Latest news with #IowaUtilitiesCommission
Yahoo
09-06-2025
- Business
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Iowa Landowners Fight Seizure of Private Property for a Pipeline
A privately owned company is proposing a pipeline across five states. While some of the state governments appear to be on board, the project is facing backlash from a large and formidable population: property owners. The pipeline, known as Summit Carbon Solutions, would span 2,500 miles and transport carbon dioxide (CO2) captured at 57 ethanol plants in Iowa, Minnesota, Nebraska, and the Dakotas to a permanent underground storage site in North Dakota. Construction of the $9 billion pipeline is expected to begin this year, with operations kicking off in 2026. In June 2024, the project received regulatory approval from the Iowa Utilities Commission, despite landowner protests. Julie Glade and her husband, Paul, are Iowans who oppose the project because of its use of eminent domain. Their property aligns with the proposed route, and in 2022 the couple was visited by a land agent. "The guy who came to our door wanted us to sit down and sign it without reading it," Glade tells Reason. "They swooped in and tried to contact as many people as possible right away before the people knew what the consequences were. It's very unethical." Several other landowners in the state share the Glades' worries. During a hearing conducted by the Iowa Utility Commission, landowner Joan Gaul testified against the pipeline, which she said would cross a large portion of her farmland. Gaul said Summit Carbon Solutions mailed two easements, which would give the pipeline a legal right to her land, to her without notice. "This letter came telling us about taking our land using eminent domain. It was a difficult pill to swallow," she said. Gaul said she didn't accept the easements and has indicated that she will continue to fight the project. The Glades visit the Iowa Capitol nearly every week to voice their opposition to the pipeline. They are joined by what the couple calls a diverse coalition united by their concern for the basic constitutional right to land ownership. "We have MAGA Republicans and we have lefties. We put our differences aside and we work together," she says. The Glades' efforts could soon pay off. In May the state Senate passed House File 639, which would prevent CO2 pipelines from using eminent domain unless the company proves the pipeline meets the definition of public use. The bill would also prevent CO2 pipelines from operating longer than 25 years. The bill is awaiting the signature of Republican Gov. Kim Reynolds, who is reportedly weighing opinions from pipeline supporters and detractors. If passed, the bill would represent a significant win for the rights of Iowa property owners. It would also be the latest setback for the Summit Carbon Solutions project. After the company launched a blitz of eminent domain lawsuits in South Dakota, Republican Gov. Larry Rhoden signed a bill into law in March preventing carbon dioxide pipelines from receiving eminent domain permission in the state. The post Iowa Landowners Fight Seizure of Private Property for a Pipeline appeared first on
Yahoo
05-06-2025
- Business
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A legacy-defining moment for Gov. Kim Reynolds
Gov. Kim Reynolds talks to reporters May 17, 2022, after signing legislation dealing with biofuels at a farm near Prairie City. (Photo by Kathie Obradovich/Iowa Capital Dispatch) As she considers whether to sign legislation limiting the use of eminent domain for carbon pipelines, Gov. Kim Reynolds faces a decision that will forever define her legacy in the Iowa Republican Party: whether to uphold the constitutional rights and the property rights of Iowa landowners, or whether to put ethanol industry profits ahead of those rights. The party platform unequivocally supports landowner rights. The Iowa House and Senate, both controlled by Republicans, have passed bipartisan legislation that would protect those rights. This should not be a difficult choice. However, there are many special interest groups urging the governor to veto House File 639, claiming it would harm the ethanol industry and derail future economic development opportunities in the state. But if those claims were true, why do nearly 30% of Iowa's ethanol plants choose not to participate in this risky CO₂ pipeline venture? Why is Summit Carbon Solutions suing multiple Iowa counties over zoning ordinances, the very tools those counties use to guide and protect local economic growth? The self-serving arguments of the ethanol industry do not stand up to scrutiny. Privately owned carbon dioxide pipelines do not align with the constitutional definition of 'public use' necessary for eminent domain, and they do not justify using the government's 'takings' power to force private landowners to participate in a speculative business enterprise. Essentially, these special interests are asking the governor to pick economic winners and losers at the expense of constitutional rights. Importantly, HF 639 does not stop the pipeline project, nor does it prevent voluntary easements. In fact, Summit has already secured all necessary voluntary agreements in Minnesota and must now do the same in South Dakota to meet Iowa Utilities Commission conditions for construction here. Iowa landowners deserve the same rights as landowners in our neighboring states. If this project truly serves a vital economic need and garners legitimate support, it can move forward through the free market—without coercion, and without undermining the rights of landowners. I commend Gov. Reynolds for engaging a broad range of stakeholders in this conversation. Listening to the public and not just to special interests is essential for crafting sound public policy, but it does not change the dilemma facing the governor: constitutional rights vs. special interest profits. By signing HF 639, Gov. Reynolds would uphold constitutional rights, curb the misuse of eminent domain for private profit, demonstrate her commitment to the Republican Party's property rights platform, protect landowners from inadequate insurance coverage, and strengthen the public accountability of the Iowa Utilities Commission. It would ensure she is forever remembered as a champion of the Republican Party's commitment to constitutional rights and private property rights.
Yahoo
03-06-2025
- Business
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What is eminent domain? What to know about Iowa's bill limiting it for carbon pipelines
After years of inaction, Iowa lawmakers have finally sent Gov. Kim Reynolds a bill limiting the use of eminent domain for carbon capture pipelines. Reynolds' spokesperson says she is reviewing the legislation, which has implications for Summit Carbon Solutions' proposed $8.9 billion carbon sequestration pipeline that would span 2,500 miles across South Dakota, Iowa, Minnesota, Nebraska and North Dakota to connect 57 ethanol plants. The measure isn't a full ban on eminent domain for carbon capture pipelines, as some advocates wanted. Instead, it combines several other pieces of legislation that limit eminent domain in certain circumstances, requires projects to carry more insurance and places new guidelines on the Iowa Utilities Commission. More: Republicans' frustrations spill into debate as Iowa Senate passes eminent domain bill Here's what to know about the bill. Eminent domain is the power to take private property for public use, with the property owner receiving compensation. The Iowa Utilities Commission is the body in charge of granting eminent domain to projects such as electric transmission lines and pipelines. The commission granted Summit eminent domain powers in 2024 to acquire land, or access to land, from owners who aren't willing to sign voluntary agreements with the company. Opponents of Summit's pipeline say they do not believe the project qualifies as a public use. Summit officials have said the company has invested nearly $175 million on voluntary agreements in Iowa, signed agreements with more than 1,300 landowners and secured 75% of the Phase One route. More: How Iowa lawmakers voted on a bill limiting eminent domain for carbon capture pipelines The bill, House File 639, passed the Senate in a 27-22 vote and now awaits Reynolds' signature. Here's what it says. Pipeline companies must prove that their project is insured sufficiently to cover any losses or injury from the pipeline construction and any discharge. The company would have to either buy insurance for affected landowners or reimburse them for increased insurance premiums due to the pipeline's presence. Hazardous liquid pipelines could not receive eminent domain powers unless they qualify as common carriers, meaning they can prove they will sell the commodity to an unaffiliated buyer. All Iowa Utilities Commission members must be present at hearings on proposed public utility regulations, electric transmission lines and pipelines and at least one commissioner must be present at informational meetings held in counties along the project's route. The Iowa Utilities Commission could not renew any permit granted to a liquefied carbon dioxide pipeline and no CO2 pipeline would be allowed to operate longer than 25 years. State lawmakers, city and county officials and 'any resident with a minimally plausible interest' would be allowed to intervene in Iowa Utilities Commission cases. The Iowa Utilities Commission could not file sanctions against intervenors unless the commission determines the intervenor was knowingly dishonest, committed a crime or caused injury to the commission. Catch up on the tense Senate debate over the legislation here. This article originally appeared on Des Moines Register: What is eminent domain? What to know about Iowa's House File 639
Yahoo
19-05-2025
- Business
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Gov. Kim Reynolds appoints Sarah Martz to serve as Iowa Utilities Commission chair
Gov. Kim Reynolds has selected Sarah Martz to serve as chair of the Iowa Utilities Commission, the regulatory panel that oversees carbon capture pipelines and other utilities across the state. Martz, who has served on the three-member commission since May 2023, was among the commissioners who voted to grant construction permits to Summit Carbon Solutions' planned carbon capture pipeline, allowing the company to use eminent domain to acquire land from owners unwilling to sell it access. 'Sarah's background, engagement in regional and national associations, and experience to date on the commission will be an asset to the IUC as it prepares to help our state navigate an expected increase in demand with additional heavy power consumers coming online,' Reynolds said in a statement May 19. A two-thirds majority of the 50-member Iowa Senate will need to confirm Martz's appointment as chair. Her overall term runs through April 30, 2027. She succeeds former Republican lawmaker Erik Helland as chair, effectively immediately. Helland and another former GOP legislator, Joshua Byrnes, will continue to serve on the commission. Helland's term spans through April 30, 2029. The Senate recently confirmed Byrnes to a second term that runs through April 30, 2031. In addition to overseeing pipeline projects, the Iowa Utilities Commission regulates investor-owned electric, natural gas and water utilities. It has specific regulatory jurisdiction over municipal electric and natural gas utilities and over rural electric cooperatives. Martz leads the commission while it has increasingly fallen under scrutiny from those pushing back on eminent domain use for carbon capture pipelines. After years of House- backed legislation stalling in the Senate, Iowa lawmakers finally sent a bill to Reynolds on May 12 that seeks to limit eminent domain use for the private projects. More: Republicans' frustrations spill into debate as Iowa Senate passes eminent domain bill The measure, House File 639, also would implement new requirements for the Iowa Utilities Commission, including that all members be present at hearings on proposed public utility regulations, electric transmission lines and pipelines. Reynolds has not said whether she will sign or veto the legislation. Martz serves on various committees and state working groups at the National Association of the Regulatory Utility Commissioners, including the Committee on Energy Resources and the Environment as well as Transmission and Performance-Based Regulation State Working Groups that bring together nationwide peers and other experts. She also is the Iowa representative to the Organization of MISO States, which represents state and local utility regulators in the Midcontinent Independent System Operator region. Before she joined the Iowa Utilities Commission, Sarah worked in roles at Alliant Energy for 11 years optimizing power plants, researching solar performance and piloting new technologies such as energy storage in Iowa communities. She managed the company's electrical distribution engineering team. While all three commissioners approved awarding permits to Summit's proposed pipeline project, Martz was the only commissioner who didn't file a written dissent in connection with the order. Helland, as chair at the time, objected to delaying construction of some sections of the pipeline until Summit had obtained permits to build connecting pipelines in neighboring states ― South Dakota, Minnesota and Nebraska ― and to the sequestration site in North Dakota. He said doing so delegates "the statutory authority of the board to the public utility commissions of other states." Byrnes objected to approving part of the pipeline he thought imposed more burden than benefit. "The North-South lateral runs approximately 123 miles through seven counties and impacts 118 eminent domain parcels — all of which are necessary to serve only one ethanol facility," Byrnes wrote, referring to a section of the proposed pipeline running from Ida County to Fremont County. But all three commissioners found that overall, "the proposed service provided by Summit Carbon is in the public convenience and necessity" and should be approved. Marissa Payne covers the Iowa Statehouse and politics for the Register. Reach her by email at mjpayne@ Follow her on X, formerly known as Twitter, at @marissajpayne. This article originally appeared on Des Moines Register: Kim Reynolds appoints Sarah Martz to chair Iowa Utilities Commission
Yahoo
10-05-2025
- Business
- Yahoo
‘Four years and another day': Senators punt long-awaited eminent domain debate
Landowners opposed to carbon sequestration pipelines shout at senators for declining to debate an eminent domain bill Friday. (Photo by Cami Koons/Iowa Capital Dispatch) 'Shame, shame, shame,' a red-shirted group chanted from a Senate gallery after a full day waiting for senators to debate a bill impacting carbon sequestration pipelines. A group of landowners has been pushing lawmakers to take up the issue around property rights for four years. They, along with farmers and union workers in favor of the Summit Carbon Solutions pipeline, showed up to the Capitol in droves Friday, expecting to hear debate on House File 639. After breaking for a closed-door caucus after almost every action on the floor, senators decided to adjourn until Monday, without having debated the eminent domain bill or budgets. 'You're disrespecting our time,' a landowner yelled from the gallery following the pound of the gavel. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX HF 639 would set requirements for pipeline insurance and permit limits and change the definitions of common carrier in the state to require hazardous liquid pipeline operators prove they will transport commodities owned by shippers not affiliated with the carrier. The Summit Carbon Solutions pipeline, which was granted eminent domain by the Iowa Utilities Commission in June, would connect to nearly 60 ethanol facilities and stretch around 2,500 across Iowa, Minnesota, North Dakota, South Dakota and Nebraska. The pipeline would transport sequestered carbon dioxide from the facilities to underground storage in North Dakota. Sen. Mike Bousselot, R-Ankeny, proposed a major amendment to the bill in committee, and an additional amendment Friday that removes many parts of the version passed from the House. Under Bousselot's amendment, which must be approved on the floor, projects could seek voluntary easements from outside of the project corridor, which he said would allow them to avoid using eminent domain. His amendment also requires the project operators to repair damaged land for the lifetime of the project. The Iowa Utilities Commission would have to make a decision on permit applications within one year and members would have to be present at hearings under the amendment, which would apply to all projects seeking eminent domain. Sen. Kevin Alons, R-Salix, proposed a strikethrough amendment Friday that instead added language similar to House File 943, to ban the use of eminent domain for pipelines carrying liquified carbon dioxide. 'I guess four years and another day is what we will be doing again next Monday,' Sherri Webb, a landowner opposed to the pipeline said following the adjournment. 'We're just gonna have to wait another day, and it's not right.' Farmers and biofuel advocates who gathered in the Capitol rotunda earlier in the day said the carbon sequestration capabilities offered by the pipeline would open the door to expanded biofuel markets, like sustainable aviation fuel. A number of farmers were among the more than 1,300 landowners who have already signed easement agreements with Summit. Kelly Nieuwenhuis, a signed landowner and corn farmer in O'Brien County, said he signed easement agreements with Summit for nearly three miles of pipeline through his property. 'We need to get this project done for a positive future for not only farmers, but the biofuels industry and good-paying jobs for rural America,' Nieuwenhuis said. Farmers pointed to low corn prices from lack of market demand as a strong reason for the pipeline, as it would make it easier for ethanol producers in Iowa to enter the ultra-low carbon ethanol market. The Iowa Renewable Fuels Association earlier this week published a study highlighting the same issue. While the ethanol industry had another good year in 2024, the study said the associated economic effects of biofuels were diminished by the 'stagnant' corn market. 'This project, hooking these plants onto it, is going to change and open up markets,' Mark Wigans, a signed landowner and an ethanol plant president, said at the rally. 'Agriculture's in terrible shape right now, and we need change and this is going to give it to us.' Also in attendance were members from several union locals, in favor of the pipeline for the construction jobs it would supply. The 110-day legislative session was scheduled to end May 2, marking the end to some per diem payments to lawmakers. The failure to bring an eminent domain bill to the Senate floor likely sets back efforts to end the session early next week. Though the Senate did not vote on the eminent domain bill Friday, lawmakers did approve one measure, House File 856, a ban on diversity, equity and inclusion activities and offices in state agencies and community colleges. The Senate amended the bill to remove private colleges from the measure and returned it to the House. The chamber also voted along party lines to confirm three of the governor's appointees – Cheryl Elsloo to the Iowa State Civil Rights Commission, Christine Hensley to the Iowa Board of Regents and Whitney Smith McIntosh to the state's Human Rights Board. However, there were several other measures on the calendar – including budget bills – that were not brought up for debate. Senate File 645, the economic development budget, Senate File 646, the agriculture and natural resources budget and Senate File 647, the education budget were not brought up before the chamber adjourned Friday. There were amendments filed on these three bills to reflect the budget compromise reached with House Republicans Thursday. While these amendments are spending figures that represent an agreement between House and Senate Republicans, the majority caucuses in both chambers, the Senate would not be able to pass these or other budget bills before getting the support of the 12 GOP senators who pledged to vote against appropriations bills until the eminent domain legislation is brought to the floor. Most of the spending bills for fiscal year 2026 have not yet been approved in either chamber. The House Appropriations Committee is scheduled to meet Monday, May 12 to discuss four budget bills. The Senate Appropriations Committee also still must hold a meeting to approve standings appropriations bill that includes the State Supplemental Aid (SSA) per-pupil funding for Iowa's K-12 system, the House priority of $14 million for paraeducator pay, and other various state spending obligations. Robin Opsahl contributed to this report. SUPPORT: YOU MAKE OUR WORK POSSIBLE
