What changed in HF 2527

NEW SECTION. 673B.1 Definitions. As used in this chapter, unless the context otherwise requires:

1. “Agricultural commodity” means a farm animal or farm crop as each is defined in section 673A.3.

2.

a. “Agricultural source” means the location where an agricultural commodity is produced, handled, housed, stored, preserved, processed, distributed, or sold.

b. “Agricultural source” includes the location where an agricultural retailer or agricultural service provider conducts an activity.

3. “Greenhouse gas” means a gas derived from human activity or a natural source that is any of the following:

a. Originating from any of the following:

(1) Carbon dioxide.

(2) Hydrofluorocarbons.

(3) Methane.

(4) Nitrogen trifluoride.

(5) Nitrous oxide.

(6) Sulfur hexafluoride.

2.

NEW SECTION. 673B.2 Action based on climate —— limitation on liability.

1. Subject to section 673B.3, in any civil or criminal action, a defendant is not liable, and is not subject to any judicial remedy, under any principle of law or equity, for damages or injury from any alleged actual or potential effect on climate caused wholly or partly by a greenhouse gas emission.

2. Subsection 1 applies regardless of the civil or criminal action brought or type of relief sought, whether legal or equitable.

3. A person bringing a civil or criminal action that alleges damages or injury as described in subsection 1 must do all of the following:

a. Specify each greenhouse gas emitted by the defendant that as asserted gives rise to the civil or criminal action.

b. Show by clear and convincing evidence that unavoidable and identifiable damage or injury has resulted or will result as a direct cause of the defendant’s violation of an enforceable statutory limitation or restriction or a valid, enforceable operating, air, or other permit issued to the defendant by a regulatory authority.

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3.

NEW SECTION. 673B.3 Action based on climate —— applicability. Section 673B.2 applies unless the district court in the civil or criminal case finds by clear and convincing evidence that the defendant has violated any of the following:

1. An enforceable statutory limitation or restriction governing the emission of a specific greenhouse gas originating within this state.

2. An express term of a valid, enforceable operating, air, or other permit issued to the defendant by a regulatory authority that has jurisdiction over the defendant’s greenhouse gas emissions.

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