HF 2765 (LSB 6900HZ (2) 91)

HOUSE FILE 2765

BY  COMMITTEE ON WAYS AND MEANS

(SUCCESSOR TO HF 2595)
(SUCCESSOR TO HSB 731)

A BILL FOR

An Act providing for the regulation of mining, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 208.2, subsection 2, Code 2026, is amended to read as follows:
   2.  “Affected land” means the area of land from which overburden has been removed or upon which overburden has been deposited or land which that has otherwise been disturbed, changed, influenced, or altered in any way in the course of mining, including a known or reported subsidence, and processing and stockpile areas, but not including roads.
    Sec. 2.  Section 208.2, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  14A.  a.  “Subsidence” means the collapse, settling, or sinking of land that occurs at or above an underground mine located on public land or land located within a public right-of-way and is caused by mining activity.
   b.  “Subsidence” does not include any collapse, settling, or sinking of land that is naturally occurring or that results from geological, hydrological, seismic, environmental, or other causes not related to a mining activity.
    Sec. 3.  NEW SECTION.  208.9A  Subsidence.
   1.  The operator of a mine site registered pursuant to section 208.9 shall notify the division within forty-eight hours of the discovery of the subsidence.
   2.  a.  The operator shall submit an initial assessment of the subsidence described in subsection 1 to the division within fourteen days of the discovery.
   b.  The operator shall submit a subsidence repair plan to the division within a reasonable time period after the initial assessment has been received by the division. In consultation with the division the plan shall include, to the extent necessary, all of the following:
   (1)  A detailed description of the proposed methods and steps to address and repair the damage caused by the subsidence.
   (2)  A scaled and georeferenced map indicating the location of the subsidence.
   (3)  A proposed timeline outlining the expected key phases of the repair.
   (4)  A written approval by a licensed professional engineer of the plan and observations, and the completion of the repair.
    Sec. 4.  NEW SECTION.  208.24A  Use of multiple or single bonds.
   Regardless of whether an operator posts a number of multiple bonds each for a single mine site or a single bond for multiple mine sites, the total amount of the multiple bonds combined or the single bond shall be applied only to cover the costs of completing the reclamation of land identified on the applicable bond forms or form for mine sites required to be registered pursuant to section 208.9.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   GENERAL —— REGULATIONS. This bill amends provisions in Code chapter 208 regulating the mining of minerals, including surface mining and underground mining, other than for coal, and provides requirements for the reclamation of lands at the mine site. The provisions are administered and enforced by the division of soil conservation and water quality (division), an administrative unit of the department of agriculture and land stewardship (Code chapter 159 and Code section 161A.4). Code chapter 208 regulates a person engaged in and controlling the mining operation (operator). This includes a requirement that the operator be issued a license (Code sections 208.7 and 208.8) and register the mine site being operated (Code sections 208.9 and 208.15). The registration must be accompanied by a bond or other security (Code sections 208.23, 208.24, 208.25, and 208.28). The bonding provisions include requirements for the posting of one bond covering multiple mine sites, and the cancellation or forfeiture of the bond. After the completion of mining operations, the operator must engage in the reclamation of the land disturbed by the mining operations, which may include grading, stabilizing, and revegetating the disturbed lands (Code section 208.17).
   GENERAL —— ENFORCEMENT AND PENALTIES. The division may enter onto a mine site to conduct an inspection at any time (Code section 208.26). The division may issue an order directing an operator to desist in an activity that constitutes a violation of Code chapter 208. An operator who violates such an order is subject to an administratively assessed civil penalty of up to $5,000 per violation (Code section 208.10A). Alternatively, the division may notify the attorney general to institute a civil action in district court for injunctive relief and for the assessment of a civil penalty not to exceed $10,000 per violation (Code section 208.10A).
   BILL’S PROVISIONS —— SUBSIDENCE. The bill provides for a condition that may result from a mining activity referred to as “subsidence”, which is defined as the collapse, settling, or sinking of land that occurs at or above an underground mine located on public land or land located within a public right-of-way and is caused by a mining activity (amended Code section 208.2). The bill requires the operator to notify the division within 48 hours of the discovery of a subsidence. The operator must submit an initial assessment of the subsidence and a subsidence repair plan to the division, including a detailed description of the proposed methods and steps to address and repair the damage caused by the subsidence as approved by a licensed professional engineer.
   BILL’S PROVISIONS —— BONDING. The bill provides that regardless of whether an operator posts a number of multiple bonds each for a single mine site or a single bond for multiple mine sites, the total amount of the multiple bonds combined or the single bond shall be applied only to cover the costs of completing the reclamation of land identified on the applicable bond forms or form.