House Study Bill 225 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON WAYS AND MEANS BILL BY CHAIRPERSON KAUFMANN) 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 1141YC (4) 91 da/ns
H.F. _____ 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 2025, 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 this chapter , including the 8 violation of a rule adopted or an order issued pursuant to this 9 chapter , initiate an action to suspend, revoke, or refuse to 10 issue a mining license. 11 Sec. 3. Section 208.9, Code 2025, 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 2025, 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 1141YC (4) 91 da/ns 1/ 4
H.F. _____ division requirements. 1 Sec. 6. Section 208.19, Code 2025, 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 2025, 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 2025, is amended 23 to read as follows: 24 9. Abandoned mine Mines . 25 a. When any an underground mine is worked out or is about to 26 be abandoned or indefinitely closed, the operator of the same 27 shall make or cause to be made a completed and extended map 28 of the mine and the result of the same shall be duly extended 29 on all maps of the mine and copies thereof so as to show all 30 excavations and the most advanced workings of the mine, and 31 their exact relation to the boundary or section lines on the 32 surface, and deliver to the state geologist a copy of the 33 completed map. 34 b. When an underground mining site is active, its operator 35 -2- LSB 1141YC (4) 91 da/ns 2/ 4
H.F. _____ shall provide a current map and current map extensions of 1 the active underground mining site to the state geologist as 2 required by the state geologist. The state geologist shall 3 deliver a copy of the current map and current map extensions 4 to the division of soil conservation and water quality of the 5 department of agriculture and land stewardship as provided in 6 section 208.6 . 7 Sec. 10. EFFECTIVE DATE. This Act, being deemed of 8 immediate importance, takes effect upon enactment. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanations substance by the members of the general assembly. 12 BACKGROUND. This bill amends provisions in Code chapter 208 13 regulating the mining of minerals, including surface mining 14 and underground mining, other than for coal, and provides 15 requirements for the reclamation of lands at the mine site. 16 The provisions are administered and enforced by the division 17 of soil and water conservation (division), an administrative 18 unit of the department of agriculture and land stewardship 19 (Code chapter 159). The provisions regulate a person engaged 20 in and controlling the mining operation (operator). This 21 includes a requirement that the operator be issued a license 22 (Code sections 208.7 and 208.8) and register the mine being 23 operated (Code sections 208.9 and 209.15). The registration 24 must be accompanied by a bond or other security. The 25 bonding provisions include requirements for the posting of 26 one bond covering multiple mine sites, and the cancellation 27 or forfeiture of the bond (Code sections 208.23, 208.24, 28 208.25, 208.26, and 208.28). After the completion of mining 29 operations, the operator must engage in the reclamation of the 30 land disturbed by mining operations, which may include grading, 31 stabilizing, and revegetating the disturbed lands (Code section 32 208.17). The division may issue an order directing an operator 33 to desist in an activity that constitutes a violation of 34 the Code chapter and a person who violates such an order is 35 -3- LSB 1141YC (4) 91 da/ns 3/ 4
H.F. _____ subject to an administratively assessed civil penalty of up to 1 $5,000 per violation (Code section 208.10A). Alternatively, 2 the division may notify the attorney general to institute a 3 civil action in district court for injunctive relief and for 4 the assessment of a civil penalty not to exceed $10,000 per 5 violation. 6 BILLS 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 1141YC (4) 91 da/ns 4/ 4