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
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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
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_____
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
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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
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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
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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.
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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
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effectiveness
of
administrative
rules,
and
the
use
of
1
items
which
include
references
to
the
department
of
natural
2
resources.
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