Senate File 571 - Introduced SENATE FILE 571 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO SSB 1216) A BILL FOR An Act providing for the transportation of biogas using a 1 gathering line system constructed within a secondary road 2 right-of-way, providing fees, and including effective date 3 provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2548SV (1) 90 da/ns
S.F. 571 Section 1. NEW SECTION . 306E.1 Finding and declaration. 1 The state of Iowa finds and declares that the establishment 2 and expansion of the biogas and renewable natural gas industry 3 promises to be a vital part of Iowa’s future economy. 4 Sec. 2. NEW SECTION . 306E.2 Definitions. 5 As used in this chapter, unless the context otherwise 6 requires: 7 1. “Anaerobic digester system” means the same as defined in 8 section 459.102. 9 2. “Construct” means to install, expand, maintain, or 10 repair. 11 3. “Gathering line system” or “system” means those gathering 12 lines, as defined in 49 C.F.R. §192.3, that operate at or 13 under one hundred twenty-five pounds per square inch gauge and 14 that transport biogas from an anaerobic digester system to a 15 facility for further processing to produce renewable natural 16 gas. 17 4. a. “Owner or operator” , except as provided in paragraph 18 “b” , means a person that owns or operates a gathering line 19 system. 20 b. “Owner or operator” does not mean a person owning or 21 operating a public utility, as defined in section 476.1. 22 5. “Secondary road right-of-way” means a public road 23 right-of-way the possession of which is secured or reserved by 24 a county as part of the county’s jurisdiction over a secondary 25 road. 26 Sec. 3. NEW SECTION . 306E.3 Construction requirements. 27 Prior to constructing a gathering line system to be located 28 in a secondary road right-of-way, an owner or operator shall 29 comply with all of the following: 30 1. Any permitting requirements of, including the payment 31 of any applicable fees to, the county which has secured 32 or reserved the right to possession of the secondary road 33 right-of-way, as necessary to construct the gathering line 34 system. As part of a county permitting process, a county may 35 -1- LSB 2548SV (1) 90 da/ns 1/ 3
S.F. 571 require the owner or operator to send a written notice of the 1 construction to the last known address of each present owner of 2 the secondary road right-of-way where the gathering line system 3 will be constructed. 4 2. Applicable requirements of chapter 480. 5 Sec. 4. NEW SECTION . 306E.4 Construction and operation. 6 An owner or operator complying with the requirements 7 of section 306E.3 may construct and operate a gathering 8 line system in a secondary road right-of-way. The owner or 9 operator shall not construct or operate the system in a manner 10 that causes permanent interference with the public use of a 11 secondary road or secondary road right-of-way. 12 Sec. 5. EFFECTIVE DATE. This Act, being deemed of immediate 13 importance, takes effect upon enactment. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 GENERAL. This bill declares that the establishment and 18 expansion of a biogas and renewable natural gas industry 19 in this state promises to be a vital part of Iowa’s future 20 economy (new Code section 306E.1). The bill regulates the 21 transportation of biogas from an anaerobic digester system 22 (ADS) to a processing facility for the production of renewable 23 natural gas. 24 TERMINOLOGY. An ADS is connected to a confinement feeding 25 operation housing livestock that stores liquid manure on 26 site using a storage structure (Code section 459.206). The 27 ADS processes liquid manure by utilizing bacteria to break 28 down organic matter in the absence of oxygen for purposes 29 of producing, collecting, and transporting biogas (Code 30 section 459.102). A gathering line as a type of pipeline 31 used to transport gas from its point of production to another 32 facility for processing (i.e., refinement). The bill defines a 33 “gathering line system” (GLS) as gathering lines of a certain 34 capacity used to transport biogas from an ADS to a facility 35 -2- LSB 2548SV (1) 90 da/ns 2/ 3
S.F. 571 used to produce natural gas (new Code section 306E.2). The 1 bill allows the owner or operator of a GLS to install, expand, 2 maintain, or repair (construct) or operate a GLS within the 3 public road right-of-way of a secondary road possessed by a 4 county (secondary road right-of-way) (Code section 306.4). An 5 owner or operator of a GLS does not include a public utility 6 (regulated under Code chapter 476). 7 AUTHORIZATION TO CONSTRUCT GATHERING LINE SYSTEMS WITHIN A 8 SECONDARY ROAD RIGHT-OF-WAY —— REQUIREMENTS. The bill requires 9 the owner or operator to comply with certain requirements prior 10 to constructing or operating the GLS within a secondary road 11 right-of-way (new Code section 306E.3). The owner or operator 12 must comply with any permitting requirements of, including 13 the payment of any applicable fees to, the county possessing 14 the secondary road right-of-way. In addition, the county may 15 require the owner or operator to send a written notice of 16 the construction to the last-known address of the owner of 17 the secondary road right-of-way. The owner or operator must 18 also notify the statewide notification center of any planned 19 excavation (Code chapter 480). Finally, the owner or operator 20 cannot construct or operate a GLS in a manner that causes 21 permanent interference with public use of the secondary road or 22 secondary road right-of-way (new Code section 306E.4). 23 The bill takes effect upon enactment. 24 -3- LSB 2548SV (1) 90 da/ns 3/ 3