ARC 4278C

ARC 4278C

ENERGY AND GEOLOGICAL RESOURCES DIVISION[565]

Notice of Intended Action

Proposing rule making related to transfer of geological programs and providing an opportunity for public comment

The Department of Natural Resources (Department) hereby proposes to rescind Chapter 50, "General," and Chapter 51, "Oil, Gas, and Metallic Minerals," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is proposed under the authority provided in Iowa Code section 458A.11.

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code chapter 458A.

Purpose and Summary

This proposed rule making is necessary to conform Department rules with 2018 Iowa Acts, House File 2303, signed by Governor Reynolds on March 21, 2018. House File 2303 transferred the State Geologist and the Iowa Geological Survey to the University of Iowa. Therefore, existing Chapter 50 needs to be rescinded since that chapter applies to the Iowa Geological Survey. Chapter 51 is also being proposed for rescission. The content of Chapter 51, oil, gas, and mineral drilling, can be moved into the Department's main administrative rules location: agency identification number 561. Therefore, Chapter 51 is being proposed for rescission and a new 561—Chapter 17 is being created in a companion rule making (ARC 4279C, IAB 2/13/19). The proposed rule making creating 561—Chapter 17 makes no substantive changes from Chapter 51, with the exception of replacing references to the State Geologist in Chapter 51 with references to the Director of the Department and making other minor clarifying revisions to the chapter consistent with 2018 Iowa Acts, House File 2303.

This rule making is related to Natural Resources Department[561] rule making ARC 4279C, IAB 2/13/19, and Environmental Protection Commission[567] rule making ARC 4277C, IAB 2/13/19.

Fiscal Impact

This rule making has no fiscal impact to the State of Iowa. A copy of the impact statement is available upon request from the Department.

Jobs Impact

After analysis and review of this rule making, no impact on jobs has been found. A copy of the jobs impact statement is available from the Department upon request.

Waivers

This rule making is subject to the waiver provisions of 561—Chapter 10. Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any.

Public Comment

Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on March 5, 2019. Comments should be directed to:

Public Hearing

A public hearing at which persons may present their views orally or in writing will be held as follows. Upon arrival, attendees should proceed to the fourth floor to check in at the Department reception desk to sign in and be directed to the appropriate hearing location.

Persons who wish to make oral comments at the public hearing will be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.

Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee's meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

The following rule-making actions are proposed:

Item 1. Rescind and reserve 565—Chapter 50.

Item 2. Rescind and reserve 565—Chapter 51.