SSB 1201 (LSB 2262XC (1) 90)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT BILL BY CHAIRPERSON SWEENEY)

A BILL FOR

An Act relating to agricultural land restoration for electric transmission lines, making penalties applicable, and including applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 478.3, subsection 1, Code 2023, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  i.  An agricultural land restoration plan which complies with the rules established pursuant to section 478.34.
    Sec. 2.  NEW SECTION.  478.34  Land restoration.
   1.  The board, pursuant to chapter 17A, shall adopt rules establishing standards for the restoration of agricultural land during and after the construction, erection, or installation of an electric transmission line. Rules adopted under this section shall not apply to land located within city boundaries unless the land is used for agricultural purposes. Rules adopted under this section shall address but are not limited to all of the following:
   a.  Removal of rocks and debris from the right-of-way.
   b.  Revegetation.
   c.  Restoration of areas of soil compaction.
   d.  Ruts, erosion, or washing away of the soil.
   e.  Drainage system repair.
   f.  Fence repair.
   g.  Restoration of areas used for field entrances.
   2.  For an electric transmission line to be constructed or installed below ground, rules adopted under this section shall address but are not limited to, in addition to paragraphs “a” through “g” of subsection 1, all of the following:
   a.  Topsoil separation and replacement.
   b.  Temporary and permanent repair to drain tile.
   c.  Restoration of terraces, waterways, and other erosion control structures.
   d.  Restoration of land slope and contour.
   e.  Construction in wet conditions.
   3.  A person, company, or corporation requesting or having secured a franchise to construct or erect an electric transmission line shall designate a point of contact for inquiries or complaints from a landowner or a person in possession of the real property impacted by the transmission line and provide an address, phone number, and electronic means of contact.
   4.  The board shall review the land restoration plan as part of the board’s consideration of the petition and may require modifications as necessary to comply with this section, rules adopted pursuant to this section, or any alternate land restoration agreement reached with a landowner and person in possession of the real property if different from the landowner. The board may require a modification to the land restoration plan at the request of the landowner or person in possession of the real property.
   5.  If a person, company, or corporation having secured a franchise or its contractor fails to comply with the requirements of the land restoration plan approved by the board, the affected landowner or person in possession of the real property or residing on the real property may file a complaint with the board requesting a hearing after providing reasonable notice to the person who has secured the franchise.
   a.  The board may informally work with the parties to resolve the complaint. If the complaint is not resolved informally, the board shall initiate a contested case proceeding pursuant to chapter 17A.
   b.  The board may consolidate similar complaints into one contested case proceeding.
   c.  If the board finds the person who has secured the franchise or its contractor is in violation of the land restoration plan or other provisions under this chapter, the board shall determine a just and reasonable resolution and shall order compliance with the land restoration plan or other alternate agreement. The board may levy a civil penalty pursuant to section 478.29.
   6.  This section shall not preclude additional means of land protection or restoration different than the methods prescribed in this section, rules adopted under this section, or independent written agreements between a landowner or a person in possession of the real property and a person, company, or corporation having secured a franchise.
    Sec. 3.  APPLICABILITY.  This Act applies to electric transmission lines constructed, erected, or installed on or after the effective date of this Act.
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 agricultural land restoration for electric transmission lines.
   The bill provides that a petition submitted to the Iowa utilities board (board) requesting approval to construct, erect, or install an electric transmission line shall include an agricultural land restoration plan (plan).
   The bill requires the board to adopt rules for the restoration of agricultural land during and after the construction, erection, or installation of an electric transmission line. Rules shall address subject matters relating to rock removal, revegetation, soil, drainage, fence repair, and field entrances. Rules shall include additional subject matters concerning topsoil separation, temporary and permanent repair to drain tile, restoration of terraces, waterways, and other erosion control structures, restoration of land slope and contour, and construction in wet conditions in matters relating to below-ground installation.
   The bill provides that a person, company, or corporation requesting or having secured a franchise (franchise) shall designate a point of contact regarding questions and complaints and provide an address, phone number, and electronic means of contact for contact.
   The bill requires the board to review the plan and allows for required plan modifications.
   The bill provides that an affected landowner may file a complaint with the board for a franchisee’s or a contractor’s failure to comply with the plan. The board may informally attempt to resolve the complaint before initiating a contested case proceeding. The bill authorizes the board to consolidate similar complaints into one proceeding. If the board finds the franchise or contractor violated the plan or other provisions of Code chapter 478, the board shall determine a just and reasonable resolution and order compliance with the plan or alternative agreement. The board may impose a civil penalty of not more than $100 per violation or $1,000 per day of a continuing violation, whichever is greater, pursuant to Code section 478.29.
   The bill does not preclude additional means of land protection or restoration in addition to the plan, rules regarding the plan, or other written agreements.
   The bill applies to transmission lines constructed, erected, or installed on or after the effective date of the bill.