House Amendment to Senate File 2490 S-5256 Amend Senate File 2490, as passed by the Senate, as follows: 1 1. Page 6, line 15, after < subsection 1, > by inserting < and 2 only if the producer has identified pools of existing natural 3 hydrogen within the spacing unit, > 4 2. Page 9, by striking lines 28 through 30 and inserting: 5 < Sec. ___. NEW SECTION . 458A.26 Permission to enter site —— 6 negotiation of surface damages. > 7 3. Page 9, before line 31 by inserting: 8 < 1. Before entering a site that is subject to a pooling 9 order under section 458A.8, or that is within an exploratory 10 spacing unit, for purposes of an oil and gas operation, an 11 operator shall receive written permission from the surface 12 owner to enter the site. If the surface owner does not grant 13 written permission to the operator to enter the site, the 14 operator shall not enter the site for purposes of an oil and 15 gas operation. > 16 4. Page 9, line 31, by striking < 1. > and inserting < 2. > 17 5. Page 9, line 31, before < Before entering > by inserting 18 < a. > 19 6. Page 10, line 2, after < drill. > by inserting < If the 20 parties do not reach an agreement for payment of damages, the 21 operator shall not enter the site to drill. > 22 7. Page 10, after line 2 by inserting: 23 < b. Before entering into a negotiation under paragraph “a” , 24 the operator shall provide a written description of the opt-out 25 procedure described in paragraph “c” . 26 c. A surface owner may decline further communication with 27 an operator concerning a possible agreement for the payment 28 of any damage that may be caused by the drilling operation 29 by providing verbal or written notice to the operator that 30 states that the surface owner does not wish to discuss the 31 matter further, and by submitting to the attorney general 32 notice through mail or electronic means stating the same. Upon 33 receipt of such notice from the surface owner, the attorney 34 general shall forward a copy to the operator. 35 -1- SF 2490.4528.H (1) 91 md 1/ 2 #1. #2. #3. #4. #5. #6. #7.
d. After receipt of notice from the surface owner pursuant 1 to paragraph “c” , the operator shall not initiate further 2 contact with the surface owner for purposes of an agreement 3 for the payment of any damages that may be caused by the 4 drilling operation, except that the operator shall continue to 5 provide the surface owner with notices otherwise required by 6 law. The surface owner may rescind such refusal by contacting 7 the operator and notifying the attorney general through mail 8 or electronic means. Unless the surface owner rescinds the 9 refusal, the surface owner’s land shall be deemed unavailable 10 for an agreement. 11 e. An operator violating the contact prohibition in 12 paragraph “d” is subject to a civil penalty of not less than ten 13 thousand dollars for each violation. > 14 8. Page 10, after line 2 by inserting: 15 < 3. For purposes of this section, “oil and gas operation” 16 means the same as defined in section 458A.30. > 17 9. By striking page 10, line 3, through page 13, line 2. 18 10. Title page, line 5, after < jurisdiction > by inserting < , 19 and providing civil penalties > 20 11. By renumbering as necessary. 21 -2- SF 2490.4528.H (1) 91 md 2/ 2 #8. #9. #10.