House Concurrent Resolution 105 - Introduced HOUSE CONCURRENT RESOLUTION NO. 105 BY COWNIE , HALL , GRASSLEY , LANDON , DEYOE , WORTHAN , SHEETS , KAUFMANN , STANERSON , MOORE , KLEIN , MAXWELL , HANUSA , WINDSCHITL , DOLECHECK , BAUDLER , RAYHONS , L. MILLER , FORRISTALL , DRAKE , BRANDENBURG , HEATON , UPMEYER , HIGHFILL , HAGENOW , PETTENGILL , ALONS , SALMON , LOFGREN , HUSEMAN , WATTS , SODERBERG , HEARTSILL , SANDS , SCHULTZ , VANDER LINDEN , FRY , S. OLSON , BACON , COSTELLO , HESS , R. TAYLOR , KOESTER , BALTIMORE , ROGERS , SHAW , BYRNES , J. SMITH , GASSMAN , FISHER , PAULSEN , JORGENSEN , HEIN , GUSTAFSON , DUNKEL , HANSON , ABDUL-SAMAD , GASKILL , M. SMITH , STUTSMAN , KEARNS , BEARINGER , LYKAM , T. TAYLOR , OURTH , FORBES , STAED , OLDSON , GAINES , KRESSIG , JACOBY , RIDING , MUHLBAUER , WOLFE , WESSEL-KROESCHELL , BERRY , PRICHARD , THOMAS , DAWSON , RUFF , THEDE , KELLEY , WOOD , ANDERSON , STECKMAN , LENSING , HEDDENS , LUNDBY , HUNTER , MURPHY , WINCKLER , MASCHER , COHOON , MEYER , and H. MILLER A Concurrent Resolution urging the Federal Emergency 1 Management Agency to reverse its unilateral 2 decision to place new and unachievable conditions 3 on the eligibility of the Department of Homeland 4 Security and Emergency Management, rural 5 electric cooperatives, and municipal utilities to 6 receive storm recovery funding in the event of a 7 presidential major disaster declaration. 8 WHEREAS, since February 2007, Iowa has experienced 9 19 presidential disaster declarations resulting in 10 rural electric cooperative and municipal utility system 11 -1- LSB 5379YH (8) 85 rn/rj 1/ 4

H.C.R. 105 damage in nearly every instance; and 1 WHEREAS, during presidential major disaster 2 declarations occurring in 2007 and 2010, rural 3 electric cooperatives and municipal utilities incurred 4 particularly significant and widespread system 5 damage; and 6 WHEREAS, the Federal Emergency Management Agency 7 adopted policy 9580.6, Electric Utility Repair, in 8 2009, to establish criteria to determine eligibility 9 for repair or replacement of disaster-damaged electric 10 distribution and transmission systems under the 11 authority of rural electric cooperatives, municipal 12 utilities, public power districts, and other public 13 entities following a presidential major disaster 14 declaration; and 15 WHEREAS, since 2009 the Federal Emergency Management 16 Agency has followed and applied policy 9580.6 in 17 Iowa which resulted in the receipt of storm recovery 18 funding by rural electric cooperatives and municipal 19 utilities; and 20 WHEREAS, three Iowa distribution cooperatives, 21 Iowa Lakes Electric Cooperative, Lyon Rural Electric 22 Cooperative, and Osceola Electric Cooperative; one 23 municipal utility, Sanborn Municipal Electric Utility; 24 and one transmission cooperative, L and O Power 25 Cooperative submitted applications for storm recovery 26 funding based upon damage suffered during a late winter 27 storm which resulted in a presidential major disaster 28 declaration issued on May 6, 2013; and 29 WHEREAS, the Federal Emergency Management Agency 30 -2- LSB 5379YH (8) 85 rn/rj 2/ 4

H.C.R. 105 elected to ignore policy 9580.6 and denied the 1 applications to rebuild damaged transmission and 2 distribution lines in the manner funded by the agency 3 since 2007, stating that the utilities had failed to 4 perform physical testing of their lines before and 5 after the storm; and 6 WHEREAS, for the first time in the nation, the 7 Federal Emergency Management Agency has determined that 8 these utilities have not been able to substantiate 9 that their conductor was in good repair and was 10 properly maintained prior to the storm event because 11 unprecedented physical testing of their overhead lines 12 was not performed; and 13 WHEREAS, the Iowa Utilities Board requires 14 electric utilities to prepare and submit for approval 15 reliability plans and to perform system inspections to 16 ensure that their systems are well maintained, safe, 17 and reliable; and 18 WHEREAS, the Federal Emergency Management Agency 19 has been provided copies of the reliability plans and 20 inspection reports for the applicant cooperatives and 21 utilities, all of which substantiate that their systems 22 were well maintained prior to the storm; and 23 WHEREAS, the testing required by the Federal 24 Emergency Management Agency in ignoring policy 9580.6 25 is not required by any federal, state, or local 26 regulatory body, is not performed as a matter of 27 industry practice, and is not known to satisfy any 28 industry or engineering standard; and 29 WHEREAS, the loss of Federal Emergency Management 30 -3- LSB 5379YH (8) 85 rn/rj 3/ 4

H.C.R. 105 Agency storm recovery funds will have a significant 1 detrimental financial impact on Iowa’s rural electric 2 cooperatives and their member consumers and on Iowa’s 3 municipal utilities and their customers; NOW THEREFORE, 4 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, 5 THE SENATE CONCURRING, That the Federal Emergency 6 Management Agency and specifically the Federal 7 Emergency Management Agency Region VII are urged to 8 reconsider their detrimental policy decision denying 9 storm recovery funding for the applicant utilities and 10 to return to the application of policy 9580.6 which was 11 in place prior to this abrupt change; and 12 BE IT FURTHER RESOLVED, That copies of this 13 resolution be sent to Mr. Craig Fugate, Federal 14 Emergency Management Agency Administrator; Ms. Beth 15 Freeman, Director, Federal Emergency Management Agency 16 Region VII, and to the members of Iowa’s congressional 17 delegation. 18 -4- LSB 5379YH (8) 85 rn/rj 4/ 4