Senate
File
2099
-
Introduced
SENATE
FILE
2099
BY
GUTH
,
EVANS
,
SALMON
,
ALONS
,
J.
TAYLOR
,
GREEN
,
WESTRICH
,
ROWLEY
,
and
LOFGREN
A
BILL
FOR
An
Act
relating
to
applications
for
permits
to
construct
1
electric
transmission
lines,
pipelines
and
underground
2
storage
facilities,
and
hazardous
liquid
pipelines,
making
3
penalties
applicable,
and
including
effective
date
and
4
applicability
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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Section
1.
Section
476A.7,
subsection
1,
paragraph
b,
Code
1
2024,
is
amended
to
read
as
follows:
2
b.
Gives
the
applicant
the
power
of
eminent
domain
to
the
3
extent
and
under
such
conditions
as
the
board
may
approve,
4
prescribe
and
find
necessary
for
the
public
convenience,
use
,
5
and
necessity
,
subject
to
subsection
4
,
proceeding
in
the
6
manner
of
works
of
internal
improvement
under
chapter
6B
.
7
The
burden
of
proving
the
necessity
for
the
exercise
of
the
8
power
of
eminent
domain
shall
be
on
the
person
issued
the
9
certificate.
10
Sec.
2.
Section
476A.7,
Code
2024,
is
amended
by
adding
the
11
following
new
subsection:
12
NEW
SUBSECTION
.
4.
The
board
shall
not
grant
eminent
domain
13
rights
to
a
person,
company,
or
corporation
having
secured
a
14
certificate
as
provided
in
this
chapter
unless
at
least
ninety
15
percent
of
the
affected
parcels
and
ninety
percent
of
the
total
16
distance
of
the
facility
have
been
acquired
through
voluntary
17
easements.
18
Sec.
3.
Section
478.2,
subsection
4,
Code
2024,
is
amended
19
to
read
as
follows:
20
4.
A
person
seeking
rights
under
this
chapter
shall
not
21
negotiate
or
purchase
any
easements
or
other
interests
in
22
land
in
any
county
known
to
be
affected
by
the
proposed
23
project
prior
to
the
informational
meeting.
A
person
seeking
24
rights
under
this
chapter
shall
not
engage
in
communication
25
with
landowners
prior
to
negotiations
without
obtaining
a
26
landowner’s
written
consent
to
the
communication.
27
Sec.
4.
Section
478.15,
subsections
1
and
2,
Code
2024,
are
28
amended
to
read
as
follows:
29
1.
Any
person,
company,
or
corporation
having
secured
30
a
franchise
as
provided
in
this
chapter
,
shall
,
subject
31
to
subsection
1A,
thereupon
be
vested
with
the
right
of
32
eminent
domain
to
such
extent
as
the
utilities
board
may
33
approve,
prescribe
and
find
to
be
necessary
for
public
use,
34
not
exceeding
one
hundred
feet
in
width
for
right-of-way
and
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not
exceeding
one
hundred
sixty
acres
in
any
one
location,
1
in
addition
to
right-of-way,
for
the
location
of
electric
2
substations
to
carry
out
the
purposes
of
said
franchise;
3
provided
however,
that
where
two
hundred
kilovolt
lines
4
or
higher
voltage
lines
are
to
be
constructed,
the
person,
5
company,
or
corporation
may
apply
to
the
board
for
a
wider
6
right-of-way
not
to
exceed
two
hundred
feet,
and
the
board
7
may
for
good
cause
extend
the
width
of
such
right-of-way
for
8
such
lines
to
the
person,
company,
or
corporation
applying
for
9
the
same.
The
burden
of
proving
the
necessity
for
public
use
10
shall
be
on
the
person,
company,
or
corporation
seeking
the
11
franchise.
A
homestead
site,
cemetery,
orchard,
or
schoolhouse
12
location
shall
not
be
condemned
for
the
purpose
of
erecting
13
an
electric
substation.
If
agreement
cannot
be
made
with
the
14
private
owner
of
lands
as
to
damages
caused
by
the
construction
15
of
said
transmission
line,
or
electric
substations,
the
same
16
proceedings
shall
be
taken
as
provided
for
taking
private
17
property
for
works
of
internal
improvement.
18
2.
Any
person,
company,
or
corporation
proposing
to
19
construct
a
transmission
line
or
other
facility
which
that
20
involves
the
taking
of
property
under
the
right
of
eminent
21
domain
and
desiring
to
enter
upon
the
land,
which
it
proposes
22
to
appropriate,
for
the
purpose
of
examining
or
surveying
the
23
same
,
shall
first
file
with
the
utilities
board
,
a
written
24
statement
under
oath
setting
forth
the
proposed
routing
of
25
the
line
or
facility
including
a
description
of
the
lands
to
26
be
crossed
,
and
the
names
and
addresses
of
owners,
together
27
with
request
that
a
permit
be
issued
by
the
board
authorizing
28
the
person,
company,
or
corporation
or
its
duly
appointed
29
representative
to
enter
upon
the
land
for
the
purpose
of
30
examining
and
surveying
and
to
take
and
use
on
the
land
31
any
vehicle
and
surveying
equipment
necessary
in
making
the
32
survey.
The
board
shall
within
ten
days
after
the
request
33
issue
a
permit,
accompanied
by
such
bond
in
such
amount
as
the
34
board
shall
approve
pursuant
to
subsection
2A
,
to
the
person,
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company,
or
corporation
making
the
application,
if
in
the
1
board’s
opinion
the
application
is
made
in
good
faith
and
not
2
for
the
purpose
of
harassing
the
owner
of
the
land.
If
the
3
board
is
of
the
opinion
that
the
application
is
not
made
in
4
good
faith
or
made
for
the
purpose
of
harassment
to
the
owner
5
of
the
land
,
the
board
shall
set
the
matter
for
hearing.
The
6
matter
shall
be
heard
not
more
than
twenty
days
after
filing
7
the
application.
Notice
of
the
time
and
place
of
hearing
shall
8
be
given
by
the
board,
to
the
owner
of
the
land
by
registered
9
mail
with
a
return
receipt
requested,
not
less
than
ten
days
10
preceding
the
date
of
hearing.
11
Sec.
5.
Section
478.15,
Code
2024,
is
amended
by
adding
the
12
following
new
subsections:
13
NEW
SUBSECTION
.
1A.
The
board
shall
not
grant
eminent
14
domain
rights
to
a
person,
company,
or
corporation
having
15
secured
a
franchise
as
provided
in
this
chapter
unless
at
least
16
ninety
percent
of
the
affected
parcels
and
ninety
percent
of
17
the
transmission
line,
wire,
or
cable’s
total
distance
have
18
been
acquired
through
voluntary
easements.
19
NEW
SUBSECTION
.
2A.
Before
a
person,
company,
or
20
corporation
seeking
a
franchise
is
granted
a
franchise
under
21
this
chapter,
the
person,
company,
or
corporation
must
satisfy
22
the
board
that
the
applicant
has
property
within
this
state
23
other
than
a
transmission
line,
wire,
or
cable
subject
to
24
execution
of
a
value
in
excess
of
one
million
dollars,
or
the
25
person,
company,
or
corporation
must
file
and
maintain
with
26
the
board
a
surety
bond
in
the
penal
sum
of
the
lesser
of
one
27
million
dollars
or
one
percent
of
the
project
value
with
surety
28
approved
by
the
board,
conditioned
that
the
person,
company,
29
or
corporation
will
pay
any
and
all
damages
legally
recovered
30
against
it
growing
out
of
the
construction
or
operation
of
its
31
transmission
line,
wire,
or
cable
in
the
state
of
Iowa.
When
32
the
person,
company,
or
corporation
seeking
a
franchise
under
33
this
chapter
deposits
with
the
board
security
satisfactory
to
34
the
board
as
a
guaranty
for
the
payment
of
the
damages,
or
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furnishes
to
the
board
satisfactory
proofs
of
its
solvency
and
1
financial
ability
to
pay
the
damages,
the
person,
company,
or
2
corporation
seeking
a
franchise
under
this
chapter
is
relieved
3
of
the
provisions
requiring
bond.
4
Sec.
6.
NEW
SECTION
.
478.17A
Transmission
line
operation
5
——
damages.
6
1.
Any
person,
company,
or
corporation
having
secured
a
7
franchise
as
provided
in
this
chapter
shall
be
responsible
for
8
damages
resulting
from
construction,
operation,
or
maintenance,
9
including
damages
resulting
from
an
environmental
disaster,
10
to
local
livestock,
or
other
damages
attributable
to
the
11
construction,
operation,
or
maintenance.
12
2.
A
claim
for
damage
for
future
crop
deficiency
within
the
13
easement
strip
shall
not
be
precluded
from
renegotiation
under
14
section
6B.52
on
the
grounds
that
it
was
apparent
at
the
time
15
of
settlement.
The
landowner
shall
notify
the
person,
company,
16
or
corporation
seeking
the
franchise
in
writing
fourteen
days
17
prior
to
harvest
in
each
year
to
assess
crop
deficiency
or
by
18
providing
global
positioning
system
yield
monitoring
data
or
19
similar
assessment
data
demonstrating
crop
deficiency
to
the
20
company
within
thirty
days
of
harvest.
21
Sec.
7.
NEW
SECTION
.
478.34
Liability.
22
Notwithstanding
any
provision
in
this
chapter
to
the
23
contrary,
except
where
a
landowner’s
actions
constitute
gross
24
negligence
and
the
landowner
commits
critical
infrastructure
25
sabotage
as
defined
in
section
716.11,
the
landowner
shall
not
26
be
liable
for
any
damages
to
a
transmission
line,
wire,
or
27
cable.
28
Sec.
8.
NEW
SECTION
.
478.35
Land
restoration
standard.
29
1.
The
board,
pursuant
to
chapter
17A,
shall
adopt
rules
30
establishing
standards
for
the
restoration
of
agricultural
31
lands
during
and
after
a
transmission
line,
wire,
or
cable
32
construction.
In
addition
to
the
requirements
of
section
33
17A.4,
the
board
shall
distribute
copies
of
the
notice
of
34
intended
action
and
opportunity
for
oral
presentations
to
each
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county
board
of
supervisors.
Any
county
board
of
supervisors
1
may,
under
the
provisions
of
chapter
17A,
and
subsequent
to
2
the
rulemaking
proceedings,
petition
under
those
provisions
3
for
additional
rulemaking
to
establish
standards
for
land
4
restoration
after
a
transmission
line,
wire,
or
cable
within
5
that
county.
Upon
the
request
of
the
petitioning
county,
the
6
board
shall
schedule
a
hearing
to
consider
the
merits
of
the
7
petition.
Rules
adopted
under
this
section
shall
not
apply
to
8
land
located
within
city
boundaries
unless
the
land
is
used
for
9
agricultural
purposes.
Rules
adopted
under
this
section
shall
10
address,
but
are
not
limited
to,
all
of
the
following
subject
11
matters:
12
a.
Topsoil
separation
and
replacement.
13
b.
Temporary
and
permanent
repair
to
drain
tile.
14
c.
Removal
of
rocks
and
debris
from
the
right-of-way.
15
d.
Restoration
of
areas
of
soil
compaction.
16
e.
Restoration
of
terraces,
waterways,
and
other
erosion
17
control
structures.
18
f.
Revegetation
of
untilled
land.
19
g.
Future
installation
of
drain
tile
or
soil
conservation
20
structures.
21
h.
Restoration
of
land
slope
and
contour.
22
i.
Restoration
of
areas
used
for
field
entrances
and
23
temporary
roads.
24
j.
Construction
in
wet
conditions.
25
k.
Burial
of
transmission
lines
or
pipelines
with
at
least
26
eight
feet
of
cover
to
allow
for
future
drainage.
27
l.
Designation
of
a
person,
company,
or
corporation
seeking
28
a
franchise
point
of
contact
for
landowner
inquiries
or
claims.
29
2.
The
county
board
of
supervisors
shall
cause
an
on-site
30
inspection
for
compliance
with
the
standards
adopted
under
31
this
section
to
be
performed
at
any
transmission
line,
wire,
32
or
cable
construction
project
in
the
county.
A
licensed
33
professional
engineer
familiar
with
the
standards
adopted
34
under
this
section
and
registered
under
chapter
542B
shall
be
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responsible
for
the
inspection.
A
county
board
of
supervisors
1
may
contract
for
the
services
of
a
licensed
professional
2
engineer
for
the
purposes
of
the
inspection.
The
reasonable
3
costs
of
the
inspection
shall
be
paid
by
the
person,
company,
4
or
corporation
seeking
the
franchise.
5
3.
If
the
inspector
determines
that
there
has
been
a
6
violation
of
the
standards
adopted
under
this
section,
of
7
the
land
restoration
plan,
or
of
an
independent
agreement
on
8
land
restoration
or
line
location
executed
in
accordance
with
9
subsection
10,
the
inspector
shall
give
oral
notice,
followed
10
by
written
notice,
to
the
person,
company,
or
corporation
11
seeking
the
franchise
and
the
contractor
operating
for
the
12
person,
company,
or
corporation
seeking
the
franchise
and
order
13
corrective
action
to
be
taken
in
compliance
with
the
standards.
14
The
costs
of
the
corrective
action
shall
be
borne
by
the
15
contractor
operating
for
the
person,
company,
or
corporation
16
seeking
the
franchise.
17
4.
An
inspector
shall
adequately
inspect
underground
18
improvements
altered
during
transmission
line,
wire,
or
cable
19
construction.
An
inspection
shall
be
conducted
at
the
time
of
20
the
replacement
or
repair
of
the
underground
improvements.
An
21
inspector
shall
be
present
on
the
site
at
all
times
at
each
22
phase
and
separate
activity
of
the
opening
of
the
trench,
if
23
applicable,
the
restoration
of
underground
improvements,
and
24
backfilling.
The
person,
company,
or
corporation
seeking
25
the
franchise
and
its
contractor
shall
keep
an
inspector
26
continually
informed
of
the
work
schedule
and
any
schedule
27
changes.
If
proper
notice
is
given,
construction
shall
not
28
be
delayed
due
to
an
inspector’s
failure
to
be
present
on
the
29
site.
30
5.
If
the
person,
company,
or
corporation
seeking
31
the
franchise
or
its
contractor
does
not
comply
with
the
32
requirements
of
this
section,
with
the
land
restoration
plan
33
or
line
location,
or
with
an
independent
agreement
on
land
34
restoration
executed
in
accordance
with
subsection
10,
the
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county
board
of
supervisors
may
petition
the
board
for
an
order
1
requiring
corrective
action
to
be
taken.
In
addition,
the
2
county
board
of
supervisors
may
file
a
complaint
with
the
board
3
seeking
imposition
of
civil
penalties
under
section
478.29.
4
6.
The
person,
company,
or
corporation
seeking
the
5
franchise
shall
allow
landowners
and
the
inspector
to
view
6
the
proposed
center
line
of
the
transmission
line,
wire,
or
7
cable
prior
to
commencing
trenching
operations
to
ensure
that
8
construction
takes
place
in
its
proper
location.
9
7.
An
inspector
may
temporarily
halt
the
construction
10
if
the
construction
is
not
in
compliance
with
this
chapter
11
and
the
standards
adopted
pursuant
to
this
chapter,
the
land
12
restoration
plan,
or
the
terms
of
an
independent
agreement
13
with
the
person,
company,
or
corporation
seeking
the
franchise
14
regarding
land
restoration
or
line
location
executed
in
15
accordance
with
subsection
10,
until
the
inspector
consults
16
with
the
supervisory
personnel
of
the
person,
company,
or
17
corporation
seeking
the
franchise.
18
8.
The
board
shall
instruct
inspectors
appointed
by
the
19
board
of
supervisors
regarding
the
content
of
the
statutes
20
and
rules
and
the
inspectors’
responsibility
to
require
21
construction
conforming
with
the
standards
provided
by
this
22
chapter.
23
9.
A
person,
company,
or
corporation
having
secured
a
24
franchise
as
provided
in
this
chapter
shall
file
with
the
25
petition
a
written
land
restoration
plan
showing
how
the
26
requirements
of
this
section,
and
of
rules
adopted
pursuant
to
27
this
section,
will
be
met.
The
person,
company,
or
corporation
28
seeking
the
franchise
shall
provide
copies
of
the
plan
to
29
all
landowners
of
property
that
will
be
disturbed
by
the
30
construction.
31
10.
This
section
does
not
preclude
the
application
of
32
provisions
for
protecting
or
restoring
property
that
are
33
different
than
those
prescribed
in
this
section,
in
rules
34
adopted
under
this
section,
or
in
the
land
restoration
plan
35
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2099
if
the
alternative
provisions
are
contained
in
agreements
1
independently
executed
by
the
person,
company,
or
corporation
2
seeking
the
franchise
and
the
landowner,
and
if
the
alternative
3
provisions
are
not
inconsistent
with
state
law
or
with
4
rules
adopted
by
the
board.
Independent
agreements
on
land
5
restoration
or
line
location
between
the
landowner
and
person,
6
company,
or
corporation
seeking
the
franchise
shall
be
in
7
writing
and
a
copy
provided
to
the
county
inspector.
8
Sec.
9.
Section
479.5,
subsection
5,
Code
2024,
is
amended
9
to
read
as
follows:
10
5.
A
pipeline
company
seeking
rights
under
this
chapter
11
shall
not
negotiate
or
purchase
any
easements
or
other
12
interests
in
land
in
any
county
known
to
be
affected
by
13
the
proposed
project
prior
to
the
informational
meeting.
A
14
pipeline
company
seeking
rights
under
this
chapter
shall
not
15
engage
in
communication
with
landowners
prior
to
negotiations
16
without
obtaining
a
landowner’s
written
consent
to
the
17
communication.
18
Sec.
10.
Section
479.7,
Code
2024,
is
amended
by
adding
the
19
following
new
subsection:
20
NEW
SUBSECTION
.
3.
Upon
the
filing
of
the
petition,
a
21
pipeline
company
shall
provide
notice
of
such
filing
served
by
22
certified
mail
to
landowners.
23
Sec.
11.
Section
479.24,
subsection
1,
Code
2024,
is
amended
24
to
read
as
follows:
25
1.
A
pipeline
company
granted
a
pipeline
permit
under
26
this
chapter
shall
,
subject
to
subsection
3,
be
vested
27
with
the
right
of
eminent
domain
to
the
extent
necessary
28
and
as
prescribed
and
approved
by
the
board,
not
exceeding
29
seventy-five
feet
in
width
for
right-of-way
and
not
exceeding
30
one
acre
in
any
one
location
in
addition
to
right-of-way
for
31
the
location
of
pumps,
pressure
apparatus,
or
other
stations
or
32
equipment
necessary
to
the
proper
operation
of
its
pipeline.
33
The
board
may
grant
additional
eminent
domain
rights
where
34
the
pipeline
company
has
presented
sufficient
evidence
to
35
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2099
adequately
demonstrate
that
a
greater
area
is
required
for
the
1
proper
construction,
operation,
and
maintenance
of
the
pipeline
2
or
for
the
location
of
pumps,
pressure
apparatus,
or
other
3
stations
or
equipment
necessary
to
the
proper
operation
of
its
4
pipeline.
5
Sec.
12.
Section
479.24,
Code
2024,
is
amended
by
adding
the
6
following
new
subsection:
7
NEW
SUBSECTION
.
3.
The
board
shall
not
grant
eminent
8
domain
rights
to
a
pipeline
company
seeking
a
permit
under
this
9
section
unless
at
least
ninety
percent
of
the
affected
parcels
10
and
ninety
percent
of
the
pipeline
project’s
total
distance
11
have
been
acquired
through
voluntary
easements.
12
Sec.
13.
Section
479.25,
Code
2024,
is
amended
to
read
as
13
follows:
14
479.25
Damages.
15
1.
A
pipeline
company
operating
a
pipeline
or
a
gas
16
storage
area
shall
have
reasonable
access
to
the
pipeline
or
17
gas
storage
area
for
the
purpose
of
constructing,
operating,
18
maintaining,
or
locating
pipes,
pumps,
pressure
apparatus
or
19
other
stations,
wells,
devices,
or
equipment
used
in
or
upon
20
the
pipeline
or
gas
storage
area;
shall
pay
the
owner
of
the
21
land
for
the
right
of
entry
and
the
owner
of
crops
for
all
22
damages
caused
by
entering,
using,
or
occupying
the
land;
and
23
shall
pay
to
the
owner
all
damages
caused
by
the
completion
24
of
construction
of
the
pipeline
due
to
wash
or
erosion
of
the
25
soil
at
or
along
the
location
of
the
pipeline
and
due
to
the
26
settling
of
the
soil
along
and
above
the
pipeline.
However,
27
this
section
shall
not
prevent
the
execution
of
an
agreement
28
between
the
pipeline
company
and
the
owner
of
land
or
crops
29
with
reference
to
the
use
of
the
land.
30
2.
A
pipeline
company
operating
a
pipeline
or
a
gas
31
storage
area
shall
be
responsible
for
damages
resulting
from
32
construction,
operation,
or
maintenance,
including
damages
33
resulting
from
an
environmental
disaster,
to
local
livestock,
34
or
other
damages
attributable
to
the
construction,
operation,
35
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2099
or
maintenance.
1
Sec.
14.
Section
479.26,
Code
2024,
is
amended
to
read
as
2
follows:
3
479.26
Financial
condition
of
permittee
——
bond.
4
Before
any
permit
is
granted
under
this
chapter
the
5
applicant
must
satisfy
the
board
that
the
applicant
has
6
property
within
this
state
other
than
pipelines,
subject
to
7
execution
of
a
value
in
excess
of
two
hundred
fifty
thousand
8
one
million
dollars,
or
the
applicant
must
file
and
maintain
9
with
the
board
a
surety
bond
in
the
penal
sum
of
two
hundred
10
fifty
thousand
the
lesser
of
one
million
dollars
or
one
11
percent
of
the
project
value
with
surety
approved
by
the
board,
12
conditioned
that
the
applicant
will
pay
any
and
all
damages
13
legally
recovered
against
it
growing
out
of
the
construction
14
or
operation
of
its
pipeline
and
gas
storage
facilities
in
the
15
state
of
Iowa.
When
the
pipeline
company
deposits
with
the
16
board
security
satisfactory
to
the
board
as
a
guaranty
for
the
17
payment
of
the
damages,
or
furnishes
to
the
board
satisfactory
18
proofs
of
its
solvency
and
financial
ability
to
pay
the
19
damages,
the
pipeline
company
is
relieved
of
the
provisions
20
requiring
bond.
21
Sec.
15.
NEW
SECTION
.
479.35
Liability.
22
Notwithstanding
any
provision
in
this
chapter
to
the
23
contrary,
except
where
a
landowner’s
actions
constitute
gross
24
negligence
and
the
landowner
commits
critical
infrastructure
25
sabotage
as
defined
in
section
716.11,
the
landowner
shall
not
26
be
liable
for
any
damages
to
a
pipeline
or
gas
storage
area.
27
Sec.
16.
Section
479.45,
subsection
2,
Code
2024,
is
amended
28
to
read
as
follows:
29
2.
A
claim
for
damage
for
future
crop
deficiency
within
30
the
easement
strip
shall
not
be
precluded
from
renegotiation
31
under
section
6B.52
on
the
grounds
that
it
was
apparent
at
the
32
time
of
settlement
unless
the
settlement
expressly
releases
the
33
pipeline
company
from
claims
for
damage
to
the
productivity
of
34
the
soil
.
The
landowner
shall
notify
the
company
in
writing
35
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2099
fourteen
days
prior
to
harvest
in
each
year
to
assess
crop
1
deficiency
or
by
providing
global
positioning
system
yield
2
monitoring
data
or
similar
assessment
data
demonstrating
crop
3
deficiency
to
the
company
within
thirty
days
of
harvest
.
4
Sec.
17.
Section
479B.4,
subsection
6,
Code
2024,
is
amended
5
to
read
as
follows:
6
6.
A
pipeline
company
seeking
rights
under
this
chapter
7
shall
not
negotiate
or
purchase
an
easement
or
other
interest
8
in
land
in
a
county
known
to
be
affected
by
the
proposed
9
project
prior
to
the
informational
meeting.
A
pipeline
10
company
seeking
rights
under
this
chapter
shall
not
engage
in
11
communication
with
landowners
prior
to
negotiations
without
12
obtaining
a
landowner’s
written
consent
to
the
communication.
13
Sec.
18.
Section
479B.6,
Code
2024,
is
amended
by
adding
the
14
following
new
subsection:
15
NEW
SUBSECTION
.
3.
Upon
the
filing
of
the
petition,
a
16
pipeline
company
shall
provide
notice
of
such
filing
served
by
17
certified
mail
to
landowners.
18
Sec.
19.
Section
479B.13,
Code
2024,
is
amended
to
read
as
19
follows:
20
479B.13
Financial
condition
of
permittee
——
bond.
21
Before
a
permit
is
granted
under
this
chapter
the
applicant
22
must
satisfy
the
board
that
the
applicant
has
property
within
23
this
state
other
than
pipelines
or
underground
storage
24
facilities,
subject
to
execution
of
a
value
in
excess
of
two
25
hundred
fifty
thousand
one
million
dollars,
or
the
applicant
26
must
file
and
maintain
with
the
board
a
surety
bond
in
the
27
penal
sum
of
two
hundred
fifty
thousand
the
lesser
of
one
28
million
dollars
or
one
percent
of
the
project
value
with
surety
29
approved
by
the
board,
conditioned
that
the
applicant
will
pay
30
any
and
all
damages
legally
recovered
against
it
growing
out
31
of
the
construction,
maintenance,
or
operation
of
its
pipeline
32
or
underground
storage
facilities
in
this
state.
When
the
33
pipeline
company
deposits
with
the
board
security
satisfactory
34
to
the
board
as
a
guaranty
for
the
payment
of
the
damages,
or
35
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2099
furnishes
to
the
board
satisfactory
proofs
of
its
solvency
and
1
financial
ability
to
pay
the
damages,
the
pipeline
company
is
2
relieved
of
the
provisions
requiring
bond.
3
Sec.
20.
Section
479B.16,
subsection
1,
Code
2024,
is
4
amended
to
read
as
follows:
5
1.
A
pipeline
company
granted
a
pipeline
permit
shall
,
6
subject
to
subsection
4,
be
vested
with
the
right
of
eminent
7
domain,
to
the
extent
necessary
and
as
prescribed
and
approved
8
by
the
board,
not
exceeding
seventy-five
feet
in
width
for
9
right-of-way
and
not
exceeding
one
acre
in
any
one
location
in
10
addition
to
right-of-way
for
the
location
of
pumps,
pressure
11
apparatus,
or
other
stations
or
equipment
necessary
to
12
the
proper
operation
of
its
pipeline.
The
board
may
grant
13
additional
eminent
domain
rights
where
the
pipeline
company
14
has
presented
sufficient
evidence
to
adequately
demonstrate
15
that
a
greater
area
is
required
for
the
proper
construction,
16
operation,
and
maintenance
of
the
pipeline
or
for
the
location
17
of
pumps,
pressure
apparatus,
or
other
stations
or
equipment
18
necessary
to
the
proper
operation
of
its
pipeline.
19
Sec.
21.
Section
479B.16,
Code
2024,
is
amended
by
adding
20
the
following
new
subsection:
21
NEW
SUBSECTION
.
4.
The
board
shall
not
grant
eminent
22
domain
rights
to
a
pipeline
company
seeking
a
permit
under
this
23
section
unless
at
least
ninety
percent
of
the
affected
parcels
24
and
ninety
percent
of
the
pipeline
project’s
total
distance
25
have
been
acquired
through
voluntary
easements.
26
Sec.
22.
Section
479B.17,
Code
2024,
is
amended
to
read
as
27
follows:
28
479B.17
Damages.
29
1.
A
pipeline
company
operating
a
pipeline
or
an
30
underground
storage
facility
shall
have
reasonable
access
to
31
the
pipeline
or
underground
storage
facility
for
the
purpose
32
of
constructing,
operating,
maintaining,
or
locating
pipes,
33
pumps,
pressure
apparatus,
or
other
stations,
wells,
devices,
34
or
equipment
used
in
or
upon
the
pipeline
or
underground
35
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2099
storage
facility.
A
pipeline
company
shall
pay
the
owner
of
1
the
land
for
the
right
of
entry
and
the
owner
of
crops
for
all
2
damages
caused
by
entering,
using,
or
occupying
the
lands
and
3
shall
pay
to
the
owner
all
damages
caused
by
the
completion
4
of
construction
of
the
pipeline
due
to
wash
or
erosion
of
the
5
soil
at
or
along
the
location
of
the
pipeline
and
due
to
the
6
settling
of
the
soil
along
and
above
the
pipeline.
However,
7
this
section
does
not
prevent
the
execution
of
an
agreement
8
between
the
pipeline
company
and
the
owner
of
the
land
or
crops
9
with
reference
to
the
use
of
the
land.
10
2.
A
pipeline
company
operating
a
pipeline
or
an
underground
11
storage
facility
shall
be
responsible
for
damages
resulting
12
from
construction,
operation,
or
maintenance,
including
damages
13
resulting
from
an
environmental
disaster,
to
local
livestock,
14
or
other
damages
attributable
to
the
construction,
operation,
15
or
maintenance.
16
Sec.
23.
Section
479B.29,
subsection
2,
Code
2024,
is
17
amended
to
read
as
follows:
18
2.
A
claim
for
damage
for
future
crop
deficiency
within
19
the
easement
strip
shall
not
be
precluded
from
renegotiation
20
under
section
6B.52
on
the
grounds
that
it
was
apparent
at
the
21
time
of
settlement
unless
the
settlement
expressly
releases
the
22
pipeline
company
from
claims
for
damage
to
the
productivity
of
23
the
soil
.
The
landowner
shall
notify
the
pipeline
company
in
24
writing
fourteen
days
prior
to
harvest
in
each
year
to
assess
25
crop
deficiency
or
by
providing
global
positioning
system
yield
26
monitoring
data
or
similar
assessment
data
demonstrating
crop
27
deficiency
to
the
company
within
thirty
days
of
harvest
.
28
Sec.
24.
NEW
SECTION
.
479B.34
Liability.
29
Notwithstanding
any
provision
in
this
chapter
to
the
30
contrary,
except
where
a
landowner’s
actions
constitute
gross
31
negligence
and
the
landowner
commits
critical
infrastructure
32
sabotage
as
defined
in
section
716.11,
the
landowner
shall
not
33
be
liable
for
any
damages
to
a
pipeline
or
gas
storage
area.
34
Sec.
25.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
35
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2099
immediate
importance,
takes
effect
upon
enactment.
1
Sec.
26.
APPLICABILITY.
2
1.
The
following
apply
to
applications
for
a
permit
3
submitted
pursuant
to
chapters
478,
479,
and
479B
prior
to,
on,
4
or
after
the
effective
date
of
this
Act:
5
a.
The
section
of
this
Act
enacting
section
478.17A.
6
b.
The
section
of
this
Act
enacting
section
478.34.
7
c.
The
section
of
this
Act
amending
section
479.25.
8
d.
The
section
of
this
Act
enacting
section
479.35.
9
e.
The
section
of
this
Act
amending
section
479B.17.
10
f.
The
section
of
this
Act
enacting
section
479B.34.
11
2.
Remaining
sections
of
this
Act
apply
to
applications
for
12
a
permit
submitted
pursuant
to
Code
chapters
476A,
478,
479,
13
and
479B
regarding
which
the
first
informational
meeting
for
a
14
petition
is
held
on
or
after
the
effective
date
of
this
Act.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
This
bill
relates
to
applications
for
permits
to
construct
19
electric
transmission
lines,
pipelines
and
underground
storage,
20
and
hazardous
liquid
pipelines
under
the
purview
of
the
Iowa
21
utilities
board
(board).
22
The
bill
modifies
eminent
domain
rights
for
matters
under
23
Code
chapter
476A
(electric
power
generation
and
transmission),
24
Code
chapter
478
(electric
transmission
lines),
Code
chapter
25
479
(pipelines
and
underground
gas
storage),
and
Code
chapter
26
479B
(hazardous
liquid
pipelines
and
storage
facilities).
The
27
bill
requires
landowner
communication
consent,
specified
surety
28
bond
amounts,
liability,
and
damage
provisions
for
permits
29
under
the
respective
Code
sections.
30
The
bill
prohibits
the
board
from
granting
eminent
domain
31
rights
to
an
entity
seeking
those
rights
under
Code
chapters
32
476A,
478,
479,
and
479B
unless
at
least
90
percent
of
the
33
affected
parcels
and
90
percent
of
the
area
of
the
proposed
34
project
are
first
acquired
through
voluntary
easements.
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The
bill
requires
a
person,
company,
or
corporation
seeking
1
a
franchise
under
Code
chapter
478
to
satisfy
a
bond
amount
2
with
the
board.
The
franchise
must
satisfy
the
board
that
the
3
franchisee
has
property
in
the
state
of
a
value
over
4
$1
million
(not
including
the
value
of
the
proposed
project)
5
or
file
and
maintain
with
the
board
a
surety
bond
of
$1
million
6
or
1
percent
of
the
project
value
with
surety
approved
by
7
the
board,
conditioned
that
the
franchisee
will
pay
any
and
8
all
damages
legally
recovered
against
it
growing
out
of
the
9
construction
or
operation
of
the
project
in
the
state.
When
10
a
franchisee
deposits
security
satisfactory
to
the
board
as
a
11
guaranty
for
the
payment
of
the
damages
or
furnishes
to
the
12
board
satisfactory
proofs
of
its
solvency
and
financial
ability
13
to
pay
the
damages,
the
franchisee
shall
be
relieved
of
the
14
provisions
requiring
bond.
15
The
bill
prohibits
persons
seeking
rights
to
construct
16
projects
under
Code
chapter
478,
479,
or
479B
from
contacting
17
landowners
regarding
negotiations
for
land
acquisition
without
18
first
obtaining
the
landowner’s
written
consent
allowing
19
communication.
A
person,
company,
or
corporation
seeking
20
to
acquire
an
easement
or
other
property
interest
shall
not
21
contact
a
landowner
unless
first
provided
written
consent
by
22
the
landowner.
23
The
bill
adds
provisions
to
Code
chapters
478,
479,
and
24
479B
requiring
a
person
seeking
to
construct
projects
under
25
those
chapters
to
be
held
liable
for
damages
resulting
from
26
construction,
operation,
or
maintenance,
including
damages
27
resulting
from
an
environmental
disaster,
to
local
livestock,
28
or
other
damages
attributable
to
the
construction,
operation,
29
or
maintenance.
30
The
bill
provides
that
a
claim
for
damages
related
to
31
future
crop
deficiency
within
an
easement
strip
under
Code
32
chapter
478
shall
not
be
precluded
from
renegotiation
under
33
Code
section
6B.52
relating
to
eminent
domain
procedure
for
34
the
renegotiation
of
damages.
The
landowner
shall
notify
the
35
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2099
franchisee
in
writing
14
days
prior
to
harvest
in
each
year
1
to
assess
crop
deficiency
or
by
providing
global
positioning
2
system
yield
monitoring
data
or
similar
assessment
data
3
demonstrating
crop
deficiency
to
the
company
within
30
4
days
of
harvest.
The
bill
modifies
claims
for
future
crop
5
deficiency
damages
pursuant
to
Code
chapters
479
and
479B
to
6
allow
a
landowner
to
notify
a
company
in
writing
by
providing
7
global
positioning
system
yield
monitoring
data
or
similar
8
assessment
data
demonstrating
crop
deficiency
to
the
company
9
within
30
days
of
harvest,
and
strikes
language
providing
10
that
a
settlement
may
expressly
release
a
company
from
soil
11
productivity
damage
claims.
12
The
bill
creates
new
provisions
relating
to
landowner
13
liability
in
Code
chapters
478,
479,
and
479B.
The
bill
14
provides
that
except
where
a
landowner’s
actions
constitute
15
gross
negligence
and
the
landowner
commits
critical
16
infrastructure
sabotage
as
defined
in
Code
section
716.11
17
(relating
to
critical
infrastructure
sabotage
definitions),
18
the
landowner
shall
not
be
liable
for
any
damages
to
a
project
19
permitted
under
Code
chapters
478,
479,
and
479B.
20
The
bill
includes
provisions
relating
to
land
restoration
21
standards.
The
bill
adds
a
land
restoration
section
in
22
Code
chapter
478
that
mirrors
land
restoration
standards
in
23
Code
chapters
479
and
479B.
The
new
Code
section
includes
24
requirements
that
the
board
adopt
rules
related
to
the
25
restoration
of
agricultural
lands
during
and
after
transmission
26
line,
wire,
or
cable
construction
and
distribute
notice
of
27
intended
actions
to
county
boards
of
supervisors.
Rules
28
shall
include
subject
matters
relating
to
topsoil,
temporary,
29
permanent,
and
future
drain
tile
issues,
removal
of
rocks
30
and
debris,
soil
compaction,
terraces,
waterways,
and
other
31
erosion
control
structures,
revegetation,
restoration
of
land
32
slope
and
contour,
restoration
of
field
entrance
and
temporary
33
road
areas,
construction
in
wet
conditions,
burial
depths
34
for
transmission
lines
and
pipelines,
and
designation
of
a
35
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franchisee
point
of
contact.
1
The
bill
provides
that
a
county
board
of
supervisors
may
2
require
an
on-site
compliance
inspection
at
any
time
to
be
3
performed
by
a
specialized
licensed
professional
engineer.
4
The
reasonable
costs
of
the
inspection
shall
be
paid
by
the
5
franchisee.
Notice
of
a
violation
relating
to
provisions
6
regarding
land
restoration,
the
land
restoration
plan
created
7
by
the
franchisee
and
submitted
to
the
board,
or
of
an
8
independent
agreement
shall
be
given
to
the
franchisee
or
a
9
contractor
for
the
franchisee.
Corrective
action
shall
be
10
taken
by
the
franchisee
and
the
costs
of
the
corrective
action
11
shall
be
borne
by
the
contractor
of
the
franchisee.
12
The
bill
provides
that
a
franchisee
shall
file
a
written
13
land
restoration
plan
with
their
petition.
The
franchisee
14
shall
provide
copies
of
the
plan
to
all
landowners
of
property
15
that
will
be
disturbed
by
the
construction.
The
bill
does
not
16
preclude
additional
means
of
land
protection
or
restoration
17
in
addition
to
the
plan,
rules
regarding
the
plan,
or
other
18
written
agreements.
19
The
bill
provides
that
an
inspector
shall
adequately
20
inspect
underground
improvements
altered
during
transmission
21
line,
wire,
or
cable
construction,
and
the
inspection
shall
22
be
conducted
at
the
time
of
the
replacement
or
repair
of
the
23
underground
improvements.
Additionally,
an
inspector
shall
24
be
present
on-site
at
all
times
and
the
franchisee
and
its
25
contractor
shall
keep
an
inspector
continually
informed
of
26
the
work
schedule
and
any
schedule
changes.
The
county
board
27
of
supervisors
may
petition
the
board
for
an
order
requiring
28
corrective
action
to
be
taken
where
the
franchisee
or
its
29
contractor
is
in
noncompliance.
In
addition,
the
county
30
board
of
supervisors
may
file
a
complaint
with
the
board
31
seeking
imposition
of
civil
penalties
of
not
more
than
$100
32
per
violation
or
$1,000
per
day
of
a
continuing
violation,
33
whichever
is
greater,
under
Code
section
478.29.
34
The
bill
provides
that
a
franchisee
shall
allow
landowners
35
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2099
and
the
inspector
to
view
the
proposed
center
line
of
the
1
transmission
line,
wire,
or
cable
prior
to
commencing
trenching
2
operations
to
ensure
that
construction
takes
place
in
its
3
proper
location,
and
an
inspector
may
temporarily
halt
the
4
construction
for
noncompliance
until
the
inspector
consults
5
with
the
supervisory
personnel
of
the
franchisee.
The
board
6
shall
instruct
appointed
inspectors
of
the
content
of
the
7
statutes
and
rules
and
the
inspectors’
responsibility
to
8
require
compliant
construction.
9
The
bill
modifies
surety
bond
amounts
for
projects
10
constructed
pursuant
to
Code
chapters
479
and
479B.
The
11
bill
changes
the
amount
that
an
applicant
for
a
permit
shall
12
demonstrate
in
property
value
(other
than
pipelines)
in
excess
13
of
$1
million
from
$250,000.
The
bill
also
requires
the
14
applicant
to
file
and
maintain
with
the
board
a
surety
bond
15
of
$1
million
or
1
percent
of
the
project
value,
whichever
is
16
lesser,
from
a
surety
bond
of
$250,000.
17
The
bill
is
effective
upon
enactment
and
includes
18
applicability
provisions.
The
bill
applies
to
an
application
19
for
a
permit
pursuant
to
Code
chapters
476A,
478,
479,
and
20
479B
where
the
first
informational
meeting
for
a
petition
is
21
held
on
or
after
the
effective
date
of
the
bill,
except
where
22
otherwise
provided.
For
sections
of
the
bill
relating
to
23
liability
regarding
a
landowner’s
gross
negligence
and
critical
24
infrastructure
sabotage
and
sections
of
the
bill
regarding
25
petitioner
responsibility
for
damages
under
Code
chapters
26
478,
479,
and
479B,
the
bill
shall
apply
retroactively
to
all
27
applications
for
a
permit
under
those
Code
chapters.
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