Senate File 28 - Introduced SENATE FILE 28 BY JOCHUM A BILL FOR An Act relating to local and regional planning and establishing 1 a state office of planning and geographic information 2 systems within the department of economic development and 3 making appropriations. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1345SS (5) 84 aw/rj
S.F. 28 Section 1. NEW SECTION . 15.221 Office of planning and 1 geographic information systems created —— appropriation. 2 1. An office of planning and geographic information systems 3 is created within the department of economic development 4 responsible for developing the state’s interest in coordinated 5 and integrated local and regional land use planning, and for 6 administering a statewide geographic information and data 7 system. The duties of the office shall include all of the 8 following: 9 a. Planning coordination for which the office shall do all 10 of the following: 11 (1) Develop and coordinate smart planning educational 12 programming for planning professionals, elected officials, and 13 the public, as approved by the coordinating council created in 14 section 15.222. 15 (2) Establish a publicly accessible electronic repository 16 for local and regional comprehensive plans. 17 (3) Provide an annual smart planning report to the governor 18 and general assembly by November 1. 19 (4) Administer and deliver smart planning technical and 20 financial assistance to regional organizations and local 21 governments. 22 (5) Establish an appeals process to allow for the review of 23 local comprehensive plans for qualification as a smart plan as 24 set out in section 28H.3, subsection 6. 25 (6) Work with other state agencies to incorporate the smart 26 planning principles set out in section 18B.1 into new and 27 existing programs, including the state’s enterprise strategic 28 planning process, with consideration for providing incentives 29 for the use of smart planning principles. 30 (7) Provide staff support to the coordinating council for 31 the office of planning and geographic information systems. 32 (8) Provide staff support to the Iowa smart planning task 33 force established by 2010 Iowa Acts, chapter 1184, section 34 25, through December 31, 2012, in collaboration with the Iowa 35 -1- LSB 1345SS (5) 84 aw/rj 1/ 11
S.F. 28 association of regional councils, as organized by the councils 1 of governments established under chapter 28H. 2 b. The development of geographic information and data 3 management systems which shall include all of the following: 4 (1) Development and maintenance of a centralized geographic 5 information system enterprise and data distribution network. 6 (2) Provision of technical assistance to local, regional, 7 and state geographic information systems providers and users. 8 (3) Creation of standards for geographic information 9 systems and data for the centralized network. 10 2. Four full-time equivalent positions shall be designated 11 for this office commencing with the fiscal year beginning July 12 1, 2011. There is annually appropriated from the general 13 fund of the state four hundred fifty thousand dollars to the 14 department of economic development for the operation of this 15 office. 16 Sec. 2. NEW SECTION . 15.222 Coordinating council created. 17 1. A coordinating council is created for the office of 18 planning and geographic information systems which shall consist 19 of the following twenty-one members: 20 a. One representative selected by the Iowa league of cities, 21 from a city having a population of five thousand or less 22 according to the most recent certified federal census. 23 b. One representative selected by the Iowa league of cities, 24 from a city having a population of more than five thousand and 25 less than twenty-five thousand according to the most recent 26 certified federal census. 27 c. One representative selected by the Iowa league of cities, 28 from a city having a population of twenty-five thousand or more 29 according to the most recent certified federal census. 30 d. One representative selected by the Iowa state association 31 of counties from a rural county not considered part of a 32 metropolitan statistical area according to the most recent 33 certified federal census. 34 e. One representative selected by the Iowa state association 35 -2- LSB 1345SS (5) 84 aw/rj 2/ 11
S.F. 28 of counties from an urban county considered part of a 1 metropolitan statistical area according to the most recent 2 certified federal census. 3 f. One representative selected by the Iowa association of 4 regional councils, as organized by the councils of governments 5 established under chapter 28H. 6 g. One representative from the state university of Iowa 7 selected by the university president. 8 h. One representative from the Iowa state university of 9 science and technology selected by the university president. 10 i. One representative from the university of northern Iowa 11 selected by the university president. 12 j. The directors or administrators or their representatives 13 from the following departments or divisions: 14 (1) Department of agriculture and land stewardship. 15 (2) Department of cultural affairs. 16 (3) Department of economic development. 17 (4) Department of management. 18 (5) Department of natural resources. 19 (6) Department of transportation. 20 (7) Homeland security and emergency management division of 21 the department of public defense. 22 k. Five representatives appointed by the governor. 23 2. The appointments made by the Iowa league of cities, Iowa 24 state association of counties, Iowa association of regional 25 councils, and governor shall be coordinated so that appointees 26 are appointed to three-year staggered terms and there is broad 27 geographic representation from around the state. 28 3. The council shall meet annually in May for the purpose of 29 electing one of its members as chairperson. 30 Sec. 3. NEW SECTION . 15.223 Duties of the coordinating 31 council. 32 The coordinating council shall do all of the following: 33 1. Establish priorities for the office of planning and 34 geographic information systems. 35 -3- LSB 1345SS (5) 84 aw/rj 3/ 11
S.F. 28 2. Make investment decisions relating to state funding 1 support for the office and for local smart plan development and 2 implementation. 3 3. Establish criteria for implementation of a statewide 4 geographic information system. 5 4. Establish technical advisory committees as necessary. 6 5. Review and qualify regional smart plans. 7 Sec. 4. NEW SECTION . 15.224 Local planning grant program 8 —— appropriation. 9 1. The office of planning and geographic information 10 systems shall establish and administer a local planning grant 11 program to assist cities and counties in the development and 12 updating of local comprehensive plans. The grant program shall 13 require a local match of funding provided by the program. 14 2. Plans funded through this grant program shall 15 incorporate and be based upon the Iowa smart planning 16 principles set out in section 18B.1 and follow local 17 comprehensive planning and development guidelines as specified 18 in section 18B.2. 19 3. No more than one-half of the funds may be used to support 20 development of detailed implementation plans within five years 21 of adoption of a local comprehensive plan that incorporates the 22 smart planning principles and follows state guidance found in 23 sections 18B.1 and 18B.2. 24 4. The office shall encourage the development and updating 25 of multijurisdictional plans. 26 5. Commencing with the fiscal year beginning July 1, 2011, 27 there is annually appropriated from the general fund of the 28 state to the office five hundred thousand dollars for the 29 operation of this grant program. 30 Sec. 5. NEW SECTION . 15.225 Smart planning education 31 program. 32 1. A fund is established under the control of the office 33 of planning and geographic information systems to support the 34 development of a program to make smart planning educational 35 -4- LSB 1345SS (5) 84 aw/rj 4/ 11
S.F. 28 materials, workshops, and other necessary activities available 1 to professional planners, elected officials, and other 2 interested persons. The program shall be developed through 3 collaboration among the office, the Iowa league of cities, the 4 Iowa state association of counties, the Iowa association of 5 regional councils, and the three regents universities. 6 2. Programming shall focus on the benefits of smart planning 7 for cities, counties, and regional planning organizations, and 8 the components of smart planning in terms of plan elements and 9 plan implementation. 10 3. Programming shall reflect the Iowa smart planning 11 principles set out in section 18B.1. 12 4. The office shall develop and gather information and 13 examples which delineate the smart planning process and smart 14 planning principles. The office shall administer, gather, and 15 make accessible all of the following types of materials: 16 a. Model plans, ordinances, zoning codes, energy codes, 17 building codes, and permitting mechanisms. 18 b. Model regulatory mechanisms. 19 c. Examples of best practices and lessons learned from poor 20 planning and development decisions. 21 d. A clearinghouse of grant opportunities and contact 22 information for further assistance. 23 e. A menu of low-cost planning services available to cities, 24 counties, and regional planning organizations through nonprofit 25 and private organizations. 26 Sec. 6. Section 28H.1, Code 2011, is amended by adding the 27 following new unnumbered paragraphs: 28 NEW UNNUMBERED PARAGRAPH . A regional planning and 29 implementation entity shall be established or identified to 30 incorporate Boone, Dallas, Jasper, Marion, Polk, Story, and 31 Warren counties by January 1, 2015. 32 NEW UNNUMBERED PARAGRAPH . There is annually appropriated 33 seven hundred twenty thousand dollars from the state general 34 fund to the department of economic development for the support 35 -5- LSB 1345SS (5) 84 aw/rj 5/ 11
S.F. 28 of regional planning administration, including local plan 1 review and regional plan development, commencing with the 2 fiscal year beginning July 1, 2011. These funds shall be 3 distributed to each region in the amount of forty thousand 4 dollars per region, and forty thousand dollars shall be 5 distributed to the regional planning and implementation entity 6 serving Boone, Dallas, Jasper, Marion, Polk, Story, and Warren 7 counties once such an entity is identified. 8 Sec. 7. Section 28H.3, Code 2011, is amended by adding the 9 following new subsections: 10 NEW SUBSECTION . 5. Prepare a regional comprehensive plan 11 which shall be updated every five years. The plan shall be 12 subject to the review and approval of the office of planning 13 and geographic information systems created in section 18C.1, 14 and shall do all of the following: 15 a. Integrate the Iowa smart planning principles set out in 16 and follow the local comprehensive planning guidance provided 17 under section 18B.1. 18 b. Integrate the watershed goals and strategies, developed 19 by the department of natural resources set out in section 20 466B.33, for any overlaying river basin or river region. 21 c. Outline a process for cooperation, collaboration, 22 and decision making between member governments for 23 multijurisdictional projects and programs. 24 NEW SUBSECTION . 6. Establish a planning review committee. 25 a. A planning review committee shall consist of seven to 26 fifteen members. All members shall be Iowa residents. Members 27 may be selected to represent, but shall not be limited to, the 28 following groups or entities: 29 (1) City and county planning and zoning officials. 30 (2) City and county elected officials. 31 (3) Watershed planning entities. 32 (4) Real estate professionals. 33 (5) Developers of real property. 34 (6) Economic development organizations. 35 -6- LSB 1345SS (5) 84 aw/rj 6/ 11
S.F. 28 (7) Environmental organizations. 1 b. A planning review committee shall do all of the 2 following: 3 (1) Review local comprehensive plans for consistency with 4 the regional comprehensive plan, and provide member governments 5 with nonbinding guidance on the plans. 6 (2) Upon request by a local government, review local 7 comprehensive plans for qualification as a smart plan, on 8 behalf of the office of planning and geographic information 9 systems created in section 15.221. A local comprehensive plan 10 shall be deemed qualified as a smart plan if the plan meets all 11 of the following criteria: 12 (a) Contains all of the comprehensive planning elements 13 referred to in section 18B.2, subsection 2. 14 (b) Addresses the prevention of, response to, and recovery 15 from catastrophic flooding. 16 (c) Considers all of the smart planning principles set out 17 in section 18B.1. 18 (3) Provides a letter of qualification to cities and 19 counties that are determined to have adopted a smart plan. 20 NEW SUBSECTION . 7. Annually measure and submit all 21 requested smart planning benchmark data to the office of 22 planning and geographic information systems. 23 Sec. 8. Section 466B.3, Code 2011, is amended by adding the 24 following new subsection: 25 NEW SUBSECTION . 7. Staffing of councils. The department of 26 natural resources shall assist in staffing the water resources 27 coordinating council and the watershed planning advisory 28 council established in section 466B.31. 29 Sec. 9. Section 466B.31, subsection 2, paragraph a, Code 30 2011, is amended by adding the following new subparagraph: 31 NEW SUBPARAGRAPH . (17) One member selected by the Iowa 32 association of regional councils, as organized by the councils 33 of governments established under chapter 28H. 34 Sec. 10. NEW SECTION . 466B.33 Watershed goals and 35 -7- LSB 1345SS (5) 84 aw/rj 7/ 11
S.F. 28 strategies. 1 The department of natural resources, in collaboration 2 with the department of agriculture and land stewardship, the 3 United States natural resource conservation service, the Iowa 4 flood center, and the United States army corps of engineers, 5 shall create goals and strategies relating to soil and water 6 resources within watersheds useful to local and regional 7 planning efforts. 8 EXPLANATION 9 This bill relates to local and regional planning and 10 establishes an office of planning and geographic information 11 systems. The new office of planning and geographic information 12 systems, within the department of economic development, will be 13 responsible for developing the state’s interest in local and 14 regional land use planning, and for administering a statewide 15 geographic information and data system. The bill assigns 16 duties for the office, including planning coordination and 17 geographic information systems and data management. 18 The planning coordination duties of the office include 19 the development and coordination of educational programming, 20 establishment of a repository of comprehensive plans, annual 21 reporting to the governor and general assembly, collaboration 22 with other state agencies to incorporate smart planning 23 principles in new and existing programming, establishment of 24 internal procedures, provision of support staff to the office’s 25 coordinating council, and the provision of support staff to 26 the Iowa smart planning task force until the task force is 27 dissolved in December 2012. 28 The bill specifies that the duties of the office relating 29 to geographic information systems and data management include 30 the development and maintenance of a centralized geographic 31 information system enterprise and data distribution network, 32 the provision of technical assistance to local, regional, and 33 state users, and the creation of standards for the centralized 34 network. 35 -8- LSB 1345SS (5) 84 aw/rj 8/ 11
S.F. 28 The bill creates four full-time equivalent positions within 1 the office and allocates $450,000 annually to the department of 2 economic development for the operation of the office. 3 The bill also creates the office’s coordinating council, 4 consisting of 21 members with members selected by the Iowa 5 league of cities to represent one small city, one medium-sized 6 city, and one large city; members selected by the Iowa 7 association of counties to represent one rural and one urban 8 county; a member selected by the Iowa association of regional 9 councils; members selected by the presidents of the three 10 regents universities; members representing the departments of 11 agriculture and land stewardship, cultural affairs, economic 12 development, management, natural resources, and transportation, 13 and the homeland security and emergency management division of 14 the department of public defense, and members appointed by the 15 governor. Members are appointed to serve three-year staggered 16 terms from all geographic regions of the state. 17 The bill requires that the council establish priorities 18 for the office, make investment decisions, establish criteria 19 for the implementation of a statewide geographic information 20 system, establish technical advisory committees, and review and 21 qualify regional smart comprehensive plans. 22 The bill establishes a local planning grant program 23 within the office. The program is meant to assist cities and 24 counties in developing or updating local comprehensive plans. 25 The program requires that funds be used in the creation or 26 updating of a smart plan. Some funds may also be used for the 27 administration of these plans. The bill requires the office 28 to encourage multijurisdictional plans. The bill makes an 29 award appropriation of $500,000 from the general fund for the 30 operation of this program. 31 The bill creates a smart planning education program, 32 and establishes a fund to develop educational materials 33 for professional planners and local elected officials. The 34 materials must focus on the benefits of smart planning to 35 -9- LSB 1345SS (5) 84 aw/rj 9/ 11
S.F. 28 communities and gather examples for dissemination. The 1 program, under the authority of the office, must be developed 2 in coordination with the Iowa league of cities, the Iowa state 3 association of counties, the Iowa association of regional 4 councils, and the three regents universities. 5 In relation to councils of governments, the bill requires 6 that Boone, Dallas, Jasper, Marion, Polk, Story, and Warren 7 counties be incorporated into a regional planning entity 8 by January 1, 2015. The bill also provides an annual 9 appropriation of $720,000 to the department of economic 10 development from the general fund for the support of regional 11 planning and administration. The bill requires that these 12 funds be distributed to each existing region, and once 13 identified to the region incorporating Boone, Dallas, Jasper, 14 Marion, Polk, Story, and Warren counties. 15 The bill requires councils of governments to prepare 16 regional comprehensive plans, integrate smart planning 17 principles, integrate watershed goals and strategies, and 18 outline processes for cooperation between member governments. 19 The bill requires that councils of governments establish 20 planning review committees. The bill describes particular 21 groups that may serve on these review committees. 22 Representatives may include city and county planning and zoning 23 officials, city and county elected officials, individuals 24 from watershed planning entities, real estate professionals, 25 developers, individuals from economic development 26 organizations, or individuals from environmental organizations. 27 The bill may include a state mandate as defined in Code 28 section 25B.3. 29 The bill sets out the duties of these planning review 30 committees to include the review of local comprehensive plans 31 for consistency with the regional comprehensive plan, the 32 provision of nonbinding guidance upon completion of such 33 review, the review of local smart plans, and the provision of 34 letters of qualification to cities and counties determined to 35 -10- LSB 1345SS (5) 84 aw/rj 10/ 11
S.F. 28 have adopted a smart plan. 1 The bill further requires that councils of governments 2 provide the office with all requested data related to smart 3 planning benchmarks. 4 The bill requires that the department of natural resources 5 staff both the water resources coordinating council and the 6 watershed planning advisory council. 7 The watershed planning advisory council is expanded by 8 one member to include a representative selected by the Iowa 9 association of regional councils. 10 The bill creates a new Code section for the establishment of 11 watershed goals and strategies, requiring that the department 12 of natural resources in collaboration with the department of 13 agriculture and land stewardship, the United States natural 14 resource conservation service, the Iowa flood center, and 15 the United States army corps of engineers develop goals and 16 strategies for local and regional planning efforts, relating to 17 soil and water resources of watersheds. 18 -11- LSB 1345SS (5) 84 aw/rj 11/ 11