Senate File 2088 - Introduced SENATE FILE 2088 BY SINCLAIR A BILL FOR An Act providing for regulation of certain noncoal mine sites, 1 including the reclamation of land above active underground 2 mine sites disturbed by the formation of sinkholes, 3 making penalties applicable, and including effective date 4 provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5928XS (1) 90 da/ns

S.F. 2088 Section 1. NEW SECTION . 208.6 Maps. 1 Upon request by the division, the state geologist shall 2 furnish the division with the latest filed maps and extensions 3 of active mine sites pursuant to section 456.11 . 4 Sec. 2. Section 208.8, subsection 1, Code 2024, is amended 5 to read as follows: 6 1. The division may , for repeated or willful for a violation 7 of any of the provisions of a provision of this chapter , 8 including the violation of a rule adopted or an order issued 9 pursuant to this chapter , initiate an action to suspend, 10 revoke, or refuse to issue a mining license. 11 Sec. 3. Section 208.9, Code 2024, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 2A. An operator of an active underground 14 mine site shall immediately notify the division of the 15 formation of a sinkhole located at or above the underground 16 mine site. 17 Sec. 4. Section 208.10A, subsection 1, unnumbered paragraph 18 1, Code 2024, is amended to read as follows: 19 Any A person who violates an order issued pursuant to section 20 208.10 or 208.17A shall be subject to an administrative penalty 21 determined by the division not to exceed five thousand dollars 22 per violation. 23 Sec. 5. NEW SECTION . 208.17A Active underground mines. 24 1. The division may adopt rules providing for the 25 reclamation of lands disturbed due to the formation of a 26 sinkhole at or above an active underground mine site required 27 to be registered pursuant to section 208.9 . The administrator 28 may issue an emergency remediation order to the operator of 29 the mine requiring immediate restoration. The division shall 30 deliver a copy of the emergency reclamation order to the 31 operator by personal service. 32 2. The division may require the operator to submit to the 33 division for approval a remediation plan or statement affirming 34 that the remediation has been completed in compliance with 35 -1- LSB 5928XS (1) 90 da/ns 1/ 4

S.F. 2088 division requirements. 1 Sec. 6. Section 208.19, Code 2024, is amended by adding the 2 following new subsection: 3 NEW SUBSECTION . 4. This section does not apply to the 4 reclamation of an active underground mine site as provided in 5 section 208.17A. 6 Sec. 7. Section 208.20, Code 2024, is amended to read as 7 follows: 8 208.20 Extension of time. 9 The time for completion of reclamation work may be extended 10 upon presentation by the operator of evidence satisfactory 11 to the division that the reclamation of affected land cannot 12 be completed within the time specified by section 208.17A or 13 208.19. 14 Sec. 8. NEW SECTION . 208.24A Use of single or multiple 15 bonds. 16 Regardless of whether an operator posts a number of multiple 17 bonds each for a single mine site or a single bond for multiple 18 mine sites, the total amount of the multiple bonds combined 19 or the single bond shall be applied to cover the costs of 20 completing the reclamation of lands at any one mine site 21 required to be registered pursuant to section 208.9 . 22 Sec. 9. Section 456.11, subsection 9, Code 2024, is amended 23 to read as follows: 24 9. a. Abandoned mine Mines . When any an underground mine 25 is worked out or is about to be abandoned or indefinitely 26 closed, the operator of the same shall make or cause to be made 27 a completed and extended map of the mine and the result of the 28 same shall be duly extended on all maps of the mine and copies 29 thereof so as to show all excavations and the most advanced 30 workings of the mine, and their exact relation to the boundary 31 or section lines on the surface, and deliver to the state 32 geologist a copy of the completed map. 33 b. When an underground mining site is active, its operator 34 shall provide a current map and current map extensions of 35 -2- LSB 5928XS (1) 90 da/ns 2/ 4

S.F. 2088 the active underground mining site to the state geologist as 1 required by the state geologist. The state geologist shall 2 deliver a copy of the current map and current map extensions 3 to the division of soil conservation and water quality of the 4 department of agriculture and land stewardship as provided in 5 section 208.6 . 6 Sec. 10. EFFECTIVE DATE. This Act, being deemed of 7 immediate importance, takes effect upon enactment. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 GENERAL. This bill amends provisions in Code chapter 208 12 regulating the mining of minerals, including surface mining 13 and underground mining, other than for coal, and provides 14 requirements for the reclamation of lands at the mine site. 15 The provisions are administered and enforced by the division of 16 soil and water conservation (division), an administrative unit 17 of the department of agriculture and land stewardship (Code 18 chapter 159), in cooperation with the state soil conservation 19 and water quality committee (Code section 161A.4). The 20 provisions regulate a person engaged in and controlling the 21 mining operation (operator). This includes a requirement that 22 the operator be issued a license (Code sections 208.7 and 23 208.8) and register the mine being operated (Code sections 24 208.9 and 209.15). The registration must be accompanied by 25 a bond or other security. The bonding provisions include 26 requirements for the posting of one bond covering multiple mine 27 sites, and the cancellation or forfeiture of the bond (Code 28 sections 208.23, 208.24, 208.25, 208.26, and 208.28). After 29 the completion of mining operations, the operator must engage 30 in the reclamation of the land disturbed by mining operations, 31 which may include grading, stabilizing, and revegetating the 32 disturbed lands (Code section 208.17). The division may issue 33 an order directing an operator to desist in an activity that 34 constitutes a violation of the Code chapter and a person who 35 -3- LSB 5928XS (1) 90 da/ns 3/ 4

S.F. 2088 violates such an order is subject to an administratively 1 assessed civil penalty of up to $5,000 per violation. 2 Alternatively, the division may notify the attorney general 3 to institute a civil action in district court for injunctive 4 relief and for the assessment of a civil penalty not to exceed 5 $10,000 per violation (Code section 208.10A). 6 BILL’S PROVISIONS. The bill provides requirements when 7 the operator is actively engaged in mining belowground where 8 land at or above the mine site, required to be registered, has 9 collapsed in the form of a sinkhole. The bill requires the 10 operator to immediately notify the division of the sinkhole. 11 The division may adopt rules providing for the reclamation 12 of lands disturbed due to the formation of a sinkhole at or 13 above an active underground mine site. The division may 14 issue an emergency remediation order to the operator of the 15 mine requiring immediate restoration. The division may also 16 require the operator to submit to the division for approval a 17 remediation plan or statement affirming that the remediation 18 has been completed in compliance with division requirements. 19 The total amount of the combined bonds posted by an operator 20 may be applied to cover the costs of reclaiming land disturbed 21 at any one mine site. 22 The bill takes effect upon enactment. 23 -4- LSB 5928XS (1) 90 da/ns 4/ 4