SF 103 (LSB 1333XS (3) 90)

SENATE FILE 103

BY  J. TAYLOR

A BILL FOR

An Act relating to liquid hazardous pipeline voluntary easement negotiation requirements and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 479B.16, subsection 1, Code 2023, is amended to read as follows:
   1.  A pipeline company granted a pipeline permit shall be vested with the right of eminent domain, to the extent necessary and as prescribed and approved by the board, not exceeding seventy-five feet in width for right-of-way and not exceeding one acre in any one location in addition to right-of-way for the location of pumps, pressure apparatus, or other stations or equipment necessary to the proper operation of its pipeline. The board may grant additional eminent domain rights where the pipeline company has presented sufficient evidence to adequately demonstrate that a greater area is required for the proper construction, operation, and maintenance of the pipeline or for the location of pumps, pressure apparatus, or other stations or equipment necessary to the proper operation of its pipeline.  A pipeline company seeking rights under this section is subject to requirements of section 479B.34.
    Sec. 2.  NEW SECTION.  479B.34  Voluntary easement negotiation requirements.
   1.  A pipeline company intending to apply for a permit under section 479B.4 and seeking a voluntary easement agreement from a landowner shall not engage in easement negotiation unless prior signed, witnessed, and notarized written permission is granted from each affected landowner.
   2.  If consent pursuant to subsection 1 is granted, contact between the company or its land agents and affected landowners shall not exceed two written, verbal, or electronic communications per month unless signed, witnessed, and notarized written permission to exceed two communications from each affected landowner is granted.
   3.  A violation of this section shall be reported to the board. The board shall set a public hearing for each violation or set of violations alleged by affected landowners.
   4.  Upon a finding of a violation of this section, the board shall order a one thousand dollar fine per violation. The fine shall be remitted to the affected landowner.
   5.  An affected landowner shall have a cause of action against a pipeline company in violation of this section.
    Sec. 3.  EFFECTIVE DATE.  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 relates to liquid hazardous pipeline voluntary easement negotiation requirements.
   The bill requires a pipeline company (company) applying for a permit and negotiating a voluntary easement to first acquire signed, witnessed, and notarized written permission from an affected landowner. Upon consent being granted, a company or company’s agents shall not exceed two communications per month with a landowner unless the landowner waives the restriction through written permission. Violations of the bill shall be reported to the Iowa utilities board (board) which shall set a public hearing. If the board finds a violation has occurred, the board shall fine the company $1,000 per violation and collect and deliver the amount to the affected landowner.
   The bill provides an affected landowner a cause of action against a company in violation of the provisions of the bill.
   The bill takes effect upon enactment.