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House File 576 - IntroducedA Bill ForAn Act 1relating to the prohibition of specified carbon
2sequestration projects, and including effective date and
3applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 479B.2, Code 2023, is amended by adding
2the following new subsections:
3 NEW SUBSECTION. 1A. “Carbon sequestration” means the
4mechanical and artificial process by which gaseous carbon
5dioxide is intentionally removed from the atmosphere or
6an industrial source and stored or captured using advanced
7technology.
8 NEW SUBSECTION. 4A. “Sequestered carbon dioxide” means
9carbon dioxide that was processed through carbon sequestration
10methods.
11 Sec. 2. Section 479B.4, subsection 1, Code 2023, is amended
12to read as follows:
131. A pipeline company doing business in this state shall
14file a verified petition with the board asking for a permit to
15construct, maintain, and operate a new pipeline along, over,
16or across the public or private highways, grounds, waters,
17and streams of any kind in this state. Any pipeline company
18now owning or operating a pipeline or underground storage
19facility in this state shall be issued a permit by the board
20upon supplying the information as provided for in section
21479B.5, subsections 1 through 5, and meeting the requirements
22of section 479B.13 and this section.
23 Sec. 3. Section 479B.4, Code 2023, is amended by adding the
24following new subsection:
25 NEW SUBSECTION. 7. Notwithstanding any other provision
26of this chapter, an application for a permit to construct a
27pipeline for the transportation of sequestered carbon dioxide
28shall not be approved by the board.
29 Sec. 4. Section 479B.16, subsection 1, Code 2023, is amended
30to read as follows:
311. A pipeline company granted a pipeline permit shall,
32subject to subsection 4, be vested with the right of eminent
33domain, to the extent necessary and as prescribed and approved
34by the board, not exceeding seventy-five feet in width for
35right-of-way and not exceeding one acre in any one location in
-1-1addition to right-of-way for the location of pumps, pressure
2apparatus, or other stations or equipment necessary to
3the proper operation of its pipeline. The board may grant
4additional eminent domain rights where the pipeline company
5has presented sufficient evidence to adequately demonstrate
6that a greater area is required for the proper construction,
7operation, and maintenance of the pipeline or for the location
8of pumps, pressure apparatus, or other stations or equipment
9necessary to the proper operation of its pipeline.
10 Sec. 5. Section 479B.16, Code 2023, is amended by adding the
11following new subsection:
12 NEW SUBSECTION. 4. The board shall not grant the right of
13eminent domain to a pipeline company for the construction of
14a carbon sequestration pipeline. A pipeline company having
15acquired real property that was obtained for purposes relating
16to carbon sequestration projects pursuant to section 479B.16
17shall return the real property to the prior owner and pay
18the prior owner an amount determined to be just compensation
19for the value of any interference as a result of pipeline or
20storage construction. A company having acquired real property
21by easement or other written agreement for purposes relating
22to carbon sequestration projects shall terminate the easement
23or agreement and file an affidavit with the county recorder
24unencumbering the easement. The company shall pay the prior
25owner an amount determined to be just compensation for the
26value of any interference as a result of pipeline or storage
27construction.
28 Sec. 6. EFFECTIVE DATE. This Act, being deemed of immediate
29importance, takes effect upon enactment.
30 Sec. 7. APPLICABILITY. This Act applies to applications
31for a permit to construct a pipeline to transport sequestered
32carbon dioxide submitted but not yet approved prior to the
33effective date of this Act, and to applications for a permit to
34construct a pipeline to transport sequestered carbon dioxide
35submitted on or after the effective date of this Act.
-2-1EXPLANATION
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
4This bill relates to the prohibition of specified carbon
5sequestration projects.
6The bill defines “carbon sequestration” and “sequestered
7carbon dioxide”. “Carbon sequestration” means the process by
8which gaseous carbon dioxide is removed from the atmosphere
9or an industrial source and stored or captured using advanced
10technology. The bill defines “sequestered carbon dioxide” to
11mean carbon dioxide processed through carbon sequestration
12methods.
13The bill prohibits the Iowa utilities board from
14granting a construction permit to a pipeline project for the
15transportation of sequestered carbon dioxide.
16The bill also prohibits the Iowa utilities board from
17granting the right of eminent domain to a pipeline company for
18the construction of a carbon sequestration pipeline.
19The bill provides that where a pipeline company acquired
20real property for the purpose of constructing a carbon
21sequestration pipeline through the right of eminent domain or
22through an easement, the pipeline company shall return the real
23property to the prior owner and compensate the prior owner
24for any interference with the property resulting from carbon
25sequestration projects. Where a pipeline company secured an
26easement, the company shall terminate the easement by filing an
27affidavit with the county recorder’s office.
28The bill takes effect upon enactment. The bill applies to
29applications for a permit to construct a pipeline to transport
30sequestered carbon dioxide submitted but not yet approved prior
31to the effective date of the bill, and to applications for a
32permit to construct a pipeline to transport sequestered carbon
33dioxide submitted on or after the effective date of the bill.
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2sequestration projects, and including effective date and
3applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 479B.2, Code 2023, is amended by adding
2the following new subsections:
3 NEW SUBSECTION. 1A. “Carbon sequestration” means the
4mechanical and artificial process by which gaseous carbon
5dioxide is intentionally removed from the atmosphere or
6an industrial source and stored or captured using advanced
7technology.
8 NEW SUBSECTION. 4A. “Sequestered carbon dioxide” means
9carbon dioxide that was processed through carbon sequestration
10methods.
11 Sec. 2. Section 479B.4, subsection 1, Code 2023, is amended
12to read as follows:
131. A pipeline company doing business in this state shall
14file a verified petition with the board asking for a permit to
15construct, maintain, and operate a new pipeline along, over,
16or across the public or private highways, grounds, waters,
17and streams of any kind in this state. Any pipeline company
18now owning or operating a pipeline or underground storage
19facility in this state shall be issued a permit by the board
20upon supplying the information as provided for in section
21479B.5, subsections 1 through 5, and meeting the requirements
22of section 479B.13 and this section.
23 Sec. 3. Section 479B.4, Code 2023, is amended by adding the
24following new subsection:
25 NEW SUBSECTION. 7. Notwithstanding any other provision
26of this chapter, an application for a permit to construct a
27pipeline for the transportation of sequestered carbon dioxide
28shall not be approved by the board.
29 Sec. 4. Section 479B.16, subsection 1, Code 2023, is amended
30to read as follows:
311. A pipeline company granted a pipeline permit shall,
32subject to subsection 4, be vested with the right of eminent
33domain, to the extent necessary and as prescribed and approved
34by the board, not exceeding seventy-five feet in width for
35right-of-way and not exceeding one acre in any one location in
-1-1addition to right-of-way for the location of pumps, pressure
2apparatus, or other stations or equipment necessary to
3the proper operation of its pipeline. The board may grant
4additional eminent domain rights where the pipeline company
5has presented sufficient evidence to adequately demonstrate
6that a greater area is required for the proper construction,
7operation, and maintenance of the pipeline or for the location
8of pumps, pressure apparatus, or other stations or equipment
9necessary to the proper operation of its pipeline.
10 Sec. 5. Section 479B.16, Code 2023, is amended by adding the
11following new subsection:
12 NEW SUBSECTION. 4. The board shall not grant the right of
13eminent domain to a pipeline company for the construction of
14a carbon sequestration pipeline. A pipeline company having
15acquired real property that was obtained for purposes relating
16to carbon sequestration projects pursuant to section 479B.16
17shall return the real property to the prior owner and pay
18the prior owner an amount determined to be just compensation
19for the value of any interference as a result of pipeline or
20storage construction. A company having acquired real property
21by easement or other written agreement for purposes relating
22to carbon sequestration projects shall terminate the easement
23or agreement and file an affidavit with the county recorder
24unencumbering the easement. The company shall pay the prior
25owner an amount determined to be just compensation for the
26value of any interference as a result of pipeline or storage
27construction.
28 Sec. 6. EFFECTIVE DATE. This Act, being deemed of immediate
29importance, takes effect upon enactment.
30 Sec. 7. APPLICABILITY. This Act applies to applications
31for a permit to construct a pipeline to transport sequestered
32carbon dioxide submitted but not yet approved prior to the
33effective date of this Act, and to applications for a permit to
34construct a pipeline to transport sequestered carbon dioxide
35submitted on or after the effective date of this Act.
-2-1EXPLANATION
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
4This bill relates to the prohibition of specified carbon
5sequestration projects.
6The bill defines “carbon sequestration” and “sequestered
7carbon dioxide”. “Carbon sequestration” means the process by
8which gaseous carbon dioxide is removed from the atmosphere
9or an industrial source and stored or captured using advanced
10technology. The bill defines “sequestered carbon dioxide” to
11mean carbon dioxide processed through carbon sequestration
12methods.
13The bill prohibits the Iowa utilities board from
14granting a construction permit to a pipeline project for the
15transportation of sequestered carbon dioxide.
16The bill also prohibits the Iowa utilities board from
17granting the right of eminent domain to a pipeline company for
18the construction of a carbon sequestration pipeline.
19The bill provides that where a pipeline company acquired
20real property for the purpose of constructing a carbon
21sequestration pipeline through the right of eminent domain or
22through an easement, the pipeline company shall return the real
23property to the prior owner and compensate the prior owner
24for any interference with the property resulting from carbon
25sequestration projects. Where a pipeline company secured an
26easement, the company shall terminate the easement by filing an
27affidavit with the county recorder’s office.
28The bill takes effect upon enactment. The bill applies to
29applications for a permit to construct a pipeline to transport
30sequestered carbon dioxide submitted but not yet approved prior
31to the effective date of the bill, and to applications for a
32permit to construct a pipeline to transport sequestered carbon
33dioxide submitted on or after the effective date of the bill.
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