Amendment H-1048 to HF 565

Filed March 6, 2023 in the House by

What it changes

1. By striking page 1, line 1, through page 4, line 3, and inserting: “Amend House File 565 as follows:
2. By striking everything after the enacting clause and inserting: “Section
3. Section 479B.7, Code 2023, is amended by adding the following new subsection: NEW SUBSECTION .
4. If a pipeline route is readjusted due to an objection filed pursuant to this section, the board shall not require a pipeline company to resubmit an application for a permit pursuant to section 479B.4. Sec.
5. Section 479B.15, Code 2023, is amended to read as follows: 479B.15 Entry for land surveys. After the informational meeting or after the filing of a petition if no informational meeting is required, a pipeline company may enter upon private land , subject to section 479B.34, for the purpose of surveying and examining the land to determine direction or depth of pipelines by giving ten days’ written notice by restricted certified mail to the landowner as defined in section 479B.4 and to any person residing on or in possession of the land. The entry for land surveys shall not be deemed a trespass and may be aided by injunction. The pipeline company shall pay the actual damages caused by the entry, survey, and examination. Sec.
6. Section 479B.20, subsection 5, Code 2023, is amended to read as follows:
7. If the pipeline company or its contractor does not comply with the requirements of this section , with the land restoration plan or line location, or with an independent agreement on land restoration executed in accordance with subsection 10 , the county board of supervisors may petition the board for an order requiring corrective action to be taken. In addition, the county board of supervisors may file a complaint -1- H 1036.831 (2) 90 es/rn 1/ 4 with the board seeking imposition of civil penalties under section 479B.21 . If a landowner files a complaint pursuant to this section, a committee composed of a farmer, the designated pipeline company point of contact pursuant to subsection 1, and a member of the board of supervisors or their appointee where the complaint originated shall hear the complaint. Sec.
8. Section 479B.28, Code 2023, is amended to read as follows: 479B.28 Negotiated fee.
9. In lieu of a one-time lump sum payment for an easement or other property interest allowing a pipeline to cross property or allowing underground storage of hazardous liquids, a landowner and the pipeline company may negotiate an annual fee, to be paid over a fixed number of years. Unless the easement provides otherwise, the annual fee shall run with the land and shall be payable to the owner of record.
10. A landowner may cancel an agreement under subsection 1 for up to seven days following the execution of the contract, or for the period of time an attorney takes to complete a review of such contract, whichever period is longer. Sec.
11. Section 479B.29, subsection 2, Code 2023, is amended to read as follows:
12. A claim for damage for future crop deficiency within the easement strip shall not be precluded from renegotiation under section 6B.52 on the grounds that it was apparent at the time of settlement unless the settlement expressly releases the pipeline company from claims for damage to the productivity of the soil. The landowner shall notify the pipeline company in writing fourteen days prior to harvest in each year to assess crop deficiency for as long as crop loss is present due to pipeline construction, and may submit a global positioning system yield map to demonstrate such crop loss . Sec.
13. NEW SECTION . 479B.34 Pipeline companies —— requirements.
14. Notwithstanding section 479B.15, a pipeline company -2- H 1036.831 (2) 90 es/rn 2/ 4 designee shall not, without the consent of the landowner, inspect or assess real property belonging to a landowner.
15. A pipeline company shall not contact a landowner more frequently than five business days from the date of the pipeline company’s last contact with such landowner, except if the landowner consents to such contact.
16. A pipeline company shall provide a different company representative at any time upon the request of a landowner.
17. A pipeline company shall provide ethics training from a third party approved by the board to all company representatives.
18. A pipeline company operating in the state shall establish and maintain an internet site allowing landowners to file complaints with the pipeline company. The pipeline company shall provide the board a copy of received complaints.
19. A pipeline company shall consult with a landowner about the location of safety fixtures prior to installing the safety fixtures.
20. A pipeline company shall provide fertilizer, additives, and manure to a landowner, free of charge, where damage from pipeline construction or operation has caused a loss of crop yield for two years following the construction or last entry to the real property causing crop damage.
21. If a pipeline company representative requires entry onto a landowner’s real property due to a leak, rupture, or improvement to pipeline equipment, the pipeline company shall attempt to provide notice to the landowner prior to entering onto the real property. A landowner may present an estimate of crop damage created by the pipeline company’s entry to a committee composed of a farmer, the designated pipeline company point of contact pursuant to section 479B.20, subsection 1, and a member of the county board of supervisors in the county where the damage occurred following a complaint filed through the internet site established in subsection
22. Sec.
23. EFFECTIVE DATE. This Act, being deemed of immediate -3- H 1036.831 (2) 90 es/rn 3/ 4 importance, takes effect upon enactment. Sec.
24. APPLICABILITY. This Act applies to a pipeline company that has yet to be granted a permit from the utilities board on or after the effective date of this Act.”
25. Title page, line 1, by striking “specified utility construction” and inserting “hazardous liquid pipeline””

Official amendment (PDF) · In the Bill Book