Bill Text: IA HF63 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act requiring an environmental impact assessment under specified circumstances prior to the granting of a permit to construct, maintain, or operate a hazardous liquid pipeline, and including effective date provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-01-26 - Subcommittee: Cownie, Grassley and Jacoby. H.J. 130. [HF63 Detail]
Download: Iowa-2017-HF63-Introduced.html
House File 63 - Introduced HOUSE FILE BY ISENHART A BILL FOR 1 An Act requiring an environmental impact assessment under 2 specified circumstances prior to the granting of a permit to 3 construct, maintain, or operate a hazardous liquid pipeline, 4 and including effective date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1335YH (4) 87 gh/sc PAG LIN 1 1 Section 1. Section 479B.9, Code 2017, is amended to read as 1 2 follows: 1 3 479B.9 Final order ==conditionconditions. 1 4 1. The board may grant a permit in whole or in part upon 1 5 terms, conditions, and restrictions as to location and route, 1 6 and upon terms, conditions, and restrictions based on the 1 7 results of the environmental impact assessment if required 1 8 pursuant to section 479B.9A, as it determines to be just and 1 9 proper. 1 10 2. A permit shall not be granted to a pipeline company 1 11 unless the board determines that the proposed services will 1 12 promote the public convenience and necessity and unless the 1 13 environmental impact assessment conducted pursuant to section 1 14 479B.9A, if required, estimates that the environmental impact 1 15 resulting from constructing, maintaining, and operating the 1 16 pipeline will be minimal. 1 17 Sec. 2. NEW SECTION. 479B.9A Environmental impact 1 18 assessment ==== when required ==== preparation. 1 19 1. An assessment of the environmental impact estimated to 1 20 result from the construction, maintenance, and operation of a 1 21 pipeline shall be conducted as provided in subsection 2. The 1 22 assessment shall be conducted by a third party contracted with 1 23 by the applicant and submitted to the board for approval prior 1 24 to the assessment taking place. 1 25 2. An environmental impact assessment shall be required 1 26 as provided in this subsection for permits for a pipeline to 1 27 be constructed on or after the effective date of this Act. 1 28 An assessment shall be required if requested by the board 1 29 upon review of the petition submitted pursuant to section 1 30 479B.5, or if the board receives a request for an assessment 1 31 from any combination of three or more counties or soil and 1 32 water conservation districts through which the pipeline is 1 33 proposed to pass, which may include one or more counties or 1 34 districts through which the pipeline is not proposed to pass 1 35 but which are part of a watershed management authority with a 2 1 county or district through which the pipeline is proposed to 2 2 pass. Requests from a county and a soil and water conservation 2 3 district that share geographical jurisdiction shall be 2 4 considered one request. 2 5 Sec. 3. Section 479B.10, Code 2017, is amended to read as 2 6 follows: 2 7 479B.10 Costs and fees. 2 8 The applicant shall pay all costs of the informational 2 9 meetings, environmental impact assessment, hearing, and 2 10 necessary preliminary investigation, including the cost 2 11 of publishing notice of hearing, and shall pay the actual 2 12 unrecovered costs directly attributable to inspections 2 13 conducted by the board. 2 14 Sec. 4. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 2 15 immediate importance, takes effect upon enactment. 2 16 EXPLANATION 2 17 The inclusion of this explanation does not constitute agreement with 2 18 the explanation's substance by the members of the general assembly. 2 19 This bill requires an environmental impact assessment under 2 20 specified circumstances prior to the granting of a permit to 2 21 construct, maintain, or operate a hazardous liquid pipeline. 2 22 Currently, Code chapter 479B provides that the Iowa 2 23 utilities board may grant a permit to construct, maintain, and 2 24 operate a hazardous liquid pipeline in whole or in part upon 2 25 terms, conditions, and restrictions as to location and route 2 26 as the board determines to be just and proper. The bill adds 2 27 that the utilities board may, when issuing a permit, impose 2 28 terms, conditions, and restrictions based on the results of an 2 29 environmental impact assessment if an assessment is required 2 30 to be conducted. The bill provides that, in addition to other 2 31 factors, a permit shall not be granted to a pipeline company 2 32 unless the environmental impact assessment, if required, 2 33 estimates that the environmental impact resulting from 2 34 constructing, maintaining, and operating the pipeline will be 2 35 minimal. 3 1 The bill provides that an environmental impact assessment 3 2 shall be required under specified circumstances for permits for 3 3 a pipeline to be constructed on or after the effective date 3 4 of the bill. The bill provides that an assessment shall be 3 5 required if requested by the board upon review of the petition 3 6 for a permit submitted by an applicant or if the board receives 3 7 a request for an assessment from any combination of three or 3 8 more counties or soil and water conservation districts through 3 9 which the pipeline is proposed to pass, which may include 3 10 one or more counties or districts through which the pipeline 3 11 is not proposed to pass but which are part of a watershed 3 12 management authority within a county or district through which 3 13 the pipeline is proposed to pass. Requests from a county and a 3 14 soil and water conservation district that share geographical 3 15 jurisdiction shall be considered one request. 3 16 The bill provides that an assessment shall be conducted by a 3 17 third party contracted with by the applicant and submitted to 3 18 the board for approval prior to the assessment taking place, 3 19 and that the applicant shall pay all costs of the assessment. 3 20 The bill takes effect upon enactment. LSB 1335YH (4) 87 gh/sc
