SF 2427 (LSB 6867SV (1) 91)

SENATE FILE 2427

BY  COMMITTEE ON AGRICULTURE

(SUCCESSOR TO SSB 3133)

A BILL FOR

An Act providing a limitation on civil or criminal liability for any alleged actual or potential effect on climate caused wholly or partly by a greenhouse gas emission.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  673B.1  Definitions.
   As used in this chapter, unless the context otherwise requires:
   1.  “Agricultural source” means a location where an agricultural commodity, including a farm animal or farm crop as defined in section 673A.3, is produced, stored, or processed.
   2.  “Greenhouse gas” means a gas derived from human activity or a natural source that is any of the following:
   a.  Originating from any of the following:
   (1)  An agricultural source.
   (2)  A renewable fuel source.
   b.  Any of the following gases:
   (1)  Carbon dioxide.
   (2)  Hydrofluorocarbons.
   (3)  Methane.
   (4)  Nitrogen trifluoride.
   (5)  Nitrous oxide.
   (6)  Sulfur hexafluoride.
   (7)  Perfluorocarbons.
   3.  “Regulatory authority” means the department of natural resources or a federal agency regulating greenhouse gas emissions, including the United States environmental protection agency.
   4.  “Renewable fuel source” means a location where renewable fuel, as defined in section 214A.1, is manufactured, stored, or dispensed. 
    Sec. 2.  NEW SECTION.  673B.2  Action based on climate —— limitation on liability.
   1.  Subject to section 673B.3, in any civil or criminal action, a defendant is not liable, and is not subject to any judicial remedy, under any principle of law or equity, for damages or injury from any alleged actual or potential effect on climate caused wholly or partly by a greenhouse gas emission.
   2.  Subsection 1 applies regardless of the civil or criminal action brought or type of relief sought, whether legal or equitable.
   3.  A person bringing a civil or criminal action that alleges damages or injury as described in subsection 1 must do all of the following:
   a.  Specify each greenhouse gas emitted by the defendant that as asserted gives rise to the civil or criminal action.
   b.  Show by clear and convincing evidence that unavoidable and identifiable damage or injury has resulted or will result as a direct cause of the defendant’s violation of an enforceable statutory limitation or restriction or a valid, enforceable operating, air, or other permit issued to the defendant by a regulatory authority.
    Sec. 3.  NEW SECTION.  673B.3  Action based on climate —— applicability.
   Section 673B.2 applies unless the district court in the civil or criminal case finds by clear and convincing evidence that the defendant has violated any of the following:
   1.  An enforceable statutory limitation or restriction governing the emission of a specific greenhouse gas originating within this state.
   2.  An express term of a valid, enforceable operating, air, or other permit issued to the defendant by a regulatory authority that has jurisdiction over the defendant’s greenhouse gas emissions.
    Sec. 4.  NEW SECTION.  673B.4  Statutory construction.
   This chapter shall not be construed to create either a right to bring any civil or criminal action, or a judicial remedy, under any principle of law or equity, based on the potential effect on climate caused wholly or partly by a greenhouse gas emission.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill limits civil or criminal liability arising from any alleged actual or potential effect on climate caused wholly or partly by a greenhouse gas emission attributable to a defendant. A greenhouse gas includes a gas originating from an agricultural or renewable fuel source, or a number of specific gases, including carbon dioxide, hydrofluorocarbons, methane, nitrogen trifluoride, nitrous oxide, sulfur hexafluoride, or a perfluorocarbon. In a civil or criminal action, a district court must find by clear and convincing evidence that the defendant violated: (1) an enforceable statutory limitation or restriction governing the emission of a specific greenhouse gas originating in the state, or (2) an express term of an operating, air, or other permit issued to the defendant by the department of natural resources or a federal agency (e.g., United States environmental protection agency). The bill provides that its provisions are not to be construed as creating a right to bring a civil or criminal action or a judicial remedy.