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PAG LIN
1 1 Section 1. NEW SECTION. 6C.1 TITLE.
1 2 This chapter shall be known and may be cited as the "State
1 3 Land Development Management Act".
1 4 Sec. 2. NEW SECTION. 6C.2 LAND DEVELOPMENT AND USE –
1 5 STATE POLICY ESTABLISHED.
1 6 It is the policy of this state to provide for the sound and
1 7 orderly development and use of land and to provide for the
1 8 protection and preservation of the private and public interest
1 9 in the land, water, and related resources of this state for
1 10 the public health, safety, morals, and general welfare of
1 11 present and future generations. It is further the policy of
1 12 this state to preserve the use of prime farmland for
1 13 agricultural production and to preserve natural, cultural, and
1 14 historical areas while striking a balance between legitimate
1 15 public purposes and private property rights.
1 16 Sec. 3. NEW SECTION. 6C.3 DEFINITIONS.
1 17 1. "Council" means the state strategic development council
1 18 as created pursuant to section 6C.9.
1 19 2. "Development" means the construction or structural
1 20 alteration, conversion, or enlargement of a structure or use
1 21 of land, including the construction of basic improvements,
1 22 public improvements, buildings, structures, or impermeable
1 23 structures.
1 24 3. "Major public project" means any of the following:
1 25 a. The construction of a new or the relocation of an
1 26 existing highway.
1 27 b. The construction or expansion of an improvement,
1 28 including a structure or basic improvement, other than a
1 29 highway, which involves the development of more than fifty
1 30 acres of land or six thousand tons of topsoil.
1 31 c. The construction of any of the following:
1 32 (1) A dam or reservoir.
1 33 (2) A correctional institution as provided in chapter 904.
1 34 4. "Member agency" means a state agency which is
1 35 represented on the council as provided in section 6C.4.
2 1 5. "State agency" means the same as "agency" defined in
2 2 section 17A.2.
2 3 Sec. 4. NEW SECTION. 6C.4 STATE STRATEGIC DEVELOPMENT
2 4 COUNCIL.
2 5 1. A state strategic development council is created as the
2 6 state's principal agency overseeing planning by state agencies
2 7 involved in major public projects. The purpose of the council
2 8 is to ensure that development by state agencies is
2 9 coordinated, including through the adoption of a state
2 10 strategic development plan as provided in section 6C.8.
2 11 2. The council shall be composed of all of the following
2 12 persons:
2 13 a. The governor or the governor's designee who shall serve
2 14 as the chairperson of the council.
2 15 b. The director of the department of economic development
2 16 or a designee.
2 17 c. The director of the department of natural resources or
2 18 a designee.
2 19 d. The director of transportation or a designee.
2 20 e. The director of the department of corrections or a
2 21 designee.
2 22 f. The director of the department of general services or a
2 23 designee.
2 24 g. The secretary of agriculture or a designee.
2 25 h. The state historic preservation officer appointed by
2 26 the director of the department of cultural affairs.
2 27 i. A designee appointed by the state board of regents as
2 28 provided for in chapter 262. The member shall be appointed
2 29 from the university of Iowa, Iowa state university of science
2 30 and technology, and the university of northern Iowa on a
2 31 rotating basis. Each appointee shall serve one term prior to
2 32 replacement. A member appointed under this paragraph shall be
2 33 an expert in issues relating to land use planning.
2 34 j. Four members of the general assembly, who shall serve
2 35 as nonvoting, ex officio members. The members shall include
3 1 two members of the senate appointed by the president of the
3 2 senate, after consultation with the majority leader and the
3 3 minority leader of the senate, and two members of the house of
3 4 representatives appointed by the speaker of the house, after
3 5 consultation with the majority leader and the minority leader
3 6 of the house. The legislative members shall be appointed upon
3 7 the convening and for the period of each general assembly.
3 8 Not more than one member from each house shall be of the same
3 9 political party.
3 10 3. Except as otherwise provided, the council shall meet on
3 11 a regular basis and at the call of the chairperson or upon the
3 12 written request to the chairperson of two or more members.
3 13 4. A majority of voting members appointed to the council
3 14 constitute a quorum and the affirmative vote of a majority of
3 15 the voting members appointed is necessary for any substantive
3 16 action to be taken by the council, except that a lesser number
3 17 may adjourn a meeting. The majority shall not include any
3 18 member who has a conflict of interest and a statement by a
3 19 member that the member has a conflict of interest is
3 20 conclusive for this purpose. A vacancy in the membership does
3 21 not impair the right of a quorum to exercise all rights and
3 22 perform all duties of the council.
3 23 5. A vacancy on the council shall be filled in the same
3 24 manner as an original appointment. A person appointed to fill
3 25 a vacancy shall serve only for the unexpired portion of the
3 26 term. Except as provided in this chapter, a member is
3 27 eligible for reappointment.
3 28 6. Members of the council, other than a state officer or
3 29 employee, are entitled to receive a per diem as specified in
3 30 section 7E.6 for each day spent in performance of duties as
3 31 members, and shall be reimbursed for all actual and necessary
3 32 expenses incurred in the performance of duties as members.
3 33 Sec. 5. NEW SECTION. 6C.5 STAFFING AND EXPENSES.
3 34 The department of economic development shall provide office
3 35 space and staff assistance, and shall budget funds to cover
4 1 expenses of the council. The office of attorney general shall
4 2 provide legal counsel to the council.
4 3 Sec. 6. NEW SECTION. 6C.6 COUNCIL – POWERS AND DUTIES.
4 4 1. The purpose of the council is to ensure that
4 5 development by state agencies is coordinated, including
4 6 through the adoption of a state strategic development plan as
4 7 provided in section 6C.8.
4 8 2. The council shall adopt rules pursuant to chapter 17A
4 9 which are necessary to administer its duties under this
4 10 chapter.
4 11 Sec. 7. NEW SECTION. 6C.7 STATE AGENCY PLANNING –
4 12 CONSULTATION DURING MAJOR PUBLIC PROJECTS.
4 13 1. The council shall meet regularly and its members shall
4 14 consult with a state agency when a state agency is engaged in
4 15 a major public project. The state agency must consult with
4 16 the council during regularly scheduled meetings conducted
4 17 throughout the planning stages of the major public project.
4 18 2. A state agency shall not begin construction of a major
4 19 public project prior to consulting with the council as
4 20 provided in section 6C.8, subsection 2.
4 21 3. In reviewing a major public project, the council shall
4 22 to every extent practical ensure that the missions, policies,
4 23 and goals of affected member agencies are not negatively
4 24 impacted. The major public project shall be planned and
4 25 constructed consistent with the state strategic development
4 26 plan as required by section 6C.8.
4 27 Sec. 8. NEW SECTION. 6C.8 STATE STRATEGIC DEVELOPMENT
4 28 PLAN.
4 29 1. a. The council shall establish, maintain, and revise a
4 30 state strategic development plan which shall be implemented by
4 31 state agencies as provided in this section. State agencies
4 32 shall consult with the council regarding major public
4 33 projects. The council may adopt rules which exempt major
4 34 public projects from the requirements of this section, to the
4 35 extent that the council determines that compliance with the
5 1 state strategic development plan or consultation with the
5 2 council is inconsistent with or unnecessary to carry out the
5 3 policy of this state as provided in section 6C.2.
5 4 b. The state plan shall include development standards and
5 5 practices that ensure that development conducted by state
5 6 agencies carries out the policies of this state as provided in
5 7 section 6C.2. Each state agency shall adopt policies
5 8 governing development, including planning and construction of
5 9 projects, which implement development standards and practices
5 10 as required in the state strategic development plan.
5 11 2. a. A state agency shall not begin construction of a
5 12 major public project unless the state agency consults with
5 13 member agencies during a council meeting. The state agency
5 14 proposing construction shall submit a plan of development to
5 15 the council for consideration. The plan shall summarize the
5 16 major public project and explain how the major public project
5 17 complies with the requirements of the state strategic
5 18 development plan and any applicable strategic development plan
5 19 governing the area where the major public project is proposed
5 20 to be developed. The state agency shall regularly inform the
5 21 council of the progress of the major public project during the
5 22 course of its construction.
5 23 b. Any concern about or objection to the planning or
5 24 construction of a major public project expressed by a member
5 25 agency or the council shall be noted in the minutes of the
5 26 council. This section does not authorize the council to
5 27 disapprove a plan for development or alter construction of the
5 28 major public project.
5 29 3. The council shall approve an initial state strategic
5 30 development plan by July 1, 2002.
5 31 Sec. 9. NEW SECTION. 6C.9 OVERSIGHT.
5 32 1. The council shall report to the city development board
5 33 established in section 368.9 as required by the board.
5 34 2. The council shall report to the committee of the
5 35 general assembly which is primarily responsible for
6 1 legislative oversight of state agencies, as required, by the
6 2 committee. The council shall do all of the following:
6 3 a. Present information to the committee as requested by
6 4 the committee.
6 5 b. Notify the committee of the planning stages of a major
6 6 public project initiated by a member agency, including any
6 7 comments or objections of the council or a member agency.
6 8 c. Submit a copy of its state strategic development plan
6 9 and any amendments to or revisions of the plan with the
6 10 committee.
6 11 Sec. 10. EFFECTIVE DATES.
6 12 1. Except as provided in this section, this Act takes
6 13 effect July 1, 2001.
6 14 2. The state strategic development council as created in
6 15 this Act shall be appointed as soon as practical upon the
6 16 enactment of this Act. The council shall carry out all
6 17 functions necessary to prepare for the administration of this
6 18 Act beginning July 1, 2001. This subsection takes effect upon
6 19 enactment.
6 20 EXPLANATION
6 21 This bill creates the state strategic development council
6 22 which is to oversee planning by state agencies involved in
6 23 major public projects. The bill provides that the council
6 24 shall prepare a state strategic development plan to be
6 25 implemented by state agencies involved with major public
6 26 projects.
6 27 Membership on the council is composed of representatives of
6 28 the governor's office, the department of economic development,
6 29 the department of natural resources, the state department of
6 30 transportation, the department of corrections, the department
6 31 of general services, and the office of the secretary of
6 32 agriculture. Also, members on the council are to include the
6 33 state historic preservation officer, a representative of the
6 34 board of regents, and four members of the general assembly.
6 35 The bill takes effect July 1, 2001. The bill directs,
7 1 however, that the portion of the bill requiring appointment of
7 2 members to the state strategic development council take effect
7 3 upon enactment.
7 4 LSB 2059XS 79
7 5 sc/gg/8
Text: SF00165 Text: SF00167 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
© 2001 Cornell College and League of Women Voters of Iowa
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