursuant to this chapter, compensable losses may 10 include but are not limited to any of the following: 11 a. Loss or reduced yield of crops or forage on the electric 12 transmission line right-of-way, whether caused directly by 13 construction or from disturbance of usual farm operations. 14 b. Loss or reduced yield of crops from land near the 15 electric transmission line right-of-way resulting from lack of 16 timely access to the land or other disturbance of usual farm 17 operations, 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 transmission line. 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 electric transmission line construction. 30 g. Damage to farm equipment caused by striking debris or 31 other material reasonably associated with electric transmission 32 line construction while engaged in normal farming operations as 33 defined in section 480.1. 34 h. Damage to soil or water conservation structures caused 35 -16- S 3064.1983 (2) 91 sb/js 16/ 29

by construction, restoration, or subsequent work by the 1 individual, company, or corporation operating the transmission 2 line including but not limited to terraces, grassed waterways, 3 water and sediment control basins, ponds, saturated buffers, 4 and 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 transmission 8 line. 9 2. A claim for damages pursuant to this section shall not be 10 precluded from renegotiation under section 6B.52 on the grounds 11 that the damages were apparent at the time of settlement unless 12 the settlement expressly releases the individual, company, 13 or corporation operating the transmission line from the 14 claim. The landowner shall notify the individual, company, or 15 corporation in writing fourteen days prior to harvest in each 16 year to assess crop deficiency. The landowner may submit a 17 global positioning yield map to demonstrate such crop loss, but 18 the information contained in such map shall not be dispositive 19 as to the extent or causation of the damages, which may be 20 contested by the individual, company, or corporation operating 21 the transmission line. 22 3. A landowner that incurred damage under this section 23 is eligible for compensation for damages. A landowner may 24 file a claim for damages against an individual, company, or 25 corporation operating the transmission line in small claims 26 or district court for a violation of this section or pursue 27 remedies under section 478.36. 28 Sec. 18. NEW SECTION . 478.36 Hearing —— commission member 29 attendance. 30 All hearings initiated under this chapter shall follow the 31 attendance rules governing commission members as provided in 32 section 476.33, subsection 5. 33 Sec. 19. Section 479.5, subsection 3, paragraph a, Code 34 2025, is amended to read as follows: 35 -17- S 3064.1983 (2) 91 sb/js 17/ 29

a. A pipeline company shall hold informational meetings 1 in each county in which real property or property rights will 2 be affected at least thirty days prior to filing the petition 3 for a new pipeline. A member of the commission or a person 4 designated by the commission shall serve as the presiding 5 officer at each meeting, shall present an agenda for the 6 meeting , which shall include a summary of the legal rights 7 of the affected landowners, and shall distribute and review 8 the statement of individual rights required under section 9 6B.2A . At least one member of the commission shall attend each 10 informational meeting. If at any point during the meeting 11 no member of the commission is available for any reason, the 12 meeting shall pause until at least one member of the commission 13 returns. A formal record of the meeting shall not be required. 14 Sec. 20. Section 479.5, subsection 5, Code 2025, is amended 15 to read as follows: 16 5. a. A pipeline company person seeking rights under this 17 chapter shall not negotiate or purchase any easements or other 18 interests in land in any county known to be affected by the 19 proposed project prior to the informational meeting. After 20 such meeting, if notice by publication was properly made, a 21 person seeking rights under this chapter and a landowner may 22 enter a voluntary agreement for an interest in land without 23 regard to whether the landowner received notice by mail. Prior 24 to entering a voluntary agreement with a landowner who did not 25 receive notice of the informational meeting by mail, the person 26 seeking rights under this chapter shall provide such landowner 27 copies of the informational meeting materials presented by 28 the commission, the consumer advocate, and the person seeking 29 rights under this chapter. Nothing in this paragraph shall 30 prohibit a person seeking rights under this chapter from 31 holding a meeting prior to the informational meeting required 32 by this section to provide general information regarding a 33 project to a community that does not include negotiating 34 specific terms with specific landowners. 35 -18- S 3064.1983 (2) 91 sb/js 18/ 29

b. A person seeking rights under this chapter may contact 1 landowners within five miles of the project’s proposed route 2 for the purpose of seeking voluntary easements under the same 3 conditions as provided in paragraph “a” . 4 Sec. 21. Section 479.9, Code 2025, is amended to read as 5 follows: 6 479.9 Objections. 7 1. Any person, corporation, company, or city whose rights 8 or interests may be affected by a proposed pipeline or lines 9 or gas storage facilities may file written objections to the 10 proposed pipeline or lines or gas storage facilities or to the 11 granting of a permit. 12 2. If a pipeline or line route is readjusted or a gas 13 storage facility is relocated due to an objection filed 14 pursuant to this section, the utilities commission shall not 15 require a pipeline company to resubmit an application for a 16 permit pursuant to section 479.5. 17 Sec. 22. Section 479.12, Code 2025, is amended to read as 18 follows: 19 479.12 Final order —— condition. 20 The commission may grant a permit in whole or in part upon 21 terms, conditions, and restrictions as to safety requirements 22 and as to location and route as determined by it to be just 23 and proper. Before a permit is granted to a pipeline company, 24 the commission, after a public hearing as provided in this 25 chapter , shall determine whether the services proposed to be 26 rendered will promote the public convenience and necessity, and 27 an affirmative finding to that effect is a condition precedent 28 to the granting of a permit. The commission shall render a 29 decision on a petition requesting the power of eminent domain 30 no later than one year after the request for eminent domain is 31 received by the commission. 32 Sec. 23. Section 479.25, Code 2025, is amended to read as 33 follows: 34 479.25 Damages. 35 -19- S 3064.1983 (2) 91 sb/js 19/ 29