Senate File 2427 - Introduced SENATE FILE 2427 BY COMMITTEE ON AGRICULTURE (SUCCESSOR TO SSB 3133) 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 6867SV (1) 91 da/js

S.F. 2427 Section 1. NEW SECTION . 673B.1 Definitions. 1 As used in this chapter, unless the context otherwise 2 requires: 3 1. “Agricultural source” means a location where an 4 agricultural commodity, including a farm animal or farm crop as 5 defined in section 673A.3, is produced, stored, or processed. 6 2. “Greenhouse gas” means a gas derived from human activity 7 or a natural source that is any of the following: 8 a. Originating from any of the following: 9 (1) An agricultural source. 10 (2) A renewable fuel source. 11 b. Any of the following gases: 12 (1) Carbon dioxide. 13 (2) Hydrofluorocarbons. 14 (3) Methane. 15 (4) Nitrogen trifluoride. 16 (5) Nitrous oxide. 17 (6) Sulfur hexafluoride. 18 (7) Perfluorocarbons. 19 3. “Regulatory authority” means the department of natural 20 resources or a federal agency regulating greenhouse gas 21 emissions, including the United States environmental protection 22 agency. 23 4. “Renewable fuel source” means a location where renewable 24 fuel, as defined in section 214A.1, is manufactured, stored, 25 or dispensed. 26 Sec. 2. NEW SECTION . 673B.2 Action based on climate —— 27 limitation on liability. 28 1. Subject to section 673B.3, in any civil or criminal 29 action, a defendant is not liable, and is not subject to 30 any judicial remedy, under any principle of law or equity, 31 for damages or injury from any alleged actual or potential 32 effect on climate caused wholly or partly by a greenhouse gas 33 emission. 34 2. Subsection 1 applies regardless of the civil or criminal 35 -1- LSB 6867SV (1) 91 da/js 1/ 3

S.F. 2427 action brought or type of relief sought, whether legal or 1 equitable. 2 3. A person bringing a civil or criminal action that alleges 3 damages or injury as described in subsection 1 must do all of 4 the following: 5 a. Specify each greenhouse gas emitted by the defendant that 6 as asserted gives rise to the civil or criminal action. 7 b. Show by clear and convincing evidence that unavoidable 8 and identifiable damage or injury has resulted or will 9 result as a direct cause of the defendant’s violation of an 10 enforceable statutory limitation or restriction or a valid, 11 enforceable operating, air, or other permit issued to the 12 defendant by a regulatory authority. 13 Sec. 3. NEW SECTION . 673B.3 Action based on climate —— 14 applicability. 15 Section 673B.2 applies unless the district court in the 16 civil or criminal case finds by clear and convincing evidence 17 that the defendant has violated any of the following: 18 1. An enforceable statutory limitation or restriction 19 governing the emission of a specific greenhouse gas originating 20 within this state. 21 2. An express term of a valid, enforceable operating, 22 air, or other permit issued to the defendant by a regulatory 23 authority that has jurisdiction over the defendant’s greenhouse 24 gas emissions. 25 Sec. 4. NEW SECTION . 673B.4 Statutory construction. 26 This chapter shall not be construed to create either a right 27 to bring any civil or criminal action, or a judicial remedy, 28 under any principle of law or equity, based on the potential 29 effect on climate caused wholly or partly by a greenhouse gas 30 emission. 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 This bill limits civil or criminal liability arising from 35 -2- LSB 6867SV (1) 91 da/js 2/ 3

S.F. 2427 any alleged actual or potential effect on climate caused wholly 1 or partly by a greenhouse gas emission attributable to a 2 defendant. A greenhouse gas includes a gas originating from an 3 agricultural or renewable fuel source, or a number of specific 4 gases, including carbon dioxide, hydrofluorocarbons, methane, 5 nitrogen trifluoride, nitrous oxide, sulfur hexafluoride, or 6 a perfluorocarbon. In a civil or criminal action, a district 7 court must find by clear and convincing evidence that the 8 defendant violated: (1) an enforceable statutory limitation 9 or restriction governing the emission of a specific greenhouse 10 gas originating in the state, or (2) an express term of 11 an operating, air, or other permit issued to the defendant 12 by the department of natural resources or a federal agency 13 (e.g., United States environmental protection agency). The 14 bill provides that its provisions are not to be construed as 15 creating a right to bring a civil or criminal action or a 16 judicial remedy. 17 -3- LSB 6867SV (1) 91 da/js 3/ 3