HF 2765

House
File
2765
-
Enrolled
House
File
2765
AN
ACT
PROVIDING
FOR
THE
REGULATION
OF
MINING,
MAKING
PENALTIES
APPLICABLE,
AND
INCLUDING
EFFECTIVE
DATE
PROVISIONS.
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.
The
division
shall
adopt
rules
providing
for
the
regulation
of
land
affected
by
a
subsidence.
The
rules
shall
include
but
are
not
limited
to
requirements
related
to
the
reporting
of
House
File
2765,
p.
2
the
subsidence,
the
qualifications
of
a
professional
engineer
or
other
qualified
person
submitting
a
subsidence
repair
plan
to
the
division,
and
the
timeliness
of
a
subsidence’s
planned
repair.
Sec.
4.
EMERGENCY
RULES.
The
division
of
soil
conservation
and
water
quality
created
within
the
department
of
agriculture
and
land
stewardship
shall
adopt
emergency
rules
under
section
17A.4,
subsection
3,
and
section
17A.5,
subsection
2,
paragraph
“b”,
to
implement
the
provisions
of
this
Act
within
sixty
business
days
of
the
effective
date
of
this
Act
and
shall
submit
such
rules
to
the
administrative
rules
coordinator
and
the
administrative
code
editor
pursuant
to
section
17A.5,
subsection
1,
within
the
same
period.
The
rules
shall
be
effective
immediately
upon
filing
unless
a
later
date
is
specified
in
the
rules.
Any
rules
adopted
in
accordance
with
this
section
shall
also
be
published
as
a
notice
of
intended
action
as
provided
in
section
17A.4.
Sec.
5.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2765,
Ninety-first
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2026
______________________________
KIM
REYNOLDS
Governor