Iowa HF 639: A bill for an act relating to the calculation of certain court costs in probate matters, and including applicability provisions. (Formerly HF 252 & HSB 28.)

Bill Text

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