Legislature

• Iowa Senate to consider protecting Iowa's black bears

• Proposal to tax forest reserves

• Effort to scuttle I-Will

• CO2 pipeline legislation moving

Climate Change - pipelines and coal plants

• IUB Publishes Secret MidAmerican Studies showing solar is most economical path to 100% clean energy

• Update on coal ash landfills

• Update on Wolf Carbon Solutions pipeline

Plus

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• Calendar of events

• To see the archive of previous Iowa Chapter newsletters

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IUB Publishes Secret MidAmerican Studies showing solar is most economical path to 100% clean energy

In response to an Iowa Utilities Board (IUB) Order, MidAmerican Energy filed new public versions of two internal studies that show solar is the lowest cost path for achieving carbon free energy and recognize that transitioning away from burning coal is an essential piece of achieving this goal.  The studies also raise questions about the economics of MidAmerican’s coal fleet. Despite its own studies’ findings, MidAmerican has not announced plans to retire any of its coal plants.  In the current Wind PRIME proposal before the IUB, MidAmerican has proposed to build 40 times more wind than solar and to continue to operate its coal plants long-term. MidAmerican is one of the top 10 largest coal fleet owners in the country without a plan for retirement of those plants by 2035.

MidAmerican initially refused to provide the studies even to the Iowa Utilities Board, then sought to hold the studies confidential in their entirety.  MidAmerican then released new redacted versions of the studies after the IUB stated they would become public in response to a motion by Sierra Club that argued the public should see the studies before the IUB makes a decision whether to approve MidAmerican’s pending $3.9 billion Wind PRIME project. 

The IUB determined the studies had significant importance to Iowa customers, stating “It is difficult to imagine a more impactful decision to the Iowa ratepayers within MidAmerican’s monopoly service area than a multibillion-dollar, long-term capital investment strategy for the provision of electric generation assets.”  The Board concluded that “there is significant public purpose and interest in the disclosure of the Non-Confidential Information.”

MidAmerican’s 2019 “Zero Emissions Study” assessed how to “achieve zero emissions for MidAmerican’s Iowa/South Dakota resource mix from both a resource adequacy and cost-effectiveness standpoint.” MidAmerican considered scenarios based on retiring its coal and gas generation in either 2021 or 2040, concluding that “In all retirement scenarios studied, solar photovoltaic (solar PV) replacements provide the lowest cost zero emissions solution.” 

The Zero Emissions Study noted that future electric generation would be needed because “on-peak periods, particularly in the summer months, have shortfalls.”  Due to the timing of shortfalls, the study concluded that “solar and storage are good candidates to provide the required energy as summer on-peak energy is the primary need.”  In contrast, MidAmerican’s Wind PRIME project would add 2,042 megawatts (MW) of wind, but only 50 MW of solar and zero battery storage.

The Zero Emissions Study also identified that the Louisa and Ottumwa coal plants are not profitable.

In the second study, MidAmerican hired Siemens AG in 2020 to conduct a Coal Plant Economics Assessment, which compared the costs of running MidAmerican’s coal plants to the costs of buying energy on the regional market.  The study concluded that Ottumwa Generating Station was “a retirement candidate under the base [MidAmerican] load” that should retire in 2026 or 2027.  Under its base case, it also found that George Neal 3 (Sioux City) was uneconomic by 2033.  It concluded that coal plants were often more expensive than market prices, so they should run less in scenarios of the future: “George Neal units 3 and 4 demonstrated the lowest utilization followed by Ottumwa and Louisa.”

Neither study used standard industry best practices for studying the cost effectiveness of existing generation or planning for new generation. 

The Zero Emissions Study identified using a standard industry modeling tool to optimize cost effective resource additions as a next step.  MidAmerican did not use this tool to develop its Wind PRIME proposal, despite having done so in past cases.

“MidAmerican customers should be asking why their utility is not following the recommendations of its own internal experts to reliably and cost-effectively reach 100% carbon free energy,” said Laurie Williams from Sierra Club. “Refusing to plan for a system to replace increasingly uneconomic coal is irresponsible.” 

The Iowa Utilities Board conducted a hearing on the Wind PRIME docket the week of February 20, 2023, during which MidAmerican Energy executives and other parties in the docket provided testimony.  Following the hearing, the IUB will make its determination whether to approve the Wind PRIME proposal.

George Neal North coal plant, photo by Emma Colman

Update on coal ash landfills

Earlier this month, the Sierra Club and EPA reached a settlement agreement requiring the agency to review–and if necessary, revise–a dangerous loophole in the Coal Combustion Residuals rule that exempts hundreds of coal ash landfills across the country from federal regulations.  Closing this loophole would affect 12 coal ash sites in Iowa, including 5 at MidAmerican's George Neal North plant outside Sioux City. View the map and list of sites here, courtesy of Earthjustice.

When EPA issued its first coal ash regulations in 2015, the rule included a loophole that allowed the widespread but undetected contamination of groundwater and surface water from inactive coal ash landfills. On behalf of Sierra Club and other environmental, civil rights, and community groups, Earthjustice filed a lawsuit challenging this loophole, which allows hundreds of toxic coal ash ponds to operate without critical safeguards.

The settlement requires EPA to publish a proposed update to the coal combustion residuals rule by no later than April 14, 2023.

“Right now, a gaping hole in EPA’s coal ash rule allows for pollution of our waters with some of the nastiest contaminants around, from carcinogens like arsenic, cadmium and chromium to neurotoxins such as lead and lithium,” Sierra Club Senior Attorney Bridget Lee said. “We’re pleased EPA has agreed to review the loophole, which allows hundreds of toxic dump sites to operate without critical safeguards.”

"There's no such thing as too much oversight at coal ash facilities because they pose a clear danger to precious clean water that's needed to grow food, drink, recreate, and support wildlife," said Patricia Schuba, President of the Labadie Environmental Organization. "We need an EPA that enforces the CCR rule so no utility can violate the law and leave toxic waste sitting in groundwater–while pretending that washing it into our rivers and streams for others to drink is a solution. Without clean closure, coal ash will remain a threat to our communities."

Photo of George Neal North, taken by Emma Colman.

“Coal ash contamination actively makes our water unsafe to drink,” Charline Whyte, Senior Campaign Representative for Sierra Club’s Beyond Coal Campaign in Georgia, Alabama and Mississippi said, “and throughout the South, Southern Company keeps cutting corners on coal ash cleanup to save a buck, all at the expense of the health of our communities and watersheds. We hope the EPA closes this loophole for good and continues to strengthen federal regulations on coal ash. But ultimately, utility companies need to stop burning coal and stop coal ash at the source.”

Update on Wolf Carbon Solutions pipeline

On February 23, Wolf Carbon Solutions filed with the Iowa Utilities Board (IUB) its petition for a permit to construct a carbon dioxide pipeline.  The pipeline would impact Linn, Cedar, Clinton, and Scott Counties.  We expect the permit proceedings in the IUB to last for many months.

One important fact about Wolf’s petition is that Wolf asserts in no uncertain terms that it will not use eminent domain to obtain easements from landowners.  We are determined to hold them to that promise.

With Wolf's recent filing, all three carbon dioxide pipeline companies have submitted applications to the Iowa Utilities Board.  Summit Carbon Solutions is the farthest along.  Currently the IUB is attempting to schedule a hearing for the Summit pipeline in October.   At this point, there is no scheduling in place for Navigator.

Iowa Senate to consider protecting Iowa's black bears

A bill to protect black bears passed the House and is on its way to the Senate.  The bill would place the black bear on the list of fur-bearers (bill HF175).  Once on the list, the black bear could be given a hunting season.  At first, the season would be closed since there are so few black bear in Iowa.  In the future, if the number of black bear in Iowa increase to the point where a sustainable hunting season could be supported, the Department of Natural Resources could establish a hunting season.  The Sierra Club supports this bill.  

This has been assigned to the Senate Natural Resources committee.  Ask the Committee members to support HF175 and protecting black bears.  Their email addresses are annette.sweeney@legis.iowa.gov , tom.shipley@legis.iowa.gov , izaah.knox@legis.iowa.gov , liz.bennett@legis.iowa.gov , claire.celsi@legis.iowa.gov , chris.cournoyer@legis.iowa.gov , rocky.dewitt@legis.iowa.gov , dawn.driscoll@legis.iowa.gov , lynn.evans@legis.iowa.gov , jesse.green@legis.iowa.gov , ken.rozenboom@legis.iowa.gov , sarah.trone.garriott@legis.iowa.gov , dan.zumbach@legis.iowa.gov

You can also ask your senator to support the bill protecting black bears - HF175

To look up your senate member, see www.legis.iowa.gov/legislators/senate

Find your legislator

Background

Black bears were abundant in Iowa at the time of settlement.  However the black bear was extirpated from Iowa by over-hunting in the mid 1800’s.   After a long absence from Iowa, the black bear has begun repopulating the state.  Black bears live in Minnesota, Wisconsin, and Missouri, so it is not surprising that bears periodically make their way into Iowa. 

Northeast Iowa has habitat that is favorable to black bear.  Although there are not large populations of black bear in the state, they are found in small numbers.

The black bear currently has no protection from hunting, so any black bear found in Iowa can legally be killed.  In order to allow the black bears to continue expanding in Iowa, the black bear must be protected from hunting pressure.  Initially the black bear can be given a closed season.  Once the population expands, a sustainable hunting season can be established.

Black bears are shy and timid.  They do not attack humans to protect their territory or cubs.  Startled bears will run away and often climb a nearby tree.   Although beekeepers have expressed concerns about the black bear, the beehives can be surrounded by electric fences which will keep the bears at bay. 

Proposal to tax forest reserves

 Currently the Iowa Code gives a property tax exemption for woodlands (called forest reservations in the law) that are at least two acres and have not less than 200 trees per acre.  There is also an exemption for fruit tree reservations.

A bill has been introduced in the Iowa Senate - SSB1129 – that would repeal the property tax exemption on forest reservations and begin assessing property taxes on the land.  This bill should be opposed by our legislators. 

The bill has already passed through the subcommittee and will be taken up by the Ways and Means Committee.

Woodlands and forest reservations are important to Iowa’s environment.

• Forests protect highly erodible land.  Some land should not be put into row crops.

• By protecting highly erodible land, soil is kept out of our rivers, streams, and lakes, thus improving water quality.  Soil destroys fish habitat. 

• Trees help cleanse the air.  Plus trees capture carbon dioxide.

• Forests provide habitat for both non-game and game animals.

• Trees provide beauty.  They attract tourists in the fall who enjoy looking at the fall leaves.

• There is value in the landscape for things other than crops.

• Property tax exemptions are provided for other purposes, so it is not out of the ordinary to provide a property tax exemption for forests and fruit tree reservations.

• Fruit and nut trees are part of the economic activity in the state.

• The derecho damaged large numbers of trees in Iowa.  We should be encouraging landowners to invest in those properties and keep them in forests and fruit tree reservations.

A landowner should be rewarded for protecting woodlands.  A way to encourage the on-going protection for forested areas is to grant the landowner a property tax exemption on the forest.

What you can do

1. Ask the members of the Senate Ways and Means Committee to oppose SSB1129: dan.dawson@legis.iowa.gov , carrie.koelker@legis.iowa.gov , pam.jochum@legis.iowa.gov , mike.bousselot@legis.iowa.gov , waylon.brown@legis.iowa.gov , chris.cournoyer@legis.iowa.gov , adrian.dickey@legis.iowa.gov , bill.dotzler@legis.iowa.gov , dawn.driscoll@legis.iowa.gov , mike.klimesh@legis.iowa.gov , janet.petersen@legis.iowa.gov , herman.quirmbach@legis.iowa.gov , david.rowley@legis.iowa.gov , jason.schultz@legis.iowa.gov , annette.sweeney@legis.iowa.gov , todd.taylor@legis.iowa.gov , cindy.winckler@legis.iowa.gov , brad.zaun@legis.iowa.gov

2. Ask your state senator to oppose SSB1129.

Email, addresses, and phone numbers for Senators   

Find your legislator 

Effort to scuttle I-Will

Although voters have long awaited implementation of I-Will and increased funding it provides, an effort is currently underway to undercut some of the areas that I-Will was intended to fund.  (Note, I-Will is also known as the Natural Resources and Outdoor Recreation Trust Fund.)

In 2010, 63 percent of Iowa voters gave overwhelming support to a constitutional amendment, referred to as I-Will, that would allow increased investment in Iowa’s parks, recreation, clean water, and agriculture soils through a three-eighth cent sales tax.  All that is needed is to increase the sales tax.

Prior to the time voters agreed to the constitutional amendment, the legislature had passed a bill that indicated how the I-Will money was to be divided into various categories which would then support the new projects.  The legislation was clear that this was to be new money for new projects and not shifting existing funding into the I-Will funding.

So, the legislature is now looking at a bill – SSB1125 - that would increase the sales tax which would trigger the funding of the I-Will projects, but it has several huge gotchas written into it:

 

 

• Currently the roads through the park are funded through the Iowa Department of Transportation.  SSB1125 would have I-Will fund the construction, maintenance, or expansion of roads. 

• The bill would move funding of the salaries and employee benefits paid for conservation officers, park rangers, and park managers to I-Will funding.  Based on the existing law for I-Will, the funding of these employees is not one of the designated areas to be funded.

• The bill would terminate the increased sales tax on January 1, 2051.  That clearly was not what the voters approved for the constitutional amendment, which did not include an end date for the sales tax.

These gotchas would leave less money for the things that have been designated to receive I-Will funding, including establishing, restoring, or enhancement of state parks; recreation; wildlife diversity; improvement of water trails, rivers, and streams; and education and outreach regarding natural history and the outdoors.

That is unacceptable.  It goes against the purpose of I-Will which was to generate new money to fund new projects for the Department of Natural Resource.  It goes against what the voters were lead to believe when they voted on I-Will over a decade ago.

What you can do

1. Tell the Senate Ways and Means Committee to oppose the changes to I-Will in Division 8 of SSB1125: mike.bousselot@legis.iowa.gov , waylon.brown@legis.iowa.gov , chris.cournoyer@legis.iowa.gov , adrian.dickey@legis.iowa.gov , bill.dotzler@legis.iowa.gov , mike.klimesh@legis.iowa.gov , janet.petersen@legis.iowa.gov , herman.quirmbach@legis.iowa.gov , david.rowley@legis.iowa.gov , jason.schultz@legis.iowa.gov , annette.sweeney@legis.iowa.gov , todd.taylor@legis.iowa.gov , brad.zaun@legis.iowa.gov

2. Tell your state senator to vote no on SSB1125 and its changes to I-Will in Division 8.

To look up your senate member, see www.legis.iowa.gov/legislators/senate

To find your legislators, see www.legis.iowa.gov/legislators/find

CO2 pipeline legislation moving

A major bill has been introduced in the Iowa House that strengthens the pipeline easement requirements and landowner rights regarding pipeline construction.  This pipeline bill – HF368 - has the most traction.  The bill was introduced by Representative Steven Holt, along with 22 co-sponsors, including House Speaker Pat Grassley.

Among its features are:

• The IUB shall not issue a permit for a CO2 pipeline until the federal pipeline safety administration (PHMSA) provides new rules updating the safety standards for CO2 pipelines.  

• The permit is conditioned upon the pipeline company obtaining all other applicable permits, including federal and state regulatory permits, state and local highway and road crossing permits, and local zoning permits. 

• The bill requires 90% of route miles as voluntary easements before eminent domain can be used. 

• It prohibits the IUB from granting the right of eminent domain unless the company first acquires all applicable pipeline construction and zoning permits from the other states. 

• It expands damages that constitute compensable loss to include soil compaction, damage to soil or water conservation structures, and damage to irrigation or drainage systems.

There are two parts of the bill that Sierra Club would like to see changed.  First, instead of using miles to determine voluntary easements, we would prefer that it use parcels.  Parcels is the unit used by the Utilities Board during its processes plus the county compensation boards deal with parcels during eminent domain proceedings.  Second, we prefer that the amount of land required as voluntary easements needs to be greater than 90% and would prefer that to be 98% or even a total ban on eminent domain for these projects that are benefiting private companies and are not in the public good.

With that being said, we encourage you to contact your state representative and ask for their support of HF368.

To look up your house member, see www.legis.iowa.gov/legislators/house

To find your legislators, see www.legis.iowa.gov/legislators/find

Lunch and Learns

Every Friday at noon, we do a Lunch and Learn livestream.  See us on Facebook at "Sierra Club Iowa Chapter".  These will be recorded so you can watch them anytime.  Topics will be selected based on what is happening during the week and will be announced the day before the livestream.  During the legislative session, we cover issues coming before the Iowa legislature.

In case you missed our past webinars and lunch and learn sessions, you can still see them.

• See "New Pipeline Bills", February 24, 2023
• Learn "How to be Effective at Legislative Forums", January 13, 2023

Volunteer for the Iowa Chapter

Almost everything we do is done by volunteers like you.  If you would like to volunteer for the Iowa Chapter, please let us know by sending an E-mail to Iowa.chapter@sierraclub.org.  Or sign up by using the online form.  There are many opportunities for you to make a difference:

• making phone calls

• developing graphics for banners and flyers

• working on legislative issues

• working on elections

• fundraising

• organizing events

• joining an issue committee 

If you would like to join our legislative action team, sign up here.  Keep on top of what is happening at the Iowa legislature.  Be alerted when you should contact your legislators about pending legislation.

Photo by Pam Mackey Taylor

Sierra Club - the best bet for achieving bold solutions to Iowa’s environmental problems

Sierra Club is Iowa’s oldest and largest grassroots environmental organization.  Not only that, we are the best bet in the state for achieving bold solutions to Iowa’s environmental problems.

We work in the courts, before Iowa’s public agencies, and in the halls of the legislature.  The Iowa Chapter's effort to protect the environment takes financial support.  The Chapter receives very little financial support from the national Sierra Club.  Can we count on you for a donation to ensure even more victories?  Your contribution will be put to work here in Iowa on issues that affect every day Iowans – water quality, clean air, protection of Iowa's soil, parks and natural areas, and a strong democracy.  The Iowa Chapter is relentless in fighting back bad legislation that affects every one of us. 

Your non-deductible contributions make it possible for us to fight bad legislation and to promote good legislation.  We appreciate your past and on-going support of these efforts.  You can make a non-deductible donation with a credit card.   A non-deductible donation supports the Chapter's effective, citizen-based advocacy and lobbying programs.  If you prefer, a non-deductible check can be written to the Sierra Club Iowa Chapter and mailed to:

Treasurer
Sierra Club, Iowa Chapter
PO Box 1058
Marion, IA 52302

You can also make a tax-deductible donation with a credit card.  Tax-deductible activities are limited to public interest education, research and legal actions.  A deductible check can be written to the Sierra Club Foundation with “Iowa Chapter” written in the memo line.

Thank you for your support.

Photo with this article, Iowa Utilities Board meeting public comment period.  Photo by Jess Mazour.

Donate your used vehicle

As the Sierra Club Foundation's Iowa Chapter continues to raise charitable funds to support its work in Iowa, won’t you consider participating in our vehicle donation program?  Our partners over at CARS have made the process of donating your unused or unneeded car, truck, motorcycle, boat or RV easy, efficient and secure.  They’ll take care of everything from picking up your vehicle to sending you a tax receipt for your generous gift.  To learn more about The Sierra Club Foundation's Iowa Chapter vehicle donation program, please call 844-674-3772.  Or visit our webpage to get started today!

Sierra Club Foundation promotes climate solutions, conservation, and movement building through a powerful combination of strategic philanthropy and grassroots advocacy. The Foundation is the fiscal sponsor of Sierra Club’s charitable environmental programs.

For more information 

Planned giving . . . naming the Sierra Club Iowa Chapter in your will 

Ensure your environmental legacy by naming the Iowa Chapter in your will or trust. These gifts cost you nothing now. You can hold onto your assets for as long as you need them.

Thank you for supporting our work!