Amendment S-3064 to HF 639

Filed April 2, 2025 in the Senate by

What it changes

1. By striking everything after the enacting clause and inserting: “Section
2. Section 476.33, Code 2025, is amended by adding the following new subsection: NEW SUBSECTION .
3. For hearings initiated under this chapter, a majority of the members of the commission shall be present during any live testimony. If at any point during live testimony at a hearing less than a majority of the members are available for any reason, the meeting shall pause until a majority of the members of the commission are available. Sec.
4. Section 476A.4, Code 2025, is amended by adding the following new subsections: NEW SUBSECTION .
5. All hearings initiated under this chapter shall follow the attendance rules governing commission members as provided in section 476.33, subsection
6. NEW SUBSECTION .
7. After a hearing, if notice by publication was properly made, an operator of an electric power generation and transmission facility and a property owner may enter a voluntary agreement for an interest in the property without regard to whether the property owner received notice by mail. Sec.
8. NEW SECTION . 476A.4A Objections.
9. A person, including a governmental entity, whose rights or interests may be affected by the proposed facility may file written objections.
10. All objections shall be on file with the commission not less than five days before the date of hearing on the application. However, the commission may permit the filing of the objections later than five days before the hearing, in which event the applicant must be granted a reasonable time to meet the objections.
11. If a facility is relocated due to an objection filed pursuant to this section, the utilities commission shall not require an applicant to resubmit an application for a permit pursuant to section 479A.3. Sec.
12. Section 476A.6, unnumbered paragraph 1, Code 2025, is amended to read as follows: The commission shall render a decision on the application in an expeditious manner. The commission shall render a decision on an application requesting the power of eminent domain no later than one year after the request for eminent domain is received by the commission. A certificate shall be issued to the applicant if the commission finds all of the following: Sec.
13. NEW SECTION . 476A.16 Access to lines —— damages.
14. Individuals or corporations operating transmission lines for the facility shall have reasonable access to the transmission lines for the purpose of constructing, reconstructing, enlarging, repairing, or locating the poles, wires, or construction and other devices used in or upon any line, but shall pay to the owner of the lands and of crops on the lands all damages to the lands or crops caused by entering, using, and occupying the lands for those purposes. This section shall not prevent the execution of an agreement between the person, company, or corporation owning or operating the lines and the owner of the land or crops regarding the use of the land.
15. 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. Sec.
16. NEW SECTION . 476A.17 Drainage tile —— liability. For an applicant exercising the power of eminent domain pursuant to this chapter, the operator of the electric power generation and transmission facility shall be liable for repairs of drainage tile installed prior to the installation of the facility, when the installation, construction, operation, maintenance, or repair of the facility is the proximate cause of the damage to the drainage tile. The operator’s liability pursuant to this section shall continue for the life of the electric power generation and transmission facility and shall include all of the following:
17. The full replacement costs of the drainage tile, including, without limitation, material, labor, and equipment.
18. The reclamation and restoration of topsoil as part of any drainage tile repair. Sec.
19. NEW SECTION . 476A.18 Land restoration standards.
20. The commission, pursuant to chapter 17A, shall adopt rules establishing standards for the restoration of agricultural lands during and after facility construction. In addition to the requirements of section 17A.4, the commission shall distribute copies of the notice of intended action and opportunity for oral presentations to each county board of supervisors. Any county board of supervisors may, under the provisions of chapter 17A, and subsequent to the rulemaking proceedings, petition under those provisions for additional rulemaking to establish standards for land restoration after facility construction within that county. Upon the request of the petitioning county, the commission shall schedule a hearing to consider the merits of the petition. Rules adopted under this section shall not apply to land located within city boundaries unless the land is used for agricultural purposes. Rules adopted under this section shall address but are not limited to all of the following subject matters: a. Topsoil separation and replacement. b. Temporary and permanent repair to drain tile. c. Removal of rocks and debris from the right-of-way. d. Restoration of areas of soil compaction. e. Restoration of terraces, waterways, and other erosion control structures. f. Revegetation of untilled land. g. Future installation of drain tile or soil conservation structures. h. Restoration of land slope and contour. i. Restoration of areas used for field entrances and temporary roads. j. Construction in wet conditions. k. Designation of a point of contact for an individual, company, or corporation operating a facility for landowner inquiries or claims.
21. The county board of supervisors shall cause an on-site inspection for compliance with the standards adopted under this section to be performed at any facility construction project in the county. A licensed professional engineer familiar with the standards adopted under this section and registered under chapter 542B shall be responsible for the inspection. A county board of supervisors may contract for the services of a licensed professional engineer for the purposes of the inspection. The reasonable costs of the inspection shall be paid by the individual, company, or corporation operating the facility.
22. If the inspector determines that there has been a violation of the standards adopted under this section, of the land restoration plan, or of an independent agreement on land restoration or line location executed in accordance with subsection 10, the inspector shall give oral notice, followed by written notice, to the individual, company, or corporation operating a facility and the contractor operating for the individual, company, or corporation operating the facility and order corrective action to be taken in compliance with the standards. The costs of the corrective action shall be borne by the contractor operating for the individual, company, or corporation operating the facility.
23. An inspector shall adequately inspect underground improvements altered during construction of the facility. An inspection shall be conducted at the time of the replacement or repair of the underground improvements. An inspector shall be present on the site at all times at each phase and separate activity of the opening of the trench, the restoration of underground improvements, and backfilling. The individual, company, or corporation operating the facility and its contractor shall keep an inspector continually informed of the work schedule and any schedule changes. If proper notice is given, construction shall not be delayed due to an inspector’s failure to be present on the site.
24. If the individual, company, or corporation operating the facility 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 commission 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 commission seeking imposition of civil penalties under section 479A.14. A landowner may supply a copy of the complaint to the county board of supervisors where the complaint originated.
25. The individual, company, or corporation operating the facility shall allow landowners and the inspector to view the proposed center line of any electric transmission lines prior to commencing trenching operations to ensure that construction takes place in its proper location.
26. An inspector may temporarily halt the construction if the construction is not in compliance with this chapter and the standards adopted pursuant to this chapter, the land restoration plan, or the terms of an independent agreement with the individual, company, or corporation operating the facility regarding land restoration or line location executed in accordance with subsection 10, until the inspector consults with the supervisory personnel of the individual, company, or corporation operating the facility.
27. The commission shall instruct inspectors appointed by the board of supervisors regarding the content of the statutes and rules and the inspectors’ responsibility to require construction conforming with the standards provided by this chapter.
28. Petitioners for a permit for facility construction shall file with the petition a written land restoration plan showing how the requirements of this section, and of rules adopted pursuant to this section, will be met. The individual, company, or corporation operating the facility shall provide copies of the plan to all landowners of property that will be disturbed by the construction.
29. This section does not preclude the application of provisions for protecting or restoring property that are different than those prescribed in this section, in rules adopted under this section, or in the land restoration plan, if the alternative provisions are contained in agreements independently executed by the individual, company, or corporation operating the facility and the landowner, and if the alternative provisions are not inconsistent with state law or with rules adopted by the commission. Independent agreements on land restoration or line location between the landowner and individual, company, or corporation operating the facility shall be in writing and a copy provided to the county inspector.
30. For the purposes of this section, “construction” includes the removal of previously constructed facilities or electric transmission lines.
31. The requirements of this section shall apply only to facility construction projects commenced on or after June 1,
32. Sec.
33. NEW SECTION . 476A.19 Particular damage claims.
34. Compensable losses shall include but are not limited to all of the following: a. Loss or reduced yield of crops or forage on the facility right-of-way, whether caused directly by construction or from disturbance of usual farm operations. b. Loss or reduced yield of crops from land near the facility 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. Costs associated with the application of fertilizer, lime, or organic material 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 or restoration, or at the time of any subsequent work by the individual, company, or corporation operating the facility. 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 facility construction. g. Damage to farm equipment caused by striking an electric transmission line, debris, or other material reasonably associated with facility 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 individual, company, or corporation operating the facility 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 individual, company, or corporation operating the facility.
35. A claim for 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 or on the grounds that more than five years have elapsed since the date of the settlement. The landowner shall notify the individual, company, or corporation operating the facility in writing for as long as crop loss is present due to facility construction, and may submit a global positioning yield map to demonstrate such crop loss.
36. A landowner that incurred damage under this section is eligible for compensation for damages. A landowner may file an action for relief against a individual, company, or corporation operating the facility in small claims or district court for a violation of this section or pursue remedies under section 476A.20. Sec.
37. NEW SECTION . 476A.20 Determination of installation damages.
38. The county board of supervisors shall determine when installation of a facility has been completed in that county for the purposes of this section. Not less than ninety days after the completion of installation, and if an agreement cannot be made as to damages, a landowner whose land was affected by the installation of the facility or a individual, company, or corporation operating the facility may file with the board of supervisors a petition asking that a compensation commission determine the damages arising from the installation of the facility.
39. a. If the board of supervisors by resolution approves the petition, the landowner or individual, company, or corporation operating the facility shall commence the proceeding by filing an application with the chief judge of the judicial district of the county for the appointment of a compensation commission as provided in section 6B.4. b. The application shall contain all of the following: (1) The name and address of the applicant and a description of the land on which the damage is claimed to have occurred. (2) A description of the nature of the damage claimed to have occurred and the amount of the damage claimed. (3) The name and address of the individual, company, or corporation operating the facility claimed to have caused the damage or the name and address of the affected landowner.
40. a. After the commissioners have been appointed, the applicant shall serve notice on the individual, company, or corporation operating the facility or the landowner stating all of the following: (1) That a compensation commission has been appointed to determine the damages caused by the installation of the facility. (2) The name and address of the applicant and a description of the land on which the damage is claimed to have occurred. (3) The date, time, and place when the commissioners will view the premises and proceed to appraise the damages and that the individual, company, or corporation operating the facility or the landowner may appear before the commissioners. b. If more than one landowner petitions the county board of supervisors, the application to the chief judge, notice to the individual, company, or corporation operating the facility, and appraisement of damages shall be consolidated into one application, notice, and appraisement. The county attorney may assist in coordinating the consolidated application and notice, but does not become an attorney for the landowners by doing so.
41. The commissioners shall view the land at the time provided in the notice and assess the damages sustained by the landowner by reason of the installation of the facility and they shall file their report with the sheriff. The appraisement of damages returned by the commissioners is final unless appealed. After the appraisement of damages has been delivered to the sheriff by the compensation commission, the sheriff shall give written notice by ordinary mail to the individual, company, or corporation operating the facility and the landowner of the date the appraisement of damages was made, the amount of the appraisement, and that any interested party may appeal to the district court within thirty days of the date of mailing. The sheriff shall endorse the date of mailing of notice on the original appraisement of damages. At the time of appeal, the appealing party shall give written notice to the adverse party or the party’s attorney and the sheriff.
42. Chapter 6B applies to this section to the extent it is applicable and consistent with this section.
43. The individual, company, or corporation operating the facility shall pay all costs of the assessment made by the commissioners and reasonable attorney fees and costs incurred by the landowner as determined by the commissioners if the award of the commissioners exceeds one hundred ten percent of the final offer of the individual, company, or corporation operating the facility prior to the determination of damages. The individual, company, or corporation operating the facility shall file with the sheriff an affidavit setting forth the most recent offer made to the landowner. Commissioners shall receive a per diem of fifty dollars and actual and necessary expenses incurred in the performance of their official duties. The individual, company, or corporation operating the facility shall also pay all costs occasioned by the appeal, including reasonable attorney fees to be taxed by the court, unless on the trial of the appeal the same or a lesser amount of damages is awarded than was allowed by the compensation commission from which the appeal was taken.
44. As used in this section, “damages” means compensation for damages to the land, crops, and other personal property caused by the construction activity of installing a facility and its attendant structures, or a compensable loss as described in section 476A.19, subsection 1, but does not include compensation for a property interest, and “landowner” includes a farm tenant.
45. The provisions of this section do not apply if the easement provides for any other means of negotiation or arbitration. Sec.
46. NEW SECTION . 476A.21 Individual, company, or corporation operating a facility —— requirements.
47. An individual, company, or corporation operating a facility shall provide a different company representative at any time upon the request of a landowner as defined in section 476A.20.
48. An individual, company, or corporation operating a facility shall provide ethics training from a third party approved by the commission to all representatives of the individual, company, or corporation operating a facility.
49. An individual, company, or corporation operating a facility operating in the state shall establish and maintain an internet site allowing landowners to file complaints with the individual, company, or corporation operating the facility. The individual, company, or corporation operating the facility shall provide the commission a copy of received complaints.
50. An individual, company, or corporation operating a facility shall consult with a landowner about the location of safety fixtures prior to installing the safety fixtures. Sec.
51. NEW SECTION . 476A.22 Operator liability.
52. An operator of a facility shall be liable for all damages resulting from the installation, construction, operation, maintenance, repair, ruptures, and other failures of the facility.
53. The operator shall indemnify and hold the surface owner harmless from any loss, claim, or damage resulting from the installation, construction, operation, maintenance, repair, ruptures, and other failures of the facility, other than for gross negligence or willful misconduct of the surface owner. Sec.
54. Section 478.2, subsection 2, paragraph a, Code 2025, is amended to read as follows: a. A member of the commission, the counsel of the commission, or a presiding officer designated by the commission shall serve as the presiding officer at each meeting, shall present an agenda for such meeting , which shall include a summary of the legal rights of the affected landowners, and shall distribute and review the statement of individual rights required under section 6B.2A, subsection 1 . At least one member of the commission shall attend each informational meeting. If at any point during the meeting no member of the commission is available for any reason, the meeting shall pause until at least one member of the commission returns. A formal record of the meeting shall not be required. Sec.
55. Section 478.2, subsection 4, Code 2025, is amended to read as follows:
56. A person seeking rights under this chapter shall not negotiate or purchase any easements or other interests in land in any county known to be affected by the proposed project prior to the informational meeting. After such meeting, if notice by publication was properly made, an electric transmission owner as defined in section 478.16 and a landowner may enter a voluntary agreement for an interest in land without regard to whether the landowner received notice by mail. Sec.
57. Section 478.5, Code 2025, is amended to read as follows: 478.5 Notice —— objections filed.
58. Upon the filing of such petition, the utilities commission shall cause a notice, addressed to the citizens of each county through which the proposed line or lines will extend, to be published in a newspaper located in each such county for two consecutive weeks. Said notice shall contain a general statement of the contents and purpose of the petition, a general description of the lands and highways to be traversed by the proposed line or lines, and shall state that any objections thereto must be filed in writing with the commission not later than twenty days after the date of last publication of the notice. Any person, company, city, or corporation whose rights may be affected, shall have the right to file written objections to the proposed improvement or to the granting of such franchise; such objections shall be filed with the commission not later than twenty days after the date of last publication and shall state the grounds therefor. The commission may allow objections to be filed later in which event the applicant must be given reasonable time to meet such late objections.
59. If a route is readjusted due to an objection filed pursuant to this section, the utilities commission shall not require the individual, company, or corporation asking for the franchise to resubmit a petition for a franchise pursuant to section 478.2. Sec.
60. Section 478.6, Code 2025, is amended by adding the following new subsection: NEW SUBSECTION .

Shortened here; the full amendment is in the official document.

Official amendment (PDF) · In the Bill Book