House
File
2227
-
Enrolled
House
File
2227
AN
ACT
RELATING
TO
LAND
RESTORATION
FOLLOWING
THE
INITIAL
CONSTRUCTION
OF
ELECTRIC
TRANSMISSION
LINES,
AND
INCLUDING
EFFECTIVE
DATE
AND
RETROACTIVE
APPLICABILITY
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
478.18,
Code
2026,
is
amended
to
read
as
follows:
478.18
Supervision
of
construction
——
location.
1.
The
utilities
commission
shall
have
power
of
supervision
over
the
construction
of
a
transmission
line
and
over
its
future
operation
and
maintenance
,
including
inspections
for
compliance
with
the
standards
adopted
under
section
478.34
after
restoration
of
the
land
is
complete
.
2.
A
transmission
line
shall
be
constructed
near
and
parallel
to
roads,
to
the
right-of-way
of
the
railways
of
the
state,
or
along
the
division
lines
of
the
lands,
according
to
the
government
survey,
wherever
the
same
is
practicable
and
reasonable,
and
so
as
not
to
interfere
with
the
use
by
the
public
of
the
highways
or
streams
of
the
state,
nor
unnecessarily
interfere
with
the
use
of
any
lands
by
the
occupant.
3.
The
utilities
commission
may
contract
a
qualified
individual
for
the
purpose
of
inspections
authorized
under
section
478.34.
The
reasonable
cost
of
the
inspection
shall
be
paid
by
the
electric
transmission
owner.
The
utilities
commission
shall
instruct
the
inspector
appointed
by
the
House
File
2227,
p.
2
commission
regarding
the
content
of
the
statutes
and
rules
and
the
responsibility
of
the
inspector
to
require
restoration
conforming
with
the
applicable
standards
established
in
section
478.34.
For
purposes
of
this
section,
“qualified
individual”
means
the
same
as
defined
in
section
478.34.
Sec.
2.
NEW
SECTION
.
478.34
Land
restoration.
1.
As
used
in
this
section,
unless
the
context
otherwise
requires:
a.
“Electric
transmission
line”
means
a
high-voltage
electric
transmission
line
with
a
capacity
of
two
hundred
kilovolts
or
more
that
has
been
approved
on
or
after
July
1,
2024,
for
construction
in
a
federally
registered
planning
authority
transmission
plan
with
costs
allocated
regionally.
b.
“Electric
transmission
owner”
means
an
individual
or
entity
who
owns
and
maintains
an
electric
transmission
line.
c.
“Landowner”
means
the
same
as
defined
in
section
478.2.
d.
“Qualified
individual”
means
someone
who
is
capable
and
knowledgeable
enough
to
determine
compliance
with
the
standards
set
forth
in
this
section.
2.
The
commission
shall
adopt
rules
pursuant
to
chapter
17A
to
administer
this
section
,
which
shall
include
rules
regarding
the
restoration
of
agricultural
lands
following
the
initial
construction
of
an
electric
transmission
line,
as
specified
in
subsection
3.
3.
The
commission
shall
adopt
rules
to
implement
the
following
requirements,
which
shall
not
apply
within
the
corporate
limits
of
a
city
or
to
any
construction,
activity,
or
electric
transmission
lines
other
than
the
initial
construction
of
an
electric
transmission
line
with
a
voltage
of
two
hundred
or
more
kilovolts
and
for
which
an
election
to
construct
has
been
made
under
this
section:
a.
An
electric
transmission
owner
shall
repair
a
damaged
underground
drain
tile
as
soon
as
practicable
during
construction
of
the
electric
transmission
line.
Permanent
repairs
to
the
damaged
underground
drain
tile
shall
be
completed
as
soon
as
practicable
after
the
initial
construction
of
the
electric
transmission
line
is
complete.
The
repairs
made
to
the
damaged
drain
tile
shall
be
of
at
least
equal
quality,
size,
and
flow
capacity
of
the
original
drain
tile.
House
File
2227,
p.
3
b.
Following
the
initial
construction
of
an
electric
transmission
line,
the
electric
transmission
owner
shall
remove
from
the
easement
area
all
rock
larger
than
three
inches
in
average
diameter
not
native
to
the
soil
of
the
excavated
land.
The
rock
removed
from
the
excavated
land
that
cannot
be
used
to
backfill
shall
be
disposed
of
at
a
location
and
in
a
manner
agreed
upon
by
the
electric
transmission
owner
and
the
landowner.
c.
Upon
completion
of
construction
activities
on
a
property,
the
electric
transmission
owner
shall
deep
till
agricultural
land,
including
right-of-way
access
points
or
roads
traversed
by
heavy
construction
equipment,
to
alleviate
soil
compaction.
The
land
shall
be
tilled
at
least
eighteen
inches
deep
in
land
used
for
crop
production
and
twelve
inches
deep
in
other
lands
unless
otherwise
agreed
to
by
the
landowner.
d.
Upon
completion
of
the
electric
transmission
line,
the
electric
transmission
owner
shall
restore
the
soil
conservation
practices
and
structures
damaged
during
construction
of
the
electric
transmission
line
to
the
elevation
and
grade
existing
on
the
land
prior
to
the
construction.
The
soil
used
to
repair
embankments
intended
to
retain
water
shall
be
well
compacted.
Any
vegetation
disturbed
during
construction
shall
be
reestablished,
including
cover
crops
when
appropriate.
e.
Following
compaction
of
the
land,
agricultural
land
that
is
not
in
row
crop
or
small
grain
production
at
the
time
of
construction,
including
hay
ground
and
land
in
conservation
or
set-aside
programs,
shall
be
reseeded
and
a
cover
crop
shall
be
utilized
when
appropriate.
Seeding
for
cover
crops
may
be
delayed
if
the
construction
of
the
electric
transmission
line
is
completed
too
late
in
the
year
for
a
cover
crop
to
become
established
and
is
not
required
if
the
land
will
be
tilled
in
the
following
year.
The
landowner
may
request
ground
cover
to
prevent
soil
erosion
in
areas
where
construction
on
the
electric
transmission
line
is
completed
if
the
season
is
not
suitable
for
seeding
a
cover
crop.
f.
Unless
agreed
upon
by
the
electric
transmission
owner
and
the
landowner,
the
electric
transmission
owner
shall
remove
field
entrances
or
temporary
roads
built
for
the
purpose
of
constructing
the
electric
transmission
line
upon
the
completion
House
File
2227,
p.
4
of
the
initial
construction
and
restore
the
area
to
its
previous
use.
g.
An
electric
transmission
owner
shall
use
good
utility
practices
for
constructing
the
electric
transmission
line
in
wet
conditions,
such
as
electing
to
use
matting
or
padding
when
utilizing
heavy
equipment.
An
electric
transmission
owner
shall
grade
and
till
any
rutted
land
to
restore,
to
the
extent
practicable,
the
original
condition
of
the
land
prior
to
the
construction
of
the
electric
transmission
line.
If
agreed
upon
by
the
electric
transmission
owner
and
the
landowner,
the
landowner
may
repair
any
damage
caused
by
construction
activities
in
wet
conditions
and
the
electric
transmission
owner
shall
reimburse
the
landowner
for
the
reasonable
cost
incurred
to
repair
the
damage.
If
an
electric
transmission
owner
utilizes
heavy
equipment
in
wetlands
or
mudflats,
mats
or
other
measures
shall
be
utilized
to
minimize
soil
disturbance.
h.
For
each
electric
transmission
line,
the
electric
transmission
owner
shall
designate
a
point
of
contact
for
inquiries
or
claims
from
an
affected
person.
The
designation
shall
include
a
name,
a
telephone
number,
an
email
address,
and
an
address.
4.
a.
If
an
electric
transmission
owner
and
a
landowner
dispute
a
potential
violation
of
the
restoration
standards
provided
in
subsection
3,
the
commission
may
appoint
a
qualified
individual
to
inspect
the
property
for
compliance.
If
the
qualified
individual
determines
that
there
has
been
a
violation
of
the
applicable
restoration
standards,
the
commission
shall
provide
oral
notice,
followed
by
written
notice,
to
the
electric
transmission
owner
and
the
contractor
operating
for
the
electric
transmission
owner
and
order
corrective
action
to
comply
with
the
restoration
standards.
The
electric
transmission
owner
shall
be
responsible
for
the
costs
of
the
corrective
action.
b.
If
the
electric
transmission
owner
or
the
contractor
for
the
electric
transmission
owner
does
not
comply
with
a
valid
order
for
corrective
action
issued
by
the
commission,
the
commission
may
issue
an
order
requiring
corrective
action
to
be
taken
and
may
impose
civil
penalties
under
section
478.29.
c.
The
commission
shall
instruct
the
inspector
appointed
by
House
File
2227,
p.
5
the
commission
regarding
the
content
of
the
statutes
and
rules
and
the
responsibility
of
the
inspector
to
require
restoration
conforming
with
the
standards
established
in
subsection
3.
5.
a.
A
petitioner
for
a
franchise
for
an
electric
transmission
line
shall
file
with
the
petition
a
written
land
restoration
plan
that
documents
how
the
requirements
and
rules
of
subsection
3
will
be
met.
The
petitioner
shall
provide
a
copy
of
the
plan
to
all
landowners
of
property
that
will
be
disturbed
by
the
initial
construction.
b.
Nothing
in
this
section
shall
preclude
the
application
of
provisions
for
protecting
or
restoring
property
that
are
different
than
those
prescribed
in
subsection
3,
in
rules
adopted
under
subsection
3,
or
in
the
land
restoration
plan,
if
the
alternative
provisions
are
contained
in
agreements
independently
executed
by
the
electric
transmission
owner
and
the
landowner.
Independent
agreements
for
land
restoration
between
the
electric
transmission
owner
and
the
landowner
shall
be
in
writing
and
provided
to
the
commission.
c.
The
commission
may
by
waiver
allow
variations
from
the
requirements
of
subsection
3
if
the
electric
transmission
owner
requesting
a
waiver
satisfies
the
standards
set
forth
in
section
17A.9A
and
if
the
alternative
methods
proposed
by
the
electric
transmission
owner
would
restore
the
land
to
a
condition
as
good
as
or
better
than
as
provided
for
in
subsection
3.
d.
The
commission
may
waive
preparation
of
a
separate
land
restoration
plan
if
the
electric
transmission
owner
enters
into
an
agricultural
impact
mitigation
plan
or
similar
agreement
with
the
appropriate
agencies
of
this
state
that
satisfies
the
requirements
of
subsection
3.
If
a
mitigation
plan
or
agreement
is
used
to
fully
or
partially
meet
the
requirements
of
a
land
restoration
plan,
the
statement
or
agreement
shall
be
filed
with
the
commission
and
shall
be
considered
to
be,
or
to
be
part
of,
the
land
restoration
plan
for
purposes
of
subsection
3.
6.
Nothing
in
this
section
shall
limit,
expand,
or
otherwise
modify
the
rights
of
access
and
obligations
for
damages
set
forth
in
section
478.17.
House
File
2227,
p.
6
Sec.
3.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
Sec.
4.
RETROACTIVE
APPLICABILITY.
This
Act
applies
retroactively
to
transmission
lines
included
in
a
federally
registered
planning
authority
long-term
transmission
plan
approved
on
or
after
July
1,
2024.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2227,
Ninety-first
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2026
______________________________
KIM
REYNOLDS
Governor