SSB 1216 (LSB 2548XC (1) 90)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON WAYS AND MEANS BILL BY CHAIRPERSON DAWSON)

A BILL FOR

An Act providing for the transportation of biogas using a gathering line system constructed within a secondary road right-of-way, providing fees, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  306E.1  Finding and declaration.
   The state of Iowa finds and declares that the establishment and expansion of the biogas and renewable natural gas industry promises to be a vital part of Iowa’s future economy.
    Sec. 2.  NEW SECTION.  306E.2  Definitions.
   As used in this chapter, unless the context otherwise requires:
   1.  “Anaerobic digester system” means the same as defined in section 459.102.
   2.  “Construct” means to install, expand, maintain, or repair.
   3.  “Gathering line system” or “system” means those gathering lines, as defined in 49 C.F.R. §192.3, that operate at or under one hundred twenty-five pounds per square inch gauge and that transport biogas from an anaerobic digester system to a facility for further processing to produce renewable natural gas.
   4.  a.  “Owner or operator”, except as provided in paragraph “b”, means a person that owns or operates a gathering line system. 
   b.  “Owner or operator” does not mean a person owning or operating a public utility, as defined in section 476.1.
   5.  “Secondary road right-of-way” means a public road right-of-way the possession of which is secured or reserved by a county as part of the county’s jurisdiction over a secondary road. 
    Sec. 3.  NEW SECTION.  306E.3  Construction requirements.
   Prior to constructing a gathering line system to be located in a secondary road right-of-way, an owner or operator shall comply with all of the following:
   1.  Any permitting requirements of, including the payment of any applicable fees to, the county which has secured or reserved the right to possession of the secondary road right-of-way, as necessary to construct the gathering line system. As part of a county permitting process, a county may require the owner or operator to send a written notice of the construction to the last known address of each present owner of the secondary road right-of-way where the gathering line system will be constructed.
   2.  Applicable requirements of chapter 480.
    Sec. 4.  NEW SECTION.  306E.4  Construction and operation.
   An owner or operator complying with the requirements of section 306E.3 may construct and operate a gathering line system in a secondary road right-of-way. The owner or operator shall not construct or operate the system in a manner that causes permanent interference with the public use of a secondary road or secondary road right-of-way.
    Sec. 5.  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.
   GENERAL. This bill declares that the establishment and expansion of a biogas and renewable natural gas industry in this state promises to be a vital part of Iowa’s future economy (new Code section 306E.1). The bill regulates the transportation of biogas from an anaerobic digester system (ADS) to a processing facility for the production of renewable natural gas.
   TERMINOLOGY. An ADS is connected to a confinement feeding operation housing livestock that stores liquid manure on site using a storage structure (Code section 459.206). The ADS processes liquid manure by utilizing bacteria to break down organic matter in the absence of oxygen for purposes of producing, collecting, and transporting biogas (Code section 459.102). A gathering line as a type of pipeline used to transport gas from its point of production to another facility for processing (i.e., refinement). The bill defines a “gathering line system” (GLS) as gathering lines of a certain capacity used to transport biogas from an ADS to a facility used to produce natural gas (new Code section 306E.2). The bill allows the owner or operator of a GLS to install, expand, maintain, or repair (construct) or operate a GLS within the public road right-of-way of a secondary road possessed by a county (secondary road right-of-way) (Code section 306.4). An owner or operator of a GLS does not include a public utility (regulated under Code chapter 476).
   AUTHORIZATION TO CONSTRUCT GATHERING LINE SYSTEMS WITHIN A SECONDARY ROAD RIGHT-OF-WAY —— REQUIREMENTS. The bill requires the owner or operator to comply with certain requirements prior to constructing or operating the GLS within a secondary road right-of-way (new Code section 306E.3). The owner or operator must comply with any permitting requirements of, including the payment of any applicable fees to, the county possessing the secondary road right-of-way. In addition, the county may require the owner or operator to send a written notice of the construction to the last-known address of the owner of the secondary road right-of-way. The owner or operator must also notify the statewide notification center of any planned excavation (Code chapter 480). Finally, the owner or operator cannot construct or operate a GLS in a manner that causes permanent interference with public use of the secondary road or secondary road right-of-way (new Code section 306E.4).
   The bill takes effect upon enactment.