Senate Study Bill 3091 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON DANIELSON) A BILL FOR An Act creating a sandrock center for land and water science, 1 and providing for the transfer of positions from the 2 department of natural resources to the center. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5221XC (2) 84 da/nh
S.F. _____ Section 1. Section 352.4, subsection 4, Code Supplement 1 2011, is amended to read as follows: 2 4. The state department of agriculture and land 3 stewardship, department of management, department of natural 4 resources, geological survey sandrock center for land and water 5 science , state agricultural extension service, and the economic 6 development authority shall, upon request, provide to each 7 county commission any pertinent land use information available 8 to assist in the compiling of the county land use inventories. 9 Sec. 2. Section 455A.4, subsection 1, paragraph b, Code 10 2011, is amended to read as follows: 11 b. Provide overall supervision, direction, and coordination 12 of functions to be administered by the administrators under 13 chapters 321G , 321I , 455B , 455C , 456 , 456A , 456B , 457A , 458A , 14 459 , 459A , 459B , 461A , 462A , 462B , 464A , 465C , 473 , 481A , 481B , 15 483A , 484A , and 484B . 16 Sec. 3. Section 455B.187, unnumbered paragraph 1, Code 17 2011, is amended to read as follows: 18 A contractor shall not engage in well construction or 19 reconstruction without first being certified as required 20 in this part and department rules adopted pursuant to this 21 part. Water wells shall not be constructed, reconstructed, 22 or abandoned by a person except as provided in this part or 23 rules adopted pursuant to this part. Within thirty days after 24 construction or reconstruction of a well, a contractor shall 25 provide well information required by rule to the department and 26 the Iowa geological survey sandrock center for land and water 27 science . 28 Sec. 4. Section 455B.262, subsection 1, Code 2011, is 29 amended to read as follows: 30 1. It is recognized that the protection of life and 31 property from floods, the prevention of damage to lands from 32 floods, and the orderly development, wise use, protection, 33 and conservation of the water resources of the state by their 34 considered and proper use is of paramount importance to the 35 -1- LSB 5221XC (2) 84 da/nh 1/ 7
S.F. _____ welfare and prosperity of the people of the state, and to 1 realize these objectives, it is the policy of the state to 2 correlate and vest the powers of the state in a single agency, 3 the department, with the duty and authority to assess the 4 water needs of all water users at five-year intervals for the 5 twenty years beginning January 1, 1985, and ending December 6 31, 2004, utilizing a database developed and managed by the 7 Iowa geological survey sandrock center for land and water 8 science , and to prepare a general plan of water allocation 9 in this state considering the quantity and quality of water 10 resources available in this state designed to meet the specific 11 needs of the water users. The department shall also develop 12 and the department shall adopt no later than June 30, 1986, 13 a plan for delineation of floodplain and floodway boundaries 14 for selected stream reaches in the various river basins of 15 the state. Selection of the stream reaches and assignment of 16 priorities for mapping of the selected reaches shall be based 17 on consideration of flooding characteristics, the type and 18 extent of existing and anticipated flood plain development in 19 particular stream reaches, and the needs of local governmental 20 bodies for assistance in delineating floodplain and floodway 21 boundaries. The plan of floodplain mapping shall be for the 22 period from June 30, 1986, to December 31, 2004. After the 23 department adopts a plan of floodplain mapping, the department 24 shall submit a progress report and proposed implementation 25 schedule to the general assembly biennially. The department 26 may modify the floodplain mapping plan as needed in response to 27 changing circumstances. 28 Sec. 5. Section 456.1, Code Supplement 2011, is amended to 29 read as follows: 30 456.1 Geological survey Sandrock center for land and water 31 science created —— definitions . 32 1. A geological survey of the state sandrock center for land 33 and water science is created within the department . 34 2. As used in this chapter , unless the context otherwise 35 -2- LSB 5221XC (2) 84 da/nh 2/ 7
S.F. _____ requires: 1 a. “Department” means the department of natural resources 2 created under section 455A.2 . 3 b. “Director” means the director of the department. 4 2. The sandrock center for land and water science shall be 5 located in or in proximity to Iowa City. For administrative 6 purposes, the president of the state university of Iowa shall 7 cooperate with the director of the center to provide office 8 space, staff assistance, and necessary supplies and equipment. 9 3. The state geologist may establish divisions within the 10 center and positions within each division, which may provide 11 for geological studies, stratigraphy and economic geology, 12 water resources, technical services, administrative services, 13 and contracts and grants administration. 14 Sec. 6. NEW SECTION . 456.1A Definitions. 15 As used in this chapter, unless the context otherwise 16 requires, “center” means the sandrock center for land and water 17 science. 18 Sec. 7. NEW SECTION . 456.1B Mission. 19 1. It is the mission of the sandrock center for land and 20 water science to plan and implement initiatives that result 21 in the acquisition of comprehensive information regarding the 22 mineral and water resources of this state, with an emphasis 23 on water supply developments and monitoring the effects 24 of environmental impacts on water quality in a politically 25 independent manner. The center shall endeavor to enhance this 26 state’s economy through the development and management of this 27 state’s precious geological and hydrological resources, while 28 providing a clean and healthy environment for Iowa’s citizens. 29 2. The sandrock center for land and water science shall 30 analyze, interpret, and make available to the public, private 31 sector, and public policy-makers publications, consultant 32 services, and a library of databases in order to improve the 33 integration and analysis of natural resource information in 34 a manner that informs decisions affecting the management, 35 -3- LSB 5221XC (2) 84 da/nh 3/ 7
S.F. _____ development, and protection of Iowa’s natural resources. 1 Sec. 8. NEW SECTION . 456.1C Cooperation. 2 The sandrock center for land and water science shall 3 cooperate with federal and state agencies to maximize the 4 benefits derived from resource assessments and to expand 5 educational and technology transfer programs. The center shall 6 cooperate with all of the following: 7 1. For the federal government, the United States department 8 of agriculture and United States geological survey. 9 2. For institutions under the control of the state board of 10 regents, the Iowa flood center established in section 466C.1, 11 the state hygienic laboratory as provided in section 263.7, and 12 the state archaeologist appointed pursuant to section 263B.1. 13 Sec. 9. Section 456.2, Code 2011, is amended to read as 14 follows: 15 456.2 State geologist —— qualifications. 16 1. The director governor shall appoint the state geologist , 17 subject to confirmation by the senate . 18 2. The state geologist shall serve at the pleasure of 19 the governor. The state geologist is exempt from the merit 20 system provisions of chapter 8A, subchapter IV. The governor 21 shall set the salary of the state geologist within the range 22 established by the general assembly. 23 3. The state geologist must have a degree in geology from an 24 accredited college or university and must have at least five 25 years of geological experience. The annual salary of the state 26 geologist shall be determined by the director. 27 Sec. 10. Section 456.3, Code 2011, is amended to read as 28 follows: 29 456.3 Survey. 30 The state geologist shall be director of the survey sandrock 31 center for land and water science and shall make a complete 32 survey of the natural resources of the state in all their 33 economic and scientific aspects, including the determination 34 of the order, arrangement, dip, and comparative magnitude of 35 -4- LSB 5221XC (2) 84 da/nh 4/ 7
S.F. _____ the various formations; the discovery and examination of all 1 useful deposits, including their richness in mineral contents 2 and their fossils; and the investigation of the position, 3 formation, and arrangement of the different ores, coals, clays, 4 building stones, glass sands, marls, peats, mineral oils, 5 natural gases, mineral and artesian waters, and such other 6 minerals or other materials as may be useful, with particular 7 regard to the value thereof for commercial purposes and their 8 accessibility. 9 Sec. 11. Section 456.13, Code 2011, is amended to read as 10 follows: 11 456.13 Maps property of state —— custody —— copies. 12 The maps so delivered to the state geologist shall be the 13 property of the state and shall remain in the custody of the 14 state geologist. They shall be kept at the office of the 15 geological survey sandrock center for land and water science 16 and be open to examination by all persons interested in the 17 maps ; but . However, such examination shall only be made in the 18 presence of the state geologist or a designee, and the state 19 geologist shall not permit any copies of the maps to be made 20 without the written consent of the operator or the owner of the 21 property, except as provided in section 456.11 or if the mine 22 has been abandoned for at least five years. 23 Sec. 12. TRANSFER OF POSITIONS. Persons who were employed 24 by the department of natural resources as part of its Iowa 25 geological and water survey on June 30, 2012, are transferred 26 to the sandrock center for land and water science as created 27 in this Act. 28 Sec. 13. ADMINISTRATIVE RULES —— TRANSITION PROVISIONS. 29 1. Any rule, regulation, form, order, or directive 30 promulgated by the department of natural resources as required 31 to administer and enforce the provisions of chapter 456 shall 32 continue in full force and effect until amended, repealed, or 33 supplemented by affirmative action of the sandrock center for 34 land and water science. 35 -5- LSB 5221XC (2) 84 da/nh 5/ 7
S.F. _____ 2. An administrative hearing or court proceeding arising 1 out of an enforcement action under section 192.109 pending 2 on the effective date of this Act shall not be affected due 3 to this Act. Any cause of action or statute of limitation 4 relating to an action taken by the department of natural 5 resources shall not be affected as a result of this Act and 6 such cause or statute of limitation shall apply to the sandrock 7 center for land and water science. 8 3. Any personnel in the state merit system of employment 9 who are mandatorily transferred due to the effect of this Act 10 shall be so transferred without any loss in salary, benefits, 11 or accrued years of service. 12 4. Any replacement of signs, logos, stationery, insignia, 13 uniforms, and related items that is made necessary due to 14 the effect of this Act shall be done as part of the normal 15 replacement cycle for such items. 16 EXPLANATION 17 In 1986, the general assembly enacted a comprehensive 18 reorganization of state government (1986 Iowa Acts, ch. 19 1245). As part of that legislation, the geological survey was 20 transferred under the authority of the department of natural 21 resources (referred to by the department but not in statute as 22 the Iowa geological and water survey). The department’s unit 23 is headed by the state geologist and the survey is located in 24 Iowa City. 25 This bill renames the survey as the sandrock center for land 26 and water science. It provides that the state geologist is 27 appointed by the governor and confirmed by the senate in the 28 same manner as a department’s director. It provides for the 29 center’s mission which is to compile and analyze information 30 regarding the mineral and water resources of this state, 31 authorizes the center to cooperate with federal and state 32 agencies, and provides for its administration including its 33 location in Iowa City. 34 The bill provides for the transfer of personnel, the 35 -6- LSB 5221XC (2) 84 da/nh 6/ 7
S.F. _____ effectiveness of administrative rules, and the use of 1 items which include references to the department of natural 2 resources. 3 -7- LSB 5221XC (2) 84 da/nh 7/ 7