HF 432 (LSB 1366YH (1) 88)

HOUSE FILE 432

BY  ISENHART

A BILL FOR

An Act requiring an environmental impact assessment under specified circumstances prior to the granting of a permit to construct, maintain, or operate a hazardous liquid pipeline, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 479B.9, Code 2019, is amended to read as follows:
   479B.9  Final order —— condition conditions.
   1.  The board may grant a permit in whole or in part upon terms, conditions, and restrictions as to location and route, and upon terms, conditions, and restrictions based on the results of the environmental impact assessment if required pursuant to section 479B.9A, as it determines to be just and proper.
   2.  A permit shall not be granted to a pipeline company unless the board determines that the proposed services will promote the public convenience and necessity and unless the environmental impact assessment conducted pursuant to section 479B.9A, if required, estimates that the environmental impact resulting from constructing, maintaining, and operating the pipeline will be minimal.
    Sec. 2.  NEW SECTION.  479B.9A  Environmental impact assessment —— when required —— preparation.
   1.  An assessment of the environmental impact estimated to result from the construction, maintenance, and operation of a pipeline shall be conducted as provided in subsection 2. The assessment shall be conducted by a third party contracted with by the applicant and submitted to the board for approval prior to the assessment taking place.
   2.  An environmental impact assessment shall be required as provided in this subsection for permits for a pipeline to be constructed on or after the effective date of this Act. An assessment shall be required if requested by the board upon review of the petition submitted pursuant to section 479B.5, or if the board receives a request for an assessment from any combination of three or more counties or soil and water conservation districts through which the pipeline is proposed to pass, which may include one or more counties or districts through which the pipeline is not proposed to pass but which are part of a watershed management authority with a county or district through which the pipeline is proposed to pass. Requests from a county and a soil and water conservation district that share geographical jurisdiction shall be considered one request.
    Sec. 3.  Section 479B.10, Code 2019, is amended to read as follows:
   479B.10  Costs and fees.
   The applicant shall pay all costs of the informational meetings, environmental impact assessment, hearing, and necessary preliminary investigation, including the cost of publishing notice of hearing, and shall pay the actual unrecovered costs directly attributable to inspections conducted by the board.
    Sec. 4.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires an environmental impact assessment under specified circumstances prior to the granting of a permit to construct, maintain, or operate a hazardous liquid pipeline.
   Currently, Code chapter 479B provides that the Iowa utilities board may grant a permit to construct, maintain, and operate a hazardous liquid pipeline in whole or in part upon terms, conditions, and restrictions as to location and route as the board determines to be just and proper. The bill adds that the utilities board may, when issuing a permit, impose terms, conditions, and restrictions based on the results of an environmental impact assessment if an assessment is required to be conducted. The bill provides that, in addition to other factors, a permit shall not be granted to a pipeline company unless the environmental impact assessment, if required, estimates that the environmental impact resulting from constructing, maintaining, and operating the pipeline will be minimal.
   The bill provides that an environmental impact assessment shall be required under specified circumstances for permits for a pipeline to be constructed on or after the effective date of the bill. The bill provides that an assessment shall be required if requested by the board upon review of the petition for a permit submitted by an applicant or if the board receives a request for an assessment from any combination of three or more counties or soil and water conservation districts through which the pipeline is proposed to pass, which may include one or more counties or districts through which the pipeline is not proposed to pass but which are part of a watershed management authority within a county or district through which the pipeline is proposed to pass. Requests from a county and a soil and water conservation district that share geographical jurisdiction shall be considered one request.
   The bill provides that an assessment shall be conducted by a third party contracted with by the applicant and submitted to the board for approval prior to the assessment taking place, and that the applicant shall pay all costs of the assessment.
   The bill takes effect upon enactment.