Amendment H-1146 to HF 565

Filed March 21, 2023 in the House by

What it changes

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

Official amendment (PDF) · In the Bill Book