Senate
File
2427
S-5059
Amend
Senate
File
2427
as
follows:
1
1.
By
striking
everything
after
the
enacting
clause
and
2
inserting:
3
<
Section
1.
NEW
SECTION
.
673B.1
Definitions.
4
As
used
in
this
chapter,
unless
the
context
otherwise
5
requires:
6
1.
“Agricultural
commodity”
means
a
farm
animal
or
farm
crop
7
as
each
is
defined
in
section
673A.3.
8
2.
a.
“Agricultural
source”
means
the
location
where
an
9
agricultural
commodity
is
produced,
handled,
housed,
stored,
10
preserved,
processed,
distributed,
or
sold.
11
b.
“Agricultural
source”
includes
the
location
where
an
12
agricultural
retailer
or
agricultural
service
provider
conducts
13
an
activity.
14
3.
“Greenhouse
gas”
means
a
gas
derived
from
human
activity
15
or
a
natural
source
that
is
any
of
the
following:
16
a.
Originating
from
any
of
the
following:
17
(1)
An
agricultural
source.
18
(2)
A
petroleum
source.
19
(3)
A
renewable
fuel
source.
20
b.
Any
of
the
following
gases:
21
(1)
Carbon
dioxide.
22
(2)
Hydrofluorocarbons.
23
(3)
Methane.
24
(4)
Nitrogen
trifluoride.
25
(5)
Nitrous
oxide.
26
(6)
Sulfur
hexafluoride.
27
(7)
Perfluorocarbons.
28
4.
“Petroleum
source”
means
a
location
where
petroleum
or
a
29
petroleum
product
is
manufactured,
stored,
or
dispensed.
30
5.
“Regulatory
authority”
means
the
department
of
natural
31
resources
or
a
federal
agency
regulating
greenhouse
gas
32
emissions,
including
the
United
States
environmental
protection
33
agency.
34
6.
“Renewable
fuel
source”
means
a
location
where
renewable
35
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3
#1.
fuel,
as
defined
in
section
214A.1,
is
manufactured,
stored,
1
or
dispensed.
2
Sec.
2.
NEW
SECTION
.
673B.2
Action
based
on
climate
——
3
limitation
on
liability.
4
1.
Subject
to
section
673B.3,
in
any
civil
or
criminal
5
action,
a
defendant
is
not
liable,
and
is
not
subject
to
6
any
judicial
remedy,
under
any
principle
of
law
or
equity,
7
for
damages
or
injury
from
any
alleged
actual
or
potential
8
effect
on
climate
caused
wholly
or
partly
by
a
greenhouse
gas
9
emission.
10
2.
Subsection
1
applies
regardless
of
the
civil
or
criminal
11
action
brought
or
type
of
relief
sought,
whether
legal
or
12
equitable.
13
3.
A
person
bringing
a
civil
or
criminal
action
that
alleges
14
damages
or
injury
as
described
in
subsection
1
must
do
all
of
15
the
following:
16
a.
Specify
each
greenhouse
gas
emitted
by
the
defendant
that
17
as
asserted
gives
rise
to
the
civil
or
criminal
action.
18
b.
Show
by
clear
and
convincing
evidence
that
unavoidable
19
and
identifiable
damage
or
injury
has
resulted
or
will
20
result
as
a
direct
cause
of
the
defendant’s
violation
of
an
21
enforceable
statutory
limitation
or
restriction
or
a
valid,
22
enforceable
operating,
air,
or
other
permit
issued
to
the
23
defendant
by
a
regulatory
authority.
24
Sec.
3.
NEW
SECTION
.
673B.3
Action
based
on
climate
——
25
applicability.
26
Section
673B.2
applies
unless
the
district
court
in
the
27
civil
or
criminal
case
finds
by
clear
and
convincing
evidence
28
that
the
defendant
has
violated
any
of
the
following:
29
1.
An
enforceable
statutory
limitation
or
restriction
30
governing
the
emission
of
a
specific
greenhouse
gas
originating
31
within
this
state.
32
2.
An
express
term
of
a
valid,
enforceable
operating,
33
air,
or
other
permit
issued
to
the
defendant
by
a
regulatory
34
authority
that
has
jurisdiction
over
the
defendant’s
greenhouse
35
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gas
emissions.
1
Sec.
4.
NEW
SECTION
.
673B.4
Statutory
construction.
2
This
chapter
shall
not
be
construed
to
create
either
a
right
3
to
bring
any
civil
or
criminal
action,
or
a
judicial
remedy,
4
under
any
principle
of
law
or
equity,
based
on
the
potential
5
effect
on
climate
caused
wholly
or
partly
by
a
greenhouse
gas
6
emission.
>
7
______________________________
TOM
SHIPLEY
-3-
SF
2427.3009
(2)
91
(amending
this
SF
2427
to
CONFORM
to
HF
2527)
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3