House Study Bill 691 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON YOUNG) A BILL FOR An Act relating to pipeline projects, including damage 1 claims and landowner rights, and including effective date 2 provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6625YC (5) 91 sb/js
H.F. _____ Section 1. Section 479.25, Code 2026, is amended to read as 1 follows: 2 479.25 Damages. 3 1. A pipeline company operating a pipeline or a gas 4 storage area shall have reasonable access to the pipeline or 5 gas storage area for the purpose of constructing, operating, 6 maintaining, or locating pipes, pumps, pressure apparatus or 7 other stations, wells, devices, or equipment used in or upon 8 the pipeline or gas storage area; shall pay the owner of the 9 land for the right of entry and the owner of crops for all 10 damages caused by entering, using, or occupying the land; and 11 shall pay to the owner all damages caused by the completion 12 of construction of the pipeline due to wash or erosion of the 13 soil at or along the location of the pipeline and due to the 14 settling of the soil along and above the pipeline. However, 15 this section shall not prevent the execution of an agreement 16 between the pipeline company and the owner of land or crops 17 with reference to the use of the land. 18 2. A claim for damages pursuant to this section shall not be 19 precluded from renegotiation under section 6B.52 on the grounds 20 that the damages were apparent at the time of settlement or on 21 the grounds that more than five years have elapsed since the 22 date of the settlement. 23 3. An owner of the land or the owner of the crops that 24 incurred damage under this section is eligible for compensation 25 for damages. An owner of the land or the owner of the crops may 26 file an action for relief against a pipeline company in small 27 claims or district court for a violation of this section or 28 pursue remedies under section 479.45 or 479.46. 29 Sec. 2. Section 479.29, subsection 5, Code 2026, is amended 30 to read as follows: 31 5. If the pipeline company or its contractor does not 32 comply with the requirements of this section , with the land 33 restoration plan, or with an independent agreement on land 34 restoration or line location executed in accordance with 35 -1- LSB 6625YC (5) 91 sb/js 1/ 7
H.F. _____ subsection 10 , the county board of supervisors or an affected 1 landowner may petition the commission for an order requiring 2 corrective action to be taken. In addition, the county 3 board of supervisors or the landowner may file a complaint 4 with the commission seeking imposition of civil penalties 5 pursuant to section 479.31 . The landowner may supply a copy 6 of the complaint to the county board of supervisors where the 7 complaint originated. 8 Sec. 3. Section 479.45, Code 2026, is amended to read as 9 follows: 10 479.45 Particular damage claims. 11 1. Compensable losses shall include , but are not limited to , 12 all of the following: 13 a. Loss or reduced yield of crops or forage on the pipeline 14 right-of-way, whether caused directly by construction or from 15 disturbance of usual farm operations. 16 b. Loss or reduced yield of crops or yield from land near 17 the pipeline right-of-way resulting from lack of timely access 18 to the land or other disturbance of usual farm operations, 19 including interference with irrigation or drainage . 20 c. Fertilizer, lime, or organic material applied by the 21 landowner to restore land disturbed by construction to full 22 productivity. 23 d. Loss of or damage to trees of commercial or other value 24 that occurs at the time of construction, restoration, or at the 25 time of any subsequent work by the pipeline company. 26 e. The cost of or losses in moving or relocating livestock, 27 and the loss of gain by or the death or injury of livestock 28 caused by the interruption or relocation of normal feeding. 29 f. Erosion and soil compaction on lands attributable to 30 pipeline construction. 31 g. Damage to farm equipment caused by striking a pipeline, 32 debris, or other material reasonably associated with pipeline 33 construction while engaged in normal farming operations as 34 defined in section 480.1 . 35 -2- LSB 6625YC (5) 91 sb/js 2/ 7
H.F. _____ h. Damage to soil or water conservation structures caused 1 by construction, restoration, or subsequent work by the 2 pipeline company including but not limited to terraces, grassed 3 waterways, water and sediment control basins, ponds, saturated 4 buffers, and biofilters. 5 i. Damage to irrigation or drainage systems caused by 6 construction, restoration, or subsequent work by the pipeline 7 company. 8 2. A claim for damage for future crop deficiency within 9 the easement strip damages incurred under this section shall 10 not be precluded from renegotiation under section 6B.52 on the 11 grounds that it was apparent at the time of settlement unless 12 the settlement expressly releases the pipeline company from 13 claims for damage to the productivity of the soil or on the 14 grounds that more than five years have elapsed since the date 15 of the settlement . The landowner shall notify the company in 16 writing fourteen days prior to harvest in each year to assess 17 crop deficiency or by providing global positioning system yield 18 monitoring data or similar assessment data demonstrating crop 19 deficiency to the company . 20 3. A landowner that incurred damage under this section is 21 eligible for compensation for damages. The landowner may file 22 an action for relief against a pipeline company in small claims 23 or district court for a violation of this section or pursue 24 remedies under section 479B.30. 25 4. For the purposes of this section, “landowner” also 26 includes a farm tenant. 27 Sec. 4. Section 479A.11, Code 2026, is amended to read as 28 follows: 29 479A.11 Damages. 30 1. A pipeline company operating pipelines or underground 31 storage shall be given reasonable access to the pipelines and 32 storage areas for the purpose of constructing, operating, 33 maintaining, or locating their its pipes, pumps, pressure 34 apparatus, or other stations, wells, devices, or equipment used 35 -3- LSB 6625YC (5) 91 sb/js 3/ 7
H.F. _____ in or upon a pipeline or storage area, but shall pay the owner 1 of the lands for the right of entry and the owner of crops on 2 the land all damages caused by entering, using, or occupying 3 the lands for these purposes; and shall pay to the owner of the 4 lands, after the completion of construction of the pipeline or 5 storage, all damages caused by settling of the soil along and 6 above the pipeline, and wash or erosion of the soil along the 7 pipeline due to the construction of the pipeline. However, 8 this section does not prevent the execution of an agreement 9 with other terms between the pipeline company and the owner of 10 the land or crops with reference to their use. 11 2. A claim for damages pursuant to this section shall not be 12 precluded from renegotiation under section 6B.52 on the grounds 13 that the damages were apparent at the time of settlement or on 14 the grounds that more than five years have elapsed since the 15 date of the settlement. 16 3. An owner of the land or an owner of the crops that 17 incurred damage under this section is eligible for compensation 18 for damages. An owner of the land or an owner of the crops may 19 file an action for relief against a pipeline company in small 20 claims or district court for a violation of this section. 21 Sec. 5. Section 479B.20, subsection 5, Code 2026, is amended 22 to read as follows: 23 5. If the pipeline company or its contractor does not 24 comply with the requirements of this section , with the land 25 restoration plan or line location, or with an independent 26 agreement on land restoration executed in accordance with 27 subsection 10 , the county board of supervisors or an affected 28 landowner may petition the commission for an order requiring 29 corrective action to be taken. In addition, the county board 30 of supervisors or the landowner may file a complaint with the 31 commission seeking imposition of civil penalties under section 32 479B.21 . The landowner may supply a copy of the complaint to 33 the county board of supervisors where the complaint originated. 34 Sec. 6. Section 479B.20, Code 2026, is amended by adding the 35 -4- LSB 6625YC (5) 91 sb/js 4/ 7
H.F. _____ following new subsection: 1 NEW SUBSECTION . 13. For purposes of this section, 2 “landowner” also includes a farm tenant. 3 Sec. 7. Section 479B.29, Code 2026, is amended to read as 4 follows: 5 479B.29 Particular damage claims. 6 1. Compensable losses shall include , but are not limited to , 7 all of the following: 8 a. Loss or reduced yield of crops or forage on the pipeline 9 right-of-way, whether caused directly by construction or from 10 disturbance of usual farm operations. 11 b. Loss or reduced yield of crops or yield from land near 12 the pipeline right-of-way resulting from lack of timely access 13 to the land or other disturbance of usual farm operations, 14 including interference with irrigation or drainage . 15 c. Fertilizer, lime, or organic material applied by the 16 landowner to restore land disturbed by construction to full 17 productivity. 18 d. Loss of or damage to trees of commercial or other value 19 that occurs at the time of construction, restoration, or at the 20 time of any subsequent work by the pipeline company. 21 e. The cost of or losses in moving or relocating livestock, 22 and the loss of gain by or the death or injury of livestock 23 caused by the interruption or relocation of normal feeding. 24 f. Erosion and soil compaction on lands attributable to 25 pipeline construction. 26 g. Damage to farm equipment caused by striking a pipeline, 27 debris, or other material reasonably associated with pipeline 28 construction while engaged in normal farming operations as 29 defined in section 480.1 . 30 h. Damage to soil or water conservation structures caused 31 by construction, restoration, or subsequent work by the 32 pipeline company including but not limited to terraces, grassed 33 waterways, water and sediment control basins, ponds, saturated 34 buffers, and biofilters. 35 -5- LSB 6625YC (5) 91 sb/js 5/ 7
H.F. _____ i. Damage to irrigation or drainage systems caused by 1 construction, restoration, or subsequent work by the pipeline 2 company. 3 2. A claim for damage for future crop deficiency within the 4 easement strip damages incurred under this section shall not be 5 precluded from renegotiation under section 6B.52 on the grounds 6 that it was apparent at the time of settlement unless the 7 settlement expressly releases the pipeline company from claims 8 for damage to the productivity of the soil or on the grounds 9 that more than five years have elapsed since the date of the 10 settlement . The landowner shall notify the pipeline company in 11 writing fourteen days prior to harvest in each year to assess 12 crop deficiency or by providing global positioning system yield 13 monitoring data or similar assessment data demonstrating crop 14 deficiency to the company . 15 3. A landowner that incurred damage under this section is 16 eligible for compensation for damages. The landowner may file 17 an action for relief against a pipeline company in small claims 18 or district court for a violation of this section or pursue 19 remedies under section 479B.30. 20 4. For the purposes of this section, “landowner” also 21 includes a farm tenant. 22 Sec. 8. EFFECTIVE DATE. This Act, being deemed of immediate 23 importance, takes effect upon enactment. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 This bill relates to pipeline projects, including damage 28 claims and landowner rights. 29 Under current law, landowners and crop owners who incur 30 damages from the construction, reconstruction, maintenance, 31 or operation of pipelines are eligible for compensation. The 32 bill provides that claims for damages are not precluded from 33 renegotiation under Code section 6B.52 solely because the 34 damages were apparent at the time of settlement or because 35 -6- LSB 6625YC (5) 91 sb/js 6/ 7
H.F. _____ more than five years have elapsed since settlement. The bill 1 further authorizes a landowner or crop owner to file an action 2 for relief against a pipeline company in small claims or 3 district court for violations of the damage payment provisions, 4 in addition to existing remedies. 5 The bill authorizes landowners, in addition to county 6 boards of supervisors, to petition the utilities commission 7 for corrective action and to file complaints seeking civil 8 penalties for violations of land restoration requirements. 9 The bill expands the list of compensable losses resulting 10 from pipeline construction, operation, restoration, or 11 subsequent work to include loss or reduced yield as a result 12 of drainage, soil compaction, damage to soil and water 13 conservation structures, and damage to irrigation systems and 14 allows for global positioning system yield monitoring data or 15 similar assessment data to be used for demonstrating any crop 16 deficiency. 17 The bill amends a provision related to interstate natural 18 gas pipelines to make conforming changes for damage claims and 19 available relief actions. 20 The bill amends provisions related to hazardous liquid 21 pipelines and underground storage facilities, including related 22 to damage claims, available relief actions, petitions for 23 corrective action, and compensable losses. 24 The bill takes effect upon enactment. 25 -7- LSB 6625YC (5) 91 sb/js 7/ 7