HF 2028 (LSB 5074YH (2) 85)

HOUSE FILE 2028

BY  MURPHY

A BILL FOR

An Act relating to mining of silica sand and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  SILICA SAND MINING —— TEMPORARY MORATORIUM —— ENVIRONMENTAL AND TRANSPORTATION STUDY.
   1.  For purposes of this section, “silica sand” means well-rounded, sand-sized grains of quartz, also known as silicon dioxide, with few impurities in terms of other minerals that is typically used in the process of hydraulic fracturing of shale. “Silica sand” does not include common rock, stone, aggregate, gravel, sand with a low quartz level, or silica compounds recovered as a by-product of metallic mining.
   2.  On or after the effective date of this Act and prior to July 1, 2016, the department of agriculture and land stewardship shall not issue a new mining license pursuant to section 208.7 for an operator to engage in the mining of silica sand and shall not approve the registration of a new mine site for silica sand pursuant to section 208.9.
   3.  a.  The department of natural resources, the department of agriculture and land stewardship, and the department of transportation shall conduct a joint study regarding the mining of silica sand in this state. The study shall include an evaluation of the existing and potential effects of silica sand mining on water quality, air quality, and primary and secondary road quality. The study shall also include proposed standards for silica sand mining.
   b.  A report on the study shall be filed with the general assembly and the governor by July 1, 2015.
    Sec. 2.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to the mining of silica sand.
   The bill prohibits the department of agriculture and land stewardship, on or after the effective date of the bill and prior to July 1, 2016, from issuing a new mining license for an operator to engage in the mining of silica sand and from approving the registration of a new mine site for silica sand.
   The bill requires the department of natural resources, the department of agriculture and land stewardship, and the department of transportation to conduct a joint study regarding the mining of silica sand in this state. The bill requires the study to include an evaluation of the existing and potential effects of silica sand mining on water quality, air quality, and primary and secondary road quality and proposed standards for silica sand mining. A report on the study must be filed with the general assembly and the governor by July 1, 2015.
   The bill takes effect upon enactment.