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Bill > HF413
IA HF413
IA HF413A bill for an act relating to damages incurred due to releases of carbon dioxide from liquefied carbon dioxide pipelines or carbon dioxide facilities and including effective date provisions.
summary
Introduced
02/13/2025
02/13/2025
In Committee
02/13/2025
02/13/2025
Crossed Over
Passed
Dead
Introduced Session
91st General Assembly
Bill Summary
This bill relates to damages incurred due to the release of carbon dioxide. The bill grants any person residing, traveling through, or visiting, or owning or leasing property, equipment, or livestock, within a 25-mile radius from the site of a release of carbon dioxide from a liquefied carbon dioxide pipeline or carbon dioxide facility standing to bring an action against the owner of a liquefied carbon dioxide pipeline or carbon dioxide facility if carbon dioxide is released from a liquefied carbon dioxide pipeline or carbon dioxide facility. The bill requires the claim to be filed within one year of the incident occurring. The bill imposes strict liability on the owner for all compensatory and punitive damages. The bill provides that any judgment lien for an action brought under the bill has priority over all other security interests or liens. The bill requires any assets held by an owner involved in bankruptcy or receivership to be held in trust for the benefit of potential carbon dioxide victim judgment lienholders for a period of one year from the owner’s last day of controlling the operations of the liquefied carbon dioxide pipeline or carbon dioxide facility or the owner’s last day of producing carbon dioxide that will be transported through a pipeline or sequestered on the property. The bill takes effect upon enactment.
AI Summary
This bill establishes new legal provisions for damages related to carbon dioxide (CO2) releases from liquefied carbon dioxide pipelines or facilities in Iowa. The bill defines a "victim" as any person within 25 miles of a CO2 release who resides, travels, or owns property or livestock in that area, and grants such individuals the right to sue the pipeline or facility owner for damages. Victims must file their claim within one year of the incident, and the bill imposes strict liability on the owner, meaning they are responsible for compensatory and punitive damages regardless of fault. Notably, any judgment lien resulting from such an action will take priority over other existing liens or security interests. In cases where the owner is involved in bankruptcy or receivership, the bill requires that assets be held in trust for potential victim judgment lienholders for one year from the owner's last day of operational control or CO2 production. The bill takes effect immediately upon enactment, reflecting its perceived urgency and importance in providing legal recourse for potential CO2 release victims.
Committee Categories
Justice
Sponsors (1)
Last Action
Introduced, referred to Judiciary. H.J. 328. (on 02/13/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.legis.iowa.gov/legislation/BillBook?ga=91&ba=HF413 |
| BillText | https://www.legis.iowa.gov/docs/publications/LGI/91/attachments/HF413.html |
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