Amendment S-3152 to HF 639

Filed May 9, 2025 in the Senate by Sen. Mike Bousselot (R)

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. If an applicant is exercising the power of eminent domain pursuant to this chapter, 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 respond to 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.
12. Notwithstanding any other provisions in this section, an objection filed by a government entity that is a regulatory agency or city or county zoning authority subject to the requirements of section 476A.5 shall only address items not within the scope of section 476A.5. Sec.
13. 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.
14. NEW SECTION . 476A.16 Access to lines —— damages.
15. 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.
16. 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 unless the settlement expressly releases the person, company, or corporation owning or operating the lines from claims for damages to the productivity of the soil. A landowner that seeks damages under this section not subject to a release shall notify the person, company, or corporation in writing fourteen days prior to harvest in each year to assess crop deficiency. Sec.
17. 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:
18. The full replacement costs of the drainage tile, including, without limitation, material, labor, and equipment.
19. The reclamation and restoration of topsoil as part of any drainage tile repair. Sec.
20. NEW SECTION . 476A.18 Land restoration standards.
21. The commission shall adopt rules pursuant to chapter 17A regarding the restoration of agricultural lands following construction of a facility subject to this chapter. Rules adopted under this section shall implement the following requirements, which shall not apply within the corporate limits of a city, to any land owned by the facility owner, or to any construction, activity, or facility other than a facility as defined in this chapter: a. A facility owner shall repair a damaged underground drain tile as soon as practicable during construction of the facility. Permanent repairs to the damaged underground drain tile shall be completed as soon as practicable after the initial construction of the facility is complete. The repairs made to the damaged drain tile shall be of at least equal quality, size, and flow capacity of the original drain tile. b. Following the construction of the facility, the facility owner shall remove from any easement area all rock larger than three inches in average diameter not native to the soil of the excavated land. The rock removed from the excavated land that cannot be used to backfill shall be disposed of at a location and in a manner agreed upon by the facility owner and the landowner. c. Upon completion of construction activities on a property, the facility owner shall deep till agricultural land, including right-of-way access points or roads traversed by heavy construction equipment, to alleviate soil compaction. The land shall be tilled at least eighteen inches deep in land used for crop production and twelve inches deep in other lands unless otherwise agreed to by the landowner. d. Upon completion of the facility, the facility owner shall restore the soil conservation practices and structures damaged during construction of the facility to the elevation and grade existing on the land prior to the construction. The soil used to repair embankments intended to retain water shall be well compacted. Any vegetation disturbed during construction shall be reestablished, including cover crops when appropriate. e. Following compaction of the land, agricultural land that is not in row crop or small grain production at the time of construction, including hay ground and land in conservation or set-aside programs, shall be reseeded and a cover crop shall be utilized when appropriate. Seeding for cover crops may be delayed if the construction of the facility is completed too late in the year for a cover crop to become established and is not required if the land will be tilled in the following year. The landowner may request ground cover to prevent soil erosion in areas where construction on the facility is completed if the season is not suitable for seeding a cover crop. f. Unless agreed upon by the facility owner and the landowner, the facility owner shall remove field entrances or temporary roads built for the purpose of constructing the facility upon the completion of construction and restore the area to its previous use. g. A facility owner shall use good utility practices for constructing the facility in wet conditions, such as electing to use matting or padding when utilizing heavy equipment. A facility owner shall grade and till any rutted land to restore, to the extent practicable, the original condition of the land prior to the construction of the facility. If agreed upon by the facility owner and the landowner, the landowner may repair any damage caused by construction activities in wet conditions and the facility owner shall reimburse the landowner for the reasonable cost incurred to repair the damage. If a facility owner utilizes heavy equipment in wetlands or mudflats, mats or other measures shall be utilized to minimize soil disturbance. h. The facility owner shall designate a point of contact for inquiries or claims from an affected person. The designation shall include a name, a telephone number, an email address, and an address.
22. a. If a facility owner and a landowner dispute a potential violation of the restoration standards provided in subsection 1, the commission may appoint a qualified individual to inspect the property for compliance. If the qualified individual determines that there has been a violation of the applicable restoration standards, the commission shall provide oral notice, followed by written notice, to the facility owner and the contractor operating for the facility owner and order corrective action to comply with the restoration standards. The facility owner shall be responsible for the costs of the corrective action. b. If the facility owner or the contractor for the facility owner does not comply with a valid order for corrective action issued by the commission, the commission may issue an order requiring corrective action to be taken and may impose civil penalties under section 478.29, which shall apply to a violation of this section in lieu of section 476A.14. c. The commission shall instruct the inspector appointed by the commission regarding the content of the statutes and rules and the responsibility of the inspector to require restoration conforming with the standards established in subsection
24. a. An applicant for a certificate shall file with the application a written land restoration plan that documents how the requirements and rules of subsection 1 will be met. The applicant shall provide a copy of the plan to all landowners of property that will be disturbed by the construction of the facility. b. Nothing in this section shall preclude the application of provisions for protecting or restoring property that are different than those prescribed in subsection 1, in rules adopted under subsection 1, or in the land restoration plan, if the alternative provisions are contained in agreements independently executed by the facility owner and the landowner. Independent agreements for land restoration between the facility owner and the landowner shall be in writing and made available to the commission upon request. c. The commission may by waiver allow variations from the requirements of subsection 1 if the facility owner requesting a waiver satisfies the standards set forth in section 17A.9A and if the alternative methods proposed by the facility owner would restore the land to a condition as good as or better than as provided for in subsection
25. d. The commission may waive preparation of a separate land restoration plan if the facility owner enters into an agricultural impact mitigation plan or similar agreement with the appropriate agencies of this state that satisfies the requirements of subsection
26. If a mitigation plan or agreement is used to fully or partially meet the requirements of a land restoration plan, the statement or agreement shall be filed with the commission and shall be considered to be, or to be part of, the land restoration plan for purposes of subsection
28. Nothing in this section shall limit, expand, or otherwise modify the rights of access and obligations for damages set forth in section 476A.16.
29. The requirements of this section shall apply only to facility construction projects commenced on or after June 1,
30. Sec.
31. NEW SECTION . 476A.19 Particular damage claims.
32. When the facility owner’s interest in the landowner’s property was acquired by the exercise of eminent domain pursuant to this chapter, compensable losses may include but are not limited to any 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 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 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.
33. A claim for 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 unless the settlement expressly releases the individual, company, or corporation operating the facility from the claim. The landowner shall notify the individual, company, or corporation in writing fourteen days prior to harvest in each year to assess crop deficiency.
34. A landowner that incurred damage under this section is eligible for compensation for damages. A landowner may file a claim for damages against an individual, company, or corporation operating the facility in small claims or district court for a violation of this section. Sec.
35. 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.
36. Section 478.2, subsection 4, Code 2025, is amended to read as follows:
37. a. 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, a person seeking rights under this chapter and a landowner may enter a voluntary agreement for an interest in land without regard to whether the landowner received notice by mail. Prior to entering a voluntary agreement with a landowner who did not receive notice of the informational meeting by mail, the person seeking rights under this chapter shall provide such landowner copies of the informational meeting materials presented by the commission, the consumer advocate, and the person seeking rights under this chapter. Nothing in this paragraph shall prohibit a person seeking rights under this chapter from holding a meeting prior to the informational meeting required by this section to provide general information regarding a project to a community that does not include negotiating specific terms with specific landowners. b. A person seeking rights under this chapter may contact landowners within five miles of the project’s proposed route for the purpose of seeking voluntary easements under the same conditions as provided in paragraph “a” . Sec.
38. Section 478.5, Code 2025, is amended to read as follows: 478.5 Notice —— objections filed.
39. 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 respond to such late objections.
40. 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.
41. Section 478.6, Code 2025, is amended by adding the following new subsection: NEW SUBSECTION .
42. The commission shall render a decision on a petition requesting the power of eminent domain no later than one year after the request for eminent domain is received by the commission. Sec.
43. Section 478.17, Code 2025, is amended to read as follows: 478.17 Access to lines —— damages.
44. Individuals or corporations operating transmission lines 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 , or company , or corporation owning or operating the lines and the owner of the land or crops regarding the use of the land.
45. A claim for damages pursuant to this section due to crop yield loss shall not be precluded from renegotiation under section 6B.52 on the grounds that the damages were apparent at the time of settlement unless the settlement expressly releases the person, company, or corporation owning or operating the lines from claims for damages to the productivity of the soil. A landowner that seeks damages under this section not subject to a release shall notify the person, company, or corporation in writing fourteen days prior to harvest in each year to assess crop deficiency. Sec.
46. NEW SECTION . 478.17A Drainage tile —— liability. For an applicant exercising the power of eminent domain pursuant to this chapter, an electric transmission owner as defined in section 478.16 shall be liable for repairs of drainage tile installed prior to the installation of the electric transmission line, when the installation, construction, operation, maintenance, or repair of the electric transmission line 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 transmission line and shall include all of the following:
47. The full replacement costs of the drainage tile, including, without limitation, material, labor, and equipment.
48. The reclamation and restoration of topsoil as part of any drainage tile repair. Sec.
49. Section 478.29, subsection 1, Code 2025, is amended to read as follows:
50. A person who violates a provision of this chapter or section 476A.18 is subject to a civil penalty, which may be levied by the commission, of not more than one hundred dollars per violation or one thousand dollars per day of a continuing violation, whichever is greater. Civil penalties collected pursuant to this section shall be forwarded by the chief operating officer of the commission to the treasurer of state to be credited to the general fund of the state and appropriated to the department of health and human services for purposes of the low income home energy assistance program and the weatherization assistance program. Sec.
51. NEW SECTION . 478.34 Land restoration standards.
52. The commission shall adopt rules pursuant to chapter 17A regarding the restoration of agricultural lands following construction of an electric transmission line subject to this chapter that is capable of operating at two hundred kilovolts or greater. Rules adopted under this section shall implement the following requirements, which shall not apply within the corporate limits of a city, to property excluded from a franchise under section 478.1, subsection 2, or to any construction, activity, or facility not subject to a franchise under this chapter: a. An electric transmission owner shall repair a damaged underground drain tile as soon as practicable during construction of the electric transmission line. Permanent repairs to the damaged underground drain tile shall be completed as soon as practicable after the initial construction of the electric transmission line is complete. The repairs made to the damaged drain tile shall be of at least equal quality, size, and flow capacity of the original drain tile. b. Following the construction of an electric transmission line, the electric transmission owner shall remove from the easement area all rock larger than three inches in average diameter not native to the soil of the excavated land. The rock removed from the excavated land that cannot be used to backfill shall be disposed of at a location and in a manner agreed upon by the electric transmission owner and the landowner. c. Upon completion of construction activities on a property, the electric transmission owner shall deep till agricultural land, including right-of-way access points or roads traversed by heavy construction equipment, to alleviate soil compaction. The land shall be tilled at least eighteen inches deep in land used for crop production and twelve inches deep in other lands unless otherwise agreed to by the landowner. d. Upon completion of the electric transmission line, the electric transmission owner shall restore the soil conservation practices and structures damaged during construction of the electric transmission line to the elevation and grade existing on the land prior to the construction. The soil used to repair embankments intended to retain water shall be well compacted. Any vegetation disturbed during construction shall be reestablished, including cover crops when appropriate. e. Following compaction of the land, agricultural land that is not in row crop or small grain production at the time of construction, including hay ground and land in conservation or set-aside programs, shall be reseeded and a cover crop shall be utilized when appropriate. Seeding for cover crops may be delayed if the construction of the electric transmission line is completed too late in the year for a cover crop to become established and is not required if the land will be tilled in the following year. The landowner may request ground cover to prevent soil erosion in areas where construction on the electric transmission line is completed if the season is not suitable for seeding a cover crop. f. Unless agreed upon by the electric transmission owner and the landowner, the electric transmission owner shall remove field entrances or temporary roads built for the purpose of constructing the electric transmission line upon the completion of construction and restore the area to its previous use. g. An electric transmission owner shall use good utility practices for constructing the electric transmission line in wet conditions, such as electing to use matting or padding when utilizing heavy equipment. An electric transmission owner shall grade and till any rutted land to restore, to the extent practicable, the original condition of the land prior to the construction of the electric transmission line. If agreed upon by the electric transmission owner and the landowner, the landowner may repair any damage caused by construction activities in wet conditions and the electric transmission owner shall reimburse the landowner for the reasonable cost incurred to repair the damage. If an electric transmission owner utilizes heavy equipment in wetlands or mudflats, mats or other measures shall be utilized to minimize soil disturbance. h. The electric transmission owner shall designate a point of contact for inquiries or claims from an affected person. The designation shall include a name, a telephone number, an email address, and an address.
53. a. If an electric transmission owner and a landowner dispute a potential violation of the restoration standards provided in subsection 1, the commission may appoint a qualified individual to inspect the property for compliance. If the qualified individual determines that there has been a violation of the applicable restoration standards, the commission shall provide oral notice, followed by written notice, to the electric transmission owner and the contractor operating for the electric transmission owner and order corrective action to comply with the restoration standards. The electric transmission owner shall be responsible for the costs of the corrective action. b. If the electric transmission owner or the contractor for the electric transmission owner does not comply with a valid order for corrective action issued by the commission, the commission may issue an order requiring corrective action to be taken and may impose civil penalties under section 478.29. c. The commission shall instruct the inspector appointed by the commission regarding the content of the statutes and rules and the responsibility of the inspector to require restoration conforming with the standards established in subsection
55. a. A petitioner for a franchise for an electric transmission line shall file with the petition a written land restoration plan that documents how the requirements and rules of subsection 1 will be met. The petitioner shall provide a copy of the plan to all landowners of property that will be disturbed by the construction of the electric transmission line. b. Nothing in this section shall preclude the application of provisions for protecting or restoring property that are different than those prescribed in subsection 1, in rules adopted under subsection 1, or in the land restoration plan, if the alternative provisions are contained in agreements independently executed by the electric transmission owner and the landowner. Independent agreements for land restoration between the electric transmission owner and the landowner shall be in writing and shall be made available to the commission upon request. c. The commission may by waiver allow variations from the requirements of subsection 1 if the electric transmission owner requesting a waiver satisfies the standards set forth in section 17A.9A and if the alternative methods proposed by the electric transmission owner would restore the land to a condition as good as or better than as provided for in subsection
56. d. The commission may waive preparation of a separate land restoration plan if the electric transmission owner enters into an agricultural impact mitigation plan or similar agreement with the appropriate agencies of this state that satisfies the requirements of subsection
57. If a mitigation plan or agreement is used to fully or partially meet the requirements of a land restoration plan, the statement or agreement shall be filed with the commission and shall be considered to be, or to be part of, the land restoration plan for purposes of subsection
59. Nothing in this section shall limit, expand, or otherwise modify the rights of access and obligations for damages set forth in section 478.17.
60. The requirements of this section shall apply only to electric transmission line construction projects commenced on or after June 1,

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

Official amendment (PDF) · In the Bill Book