Relating to hazardous liquid pipelines, including the establishment of setbacks and safety regulations, specified utility construction project requirements, pipeline project investor disclosures, voluntary easement negotiation requirements, and provisions for land surveys in connection with hazardous liquid pipeline construction projects, and including effective date and applicability provisions

This bill relates to hazardous liquid pipelines, including the establishment of setbacks and safety regulations, easement requirements for utilities and landowner rights regarding pipeline construction, voluntary easement negotiation requirements, surveys in connection with hazardous liquid pipeline projects, pipeline project investor disclosures, and provisions relating to entry of land. Division I of the bill allows counties to adopt setback and safety requirements for hazardous liquid pipeline projects that exceed the protections afforded in state and federal laws. Division II of the bill provides that the Iowa utilities commission (commission) shall not issue a permit for a liquefied carbon dioxide pipeline until the federal pipeline and hazardous materials safety administration provides new rules updating the safety standards for liquefied carbon dioxide pipelines. The bill also provides that the commission shall not grant a permit to construct a liquefied carbon dioxide pipeline unless the permit is conditioned upon the pipeline company (company) burying the pipeline with at least eight feet of cover to allow for future drainage and obtaining all other applicable permits, including federal and state regulatory permits, state and local highway and road crossing permits, and local zoning permits. The company must release the results of any plume modeling studies upon applying for a permit that vests the company with the power of eminent domain. The bill requires a company seeking to use eminent domain to first acquire at least percent of the affected parcels and percent of the pipeline project’s total distance through voluntary easements or through preexisting easements. The bill prohibits the commission from granting a company the right of eminent domain for an interstate hazardous liquid pipeline project unless the company first acquires all applicable pipeline construction and zoning permits from the other states the project will be constructed in. The bill allows a landowner to file a complaint with the commission and to notify the relevant county board of supervisors of a violation of land restoration standards.20 to include a farm tenant.29 to include soil compaction, damage to soil or water conservation structures, and damage to irrigation or drainage systems, and adds “farm tenant” to the definition of “landowner”. The bill expands the claims a landowner can bring and receive compensation for to include any identifiable compensable loss resulting from pipeline activity.29.29. The bill requires a company applying for a permit and negotiating a voluntary easement to first acquire signed, witnessed, and notarized written permission from an affected landowner. Upon consent being granted, a company or company’s agents shall not exceed two communications per month with a landowner unless the landowner waives the restriction through written permission. Violations of the bill shall be reported to the commission, which shall set a public hearing. If the commission finds a violation has occurred, the commission shall fine the company $1,000 per violation and collect and deliver the amount to the affected landowner. The bill provides an affected landowner a cause of action against a company in violation of the provisions of the bill. The bill provides that a company seeking eminent domain rights shall include investor information in the application for a permit submitted to the commission. The permit application shall include the names and home addresses of all planned pipeline investors and the range of planned investment per investor as indicated in the bill. The bill removes a provision allowing a company to enter upon private land for the purpose of surveying and examining the land by giving days’ written notice to a landowner. Division II of the bill takes effect upon enactment. Division II of the bill applies retroactively to all applications for a permit to construct a pipeline pursuant to Code chapter 479B filed with the commission on or after July 1, 2021. Division II of the bill also applies to permits issued by the commission on or after the effective date of the division.