Read the full stored bill text
Senate
File
249
-
Introduced
SENATE
FILE
249
BY
SALMON
,
CAMPBELL
,
ALONS
,
GUTH
,
TAYLOR
,
LOFGREN
,
and
WESTRICH
A
BILL
FOR
An
Act
relating
to
damages
incurred
due
to
releases
of
carbon
1
dioxide
from
liquefied
carbon
dioxide
pipelines
or
carbon
2
dioxide
facilities
and
including
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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249
Section
1.
NEW
SECTION
.
479B.34
Carbon
dioxide
release
——
1
cause
of
action.
2
1.
For
purposes
of
this
section:
3
a.
“Owner”
means
any
person
that
owns
or
operates
a
4
liquefied
carbon
dioxide
pipeline
or
carbon
dioxide
facility
or
5
supplies
carbon
dioxide
to
a
liquefied
carbon
dioxide
pipeline
6
or
carbon
dioxide
facility.
7
b.
“Victim”
means
any
person
residing,
traveling
through,
8
or
visiting,
or
owning
or
leasing
property,
equipment,
or
9
livestock,
within
a
twenty-five-mile
radius
from
the
site
of
10
a
release
of
carbon
dioxide
from
a
liquefied
carbon
dioxide
11
pipeline
or
carbon
dioxide
facility.
12
2.
Any
victim
shall
have
standing
to
commence
an
action
for
13
compensation
for
any
and
all
damages
the
victim
incurred
or
is
14
projected
to
incur
due
to
a
release
of
carbon
dioxide
from
a
15
liquefied
carbon
dioxide
pipeline
or
carbon
dioxide
facility.
16
3.
A
victim
shall
file
a
claim
under
subsection
2
not
later
17
than
one
year
after
the
day
the
cause
of
action
accrues.
18
4.
The
owner
shall
be
strictly
liable
for
all
compensatory
19
and
punitive
damages.
Any
judgment
lien
imposed
as
a
result
of
20
an
action
brought
pursuant
to
subsection
2
shall
have
priority
21
over
any
conflicting
security
interest
or
lien,
including
those
22
perfected
prior
to
the
judgment.
23
5.
If
any
owner
is
involved
in
bankruptcy
or
receivership,
24
the
trustee,
conservator,
or
court
responsible
for
25
reorganization
or
liquidation
of
the
owner’s
assets
must
26
hold
the
assets
in
trust
for
the
benefit
of
potential
carbon
27
dioxide
victim
judgment
lienholders
for
a
period
of
one
year
28
from
the
owner’s
last
day
of
controlling
the
operations
of
the
29
liquefied
carbon
dioxide
pipeline
or
carbon
dioxide
facility
or
30
the
owner’s
last
day
of
producing
carbon
dioxide
that
will
be
31
transported
through
a
pipeline
or
sequestered
on
the
property.
32
Sec.
2.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
33
importance,
takes
effect
upon
enactment.
34
EXPLANATION
35
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249
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
1
the
explanation’s
substance
by
the
members
of
the
general
assembly.
2
This
bill
relates
to
damages
incurred
due
to
the
release
of
3
carbon
dioxide.
4
The
bill
grants
any
person
residing,
traveling
through,
5
or
visiting,
or
owning
or
leasing
property,
equipment,
or
6
livestock,
within
a
25-mile
radius
from
the
site
of
a
release
7
of
carbon
dioxide
from
a
liquefied
carbon
dioxide
pipeline
or
8
carbon
dioxide
facility
standing
to
bring
an
action
against
the
9
owner
of
a
liquefied
carbon
dioxide
pipeline
or
carbon
dioxide
10
facility
if
carbon
dioxide
is
released
from
a
liquefied
carbon
11
dioxide
pipeline
or
carbon
dioxide
facility.
12
The
bill
requires
the
claim
to
be
filed
within
one
year
of
13
the
incident
occurring.
14
The
bill
imposes
strict
liability
on
the
owner
for
all
15
compensatory
and
punitive
damages.
The
bill
provides
that
any
16
judgment
lien
for
an
action
brought
under
the
bill
has
priority
17
over
all
other
security
interests
or
liens.
18
The
bill
requires
any
assets
held
by
an
owner
involved
in
19
bankruptcy
or
receivership
to
be
held
in
trust
for
the
benefit
20
of
potential
carbon
dioxide
victim
judgment
lienholders
for
a
21
period
of
one
year
from
the
owner’s
last
day
of
controlling
22
the
operations
of
the
liquefied
carbon
dioxide
pipeline
or
23
carbon
dioxide
facility
or
the
owner’s
last
day
of
producing
24
carbon
dioxide
that
will
be
transported
through
a
pipeline
or
25
sequestered
on
the
property.
26
The
bill
is
effective
upon
enactment.
27
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