House File 2527 - Introduced HOUSE FILE 2527 BY COMMITTEE ON AGRICULTURE (SUCCESSOR TO HSB 693) A BILL FOR An Act providing a limitation on civil or criminal liability 1 for any alleged actual or potential effect on climate caused 2 wholly or partly by a greenhouse gas emission. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6867HV (2) 91 da/js

H.F. 2527 Section 1. NEW SECTION . 673B.1 Definitions. 1 As used in this chapter, unless the context otherwise 2 requires: 3 1. “Agricultural commodity” means a farm animal or farm crop 4 as each is defined in section 673A.3. 5 2. a. “Agricultural source” means the location where an 6 agricultural commodity is produced, handled, housed, stored, 7 preserved, processed, distributed, or sold. 8 b. “Agricultural source” includes the location where an 9 agricultural retailer or agricultural service provider conducts 10 an activity. 11 3. “Greenhouse gas” means a gas derived from human activity 12 or a natural source that is any of the following: 13 a. Originating from any of the following: 14 (1) An agricultural source. 15 (2) A renewable fuel source. 16 b. Any of the following gases: 17 (1) Carbon dioxide. 18 (2) Hydrofluorocarbons. 19 (3) Methane. 20 (4) Nitrogen trifluoride. 21 (5) Nitrous oxide. 22 (6) Sulfur hexafluoride. 23 (7) Perfluorocarbons. 24 4. “Regulatory authority” means the department of natural 25 resources or a federal agency regulating greenhouse gas 26 emissions, including the United States environmental protection 27 agency. 28 5. “Renewable fuel source” means a location where renewable 29 fuel, as defined in section 214A.1, is manufactured, stored, 30 or dispensed. 31 Sec. 2. NEW SECTION . 673B.2 Action based on climate —— 32 limitation on liability. 33 1. Subject to section 673B.3, in any civil or criminal 34 action, a defendant is not liable, and is not subject to 35 -1- LSB 6867HV (2) 91 da/js 1/ 3

H.F. 2527 any judicial remedy, under any principle of law or equity, 1 for damages or injury from any alleged actual or potential 2 effect on climate caused wholly or partly by a greenhouse gas 3 emission. 4 2. Subsection 1 applies regardless of the civil or criminal 5 action brought or type of relief sought, whether legal or 6 equitable. 7 3. A person bringing a civil or criminal action that alleges 8 damages or injury as described in subsection 1 must do all of 9 the following: 10 a. Specify each greenhouse gas emitted by the defendant that 11 as asserted gives rise to the civil or criminal action. 12 b. Show by clear and convincing evidence that unavoidable 13 and identifiable damage or injury has resulted or will 14 result as a direct cause of the defendant’s violation of an 15 enforceable statutory limitation or restriction or a valid, 16 enforceable operating, air, or other permit issued to the 17 defendant by a regulatory authority. 18 Sec. 3. NEW SECTION . 673B.3 Action based on climate —— 19 applicability. 20 Section 673B.2 applies unless the district court in the 21 civil or criminal case finds by clear and convincing evidence 22 that the defendant has violated any of the following: 23 1. An enforceable statutory limitation or restriction 24 governing the emission of a specific greenhouse gas originating 25 within this state. 26 2. An express term of a valid, enforceable operating, 27 air, or other permit issued to the defendant by a regulatory 28 authority that has jurisdiction over the defendant’s greenhouse 29 gas emissions. 30 Sec. 4. NEW SECTION . 673B.4 Statutory construction. 31 This chapter shall not be construed to create either a right 32 to bring any civil or criminal action, or a judicial remedy, 33 under any principle of law or equity, based on the potential 34 effect on climate caused wholly or partly by a greenhouse gas 35 -2- LSB 6867HV (2) 91 da/js 2/ 3

H.F. 2527 emission. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill limits civil or criminal liability arising from 5 any alleged actual or potential effect on climate caused wholly 6 or partly by a greenhouse gas emission attributable to a 7 defendant. A greenhouse gas includes a gas originating from an 8 agricultural or renewable fuel source, or a number of specific 9 gases, including carbon dioxide, hydrofluorocarbons, methane, 10 nitrogen trifluoride, nitrous oxide, sulfur hexafluoride, or 11 a perfluorocarbon. In a civil or criminal action, a district 12 court must find by clear and convincing evidence that the 13 defendant violated: (1) an enforceable statutory limitation 14 or restriction governing the emission of a specific greenhouse 15 gas originating in the state, or (2) an express term of 16 an operating, air, or other permit issued to the defendant 17 by the department of natural resources or a federal agency 18 (e.g., United States environmental protection agency). The 19 bill provides that its provisions are not to be construed as 20 creating a right to bring a civil or criminal action or a 21 judicial remedy. 22 -3- LSB 6867HV (2) 91 da/js 3/ 3