House File 2104 S-5190 Amend the amendment, S-5001, to House File 2104, as passed by 1 the House, as follows: 2 1. By striking page 1, line 1, through page 8, line 7, and 3 inserting: 4 < Amend House File 2104, as passed by the House, as follows: 5 1. By striking everything after the enacting clause and 6 inserting: 7 < Section 1. Section 6A.22, Code 2026, is amended by adding 8 the following new subsection: 9 NEW SUBSECTION . 3. Notwithstanding any other provision of 10 law, a person shall not exercise the power of eminent domain to 11 acquire right-of-way for, construct, or operate a pipeline for 12 the primary purpose of transporting carbon oxide. 13 Sec. 2. Section 479B.2, Code 2026, is amended by adding the 14 following new subsection: 15 NEW SUBSECTION . 6. “Voluntary easement corridor” means land 16 within the county where the informational meeting is held and 17 within a distance of five miles on either side of a proposed 18 pipeline route. 19 Sec. 3. Section 479B.4, subsection 3, Code 2026, is amended 20 to read as follows: 21 3. The pipeline company shall hold informational meetings 22 in each county in which real property or property rights will 23 be affected at least thirty days prior to filing the petition 24 for a new pipeline. A member of the commission, or a person 25 designated by the commission, shall serve as the presiding 26 officer at each meeting and present an agenda for the meeting , 27 which shall include a summary of the legal rights of the 28 affected landowners. No A formal record of the meeting shall 29 be required and shall be part of the official record of the 30 proceeding . The meeting shall be held at a location reasonably 31 accessible to all persons who may be affected by granting the 32 permit. 33 Sec. 4. Section 479B.4, subsection 5, Code 2026, is amended 34 by adding the following new paragraphs: 35 -1- S 5001.4027 (2) 91 sb/js 1/ 8 #1.

NEW PARAGRAPH . c. The notice shall be served to the county 1 board of supervisors in the county where the meeting will take 2 place. Notwithstanding paragraph “b” , notice served under this 3 paragraph may be given electronically or through certified 4 mail. 5 NEW PARAGRAPH . d. The notice shall be served to the 6 governing body of any city with corporate limits that fall 7 within two miles of the voluntary easement corridor for the 8 purposes of complying with subdividing and platting rights and 9 responsibilities pursuant to section 354.9 and zoning rights 10 and responsibilities pursuant to section 414.23. 11 Sec. 5. Section 479B.4, subsection 6, Code 2026, is amended 12 to read as follows: 13 6. A pipeline company seeking rights under this chapter 14 shall not negotiate or purchase an easement or other interest 15 in land in a county known to be affected by the proposed 16 project prior to the informational meeting. Nothing in this 17 subsection shall prohibit a company seeking rights under this 18 chapter from holding a meeting to provide general information 19 regarding a project to a community that does not include 20 negotiating specific terms with specific landowners prior to 21 the informational meeting required by this section; however, 22 notice of a general informational meeting must be given to the 23 county board of supervisors in the county where the meeting 24 will occur no fewer than five business days prior to the 25 meeting. Notice of a general informational meeting may be 26 delivered electronically or by certified mail. 27 Sec. 6. Section 479B.4, Code 2026, is amended by adding the 28 following new subsection: 29 NEW SUBSECTION . 7. A pipeline company seeking rights under 30 this chapter shall not negotiate or purchase an easement or 31 other interest in land within two miles of the corporate limits 32 of a city without prior authorization from the governing body 33 of the city pursuant to sections 354.9 and 414.23. 34 Sec. 7. Section 479B.5, Code 2026, is amended to read as 35 -2- S 5001.4027 (2) 91 sb/js 2/ 8

follows: 1 479B.5 Petition. 2 A petition for a permit shall state , and the commission shall 3 consider as factors in the final order, all of the following: 4 1. The name of the individual, firm, corporation, company, 5 or association applying for the permit. 6 2. The applicant’s principal office and place of business. 7 3. A legal description of the route of the proposed pipeline 8 and a map of the route. 9 4. A general description of the public or private highways, 10 grounds, waters, streams, and private lands of any kind along, 11 over, or across which the proposed pipeline will pass. 12 5. If The following additional information if permission 13 is sought to construct, maintain, and operate facilities for 14 the underground storage of hazardous liquids the petition shall 15 include the following additional information : 16 a. A description and a map of the public or private 17 highways, grounds, waters, streams, and private lands of any 18 kind under which the storage is proposed. 19 b. Maps showing the location of proposed machinery, 20 appliances, fixtures, wells, and stations necessary for the 21 construction, maintenance, and operation of the hazardous 22 liquid storage facilities. 23 6. The possible use of alternative routes. 24 7. The relationship of the proposed project to the present 25 and future land use and zoning ordinances. 26 8. The inconvenience or undue injury which that may result 27 to property owners or the public as a result of the proposed 28 project. 29 9. Anticipated employment the project will provide to 30 Iowans, including the quantity and duration of construction 31 employment opportunities, the quantity of long-term operational 32 employment opportunities, the geographic location of long-term 33 operations centers, and the number of employment opportunities 34 of each type to be filled by residents of Iowa. 35 -3- S 5001.4027 (2) 91 sb/js 3/ 8

9. 10. An affidavit attesting to the fact that 1 informational meetings were held in each county affected by the 2 proposed project and the time and place of each meeting. 3 Sec. 8. Section 479B.6, Code 2026, is amended by adding the 4 following new subsection: 5 NEW SUBSECTION . 3. For any permit application for which the 6 applicant files an affidavit attesting to obtaining one hundred 7 percent voluntary easements, the commission shall prioritize 8 the hearing date for such application and conduct such hearing 9 before other applicants who have not obtained such voluntary 10 participation. 11 Sec. 9. Section 479B.9, Code 2026, is amended to read as 12 follows: 13 479B.9 Final order —— condition. 14 The commission may grant a permit in whole or in part upon 15 terms, conditions, and restrictions as to location and route 16 as it determines to be just and proper. A permit shall not be 17 granted to a pipeline company unless the commission determines 18 that the proposed services and the factors in the petition 19 will promote the public convenience and necessity. Conditions 20 in the permit shall be met within five years of the date of 21 issuance; otherwise the permit shall not be reissued without 22 reapplication to the commission under section 479B.4. 23 Sec. 10. Section 479B.14, Code 2026, is amended by adding 24 the following new subsection: 25 NEW SUBSECTION . 7. If the commission attaches conditions 26 to a permit, conditions in the permit shall be met within five 27 years of the date of issuance; otherwise the permit shall not 28 be reissued without reapplication to the commission under 29 section 479B.4. Any variance in the conditions attached to 30 the permit that result in deviations from the approved route 31 or approved voluntary easement corridor shall require public 32 meetings in accordance with section 479B.4, subsections 3 33 through 5, in affected counties. 34 Sec. 11. Section 479B.16, subsections 1 and 2, Code 2026, 35 -4- S 5001.4027 (2) 91 sb/js 4/ 8

are amended to read as follows: 1 1. A pipeline company granted a pipeline permit shall be 2 vested with the right of eminent domain, except for a pipeline 3 to transport carbon oxide, to the extent necessary and as 4 prescribed and approved by the commission, not exceeding 5 seventy-five feet in width for right-of-way and not exceeding 6 one acre in any one location in addition to right-of-way for 7 the location of pumps, pressure apparatus, or other stations or 8 equipment necessary to the proper operation of its pipeline. 9 The commission may grant additional eminent domain rights where 10 the pipeline company has presented sufficient evidence to 11 adequately demonstrate that a greater area is required for the 12 proper construction, operation, and maintenance of the pipeline 13 or for the location of pumps, pressure apparatus, or other 14 stations or equipment necessary to the proper operation of its 15 pipeline. The commission shall not grant eminent domain rights 16 for the transportation of carbon oxide. 17 2. A pipeline company granted a permit for underground 18 storage of hazardous liquid shall be vested with the right 19 of eminent domain , except for the storage of carbon oxide, 20 to the extent necessary and as prescribed and approved by 21 the commission in order to appropriate for its use for the 22 underground storage of hazardous liquid any subsurface stratum 23 or formation in any land which that the commission shall 24 have found to be suitable and in the public interest for the 25 underground storage of hazardous liquid, and may appropriate 26 other interests in property, as may be required adequately to 27 examine, prepare, maintain, and operate the underground storage 28 facilities. The commission shall not grant eminent domain 29 rights for the underground storage of carbon oxide. 30 Sec. 12. Section 479B.16, Code 2026, is amended by adding 31 the following new subsection: 32 NEW SUBSECTION . 4. a. Following the public informational 33 meeting held pursuant to section 479B.4 and proper publication 34 of notice required by section 479B.4, subsection 5, paragraph 35 -5- S 5001.4027 (2) 91 sb/js 5/ 8

“b” , a pipeline company may communicate with owners of record 1 of any land within the voluntary easement corridor for the 2 purpose of proposing voluntary transactions for the conveyance 3 of easements for the project, without regard to whether such 4 landowners received prior notice by mail. The pipeline company 5 shall not be required to provide to such landowners prior 6 individual notice of the proposed project before initiating 7 communication. 8 b. Before entering into a voluntary agreement with a 9 landowner who did not receive notice of the informational 10 meeting by mail, the pipeline company shall provide such 11 landowner copies of the informational meeting materials 12 presented by the commission, the consumer advocate, and the 13 company seeking rights under this chapter. 14 c. In a pipeline company’s initial communication with a 15 landowner, the company shall provide a written description of 16 the opt-out procedure described in paragraph “d” . 17 d. A landowner may decline further communication with a 18 pipeline company concerning a possible transaction for easement 19 rights by providing verbal or written notice to the pipeline 20 company that states the landowner does not wish to discuss the 21 matter further, and by submitting to the commission notice 22 through mail or by electronic means stating the same. Upon 23 receipt of such notice from the landowner, the commission shall 24 forward a copy to the pipeline company. 25 e. After receipt of notice by the landowner pursuant to 26 paragraph “d” , the pipeline company shall not initiate further 27 contact with the landowner for the purpose of an easement 28 transaction, except that the company may continue to contact 29 the landowner by mail. A landowner may rescind such refusal by 30 contacting the pipeline company and notifying the commission 31 through mail or electronic means. Unless the landowner 32 rescinds the refusal, the landowner’s land shall be deemed 33 unavailable for an easement agreement. 34 Sec. 13. RULES. The Iowa utilities commission shall 35 -6- S 5001.4027 (2) 91 sb/js 6/ 8

adopt rules pursuant to chapter 17A to administer this Act by 1 December 31, 2026. 2 Sec. 14. EFFECTIVE DATE. This Act, being deemed of 3 immediate importance, takes effect upon enactment. 4 Sec. 15. APPLICABILITY —— RETROACTIVE APPLICABILITY. 5 1. a. Except as provided in paragraph “b”, this Act applies 6 to the construction of any hazardous liquid pipeline for which 7 the petition is filed on or after the effective date of this 8 Act. 9 b. The section of this Act amending section 479B.9 applies 10 retroactively to the issuance of permits for the construction 11 of any hazardous liquid pipeline for which a petition was filed 12 under chapter 479B on or after January 1, 2020. 13 2. This Act applies to condemnation proceedings for which 14 the application under section 6B.3 is filed on or after the 15 effective date of this Act. > 16 2. Title page, by striking lines 1 through 3 and inserting 17 < An Act relating to hazardous liquid pipelines, including the 18 granting and exercising of eminent domain for carbon oxide 19 pipelines, and petition, informational meeting, and notice 20 requirements, and including effective date, applicability, and 21 retroactive applicability provisions. >> 22 ______________________________ KEVIN ALONS ______________________________ SANDY SALMON ______________________________ DENNIS GUTH -7- S 5001.4027 (2) 91 sb/js 7/ 8 #2.