Senate File 2058 - Introduced SENATE FILE 2058 BY TAYLOR A BILL FOR An Act relating to pipeline project investor disclosures, 1 making penalties applicable, and providing effective date 2 and retroactive applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5510XS (3) 91 sb/js
S.F. 2058 Section 1. Section 479B.4, subsection 1, Code 2026, is 1 amended to read as follows: 2 1. A pipeline company doing business in this state shall 3 file a verified petition with the commission asking for a 4 permit to construct, maintain, and operate a new pipeline 5 along, over, or across the public or private highways, grounds, 6 waters, and streams of any kind in this state. Any pipeline 7 company now owning or operating a pipeline or underground 8 storage facility in this state shall be issued a permit by the 9 commission upon supplying the information as provided for in 10 section 479B.5, subsections 1 through 5 , section 479B.34, and 11 meeting the requirements of section 479B.13 . 12 Sec. 2. NEW SECTION . 479B.34 Investor disclosures seeking 13 the right of eminent domain. 14 1. For purposes of this section, “investor” means a natural 15 person who owns a beneficial interest of greater than one 16 dollar in a planned pipeline project, either directly or 17 through a business association, as defined in section 202B.102. 18 2. A pipeline company seeking the right of eminent domain 19 for a pipeline project shall include in its permit application 20 all of the following: 21 a. The names of all planned pipeline project investors. 22 b. The home addresses of all planned pipeline project 23 investors. 24 c. Each investor’s range of planned monetary investment as 25 follows: 26 (1) At least one dollar, but less than ten thousand dollars. 27 (2) At least ten thousand dollars, but less than fifty 28 thousand dollars. 29 (3) At least fifty thousand dollars, but less than one 30 hundred thousand dollars. 31 (4) At least one hundred thousand dollars, but less than 32 five hundred thousand dollars. 33 (5) At least five hundred thousand dollars, but less than 34 one million dollars. 35 -1- LSB 5510XS (3) 91 sb/js 1/ 3
S.F. 2058 (6) Over one million dollars. 1 3. A pipeline company that fails to accurately and fully 2 comply with the disclosures required by this section shall be 3 assessed a civil penalty of not less than one million dollars 4 by the commission, and each resident of the state of Iowa shall 5 have a cause of action against the pipeline company and the 6 commission for all damages incurred by the resident caused by 7 the violation. 8 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate 9 importance, takes effect upon enactment. 10 Sec. 4. APPLICABILITY. This Act applies retroactively to 11 an application to construct a pipeline submitted on or after 12 July 1, 2019. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill relates to pipeline project investor disclosures. 17 The bill defines “investor” as a natural person who owns a 18 beneficial interest of greater than $1 in a planned pipeline 19 project, either directly or through a business association. 20 The bill provides that a pipeline company seeking eminent 21 domain rights shall include investor information in the 22 application for a permit submitted to the utilities board. The 23 permit application shall include the names and home addresses 24 of all planned pipeline investors and the range of planned 25 investment per investor as indicated in a range from $l to 26 $9,999.99, $10,000 to $49,999.99, $50,000 to $99,999.99, 27 $100,000 to $499,999.99, $500,000 to $999,999.99, or $1 million 28 or over. 29 The bill provides that if a pipeline company fails to 30 accurately and fully comply with the disclosures required, 31 the commission shall assess a civil penalty of not less than 32 $1 million. Additionally, the bill creates a cause of action 33 for residents of the state if a violation occurs for all 34 damages incurred by the resident due to the violation. 35 -2- LSB 5510XS (3) 91 sb/js 2/ 3
S.F. 2058 The bill takes effect upon enactment. The bill applies 1 retroactively to applications submitted by pipeline companies 2 seeking the right of eminent domain on or after July 1, 2019. 3 -3- LSB 5510XS (3) 91 sb/js 3/ 3