S-5190

   Amend  the amendment, S-5001, to House File 2104, as passed by the House, as follows:
   1.  By striking page 1, line 1, through page 8, line 7, and inserting: 
   <Amend House File 2104, as passed by the House, as follows:
   1.  By striking everything after the enacting clause and inserting: 
   <Section 1.  Section 6A.22, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  Notwithstanding any other provision of law, a person shall not exercise the power of eminent domain to acquire right-of-way for, construct, or operate a pipeline for the primary purpose of transporting carbon oxide.
   Sec. 2.  Section 479B.2, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  6.  “Voluntary easement corridor” means land within the county where the informational meeting is held and within a distance of five miles on either side of a proposed pipeline route.
   Sec. 3.  Section 479B.4, subsection 3, Code 2026, is amended to read as follows:
   3.  The pipeline company shall hold informational meetings in each county in which real property or property rights will be affected at least thirty days prior to filing the petition for a new pipeline. A member of the commission, or a person designated by the commission, shall serve as the presiding officer at each meeting and present an agenda for the meeting, which shall include a summary of the legal rights of the affected landowners. No A formal record of the meeting shall be required and shall be part of the official record of the proceeding. The meeting shall be held at a location reasonably accessible to all persons who may be affected by granting the permit.
   Sec. 4.  Section 479B.4, subsection 5, Code 2026, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  c.  The notice shall be served to the county board of supervisors in the county where the meeting will take place. Notwithstanding paragraph “b”, notice served under this paragraph may be given electronically or through certified mail.
   NEW PARAGRAPH.  d.  The notice shall be served to the governing body of any city with corporate limits that fall within two miles of the voluntary easement corridor for the purposes of complying with subdividing and platting rights and responsibilities pursuant to section 354.9 and zoning rights and responsibilities pursuant to section 414.23.
   Sec. 5.  Section 479B.4, subsection 6, Code 2026, is amended to read as follows:
   6.  A pipeline company seeking rights under this chapter shall not negotiate or purchase an easement or other interest in land in a county known to be affected by the proposed project prior to the informational meeting.  Nothing in this subsection shall prohibit a company seeking rights under this chapter from holding a meeting to provide general information regarding a project to a community that does not include negotiating specific terms with specific landowners prior to the informational meeting required by this section; however, notice of a general informational meeting must be given to the county board of supervisors in the county where the meeting will occur no fewer than five business days prior to the meeting. Notice of a general informational meeting may be delivered electronically or by certified mail.
   Sec. 6.  Section 479B.4, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  7.  A pipeline company seeking rights under this chapter shall not negotiate or purchase an easement or other interest in land within two miles of the corporate limits of a city without prior authorization from the governing body of the city pursuant to sections 354.9 and 414.23.
   Sec. 7.  Section 479B.5, Code 2026, is amended to read as follows:
   479B.5  Petition.
   A petition for a permit shall state, and the commission shall consider as factors in the final order, all of the following:
   1.  The name of the individual, firm, corporation, company, or association applying for the permit.
   2.  The applicant’s principal office and place of business.
   3.  A legal description of the route of the proposed pipeline and a map of the route.
   4.  A general description of the public or private highways, grounds, waters, streams, and private lands of any kind along, over, or across which the proposed pipeline will pass.
   5.  If The following additional information if permission is sought to construct, maintain, and operate facilities for the underground storage of hazardous liquids the petition shall include the following additional information:
   a.  A description and a map of the public or private highways, grounds, waters, streams, and private lands of any kind under which the storage is proposed.
   b.  Maps showing the location of proposed machinery, appliances, fixtures, wells, and stations necessary for the construction, maintenance, and operation of the hazardous liquid storage facilities.
   6.  The possible use of alternative routes.
   7.  The relationship of the proposed project to the present and future land use and zoning ordinances.
   8.  The inconvenience or undue injury which that may result to property owners or the public as a result of the proposed project.
   9.  Anticipated employment the project will provide to Iowans, including the quantity and duration of construction employment opportunities, the quantity of long-term operational employment opportunities, the geographic location of long-term operations centers, and the number of employment opportunities of each type to be filled by residents of Iowa.
   9.  10.  An affidavit attesting to the fact that informational meetings were held in each county affected by the proposed project and the time and place of each meeting.
   Sec. 8.  Section 479B.6, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  For any permit application for which the applicant files an affidavit attesting to obtaining one hundred percent voluntary easements, the commission shall prioritize the hearing date for such application and conduct such hearing before other applicants who have not obtained such voluntary participation.
   Sec. 9.  Section 479B.9, Code 2026, is amended to read as follows:
   479B.9  Final order —— condition.
   The commission may grant a permit in whole or in part upon terms, conditions, and restrictions as to location and route as it determines to be just and proper. A permit shall not be granted to a pipeline company unless the commission determines that the proposed services and the factors in the petition will promote the public convenience and necessity.  Conditions in the permit shall be met within five years of the date of issuance; otherwise the permit shall not be reissued without reapplication to the commission under section 479B.4.
   Sec. 10.  Section 479B.14, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  7.  If the commission attaches conditions to a permit, conditions in the permit shall be met within five years of the date of issuance; otherwise the permit shall not be reissued without reapplication to the commission under section 479B.4. Any variance in the conditions attached to the permit that result in deviations from the approved route or approved voluntary easement corridor shall require public meetings in accordance with section 479B.4, subsections 3 through 5, in affected counties.
   Sec. 11.  Section 479B.16, subsections 1 and 2, Code 2026, are amended to read as follows:
   1.  A pipeline company granted a pipeline permit shall be vested with the right of eminent domain, except for a pipeline to transport carbon oxide, to the extent necessary and as prescribed and approved by the commission, not exceeding seventy-five feet in width for right-of-way and not exceeding one acre in any one location in addition to right-of-way for the location of pumps, pressure apparatus, or other stations or equipment necessary to the proper operation of its pipeline. The commission may grant additional eminent domain rights where the pipeline company has presented sufficient evidence to adequately demonstrate that a greater area is required for the proper construction, operation, and maintenance of the pipeline or for the location of pumps, pressure apparatus, or other stations or equipment necessary to the proper operation of its pipeline.  The commission shall not grant eminent domain rights for the transportation of carbon oxide.
   2.  A pipeline company granted a permit for underground storage of hazardous liquid shall be vested with the right of eminent domain, except for the storage of carbon oxide, to the extent necessary and as prescribed and approved by the commission in order to appropriate for its use for the underground storage of hazardous liquid any subsurface stratum or formation in any land which that the commission shall have found to be suitable and in the public interest for the underground storage of hazardous liquid, and may appropriate other interests in property, as may be required adequately to examine, prepare, maintain, and operate the underground storage facilities.  The commission shall not grant eminent domain rights for the underground storage of carbon oxide.
   Sec. 12.  Section 479B.16, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  a.  Following the public informational meeting held pursuant to section 479B.4 and proper publication of notice required by section 479B.4, subsection 5, paragraph “b”, a pipeline company may communicate with owners of record of any land within the voluntary easement corridor for the purpose of proposing voluntary transactions for the conveyance of easements for the project, without regard to whether such landowners received prior notice by mail. The pipeline company shall not be required to provide to such landowners prior individual notice of the proposed project before initiating communication.
   b.  Before entering into a voluntary agreement with a landowner who did not receive notice of the informational meeting by mail, the pipeline company shall provide such landowner copies of the informational meeting materials presented by the commission, the consumer advocate, and the company seeking rights under this chapter.
   c.  In a pipeline company’s initial communication with a landowner, the company shall provide a written description of the opt-out procedure described in paragraph “d”.
   d.  A landowner may decline further communication with a pipeline company concerning a possible transaction for easement rights by providing verbal or written notice to the pipeline company that states the landowner does not wish to discuss the matter further, and by submitting to the commission notice through mail or by electronic means stating the same. Upon receipt of such notice from the landowner, the commission shall forward a copy to the pipeline company.
   e.  After receipt of notice by the landowner pursuant to paragraph “d”, the pipeline company shall not initiate further contact with the landowner for the purpose of an easement transaction, except that the company may continue to contact the landowner by mail. A landowner may rescind such refusal by contacting the pipeline company and notifying the commission through mail or electronic means. Unless the landowner rescinds the refusal, the landowner’s land shall be deemed unavailable for an easement agreement.
   Sec. 13.  RULES.  The Iowa utilities commission shall adopt rules pursuant to chapter 17A to administer this Act by December 31, 2026.
   Sec. 14.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
   Sec. 15.  APPLICABILITY —— RETROACTIVE APPLICABILITY.
   1.  a.  Except as provided in paragraph “b”, this Act applies to the construction of any hazardous liquid pipeline for which the petition is filed on or after the effective date of this Act.
   b.  The section of this Act amending section 479B.9 applies retroactively to the issuance of permits for the construction of any hazardous liquid pipeline for which a petition was filed under chapter 479B on or after January 1, 2020.
   2.  This Act applies to condemnation proceedings for which the application under section 6B.3 is filed on or after the effective date of this Act.>
   2.  Title page, by striking lines 1 through 3 and inserting <An Act relating to hazardous liquid pipelines, including the granting and exercising of eminent domain for carbon oxide pipelines, and petition, informational meeting, and notice requirements, and including effective date, applicability, and retroactive applicability provisions.>>

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KEVIN ALONS

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SANDY SALMON

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DENNIS GUTH

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DAVE SIRES

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LYNN EVANS

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DOUG CAMPBELL

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CHERIELYNN WESTRICH

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MARK LOFGREN

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MIKE PIKE

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JEFF TAYLOR

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CHARLIE McCLINTOCK