SENATE FILE _____

BY  (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON DANIELSON)

A BILL FOR

An Act relating to local and regional planning and creating a state office of planning and geographic information systems within the department of economic development and making appropriations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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