HF 639

House
File
639
-
Enrolled
House
File
639
AN
ACT
RELATING
TO
HAZARDOUS
LIQUID
PIPELINES,
INCLUDING
COMMON
CARRIER
REQUIREMENTS,
PROCEEDINGS
UNDER
THE
IOWA
UTILITIES
COMMISSION,
INCLUDING
COMMISSION
MEMBER
ATTENDANCE
AT
HEARINGS
AND
INFORMATIONAL
MEETINGS,
INCLUDING
ALLOWING
CERTAIN
PERSONS
TO
INTERVENE
IN
SUCH
PROCEEDINGS,
INCLUDING
SANCTIONS
ON
INTERVENORS
IN
CONTESTED
CASES,
AND
PERMIT,
PERMIT
RENEWAL,
AND
OPERATION
LIMITATIONS,
AND
INCLUDING
EFFECTIVE
DATE
AND
APPLICABILITY
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
6A.21,
subsection
1,
Code
2025,
is
amended
to
read
as
follows:
1.
Except
as
otherwise
provided,
for
purposes
of
this
chapter
and
chapter
6B
:
a.
“Aboveground
merchant
line”
means
“merchant
line”
as
defined
in
section
478.6A,
subsection
1
,
excluding
those
merchant
lines
that
are
underground.
b.
“Agricultural
land”
means
real
property
owned
by
a
person
in
tracts
of
ten
acres
or
more
and
not
laid
off
into
lots
of
less
than
ten
acres
or
divided
by
streets
and
alleys
into
parcels
of
less
than
ten
acres,
and
that
has
been
used
for
the
production
of
agricultural
commodities
during
three
out
of
the
past
five
years.
Such
use
of
property
includes,
but
is
not
limited
to,
the
raising,
harvesting,
handling,
drying,
or
storage
of
crops
used
for
feed,
food,
seed,
or
fiber;
the
care
or
feeding
of
livestock;
the
handling
or
transportation
House
File
639,
p.
2
of
crops
or
livestock;
the
storage,
treatment,
or
disposal
of
livestock
manure;
and
the
application
of
fertilizers,
soil
conditioners,
pesticides,
and
herbicides
on
crops.
Agricultural
land
includes
land
on
which
is
located
farm
residences
or
outbuildings
used
for
agricultural
purposes
and
land
on
which
is
located
facilities,
structures,
or
equipment
for
agricultural
purposes.
Agricultural
land
includes
land
taken
out
of
agricultural
production
for
purposes
of
environmental
protection
or
preservation.
c.
“Commodity”
means
a
product
that
is
used
by
an
individual
consumer
or
is
used
to
produce
a
product
used
by
an
individual
consumer.
d.
“Common
carrier”
means
a
commercial
enterprise
that
holds
itself
out
as
ready
to
engage
in
the
transportation
of
goods
or
passengers
for
hire,
as
a
public
employment,
and
not
as
a
casual
occupation,
and
that
undertakes
to
carry
for
all
persons
indifferently,
within
the
limits
of
the
enterprise’s
capacity
and
the
sphere
of
business
required
of
it.
For
a
carrier
engaged
in
the
transportation
of
a
hazardous
liquid
to
qualify
as
a
common
carrier,
the
carrier
must
establish
by
clear
and
convincing
evidence
that
it
will
transport
a
commodity
for
one
or
more
shippers
not
affiliated
with
the
carrier
who
will
either
retain
ownership
of
the
commodity
or
sell
the
commodity
to
a
party
other
than
the
carrier.
A
common
carrier
determination
by
the
federal
energy
regulatory
commission
shall
be
controlling
for
purposes
of
this
paragraph.
c.
e.
“Private
development
purposes”
means
the
construction
of,
or
improvement
related
to,
recreational
trails,
recreational
development
paid
for
primarily
with
private
funds,
aboveground
merchant
lines,
housing
and
residential
development,
or
commercial
or
industrial
enterprise
development.
d.
f.
“Public
use”
or
“public
purpose”
or
“public
improvement”
does
not
include
the
authority
to
condemn
agricultural
land
for
private
development
purposes
unless
the
owner
of
the
agricultural
land
consents
to
the
condemnation.
Sec.
2.
Section
6A.24,
Code
2025,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
4.
Notwithstanding
subsection
3,
an
House
File
639,
p.
3
acquiring
agency
proposing
to
acquire
property
by
eminent
domain
pursuant
to
a
grant
under
chapter
479B
shall
have
the
burden
of
establishing
by
clear
and
convincing
evidence
that
the
proposed
use
meets
the
definition
of
a
public
use,
public
purpose,
or
public
improvement.
Sec.
3.
Section
476.33,
Code
2025,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
5.
For
hearings
initiated
under
this
chapter,
all
members
of
the
commission
shall
be
present
during
any
live
testimony.
If
at
any
point
during
live
testimony
at
a
hearing
not
all
members
are
available
for
any
reason,
the
meeting
shall
pause
until
all
members
of
the
commission
return.
Sec.
4.
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.
5.
NEW
SECTION
.
478.34
Hearing
——
commission
member
attendance.
All
hearings
initiated
under
this
chapter
shall
follow
the
attendance
rules
governing
commission
members
as
provided
in
section
476.33,
subsection
5.
Sec.
6.
Section
479.5,
subsection
3,
paragraph
a,
Code
2025,
is
amended
to
read
as
follows:
a.
A
pipeline
company
shall
hold
informational
meetings
in
each
county
in
which
real
property
or
property
rights
will
be
affected
at
least
thirty
days
prior
to
filing
the
petition
for
a
new
pipeline.
A
member
of
the
commission
or
a
person
designated
by
the
commission
shall
serve
as
the
presiding
officer
at
each
meeting,
shall
present
an
agenda
for
the
House
File
639,
p.
4
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
.
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.
7.
NEW
SECTION
.
479.50
Hearing
——
commission
member
attendance.
All
hearings
initiated
under
this
chapter
shall
follow
the
attendance
rules
governing
commission
members
as
provided
in
section
476.33,
subsection
5.
Sec.
8.
Section
479B.4,
subsection
3,
Code
2025,
is
amended
to
read
as
follows:
3.
The
pipeline
company
shall
hold
informational
meetings
in
each
county
in
which
real
property
or
property
rights
will
be
affected
at
least
thirty
days
prior
to
filing
the
petition
for
a
new
pipeline.
A
member
of
the
commission,
or
a
person
designated
by
the
commission,
shall
serve
as
the
presiding
officer
at
each
meeting
and
present
an
agenda
for
the
meeting
,
which
shall
include
a
summary
of
the
legal
rights
of
the
affected
landowners.
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.
No
formal
record
of
the
meeting
shall
be
required.
The
meeting
shall
be
held
at
a
location
reasonably
accessible
to
all
persons
who
may
be
affected
by
granting
the
permit.
Sec.
9.
Section
476.33,
Code
2025,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
5.
The
following
persons
are
entitled
as
of
right
to
intervene
in
any
proceeding
conducted
by
the
commission:
a.
A
member
of
the
general
assembly.
b.
An
elected
county
or
city
official.
c.
Any
resident
with
a
minimally
plausible
interest
in
the
proceeding.
House
File
639,
p.
5
Sec.
10.
Section
474.3,
Code
2025,
is
amended
to
read
as
follows:
474.3
Proceedings.
1.
The
utilities
commission
may
in
all
cases
conduct
its
proceedings,
when
not
otherwise
prescribed
by
law,
in
such
manner
as
will
best
conduce
to
the
proper
dispatch
of
business
and
the
attainment
of
justice.
2.
The
utilities
commission
shall
not
threaten
or
impose
sanctions
against
any
intervenor
unless
the
utilities
commission
determines
the
intervenor
engaged
in
conduct
that
satisfies
all
the
following
conditions:
a.
The
intervenor
was
knowingly
dishonest
or
in
violation
of
a
criminal
statute.
b.
The
intervenor
caused
actual
injury
to
the
utilities
commission,
which
injury
is
quantifiable
and
exceeds
five
hundred
dollars.
Sec.
11.
NEW
SECTION
.
479B.13A
Insurance
requirements
for
permittee.
1.
In
addition
to
the
requirements
of
section
479B.13,
before
a
permit
is
granted
under
this
chapter,
the
applicant
shall
provide
to
the
commission
evidence
of
an
appropriate
surety
or
insurance
policy
to
ensure
the
payment
of
all
damages
resulting
from
the
construction
and
operation
of
the
hazardous
liquid
pipeline.
The
surety
or
insurance
policy
must
be
sufficient
to
indemnify
fully
all
of
the
following:
a.
Any
loss
arising
from
or
related
to
any
negligent
or
intentional
discharge
of
content
from
the
pipeline.
b.
Any
injury,
including
diminution
of
value
of
real
property,
to
affected
properties
due
to
the
construction
of
the
pipeline
or
the
accidental
or
intentional
discharge
of
content.
c.
The
inability
for
a
person
to
obtain
insurance,
or
the
increased
costs
for
a
person
to
obtain
or
renew
insurance,
due
to
the
presence
or
construction
of
the
pipeline.
2.
If
any
person
is
unable
to
obtain
insurance,
or
experiences
increased
costs
to
obtain
or
renew
insurance,
as
a
result
of
the
presence
or
construction
of
the
pipeline,
the
pipeline
owner
shall
either
purchase
insurance
on
behalf
of
the
person
or
reimburse
the
person
for
the
person’s
increased
premium
costs.
House
File
639,
p.
6
Sec.
12.
Section
479B.16,
subsection
1,
Code
2025,
is
amended
to
read
as
follows:
1.
A
pipeline
company
granted
a
pipeline
permit
shall
,
subject
to
subsection
4,
be
vested
with
the
right
of
eminent
domain,
to
the
extent
necessary
and
as
prescribed
and
approved
by
the
commission,
not
exceeding
seventy-five
feet
in
width
for
right-of-way
and
not
exceeding
one
acre
in
any
one
location
in
addition
to
right-of-way
for
the
location
of
pumps,
pressure
apparatus,
or
other
stations
or
equipment
necessary
to
the
proper
operation
of
its
pipeline.
The
commission
may
grant
additional
eminent
domain
rights
where
when
the
pipeline
company
has
presented
sufficient
evidence
to
adequately
demonstrate
that
a
greater
area
is
required
for
the
proper
construction,
operation,
and
maintenance
of
the
pipeline
or
for
the
location
of
pumps,
pressure
apparatus,
or
other
stations
or
equipment
necessary
to
the
proper
operation
of
its
pipeline.
Sec.
13.
Section
479B.16,
Code
2025,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
4.
A
pipeline
company
granted
a
pipeline
permit
shall
not
be
vested
with
the
right
of
eminent
domain
unless
the
pipeline
company
is
a
common
carrier,
as
defined
in
section
6A.21.
Sec.
14.
NEW
SECTION
.
479B.34
Hearing
——
commission
member
attendance.
All
hearings
initiated
under
this
chapter
shall
follow
the
attendance
rules
governing
commission
members
as
provided
in
section
476.33,
subsection
5.
Sec.
15.
Section
479B.14,
subsection
2,
Code
2025,
is
amended
to
read
as
follows:
2.
The
commission
shall
not
grant
an
exclusive
right
to
any
pipeline
company
to
construct,
maintain,
or
operate
its
pipeline
along,
over,
or
across
any
public
or
private
highway,
grounds,
waters,
or
streams.
The
commission
shall
not
grant
a
permit
for
longer
than
twenty-five
years.
The
commission
shall
not
renew
a
permit
granted
to
a
pipeline
that
transports
liquefied
carbon
dioxide
and
no
pipeline
that
transports
liquefied
carbon
dioxide
shall
be
permitted
to
operate
for
longer
than
twenty-five
years.
House
File
639,
p.
7
Sec.
16.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
Sec.
17.
APPLICABILITY.
This
Act
applies
to
condemnation
proceedings
for
which
the
application
filed
under
section
6B.3
is
filed
on
or
after
the
effective
date
of
this
Act.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
639,
Ninety-first
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2025
______________________________
KIM
REYNOLDS
Governor