A bill for an act providing for the regulation of mining, making penalties applicable, and including effective date provisions. (Formerly HF 2595 , HSB 731 .)

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