House File 2059 - Introduced HOUSE FILE 2059 BY ISENHART A BILL FOR An Act requiring an environmental impact assessment under 1 specified circumstances prior to the granting of a permit to 2 construct, maintain, or operate a hazardous liquid pipeline, 3 and including effective date and retroactive applicability 4 provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5460YH (2) 86 rn/sc

H.F. 2059 Section 1. Section 479B.9, Code 2016, is amended to read as 1 follows: 2 479B.9 Final order —— condition conditions . 3 1. The board may grant a permit in whole or in part upon 4 terms, conditions, and restrictions as to location and route , 5 and upon terms, conditions, and restrictions based on the 6 results of the environmental impact assessment if required 7 pursuant to section 479B.9A, as it determines to be just and 8 proper. 9 2. A permit shall not be granted to a pipeline company 10 unless the board determines that the proposed services will 11 promote the public convenience and necessity and unless the 12 environmental impact assessment conducted pursuant to section 13 479B.9A, if required, estimates that the environmental impact 14 resulting from constructing, maintaining, and operating the 15 pipeline will be minimal . 16 Sec. 2. NEW SECTION . 479B.9A Environmental impact 17 assessment —— when required —— preparation. 18 1. An assessment of the environmental impact estimated to 19 result from the construction, maintenance, and operation of a 20 pipeline shall be conducted as provided in subsection 2. The 21 assessment shall be conducted by a third party contracted with 22 by the applicant and submitted to the board for approval prior 23 to the assessment taking place. 24 2. An environmental impact assessment shall be required 25 as provided in this subsection for permits for a pipeline to 26 be constructed on or after January 1, 2016. An assessment 27 shall be required if requested by the board upon review of 28 the petition submitted pursuant to section 479B.5, or if the 29 board receives a request for an assessment from any combination 30 of three or more counties or soil and water conservation 31 districts through which the pipeline is proposed to pass, which 32 may include one or more counties or districts through which 33 the pipeline is not proposed to pass but which are part of 34 a watershed management authority with a county or district 35 -1- LSB 5460YH (2) 86 rn/sc 1/ 3

H.F. 2059 through which the pipeline is proposed to pass. Requests from 1 a county and a soil and water conservation district that share 2 geographical jurisdiction shall be considered one request. 3 Sec. 3. Section 479B.10, Code 2016, is amended to read as 4 follows: 5 479B.10 Costs and fees. 6 The applicant shall pay all costs of the informational 7 meetings, environmental impact assessment, hearing, and 8 necessary preliminary investigation , including the cost 9 of publishing notice of hearing, and shall pay the actual 10 unrecovered costs directly attributable to inspections 11 conducted by the board. 12 Sec. 4. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 13 immediate importance, takes effect upon enactment. 14 Sec. 5. RETROACTIVE APPLICABILITY. This Act applies 15 retroactively to January 1, 2016. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill requires an environmental impact assessment under 20 specified circumstances prior to the granting of a permit to 21 construct, maintain, or operate a hazardous liquid pipeline. 22 Currently, Code chapter 479B provides that the Iowa 23 utilities board may grant a permit to construct, maintain, 24 and operate a hazardous liquid pipeline in whole or in part 25 upon terms, conditions, and restrictions as to location 26 and route as it determines to be just and proper. The bill 27 adds that the permit may additionally be granted upon terms, 28 conditions, and restrictions imposed by the board based on 29 the results of an environmental impact assessment which may 30 be required to be conducted. The bill provides that a permit 31 shall not be granted to a pipeline company, in addition to 32 other factors, unless the environmental impact assessment, if 33 required, estimates that the environmental impact resulting 34 from constructing, maintaining, and operating the pipeline will 35 -2- LSB 5460YH (2) 86 rn/sc 2/ 3

H.F. 2059 be minimal. 1 The bill provides that an environmental impact assessment 2 shall be required under specified circumstances for permits 3 for a pipeline to be constructed on or after January 1, 2016. 4 The bill provides that an assessment shall be required if 5 requested by the board upon review of the petition for a 6 permit submitted by an applicant or if the board receives a 7 request for an assessment from any combination of three or 8 more counties or soil and water conservation districts through 9 which the pipeline is proposed to pass, which may include 10 one or more counties or districts through which the pipeline 11 is not proposed to pass but which are part of a watershed 12 management authority within a county or district through which 13 the pipeline is proposed to pass. Requests from a county and a 14 soil and water conservation district that share geographical 15 jurisdiction shall be considered one request. 16 The bill provides that an assessment shall be conducted by a 17 third party contracted with by the applicant and submitted to 18 the board for approval prior to the assessment taking place, 19 and that the applicant shall pay all costs of the assessment. 20 The bill takes effect upon enactment and is retroactively 21 applicable to petitions for a hazardous liquid pipeline to be 22 constructed on or after January 1, 2016. 23 -3- LSB 5460YH (2) 86 rn/sc 3/ 3