H.F. 2227 Section 1. Section 478.18, Code 2026, is amended to read as 1 follows: 2 478.18 Supervision of construction —— location. 3 1. The utilities commission shall have power of supervision 4 over the construction of a transmission line and over its 5 future operation and maintenance , including inspections for 6 compliance with the standards adopted under section 478.34 7 after restoration of the land is complete . 8 2. A transmission line shall be constructed near and 9 parallel to roads, to the right-of-way of the railways of the 10 state, or along the division lines of the lands, according 11 to the government survey, wherever the same is practicable 12 and reasonable, and so as not to interfere with the use 13 by the public of the highways or streams of the state, nor 14 unnecessarily interfere with the use of any lands by the 15 occupant. 16 3. The utilities commission may contract a qualified 17 individual for the purpose of inspections authorized under 18 section 478.34. The reasonable cost of the inspection shall 19 be paid by the electric transmission owner. The utilities 20 commission shall instruct the inspector appointed by the 21 commission regarding the content of the statutes and rules and 22 the responsibility of the inspector to require restoration 23 conforming with the applicable standards established in section 24 478.34. For purposes of this section, “qualified individual” 25 means the same as defined in section 478.34. 26 Sec. 2. NEW SECTION . 478.34 Land restoration. 27 1. As used in this section, unless the context otherwise 28 requires: 29 a. “Electric transmission line” means a high-voltage 30 electric transmission line with a capacity of two hundred 31 kilovolts or more that has been approved on or after July 32 1, 2022, for construction in a federally registered planning 33 authority transmission plan with costs allocated regionally. 34 b. “Electric transmission owner” means an individual or 35 -1- LSB 5425HV (2) 91 sb/js 1/ 9

H.F. 2227 entity who owns and maintains an electric transmission line. 1 c. “Landowner” means the same as defined in section 478.2. 2 d. “Qualified individual” means someone who is capable and 3 knowledgeable enough to determine compliance with the standards 4 set forth in this section. 5 2. The commission shall adopt rules pursuant to chapter 17A 6 to administer this section , which shall include rules regarding 7 the restoration of agricultural lands following the initial 8 construction of an electric transmission line, as specified in 9 subsection 3. 10 3. The commission shall adopt rules to implement the 11 following requirements, which shall not apply within the 12 corporate limits of a city or to any construction, activity, or 13 electric transmission lines other than the initial construction 14 of an electric transmission line with a voltage of two hundred 15 or more kilovolts and for which an election to construct has 16 been made under this section: 17 a. An electric transmission owner shall repair a damaged 18 underground drain tile as soon as practicable during 19 construction of the electric transmission line. Permanent 20 repairs to the damaged underground drain tile shall be 21 completed as soon as practicable after the initial construction 22 of the electric transmission line is complete. The repairs 23 made to the damaged drain tile shall be of at least equal 24 quality, size, and flow capacity of the original drain tile. 25 b. Following the initial construction of an electric 26 transmission line, the electric transmission owner shall remove 27 from the easement area all rock larger than three inches in 28 average diameter not native to the soil of the excavated 29 land. The rock removed from the excavated land that cannot be 30 used to backfill shall be disposed of at a location and in a 31 manner agreed upon by the electric transmission owner and the 32 landowner. 33 c. Upon completion of construction activities on a property, 34 the electric transmission owner shall deep till agricultural 35 -2- LSB 5425HV (2) 91 sb/js 2/ 9

H.F. 2227 land, including right-of-way access points or roads traversed 1 by heavy construction equipment, to alleviate soil compaction. 2 The land shall be tilled at least eighteen inches deep in land 3 used for crop production and twelve inches deep in other lands 4 unless otherwise agreed to by the landowner. 5 d. Upon completion of the electric transmission line, the 6 electric transmission owner shall restore the soil conservation 7 practices and structures damaged during construction of the 8 electric transmission line to the elevation and grade existing 9 on the land prior to the construction. The soil used to 10 repair embankments intended to retain water shall be well 11 compacted. Any vegetation disturbed during construction shall 12 be reestablished, including cover crops when appropriate. 13 e. Following compaction of the land, agricultural land that 14 is not in row crop or small grain production at the time of 15 construction, including hay ground and land in conservation or 16 set-aside programs, shall be reseeded and a cover crop shall 17 be utilized when appropriate. Seeding for cover crops may be 18 delayed if the construction of the electric transmission line 19 is completed too late in the year for a cover crop to become 20 established and is not required if the land will be tilled in 21 the following year. The landowner may request ground cover 22 to prevent soil erosion in areas where construction on the 23 electric transmission line is completed if the season is not 24 suitable for seeding a cover crop. 25 f. Unless agreed upon by the electric transmission owner 26 and the landowner, the electric transmission owner shall remove 27 field entrances or temporary roads built for the purpose of 28 constructing the electric transmission line upon the completion 29 of the initial construction and restore the area to its 30 previous use. 31 g. An electric transmission owner shall use good utility 32 practices for constructing the electric transmission line in 33 wet conditions, such as electing to use matting or padding when 34 utilizing heavy equipment. An electric transmission owner 35 -3- LSB 5425HV (2) 91 sb/js 3/ 9

H.F. 2227 shall grade and till any rutted land to restore, to the extent 1 practicable, the original condition of the land prior to the 2 construction of the electric transmission line. If agreed 3 upon by the electric transmission owner and the landowner, 4 the landowner may repair any damage caused by construction 5 activities in wet conditions and the electric transmission 6 owner shall reimburse the landowner for the reasonable cost 7 incurred to repair the damage. If an electric transmission 8 owner utilizes heavy equipment in wetlands or mudflats, mats or 9 other measures shall be utilized to minimize soil disturbance. 10 h. For each electric transmission line, the electric 11 transmission owner shall designate a point of contact for 12 inquiries or claims from an affected person. The designation 13 shall include a name, a telephone number, an email address, and 14 an address. 15 4. a. If an electric transmission owner and a landowner 16 dispute a potential violation of the restoration standards 17 provided in subsection 3, the commission may appoint a 18 qualified individual to inspect the property for compliance. 19 If the qualified individual determines that there has been 20 a violation of the applicable restoration standards, the 21 commission shall provide oral notice, followed by written 22 notice, to the electric transmission owner and the contractor 23 operating for the electric transmission owner and order 24 corrective action to comply with the restoration standards. 25 The electric transmission owner shall be responsible for the 26 costs of the corrective action. 27 b. If the electric transmission owner or the contractor 28 for the electric transmission owner does not comply with a 29 valid order for corrective action issued by the commission, the 30 commission may issue an order requiring corrective action to be 31 taken and may impose civil penalties under section 478.29. 32 c. The commission shall instruct the inspector appointed by 33 the commission regarding the content of the statutes and rules 34 and the responsibility of the inspector to require restoration 35 -4- LSB 5425HV (2) 91 sb/js 4/ 9

H.F. 2227 conforming with the standards established in subsection 3. 1 5. a. A petitioner for a franchise for an electric 2 transmission line shall file with the petition a written land 3 restoration plan that documents how the requirements and rules 4 of subsection 3 will be met. The petitioner shall provide a 5 copy of the plan to all landowners of property that will be 6 disturbed by the initial construction. 7 b. Nothing in this section shall preclude the application 8 of provisions for protecting or restoring property that are 9 different than those prescribed in subsection 3, in rules 10 adopted under subsection 3, or in the land restoration plan, 11 if the alternative provisions are contained in agreements 12 independently executed by the electric transmission owner and 13 the landowner. Independent agreements for land restoration 14 between the electric transmission owner and the landowner shall 15 be in writing and provided to the commission. 16 c. The commission may by waiver allow variations from the 17 requirements of subsection 3 if the electric transmission 18 owner requesting a waiver satisfies the standards set forth 19 in section 17A.9A and if the alternative methods proposed 20 by the electric transmission owner would restore the land 21 to a condition as good as or better than as provided for in 22 subsection 3. 23 d. The commission may waive preparation of a separate land 24 restoration plan if the electric transmission owner enters into 25 an agricultural impact mitigation plan or similar agreement 26 with the appropriate agencies of this state that satisfies 27 the requirements of subsection 3. If a mitigation plan or 28 agreement is used to fully or partially meet the requirements 29 of a land restoration plan, the statement or agreement shall 30 be filed with the commission and shall be considered to be, 31 or to be part of, the land restoration plan for purposes of 32 subsection 3. 33 6. Nothing in this section shall limit, expand, or otherwise 34 modify the rights of access and obligations for damages set 35 -5- LSB 5425HV (2) 91 sb/js 5/ 9

H.F. 2227 forth in section 478.17. 1 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate 2 importance, takes effect upon enactment. 3 Sec. 4. RETROACTIVE APPLICABILITY. This Act applies 4 retroactively to transmission lines included in a federally 5 registered planning authority long-term transmission plan 6 approved on or after July 1, 2022. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 This bill relates to land restoration following the initial 11 construction of electric transmission lines. 12 The bill directs the commission to adopt rules to implement 13 the land restoration requirements after initial construction of 14 an electric transmission line as set forth in the bill. 15 The bill requires electric transmission owners to repair 16 drain tiles damaged during construction as soon as practicable 17 and to complete permanent repairs as soon as practicable after 18 initial construction. The permanent repairs must be of the 19 same quality, size, and flow capacity as the original drain 20 tile. 21 The bill requires electric transmission owners to remove all 22 nonnative rocks larger than three inches in diameter from the 23 easement area. The disposal of rock that cannot be used as 24 backfill must be done at a location and in a manner agreed to 25 between the electric transmission owner and the landowner. 26 The bill requires the electric transmission owner to 27 till agricultural land affected by construction, including 28 right-of-way access points or roads, after electric 29 transmission line construction activities are completed on the 30 affected property. The land must be tilled at least 18 inches 31 deep in land used for crop production and 12 inches deep in all 32 other land, unless otherwise agreed to by the landowner. 33 The bill requires the electric transmission owner to restore 34 soil conservation practices and structures damaged during 35 -6- LSB 5425HV (2) 91 sb/js 6/ 9

H.F. 2227 construction to their previous state, compact the soil used to 1 repair embankments intended to retain water, and reestablish 2 any vegetation disturbed during construction, including cover 3 crops. 4 The bill requires the electric transmission owner to reseed 5 the agricultural land, excluding row crops and small grain 6 production, following compaction of the land. Seeding for 7 cover crops may be delayed if construction is completed too 8 late in the year, and is not required if the land will be tilled 9 the following year. When the season is not suitable for the 10 seeding of cover crops, the landowner may request ground cover 11 to prevent soil erosion. 12 The bill requires the electric transmission owner to 13 remove all field entrances and temporary roads used during 14 construction and to restore the areas to their previous state 15 following the completion of the initial construction. 16 The bill requires the electric transmission owner to use 17 good practices when constructing in wet conditions and to grade 18 and till any rutted land in order to restore the land to its 19 original condition to the extent practicable. Additionally, 20 the bill allows the landowner to repair damage caused by 21 construction in wet conditions. The electric transmission 22 owner shall then reimburse the landowner for reasonable costs 23 of repair. The bill requires an electric transmission owner 24 to utilize mudflats, mats, or other measures to minimize soil 25 disturbance when using heavy equipment in wetlands. 26 The bill requires the electric transmission owner to provide 27 contact information to all persons affected by the construction 28 of each transmission line. 29 The bill allows the commission to appoint an inspector to 30 determine compliance with restoration standards in the event 31 the electric transmission owner and the landowner dispute over 32 potential violations. The cost of the inspection shall be 33 paid by the electric transmission owner. If the inspector 34 determines there have been violations of the restoration 35 -7- LSB 5425HV (2) 91 sb/js 7/ 9

H.F. 2227 standards, the commission will provide oral and written notice 1 to the electric transmission owner. The commission will order 2 corrective actions be taken to comply with the standards. The 3 costs of the corrective actions will be borne by the electric 4 transmission owner. 5 The bill allows the commission to issue an order requiring 6 corrective action and impose civil penalties if the electric 7 transmission owner or its contractor do not comply with the 8 required standards. 9 The bill requires the commission to instruct the inspectors 10 on the statutes, rules, and responsibilities regarding 11 restoration standards. 12 The bill requires petitioners for a franchise for electric 13 transmission construction to file a land restoration plan 14 outlining how the construction will conform to the required 15 standards. The restoration plan will also be provided to all 16 property owners affected by the construction. 17 The bill allows alternative provisions in independent 18 agreements with landowners regarding protecting or restoring 19 property as long as these provisions are in writing and are 20 provided to the commission. 21 The bill allows electric transmission owners to propose 22 alternate methods of land restoration to the commission. 23 The commission, by waiver, may allow variations to the land 24 restoration requirements if the proposed alternate methods 25 would restore the land to a condition as good or better than 26 those required by the bill. 27 The bill allows the commission to waive the preparation of 28 a separate land restoration plan, in whole or in part, if the 29 electric transmission owner satisfies the requirements through 30 similar agreement with other agencies in the state. The 31 relevant agreements must be filed with the commission. 32 The bill does not limit, expand, or otherwise modify the 33 rights of access and obligations for damages set forth in Code 34 section 478.17. 35 -8- LSB 5425HV (2) 91 sb/js 8/ 9