Text: SSB03194 Text: SSB03196 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 455A.1, Code 1999, is amended by adding
1 2 the following new subsections:
1 3 NEW SUBSECTION. 5A. "Protected facility or area" means
1 4 any federal, state, or county park, preserve, recreational
1 5 area, or facility, any protected water area, or any public use
1 6 area as defined in section 455B.161.
1 7 NEW SUBSECTION. 5B. "Protected water area" means a
1 8 protected water area as defined in section 462B.1.
1 9 Sec. 2. NEW SECTION. 455A.31 ENVIRONMENTAL SITING
1 10 RESOURCE CENTER.
1 11 An environmental siting resource center is created within
1 12 the department of natural resources. The department of
1 13 natural resources, in cooperation with the division of
1 14 information technology services of the department of general
1 15 services and with the department of economic development,
1 16 shall establish a geological-information-system-based service
1 17 for the purpose of assisting in the siting of new facilities,
1 18 as defined by the department of natural resources, in the
1 19 state. The department of natural resources shall gather and
1 20 organize information from any state agency, as necessary,
1 21 regarding the identification of potential development sites
1 22 and the relationship between the potential development sites
1 23 and protected facilities and areas. The geological-
1 24 information-system-based service and the information gathered
1 25 and organized by the department of natural resources shall be
1 26 made available in written form, electronically, and to
1 27 anonymous requesters through the environmental siting resource
1 28 center.
1 29 Sec. 3. NEW SECTION. 455A.32 HEARING AND ORDER.
1 30 1. At the request of a city or county or on the director's
1 31 own determination that a proposed facility, as defined by the
1 32 department of natural resources, may have a significant
1 33 adverse impact on a protected facility or area, the director
1 34 shall cause a public hearing to be held to collect information
1 35 regarding the nature of the proposed facility, the potential
2 1 impact of the proposed facility on a protected facility or
2 2 area, and measures, including an alternative location for the
2 3 proposed facility, which would substantially reduce the impact
2 4 on a protected facility or area. The public hearing shall be
2 5 scheduled within ninety days of the decision to conduct a
2 6 public hearing. The department shall follow procedures
2 7 necessary to guarantee due process of law. Upon the
2 8 conclusion of the public hearing, the director shall prepare
2 9 findings of fact and issue a ruling confirming the proposed
2 10 facility siting decision, denying the proposed facility siting
2 11 decision, or proposing modifications or actions to mitigate
2 12 the impact of any proposed facility siting on a protected
2 13 facility or area. The director's findings and conclusions
2 14 shall be incorporated into an order and issued within sixty
2 15 days of the conclusion of the public hearing.
2 16 2. An order issued pursuant to this section may be
2 17 appealed under chapter 17A to the environmental protection
2 18 commission.
2 19 3. In cases where the director determines that the
2 20 proposed facility would have a significant impact on a
2 21 protected facility or area, the director may order or the
2 22 applicant may propose mitigation activities. Mitigation
2 23 activities are any actions that would reduce negative project
2 24 impact or provide benefits to a proposed facility which
2 25 overcome the concerns raised by the project as proposed.
2 26 EXPLANATION
2 27 This bill creates an environmental siting resource center
2 28 within the department of natural resources. The bill provides
2 29 that the department of natural resources, in cooperation with
2 30 the division of information technology services of the
2 31 department of general services and the department of economic
2 32 development, shall establish a geological-information-system-
2 33 based service for purposes of assisting in the siting of new
2 34 facilities in the state. The bill provides that the
2 35 department of natural resources shall gather and organize
3 1 information from any state agency, as necessary, regarding the
3 2 identification of potential development sites and the
3 3 relationship between the sites and protected facilities and
3 4 areas.
3 5 The bill relates to the siting of proposed facilities in
3 6 relation to any federal, state, or county parks, preserves,
3 7 recreational areas, or facilities, any protected water areas,
3 8 or any public use areas. The bill provides that the director
3 9 of the department of natural resources may hold a public
3 10 hearing to collect information regarding the nature of a
3 11 proposed facility, the potential impact of the proposed
3 12 facility on a protected area or facility, and measures which
3 13 would substantially reduce the impact on a protected facility
3 14 or area. The bill provides that the department shall follow
3 15 procedures necessary to guarantee due process of law. The
3 16 bill provides that the director's findings shall be
3 17 incorporated into an order which may be appealed to the
3 18 environmental protection commission. The bill provides that
3 19 when the director determines that a proposed facility would
3 20 have a significant impact on a protected facility or area, the
3 21 director or applicant may order or propose mitigation
3 22 activities.
3 23 LSB 5560DP 78
3 24 tm/as/5.1
Text: SSB03194 Text: SSB03196 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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