Senate File 103 - Introduced SENATE FILE 103 BY J. TAYLOR A BILL FOR An Act relating to liquid hazardous pipeline voluntary easement 1 negotiation requirements and including effective date 2 provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1333XS (3) 90 es/rn
S.F. 103 Section 1. Section 479B.16, subsection 1, Code 2023, is 1 amended to read as follows: 2 1. A pipeline company granted a pipeline permit shall 3 be vested with the right of eminent domain, to the extent 4 necessary and as prescribed and approved by the board, not 5 exceeding seventy-five feet in width for right-of-way and 6 not exceeding one acre in any one location in addition to 7 right-of-way for the location of pumps, pressure apparatus, 8 or other stations or equipment necessary to the proper 9 operation of its pipeline. The board may grant additional 10 eminent domain rights where the pipeline company has presented 11 sufficient evidence to adequately demonstrate that a greater 12 area is required for the proper construction, operation, and 13 maintenance of the pipeline or for the location of pumps, 14 pressure apparatus, or other stations or equipment necessary 15 to the proper operation of its pipeline. A pipeline company 16 seeking rights under this section is subject to requirements 17 of section 479B.34. 18 Sec. 2. NEW SECTION . 479B.34 Voluntary easement negotiation 19 requirements. 20 1. A pipeline company intending to apply for a permit under 21 section 479B.4 and seeking a voluntary easement agreement from 22 a landowner shall not engage in easement negotiation unless 23 prior signed, witnessed, and notarized written permission is 24 granted from each affected landowner. 25 2. If consent pursuant to subsection 1 is granted, 26 contact between the company or its land agents and affected 27 landowners shall not exceed two written, verbal, or electronic 28 communications per month unless signed, witnessed, and 29 notarized written permission to exceed two communications from 30 each affected landowner is granted. 31 3. A violation of this section shall be reported to the 32 board. The board shall set a public hearing for each violation 33 or set of violations alleged by affected landowners. 34 4. Upon a finding of a violation of this section, the board 35 -1- LSB 1333XS (3) 90 es/rn 1/ 2
S.F. 103 shall order a one thousand dollar fine per violation. The fine 1 shall be remitted to the affected landowner. 2 5. An affected landowner shall have a cause of action 3 against a pipeline company in violation of this section. 4 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate 5 importance, takes effect upon enactment. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill relates to liquid hazardous pipeline voluntary 10 easement negotiation requirements. 11 The bill requires a pipeline company (company) applying for 12 a permit and negotiating a voluntary easement to first acquire 13 signed, witnessed, and notarized written permission from an 14 affected landowner. Upon consent being granted, a company or 15 company’s agents shall not exceed two communications per month 16 with a landowner unless the landowner waives the restriction 17 through written permission. Violations of the bill shall be 18 reported to the Iowa utilities board (board) which shall set a 19 public hearing. If the board finds a violation has occurred, 20 the board shall fine the company $1,000 per violation and 21 collect and deliver the amount to the affected landowner. 22 The bill provides an affected landowner a cause of action 23 against a company in violation of the provisions of the bill. 24 The bill takes effect upon enactment. 25 -2- LSB 1333XS (3) 90 es/rn 2/ 2