Senate File 249 - Introduced SENATE FILE 249 BY SALMON , CAMPBELL , ALONS , GUTH , TAYLOR , LOFGREN , and WESTRICH A BILL FOR An Act relating to damages incurred due to releases of carbon 1 dioxide from liquefied carbon dioxide pipelines or carbon 2 dioxide facilities and including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1980XS (3) 91 sb/js
S.F. 249 Section 1. NEW SECTION . 479B.34 Carbon dioxide release 1 cause of action. 2 1. For purposes of this section: 3 a. Owner means any person that owns or operates a 4 liquefied carbon dioxide pipeline or carbon dioxide facility or 5 supplies carbon dioxide to a liquefied carbon dioxide pipeline 6 or carbon dioxide facility. 7 b. Victim means any person residing, traveling through, 8 or visiting, or owning or leasing property, equipment, or 9 livestock, within a twenty-five-mile radius from the site of 10 a release of carbon dioxide from a liquefied carbon dioxide 11 pipeline or carbon dioxide facility. 12 2. Any victim shall have standing to commence an action for 13 compensation for any and all damages the victim incurred or is 14 projected to incur due to a release of carbon dioxide from a 15 liquefied carbon dioxide pipeline or carbon dioxide facility. 16 3. A victim shall file a claim under subsection 2 not later 17 than one year after the day the cause of action accrues. 18 4. The owner shall be strictly liable for all compensatory 19 and punitive damages. Any judgment lien imposed as a result of 20 an action brought pursuant to subsection 2 shall have priority 21 over any conflicting security interest or lien, including those 22 perfected prior to the judgment. 23 5. If any owner is involved in bankruptcy or receivership, 24 the trustee, conservator, or court responsible for 25 reorganization or liquidation of the owners assets must 26 hold the assets in trust for the benefit of potential carbon 27 dioxide victim judgment lienholders for a period of one year 28 from the owners last day of controlling the operations of the 29 liquefied carbon dioxide pipeline or carbon dioxide facility or 30 the owners last day of producing carbon dioxide that will be 31 transported through a pipeline or sequestered on the property. 32 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate 33 importance, takes effect upon enactment. 34 EXPLANATION 35 -1- LSB 1980XS (3) 91 sb/js 1/ 2
S.F. 249 The inclusion of this explanation does not constitute agreement with 1 the explanations substance by the members of the general assembly. 2 This bill relates to damages incurred due to the release of 3 carbon dioxide. 4 The bill grants any person residing, traveling through, 5 or visiting, or owning or leasing property, equipment, or 6 livestock, within a 25-mile radius from the site of a release 7 of carbon dioxide from a liquefied carbon dioxide pipeline or 8 carbon dioxide facility standing to bring an action against the 9 owner of a liquefied carbon dioxide pipeline or carbon dioxide 10 facility if carbon dioxide is released from a liquefied carbon 11 dioxide pipeline or carbon dioxide facility. 12 The bill requires the claim to be filed within one year of 13 the incident occurring. 14 The bill imposes strict liability on the owner for all 15 compensatory and punitive damages. The bill provides that any 16 judgment lien for an action brought under the bill has priority 17 over all other security interests or liens. 18 The bill requires any assets held by an owner involved in 19 bankruptcy or receivership to be held in trust for the benefit 20 of potential carbon dioxide victim judgment lienholders for a 21 period of one year from the owners last day of controlling 22 the operations of the liquefied carbon dioxide pipeline or 23 carbon dioxide facility or the owners last day of producing 24 carbon dioxide that will be transported through a pipeline or 25 sequestered on the property. 26 The bill is effective upon enactment. 27 -2- LSB 1980XS (3) 91 sb/js 2/ 2