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House File 565 - ReprintedA Bill ForAn Act 1relating to specified utility construction project
2requirements, establishing an interim study committee, and
3including effective date and applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2Pipeline projects
3 Section 1. Section 479.25, Code 2023, is amended to read as
4follows:
5479.25 Damages.
61. A pipeline company operating a pipeline or a gas
7storage area shall have reasonable access to the pipeline or
8gas storage area for the purpose of constructing, operating,
9maintaining, or locating pipes, pumps, pressure apparatus or
10other stations, wells, devices, or equipment used in or upon
11the pipeline or gas storage area; shall pay the owner of the
12land for the right of entry and the owner of crops for all
13damages caused by entering, using, or occupying the land; and
14shall pay to the owner all damages caused by the completion
15of construction of the pipeline due to wash or erosion of the
16soil at or along the location of the pipeline and due to the
17settling of the soil along and above the pipeline. However,
18this section shall not prevent the execution of an agreement
19between the pipeline company and the owner of land or crops
20with reference to the use of the land.
212. A claim for crop yield loss damages pursuant to this
22section shall not be precluded from renegotiation under section
236B.52 on the grounds that the damages were apparent at the time
24of settlement or on the grounds that more than five years have
25elapsed since the date of the settlement.
26 Sec. 2. Section 479A.11, Code 2023, is amended to read as
27follows:
28479A.11 Damages.
291. A pipeline company operating pipelines or underground
30storage shall be given reasonable access to the pipelines and
31storage areas for the purpose of constructing, operating,
32maintaining, or locating their pipes, pumps, pressure
33apparatus, or other stations, wells, devices, or equipment used
34in or upon a pipeline or storage area, but shall pay the owner
35of the lands for the right of entry and the owner of crops on
-1-1the land all damages caused by entering, using, or occupying
2the lands for these purposes; and shall pay to the owner of the
3lands, after the completion of construction of the pipeline or
4storage, all damages caused by settling of the soil along and
5above the pipeline, and wash or erosion of the soil along the
6pipeline due to the construction of the pipeline. However,
7this section does not prevent the execution of an agreement
8with other terms between the pipeline company and the owner of
9the land or crops with reference to their use.
102. A claim for crop yield loss damages pursuant to this
11section shall not be precluded from renegotiation under section
126B.52 on the grounds that the damages were apparent at the time
13of settlement or on the grounds that more than five years have
14elapsed since the date of the settlement.
15 Sec. 3. Section 479B.16, subsection 1, Code 2023, is amended
16to read as follows:
171. A pipeline company granted a pipeline permit shall,
18subject to subsection 4, be vested with the right of eminent
19domain, to the extent necessary and as prescribed and approved
20by the board, not exceeding seventy-five feet in width for
21right-of-way and not exceeding one acre in any one location in
22addition to right-of-way for the location of pumps, pressure
23apparatus, or other stations or equipment necessary to
24the proper operation of its pipeline. The board may grant
25additional eminent domain rights where the pipeline company
26has presented sufficient evidence to adequately demonstrate
27that a greater area is required for the proper construction,
28operation, and maintenance of the pipeline or for the location
29of pumps, pressure apparatus, or other stations or equipment
30necessary to the proper operation of its pipeline.
31 Sec. 4. Section 479B.16, Code 2023, is amended by adding the
32following new subsection:
33 NEW SUBSECTION. 4. The board shall not grant a liquefied
34carbon dioxide pipeline company the right of eminent domain
35under this chapter for an interstate hazardous liquid pipeline
-2-1project unless the company acquires at least ninety percent of
2the affected route miles through voluntary easements or through
3preexisting easements. The company shall submit regular
4reports on its progress in acquiring voluntary easements as
5determined by the board.
6 Sec. 5. Section 479B.20, subsection 5, Code 2023, is amended
7to read as follows:
85. If the pipeline company or its contractor does not
9comply with the requirements of this section, with the land
10restoration plan or line location, or with an independent
11agreement on land restoration executed in accordance with
12subsection 10, the county board of supervisors or a landowner
13 may petition the board for an order requiring corrective action
14to be taken. In addition, the county board of supervisors
15or a landowner may file a complaint with the board seeking
16imposition of civil penalties under section 479B.21. A
17landowner may supply a copy of the complaint to the county
18board of supervisors where the complaint originated.
19 Sec. 6. Section 479B.29, Code 2023, is amended to read as
20follows:
21479B.29 Particular damage claims.
221. Compensable losses shall include, but are not limited to,
23 all of the following:
24a. Loss or reduced yield of crops or forage on the pipeline
25right-of-way, whether caused directly by construction or from
26disturbance of usual farm operations.
27b. Loss or reduced yield of crops or yield from land near
28the pipeline right-of-way resulting from lack of timely access
29to the land or other disturbance of usual farm operations,
30including interference with irrigation or drainage.
31c. Fertilizer, lime, or organic material applied by the
32landowner to restore land disturbed by construction to full
33productivity.
34d. Loss of or damage to trees of commercial or other value
35that occurs at the time of construction, restoration, or at the
-3-1time of any subsequent work by the pipeline company.
2e. The cost of or losses in moving or relocating livestock,
3and the loss of gain by or the death or injury of livestock
4caused by the interruption or relocation of normal feeding.
5f. Erosion and soil compaction on lands attributable to
6pipeline construction.
7g. Damage to farm equipment caused by striking a pipeline,
8debris, or other material reasonably associated with pipeline
9construction while engaged in normal farming operations as
10defined in section 480.1.
11h. Damage to soil or water conservation structures caused
12by construction, restoration, or subsequent work by the
13pipeline company including but not limited to terraces, grassed
14waterways, water and sediment control basins, ponds, saturated
15buffers, and biofilters.
16i. Damage to irrigation or drainage systems caused by
17construction, restoration, or subsequent work by the pipeline
18company.
192. A claim for damage for future crop deficiency within
20the easement strip damages incurred under this section shall
21not be precluded from renegotiation under section 6B.52 on the
22grounds that it was apparent at the time of settlement unless
23the settlement expressly releases the pipeline company from
24claims for damage to the productivity of the soil or on the
25grounds that more than five years have elapsed since the date
26of the settlement. The landowner shall notify the pipeline
27company in writing fourteen days prior to harvest in each year
28to assess crop deficiency.
293. For the purposes of this section, “landowner” also
30includes a farm tenant.
314. A landowner that incurred damage under this section is
32eligible for compensation for damages. A landowner may file an
33action for relief against a pipeline company in small claims
34or district court for a violation of this section or pursue
35remedies under section 479B.30, subsection 7.
-4-1 Sec. 7. Section 479B.30, subsection 7, Code 2023, is amended
2to read as follows:
37. As used in this section, “damages” means compensation for
4damages to the land, crops, and other personal property caused
5by the construction of a pipeline and its attendant structures
6or underground storage facility, or a compensable loss as
7defined in section 479B.29, subsection 1, but does not include
8compensation for a property interest, and “landowner” includes
9a farm tenant.
10 Sec. 8. EFFECTIVE DATE. This division of this Act, being
11deemed of immediate importance, takes effect upon enactment.
12 Sec. 9. APPLICABILITY. This division of this Act applies to
13all applications for a permit to construct a pipeline pursuant
14to chapter 479B filed with the Iowa utilities board on or after
15July 1, 2021, and to permits issued on or after the effective
16date of this division of this Act.
17DIVISION II
18EMINENT DOMAIN INTERIM STUDY
19 Sec. 10. EMINENT DOMAIN INTERIM STUDY.
201. The legislative council is requested to authorize a
21study committee to evaluate eminent domain practices and
22procedures applicable under Iowa law. The study committee
23shall make recommendations that the committee believes will
24improve eminent domain policy in the state including all of the
25following:
26a. Standards for entering land for land surveying purposes.
27b. Review of land restoration standards.
28c. Review of eminent domain public benefit and private-use
29tests.
30d. Engineering study analysis, including all of the
31following:
32(1) Engineering study standards, authority, and
33composition.
34(2) Analysis of the process of company selection.
35e. Land compensation practices and procedures.
-5- 1f. Review of eminent domain processes and procedures.
2g. Iowa utilities board perspectives.
32. The study committee shall consist of five members of
4the senate, three of whom shall be appointed by the majority
5leader of the senate and two of whom shall be appointed by
6the minority leader of the senate, and five members of the
7house of representatives, three of whom shall be appointed by
8the speaker of the house of representatives and two of whom
9shall be appointed by the minority leader of the house of
10representatives. The legislative council is encouraged to
11appoint to the interim study committee public members or direct
12the study committee to seek input from or to appoint members
13of the public.
143. The study committee shall meet during the 2023
15legislative interim and submit a report containing
16recommendations to the members of the general assembly by
17December 15, 2023.
es/rn/md
2requirements, establishing an interim study committee, and
3including effective date and applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2Pipeline projects
3 Section 1. Section 479.25, Code 2023, is amended to read as
4follows:
5479.25 Damages.
61. A pipeline company operating a pipeline or a gas
7storage area shall have reasonable access to the pipeline or
8gas storage area for the purpose of constructing, operating,
9maintaining, or locating pipes, pumps, pressure apparatus or
10other stations, wells, devices, or equipment used in or upon
11the pipeline or gas storage area; shall pay the owner of the
12land for the right of entry and the owner of crops for all
13damages caused by entering, using, or occupying the land; and
14shall pay to the owner all damages caused by the completion
15of construction of the pipeline due to wash or erosion of the
16soil at or along the location of the pipeline and due to the
17settling of the soil along and above the pipeline. However,
18this section shall not prevent the execution of an agreement
19between the pipeline company and the owner of land or crops
20with reference to the use of the land.
212. A claim for crop yield loss damages pursuant to this
22section shall not be precluded from renegotiation under section
236B.52 on the grounds that the damages were apparent at the time
24of settlement or on the grounds that more than five years have
25elapsed since the date of the settlement.
26 Sec. 2. Section 479A.11, Code 2023, is amended to read as
27follows:
28479A.11 Damages.
291. A pipeline company operating pipelines or underground
30storage shall be given reasonable access to the pipelines and
31storage areas for the purpose of constructing, operating,
32maintaining, or locating their pipes, pumps, pressure
33apparatus, or other stations, wells, devices, or equipment used
34in or upon a pipeline or storage area, but shall pay the owner
35of the lands for the right of entry and the owner of crops on
-1-1the land all damages caused by entering, using, or occupying
2the lands for these purposes; and shall pay to the owner of the
3lands, after the completion of construction of the pipeline or
4storage, all damages caused by settling of the soil along and
5above the pipeline, and wash or erosion of the soil along the
6pipeline due to the construction of the pipeline. However,
7this section does not prevent the execution of an agreement
8with other terms between the pipeline company and the owner of
9the land or crops with reference to their use.
102. A claim for crop yield loss damages pursuant to this
11section shall not be precluded from renegotiation under section
126B.52 on the grounds that the damages were apparent at the time
13of settlement or on the grounds that more than five years have
14elapsed since the date of the settlement.
15 Sec. 3. Section 479B.16, subsection 1, Code 2023, is amended
16to read as follows:
171. A pipeline company granted a pipeline permit shall,
18subject to subsection 4, be vested with the right of eminent
19domain, to the extent necessary and as prescribed and approved
20by the board, not exceeding seventy-five feet in width for
21right-of-way and not exceeding one acre in any one location in
22addition to right-of-way for the location of pumps, pressure
23apparatus, or other stations or equipment necessary to
24the proper operation of its pipeline. The board may grant
25additional eminent domain rights where the pipeline company
26has presented sufficient evidence to adequately demonstrate
27that a greater area is required for the proper construction,
28operation, and maintenance of the pipeline or for the location
29of pumps, pressure apparatus, or other stations or equipment
30necessary to the proper operation of its pipeline.
31 Sec. 4. Section 479B.16, Code 2023, is amended by adding the
32following new subsection:
33 NEW SUBSECTION. 4. The board shall not grant a liquefied
34carbon dioxide pipeline company the right of eminent domain
35under this chapter for an interstate hazardous liquid pipeline
-2-1project unless the company acquires at least ninety percent of
2the affected route miles through voluntary easements or through
3preexisting easements. The company shall submit regular
4reports on its progress in acquiring voluntary easements as
5determined by the board.
6 Sec. 5. Section 479B.20, subsection 5, Code 2023, is amended
7to read as follows:
85. If the pipeline company or its contractor does not
9comply with the requirements of this section, with the land
10restoration plan or line location, or with an independent
11agreement on land restoration executed in accordance with
12subsection 10, the county board of supervisors or a landowner
13 may petition the board for an order requiring corrective action
14to be taken. In addition, the county board of supervisors
15or a landowner may file a complaint with the board seeking
16imposition of civil penalties under section 479B.21. A
17landowner may supply a copy of the complaint to the county
18board of supervisors where the complaint originated.
19 Sec. 6. Section 479B.29, Code 2023, is amended to read as
20follows:
21479B.29 Particular damage claims.
221. Compensable losses shall include, but are not limited to,
23 all of the following:
24a. Loss or reduced yield of crops or forage on the pipeline
25right-of-way, whether caused directly by construction or from
26disturbance of usual farm operations.
27b. Loss or reduced yield of crops or yield from land near
28the pipeline right-of-way resulting from lack of timely access
29to the land or other disturbance of usual farm operations,
30including interference with irrigation or drainage.
31c. Fertilizer, lime, or organic material applied by the
32landowner to restore land disturbed by construction to full
33productivity.
34d. Loss of or damage to trees of commercial or other value
35that occurs at the time of construction, restoration, or at the
-3-1time of any subsequent work by the pipeline company.
2e. The cost of or losses in moving or relocating livestock,
3and the loss of gain by or the death or injury of livestock
4caused by the interruption or relocation of normal feeding.
5f. Erosion and soil compaction on lands attributable to
6pipeline construction.
7g. Damage to farm equipment caused by striking a pipeline,
8debris, or other material reasonably associated with pipeline
9construction while engaged in normal farming operations as
10defined in section 480.1.
11h. Damage to soil or water conservation structures caused
12by construction, restoration, or subsequent work by the
13pipeline company including but not limited to terraces, grassed
14waterways, water and sediment control basins, ponds, saturated
15buffers, and biofilters.
16i. Damage to irrigation or drainage systems caused by
17construction, restoration, or subsequent work by the pipeline
18company.
192. A claim for damage for future crop deficiency within
20the easement strip damages incurred under this section shall
21not be precluded from renegotiation under section 6B.52 on the
22grounds that it was apparent at the time of settlement unless
23the settlement expressly releases the pipeline company from
24claims for damage to the productivity of the soil or on the
25grounds that more than five years have elapsed since the date
26of the settlement. The landowner shall notify the pipeline
27company in writing fourteen days prior to harvest in each year
28to assess crop deficiency.
293. For the purposes of this section, “landowner” also
30includes a farm tenant.
314. A landowner that incurred damage under this section is
32eligible for compensation for damages. A landowner may file an
33action for relief against a pipeline company in small claims
34or district court for a violation of this section or pursue
35remedies under section 479B.30, subsection 7.
-4-1 Sec. 7. Section 479B.30, subsection 7, Code 2023, is amended
2to read as follows:
37. As used in this section, “damages” means compensation for
4damages to the land, crops, and other personal property caused
5by the construction of a pipeline and its attendant structures
6or underground storage facility, or a compensable loss as
7defined in section 479B.29, subsection 1, but does not include
8compensation for a property interest, and “landowner” includes
9a farm tenant.
10 Sec. 8. EFFECTIVE DATE. This division of this Act, being
11deemed of immediate importance, takes effect upon enactment.
12 Sec. 9. APPLICABILITY. This division of this Act applies to
13all applications for a permit to construct a pipeline pursuant
14to chapter 479B filed with the Iowa utilities board on or after
15July 1, 2021, and to permits issued on or after the effective
16date of this division of this Act.
17DIVISION II
18EMINENT DOMAIN INTERIM STUDY
19 Sec. 10. EMINENT DOMAIN INTERIM STUDY.
201. The legislative council is requested to authorize a
21study committee to evaluate eminent domain practices and
22procedures applicable under Iowa law. The study committee
23shall make recommendations that the committee believes will
24improve eminent domain policy in the state including all of the
25following:
26a. Standards for entering land for land surveying purposes.
27b. Review of land restoration standards.
28c. Review of eminent domain public benefit and private-use
29tests.
30d. Engineering study analysis, including all of the
31following:
32(1) Engineering study standards, authority, and
33composition.
34(2) Analysis of the process of company selection.
35e. Land compensation practices and procedures.
-5- 1f. Review of eminent domain processes and procedures.
2g. Iowa utilities board perspectives.
32. The study committee shall consist of five members of
4the senate, three of whom shall be appointed by the majority
5leader of the senate and two of whom shall be appointed by
6the minority leader of the senate, and five members of the
7house of representatives, three of whom shall be appointed by
8the speaker of the house of representatives and two of whom
9shall be appointed by the minority leader of the house of
10representatives. The legislative council is encouraged to
11appoint to the interim study committee public members or direct
12the study committee to seek input from or to appoint members
13of the public.
143. The study committee shall meet during the 2023
15legislative interim and submit a report containing
16recommendations to the members of the general assembly by
17December 15, 2023.
es/rn/md