Bill Text: IA SF2097 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to hazardous liquid pipelines, including the establishment of setbacks and safety regulations, specified utility construction project requirements, pipeline project investor disclosures, voluntary easement negotiation requirements, and provisions for land surveys in connection with hazardous liquid pipeline construction projects, and including effective date and applicability provisions.
Spectrum: Partisan Bill (Republican 9-0)
Status: (Introduced - Dead) 2024-01-31 - Subcommittee: Brown, Bisignano, and Dawson. S.J. 182. [SF2097 Detail]
Download: Iowa-2023-SF2097-Introduced.html
Senate
File
2097
-
Introduced
SENATE
FILE
2097
BY
SALMON
,
GUTH
,
WESTRICH
,
GREEN
,
ALONS
,
EVANS
,
ROWLEY
,
J.
TAYLOR
,
and
LOFGREN
A
BILL
FOR
An
Act
relating
to
hazardous
liquid
pipelines,
including
the
1
establishment
of
setbacks
and
safety
regulations,
specified
2
utility
construction
project
requirements,
pipeline
project
3
investor
disclosures,
voluntary
easement
negotiation
4
requirements,
and
provisions
for
land
surveys
in
connection
5
with
hazardous
liquid
pipeline
construction
projects,
and
6
including
effective
date
and
applicability
provisions.
7
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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DIVISION
I
1
COUNTY
SETBACK
AND
SAFETY
REGULATION
2
Section
1.
Section
331.301,
Code
2024,
is
amended
by
adding
3
the
following
new
subsection:
4
NEW
SUBSECTION
.
23.
Counties
may
adopt
and
enforce
setback
5
and
safety
requirements
for
hazardous
liquid
pipeline
projects
6
that
exceed
state
and
federal
laws
and
regulations.
7
DIVISION
II
8
PIPELINE
PROJECTS
9
Sec.
2.
Section
479.25,
Code
2024,
is
amended
to
read
as
10
follows:
11
479.25
Damages.
12
1.
A
pipeline
company
operating
a
pipeline
or
a
gas
13
storage
area
shall
have
reasonable
access
to
the
pipeline
or
14
gas
storage
area
for
the
purpose
of
constructing,
operating,
15
maintaining,
or
locating
pipes,
pumps,
pressure
apparatus
or
16
other
stations,
wells,
devices,
or
equipment
used
in
or
upon
17
the
pipeline
or
gas
storage
area;
shall
pay
the
owner
of
the
18
land
for
the
right
of
entry
and
the
owner
of
crops
for
all
19
damages
caused
by
entering,
using,
or
occupying
the
land;
and
20
shall
pay
to
the
owner
all
damages
caused
by
the
completion
21
of
construction
of
the
pipeline
due
to
wash
or
erosion
of
the
22
soil
at
or
along
the
location
of
the
pipeline
and
due
to
the
23
settling
of
the
soil
along
and
above
the
pipeline.
However,
24
this
section
shall
not
prevent
the
execution
of
an
agreement
25
between
the
pipeline
company
and
the
owner
of
land
or
crops
26
with
reference
to
the
use
of
the
land.
27
2.
A
claim
for
crop
yield
loss
damages
pursuant
to
this
28
section
shall
not
be
precluded
from
renegotiation
under
section
29
6B.52
on
the
grounds
that
the
damages
were
apparent
at
the
time
30
of
settlement
or
on
the
grounds
that
more
than
five
years
have
31
elapsed
since
the
date
of
the
settlement.
32
Sec.
3.
Section
479A.11,
Code
2024,
is
amended
to
read
as
33
follows:
34
479A.11
Damages.
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1.
A
pipeline
company
operating
pipelines
or
underground
1
storage
shall
be
given
reasonable
access
to
the
pipelines
and
2
storage
areas
for
the
purpose
of
constructing,
operating,
3
maintaining,
or
locating
their
pipes,
pumps,
pressure
4
apparatus,
or
other
stations,
wells,
devices,
or
equipment
used
5
in
or
upon
a
pipeline
or
storage
area,
but
shall
pay
the
owner
6
of
the
lands
for
the
right
of
entry
and
the
owner
of
crops
on
7
the
land
all
damages
caused
by
entering,
using,
or
occupying
8
the
lands
for
these
purposes;
and
shall
pay
to
the
owner
of
the
9
lands,
after
the
completion
of
construction
of
the
pipeline
or
10
storage,
all
damages
caused
by
settling
of
the
soil
along
and
11
above
the
pipeline,
and
wash
or
erosion
of
the
soil
along
the
12
pipeline
due
to
the
construction
of
the
pipeline.
However,
13
this
section
does
not
prevent
the
execution
of
an
agreement
14
with
other
terms
between
the
pipeline
company
and
the
owner
of
15
the
land
or
crops
with
reference
to
their
use.
16
2.
A
claim
for
crop
yield
loss
damages
pursuant
to
this
17
section
shall
not
be
precluded
from
renegotiation
under
section
18
6B.52
on
the
grounds
that
the
damages
were
apparent
at
the
time
19
of
settlement
or
on
the
grounds
that
more
than
five
years
have
20
elapsed
since
the
date
of
the
settlement.
21
Sec.
4.
Section
479B.4,
subsection
1,
Code
2024,
is
amended
22
to
read
as
follows:
23
1.
A
pipeline
company
doing
business
in
this
state
shall
24
file
a
verified
petition
with
the
board
asking
for
a
permit
to
25
construct,
maintain,
and
operate
a
new
pipeline
along,
over,
26
or
across
the
public
or
private
highways,
grounds,
waters,
and
27
streams
of
any
kind
in
this
state.
Any
pipeline
company
now
28
owning
or
operating
a
pipeline
or
underground
storage
facility
29
in
this
state
shall
be
issued
a
permit
by
the
board
upon
30
supplying
the
information
as
provided
for
in
section
479B.5,
31
subsections
1
through
5
,
section
479B.34,
and
meeting
the
32
requirements
of
section
479B.13
.
33
Sec.
5.
Section
479B.4,
Code
2024,
is
amended
by
adding
the
34
following
new
subsections:
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NEW
SUBSECTION
.
7.
The
board
shall
not
issue
a
permit,
or
1
conduct
a
contested
case
proceeding
relating
to
the
issuance
2
of
a
permit,
for
a
liquefied
carbon
dioxide
pipeline
unless,
3
after
January
1,
2024,
the
federal
pipeline
and
hazardous
4
materials
safety
administration
has
provided
new
rules
updating
5
the
safety
standards
for
liquefied
carbon
dioxide
pipelines,
6
including
requirements
related
to
emergency
preparedness
and
7
response.
8
NEW
SUBSECTION
.
8.
A
pipeline
company
must
release
the
9
results
of
all
plume
modeling
studies
that
the
company
has
10
conducted
upon
applying
for
a
permit
that
vests
the
power
of
11
eminent
domain
pursuant
to
this
chapter.
12
Sec.
6.
Section
479B.9,
Code
2024,
is
amended
to
read
as
13
follows:
14
479B.9
Final
order
——
condition.
15
The
board
may
grant
a
permit
in
whole
or
in
part
upon
16
terms,
conditions,
and
restrictions
as
to
location
and
route
17
as
it
determines
to
be
just
and
proper.
A
permit
shall
not
be
18
granted
to
a
pipeline
company
unless
the
board
determines
that
19
the
proposed
services
will
promote
the
public
convenience
and
20
necessity.
The
board
shall
not
grant
a
permit
to
construct
21
a
liquefied
carbon
dioxide
pipeline
unless
such
a
permit
is
22
expressly
conditioned
upon
the
pipeline
company
burying
the
23
pipeline
with
at
least
eight
feet
of
cover
to
allow
for
future
24
drainage
and
obtaining
all
other
applicable
permits,
including
25
federal
and
state
regulatory
permits,
state
and
local
highway
26
and
road
crossing
permits,
and
local
zoning
permits.
27
Sec.
7.
Section
479B.16,
subsection
1,
Code
2024,
is
amended
28
to
read
as
follows:
29
1.
A
pipeline
company
granted
a
pipeline
permit
shall
,
30
subject
to
subsection
4,
be
vested
with
the
right
of
eminent
31
domain,
to
the
extent
necessary
and
as
prescribed
and
approved
32
by
the
board,
not
exceeding
seventy-five
feet
in
width
for
33
right-of-way
and
not
exceeding
one
acre
in
any
one
location
in
34
addition
to
right-of-way
for
the
location
of
pumps,
pressure
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apparatus,
or
other
stations
or
equipment
necessary
to
1
the
proper
operation
of
its
pipeline.
The
board
may
grant
2
additional
eminent
domain
rights
where
the
pipeline
company
3
has
presented
sufficient
evidence
to
adequately
demonstrate
4
that
a
greater
area
is
required
for
the
proper
construction,
5
operation,
and
maintenance
of
the
pipeline
or
for
the
location
6
of
pumps,
pressure
apparatus,
or
other
stations
or
equipment
7
necessary
to
the
proper
operation
of
its
pipeline.
A
pipeline
8
company
seeking
rights
under
this
section
is
subject
to
9
requirements
of
section
479B.35.
10
Sec.
8.
Section
479B.16,
Code
2024,
is
amended
by
adding
the
11
following
new
subsections:
12
NEW
SUBSECTION
.
4.
The
board
shall
not
grant
a
liquefied
13
carbon
dioxide
pipeline
company
the
right
of
eminent
domain
14
under
this
chapter
for
an
interstate
hazardous
liquid
pipeline
15
project
unless
the
company
acquires
at
least
ninety
percent
16
of
the
affected
parcels
and
ninety
percent
of
the
pipeline
17
project’s
total
distance
through
voluntary
easements
or
through
18
preexisting
easements.
The
company
shall
submit
regular
19
reports
on
its
progress
in
acquiring
voluntary
easements
as
20
determined
by
the
board.
21
NEW
SUBSECTION
.
5.
The
board
shall
not
grant
a
liquefied
22
carbon
dioxide
pipeline
company
the
right
of
eminent
domain
23
under
this
chapter
for
an
interstate
hazardous
liquid
pipeline
24
project
unless
the
company
first
acquires
all
applicable
25
pipeline
construction
and
zoning
permits
from
the
other
states
26
the
project
will
be
constructed
in.
27
Sec.
9.
Section
479B.20,
subsection
5,
Code
2024,
is
amended
28
to
read
as
follows:
29
5.
If
the
pipeline
company
or
its
contractor
does
not
30
comply
with
the
requirements
of
this
section
,
with
the
land
31
restoration
plan
or
line
location,
or
with
an
independent
32
agreement
on
land
restoration
executed
in
accordance
with
33
subsection
10
,
the
county
board
of
supervisors
or
a
landowner
34
may
petition
the
board
for
an
order
requiring
corrective
action
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to
be
taken.
In
addition,
the
county
board
of
supervisors
1
or
a
landowner
may
file
a
complaint
with
the
board
seeking
2
imposition
of
civil
penalties
under
section
479B.21
.
A
3
landowner
may
supply
a
copy
of
the
complaint
to
the
county
4
board
of
supervisors
where
the
complaint
originated.
5
Sec.
10.
Section
479B.20,
Code
2024,
is
amended
by
adding
6
the
following
new
subsection:
7
NEW
SUBSECTION
.
13.
For
the
purposes
of
this
section,
8
“landowner”
also
includes
a
farm
tenant.
9
Sec.
11.
Section
479B.29,
Code
2024,
is
amended
to
read
as
10
follows:
11
479B.29
Particular
damage
claims.
12
1.
Compensable
losses
shall
include
,
but
are
not
limited
to
,
13
all
of
the
following:
14
a.
Loss
or
reduced
yield
of
crops
or
forage
on
the
pipeline
15
right-of-way,
whether
caused
directly
by
construction
or
from
16
disturbance
of
usual
farm
operations.
17
b.
Loss
or
reduced
yield
of
crops
or
yield
from
land
near
18
the
pipeline
right-of-way
resulting
from
lack
of
timely
access
19
to
the
land
or
other
disturbance
of
usual
farm
operations,
20
including
interference
with
irrigation
or
drainage
.
21
c.
Fertilizer,
lime,
or
organic
material
applied
by
the
22
landowner
to
restore
land
disturbed
by
construction
to
full
23
productivity.
24
d.
Loss
of
or
damage
to
trees
of
commercial
or
other
value
25
that
occurs
at
the
time
of
construction,
restoration,
or
at
the
26
time
of
any
subsequent
work
by
the
pipeline
company.
27
e.
The
cost
of
or
losses
in
moving
or
relocating
livestock,
28
and
the
loss
of
gain
by
or
the
death
or
injury
of
livestock
29
caused
by
the
interruption
or
relocation
of
normal
feeding.
30
f.
Erosion
and
soil
compaction
on
lands
attributable
to
31
pipeline
construction.
32
g.
Damage
to
farm
equipment
caused
by
striking
a
pipeline,
33
debris,
or
other
material
reasonably
associated
with
pipeline
34
construction
while
engaged
in
normal
farming
operations
as
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defined
in
section
480.1
.
1
h.
Damage
to
soil
or
water
conservation
structures
caused
2
by
construction,
restoration,
or
subsequent
work
by
the
3
pipeline
company
including
but
not
limited
to
terraces,
grassed
4
waterways,
water
and
sediment
control
basins,
ponds,
saturated
5
buffers,
and
biofilters.
6
i.
Damage
to
irrigation
or
drainage
systems
caused
by
7
construction,
restoration,
or
subsequent
work
by
the
pipeline
8
company.
9
2.
A
claim
for
damage
for
future
crop
deficiency
within
10
the
easement
strip
damages
incurred
under
this
section
shall
11
not
be
precluded
from
renegotiation
under
section
6B.52
on
the
12
grounds
that
it
was
apparent
at
the
time
of
settlement
unless
13
the
settlement
expressly
releases
the
pipeline
company
from
14
claims
for
damage
to
the
productivity
of
the
soil
or
on
the
15
grounds
that
more
than
five
years
have
elapsed
since
the
date
16
of
the
settlement
.
The
landowner
shall
notify
the
pipeline
17
company
in
writing
fourteen
days
prior
to
harvest
in
each
year
18
to
assess
crop
deficiency.
19
3.
For
the
purposes
of
this
section,
“landowner”
also
20
includes
a
farm
tenant.
21
4.
A
landowner
that
incurred
damage
under
this
section
is
22
eligible
for
compensation
for
damages.
A
landowner
may
file
an
23
action
for
relief
against
a
pipeline
company
in
small
claims
24
or
district
court
for
a
violation
of
this
section
or
pursue
25
remedies
under
section
479B.30,
subsection
7.
26
Sec.
12.
Section
479B.30,
subsection
7,
Code
2024,
is
27
amended
to
read
as
follows:
28
7.
As
used
in
this
section
,
“damages”
:
29
a.
“Damages”
means
compensation
for
damages
to
the
land,
30
crops,
and
other
personal
property
caused
by
the
construction
31
of
a
pipeline
and
its
attendant
structures
or
underground
32
storage
facility
but
does
not
include
compensation
for
a
33
property
interest
,
and
“landowner”
.
34
b.
“Landowner”
includes
a
farm
tenant.
35
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Sec.
13.
NEW
SECTION
.
479B.34
Investor
disclosures
seeking
1
the
right
of
eminent
domain.
2
A
pipeline
company
seeking
the
right
of
eminent
domain
for
a
3
pipeline
project
shall
include
in
its
permit
application
all
4
of
the
following:
5
1.
The
names
of
all
planned
pipeline
project
investors.
6
2.
The
home
addresses
of
all
planned
pipeline
project
7
investors.
8
3.
Each
investor’s
range
of
planned
monetary
investment
as
9
follows:
10
a.
Between
one
and
nine
thousand
nine
hundred
ninety-nine
11
dollars.
12
b.
Between
ten
thousand
and
forty-nine
thousand
nine
hundred
13
ninety-nine
dollars.
14
c.
Between
fifty
thousand
and
ninety-nine
thousand
nine
15
hundred
ninety-nine
dollars.
16
d.
Between
one
hundred
thousand
and
four
hundred
ninety-nine
17
thousand
nine
hundred
ninety-nine
dollars.
18
e.
Between
five
hundred
thousand
and
nine
hundred
19
ninety-nine
thousand
nine
hundred
ninety-nine
dollars.
20
f.
At
least
one
million
dollars.
21
Sec.
14.
NEW
SECTION
.
479B.35
Voluntary
easement
22
negotiation
requirements.
23
1.
A
pipeline
company
intending
to
apply
for
a
permit
under
24
section
479B.4
and
seeking
a
voluntary
easement
agreement
from
25
a
landowner
shall
not
engage
in
easement
negotiation
unless
26
prior
signed,
witnessed,
and
notarized
written
permission
is
27
granted
from
each
affected
landowner.
28
2.
If
consent
pursuant
to
subsection
1
is
granted,
29
contact
between
the
company
or
its
land
agents
and
affected
30
landowners
shall
not
exceed
two
written,
verbal,
or
electronic
31
communications
per
month
unless
signed,
witnessed,
and
32
notarized
written
permission
to
exceed
two
communications
from
33
each
affected
landowner
is
granted.
34
3.
A
violation
of
this
section
shall
be
reported
to
the
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board.
The
board
shall
set
a
public
hearing
for
each
violation
1
or
set
of
violations
alleged
by
affected
landowners.
2
4.
Upon
a
finding
of
a
violation
of
this
section,
the
board
3
shall
order
a
one
thousand
dollar
fine
per
violation.
The
fine
4
shall
be
remitted
to
the
affected
landowner.
5
5.
An
affected
landowner
shall
have
a
cause
of
action
6
against
a
pipeline
company
in
violation
of
this
section.
7
Sec.
15.
REPEAL.
Section
479B.15,
Code
2024,
is
repealed.
8
Sec.
16.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
9
deemed
of
immediate
importance,
takes
effect
upon
enactment.
10
Sec.
17.
APPLICABILITY.
This
division
of
this
Act
applies
11
to
all
applications
for
a
permit
to
construct
a
pipeline
12
pursuant
to
chapter
479B
filed
with
the
Iowa
utilities
board
13
on
or
after
July
1,
2021,
and
to
permits
issued
on
or
after
the
14
effective
date
of
this
division
of
this
Act.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
This
bill
relates
to
hazardous
liquid
pipelines,
including
19
the
establishment
of
setbacks
and
safety
regulations,
easement
20
requirements
for
utilities
and
landowner
rights
regarding
21
pipeline
construction,
voluntary
easement
negotiation
22
requirements,
surveys
in
connection
with
hazardous
liquid
23
pipeline
projects,
pipeline
project
investor
disclosures,
and
24
provisions
relating
to
entry
of
land.
25
The
bill
allows
counties
to
adopt
setback
and
safety
26
requirements
for
hazardous
liquid
pipeline
projects
that
exceed
27
the
protections
afforded
in
state
and
federal
laws.
28
The
bill
provides
that
the
Iowa
utilities
board
(board)
29
shall
not
issue
a
permit
for
a
liquefied
carbon
dioxide
30
pipeline
until
the
federal
pipeline
and
hazardous
materials
31
safety
administration
provides
new
rules
updating
the
safety
32
standards
for
liquefied
carbon
dioxide
pipelines.
The
bill
33
also
provides
that
the
board
shall
not
grant
a
permit
to
34
construct
a
liquefied
carbon
dioxide
pipeline
unless
the
permit
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is
conditioned
upon
the
pipeline
company
(company)
burying
the
1
pipeline
with
at
least
eight
feet
of
cover
to
allow
for
future
2
drainage
and
obtaining
all
other
applicable
permits,
including
3
federal
and
state
regulatory
permits,
state
and
local
highway
4
and
road
crossing
permits,
and
local
zoning
permits.
The
5
company
must
release
the
results
of
any
plume
modeling
studies
6
upon
applying
for
a
permit
that
vests
the
company
with
the
7
power
of
eminent
domain.
8
The
bill
requires
a
company
seeking
to
use
eminent
domain
9
to
first
acquire
at
least
90
percent
of
the
affected
parcels
10
and
90
percent
of
the
pipeline
project’s
total
distance
through
11
voluntary
easements
or
through
preexisting
easements.
The
12
bill
prohibits
the
board
from
granting
a
company
the
right
of
13
eminent
domain
for
an
interstate
hazardous
liquid
pipeline
14
project
unless
the
company
first
acquires
all
applicable
15
pipeline
construction
and
zoning
permits
from
the
other
states
16
the
project
will
be
constructed
in.
17
The
bill
allows
a
landowner
to
file
a
complaint
with
the
18
board
and
to
notify
the
relevant
county
board
of
supervisors
of
19
a
violation
of
land
restoration
standards.
The
bill
expands
20
the
meaning
of
“landowner”
under
Code
section
479B.20
to
21
include
a
farm
tenant.
22
The
bill
expands
damages
that
constitute
compensable
23
loss
under
Code
section
479B.29
to
include
soil
compaction,
24
damage
to
soil
or
water
conservation
structures,
and
damage
25
to
irrigation
or
drainage
systems,
and
adds
“farm
tenant”
to
26
the
definition
of
“landowner”.
The
bill
expands
the
claims
a
27
landowner
can
bring
and
receive
compensation
for
to
include
any
28
identifiable
compensable
loss
resulting
from
pipeline
activity.
29
A
landowner
may
file
an
action
for
relief
in
small
claims
30
or
district
court
against
a
company
for
a
violation
of
Code
31
section
479B.29.
32
The
bill
modifies
the
definition
of
damages
for
purposes
33
of
construction
damages
under
Code
section
479B.30
to
include
34
compensable
losses
listed
under
Code
section
479B.29.
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The
bill
requires
a
company
applying
for
a
permit
and
1
negotiating
a
voluntary
easement
to
first
acquire
signed,
2
witnessed,
and
notarized
written
permission
from
an
affected
3
landowner.
Upon
consent
being
granted,
a
company
or
company’s
4
agents
shall
not
exceed
two
communications
per
month
with
a
5
landowner
unless
the
landowner
waives
the
restriction
through
6
written
permission.
Violations
of
the
bill
shall
be
reported
7
to
the
board,
which
shall
set
a
public
hearing.
If
the
board
8
finds
a
violation
has
occurred,
the
board
shall
fine
the
9
company
$1,000
per
violation
and
collect
and
deliver
the
amount
10
to
the
affected
landowner.
11
The
bill
provides
an
affected
landowner
a
cause
of
action
12
against
a
company
in
violation
of
the
provisions
of
the
bill.
13
The
bill
provides
that
a
company
seeking
eminent
domain
14
rights
shall
include
investor
information
in
the
application
15
for
a
permit
submitted
to
the
utilities
board.
The
permit
16
application
shall
include
the
names
and
home
addresses
of
all
17
planned
pipeline
investors
and
the
range
of
planned
investment
18
per
investor
as
indicated
in
a
range
from
$l
to
$9,999,
$10,000
19
to
$49,999,
$50,000
to
$99,999,
$100,000
to
$499,999,
$500,000
20
to
$999,999,
or
$1
million
or
more.
21
The
bill
removes
a
provision
allowing
a
company
to
enter
upon
22
private
land
for
the
purpose
of
surveying
and
examining
the
23
land
by
giving
10
days’
written
notice
to
a
landowner.
24
Division
II
of
the
bill
takes
effect
upon
enactment.
25
Division
II
of
the
bill
applies
retroactively
to
all
26
applications
for
a
permit
to
construct
a
pipeline
pursuant
to
27
Code
chapter
479B
filed
with
the
board
on
or
after
July
1,
28
2021.
Division
II
of
the
also
bill
applies
to
permits
issued
29
by
the
board
on
or
after
the
effective
date
of
the
division.
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