House Study Bill 526 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON YOUNG) A BILL FOR An Act relating to land restoration following the initial 1 construction of electric transmission lines. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5425YC (3) 91 sb/js
H.F. _____ 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 the same as defined 30 in section 478.16. 31 b. “Electric transmission owner” means the same as defined 32 in section 478.16. 33 c. “Landowner” means the same as defined in section 478.2. 34 d. “Qualified individual” means someone who is capable and 35 -1- LSB 5425YC (3) 91 sb/js 1/ 9
H.F. _____ knowledgeable enough to determine compliance with the standards 1 set forth in this section. 2 2. The commission shall adopt rules pursuant to chapter 17A 3 to administer this section , which shall include rules regarding 4 the restoration of agricultural lands following the initial 5 construction of an electric transmission line, as specified in 6 subsection 3. 7 3. The commission shall adopt rules to implement the 8 following requirements, which shall not apply within the 9 corporate limits of a city or to any construction, activity, or 10 electric transmission lines other than the initial construction 11 of an electric transmission line with a voltage of two hundred 12 or more kilovolts and for which an election to construct has 13 been made under this section: 14 a. An electric transmission owner shall repair a damaged 15 underground drain tile as soon as practicable during 16 construction of the electric transmission line. Permanent 17 repairs to the damaged underground drain tile shall be 18 completed as soon as practicable after the initial construction 19 of the electric transmission line is complete. The repairs 20 made to the damaged drain tile shall be of at least equal 21 quality, size, and flow capacity of the original drain tile. 22 b. Following the initial construction of an electric 23 transmission line, the electric transmission owner shall remove 24 from the easement area all rock larger than three inches in 25 average diameter not native to the soil of the excavated 26 land. The rock removed from the excavated land that cannot be 27 used to backfill shall be disposed of at a location and in a 28 manner agreed upon by the electric transmission owner and the 29 landowner. 30 c. Upon completion of construction activities on a property, 31 the electric transmission owner shall deep till agricultural 32 land, including right-of-way access points or roads traversed 33 by heavy construction equipment, to alleviate soil compaction. 34 The land shall be tilled at least eighteen inches deep in land 35 -2- LSB 5425YC (3) 91 sb/js 2/ 9
H.F. _____ used for crop production and twelve inches deep in other lands 1 unless otherwise agreed to by the landowner. 2 d. Upon completion of the electric transmission line, the 3 electric transmission owner shall restore the soil conservation 4 practices and structures damaged during construction of the 5 electric transmission line to the elevation and grade existing 6 on the land prior to the construction. The soil used to 7 repair embankments intended to retain water shall be well 8 compacted. Any vegetation disturbed during construction shall 9 be reestablished, including cover crops when appropriate. 10 e. Following compaction of the land, agricultural land that 11 is not in row crop or small grain production at the time of 12 construction, including hay ground and land in conservation or 13 set-aside programs, shall be reseeded and a cover crop shall 14 be utilized when appropriate. Seeding for cover crops may be 15 delayed if the construction of the electric transmission line 16 is completed too late in the year for a cover crop to become 17 established and is not required if the land will be tilled in 18 the following year. The landowner may request ground cover 19 to prevent soil erosion in areas where construction on the 20 electric transmission line is completed if the season is not 21 suitable for seeding a cover crop. 22 f. Unless agreed upon by the electric transmission owner 23 and the landowner, the electric transmission owner shall remove 24 field entrances or temporary roads built for the purpose of 25 constructing the electric transmission line upon the completion 26 of the initial construction and restore the area to its 27 previous use. 28 g. An electric transmission owner shall use good utility 29 practices for constructing the electric transmission line in 30 wet conditions, such as electing to use matting or padding when 31 utilizing heavy equipment. An electric transmission owner 32 shall grade and till any rutted land to restore, to the extent 33 practicable, the original condition of the land prior to the 34 construction of the electric transmission line. If agreed 35 -3- LSB 5425YC (3) 91 sb/js 3/ 9
H.F. _____ upon by the electric transmission owner and the landowner, 1 the landowner may repair any damage caused by construction 2 activities in wet conditions and the electric transmission 3 owner shall reimburse the landowner for the reasonable cost 4 incurred to repair the damage. If an electric transmission 5 owner utilizes heavy equipment in wetlands or mudflats, mats or 6 other measures shall be utilized to minimize soil disturbance. 7 h. For each electric transmission line, the electric 8 transmission owner shall designate a point of contact for 9 inquiries or claims from an affected person. The designation 10 shall include a name, a telephone number, an email address, and 11 an address. 12 4. a. If an electric transmission owner and a landowner 13 dispute a potential violation of the restoration standards 14 provided in subsection 3, the commission may appoint a 15 qualified individual to inspect the property for compliance. 16 If the qualified individual determines that there has been 17 a violation of the applicable restoration standards, the 18 commission shall provide oral notice, followed by written 19 notice, to the electric transmission owner and the contractor 20 operating for the electric transmission owner and order 21 corrective action to comply with the restoration standards. 22 The electric transmission owner shall be responsible for the 23 costs of the corrective action. 24 b. If the electric transmission owner or the contractor 25 for the electric transmission owner does not comply with a 26 valid order for corrective action issued by the commission, the 27 commission may issue an order requiring corrective action to be 28 taken and may impose civil penalties under section 478.29. 29 c. The commission shall instruct the inspector appointed by 30 the commission regarding the content of the statutes and rules 31 and the responsibility of the inspector to require restoration 32 conforming with the standards established in subsection 3. 33 5. a. A petitioner for a franchise for an electric 34 transmission line shall file with the petition a written land 35 -4- LSB 5425YC (3) 91 sb/js 4/ 9
H.F. _____ restoration plan that documents how the requirements and rules 1 of subsection 3 will be met. The petitioner shall provide a 2 copy of the plan to all landowners of property that will be 3 disturbed by the initial construction. 4 b. Nothing in this section shall preclude the application 5 of provisions for protecting or restoring property that are 6 different than those prescribed in subsection 3, in rules 7 adopted under subsection 3, or in the land restoration plan, 8 if the alternative provisions are contained in agreements 9 independently executed by the electric transmission owner and 10 the landowner. Independent agreements for land restoration 11 between the electric transmission owner and the landowner shall 12 be in writing and provided to the commission. 13 c. The commission may by waiver allow variations from the 14 requirements of subsection 3 if the electric transmission 15 owner requesting a waiver satisfies the standards set forth 16 in section 17A.9A and if the alternative methods proposed 17 by the electric transmission owner would restore the land 18 to a condition as good as or better than as provided for in 19 subsection 3. 20 d. The commission may waive preparation of a separate land 21 restoration plan if the electric transmission owner enters into 22 an agricultural impact mitigation plan or similar agreement 23 with the appropriate agencies of this state that satisfies 24 the requirements of subsection 3. If a mitigation plan or 25 agreement is used to fully or partially meet the requirements 26 of a land restoration plan, the statement or agreement shall 27 be filed with the commission and shall be considered to be, 28 or to be part of, the land restoration plan for purposes of 29 subsection 3. 30 6. Nothing in this section shall limit, expand, or otherwise 31 modify the rights of access and obligations for damages set 32 forth in section 478.17. 33 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate 34 importance, takes effect upon enactment. 35 -5- LSB 5425YC (3) 91 sb/js 5/ 9
H.F. _____ Sec. 4. RETROACTIVE APPLICABILITY. This Act applies 1 retroactively to transmission lines included in a federally 2 registered planning authority long-term transmission plan 3 approved on or after July 1, 2020. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 This bill relates to land restoration following the initial 8 construction of electric transmission lines. 9 The bill directs the commission to adopt rules to implement 10 the land restoration requirements after initial construction of 11 an electric transmission line as set forth in the bill. 12 The bill requires electric transmission owners to repair 13 drain tiles damaged during construction as soon as practicable 14 and to complete permanent repairs as soon as practicable after 15 initial construction. The permanent repairs must be of the 16 same quality, size, and flow capacity as the original drain 17 tile. 18 The bill requires electric transmission owners to remove all 19 nonnative rocks larger than three inches in diameter from the 20 easement area. The disposal of rock that cannot be used as 21 backfill must be done at a location and in a manner agreed to 22 between the electric transmission owner and the landowner. 23 The bill requires the electric transmission owner to 24 till agricultural land affected by construction, including 25 right-of-way access points or roads, after electric 26 transmission line construction activities are completed on the 27 affected property. The land must be tilled at least 18 inches 28 deep in land used for crop production and 12 inches deep in all 29 other land, unless otherwise agreed to by the landowner. 30 The bill requires the electric transmission owner to restore 31 soil conservation practices and structures damaged during 32 construction to their previous state, compact the soil used to 33 repair embankments intended to retain water, and reestablish 34 any vegetation disturbed during construction, including cover 35 -6- LSB 5425YC (3) 91 sb/js 6/ 9
H.F. _____ crops. 1 The bill requires the electric transmission owner to reseed 2 the agricultural land, excluding row crops and small grain 3 production, following compaction of the land. Seeding for 4 cover crops may be delayed if construction is completed too 5 late in the year, and is not required if the land will be tilled 6 the following year. When the season is not suitable for the 7 seeding of cover crops, the landowner may request ground cover 8 to prevent soil erosion. 9 The bill requires the electric transmission owner to 10 remove all field entrances and temporary roads used during 11 construction and to restore the areas to their previous state 12 following the completion of the initial construction. 13 The bill requires the electric transmission owner to use 14 good practices when constructing in wet conditions and to grade 15 and till any rutted land in order to restore the land to its 16 original condition to the extent practicable. Additionally, 17 the bill allows the landowner to repair damage caused by 18 construction in wet conditions. The electric transmission 19 owner shall then reimburse the landowner for reasonable costs 20 of repair. The bill requires an electric transmission owner 21 to utilize mudflats, mats, or other measures to minimize soil 22 disturbance when using heavy equipment in wetlands. 23 The bill requires the electric transmission owner to provide 24 contact information to all persons affected by the construction 25 of each transmission line. 26 The bill allows the commission to appoint an inspector to 27 determine compliance with restoration standards in the event 28 the electric transmission owner and the landowner dispute over 29 potential violations. The cost of the inspection shall be 30 paid by the electric transmission owner. If the inspector 31 determines there have been violations of the restoration 32 standards, the commission will provide oral and written notice 33 to the electric transmission owner. The commission will order 34 corrective actions be taken to comply with the standards. The 35 -7- LSB 5425YC (3) 91 sb/js 7/ 9
H.F. _____ costs of the corrective actions will be borne by the electric 1 transmission owner. 2 The bill allows the commission to issue an order requiring 3 corrective action and impose civil penalties if the electric 4 transmission owner or its contractor do not comply with the 5 required standards. 6 The bill requires the commission to instruct the inspectors 7 on the statutes, rules, and responsibilities regarding 8 restoration standards. 9 The bill requires petitioners for a franchise for electric 10 transmission construction to file a land restoration plan 11 outlining how the construction will conform to the required 12 standards. The restoration plan will also be provided to all 13 property owners affected by the construction. 14 The bill allows alternative provisions in independent 15 agreements with landowners regarding protecting or restoring 16 property as long as these provisions are in writing and are 17 provided to the commission. 18 The bill allows electric transmission owners to propose 19 alternate methods of land restoration to the commission. 20 The commission, by waiver, may allow variations to the land 21 restoration requirements if the proposed alternate methods 22 would restore the land to a condition as good or better than 23 those required by the bill. 24 The bill allows the commission to waive the preparation of 25 a separate land restoration plan, in whole or in part, if the 26 electric transmission owner satisfies the requirements through 27 similar agreement with other agencies in the state. The 28 relevant agreements must be filed with the commission. 29 The bill does not limit, expand, or otherwise modify the 30 rights of access and obligations for damages set forth in Code 31 section 478.17. 32 The bill takes effect upon enactment. 33 The bill applies retroactively to an electric transmission 34 line included in a federally registered planning authority 35 -8- LSB 5425YC (3) 91 sb/js 8/ 9
H.F. _____ long-term transmission plan approved on or after July 1, 2020. 1 -9- LSB 5425YC (3) 91 sb/js 9/ 9