Senate File 489 - Introduced SENATE FILE 489 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 1068) A BILL FOR An Act relating to local and regional planning and creating a 1 state office of planning and geographic information systems 2 within the homeland security and emergency management 3 division of the department of public defense and making 4 appropriations. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1345SV (2) 84 aw/rj

S.F. 489 Section 1. NEW SECTION . 29C.23 Office of planning and 1 geographic information systems created —— appropriation. 2 1. An office of planning and geographic information 3 systems is created within the homeland security and emergency 4 management division of the department of public defense 5 responsible for developing the state’s interest in coordinated 6 and integrated local and regional land use planning, and for 7 administering a statewide geographic information and data 8 system. The duties of the office shall include all of the 9 following: 10 a. Planning coordination for which the office shall do all 11 of the following: 12 (1) Develop and coordinate smart planning educational 13 programming for planning professionals, elected officials, and 14 the public, as approved by the coordinating council created in 15 section 29C.24. 16 (2) Establish a publicly accessible electronic repository 17 for local and regional comprehensive plans. 18 (3) Provide an annual smart planning report to the governor 19 and general assembly by November 1. 20 (4) Administer and deliver smart planning technical and 21 financial assistance to regional organizations and local 22 governments. 23 (5) Establish an appeals process to allow for the review of 24 local comprehensive plans for qualification as a smart plan as 25 set out in section 28H.3, subsection 6. 26 (6) Work with other state agencies to incorporate the smart 27 planning principles set out in section 18B.1 into new and 28 existing programs, including the state’s enterprise strategic 29 planning process, with consideration for providing incentives 30 for the use of smart planning principles. 31 (7) Provide staff support to the coordinating council for 32 the office of planning and geographic information systems. 33 (8) Provide staff support to the Iowa smart planning task 34 force established by 2010 Iowa Acts, chapter 1184, section 35 -1- LSB 1345SV (2) 84 aw/rj 1/ 11

S.F. 489 25, through December 31, 2012, in collaboration with the Iowa 1 association of regional councils, as organized by the councils 2 of governments established under chapter 28H. 3 b. The development of geographic information and data 4 management systems which shall include all of the following: 5 (1) Development and maintenance of a centralized geographic 6 information system enterprise and data distribution network. 7 (2) Provision of technical assistance to local, regional, 8 and state geographic information systems providers and users. 9 (3) Creation of standards for geographic information 10 systems and data for the centralized network. 11 2. Two full-time equivalent positions shall be designated 12 for this office commencing with the fiscal year beginning July 13 1, 2011. There is annually appropriated from the general fund 14 of the state two hundred thousand dollars to the homeland 15 security and emergency management division of the department of 16 public defense for the operation of this office. 17 Sec. 2. NEW SECTION . 29C.24 Coordinating council created. 18 1. A coordinating council is created for the office of 19 planning and geographic information systems which shall consist 20 of the following twenty-one members: 21 a. One representative selected by the Iowa league of cities, 22 from a city having a population of five thousand or less 23 according to the most recent certified federal census. 24 b. One representative selected by the Iowa league of cities, 25 from a city having a population of more than five thousand and 26 less than twenty-five thousand according to the most recent 27 certified federal census. 28 c. One representative selected by the Iowa league of cities, 29 from a city having a population of twenty-five thousand or more 30 according to the most recent certified federal census. 31 d. One representative selected by the Iowa state association 32 of counties from a rural county not considered part of a 33 metropolitan statistical area according to the most recent 34 certified federal census. 35 -2- LSB 1345SV (2) 84 aw/rj 2/ 11

S.F. 489 e. One representative selected by the Iowa state association 1 of counties from an urban county considered part of a 2 metropolitan statistical area according to the most recent 3 certified federal census. 4 f. One representative selected by the Iowa association of 5 regional councils, as organized by the councils of governments 6 established under chapter 28H. 7 g. One representative from the state university of Iowa 8 selected by the university president. 9 h. One representative from the Iowa state university of 10 science and technology selected by the university president. 11 i. One representative from the university of northern Iowa 12 selected by the university president. 13 j. The directors or administrators or their representatives 14 from the following departments or divisions: 15 (1) Department of agriculture and land stewardship. 16 (2) Department of cultural affairs. 17 (3) Department of economic development. 18 (4) Department of management. 19 (5) Department of natural resources. 20 (6) Department of transportation. 21 (7) Homeland security and emergency management division of 22 the department of public defense. 23 k. Five representatives appointed by the governor. 24 2. The appointments made by the Iowa league of cities, Iowa 25 state association of counties, Iowa association of regional 26 councils, and governor shall be coordinated so that appointees 27 are appointed to three-year staggered terms and there is broad 28 geographic representation from around the state. 29 3. The council shall meet annually in May for the purpose of 30 electing one of its members as chairperson. 31 Sec. 3. NEW SECTION . 29C.25 Duties of the coordinating 32 council. 33 The coordinating council shall do all of the following: 34 1. Establish priorities for the office of planning and 35 -3- LSB 1345SV (2) 84 aw/rj 3/ 11

S.F. 489 geographic information systems. 1 2. Make investment decisions relating to state funding 2 support for the office and for local smart plan development and 3 implementation. 4 3. Establish criteria for implementation of a statewide 5 geographic information system. 6 4. Establish technical advisory committees as necessary. 7 5. Review and qualify regional smart plans. 8 Sec. 4. NEW SECTION . 29C.26 Local planning grant program 9 —— appropriation. 10 1. The office of planning and geographic information 11 systems shall establish and administer a local planning grant 12 program to assist cities and counties in the development and 13 updating of local comprehensive plans. The grant program shall 14 require a local match of funding provided by the program. 15 2. Plans funded through this grant program shall 16 incorporate and be based upon the Iowa smart planning 17 principles set out in section 18B.1 and follow local 18 comprehensive planning and development guidelines as specified 19 in section 18B.2. 20 3. No more than one-half of the funds may be used to support 21 development of detailed implementation plans within five years 22 of adoption of a local comprehensive plan that incorporates the 23 smart planning principles and follows state guidance found in 24 sections 18B.1 and 18B.2. 25 4. The office shall encourage the development and updating 26 of multijurisdictional plans. 27 5. Commencing with the fiscal year beginning July 1, 2012, 28 there is annually appropriated from the general fund of the 29 state to the office five hundred thousand dollars for the 30 operation of this grant program. 31 Sec. 5. NEW SECTION . 29C.27 Smart planning education 32 program. 33 1. A fund is established under the control of the office 34 of planning and geographic information systems to support the 35 -4- LSB 1345SV (2) 84 aw/rj 4/ 11

S.F. 489 development of a program to make smart planning educational 1 materials, workshops, and other necessary activities available 2 to professional planners, elected officials, and other 3 interested persons. The program shall be developed through 4 collaboration among the office, the Iowa league of cities, the 5 Iowa state association of counties, the Iowa association of 6 regional councils, and the three regents universities. 7 2. Programming shall focus on the benefits of smart planning 8 for cities, counties, and regional planning organizations, and 9 the components of smart planning in terms of plan elements and 10 plan implementation. 11 3. Programming shall reflect the Iowa smart planning 12 principles set out in section 18B.1. 13 4. The office shall develop and gather information and 14 examples which delineate the smart planning process and smart 15 planning principles. The office shall administer, gather, and 16 make accessible all of the following types of materials: 17 a. Model plans, ordinances, zoning codes, energy codes, 18 building codes, and permitting mechanisms. 19 b. Model regulatory mechanisms. 20 c. Examples of best practices and lessons learned from poor 21 planning and development decisions. 22 d. A clearinghouse of grant opportunities and contact 23 information for further assistance. 24 e. A menu of low-cost planning services available to cities, 25 counties, and regional planning organizations through nonprofit 26 and private organizations. 27 Sec. 6. Section 28H.1, Code 2011, is amended by adding the 28 following new unnumbered paragraphs: 29 NEW UNNUMBERED PARAGRAPH . A regional planning and 30 implementation entity shall be established or identified to 31 incorporate Boone, Dallas, Jasper, Marion, Polk, Story, and 32 Warren counties by January 1, 2015. 33 NEW UNNUMBERED PARAGRAPH . There is annually appropriated 34 seven hundred twenty thousand dollars from the state general 35 -5- LSB 1345SV (2) 84 aw/rj 5/ 11

S.F. 489 fund to the homeland security and emergency management division 1 of the department of public defense for the support of regional 2 planning administration, including local plan review and 3 regional plan development, commencing with the fiscal year 4 beginning July 1, 2012. These funds shall be distributed to 5 each region in the amount of forty thousand dollars per region, 6 and forty thousand dollars shall be distributed to the regional 7 planning and implementation entity serving Boone, Dallas, 8 Jasper, Marion, Polk, Story, and Warren counties once such an 9 entity is identified. 10 Sec. 7. Section 28H.3, Code 2011, is amended by adding the 11 following new subsections: 12 NEW SUBSECTION . 5. Prepare a regional comprehensive plan 13 which shall be updated every five years. The plan shall be 14 subject to the review and approval of the office of planning 15 and geographic information systems created in section 29C.23, 16 and shall do all of the following: 17 a. Integrate the Iowa smart planning principles set out in 18 and follow the local comprehensive planning guidance provided 19 under section 18B.1. 20 b. Integrate the watershed goals and strategies, developed 21 by the department of natural resources set out in section 22 466B.33, for any overlaying river basin or river region. 23 c. Outline a process for cooperation, collaboration, 24 and decision making between member governments for 25 multijurisdictional projects and programs. 26 NEW SUBSECTION . 6. Establish a planning review committee. 27 a. A planning review committee shall consist of seven to 28 fifteen members. All members shall be Iowa residents. Members 29 may be selected to represent, but shall not be limited to, the 30 following groups or entities: 31 (1) City and county planning and zoning officials. 32 (2) City and county elected officials. 33 (3) Watershed planning entities. 34 (4) Real estate professionals. 35 -6- LSB 1345SV (2) 84 aw/rj 6/ 11

S.F. 489 (5) Developers of real property. 1 (6) Economic development organizations. 2 (7) Environmental organizations. 3 b. A planning review committee shall do all of the 4 following: 5 (1) Review local comprehensive plans for consistency with 6 the regional comprehensive plan, and provide member governments 7 with nonbinding guidance on the plans. 8 (2) Upon request by a local government, review local 9 comprehensive plans for qualification as a smart plan, on 10 behalf of the office of planning and geographic information 11 systems created in section 29C.23. A local comprehensive plan 12 shall be deemed qualified as a smart plan if the plan meets all 13 of the following criteria: 14 (a) Contains all of the comprehensive planning elements 15 referred to in section 18B.2, subsection 2. 16 (b) Addresses the prevention of, response to, and recovery 17 from catastrophic flooding. 18 (c) Considers all of the smart planning principles set out 19 in section 18B.1. 20 (3) Provides a letter of qualification to cities and 21 counties that are determined to have adopted a smart plan. 22 NEW SUBSECTION . 7. Annually measure and submit all 23 requested smart planning benchmark data to the office of 24 planning and geographic information systems. 25 Sec. 8. Section 466B.3, Code 2011, is amended by adding the 26 following new subsection: 27 NEW SUBSECTION . 7. Staffing of councils. The department of 28 natural resources shall assist in staffing the water resources 29 coordinating council and the watershed planning advisory 30 council established in section 466B.31. 31 Sec. 9. Section 466B.31, subsection 2, paragraph a, Code 32 2011, is amended by adding the following new subparagraph: 33 NEW SUBPARAGRAPH . (17) One member selected by the Iowa 34 association of regional councils, as organized by the councils 35 -7- LSB 1345SV (2) 84 aw/rj 7/ 11

S.F. 489 of governments established under chapter 28H. 1 Sec. 10. NEW SECTION . 466B.33 Watershed goals and 2 strategies. 3 The department of natural resources, in collaboration 4 with the department of agriculture and land stewardship, the 5 United States natural resource conservation service, the Iowa 6 flood center, and the United States army corps of engineers, 7 shall create goals and strategies relating to soil and water 8 resources within watersheds useful to local and regional 9 planning efforts. 10 EXPLANATION 11 This bill relates to local and regional planning and 12 establishes an office of planning and geographic information 13 systems. The new office of planning and geographic information 14 systems, within the division of homeland security and emergency 15 management of the department of public defense, will be 16 responsible for developing the state’s interest in local and 17 regional land use planning, and for administering a statewide 18 geographic information and data system. The bill assigns 19 duties for the office, including planning coordination and 20 geographic information systems and data management. 21 The planning coordination duties of the office include 22 the development and coordination of educational programming, 23 establishment of a repository of comprehensive plans, annual 24 reporting to the governor and general assembly, collaboration 25 with other state agencies to incorporate smart planning 26 principles in new and existing programming, establishment of 27 internal procedures, provision of support staff to the office’s 28 coordinating council, and the provision of support staff to 29 the Iowa smart planning task force until the task force is 30 dissolved in December 2012. 31 The bill specifies that the duties of the office relating 32 to geographic information systems and data management include 33 the development and maintenance of a centralized geographic 34 information system enterprise and data distribution network, 35 -8- LSB 1345SV (2) 84 aw/rj 8/ 11

S.F. 489 the provision of technical assistance to local, regional, and 1 state users, and the creation of standards for the centralized 2 network. 3 The bill creates two full-time equivalent positions within 4 the office and allocates $200,000 annually to the department of 5 economic development for the operation of the office. 6 The bill also creates the office’s coordinating council, 7 consisting of 21 members with members selected by the Iowa 8 league of cities to represent one small city, one medium-sized 9 city, and one large city; members selected by the Iowa 10 association of counties to represent one rural and one urban 11 county; a member selected by the Iowa association of regional 12 councils; members selected by the presidents of the three 13 regents universities; members representing the departments of 14 agriculture and land stewardship, cultural affairs, economic 15 development, management, natural resources, and transportation, 16 and the homeland security and emergency management division of 17 the department of public defense, and members appointed by the 18 governor. Members are appointed to serve three-year staggered 19 terms from all geographic regions of the state. 20 The bill requires that the council establish priorities 21 for the office, make investment decisions, establish criteria 22 for the implementation of a statewide geographic information 23 system, establish technical advisory committees, and review and 24 qualify regional smart comprehensive plans. 25 The bill establishes a local planning grant program 26 within the office. The program is meant to assist cities and 27 counties in developing or updating local comprehensive plans. 28 The program requires that funds be used in the creation or 29 updating of a smart plan. Some funds may also be used for the 30 administration of these plans. The bill requires the office 31 to encourage multijurisdictional plans. The bill makes an 32 annual appropriation of $500,000 from the general fund for the 33 operation of this program commencing in fiscal year 2012-2013. 34 The bill creates a smart planning education program, 35 -9- LSB 1345SV (2) 84 aw/rj 9/ 11

S.F. 489 and establishes a fund to develop educational materials 1 for professional planners and local elected officials. The 2 materials must focus on the benefits of smart planning to 3 communities and gather examples for dissemination. The 4 program, under the authority of the office, must be developed 5 in coordination with the Iowa league of cities, the Iowa state 6 association of counties, the Iowa association of regional 7 councils, and the three regents universities. 8 In relation to councils of governments, the bill requires 9 that Boone, Dallas, Jasper, Marion, Polk, Story, and Warren 10 counties be incorporated into a regional planning entity 11 by January 1, 2015. The bill also provides an annual 12 appropriation of $720,000 commencing in fiscal year 2012-2013 13 to the division of homeland security and emergency management 14 of the department of public defense from the general fund for 15 the support of regional planning and administration. The bill 16 requires that these funds be distributed to each existing 17 region, and once identified to the region incorporating Boone, 18 Dallas, Jasper, Marion, Polk, Story, and Warren counties 19 beginning in fiscal year 2013. 20 The bill requires councils of governments to prepare 21 regional comprehensive plans, integrate smart planning 22 principles, integrate watershed goals and strategies, and 23 outline processes for cooperation between member governments. 24 The bill requires that councils of governments establish 25 planning review committees. The bill describes particular 26 groups that may serve on these review committees. 27 Representatives may include city and county planning and zoning 28 officials, city and county elected officials, individuals 29 from watershed planning entities, real estate professionals, 30 developers, individuals from economic development 31 organizations, or individuals from environmental organizations. 32 The bill sets out the duties of these planning review 33 committees to include the review of local comprehensive plans 34 for consistency with the regional comprehensive plan, the 35 -10- LSB 1345SV (2) 84 aw/rj 10/ 11

S.F. 489 provision of nonbinding guidance upon completion of such 1 review, the review of local smart plans, and the provision of 2 letters of qualification to cities and counties determined to 3 have adopted a smart plan. 4 The bill further requires that councils of governments 5 provide the office with all requested data related to smart 6 planning benchmarks. 7 The bill requires that the department of natural resources 8 staff both the water resources coordinating council and the 9 watershed planning advisory council. 10 The watershed planning advisory council is expanded by 11 one member to include a representative selected by the Iowa 12 association of regional councils. 13 The bill creates a new Code section for the establishment of 14 watershed goals and strategies, requiring that the department 15 of natural resources in collaboration with the department of 16 agriculture and land stewardship, the United States natural 17 resource conservation service, the Iowa flood center, and 18 the United States army corps of engineers develop goals and 19 strategies for local and regional planning efforts, relating to 20 soil and water resources of watersheds. 21 The bill may include a state mandate as defined in Code 22 section 25B.3. 23 -11- LSB 1345SV (2) 84 aw/rj 11/ 11