Bill Text: IA SF28 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to local and regional planning and establishing a state office of planning and geographic information systems within the department of economic development and making appropriations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [SF28 Detail]
Download: Iowa-2011-SF28-Introduced.html
Senate
File
28
-
Introduced
SENATE
FILE
28
BY
JOCHUM
A
BILL
FOR
An
Act
relating
to
local
and
regional
planning
and
establishing
1
a
state
office
of
planning
and
geographic
information
2
systems
within
the
department
of
economic
development
and
3
making
appropriations.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
1345SS
(5)
84
aw/rj
S.F.
28
Section
1.
NEW
SECTION
.
15.221
Office
of
planning
and
1
geographic
information
systems
created
——
appropriation.
2
1.
An
office
of
planning
and
geographic
information
systems
3
is
created
within
the
department
of
economic
development
4
responsible
for
developing
the
state’s
interest
in
coordinated
5
and
integrated
local
and
regional
land
use
planning,
and
for
6
administering
a
statewide
geographic
information
and
data
7
system.
The
duties
of
the
office
shall
include
all
of
the
8
following:
9
a.
Planning
coordination
for
which
the
office
shall
do
all
10
of
the
following:
11
(1)
Develop
and
coordinate
smart
planning
educational
12
programming
for
planning
professionals,
elected
officials,
and
13
the
public,
as
approved
by
the
coordinating
council
created
in
14
section
15.222.
15
(2)
Establish
a
publicly
accessible
electronic
repository
16
for
local
and
regional
comprehensive
plans.
17
(3)
Provide
an
annual
smart
planning
report
to
the
governor
18
and
general
assembly
by
November
1.
19
(4)
Administer
and
deliver
smart
planning
technical
and
20
financial
assistance
to
regional
organizations
and
local
21
governments.
22
(5)
Establish
an
appeals
process
to
allow
for
the
review
of
23
local
comprehensive
plans
for
qualification
as
a
smart
plan
as
24
set
out
in
section
28H.3,
subsection
6.
25
(6)
Work
with
other
state
agencies
to
incorporate
the
smart
26
planning
principles
set
out
in
section
18B.1
into
new
and
27
existing
programs,
including
the
state’s
enterprise
strategic
28
planning
process,
with
consideration
for
providing
incentives
29
for
the
use
of
smart
planning
principles.
30
(7)
Provide
staff
support
to
the
coordinating
council
for
31
the
office
of
planning
and
geographic
information
systems.
32
(8)
Provide
staff
support
to
the
Iowa
smart
planning
task
33
force
established
by
2010
Iowa
Acts,
chapter
1184,
section
34
25,
through
December
31,
2012,
in
collaboration
with
the
Iowa
35
-1-
LSB
1345SS
(5)
84
aw/rj
1/
11
S.F.
28
association
of
regional
councils,
as
organized
by
the
councils
1
of
governments
established
under
chapter
28H.
2
b.
The
development
of
geographic
information
and
data
3
management
systems
which
shall
include
all
of
the
following:
4
(1)
Development
and
maintenance
of
a
centralized
geographic
5
information
system
enterprise
and
data
distribution
network.
6
(2)
Provision
of
technical
assistance
to
local,
regional,
7
and
state
geographic
information
systems
providers
and
users.
8
(3)
Creation
of
standards
for
geographic
information
9
systems
and
data
for
the
centralized
network.
10
2.
Four
full-time
equivalent
positions
shall
be
designated
11
for
this
office
commencing
with
the
fiscal
year
beginning
July
12
1,
2011.
There
is
annually
appropriated
from
the
general
13
fund
of
the
state
four
hundred
fifty
thousand
dollars
to
the
14
department
of
economic
development
for
the
operation
of
this
15
office.
16
Sec.
2.
NEW
SECTION
.
15.222
Coordinating
council
created.
17
1.
A
coordinating
council
is
created
for
the
office
of
18
planning
and
geographic
information
systems
which
shall
consist
19
of
the
following
twenty-one
members:
20
a.
One
representative
selected
by
the
Iowa
league
of
cities,
21
from
a
city
having
a
population
of
five
thousand
or
less
22
according
to
the
most
recent
certified
federal
census.
23
b.
One
representative
selected
by
the
Iowa
league
of
cities,
24
from
a
city
having
a
population
of
more
than
five
thousand
and
25
less
than
twenty-five
thousand
according
to
the
most
recent
26
certified
federal
census.
27
c.
One
representative
selected
by
the
Iowa
league
of
cities,
28
from
a
city
having
a
population
of
twenty-five
thousand
or
more
29
according
to
the
most
recent
certified
federal
census.
30
d.
One
representative
selected
by
the
Iowa
state
association
31
of
counties
from
a
rural
county
not
considered
part
of
a
32
metropolitan
statistical
area
according
to
the
most
recent
33
certified
federal
census.
34
e.
One
representative
selected
by
the
Iowa
state
association
35
-2-
LSB
1345SS
(5)
84
aw/rj
2/
11
S.F.
28
of
counties
from
an
urban
county
considered
part
of
a
1
metropolitan
statistical
area
according
to
the
most
recent
2
certified
federal
census.
3
f.
One
representative
selected
by
the
Iowa
association
of
4
regional
councils,
as
organized
by
the
councils
of
governments
5
established
under
chapter
28H.
6
g.
One
representative
from
the
state
university
of
Iowa
7
selected
by
the
university
president.
8
h.
One
representative
from
the
Iowa
state
university
of
9
science
and
technology
selected
by
the
university
president.
10
i.
One
representative
from
the
university
of
northern
Iowa
11
selected
by
the
university
president.
12
j.
The
directors
or
administrators
or
their
representatives
13
from
the
following
departments
or
divisions:
14
(1)
Department
of
agriculture
and
land
stewardship.
15
(2)
Department
of
cultural
affairs.
16
(3)
Department
of
economic
development.
17
(4)
Department
of
management.
18
(5)
Department
of
natural
resources.
19
(6)
Department
of
transportation.
20
(7)
Homeland
security
and
emergency
management
division
of
21
the
department
of
public
defense.
22
k.
Five
representatives
appointed
by
the
governor.
23
2.
The
appointments
made
by
the
Iowa
league
of
cities,
Iowa
24
state
association
of
counties,
Iowa
association
of
regional
25
councils,
and
governor
shall
be
coordinated
so
that
appointees
26
are
appointed
to
three-year
staggered
terms
and
there
is
broad
27
geographic
representation
from
around
the
state.
28
3.
The
council
shall
meet
annually
in
May
for
the
purpose
of
29
electing
one
of
its
members
as
chairperson.
30
Sec.
3.
NEW
SECTION
.
15.223
Duties
of
the
coordinating
31
council.
32
The
coordinating
council
shall
do
all
of
the
following:
33
1.
Establish
priorities
for
the
office
of
planning
and
34
geographic
information
systems.
35
-3-
LSB
1345SS
(5)
84
aw/rj
3/
11
S.F.
28
2.
Make
investment
decisions
relating
to
state
funding
1
support
for
the
office
and
for
local
smart
plan
development
and
2
implementation.
3
3.
Establish
criteria
for
implementation
of
a
statewide
4
geographic
information
system.
5
4.
Establish
technical
advisory
committees
as
necessary.
6
5.
Review
and
qualify
regional
smart
plans.
7
Sec.
4.
NEW
SECTION
.
15.224
Local
planning
grant
program
8
——
appropriation.
9
1.
The
office
of
planning
and
geographic
information
10
systems
shall
establish
and
administer
a
local
planning
grant
11
program
to
assist
cities
and
counties
in
the
development
and
12
updating
of
local
comprehensive
plans.
The
grant
program
shall
13
require
a
local
match
of
funding
provided
by
the
program.
14
2.
Plans
funded
through
this
grant
program
shall
15
incorporate
and
be
based
upon
the
Iowa
smart
planning
16
principles
set
out
in
section
18B.1
and
follow
local
17
comprehensive
planning
and
development
guidelines
as
specified
18
in
section
18B.2.
19
3.
No
more
than
one-half
of
the
funds
may
be
used
to
support
20
development
of
detailed
implementation
plans
within
five
years
21
of
adoption
of
a
local
comprehensive
plan
that
incorporates
the
22
smart
planning
principles
and
follows
state
guidance
found
in
23
sections
18B.1
and
18B.2.
24
4.
The
office
shall
encourage
the
development
and
updating
25
of
multijurisdictional
plans.
26
5.
Commencing
with
the
fiscal
year
beginning
July
1,
2011,
27
there
is
annually
appropriated
from
the
general
fund
of
the
28
state
to
the
office
five
hundred
thousand
dollars
for
the
29
operation
of
this
grant
program.
30
Sec.
5.
NEW
SECTION
.
15.225
Smart
planning
education
31
program.
32
1.
A
fund
is
established
under
the
control
of
the
office
33
of
planning
and
geographic
information
systems
to
support
the
34
development
of
a
program
to
make
smart
planning
educational
35
-4-
LSB
1345SS
(5)
84
aw/rj
4/
11
S.F.
28
materials,
workshops,
and
other
necessary
activities
available
1
to
professional
planners,
elected
officials,
and
other
2
interested
persons.
The
program
shall
be
developed
through
3
collaboration
among
the
office,
the
Iowa
league
of
cities,
the
4
Iowa
state
association
of
counties,
the
Iowa
association
of
5
regional
councils,
and
the
three
regents
universities.
6
2.
Programming
shall
focus
on
the
benefits
of
smart
planning
7
for
cities,
counties,
and
regional
planning
organizations,
and
8
the
components
of
smart
planning
in
terms
of
plan
elements
and
9
plan
implementation.
10
3.
Programming
shall
reflect
the
Iowa
smart
planning
11
principles
set
out
in
section
18B.1.
12
4.
The
office
shall
develop
and
gather
information
and
13
examples
which
delineate
the
smart
planning
process
and
smart
14
planning
principles.
The
office
shall
administer,
gather,
and
15
make
accessible
all
of
the
following
types
of
materials:
16
a.
Model
plans,
ordinances,
zoning
codes,
energy
codes,
17
building
codes,
and
permitting
mechanisms.
18
b.
Model
regulatory
mechanisms.
19
c.
Examples
of
best
practices
and
lessons
learned
from
poor
20
planning
and
development
decisions.
21
d.
A
clearinghouse
of
grant
opportunities
and
contact
22
information
for
further
assistance.
23
e.
A
menu
of
low-cost
planning
services
available
to
cities,
24
counties,
and
regional
planning
organizations
through
nonprofit
25
and
private
organizations.
26
Sec.
6.
Section
28H.1,
Code
2011,
is
amended
by
adding
the
27
following
new
unnumbered
paragraphs:
28
NEW
UNNUMBERED
PARAGRAPH
.
A
regional
planning
and
29
implementation
entity
shall
be
established
or
identified
to
30
incorporate
Boone,
Dallas,
Jasper,
Marion,
Polk,
Story,
and
31
Warren
counties
by
January
1,
2015.
32
NEW
UNNUMBERED
PARAGRAPH
.
There
is
annually
appropriated
33
seven
hundred
twenty
thousand
dollars
from
the
state
general
34
fund
to
the
department
of
economic
development
for
the
support
35
-5-
LSB
1345SS
(5)
84
aw/rj
5/
11
S.F.
28
of
regional
planning
administration,
including
local
plan
1
review
and
regional
plan
development,
commencing
with
the
2
fiscal
year
beginning
July
1,
2011.
These
funds
shall
be
3
distributed
to
each
region
in
the
amount
of
forty
thousand
4
dollars
per
region,
and
forty
thousand
dollars
shall
be
5
distributed
to
the
regional
planning
and
implementation
entity
6
serving
Boone,
Dallas,
Jasper,
Marion,
Polk,
Story,
and
Warren
7
counties
once
such
an
entity
is
identified.
8
Sec.
7.
Section
28H.3,
Code
2011,
is
amended
by
adding
the
9
following
new
subsections:
10
NEW
SUBSECTION
.
5.
Prepare
a
regional
comprehensive
plan
11
which
shall
be
updated
every
five
years.
The
plan
shall
be
12
subject
to
the
review
and
approval
of
the
office
of
planning
13
and
geographic
information
systems
created
in
section
18C.1,
14
and
shall
do
all
of
the
following:
15
a.
Integrate
the
Iowa
smart
planning
principles
set
out
in
16
and
follow
the
local
comprehensive
planning
guidance
provided
17
under
section
18B.1.
18
b.
Integrate
the
watershed
goals
and
strategies,
developed
19
by
the
department
of
natural
resources
set
out
in
section
20
466B.33,
for
any
overlaying
river
basin
or
river
region.
21
c.
Outline
a
process
for
cooperation,
collaboration,
22
and
decision
making
between
member
governments
for
23
multijurisdictional
projects
and
programs.
24
NEW
SUBSECTION
.
6.
Establish
a
planning
review
committee.
25
a.
A
planning
review
committee
shall
consist
of
seven
to
26
fifteen
members.
All
members
shall
be
Iowa
residents.
Members
27
may
be
selected
to
represent,
but
shall
not
be
limited
to,
the
28
following
groups
or
entities:
29
(1)
City
and
county
planning
and
zoning
officials.
30
(2)
City
and
county
elected
officials.
31
(3)
Watershed
planning
entities.
32
(4)
Real
estate
professionals.
33
(5)
Developers
of
real
property.
34
(6)
Economic
development
organizations.
35
-6-
LSB
1345SS
(5)
84
aw/rj
6/
11
S.F.
28
(7)
Environmental
organizations.
1
b.
A
planning
review
committee
shall
do
all
of
the
2
following:
3
(1)
Review
local
comprehensive
plans
for
consistency
with
4
the
regional
comprehensive
plan,
and
provide
member
governments
5
with
nonbinding
guidance
on
the
plans.
6
(2)
Upon
request
by
a
local
government,
review
local
7
comprehensive
plans
for
qualification
as
a
smart
plan,
on
8
behalf
of
the
office
of
planning
and
geographic
information
9
systems
created
in
section
15.221.
A
local
comprehensive
plan
10
shall
be
deemed
qualified
as
a
smart
plan
if
the
plan
meets
all
11
of
the
following
criteria:
12
(a)
Contains
all
of
the
comprehensive
planning
elements
13
referred
to
in
section
18B.2,
subsection
2.
14
(b)
Addresses
the
prevention
of,
response
to,
and
recovery
15
from
catastrophic
flooding.
16
(c)
Considers
all
of
the
smart
planning
principles
set
out
17
in
section
18B.1.
18
(3)
Provides
a
letter
of
qualification
to
cities
and
19
counties
that
are
determined
to
have
adopted
a
smart
plan.
20
NEW
SUBSECTION
.
7.
Annually
measure
and
submit
all
21
requested
smart
planning
benchmark
data
to
the
office
of
22
planning
and
geographic
information
systems.
23
Sec.
8.
Section
466B.3,
Code
2011,
is
amended
by
adding
the
24
following
new
subsection:
25
NEW
SUBSECTION
.
7.
Staffing
of
councils.
The
department
of
26
natural
resources
shall
assist
in
staffing
the
water
resources
27
coordinating
council
and
the
watershed
planning
advisory
28
council
established
in
section
466B.31.
29
Sec.
9.
Section
466B.31,
subsection
2,
paragraph
a,
Code
30
2011,
is
amended
by
adding
the
following
new
subparagraph:
31
NEW
SUBPARAGRAPH
.
(17)
One
member
selected
by
the
Iowa
32
association
of
regional
councils,
as
organized
by
the
councils
33
of
governments
established
under
chapter
28H.
34
Sec.
10.
NEW
SECTION
.
466B.33
Watershed
goals
and
35
-7-
LSB
1345SS
(5)
84
aw/rj
7/
11
S.F.
28
strategies.
1
The
department
of
natural
resources,
in
collaboration
2
with
the
department
of
agriculture
and
land
stewardship,
the
3
United
States
natural
resource
conservation
service,
the
Iowa
4
flood
center,
and
the
United
States
army
corps
of
engineers,
5
shall
create
goals
and
strategies
relating
to
soil
and
water
6
resources
within
watersheds
useful
to
local
and
regional
7
planning
efforts.
8
EXPLANATION
9
This
bill
relates
to
local
and
regional
planning
and
10
establishes
an
office
of
planning
and
geographic
information
11
systems.
The
new
office
of
planning
and
geographic
information
12
systems,
within
the
department
of
economic
development,
will
be
13
responsible
for
developing
the
state’s
interest
in
local
and
14
regional
land
use
planning,
and
for
administering
a
statewide
15
geographic
information
and
data
system.
The
bill
assigns
16
duties
for
the
office,
including
planning
coordination
and
17
geographic
information
systems
and
data
management.
18
The
planning
coordination
duties
of
the
office
include
19
the
development
and
coordination
of
educational
programming,
20
establishment
of
a
repository
of
comprehensive
plans,
annual
21
reporting
to
the
governor
and
general
assembly,
collaboration
22
with
other
state
agencies
to
incorporate
smart
planning
23
principles
in
new
and
existing
programming,
establishment
of
24
internal
procedures,
provision
of
support
staff
to
the
office’s
25
coordinating
council,
and
the
provision
of
support
staff
to
26
the
Iowa
smart
planning
task
force
until
the
task
force
is
27
dissolved
in
December
2012.
28
The
bill
specifies
that
the
duties
of
the
office
relating
29
to
geographic
information
systems
and
data
management
include
30
the
development
and
maintenance
of
a
centralized
geographic
31
information
system
enterprise
and
data
distribution
network,
32
the
provision
of
technical
assistance
to
local,
regional,
and
33
state
users,
and
the
creation
of
standards
for
the
centralized
34
network.
35
-8-
LSB
1345SS
(5)
84
aw/rj
8/
11
S.F.
28
The
bill
creates
four
full-time
equivalent
positions
within
1
the
office
and
allocates
$450,000
annually
to
the
department
of
2
economic
development
for
the
operation
of
the
office.
3
The
bill
also
creates
the
office’s
coordinating
council,
4
consisting
of
21
members
with
members
selected
by
the
Iowa
5
league
of
cities
to
represent
one
small
city,
one
medium-sized
6
city,
and
one
large
city;
members
selected
by
the
Iowa
7
association
of
counties
to
represent
one
rural
and
one
urban
8
county;
a
member
selected
by
the
Iowa
association
of
regional
9
councils;
members
selected
by
the
presidents
of
the
three
10
regents
universities;
members
representing
the
departments
of
11
agriculture
and
land
stewardship,
cultural
affairs,
economic
12
development,
management,
natural
resources,
and
transportation,
13
and
the
homeland
security
and
emergency
management
division
of
14
the
department
of
public
defense,
and
members
appointed
by
the
15
governor.
Members
are
appointed
to
serve
three-year
staggered
16
terms
from
all
geographic
regions
of
the
state.
17
The
bill
requires
that
the
council
establish
priorities
18
for
the
office,
make
investment
decisions,
establish
criteria
19
for
the
implementation
of
a
statewide
geographic
information
20
system,
establish
technical
advisory
committees,
and
review
and
21
qualify
regional
smart
comprehensive
plans.
22
The
bill
establishes
a
local
planning
grant
program
23
within
the
office.
The
program
is
meant
to
assist
cities
and
24
counties
in
developing
or
updating
local
comprehensive
plans.
25
The
program
requires
that
funds
be
used
in
the
creation
or
26
updating
of
a
smart
plan.
Some
funds
may
also
be
used
for
the
27
administration
of
these
plans.
The
bill
requires
the
office
28
to
encourage
multijurisdictional
plans.
The
bill
makes
an
29
award
appropriation
of
$500,000
from
the
general
fund
for
the
30
operation
of
this
program.
31
The
bill
creates
a
smart
planning
education
program,
32
and
establishes
a
fund
to
develop
educational
materials
33
for
professional
planners
and
local
elected
officials.
The
34
materials
must
focus
on
the
benefits
of
smart
planning
to
35
-9-
LSB
1345SS
(5)
84
aw/rj
9/
11
S.F.
28
communities
and
gather
examples
for
dissemination.
The
1
program,
under
the
authority
of
the
office,
must
be
developed
2
in
coordination
with
the
Iowa
league
of
cities,
the
Iowa
state
3
association
of
counties,
the
Iowa
association
of
regional
4
councils,
and
the
three
regents
universities.
5
In
relation
to
councils
of
governments,
the
bill
requires
6
that
Boone,
Dallas,
Jasper,
Marion,
Polk,
Story,
and
Warren
7
counties
be
incorporated
into
a
regional
planning
entity
8
by
January
1,
2015.
The
bill
also
provides
an
annual
9
appropriation
of
$720,000
to
the
department
of
economic
10
development
from
the
general
fund
for
the
support
of
regional
11
planning
and
administration.
The
bill
requires
that
these
12
funds
be
distributed
to
each
existing
region,
and
once
13
identified
to
the
region
incorporating
Boone,
Dallas,
Jasper,
14
Marion,
Polk,
Story,
and
Warren
counties.
15
The
bill
requires
councils
of
governments
to
prepare
16
regional
comprehensive
plans,
integrate
smart
planning
17
principles,
integrate
watershed
goals
and
strategies,
and
18
outline
processes
for
cooperation
between
member
governments.
19
The
bill
requires
that
councils
of
governments
establish
20
planning
review
committees.
The
bill
describes
particular
21
groups
that
may
serve
on
these
review
committees.
22
Representatives
may
include
city
and
county
planning
and
zoning
23
officials,
city
and
county
elected
officials,
individuals
24
from
watershed
planning
entities,
real
estate
professionals,
25
developers,
individuals
from
economic
development
26
organizations,
or
individuals
from
environmental
organizations.
27
The
bill
may
include
a
state
mandate
as
defined
in
Code
28
section
25B.3.
29
The
bill
sets
out
the
duties
of
these
planning
review
30
committees
to
include
the
review
of
local
comprehensive
plans
31
for
consistency
with
the
regional
comprehensive
plan,
the
32
provision
of
nonbinding
guidance
upon
completion
of
such
33
review,
the
review
of
local
smart
plans,
and
the
provision
of
34
letters
of
qualification
to
cities
and
counties
determined
to
35
-10-
LSB
1345SS
(5)
84
aw/rj
10/
11
S.F.
28
have
adopted
a
smart
plan.
1
The
bill
further
requires
that
councils
of
governments
2
provide
the
office
with
all
requested
data
related
to
smart
3
planning
benchmarks.
4
The
bill
requires
that
the
department
of
natural
resources
5
staff
both
the
water
resources
coordinating
council
and
the
6
watershed
planning
advisory
council.
7
The
watershed
planning
advisory
council
is
expanded
by
8
one
member
to
include
a
representative
selected
by
the
Iowa
9
association
of
regional
councils.
10
The
bill
creates
a
new
Code
section
for
the
establishment
of
11
watershed
goals
and
strategies,
requiring
that
the
department
12
of
natural
resources
in
collaboration
with
the
department
of
13
agriculture
and
land
stewardship,
the
United
States
natural
14
resource
conservation
service,
the
Iowa
flood
center,
and
15
the
United
States
army
corps
of
engineers
develop
goals
and
16
strategies
for
local
and
regional
planning
efforts,
relating
to
17
soil
and
water
resources
of
watersheds.
18
-11-
LSB
1345SS
(5)
84
aw/rj
11/
11
