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Senate File 103 - IntroducedA Bill ForAn Act 1relating to liquid hazardous pipeline voluntary easement
2negotiation requirements and including effective date
3provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 479B.16, subsection 1, Code 2023, is
2amended to read as follows:
31. A pipeline company granted a pipeline permit shall
4be vested with the right of eminent domain, to the extent
5necessary and as prescribed and approved by the board, not
6exceeding seventy-five feet in width for right-of-way and
7not exceeding one acre in any one location in addition to
8right-of-way for the location of pumps, pressure apparatus,
9or other stations or equipment necessary to the proper
10operation of its pipeline. The board may grant additional
11eminent domain rights where the pipeline company has presented
12sufficient evidence to adequately demonstrate that a greater
13area is required for the proper construction, operation, and
14maintenance of the pipeline or for the location of pumps,
15pressure apparatus, or other stations or equipment necessary
16to the proper operation of its pipeline. A pipeline company
17seeking rights under this section is subject to requirements
18of section 479B.34.
19 Sec. 2. NEW SECTION. 479B.34 Voluntary easement negotiation
20requirements.
211. A pipeline company intending to apply for a permit under
22section 479B.4 and seeking a voluntary easement agreement from
23a landowner shall not engage in easement negotiation unless
24prior signed, witnessed, and notarized written permission is
25granted from each affected landowner.
262. If consent pursuant to subsection 1 is granted,
27contact between the company or its land agents and affected
28landowners shall not exceed two written, verbal, or electronic
29communications per month unless signed, witnessed, and
30notarized written permission to exceed two communications from
31each affected landowner is granted.
323. A violation of this section shall be reported to the
33board. The board shall set a public hearing for each violation
34or set of violations alleged by affected landowners.
354. Upon a finding of a violation of this section, the board
-1-1shall order a one thousand dollar fine per violation. The fine
2shall be remitted to the affected landowner.
35. An affected landowner shall have a cause of action
4against a pipeline company in violation of this section.
5 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate
6importance, takes effect upon enactment.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10This bill relates to liquid hazardous pipeline voluntary
11easement negotiation requirements.
12The bill requires a pipeline company (company) applying for
13a permit and negotiating a voluntary easement to first acquire
14signed, witnessed, and notarized written permission from an
15affected landowner. Upon consent being granted, a company or
16company’s agents shall not exceed two communications per month
17with a landowner unless the landowner waives the restriction
18through written permission. Violations of the bill shall be
19reported to the Iowa utilities board (board) which shall set a
20public hearing. If the board finds a violation has occurred,
21the board shall fine the company $1,000 per violation and
22collect and deliver the amount to the affected landowner.
23The bill provides an affected landowner a cause of action
24against a company in violation of the provisions of the bill.
25The bill takes effect upon enactment.
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2negotiation requirements and including effective date
3provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 479B.16, subsection 1, Code 2023, is
2amended to read as follows:
31. A pipeline company granted a pipeline permit shall
4be vested with the right of eminent domain, to the extent
5necessary and as prescribed and approved by the board, not
6exceeding seventy-five feet in width for right-of-way and
7not exceeding one acre in any one location in addition to
8right-of-way for the location of pumps, pressure apparatus,
9or other stations or equipment necessary to the proper
10operation of its pipeline. The board may grant additional
11eminent domain rights where the pipeline company has presented
12sufficient evidence to adequately demonstrate that a greater
13area is required for the proper construction, operation, and
14maintenance of the pipeline or for the location of pumps,
15pressure apparatus, or other stations or equipment necessary
16to the proper operation of its pipeline. A pipeline company
17seeking rights under this section is subject to requirements
18of section 479B.34.
19 Sec. 2. NEW SECTION. 479B.34 Voluntary easement negotiation
20requirements.
211. A pipeline company intending to apply for a permit under
22section 479B.4 and seeking a voluntary easement agreement from
23a landowner shall not engage in easement negotiation unless
24prior signed, witnessed, and notarized written permission is
25granted from each affected landowner.
262. If consent pursuant to subsection 1 is granted,
27contact between the company or its land agents and affected
28landowners shall not exceed two written, verbal, or electronic
29communications per month unless signed, witnessed, and
30notarized written permission to exceed two communications from
31each affected landowner is granted.
323. A violation of this section shall be reported to the
33board. The board shall set a public hearing for each violation
34or set of violations alleged by affected landowners.
354. Upon a finding of a violation of this section, the board
-1-1shall order a one thousand dollar fine per violation. The fine
2shall be remitted to the affected landowner.
35. An affected landowner shall have a cause of action
4against a pipeline company in violation of this section.
5 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate
6importance, takes effect upon enactment.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10This bill relates to liquid hazardous pipeline voluntary
11easement negotiation requirements.
12The bill requires a pipeline company (company) applying for
13a permit and negotiating a voluntary easement to first acquire
14signed, witnessed, and notarized written permission from an
15affected landowner. Upon consent being granted, a company or
16company’s agents shall not exceed two communications per month
17with a landowner unless the landowner waives the restriction
18through written permission. Violations of the bill shall be
19reported to the Iowa utilities board (board) which shall set a
20public hearing. If the board finds a violation has occurred,
21the board shall fine the company $1,000 per violation and
22collect and deliver the amount to the affected landowner.
23The bill provides an affected landowner a cause of action
24against a company in violation of the provisions of the bill.
25The bill takes effect upon enactment.
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