Linn supervisors postpone pipeline setback vote to build ‘stronger ordinance’

CEDAR RAPIDS — It may be up to future Linn County supervisors to approve an ordinance dictating how close to structures a hazardous pipeline could be built after the current board unanimously voted Wednesday to postpone consideration indefinitely.

All three supervisors voted to take more time and consider extra safety considerations after members of the public voiced concerns with the current proposed ordinance and its setback waivers for dwellings and future growth areas.

On Monday, the supervisors had voted 2-1 in the first consideration to keep the process going forward. Supervisor Stacey Walker voted no as he said he didn’t think the rules went far enough after hearing Monday’s comments from concerned residents.

The supervisors met in closed season Tuesday with legal counsel to discuss the ordinance before coming to their decision Wednesday to postpone it.

The proposed ordinance comes as Wolf Carbon Solutions is proposing a 280-mile carbon dioxide sequestration pipeline through Iowa, including Linn County, to connect ADM ethanol plants and others. Wolf is holding public information meetings about its plans, a required step before it can seek a permit from the Iowa Utilities Board.

“I believe after Monday's meeting and yesterday’s closed session that we had that taking more time to look at this is fine with me,” Supervisor Louie Zumbach said Wednesday. “It’s really surprising the opposing sides would both like to see more time. I’m more than willing to investigate more.”

Supervisors Walker and Ben Rogers agreed that more time is needed.

“I am in agreement that the good ordinance that we have could be improved,” said Walker, who leaving the board. Kirsten Running-Marquardt, a former Democratic state representative, was elected to the board in November and will join it next month.

“I still maintain that the position of Linn County as it crafts this ordinance should be primarily concerned at what's in the best interest of Linn County with little to no consideration for the best interest of any potential applicants,” Walker said. “This is about keeping Linn County safe and doing what we can … perhaps I won't be on the board when it's said and done. I would encourage my colleagues to think about creating not the most prohibitive ordinance but the one that would keep residents safe.”

“Safety is paramount,” Rogers added. “The concern I have … as policymakers we have to balance what is objective, subjective, what we believe might be the course of action the courts will take … If we are to be sued, which is fine, I don't think any of us are trying to avoid that necessarily. … But we want to make sure we have words on paper and an ordinance on the books for future CO2 pipelines.”

Summit Carbon Solutions, another company that’s proposing construction of a carbon dioxide sequestration pipeline through Iowa, filed lawsuits against Story and Shelby counties last month after the counties adopted setback ordinances for pipeline routes. The company argues that county supervisors there are attempting to preempt oversight from the Iowa Utilities Board and the federal government.

The supervisors’ decision to postpone a vote was supported by Linn County residents opposed to the pipeline and also by representatives for Wolf Carbon Solutions.

Pipelines carrying natural gas are regulated by the Iowa Utilities Board, but hazardous materials pipelines — including CO2 pipelines — are regulated by the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration.

The local ordinance proposes two setback standards: one for areas of public assembly and one for dwellings. The setback for public areas such as schools, hospitals and parks mandates the pipeline be a distance of 155.8 feet times the pipeline’s diameter. That would equal about 2,500 feet — a little less than half a mile — for the 16-inch pipeline. The setback for dwellings would be 107.65 feet times the diameter of the pipeline, plus another 328 feet, equal to about 2,050 feet for a 16-inch pipeline.

“Setbacks from dwellings may be waived by the owner of the dwelling. If setbacks are waived, the pipeline operator shall provide proof of this waiver in writing,” the ordinance reads. “Projects that have received approval from the Iowa Utilities Board shall have their required setback reduced to 300 feet provided the pipeline operator addresses why this setback reduction is necessary in their petition to the Iowa Utilities Board.”

The future growth area setbacks may also be waived by the applicable city, according to the proposed ordinance.

“I was shocked when I saw the ordinance,” Mount Vernon resident Laura Krause told the supervisors. “It addresses almost none of the concerns and there’s no financial protection. I don’t know why you’re looking at such a weak ordinance.”

Amanda James, an attorney for Wolf, said in her experience, the Iowa Utilities Board approval process can be “more drawn out” than anticipated.

“If Wolf files its application in January or February, it will be a three to four month review with more questions and requirements and that could take us into June,” James said. “Then there’s a procedural schedule for three to four months where parties like you (Linn County) can intervene, which we encourage. This will take a lot longer and there’s no need to rush and adopt an ordinance today or next week. We encourage you to take time and adopt an ordinance that makes sense for Linn County.”

The supervisors will continue to meet with Planning and Development Director Charlie Nichols and county staff on adding more provisions to the proposed ordinance. Those are yet to be determined, as is the date of the next vote.

“I don't have a time frame in mind for what would be most helpful,” Nichols said to the supervisors. “You can choose a time frame. I'm happy to do whatever this board really wants to look into.”

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