Yes, it’s altogether possible the CO2 pipeline may be dead!!
The biggest reason for this optimism is that the South Dakota legislature just passed and their governor just signed a bill prohibiting the exercise of eminent domain for constructing or operating a CO2 pipeline. In order to get the CO2 from Iowa to North Dakota where it is to be stored underground, the pipeline must go through South Dakota. This new law means that Summit Carbon’s CO2 pipeline cannot pass through South Dakota.
Summit Carbon could try to reroute their pipeline through Minnesota and get to North Dakota that way but: 1. they wouldn’t be able to get the CO2 from all the ethanol plants in South Dakota, which helps them make money from your taxpayer dollars, and 2. Minnesota has very strict eminent domain laws, much better for protecting private property rights than Iowa has. Summit would find it pretty rough going in Minnesota.
In response Summit has asked the South Dakota Public Utilities Commission to “suspend” their request and extend the deadline “indefinitely”. That indicates they are going to re-think their plans.
Further, the South Dakota Supreme Court has ruled that Summit has not proven it is a common carrier, which is a business that transports passengers or goods for a fee and establishes that their business is open to the public (not a legal definition). Summit has conceded that case and withdrawn rather than appeal.
Practically speaking, it is now nearly impossible to construct a CO2 pipeline in South Dakota.
The federal Pipeline and Hazardous Materials Safety Administration has proposed updated rules that set up a 2-mile danger zone on either side of a CO2 pipeline. But these rules have not been adopted yet.
Meanwhile we keep working as hard as we can to get private property rights protections here in Iowa. Even if the CO2 pipeline project never happens it has pointed out the lack of protection from eminent domain abuse in our law. So we still need to act.
First the bad news: I submitted 9 bills, besides the ones submitted by others, in the Senate and all of them never had a hearing and never moved in the Senate.
Now the good news: In the House things are looking much better. The following bills in the House have passed committee, 6 of which are companions to the ones I submitted in the Senate:
- Common Carrier Bill-HF 939: Under this bill, common carrier is defined and a pipeline company must meet that definition and must also meet the definition of being a “public use”, “public purpose”, or “public improvement”, all by clear and convincing evidence.
- Limitation on Eminent Domain Bill-HF 943: CO2 pipelines are prohibited from using the power of eminent domain in condemnation proceedings.
- Insurance Requirements Bill-HF 639: An CO2 pipeline company wanting a permit for eminent domain must have an insurance policy that will cover all damages from any losses or injury, to include increased insurance costs or the inability to get insurance from the construction or operation, to include a rupture, of the pipeline. The company must either purchase insurance on behalf of or reimburse any person who experiences increased insurance premiums or the inability to obtain insurance due to the construction or presence of the pipeline.
- Judicial Procedures Bill-HF 763: It provides that when the Iowa Utilities Commission (IUC) considers whether private property should be subject to the power of eminent domain, that the affected landowner can petition to the court to determine if it would be a constitutional exercise of the power of eminent domain. This would have to be done before the Commission makes its final decision. This is so landowners would have the chance to avoid much time and effort being spent on preparing for and participation in weeks and months of hearings. A decision of the court could be made ahead of proceedings. However, it should be noted this does not prevent landowners from bringing a lawsuit after a Commission decision regarding the use of eminent domain is made. The bill would also repeal the requirement that a bond be posted to appeal a decision of the Iowa Utilities Commission regarding the exercise of the power of eminent domain. It would probably be harder for individual landowners to come up with the money for a bond than it would be for a company. This is important if a decision comes from the IUC allowing the use of eminent domain because landowners will likely want to appeal that decision.
- Permit Renewal Bill-HF 780: The IUC is prohibited from renewing permits for CO2 pipelines. A CO2 pipeline cannot be permitted to operate for more than 25 years.
- Sanctions Bill-HF 923: The Iowa Utilities Commission (IUC) is prohibited from threatening or imposing sanctions on an intervenor unless they knew the person was dishonest or had committed a crime and had caused actual injury to the IUC.
- Intervenors Bill-HF 944: Those having the right to intervene (besides the affected parties) in any proceeding by the IUC are legislators, county or city elected officials, or any resident with a plausible interest in the proceeding.
- Meeting Attendance Bill-HF 790: This bill requires all members of the commission to be present for hearings related to issues regulated by the commission. Hearings must pause if a member is not available and shall not resume until all members are present. At least 1 member must be present for an informational meeting regarding the issuance of a franchise or permit. Again, hearings must pause if the member is not available and shall not resume until at least 1 member returns.
- Office of Consumer Advocate (OCA) Bill-HF 578: This bill changes the OCA from a division of the Attorney General’s office to an independent agency. The head would be appointed by the governor.
Interesting that all passed with bipartisan support out of committee…..and all passed nearly unanimously out of committee, with only 1 No for most bills. Further, this past week the Office of Consumer Advocate Bill passed out of the entire House unanimously.
Now we need the rest of these to pass out of the House. And then we will work to get these taken up in the Senate. Unless we act, about 850 pieces of land and about 450 farmers and landowners are in danger of easements being foisted on them by Summit Carbon. It may not be you today having your property rights trampled on, but it could be you tomorrow.
Summit and its supporters often say “you can’t change the rules in the middle of the game”. I often think of how Summit is changing the rules in the middle of the landowners’ “game”.
This is the 4th year of fighting for property rights protections for farmers and landowners against eminent domain abuse by more powerful economic interests. This has caused them untold and needless worry and stress over the past 4 years.
Our federal and state constitutions both require a public use in order to use eminent domain and our state law requires that the CO2 pipeline promote the public convenience and necessity. In no way does this project meet these requirements. Nearly 80% of Iowa’s citizens can see this. It took the Iowa Utilities Commission over 500 pages to explain our property rights away.
The time is long past due for the governor and Senate leaders to step aside and let the private property rights protection agenda of We the People receive votes on the floor of not just the House but also the Senate. I believe if we could get true property rights legislation to the floor that it would pass. Let’s get it done!
Passed the Senate
Update to Chronic Absenteeism Law-SF 277: This bill makes some changes to the chronic absenteeism law passed last year based on constituent input. Additional exceptions to the chronic absenteeism law have been added so students will not be considered as truant if they are absent for the following reasons: military entrance processing, engaging in military service, or attending a wedding or a funeral. Travel time must be considered. Notification that a child is chronically absent can be sent by regular mail, email or in-person. If a child is chronically absent, school officials must consider whether the absenteeism has negatively impacted the child’s academic progress before initiating a further meeting with parents.
Patients’ Right to Save Act-SF 319: This bill addresses the rising cost of health care by rewarding patients who shop for more affordable care by requiring cash rate disclosures from all providers, offering deductible credit for lower-cost cash care, and letting patients share in insurance company savings post-deductible.
Emergency Care for Police Dogs-SF 296: Allows emergency care by a veterinary service to diagnose or treat a severely injured police dog.
Assaults on Certain Occupations-SF 397: Provides increased penalties for assaults on public safety-related occupations, such as law enforcement, prison guards, medical providers, HHS employees, Dept. of Inspections and Licensing investigators, and juvenile detention officers. Also adds spitting as a means of assault.
EMS Funding-SF 42: Clarifies that the law that allows tax revenue to be spent for EMS funding which currently includes equipment, vehicles, buildings, and land also includes salaries and wages of EMS providers.
County Supervisor Districts: This bill requires all counties with a Regent university campus (Black Hawk, Johnson, and Story) to elect county supervisors by district, starting with the 2026 election cycle. The Legislative Services Agency will draw new district maps for those counties. Also it is required that vacancies on the county board of supervisors in those counties be filled by special election. All other counties shall fill the vacancy by appointment. This will give a voice to rural communities in Black Hawk, Johnson, and Story counties. It will provide full-time residents of these counties which have large student populations more accurate representation on the board of supervisors. We are trying to mitigate the effects of high student populations, which are generally seasonal instead of permanent residents.
CDL with Hazmat Endorsement-SF 153: Conforms state law to federal and allows CDL drivers 18 years old and older to drive hazmat loads intrastate. Such a driver must have a hazmat endorsement to drive hazmat loads.
Fur Harvester License-SF 253: Creates a lifetime fur harvester license for an Iowa resident who is a disabled veteran.
Gift Card Fraud-SF 266: Creates several new criminal offenses dealing with fraud committed using gift cards.
Open Container-SF 392: Makes illegal having an open container of any beverage containing THC while driving, just as it is already illegal to have an open container with alcohol.
Gambling Activities-SF 395: Makes illegal the gambling activities of account sharing and proxy betting. This is allowing someone else to share your account access and placing bets on behalf of another person with the intent to conceal identity.
Grooming Crime-SF 461: A person convicted of the crime of grooming (crime created in 2024) is required to register as a Tier I sex offender.
