Bills › HF 2765 › What changed
What changed in HF 2765
The bill as introduced, compared with the version both chambers passed (91st General Assembly). 1 adopted amendment account for the changes.
0 passages reworded, 4 added and 11 removed; 10 of 25 unchanged.
Removed AddedIntroduced textText as passedAmendments
Compares wording only. The printed bills also mark changes to existing law with strikes and underlines, which aren’t shown here.
Section 1. Section 208.2, subsection 2, Code 2026, is amended to read as follows:
7 unchanged passages
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.
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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.
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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.
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 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.
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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.
4.
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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.
5. EFFECTIVE DATE. This Act, being deemed of immediate importance, takes effect upon enactment.