Iowa Admin. Code r. 199-10.2 - Informational meetings
Informational meetings shall be held for any proposed pipeline project five miles or more in length, including both the current project and future anticipated extensions, and which is to be operated at a pressure in excess of 150 pounds per square inch. A separate informational meeting shall be held in each county in which real property or property rights would be affected.
(1)
Time frame for
holding meeting. Informational meetings shall be held not less than 30
days nor more than two years prior to the filing of the petition for pipeline
permit.
(2)
Facilities. A pipeline company shall be responsible for all
negotiations and compensation for a suitable facility to be used for each
informational meeting, including but not limited to a building or facility
which is in substantial compliance with any applicable requirements of the
Americans with Disabilities Act Standards for Accessible Design, including both
the Title III regulations at 28 CFR Part 36 , Subpart D, and the 2004 Americans
with Disabilities Act Accessibility Guidelines at 36 CFR Part 1191 , Appendices
B and D, where such a building or facility is reasonably available.
(3)
Location. The
informational meeting location shall be reasonably accessible to all persons
who may be affected by the granting of a permit or who have an interest in the
proposed pipeline.
(4)
Board approval. A pipeline company proposing to schedule an
informational meeting shall file a request to schedule the informational
meeting and shall include a proposed time and date for the informational
meeting, an alternate time and date, and a description of the proposed project
and route. The pipeline company shall be notified within ten days of the filing
of the request whether the request is approved or alternate times and dates are
required. Once a date and time for the informational meeting have been
approved, the pipeline company shall file the location of the informational
meeting and a copy of the pipeline company's presentation with the
board.
(5)
Notices. Announcement by mailed and published notice of each
informational meeting shall be given to persons as listed on the tax assessment
rolls as responsible for payment of real estate taxes imposed on the property
and those persons in possession of or residing on the property in the corridor
in which the pipeline company intends to seek easements.
a. The notice shall include the following:
(1) The name of the pipeline
company;
(2) The pipeline company's
principal place of business;
(3)
The general description and purpose of the proposed project;
(4) The general nature of the right-of-way
desired;
(5) The possibility that
the right-of-way may be acquired by condemnation if approved by the
board;
(6) A map showing the route
of the proposed project;
(7) A
description of the process used by the board in making a decision on whether to
approve a permit, including the right to take property by eminent
domain;
(8) That the landowner and
any other affected person have a right to be present at the meeting and to file
objections with the board;
(9)
Designation of the time, date and place of the meeting;
(10) A copy of the statement of damage claims
as required by paragraph 10.3(3)"b" ; and
(11) The following statement: Persons with
disabilities requiring assistive services or devices to observe or participate
should contact the Utilities Board at (515)725-7300 in advance of the scheduled
date to request accommodations.
b. The pipeline company shall cause a written
copy of the meeting notice to be served, by certified United States mail with
return receipt requested, on all persons as listed on the tax assessment rolls
as responsible for payment of real estate taxes imposed on the property and
persons in possession of or residing on the property whose addresses are known.
The certified meeting notice shall be deposited in the United States mail not
less than 30 days prior to the date of the meeting.
c. The pipeline company shall cause the
meeting notice, including the map, to be published once in a newspaper of
general circulation in each county where the pipeline is proposed to be located
at least one week and not more than three weeks prior to the date of the
meeting. Publication shall be considered as notice to persons listed on the tax
assessment rolls as responsible for paying the real estate taxes imposed on the
property whose addresses are not known, provided a good-faith effort to obtain
the addresses can be demonstrated by the pipeline company. The maps used in the
published notice shall clearly delineate the pipeline route.
d. The pipeline company shall file prior to
the informational meeting an affidavit that describes the good-faith effort the
pipeline company undertook to locate the addresses of all affected persons. The
affidavit shall be signed by a corporate officer or an attorney representing
the pipeline company.
(6)
Personnel. The pipeline
company shall provide qualified personnel to present the following information
at the informational meeting:
a. Service
requirements and planning which have resulted in the proposed
project.
b. When the pipeline will
be constructed.
c. In general
terms, the elements involved in pipeline construction.
d. In general terms, the rights which the
pipeline company will seek to acquire through easements.
e. Procedures to be followed in contacting
the affected persons for specific negotiations in acquiring voluntary
easements.
f. Methods and factors
used in arriving at an offered price for voluntary easements, including the
range of cash amount for each component.
g. Manner in which voluntary easement
payments are made, including discussion of conditional easements, signing fees
and time of payment.
h. Other
factors or damages not included in the easement for which compensation is made,
including features of interest to affected persons but not limited to
computation of amounts and manner of payment.
(7)
Notice to county board of
supervisors. The pipeline company shall send notice of the request for
an informational meeting to the county board of supervisors in each county
where the pipeline is proposed to be located. The pipeline company shall
request from the board of supervisors the name of the county inspector, a
professional engineer who shall conduct the on-site inspection required in Iowa
Code section
479.29(2).
The pipeline company shall provide the name and contact information of the
county inspector to the landowners and other affected persons at the meeting,
if known.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.