Senate Study Bill 3152 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON SMITH) A BILL FOR An Act concerning government regulation, relating to the 1 contractor and installation board and fund, elevator 2 regulation, private investigative agencies, and state 3 building code requirements, and including applicability and 4 effective date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5289XC (8) 88 ec/rh

S.F. _____ DIVISION I 1 CONTRACTOR AND INSTALLATION BOARD AND FUND 2 Section 1. NEW SECTION . 91F.1 Contractor and installation 3 board. 4 1. A contractor and installation board is created within 5 the division of labor services of the department of workforce 6 development. The board shall have such duties as provided by 7 law. 8 2. a. The contractor and installation board is composed of 9 eighteen voting members who shall be appointed by the governor, 10 subject to confirmation by the senate, to four-year staggered 11 terms beginning and ending as provided in section 69.19. 12 b. The voting members shall be as follows: 13 (1) A mechanical inspector. 14 (2) A plumbing inspector. 15 (3) An electrical inspector. 16 (4) An insurance inspector. 17 (5) A licensed mechanical engineer. 18 (6) A licensed electrical engineer. 19 (7) Two members shall be master electricians or electrical 20 contractors, one of whom is a contractor signed to a collective 21 bargaining agreement or a master electrician covered under a 22 collective bargaining agreement and one of whom is a contractor 23 not signed to a collective bargaining agreement or a master 24 electrician who is not a member of a union. 25 (8) Two members shall be master plumbing professionals 26 or plumbing contractors, one of whom is a contractor signed 27 to a collective bargaining agreement or a master plumbing 28 professional covered under a collective bargaining agreement 29 and one of whom is a contractor not signed to a collective 30 bargaining agreement or a master plumbing professional who is 31 not a member of a union. 32 (9) Two members shall be master mechanical professionals 33 or mechanical contractors, one of whom is a contractor signed 34 to a collective bargaining agreement or a master mechanical 35 -1- LSB 5289XC (8) 88 ec/rh 1/ 23

S.F. _____ professional covered under a collective bargaining agreement 1 and one of whom is a contractor not signed to a collective 2 bargaining agreement or a master mechanical professional who is 3 not a member of a union. 4 (10) A contractor who primarily works in rural areas. 5 (11) A fire extinguishing system contractor. 6 (12) An alarm system contractor. 7 (13) A boiler and pressure vessel manufacturer 8 representative. 9 (14) An elevator manufacturer representative. 10 (15) One representative of the general public. 11 c. The state fire marshal or the state fire marshal’s 12 designee, the labor commissioner appointed pursuant to section 13 91.2 or the labor commissioner’s designee, and the state 14 building code commissioner created by chapter 103A or the state 15 building code commissioner’s designee, shall be nonvoting, ex 16 officio members of the board. 17 3. The members of the board shall select a chairperson and 18 vice chairperson from their membership. Meetings shall be set 19 by a majority of the board or upon the call of the chairperson, 20 or in the chairperson’s absence, upon the call of the vice 21 chairperson. A majority of the board members shall constitute 22 a quorum. 23 4. The board shall adopt rules pursuant to chapter 17A 24 necessary to administer the duties of the board. 25 Sec. 2. NEW SECTION . 91F.2 Contractor and installation 26 fund. 27 1. A contractor and installation fund is created within 28 the state treasury under the control of the contractor and 29 installation board created in section 91F.1. The fund shall 30 consist of moneys deposited in the fund. 31 2. Moneys in the fund are appropriated and shall be used 32 by the board to pay the actual costs and expenses necessary to 33 operate the board and to perform the duties of the board. All 34 salaries and expenses properly chargeable to the fund shall be 35 -2- LSB 5289XC (8) 88 ec/rh 2/ 23

S.F. _____ paid from the fund. 1 3. Section 8.33 does not apply to any moneys in the fund. 2 Notwithstanding section 12C.7, subsection 2, interest or 3 earnings on moneys deposited in the fund shall be credited to 4 the fund. 5 Sec. 3. EFFECTIVE DATE. This division of this Act takes 6 effect July 1, 2021. 7 DIVISION II 8 BOARD DUTY CONSOLIDATION —— CONFORMING CHANGES 9 Sec. 4. Section 89.2, subsection 2, Code 2020, is amended 10 to read as follows: 11 2. “Board” means the boiler and pressure vessel contractor 12 and installation board created in section 89.14 91F.1 . 13 Sec. 5. Section 89.9, Code 2020, is amended to read as 14 follows: 15 89.9 Disposal of fees. 16 All fees provided for in this chapter shall be collected by 17 the commissioner and remitted to the treasurer of state, to be 18 deposited in the boiler and pressure vessel safety contractor 19 and installation fund pursuant to created in section 89.8 20 91F.2 , together with an itemized statement showing the source 21 of collection. 22 Sec. 6. Section 89.14, Code 2020, is amended by striking the 23 section and inserting in lieu thereof the following: 24 89.14 Contractor and installation board —— boiler and 25 pressure vessel duties. 26 1. The contractor and installation board created in section 27 91F.1 shall formulate definitions and rules requirements 28 for the safe and proper installation, repair, maintenance, 29 alteration, use, and operation of boilers and pressure vessels 30 in this state. 31 2. The board shall adopt rules pursuant to chapter 17A 32 necessary to administer the duties of the board under this 33 chapter. Rules adopted by the board shall be in accordance 34 with accepted engineering standards and practices. The board 35 -3- LSB 5289XC (8) 88 ec/rh 3/ 23

S.F. _____ shall adopt rules relating to the equipment covered by this 1 chapter that are in accordance with the ASME code, which may 2 include addenda, interpretations, and code cases, as soon as 3 reasonably practical following publication by the American 4 society of mechanical engineers. The board shall adopt rules 5 to require that operation of equipment cease in the event of 6 imminent danger. 7 3. A notice of defect or inspection report issued by the 8 commissioner pursuant to this chapter may, within thirty days 9 after the making of the order, be appealed to the board. 10 Action by the board constitutes final agency action for 11 purposes of chapter 17A. 12 4. Not later than July 1, 2005, and every three years 13 thereafter, the board shall conduct a comprehensive review of 14 existing boiler rules, regulations, and standards, including 15 but not limited to those relating to potable hot water supply 16 boilers and water heaters. 17 5. The board shall establish fees for examinations, 18 inspections, annual statements, shop inspections, and other 19 services under this chapter. The fees shall reflect the actual 20 costs and expenses necessary to operate the board and perform 21 the duties of the commissioner as provided by this chapter. 22 6. The board may adopt rules governing the conversion of 23 power boilers to low pressure boilers. 24 7. The board may adopt rules establishing an internal 25 inspection interval of up to four years for objects that are 26 subject to inspection pursuant to section 89.3, subsection 4, 27 and are owned and operated by electric public utilities subject 28 to rate regulation under chapter 476. 29 Sec. 7. Section 89A.1, subsection 18, Code 2020, is amended 30 to read as follows: 31 18. “Safety board” means the elevator safety contractor and 32 installation board created in section 89A.13 91F.1 . 33 Sec. 8. Section 89A.13, Code 2020, is amended by striking 34 the section and inserting in lieu thereof the following: 35 -4- LSB 5289XC (8) 88 ec/rh 4/ 23

S.F. _____ 89A.13 Contractor and installation board —— elevator safety 1 duties. 2 1. The contractor and installation board created in section 3 91F.1 shall formulate definitions and rules for the safe and 4 proper installation, repair, maintenance, alteration, use, and 5 operation of conveyances in this state. 6 2. The owner or user of equipment regulated under this 7 chapter may appeal a notice of defect or an inspection report 8 to the safety board within thirty days after the issuance of 9 the notice or report. Action by the safety board constitutes 10 final agency action for purposes of chapter 17A. 11 3. The safety board shall adopt rules pursuant to chapter 12 17A necessary to administer the duties of the safety board 13 under this chapter. 14 4. Not later than July 1, 2005, and every three years 15 thereafter, the safety board shall conduct a comprehensive 16 review of existing conveyance rules, regulations, and 17 standards. 18 Sec. 9. Section 89A.19, Code 2020, is amended by striking 19 the section and inserting in lieu thereof the following: 20 89A.19 Elevators —— disposal of fees. 21 All fees collected by the commissioner pursuant to this 22 chapter shall be remitted to the treasurer of state to be 23 deposited in the contractor and installation fund created in 24 section 91F.2. 25 Sec. 10. Section 100C.1, subsection 5, Code 2020, is amended 26 to read as follows: 27 5. “Automatic fire extinguishing system” means a system of 28 devices and equipment that automatically detects a fire and 29 discharges an approved fire extinguishing agent onto or in 30 the area of a fire and includes automatic sprinkler systems, 31 carbon dioxide extinguishing systems, deluge systems, automatic 32 dry-chemical extinguishing systems, foam extinguishing systems, 33 and halogenated extinguishing systems, or other equivalent fire 34 extinguishing technologies recognized by the fire extinguishing 35 -5- LSB 5289XC (8) 88 ec/rh 5/ 23

S.F. _____ system contractors advisory contractor and installation board 1 created in section 91F.1 . 2 Sec. 11. Section 100C.7, Code 2020, is amended to read as 3 follows: 4 100C.7 Administration —— rules. 5 1. The state fire marshal shall administer this chapter 6 and, after consultation with the fire extinguishing system 7 contractors and alarm systems advisory contractor and 8 installation board created in section 91F.1 , shall adopt rules 9 pursuant to chapter 17A necessary for the administration and 10 enforcement of this chapter . 11 2. The contractor and installation board created in section 12 91F.1 shall advise the division on matters pertaining to the 13 application and certification of contractors and installers 14 pursuant to this chapter. 15 Sec. 12. Section 100D.5, subsection 1, Code 2020, is amended 16 to read as follows: 17 1. After consultation with the fire extinguishing 18 system contractors and alarm systems advisory contractor and 19 installation board established pursuant to section 100C.10 20 91F.1 , adopt rules pursuant to chapter 17A necessary for the 21 administration and enforcement of this chapter . 22 Sec. 13. Section 103.1, subsection 2, Code 2020, is amended 23 to read as follows: 24 2. “Board” means the electrical examining contractor and 25 installation board created under section 103.2 91F.1 . 26 Sec. 14. Section 103.6, subsection 1, paragraphs a and c, 27 Code 2020, are amended to read as follows: 28 a. Adopt rules pursuant to chapter 17A for the 29 administration of this chapter and in doing so shall be 30 governed by the minimum standards set forth in the most current 31 publication of the national electrical code issued and adopted 32 by the national fire protection association, and amendments 33 to the code, which code and amendments shall be filed in the 34 offices of the state law library and the board and shall be a 35 -6- LSB 5289XC (8) 88 ec/rh 6/ 23

S.F. _____ public record. The board shall adopt rules reflecting updates 1 to the code and amendments to the code. The board shall 2 promulgate and adopt rules establishing wiring standards that 3 protect public safety and health and property and that apply 4 to all electrical wiring which is installed subject to this 5 chapter . 6 c. Adopt rules for continuing education requirements for 7 each classification of licensure established pursuant to this 8 chapter , and adopt all rules, not inconsistent with the law, 9 necessary for the proper performance of the duties of the board 10 under this chapter . 11 Sec. 15. Section 103.7, Code 2020, is amended by striking 12 the section and inserting in lieu thereof the following: 13 103.7 Disposal of fees. 14 All licensing, examination, renewal, and inspection fees 15 collected pursuant to this chapter shall be remitted to the 16 treasurer of state to be deposited in the contractor and 17 installation fund created in section 91F.2. 18 Sec. 16. Section 103.16, subsection 1, Code 2020, is amended 19 to read as follows: 20 1. Examinations for licensure under this chapter shall be 21 offered as often as deemed necessary by the board, but no less 22 than one time per quarter. The scope of the examinations and 23 the methods of procedure shall be prescribed by the board. 24 The examinations given by the board shall be the Experior 25 assessment examination, or a successor examination approved by 26 the board, or an examination prepared by a third-party testing 27 service which is substantially equivalent to the Experior 28 assessment examination, or a successor examination approved by 29 the board. 30 Sec. 17. Section 103.17, subsection 1, unnumbered paragraph 31 1, Code 2020, is amended to read as follows: 32 A member of the board shall not disclose information under 33 this chapter relating to the following: 34 Sec. 18. Section 103A.3, subsection 1, Code 2020, is amended 35 -7- LSB 5289XC (8) 88 ec/rh 7/ 23

S.F. _____ to read as follows: 1 1. “Board of review ” or “board” means the state building 2 code contractor and installation board of review created by 3 this chapter in section 91F.1 . 4 Sec. 19. Section 103A.3, subsection 6, Code 2020, is amended 5 by striking the subsection. 6 Sec. 20. Section 103A.7, subsection 1, Code 2020, is amended 7 to read as follows: 8 1. The state building code commissioner with the approval 9 advice of the advisory council board is hereby empowered and 10 directed to formulate and adopt and from time to time amend 11 or revise and to promulgate, in conformity with and subject 12 to the conditions set forth in this chapter , reasonable rules 13 designed to establish minimum safeguards in the erection and 14 construction of buildings and structures, to protect the human 15 beings who live and work in them from fire and other hazards, 16 and to establish regulations to further protect the health, 17 safety, and welfare of the public. 18 Sec. 21. Section 103A.8A, Code 2020, is amended to read as 19 follows: 20 103A.8A Energy conservation requirements. 21 The state building code commissioner shall adopt as a part of 22 the state building code a requirement that new single-family 23 or two-family residential construction shall comply with 24 energy conservation requirements. The requirements adopted by 25 the commissioner shall be based upon a nationally recognized 26 standard or code for energy conservation. The requirements 27 shall only apply to single-family or two-family residential 28 construction commenced after the adoption of the requirements. 29 Notwithstanding any other provision of this chapter to the 30 contrary, the energy conservation requirements adopted by the 31 commissioner and approved by the council shall apply to new 32 single-family or two-family residential construction commenced 33 on or after July 1, 2008, and shall supersede and replace any 34 minimum requirements for energy conservation adopted or enacted 35 -8- LSB 5289XC (8) 88 ec/rh 8/ 23

S.F. _____ by a governmental subdivision prior to that date applicable to 1 such construction. The state building code commissioner may 2 provide training to builders, contractors, and other interested 3 persons on the adopted energy conservation requirements. 4 Sec. 22. Section 103A.10, subsection 5, Code 2020, is 5 amended to read as follows: 6 5. Notwithstanding any other provision of this chapter to 7 the contrary, the energy conservation requirements adopted by 8 the commissioner and approved by the council shall apply to 9 all new construction commenced on or after July 1, 2008, and 10 shall supersede and replace any minimum requirements for energy 11 conservation adopted or enacted by the governmental subdivision 12 prior to that date and applicable to such construction. 13 Sec. 23. Section 103A.11, subsection 4, Code 2020, is 14 amended to read as follows: 15 4. The provisions of this section shall not apply to any 16 rule relating solely to the internal operations of the office 17 of the commissioner and council . 18 Sec. 24. Section 103A.17, unnumbered paragraph 1, Code 19 2020, is amended to read as follows: 20 The board shall establish procedures pursuant to which an 21 aggrieved person may appeal to the board as provided in section 22 103A.16 . 23 Sec. 25. Section 103A.17, subsections 7 and 10, Code 2020, 24 are amended by striking the subsections. 25 Sec. 26. Section 103A.17, subsection 8, Code 2020, is 26 amended to read as follows: 27 8. A record of all decisions of the board and advisory 28 council shall be properly indexed and filed in the office of 29 the commissioner, and shall be public records as defined in 30 chapter 22 . 31 Sec. 27. Section 103A.18, unnumbered paragraph 1, Code 32 2020, is amended to read as follows: 33 Judicial review of action of the commissioner , or board 34 of review, or council may be sought in accordance with the 35 -9- LSB 5289XC (8) 88 ec/rh 9/ 23

S.F. _____ terms of the Iowa administrative procedure Act, chapter 17A . 1 Notwithstanding the terms of said Act: 2 Sec. 28. Section 103A.19, subsection 2, paragraph b, Code 3 2020, is amended to read as follows: 4 b. Require that the construction of any building or 5 structure shall be in accordance with the applicable provisions 6 of the state building code, subject, however, to the powers 7 granted to the board of review in section 103A.16 . 8 Sec. 29. Section 103A.19, subsection 2, paragraph d, 9 subparagraph (2), Code 2020, is amended to read as follows: 10 (2) Every certificate of occupancy or use shall, until set 11 aside or vacated by the board of review , director, or a court 12 of competent jurisdiction, be binding and conclusive upon all 13 state and local agencies, as to all matters set forth and no 14 order, direction, or requirement at variance therewith shall be 15 made or issued by any other state or local agency. 16 Sec. 30. Section 103A.22, subsection 1, Code 2020, is 17 amended to read as follows: 18 1. Nothing in this chapter shall be construed as prohibiting 19 any governmental subdivision from adopting or enacting any 20 building regulations relating to any building or structure 21 within its limits, but a governmental subdivision in which 22 the state building code has been accepted and is applicable 23 shall not have the power to supersede, void, or repeal or make 24 more restrictive any of the provisions of this chapter or of 25 the rules adopted by the commissioner. This subsection shall 26 not apply to energy conservation requirements adopted by the 27 commissioner and approved by the council pursuant to section 28 103A.8A or 103A.10 . 29 Sec. 31. Section 105.2, subsection 2, Code 2020, is amended 30 to read as follows: 31 2. “Board” means the plumbing and mechanical systems 32 contractor and installation board as established pursuant to 33 section 105.3 91F.1 . 34 Sec. 32. Section 105.3, Code 2020, is amended by striking 35 -10- LSB 5289XC (8) 88 ec/rh 10/ 23

S.F. _____ the section and inserting in lieu thereof the following: 1 105.3 National organization memberships. 2 The board may maintain a membership in any national 3 organization of state boards for the professions of plumbing, 4 mechanical, HVAC, refrigeration, sheet metal, or hydronic 5 professionals, with all membership fees to be paid from funds 6 appropriated to the board. 7 Sec. 33. Section 272C.1, subsection 6, paragraph ae, Code 8 2020, is amended to read as follows: 9 ae. The plumbing and mechanical systems contractor and 10 installation board, created pursuant to chapter 105 91F . 11 Sec. 34. Section 331.301, subsection 6, paragraph b, Code 12 2020, is amended to read as follows: 13 b. A county shall not impose any fee or charge on any 14 individual or business licensed by the plumbing and mechanical 15 systems contractor and installation board created in section 16 91F.1 for the right to perform plumbing, mechanical, HVAC, 17 refrigeration, sheet metal, or hydronic systems work within 18 the scope of the license. This paragraph does not prohibit a 19 county from charging fees for the issuance of permits for, and 20 inspections of, work performed in its jurisdiction. 21 Sec. 35. Section 364.3, subsection 3, paragraph b, Code 22 2020, is amended to read as follows: 23 b. A city shall not impose any fee or charge on any 24 individual or business licensed by the plumbing and mechanical 25 systems contractor and installation board created in section 26 91F.1 for the right to perform plumbing, mechanical, HVAC, 27 refrigeration, sheet metal, or hydronic systems work within 28 the scope of the license. This paragraph does not prohibit a 29 city from charging fees for the issuance of permits for, and 30 inspections of, work performed in its jurisdiction. 31 Sec. 36. Section 602.8102, subsection 25, Code 2020, is 32 amended to read as follows: 33 25. Carry out duties relating to the judicial review of 34 orders of the elevator safety board as provided in section 35 -11- LSB 5289XC (8) 88 ec/rh 11/ 23

S.F. _____ 89A.10, subsection 2 . 1 Sec. 37. REPEAL. Sections 89.8, 100C.10, 103.2, 103.3, 2 103.4, 103A.14, and 103A.15, Code 2020, are repealed. 3 Sec. 38. EFFECTIVE DATE. This division of this Act takes 4 effect January 1, 2022. 5 DIVISION III 6 ELEVATOR REGULATION 7 Sec. 39. Section 89A.3, subsection 2, paragraph i, Code 8 2020, is amended to read as follows: 9 i. (1) The amount of fees charged and collected for 10 inspection, permits, and commissions. Fees shall be set 11 at an amount sufficient to cover costs as determined from 12 consideration of the reasonable time required to conduct an 13 inspection, reasonable hourly wages paid to inspectors, and 14 reasonable transportation and similar expenses. The safety 15 board shall not charge a fee to submit a maintenance or repair 16 report pursuant to section 89A.6A. 17 (2) The safety board shall not charge an inspection fee 18 for a conveyance operated in a building or structure that is 19 three stories or less and is owned or operated by a nonprofit 20 organization or by a church or house of worship. The safety 21 board may charge an operating permit fee for such a conveyance 22 of no more than one hundred dollars per three-year period. 23 Sec. 40. Section 89A.6, subsection 3, Code 2020, is amended 24 to read as follows: 25 3. Every conveyance shall be inspected not less frequently 26 than annually, except that the safety board may adopt rules 27 providing for inspections of conveyances at intervals other 28 than annually. However, a conveyance operated in a building 29 or structure that is three stories or less and is owned or 30 operated by a nonprofit organization or by a church or house of 31 worship shall be inspected no more frequently than every three 32 years. 33 Sec. 41. NEW SECTION . 89A.6A Maintenance or repair reports. 34 If maintenance or repair of a conveyance is found to be 35 -12- LSB 5289XC (8) 88 ec/rh 12/ 23

S.F. _____ necessary after an inspection pursuant to section 89A.6, 1 subsection 3 by an inspector or special inspector, the permit 2 holder for the conveyance may submit a report regarding the 3 maintenance or repair to the commissioner. The commissioner 4 shall accept the report as satisfying the applicable 5 requirements of this chapter in lieu of additional inspection. 6 The commissioner shall only authorize an additional inspection 7 of the conveyance outside of the schedule provided in section 8 89A.6 if serious, major safety concerns were identified 9 in the previous inspection. The report shall be submitted 10 electronically in a format required by the commissioner after 11 the repair or maintenance is completed and within the time 12 provided by rule pursuant to chapter 17A, but not to exceed 13 thirty days. 14 Sec. 42. Section 89A.9, subsection 1, Code 2020, is amended 15 to read as follows: 16 1. Operating permits shall be issued by the commissioner 17 to the owner of every conveyance when the inspection report , 18 or maintenance or repair report if applicable, indicates 19 compliance with the applicable provisions of this chapter . 20 However, a permit shall not be issued if the fees required by 21 this chapter have not been paid. Permits Unless the time is 22 extended for cause by the division, permits shall be issued 23 within thirty days after filing of the inspection report 24 required by section 89A.6 , unless the time is extended for 25 cause by the division or the maintenance or repair report 26 authorized by section 89A.6A . A conveyance shall not be 27 operated after the thirty days or after an extension granted by 28 the commissioner has expired, unless an operating permit has 29 been issued. 30 Sec. 43. Section 89A.9, Code 2020, is amended by adding the 31 following new subsection: 32 NEW SUBSECTION . 3. An operating permit for a conveyance 33 operated in a building or structure that is three stories or 34 less and is owned or operated by a nonprofit organization or by 35 -13- LSB 5289XC (8) 88 ec/rh 13/ 23

S.F. _____ a church or house of worship shall be valid for three years. 1 Sec. 44. Section 89A.10, subsection 1, Code 2020, is amended 2 to read as follows: 3 1. If an inspection report , or maintenance or repair report 4 if applicable, indicates a failure to comply with applicable 5 rules, or with the detailed plans and specifications approved 6 by the commissioner, the commissioner may, upon giving notice, 7 order the owner thereof to make the changes necessary for 8 compliance. 9 Sec. 45. Section 89A.13, subsection 5, Code 2020, is amended 10 to read as follows: 11 5. The owner or user of equipment regulated under this 12 chapter may appeal a notice of defect , or an inspection report , 13 or a maintenance or repair report to the safety board within 14 thirty days after the issuance of the notice or report. Safety 15 board action constitutes final agency action for purposes of 16 chapter 17A . 17 DIVISION IV 18 PRIVATE INVESTIGATIVE AGENCIES 19 Sec. 46. Section 80A.1, subsection 12, Code 2020, is amended 20 to read as follows: 21 12. “Private security business” means a business of 22 furnishing, for hire or reward, guards, watch personnel, 23 armored car personnel, patrol personnel, or other persons to 24 protect persons or property, to prevent the unlawful taking of 25 goods and merchandise, or to prevent the misappropriation or 26 concealment of goods, merchandise, money, securities, or other 27 valuable documents or papers, and includes an individual who 28 for hire patrols, watches, or guards a residential, industrial, 29 or business property or district. “Private security business” 30 does not include a business for debt collection as defined in 31 section 537.7102. 32 DIVISION V 33 ENERGY CONSERVATION REQUIREMENTS 34 Sec. 47. Section 103A.10, subsection 5, Code 2020, is 35 -14- LSB 5289XC (8) 88 ec/rh 14/ 23

S.F. _____ amended to read as follows: 1 5. a. Notwithstanding any other provision of this chapter 2 to the contrary, the energy conservation requirements adopted 3 by the commissioner and approved by the council shall apply to 4 all new construction commenced on or after July 1, 2008, and 5 shall supersede and replace any minimum requirements for energy 6 conservation adopted or enacted by the governmental subdivision 7 prior to that date and applicable to such construction. 8 b. (1) Subject to the provisions of this subsection, energy 9 conservation requirements for home construction adopted by the 10 commissioner and approved by the council on or after January 1, 11 2020, shall be cost-effective. 12 (2) For purposes of this paragraph, “cost-effective” shall 13 mean, using the existing energy conservation requirements as 14 the base of comparison, the economic benefits of the proposed 15 energy conservation requirements will exceed the economic 16 costs of the requirements based upon an incremental multiyear 17 analysis that meets all of the following requirements: 18 (a) Considers the perspective of a typical first-time home 19 buyer. 20 (b) Considers benefits and costs over a seven-year time 21 period. 22 (c) Does not assume fuel price increases in excess of the 23 assumed general rate of inflation. 24 (d) Ensures that the buyer of a home who would qualify to 25 purchase the home before the addition of the energy efficient 26 standards will still qualify to purchase the same home after 27 the additional cost of the energy-saving construction features. 28 (e) Ensures that the costs of principal, interest, taxes, 29 insurance, and utilities will not be greater after the 30 inclusion of the proposed cost of the additional energy-saving 31 construction features required by the proposed energy 32 conservation requirements than under the provisions of the 33 existing energy conservation requirements. 34 Sec. 48. CODE EDITOR DIRECTIVE. The Code editor is directed 35 -15- LSB 5289XC (8) 88 ec/rh 15/ 23

S.F. _____ to harmonize the section of this division of this Act amending 1 section 103A.10, subsection 5, with the division of this Act 2 amending section 103A.10, subsection 5, if enacted, by striking 3 the phrase “and approved by the council” where appropriate and 4 to make other related changes, if necessary, to effectuate such 5 change, effective January 1, 2022. 6 Sec. 49. EFFECTIVE DATE. This division of this Act, being 7 deemed of immediate importance, takes effect upon enactment. 8 Sec. 50. RETROACTIVE APPLICABILITY. This division of 9 this Act applies retroactively to January 1, 2020, for energy 10 conservation requirements adopted and approved on and after 11 that date. 12 DIVISION VI 13 BUILDING CONTRACTOR BOARDS CONSOLIDATION —— TRANSITION 14 PROVISIONS 15 Sec. 51. LABOR SERVICES DIVISION —— IMPLEMENTATION STUDY —— 16 REPORT. The division of labor services of the department of 17 workforce development shall conduct a study, in consultation 18 with interested stakeholders, concerning the consolidation 19 of boards as provided by this Act. The study shall consider 20 financing options for the consolidated boards, staffing 21 requirements, and such other issues that might require 22 legislative action necessary for the proper implementation of 23 the requirements of this Act. The division shall submit a 24 written report, including its findings and recommendations for 25 legislative action, to the general assembly by January 1, 2021. 26 Sec. 52. ADMINISTRATIVE RULES —— TRANSITION PROVISIONS. 27 1. a. Any rule, regulation, form, order, or directive 28 promulgated by any board or council mentioned in this Act, 29 including any board or council abolished, merged, or altered in 30 this Act, and in effect on January 1, 2022, shall continue in 31 full force and effect until amended, repealed, or supplemented 32 by affirmative action of the appropriate board under the duties 33 and powers of boards as established in this Act and under the 34 procedure established in subsection 2. 35 -16- LSB 5289XC (8) 88 ec/rh 16/ 23

S.F. _____ b. Any license or permit issued by any board or council 1 mentioned in this Act, including any board or council 2 abolished, merged, or altered in this Act, and in effect on 3 January 1, 2022, shall continue in full force and effect until 4 expiration or renewal. 5 c. Any moneys remaining in the boiler and pressure vessel 6 safety fund, elevator safety fund, and electrician and 7 installer licensing and inspection fund on January 1, 2022, 8 shall be transferred to the contractor and installation fund, 9 as created in this Act, under the control of the contractor and 10 installation board as created in this Act. Notwithstanding 11 section 8.33, the moneys transferred in accordance with this 12 paragraph shall not revert to the account or fund from which 13 appropriated or transferred. 14 d. An administrative hearing or court proceeding arising 15 out of an enforcement action by any board or council abolished, 16 merged, or altered in this Act, and pending on January 1, 2022, 17 shall not be affected by this Act. Any cause of action or 18 statute of limitation relating to an action taken by any board 19 or council abolished, merged, or altered in this Act shall not 20 be affected by this Act and such cause of action or statute of 21 limitation shall apply to the applicable successor board as 22 created in this Act. 23 2. In regard to updating references and format in the Iowa 24 administrative code in order to correspond to the restructuring 25 of boards and councils as established in this Act, the 26 administrative rules coordinator and the administrative rules 27 review committee, in consultation with the administrative code 28 editor, shall jointly develop a schedule for the necessary 29 updating of the Iowa administrative code. 30 Sec. 53. EFFECTIVE DATE. This division of this Act takes 31 effect July 1, 2020. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -17- LSB 5289XC (8) 88 ec/rh 17/ 23

S.F. _____ This bill concerns government regulation. The bill is 1 organized by divisions. 2 DIVISION I —— CONTRACTOR and INSTALLATION BOARD AND 3 FUND. This division of the bill creates the contractor and 4 installation board and the contractor and installation fund. 5 New Code section 91F.1 creates the contractor and 6 installation board within the division of labor services of the 7 department of workforce development. The board consists of 18 8 voting members who shall be appointed by the governor, subject 9 to confirmation by the senate, and who shall serve four-year 10 staggered terms. The bill specifies the criteria for the 18 11 voting members and provides for three nonvoting, ex officio 12 members of the board. The bill provides for selection of a 13 chairperson and vice chairperson, authority to call a meeting, 14 and quorum requirements. The bill provides that the board 15 shall have such duties as provided by law and shall adopt rules 16 necessary to administer the duties of the board. 17 New Code section 91F.2 creates the contractor and 18 installation fund. The fund shall consist of moneys deposited 19 in the fund and moneys in the fund are appropriated and shall 20 be used by the contractor and installation board to pay the 21 actual costs and expenses necessary to operate the board and to 22 perform the duties of the board. 23 The division of the bill takes effect July 1, 2021. 24 DIVISION II —— BOARD DUTY CONSOLIDATION —— CONFORMING 25 CHANGES. This division eliminates the boiler and pressure 26 vessel board, the elevator safety board, the fire extinguishing 27 system contractors and alarm system advisory board, the 28 electrical examining board, the state building code board of 29 review, the state building code advisory council, and the 30 plumbing and mechanical systems board. The bill then transfers 31 duties and responsibilities from the eliminated boards and 32 councils to the new board established by division I of the 33 bill, the contractor and installation board. 34 Code chapter 89, concerning boilers and unfired steam 35 -18- LSB 5289XC (8) 88 ec/rh 18/ 23

S.F. _____ pressure vessels, is amended by repealing the boiler and 1 pressure vessel board and transferring duties performed by 2 that board to the contractor and installation board created 3 by the bill. Code section 89.9, concerning fees, is amended 4 to provide that all fees provided for in Code chapter 89 5 and collected shall be deposited in the new contractor and 6 installation fund created in the bill. Code section 89.14, 7 establishing the boiler and pressure vessel board and providing 8 for its duties, is stricken and rewritten. The bill provides 9 that the duties of the boiler and pressure vessel board are 10 to be performed by the contractor and installation board and 11 provides that action by the new board relative to a notice of 12 defect or inspection report constitutes final agency action. 13 Code chapter 89A, concerning elevators, is amended by 14 repealing the elevator safety board and transferring duties 15 performed by that board to the contractor and installation 16 board created by the bill. Code section 89A.13, creating the 17 elevator safety board, is stricken and rewritten to provide 18 that the duties of the elevator safety board shall be performed 19 by the new contractor and installation board. In addition, the 20 bill provides that action by the new board constitutes final 21 agency action. Code section 89A.19, creating the elevator 22 safety fund, is amended by striking the fund and providing 23 that all fees collected pursuant to Code chapter 89A shall be 24 deposited in the contractor and installation fund created in 25 the bill. 26 Code chapters 100C and 100D, concerning fire extinguishing 27 and alarm systems contractors and fire protection system 28 installation, are amended by repealing the fire extinguishing 29 system contractors and alarm systems advisory board and 30 transferring duties performed by that board to the contractor 31 and installation board created by the bill. The bill provides 32 that the new contractor and installation board shall advise the 33 division of the state fire marshal in the department of public 34 safety on matters pertaining to fire extinguishing contractors 35 -19- LSB 5289XC (8) 88 ec/rh 19/ 23