Bill Text: IA SSB1201 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to agricultural land restoration for electric transmission lines, making penalties applicable, and including applicability provisions.(Formerly SF 428; See SF 532.)
Spectrum: Committee Bill
Status: (Introduced) 2023-03-01 - Subcommittee recommends passage. []. [SSB1201 Detail]
Download: Iowa-2023-SSB1201-Introduced.html
Senate
Study
Bill
1201
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
NATURAL
RESOURCES
AND
ENVIRONMENT
BILL
BY
CHAIRPERSON
SWEENEY)
A
BILL
FOR
An
Act
relating
to
agricultural
land
restoration
for
electric
1
transmission
lines,
making
penalties
applicable,
and
2
including
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
2262XC
(1)
90
es/rn
S.F.
_____
Section
1.
Section
478.3,
subsection
1,
Code
2023,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
i.
An
agricultural
land
restoration
plan
3
which
complies
with
the
rules
established
pursuant
to
section
4
478.34.
5
Sec.
2.
NEW
SECTION
.
478.34
Land
restoration.
6
1.
The
board,
pursuant
to
chapter
17A,
shall
adopt
rules
7
establishing
standards
for
the
restoration
of
agricultural
land
8
during
and
after
the
construction,
erection,
or
installation
9
of
an
electric
transmission
line.
Rules
adopted
under
this
10
section
shall
not
apply
to
land
located
within
city
boundaries
11
unless
the
land
is
used
for
agricultural
purposes.
Rules
12
adopted
under
this
section
shall
address
but
are
not
limited
13
to
all
of
the
following:
14
a.
Removal
of
rocks
and
debris
from
the
right-of-way.
15
b.
Revegetation.
16
c.
Restoration
of
areas
of
soil
compaction.
17
d.
Ruts,
erosion,
or
washing
away
of
the
soil.
18
e.
Drainage
system
repair.
19
f.
Fence
repair.
20
g.
Restoration
of
areas
used
for
field
entrances.
21
2.
For
an
electric
transmission
line
to
be
constructed
or
22
installed
below
ground,
rules
adopted
under
this
section
shall
23
address
but
are
not
limited
to,
in
addition
to
paragraphs
“a”
24
through
“g”
of
subsection
1,
all
of
the
following:
25
a.
Topsoil
separation
and
replacement.
26
b.
Temporary
and
permanent
repair
to
drain
tile.
27
c.
Restoration
of
terraces,
waterways,
and
other
erosion
28
control
structures.
29
d.
Restoration
of
land
slope
and
contour.
30
e.
Construction
in
wet
conditions.
31
3.
A
person,
company,
or
corporation
requesting
or
32
having
secured
a
franchise
to
construct
or
erect
an
electric
33
transmission
line
shall
designate
a
point
of
contact
for
34
inquiries
or
complaints
from
a
landowner
or
a
person
in
35
-1-
LSB
2262XC
(1)
90
es/rn
1/
4
S.F.
_____
possession
of
the
real
property
impacted
by
the
transmission
1
line
and
provide
an
address,
phone
number,
and
electronic
means
2
of
contact.
3
4.
The
board
shall
review
the
land
restoration
plan
as
4
part
of
the
board’s
consideration
of
the
petition
and
may
5
require
modifications
as
necessary
to
comply
with
this
section,
6
rules
adopted
pursuant
to
this
section,
or
any
alternate
land
7
restoration
agreement
reached
with
a
landowner
and
person
8
in
possession
of
the
real
property
if
different
from
the
9
landowner.
The
board
may
require
a
modification
to
the
land
10
restoration
plan
at
the
request
of
the
landowner
or
person
in
11
possession
of
the
real
property.
12
5.
If
a
person,
company,
or
corporation
having
secured
13
a
franchise
or
its
contractor
fails
to
comply
with
the
14
requirements
of
the
land
restoration
plan
approved
by
the
15
board,
the
affected
landowner
or
person
in
possession
of
the
16
real
property
or
residing
on
the
real
property
may
file
a
17
complaint
with
the
board
requesting
a
hearing
after
providing
18
reasonable
notice
to
the
person
who
has
secured
the
franchise.
19
a.
The
board
may
informally
work
with
the
parties
to
resolve
20
the
complaint.
If
the
complaint
is
not
resolved
informally,
21
the
board
shall
initiate
a
contested
case
proceeding
pursuant
22
to
chapter
17A.
23
b.
The
board
may
consolidate
similar
complaints
into
one
24
contested
case
proceeding.
25
c.
If
the
board
finds
the
person
who
has
secured
the
26
franchise
or
its
contractor
is
in
violation
of
the
land
27
restoration
plan
or
other
provisions
under
this
chapter,
the
28
board
shall
determine
a
just
and
reasonable
resolution
and
29
shall
order
compliance
with
the
land
restoration
plan
or
other
30
alternate
agreement.
The
board
may
levy
a
civil
penalty
31
pursuant
to
section
478.29.
32
6.
This
section
shall
not
preclude
additional
means
of
33
land
protection
or
restoration
different
than
the
methods
34
prescribed
in
this
section,
rules
adopted
under
this
section,
35
-2-
LSB
2262XC
(1)
90
es/rn
2/
4
S.F.
_____
or
independent
written
agreements
between
a
landowner
or
1
a
person
in
possession
of
the
real
property
and
a
person,
2
company,
or
corporation
having
secured
a
franchise.
3
Sec.
3.
APPLICABILITY.
This
Act
applies
to
electric
4
transmission
lines
constructed,
erected,
or
installed
on
or
5
after
the
effective
date
of
this
Act.
6
EXPLANATION
7
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
8
the
explanation’s
substance
by
the
members
of
the
general
assembly.
9
This
bill
relates
to
agricultural
land
restoration
for
10
electric
transmission
lines.
11
The
bill
provides
that
a
petition
submitted
to
the
Iowa
12
utilities
board
(board)
requesting
approval
to
construct,
13
erect,
or
install
an
electric
transmission
line
shall
include
14
an
agricultural
land
restoration
plan
(plan).
15
The
bill
requires
the
board
to
adopt
rules
for
the
16
restoration
of
agricultural
land
during
and
after
the
17
construction,
erection,
or
installation
of
an
electric
18
transmission
line.
Rules
shall
address
subject
matters
19
relating
to
rock
removal,
revegetation,
soil,
drainage,
fence
20
repair,
and
field
entrances.
Rules
shall
include
additional
21
subject
matters
concerning
topsoil
separation,
temporary
and
22
permanent
repair
to
drain
tile,
restoration
of
terraces,
23
waterways,
and
other
erosion
control
structures,
restoration
of
24
land
slope
and
contour,
and
construction
in
wet
conditions
in
25
matters
relating
to
below-ground
installation.
26
The
bill
provides
that
a
person,
company,
or
corporation
27
requesting
or
having
secured
a
franchise
(franchise)
shall
28
designate
a
point
of
contact
regarding
questions
and
complaints
29
and
provide
an
address,
phone
number,
and
electronic
means
of
30
contact
for
contact.
31
The
bill
requires
the
board
to
review
the
plan
and
allows
for
32
required
plan
modifications.
33
The
bill
provides
that
an
affected
landowner
may
file
a
34
complaint
with
the
board
for
a
franchisee’s
or
a
contractor’s
35
-3-
LSB
2262XC
(1)
90
es/rn
3/
4
S.F.
_____
failure
to
comply
with
the
plan.
The
board
may
informally
1
attempt
to
resolve
the
complaint
before
initiating
a
contested
2
case
proceeding.
The
bill
authorizes
the
board
to
consolidate
3
similar
complaints
into
one
proceeding.
If
the
board
finds
the
4
franchise
or
contractor
violated
the
plan
or
other
provisions
5
of
Code
chapter
478,
the
board
shall
determine
a
just
and
6
reasonable
resolution
and
order
compliance
with
the
plan
or
7
alternative
agreement.
The
board
may
impose
a
civil
penalty
8
of
not
more
than
$100
per
violation
or
$1,000
per
day
of
a
9
continuing
violation,
whichever
is
greater,
pursuant
to
Code
10
section
478.29.
11
The
bill
does
not
preclude
additional
means
of
land
12
protection
or
restoration
in
addition
to
the
plan,
rules
13
regarding
the
plan,
or
other
written
agreements.
14
The
bill
applies
to
transmission
lines
constructed,
erected,
15
or
installed
on
or
after
the
effective
date
of
the
bill.
16
-4-
LSB
2262XC
(1)
90
es/rn
4/
4
