Senate File 571 - IntroducedA Bill ForAn Act 1providing for the transportation of biogas using a
2gathering line system constructed within a secondary road
3right-of-way, providing fees, and including effective date
4provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  NEW SECTION.  306E.1  Finding and declaration.
   2The state of Iowa finds and declares that the establishment
3and expansion of the biogas and renewable natural gas industry
4promises to be a vital part of Iowa’s future economy.
5   Sec. 2.  NEW SECTION.  306E.2  Definitions.
   6As used in this chapter, unless the context otherwise
7requires:
   81.  “Anaerobic digester system” means the same as defined in
9section 459.102.
   102.  “Construct” means to install, expand, maintain, or
11repair.
   123.  “Gathering line system” or “system” means those gathering
13lines, as defined in 49 C.F.R.§192.3, that operate at or
14under one hundred twenty-five pounds per square inch gauge and
15that transport biogas from an anaerobic digester system to a
16facility for further processing to produce renewable natural
17gas.
   184.  a.  “Owner or operator”, except as provided in paragraph
19“b”, means a person that owns or operates a gathering line
20system.
   21b.  “Owner or operator” does not mean a person owning or
22operating a public utility, as defined in section 476.1.
   235.  “Secondary road right-of-way” means a public road
24right-of-way the possession of which is secured or reserved by
25a county as part of the county’s jurisdiction over a secondary
26road.
27   Sec. 3.  NEW SECTION.  306E.3  Construction requirements.
   28Prior to constructing a gathering line system to be located
29in a secondary road right-of-way, an owner or operator shall
30comply with all of the following:
   311.  Any permitting requirements of, including the payment
32of any applicable fees to, the county which has secured
33or reserved the right to possession of the secondary road
34right-of-way, as necessary to construct the gathering line
35system. As part of a county permitting process, a county may
-1-1require the owner or operator to send a written notice of the
2construction to the last known address of each present owner of
3the secondary road right-of-way where the gathering line system
4will be constructed.
   52.  Applicable requirements of chapter 480.
6   Sec. 4.  NEW SECTION.  306E.4  Construction and operation.
   7An owner or operator complying with the requirements
8of section 306E.3 may construct and operate a gathering
9line system in a secondary road right-of-way. The owner or
10operator shall not construct or operate the system in a manner
11that causes permanent interference with the public use of a
12secondary road or secondary road right-of-way.
13   Sec. 5.  EFFECTIVE DATE.  This Act, being deemed of immediate
14importance, takes effect upon enactment.
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
   18GENERAL. This bill declares that the establishment and
19expansion of a biogas and renewable natural gas industry
20in this state promises to be a vital part of Iowa’s future
21economy (new Code section 306E.1). The bill regulates the
22transportation of biogas from an anaerobic digester system
23(ADS) to a processing facility for the production of renewable
24natural gas.
   25TERMINOLOGY. An ADS is connected to a confinement feeding
26operation housing livestock that stores liquid manure on
27site using a storage structure (Code section 459.206). The
28ADS processes liquid manure by utilizing bacteria to break
29down organic matter in the absence of oxygen for purposes
30of producing, collecting, and transporting biogas (Code
31section 459.102). A gathering line as a type of pipeline
32used to transport gas from its point of production to another
33facility for processing (i.e., refinement). The bill defines a
34“gathering line system” (GLS) as gathering lines of a certain
35capacity used to transport biogas from an ADS to a facility
-2-1used to produce natural gas (new Code section 306E.2). The
2bill allows the owner or operator of a GLS to install, expand,
3maintain, or repair (construct) or operate a GLS within the
4public road right-of-way of a secondary road possessed by a
5county (secondary road right-of-way) (Code section 306.4). An
6owner or operator of a GLS does not include a public utility
7(regulated under Code chapter 476).
   8AUTHORIZATION TO CONSTRUCT GATHERING LINE SYSTEMS WITHIN A
9SECONDARY ROAD RIGHT-OF-WAY — REQUIREMENTS. The bill requires
10the owner or operator to comply with certain requirements prior
11to constructing or operating the GLS within a secondary road
12right-of-way (new Code section 306E.3). The owner or operator
13must comply with any permitting requirements of, including
14the payment of any applicable fees to, the county possessing
15the secondary road right-of-way. In addition, the county may
16require the owner or operator to send a written notice of
17the construction to the last-known address of the owner of
18the secondary road right-of-way. The owner or operator must
19also notify the statewide notification center of any planned
20excavation (Code chapter 480). Finally, the owner or operator
21cannot construct or operate a GLS in a manner that causes
22permanent interference with public use of the secondary road or
23secondary road right-of-way (new Code section 306E.4).
   24The bill takes effect upon enactment.
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