House
File
576
-
Introduced
HOUSE
FILE
576
BY
DIEKEN
A
BILL
FOR
An
Act
relating
to
the
prohibition
of
specified
carbon
1
sequestration
projects,
and
including
effective
date
and
2
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
1949YH
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es/rn
H.F.
576
Section
1.
Section
479B.2,
Code
2023,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
1A.
“Carbon
sequestration”
means
the
3
mechanical
and
artificial
process
by
which
gaseous
carbon
4
dioxide
is
intentionally
removed
from
the
atmosphere
or
5
an
industrial
source
and
stored
or
captured
using
advanced
6
technology.
7
NEW
SUBSECTION
.
4A.
“Sequestered
carbon
dioxide”
means
8
carbon
dioxide
that
was
processed
through
carbon
sequestration
9
methods.
10
Sec.
2.
Section
479B.4,
subsection
1,
Code
2023,
is
amended
11
to
read
as
follows:
12
1.
A
pipeline
company
doing
business
in
this
state
shall
13
file
a
verified
petition
with
the
board
asking
for
a
permit
to
14
construct,
maintain,
and
operate
a
new
pipeline
along,
over,
15
or
across
the
public
or
private
highways,
grounds,
waters,
16
and
streams
of
any
kind
in
this
state.
Any
pipeline
company
17
now
owning
or
operating
a
pipeline
or
underground
storage
18
facility
in
this
state
shall
be
issued
a
permit
by
the
board
19
upon
supplying
the
information
as
provided
for
in
section
20
479B.5,
subsections
1
through
5
,
and
meeting
the
requirements
21
of
section
479B.13
and
this
section
.
22
Sec.
3.
Section
479B.4,
Code
2023,
is
amended
by
adding
the
23
following
new
subsection:
24
NEW
SUBSECTION
.
7.
Notwithstanding
any
other
provision
25
of
this
chapter,
an
application
for
a
permit
to
construct
a
26
pipeline
for
the
transportation
of
sequestered
carbon
dioxide
27
shall
not
be
approved
by
the
board.
28
Sec.
4.
Section
479B.16,
subsection
1,
Code
2023,
is
amended
29
to
read
as
follows:
30
1.
A
pipeline
company
granted
a
pipeline
permit
shall
,
31
subject
to
subsection
4,
be
vested
with
the
right
of
eminent
32
domain,
to
the
extent
necessary
and
as
prescribed
and
approved
33
by
the
board,
not
exceeding
seventy-five
feet
in
width
for
34
right-of-way
and
not
exceeding
one
acre
in
any
one
location
in
35
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1949YH
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3
H.F.
576
addition
to
right-of-way
for
the
location
of
pumps,
pressure
1
apparatus,
or
other
stations
or
equipment
necessary
to
2
the
proper
operation
of
its
pipeline.
The
board
may
grant
3
additional
eminent
domain
rights
where
the
pipeline
company
4
has
presented
sufficient
evidence
to
adequately
demonstrate
5
that
a
greater
area
is
required
for
the
proper
construction,
6
operation,
and
maintenance
of
the
pipeline
or
for
the
location
7
of
pumps,
pressure
apparatus,
or
other
stations
or
equipment
8
necessary
to
the
proper
operation
of
its
pipeline.
9
Sec.
5.
Section
479B.16,
Code
2023,
is
amended
by
adding
the
10
following
new
subsection:
11
NEW
SUBSECTION
.
4.
The
board
shall
not
grant
the
right
of
12
eminent
domain
to
a
pipeline
company
for
the
construction
of
13
a
carbon
sequestration
pipeline.
A
pipeline
company
having
14
acquired
real
property
that
was
obtained
for
purposes
relating
15
to
carbon
sequestration
projects
pursuant
to
section
479B.16
16
shall
return
the
real
property
to
the
prior
owner
and
pay
17
the
prior
owner
an
amount
determined
to
be
just
compensation
18
for
the
value
of
any
interference
as
a
result
of
pipeline
or
19
storage
construction.
A
company
having
acquired
real
property
20
by
easement
or
other
written
agreement
for
purposes
relating
21
to
carbon
sequestration
projects
shall
terminate
the
easement
22
or
agreement
and
file
an
affidavit
with
the
county
recorder
23
unencumbering
the
easement.
The
company
shall
pay
the
prior
24
owner
an
amount
determined
to
be
just
compensation
for
the
25
value
of
any
interference
as
a
result
of
pipeline
or
storage
26
construction.
27
Sec.
6.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
28
importance,
takes
effect
upon
enactment.
29
Sec.
7.
APPLICABILITY.
This
Act
applies
to
applications
30
for
a
permit
to
construct
a
pipeline
to
transport
sequestered
31
carbon
dioxide
submitted
but
not
yet
approved
prior
to
the
32
effective
date
of
this
Act,
and
to
applications
for
a
permit
to
33
construct
a
pipeline
to
transport
sequestered
carbon
dioxide
34
submitted
on
or
after
the
effective
date
of
this
Act.
35
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576
EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
relates
to
the
prohibition
of
specified
carbon
4
sequestration
projects.
5
The
bill
defines
“carbon
sequestration”
and
“sequestered
6
carbon
dioxide”.
“Carbon
sequestration”
means
the
process
by
7
which
gaseous
carbon
dioxide
is
removed
from
the
atmosphere
8
or
an
industrial
source
and
stored
or
captured
using
advanced
9
technology.
The
bill
defines
“sequestered
carbon
dioxide”
to
10
mean
carbon
dioxide
processed
through
carbon
sequestration
11
methods.
12
The
bill
prohibits
the
Iowa
utilities
board
from
13
granting
a
construction
permit
to
a
pipeline
project
for
the
14
transportation
of
sequestered
carbon
dioxide.
15
The
bill
also
prohibits
the
Iowa
utilities
board
from
16
granting
the
right
of
eminent
domain
to
a
pipeline
company
for
17
the
construction
of
a
carbon
sequestration
pipeline.
18
The
bill
provides
that
where
a
pipeline
company
acquired
19
real
property
for
the
purpose
of
constructing
a
carbon
20
sequestration
pipeline
through
the
right
of
eminent
domain
or
21
through
an
easement,
the
pipeline
company
shall
return
the
real
22
property
to
the
prior
owner
and
compensate
the
prior
owner
23
for
any
interference
with
the
property
resulting
from
carbon
24
sequestration
projects.
Where
a
pipeline
company
secured
an
25
easement,
the
company
shall
terminate
the
easement
by
filing
an
26
affidavit
with
the
county
recorder’s
office.
27
The
bill
takes
effect
upon
enactment.
The
bill
applies
to
28
applications
for
a
permit
to
construct
a
pipeline
to
transport
29
sequestered
carbon
dioxide
submitted
but
not
yet
approved
prior
30
to
the
effective
date
of
the
bill,
and
to
applications
for
a
31
permit
to
construct
a
pipeline
to
transport
sequestered
carbon
32
dioxide
submitted
on
or
after
the
effective
date
of
the
bill.
33
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