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
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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
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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
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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
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5425YC
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_____
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
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LSB
5425YC
(3)
91
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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
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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
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long-term
transmission
plan
approved
on
or
after
July
1,
2020.
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