Read the full stored bill text
House
File
2683
-
Introduced
HOUSE
FILE
2683
BY
COMMITTEE
ON
COMMERCE
(SUCCESSOR
TO
HSB
691)
A
BILL
FOR
An
Act
relating
to
pipeline
projects,
including
damage
1
claims
and
landowner
rights,
and
including
effective
date
2
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
6625HV
(1)
91
sb/js
H.F.
2683
Section
1.
Section
479.25,
Code
2026,
is
amended
to
read
as
1
follows:
2
479.25
Damages.
3
1.
A
pipeline
company
operating
a
pipeline
or
a
gas
4
storage
area
shall
have
reasonable
access
to
the
pipeline
or
5
gas
storage
area
for
the
purpose
of
constructing,
operating,
6
maintaining,
or
locating
pipes,
pumps,
pressure
apparatus
or
7
other
stations,
wells,
devices,
or
equipment
used
in
or
upon
8
the
pipeline
or
gas
storage
area;
shall
pay
the
owner
of
the
9
land
for
the
right
of
entry
and
the
owner
of
crops
for
all
10
damages
caused
by
entering,
using,
or
occupying
the
land;
and
11
shall
pay
to
the
owner
all
damages
caused
by
the
completion
12
of
construction
of
the
pipeline
due
to
wash
or
erosion
of
the
13
soil
at
or
along
the
location
of
the
pipeline
and
due
to
the
14
settling
of
the
soil
along
and
above
the
pipeline.
However,
15
this
section
shall
not
prevent
the
execution
of
an
agreement
16
between
the
pipeline
company
and
the
owner
of
land
or
crops
17
with
reference
to
the
use
of
the
land.
18
2.
A
claim
for
damages
pursuant
to
this
section
shall
not
be
19
precluded
from
renegotiation
under
section
6B.52
on
the
grounds
20
that
the
damages
were
apparent
at
the
time
of
settlement
or
on
21
the
grounds
that
more
than
five
years
have
elapsed
since
the
22
date
of
the
settlement.
23
3.
An
owner
of
the
land
or
the
owner
of
the
crops
that
24
incurred
damage
under
this
section
is
eligible
for
compensation
25
for
damages.
An
owner
of
the
land
or
the
owner
of
the
crops
may
26
file
an
action
for
relief
against
a
pipeline
company
in
small
27
claims
or
district
court
for
a
violation
of
this
section
or
28
pursue
remedies
under
section
479.45
or
479.46.
29
Sec.
2.
Section
479.29,
subsection
5,
Code
2026,
is
amended
30
to
read
as
follows:
31
5.
If
the
pipeline
company
or
its
contractor
does
not
32
comply
with
the
requirements
of
this
section
,
with
the
land
33
restoration
plan,
or
with
an
independent
agreement
on
land
34
restoration
or
line
location
executed
in
accordance
with
35
-1-
LSB
6625HV
(1)
91
sb/js
1/
7
H.F.
2683
subsection
10
,
the
county
board
of
supervisors
or
an
affected
1
landowner
may
petition
the
commission
for
an
order
requiring
2
corrective
action
to
be
taken.
In
addition,
the
county
3
board
of
supervisors
or
the
landowner
may
file
a
complaint
4
with
the
commission
seeking
imposition
of
civil
penalties
5
pursuant
to
section
479.31
.
The
landowner
may
supply
a
copy
6
of
the
complaint
to
the
county
board
of
supervisors
where
the
7
complaint
originated.
8
Sec.
3.
Section
479.45,
Code
2026,
is
amended
to
read
as
9
follows:
10
479.45
Particular
damage
claims.
11
1.
Compensable
losses
shall
include
,
but
are
not
limited
to
,
12
all
of
the
following:
13
a.
Loss
or
reduced
yield
of
crops
or
forage
on
the
pipeline
14
right-of-way,
whether
caused
directly
by
construction
or
from
15
disturbance
of
usual
farm
operations.
16
b.
Loss
or
reduced
yield
of
crops
or
yield
from
land
near
17
the
pipeline
right-of-way
resulting
from
lack
of
timely
access
18
to
the
land
or
other
disturbance
of
usual
farm
operations,
19
including
interference
with
irrigation
or
drainage
.
20
c.
Fertilizer,
lime,
or
organic
material
applied
by
the
21
landowner
to
restore
land
disturbed
by
construction
to
full
22
productivity.
23
d.
Loss
of
or
damage
to
trees
of
commercial
or
other
value
24
that
occurs
at
the
time
of
construction,
restoration,
or
at
the
25
time
of
any
subsequent
work
by
the
pipeline
company.
26
e.
The
cost
of
or
losses
in
moving
or
relocating
livestock,
27
and
the
loss
of
gain
by
or
the
death
or
injury
of
livestock
28
caused
by
the
interruption
or
relocation
of
normal
feeding.
29
f.
Erosion
and
soil
compaction
on
lands
attributable
to
30
pipeline
construction.
31
g.
Damage
to
farm
equipment
caused
by
striking
a
pipeline,
32
debris,
or
other
material
reasonably
associated
with
pipeline
33
construction
while
engaged
in
normal
farming
operations
as
34
defined
in
section
480.1
.
35
-2-
LSB
6625HV
(1)
91
sb/js
2/
7
H.F.
2683
h.
Damage
to
soil
or
water
conservation
structures
caused
1
by
construction,
restoration,
or
subsequent
work
by
the
2
pipeline
company
including
but
not
limited
to
terraces,
grassed
3
waterways,
water
and
sediment
control
basins,
ponds,
saturated
4
buffers,
and
biofilters.
5
i.
Damage
to
irrigation
or
drainage
systems
caused
by
6
construction,
restoration,
or
subsequent
work
by
the
pipeline
7
company.
8
2.
A
claim
for
damage
for
future
crop
deficiency
within
9
the
easement
strip
damages
incurred
under
this
section
shall
10
not
be
precluded
from
renegotiation
under
section
6B.52
on
the
11
grounds
that
it
was
apparent
at
the
time
of
settlement
unless
12
the
settlement
expressly
releases
the
pipeline
company
from
13
claims
for
damage
to
the
productivity
of
the
soil
or
on
the
14
grounds
that
more
than
five
years
have
elapsed
since
the
date
15
of
the
settlement
.
The
landowner
shall
notify
the
company
in
16
writing
fourteen
days
prior
to
harvest
in
each
year
to
assess
17
crop
deficiency
or
by
providing
global
positioning
system
yield
18
monitoring
data
or
similar
assessment
data
demonstrating
crop
19
deficiency
to
the
company
.
20
3.
A
landowner
that
incurred
damage
under
this
section
is
21
eligible
for
compensation
for
damages.
The
landowner
may
file
22
an
action
for
relief
against
a
pipeline
company
in
small
claims
23
or
district
court
for
a
violation
of
this
section
or
pursue
24
remedies
under
section
479B.30.
25
4.
For
the
purposes
of
this
section,
“landowner”
also
26
includes
a
farm
tenant.
27
Sec.
4.
Section
479A.11,
Code
2026,
is
amended
to
read
as
28
follows:
29
479A.11
Damages.
30
1.
A
pipeline
company
operating
pipelines
or
underground
31
storage
shall
be
given
reasonable
access
to
the
pipelines
and
32
storage
areas
for
the
purpose
of
constructing,
operating,
33
maintaining,
or
locating
their
its
pipes,
pumps,
pressure
34
apparatus,
or
other
stations,
wells,
devices,
or
equipment
used
35
-3-
LSB
6625HV
(1)
91
sb/js
3/
7
H.F.
2683
in
or
upon
a
pipeline
or
storage
area,
but
shall
pay
the
owner
1
of
the
lands
for
the
right
of
entry
and
the
owner
of
crops
on
2
the
land
all
damages
caused
by
entering,
using,
or
occupying
3
the
lands
for
these
purposes;
and
shall
pay
to
the
owner
of
the
4
lands,
after
the
completion
of
construction
of
the
pipeline
or
5
storage,
all
damages
caused
by
settling
of
the
soil
along
and
6
above
the
pipeline,
and
wash
or
erosion
of
the
soil
along
the
7
pipeline
due
to
the
construction
of
the
pipeline.
However,
8
this
section
does
not
prevent
the
execution
of
an
agreement
9
with
other
terms
between
the
pipeline
company
and
the
owner
of
10
the
land
or
crops
with
reference
to
their
use.
11
2.
A
claim
for
damages
pursuant
to
this
section
shall
not
be
12
precluded
from
renegotiation
under
section
6B.52
on
the
grounds
13
that
the
damages
were
apparent
at
the
time
of
settlement
or
on
14
the
grounds
that
more
than
five
years
have
elapsed
since
the
15
date
of
the
settlement.
16
3.
An
owner
of
the
land
or
an
owner
of
the
crops
that
17
incurred
damage
under
this
section
is
eligible
for
compensation
18
for
damages.
An
owner
of
the
land
or
an
owner
of
the
crops
may
19
file
an
action
for
relief
against
a
pipeline
company
in
small
20
claims
or
district
court
for
a
violation
of
this
section.
21
Sec.
5.
Section
479B.20,
subsection
5,
Code
2026,
is
amended
22
to
read
as
follows:
23
5.
If
the
pipeline
company
or
its
contractor
does
not
24
comply
with
the
requirements
of
this
section
,
with
the
land
25
restoration
plan
or
line
location,
or
with
an
independent
26
agreement
on
land
restoration
executed
in
accordance
with
27
subsection
10
,
the
county
board
of
supervisors
or
an
affected
28
landowner
may
petition
the
commission
for
an
order
requiring
29
corrective
action
to
be
taken.
In
addition,
the
county
board
30
of
supervisors
or
the
landowner
may
file
a
complaint
with
the
31
commission
seeking
imposition
of
civil
penalties
under
section
32
479B.21
.
The
landowner
may
supply
a
copy
of
the
complaint
to
33
the
county
board
of
supervisors
where
the
complaint
originated.
34
Sec.
6.
Section
479B.20,
Code
2026,
is
amended
by
adding
the
35
-4-
LSB
6625HV
(1)
91
sb/js
4/
7
H.F.
2683
following
new
subsection:
1
NEW
SUBSECTION
.
13.
For
purposes
of
this
section,
2
“landowner”
also
includes
a
farm
tenant.
3
Sec.
7.
Section
479B.29,
Code
2026,
is
amended
to
read
as
4
follows:
5
479B.29
Particular
damage
claims.
6
1.
Compensable
losses
shall
include
,
but
are
not
limited
to
,
7
all
of
the
following:
8
a.
Loss
or
reduced
yield
of
crops
or
forage
on
the
pipeline
9
right-of-way,
whether
caused
directly
by
construction
or
from
10
disturbance
of
usual
farm
operations.
11
b.
Loss
or
reduced
yield
of
crops
or
yield
from
land
near
12
the
pipeline
right-of-way
resulting
from
lack
of
timely
access
13
to
the
land
or
other
disturbance
of
usual
farm
operations,
14
including
interference
with
irrigation
or
drainage
.
15
c.
Fertilizer,
lime,
or
organic
material
applied
by
the
16
landowner
to
restore
land
disturbed
by
construction
to
full
17
productivity.
18
d.
Loss
of
or
damage
to
trees
of
commercial
or
other
value
19
that
occurs
at
the
time
of
construction,
restoration,
or
at
the
20
time
of
any
subsequent
work
by
the
pipeline
company.
21
e.
The
cost
of
or
losses
in
moving
or
relocating
livestock,
22
and
the
loss
of
gain
by
or
the
death
or
injury
of
livestock
23
caused
by
the
interruption
or
relocation
of
normal
feeding.
24
f.
Erosion
and
soil
compaction
on
lands
attributable
to
25
pipeline
construction.
26
g.
Damage
to
farm
equipment
caused
by
striking
a
pipeline,
27
debris,
or
other
material
reasonably
associated
with
pipeline
28
construction
while
engaged
in
normal
farming
operations
as
29
defined
in
section
480.1
.
30
h.
Damage
to
soil
or
water
conservation
structures
caused
31
by
construction,
restoration,
or
subsequent
work
by
the
32
pipeline
company
including
but
not
limited
to
terraces,
grassed
33
waterways,
water
and
sediment
control
basins,
ponds,
saturated
34
buffers,
and
biofilters.
35
-5-
LSB
6625HV
(1)
91
sb/js
5/
7
H.F.
2683
i.
Damage
to
irrigation
or
drainage
systems
caused
by
1
construction,
restoration,
or
subsequent
work
by
the
pipeline
2
company.
3
2.
A
claim
for
damage
for
future
crop
deficiency
within
the
4
easement
strip
damages
incurred
under
this
section
shall
not
be
5
precluded
from
renegotiation
under
section
6B.52
on
the
grounds
6
that
it
was
apparent
at
the
time
of
settlement
unless
the
7
settlement
expressly
releases
the
pipeline
company
from
claims
8
for
damage
to
the
productivity
of
the
soil
or
on
the
grounds
9
that
more
than
five
years
have
elapsed
since
the
date
of
the
10
settlement
.
The
landowner
shall
notify
the
pipeline
company
in
11
writing
fourteen
days
prior
to
harvest
in
each
year
to
assess
12
crop
deficiency
or
by
providing
global
positioning
system
yield
13
monitoring
data
or
similar
assessment
data
demonstrating
crop
14
deficiency
to
the
company
.
15
3.
A
landowner
that
incurred
damage
under
this
section
is
16
eligible
for
compensation
for
damages.
The
landowner
may
file
17
an
action
for
relief
against
a
pipeline
company
in
small
claims
18
or
district
court
for
a
violation
of
this
section
or
pursue
19
remedies
under
section
479B.30.
20
4.
For
the
purposes
of
this
section,
“landowner”
also
21
includes
a
farm
tenant.
22
Sec.
8.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
23
importance,
takes
effect
upon
enactment.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
relates
to
pipeline
projects,
including
damage
28
claims
and
landowner
rights.
29
Under
current
law,
landowners
and
crop
owners
who
incur
30
damages
from
the
construction,
reconstruction,
maintenance,
31
or
operation
of
pipelines
are
eligible
for
compensation.
The
32
bill
provides
that
claims
for
damages
are
not
precluded
from
33
renegotiation
under
Code
section
6B.52
solely
because
the
34
damages
were
apparent
at
the
time
of
settlement
or
because
35
-6-
LSB
6625HV
(1)
91
sb/js
6/
7
H.F.
2683
more
than
five
years
have
elapsed
since
settlement.
The
bill
1
further
authorizes
a
landowner
or
crop
owner
to
file
an
action
2
for
relief
against
a
pipeline
company
in
small
claims
or
3
district
court
for
violations
of
the
damage
payment
provisions,
4
in
addition
to
existing
remedies.
5
The
bill
authorizes
landowners,
in
addition
to
county
6
boards
of
supervisors,
to
petition
the
utilities
commission
7
for
corrective
action
and
to
file
complaints
seeking
civil
8
penalties
for
violations
of
land
restoration
requirements.
9
The
bill
expands
the
list
of
compensable
losses
resulting
10
from
pipeline
construction,
operation,
restoration,
or
11
subsequent
work
to
include
loss
or
reduced
yield
as
a
result
12
of
drainage,
soil
compaction,
damage
to
soil
and
water
13
conservation
structures,
and
damage
to
irrigation
systems
and
14
allows
for
global
positioning
system
yield
monitoring
data
or
15
similar
assessment
data
to
be
used
for
demonstrating
any
crop
16
deficiency.
17
The
bill
amends
a
provision
related
to
interstate
natural
18
gas
pipelines
to
make
conforming
changes
for
damage
claims
and
19
available
relief
actions.
20
The
bill
amends
provisions
related
to
hazardous
liquid
21
pipelines
and
underground
storage
facilities,
including
related
22
to
damage
claims,
available
relief
actions,
petitions
for
23
corrective
action,
and
compensable
losses.
24
The
bill
takes
effect
upon
enactment.
25
-7-
LSB
6625HV
(1)
91
sb/js
7/
7