Iowa SF 2427: A bill for an act providing a limitation on civil or criminal liability for any alleged actual or potential effect on climate caused wholly or partly by a greenhouse gas emission.

Bill Text

Senate
File
2427
-
Introduced

SENATE
FILE
2427

BY
COMMITTEE
ON
AGRICULTURE

(SUCCESSOR
TO
SSB
3133)

A
BILL
FOR

An
Act
providing
a
limitation
on
civil
or
criminal
liability
1

for
any
alleged
actual
or
potential
effect
on
climate
caused
2

wholly
or
partly
by
a
greenhouse
gas
emission.
3

BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4

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Section
1.
NEW
SECTION
.
673B.1
Definitions.
1

As
used
in
this
chapter,
unless
the
context
otherwise
2

requires:
3

1.
“Agricultural
source”
means
a
location
where
an
4

agricultural
commodity,
including
a
farm
animal
or
farm
crop
as
5

defined
in
section
673A.3,
is
produced,
stored,
or
processed.
6

2.
“Greenhouse
gas”
means
a
gas
derived
from
human
activity
7

or
a
natural
source
that
is
any
of
the
following:
8

a.
Originating
from
any
of
the
following:
9

(1)
An
agricultural
source.
10

(2)
A
renewable
fuel
source.
11

b.
Any
of
the
following
gases:
12

(1)
Carbon
dioxide.
13

(2)
Hydrofluorocarbons.
14

(3)
Methane.
15

(4)
Nitrogen
trifluoride.
16

(5)
Nitrous
oxide.
17

(6)
Sulfur
hexafluoride.
18

(7)
Perfluorocarbons.
19

3.
“Regulatory
authority”
means
the
department
of
natural
20

resources
or
a
federal
agency
regulating
greenhouse
gas
21

emissions,
including
the
United
States
environmental
protection
22

agency.
23

4.
“Renewable
fuel
source”
means
a
location
where
renewable
24

fuel,
as
defined
in
section
214A.1,
is
manufactured,
stored,
25

or
dispensed.
26

Sec.
2.
NEW
SECTION

.
673B.2
Action
based
on
climate
——
27

limitation
on
liability.
28

1.
Subject
to
section
673B.3,
in
any
civil
or
criminal
29

action,
a
defendant
is
not
liable,
and
is
not
subject
to
30

any
judicial
remedy,
under
any
principle
of
law
or
equity,
31

for
damages
or
injury
from
any
alleged
actual
or
potential
32

effect
on
climate
caused
wholly
or
partly
by
a
greenhouse
gas
33

emission.

34

2.
Subsection
1
applies
regardless
of
the
civil
or
criminal
35

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action
brought
or
type
of
relief
sought,
whether
legal
or
1

equitable.
2

3.
A
person
bringing
a
civil
or
criminal
action
that
alleges
3

damages
or
injury
as
described
in
subsection
1
must
do
all
of
4

the
following:
5

a.
Specify
each
greenhouse
gas
emitted
by
the
defendant
that
6

as
asserted
gives
rise
to
the
civil
or
criminal
action.
7

b.
Show
by
clear
and
convincing
evidence
that
unavoidable
8

and
identifiable
damage
or
injury
has
resulted
or
will
9

result
as
a
direct
cause
of
the
defendant’s
violation
of
an
10

enforceable
statutory
limitation
or
restriction
or
a
valid,
11

enforceable
operating,
air,
or
other
permit
issued
to
the
12

defendant
by
a
regulatory
authority.
13

Sec.
3.
NEW
SECTION

.
673B.3
Action
based
on
climate
——
14

applicability.
15

Section
673B.2
applies
unless
the
district
court
in
the
16

civil
or
criminal
case
finds
by
clear
and
convincing
evidence
17

that
the
defendant
has
violated
any
of
the
following:
18

1.
An
enforceable
statutory
limitation
or
restriction
19

governing
the
emission
of
a
specific
greenhouse
gas
originating
20

within
this
state.
21

2.
An
express
term
of
a
valid,
enforceable
operating,
22

air,
or
other
permit
issued
to
the
defendant
by
a
regulatory
23

authority
that
has
jurisdiction
over
the
defendant’s
greenhouse
24

gas
emissions.
25

Sec.
4.
NEW
SECTION

.
673B.4
Statutory
construction.
26

This
chapter
shall
not
be
construed
to
create
either
a
right
27

to
bring
any
civil
or
criminal
action,
or
a
judicial
remedy,
28

under
any
principle
of
law
or
equity,
based
on
the
potential
29

effect
on
climate
caused
wholly
or
partly
by
a
greenhouse
gas
30

emission.
31

EXPLANATION
32

The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33

the
explanation’s
substance
by
the
members
of
the
general
assembly.
34

This
bill
limits
civil
or
criminal
liability
arising
from
35

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any
alleged
actual
or
potential
effect
on
climate
caused
wholly
1

or
partly
by
a
greenhouse
gas
emission
attributable
to
a
2

defendant.
A
greenhouse
gas
includes
a
gas
originating
from
an
3

agricultural
or
renewable
fuel
source,
or
a
number
of
specific
4

gases,
including
carbon
dioxide,
hydrofluorocarbons,
methane,
5

nitrogen
trifluoride,
nitrous
oxide,
sulfur
hexafluoride,
or
6

a
perfluorocarbon.
In
a
civil
or
criminal
action,
a
district
7

court
must
find
by
clear
and
convincing
evidence
that
the
8

defendant
violated:
(1)
an
enforceable
statutory
limitation
9

or
restriction
governing
the
emission
of
a
specific
greenhouse
10

gas
originating
in
the
state,
or
(2)
an
express
term
of
11

an
operating,
air,
or
other
permit
issued
to
the
defendant
12

by
the
department
of
natural
resources
or
a
federal
agency
13

(e.g.,
United
States
environmental
protection
agency).
The
14

bill
provides
that
its
provisions
are
not
to
be
construed
as
15

creating
a
right
to
bring
a
civil
or
criminal
action
or
a
16

judicial
remedy.
17

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