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PAG LIN 1 1 Section 1. Section 7E.5, subsection 1, paragraph r, Code 1 2 2003, is amended to read as follows: 1 3 r. The department of natural resources, created in section 1 4 455A.2, which has primary responsibility for state parks and 1 5 forests, protecting the environment, and managingenergy,1 6 fish, wildlife, and land and water resources. 1 7 Sec. 2. Section 15.108, Code 2003, is amended by adding 1 8 the following new subsection: 1 9 NEW SUBSECTION. 12. ENERGY DEVELOPMENT. 1 10 a. To provide leadership and assistance in the development 1 11 and attraction of energy-related economic development 1 12 activities statewide for local governments, energy-related 1 13 organizations, economic development groups, and other entities 1 14 to increase the development of new energy sources and economic 1 15 development opportunities in the state, and to improve the 1 16 quality of existing energy resources in order to maximize the 1 17 effects of other economic development efforts. 1 18 b. To carry out these responsibilities, the department 1 19 shall do at least all of the following: 1 20 (1) Designate a separate division within the department to 1 21 focus upon the development of energy-related programs and 1 22 projects that will assist both the state and local entities in 1 23 achieving economic development goals. The department shall be 1 24 the primary department in the provision of a one-stop source 1 25 for energy development assistance, in coordination with other 1 26 agencies of the state. 1 27 (2) Assume the role of energy and economic development 1 28 advocate for the state and local entities, including attention 1 29 to securing an adequate supply of energy for residential and 1 30 business markets at the lowest possible cost, while balancing 1 31 that objective with economic development goals. However, the 1 32 department shall maintain an objective relationship with the 1 33 utilities board established within the utilities division of 1 34 the department of commerce, with regard to ratemaking issues 1 35 and procedures. 2 1 (3) Administer the applicable provisions of chapter 473 2 2 and other provisions of the Code for which the department is 2 3 assigned responsibility. 2 4 Sec. 3. Section 72.5, subsection 2, Code 2003, is amended 2 5 to read as follows: 2 6 2. In connection with development of a statewide building 2 7 energy efficiency rating system, pursuant to section 473.40, 2 8 thedirector of the department of natural resourcesstate 2 9 building code administrator, in consultation with the 2 10 department of management, state building code director,and 2 11 the state fire marshal, shall develop standards and methods to 2 12 evaluate design development documents and construction 2 13 documents based upon the energy efficiency rating system for 2 14 public buildings, and other life cycle cost factors, to 2 15 facilitate fair and uniform comparisons between design 2 16 proposals and informed decision making by public bodies. 2 17 Sec. 4. Section 103A.8, subsection 7, Code 2003, is 2 18 amended to read as follows: 2 19 7. Limit the application of thermal efficiency standards 2 20 for energy conservation to new construction which will 2 21 incorporate a heating or cooling system. Air exchange fans 2 22 designed to provide ventilation shall not be considered a 2 23 cooling system. The commissioner shall exempt any new 2 24 construction from thermal efficiency standards for energy 2 25 conservation if the commissioner determines that the standards 2 26 are unreasonable as they apply to a particular building or 2 27 class of buildings including farm buildings for livestock use. 2 28 Lighting efficiency standards shall recognize variations in 2 29 lighting intensities required for the various tasks performed 2 30 within the building.The commissioner shall consult with the2 31department of natural resources regarding standards for energy2 32conservation prior to the adoption of the standards.However, 2 33 the standards shall be consistent with section 103A.8A. 2 34 Sec. 5. Section 103A.8A, Code 2003, is amended to read as 2 35 follows: 3 1 103A.8A MINIMUM ENERGY EFFICIENCY STANDARD. 3 2 1. The state building code commissioner shall adopt as a 3 3 part of the state building code a requirement that new single- 3 4 family or two-family residential construction shall meet an 3 5 established minimum energy efficiency standard. The standard 3 6 shall be stated in terms of the home heating index developed 3 7 by the physics department at Iowa state university of science 3 8 and technology. The minimum standard shall be the average 3 9 energy consumption of new single-family or two-family 3 10 residential constructionas determined by a survey conducted3 11by the department of natural resources of the average actual3 12energy consumption, as expressed in terms of the home heating 3 13 index. The minimum standard shall only apply to single-family 3 14 or two-family residential construction commenced after the 3 15 adoption of the standard. 3 16 2. This chapter shall not be construed to prohibit a 3 17 governmental subdivision from adopting or enacting a minimum 3 18 energy standard which is substantially in accordance and 3 19 consistent with model energy codes and standards developed by 3 20 a nationally recognized organization in effect on or after 3 21 July 1, 2002. A governmental subdivision that adopts or 3 22 enacts a minimum energy standard which is substantially in 3 23 accordance and consistent with model energy codes and 3 24 standards developed by a nationally recognized organization 3 25 shall adopt or enact any update or revision to the model 3 26 energy codes and standards. 3 27 Sec. 6. Section 159A.3, subsection 5, Code 2003, is 3 28 amended to read as follows: 3 29 5. The office and state entities, including the 3 30 department, the committee, the Iowa department of economic 3 31 development, the state department of transportation,the3 32department of natural resources,state board of regents 3 33 institutions, and the Wallace technology transfer foundation 3 34 of Iowa, shall cooperate to implement this section. 3 35 Sec. 7. Section 159A.4, subsection 1, paragraph d, Code 4 1 2003, is amended by striking the paragraph. 4 2 Sec. 8. Section 159A.4, subsection 1, unnumbered paragraph 4 3 2, Code 2003, is amended to read as follows: 4 4 The governor shall appoint persons who shall be confirmed 4 5 by the senate, pursuant to section 2.32, to serve as voting 4 6 members of the committee. However, the secretary of 4 7 agriculture shall appoint the person representing the 4 8 department of agriculture and land stewardship, the director 4 9 of the Iowa department of economic development shall appoint 4 10 the person representing that department, and the director of 4 11 the state department of transportation shall appoint the 4 12 person representing that department, and the director of the4 13department of natural resources shall appoint the person4 14representing that department. The governor may make 4 15 appointments of persons representing organizations listed 4 16 under paragraphs "g" through "i" from a list of candidates 4 17 which shall be provided by the organization upon request by 4 18 the governor. 4 19 Sec. 9. Section 159A.6B, unnumbered paragraph 2, Code 4 20 2003, is amended to read as follows: 4 21 The office may execute contracts in order to provide 4 22 technical support and outreach services for purposes of 4 23 assisting and educating interested persons as provided in this 4 24 section. The office may also contract with a consultant to 4 25 provide part or all of these services. The office may require 4 26 that a person receiving assistance pursuant to this section 4 27 contribute up to fifty percent of the amount required to 4 28 support the costs of contracting with the consultant to 4 29 provide assistance to the person. The office shall assist the 4 30 person in completing any technical information required in 4 31 order to receive assistance by the department of economic 4 32 development pursuant to the value-added agricultural products 4 33 and processes financial assistance program created pursuant to 4 34 section 15E.111. The office shall cooperate with the 4 35 department of economic development, the department of natural5 1resources,and regents institutions or other universities and 5 2 colleges as provided in section 15E.111,in order to carry out 5 3 this section. 5 4 Sec. 10. Section 266.39C, subsection 2, paragraph f, Code 5 5 2003, is amended by striking the paragraph. 5 6 Sec. 11. Section 323A.2, subsection 1, paragraph c, Code 5 7 2003, is amended to read as follows: 5 8 c. The director of the department ofnatural resources5 9 agriculture and land stewardship determines that the 5 10 franchisee has demonstrated that a special hardship exists in 5 11 the community served by the franchisee relating to the public 5 12 health, safety and welfare, as specified under the rules of 5 13 the departmentof natural resources. 5 14 Sec. 12. Section 455A.2, Code 2003, is amended to read as 5 15 follows: 5 16 455A.2 DEPARTMENT OF NATURAL RESOURCES. 5 17 A department of natural resources is created, which has the 5 18 primary responsibility for state parks and forests, protecting 5 19 the environment, and managingenergy,fish, wildlife, and land 5 20 and water resources in this state. 5 21 Sec. 13. Section 455A.4, subsection 1, paragraph b, Code 5 22 2003, is amended to read as follows: 5 23 b. Provide overall supervision, direction, and 5 24 coordination of functions to be administered by the 5 25 administrators under chapters 321G, 455B, 455C, 456, 456A, 5 26 456B, 457A, 458A, 459, subchapters I, II, III, IV, and VI,* 5 27 chapters 461A, 462A, 462B, 464A, 465C,473,481A, 481B, 483A, 5 28 484A, and 484B. 5 29 Sec. 14. Section 455A.6, subsection 6, paragraph b, Code 5 30 2003, is amended to read as follows: 5 31 b. Hear appeals in contested cases pursuant to chapter 17A 5 32 on matters relating to actions taken by the director under 5 33 chapter 455C, 458A, or 464B, or 473. 5 34 Sec. 15. Section 473.1, Code 2003, is amended to read as 5 35 follows: 6 1 473.1 DEFINITIONS. 6 2 As used in this chapter, unless the context otherwise 6 3 requires: 6 41. "Commission" means the environmental protection6 5commission of the department.6 62.1. "Department" means the department ofnatural6 7resources created under section 455A.2economic development 6 8 created in section 15.105. 6 93.2. "Director" means the director of the department or a 6 10 designee. 6 114.3. "Energy" or "energy sources" means gasoline, fuel 6 12 oil, natural gas, propane, coal, special fuels and 6 13 electricity. 6 145.4. "Supplier" means any person engaged in the business 6 15 of selling, importing, storing or generating energy sources in 6 16 Iowa. 6 17 Sec. 16. Section 473.7, Code 2003, is amended to read as 6 18 follows: 6 19 473.7 DUTIES OF THE DEPARTMENT. 6 20 It is the intent of the general assembly that the 6 21 department be in the leadership position on energy issues for 6 22 the state of Iowa. The department is invested with the mantle 6 23 of responsibility for all energy issues including but not 6 24 limited to monitoring the current status of energy reserves 6 25 and projects, planning future opportunities for needed growth 6 26 and new technologies, and increasing statewide awareness for 6 27 present and future concerns regarding energy issues affecting 6 28 Iowa's residences and businesses. 6 29 In accomplishing its mission, the department shall 6 30 communicate to the citizens of the state, energy providers, 6 31 and the general assembly on the status of energy issues and 6 32 projects through routine reporting and other regular 6 33 communication, and shall promptly inform the state of any 6 34 major concerns that arise. 6 35 The department shall: 7 1 1. Deliver to the general assemblyby January 15, 19907 2 every five years beginning in 2005, a plan for the 7 3 development, management, and efficient utilization of all 7 4 energy resources in the state. The plan shall evaluate 7 5 existing energy utilization with regard to energy efficiency 7 6 and shall evaluate the future energy needs of the state. The 7 7 plan shall include but is not limited to the following 7 8 elements: 7 9a. The historical use and distribution of energy in Iowa.7 10b. The growth rate of energy consumption in Iowa.7 11c. A projection of Iowa's energy needs at a minimum of ten7 12years into the future.7 13 a. The availability of energy for residential and current 7 14 business usage, and opportunities for business development. 7 15 Projections shall extend for at least ten years into the 7 16 future. 7 17 b. Opportunities for selling energy to neighboring states. 7 18 c. Energy prices in Iowa and competitiveness with other 7 19 midwestern states. 7 20 d. Reliability of energy distributed to residences and 7 21 businesses in Iowa. A measurement of outages and reduced 7 22 voltages shall be included in the plan. 7 23 e. An analysis of any outstanding safety issues. 7 24 f. The status of security at energy facilities in Iowa, 7 25 including any special vulnerability to threats or attacks. 7 26d.g. The impact of meeting Iowa's energy needs on the 7 27 economy of the state. 7 28e.h. The impact of meeting Iowa's energy needs on the 7 29 environment of the state. 7 30f.i. An evaluation of alternative sources and uses of 7 31 energy. 7 32g.j. Legislative recommendations that may be necessary as 7 33 a basis for a state policy for the development and efficient 7 34 utilization of energy resources. 7 35h. An evaluation of the ability of existing laws and8 1regulations surrounding the utilization of energy resources.8 2 The department shall develop the plan with the assistance 8 3 of, and in consultation with, representatives of the energy 8 4 industry, economic interests, the public, and other interested 8 5 parties. The department shall submita report to the general8 6assembly concerning the status and implementation of the plan8 7on a biennial basis. The biennialan annual update to the 8 8 general assembly that shall contain an evaluation of all state 8 9 energy programs, including expected versus actual benefits, 8 10 and forecasts of future energy demand in Iowa. 8 112. Identify a state facility in the state to be used as a8 12marketing tool to promote energy conservation by providing a8 13showcase for the department to demonstrate energy efficiency.8 143.2.The department shall exchangeExchange information 8 15 with other states on energy and especially on the allocation 8 16 of fuel andshallrequest all information necessary to 8 17 determine the reasonableness of any reduction of Iowa's fuel 8 18 allocation. 8 194.3. Establish a central depository within the state for 8 20 energy data. The central depository shall be located at or 8 21 accessible through a librarywhichthat is a member of an 8 22 interlibrary loan program to facilitate access to the data and 8 23 information contained in the central depository. 8 24 a. The department shall collect data necessary to forecast 8 25 future energy demands in the state. 8 26 b. The department may require a supplier to provide 8 27 information pertaining to the supply, storage, distribution 8 28 and sale of energy sources in this state. 8 29 (1) The information shall be furnished on a periodic 8 30 basis, shall be of a naturewhichthat directly relates to the 8 31 supply, storage, distribution and sale of energy sources, and 8 32 shall not include any records, documents, books, or other data 8 33whichthat relate to the financial position of the supplier. 8 34Provided the(2) The department, prior to requiring any 8 35 supplier to furnish it withsuchinformation, shall make every 9 1 reasonable effort to determine if the same information is 9 2 available from any other governmental source. If it finds 9 3 such information is available, the department shall not 9 4 require submission of thesameinformation from a supplier. 9 5 c. Notwithstanding the provisions of chapter 22, 9 6 information and reports obtained under this section shall be 9 7 confidential except when used for statistical purposes without 9 8 identifying a specific supplier and when release of the 9 9 information will not give an advantage to competitors and 9 10 serves a public purpose. 9 11 d. The department shall use this data to conduct energy 9 12 forecastswhich shall be included in the biennial updateas 9 13 required by this section. 9 14 e. The department may subpoena witnesses, administer oaths 9 15 and require the production of records, books, and documents 9 16 for examination in order to obtain information required to be 9 17 submitted under this section. In case of failure or refusal 9 18 on the part of any person to comply with a subpoena issued by 9 19 the department, or in case of the refusal of any witness to 9 20 testify as to any matter regarding which the witness may be 9 21 interrogated under this chapter, the district court, upon the 9 22 application of the department, may order the person to show 9 23 cause why the person should not be held in contempt for 9 24 failure to testify or comply with a subpoena, and may order 9 25 the person to produce the records, books, and documents for 9 26 examination, and to give testimony. The courts may punish for 9 27 contempt as in the case of disobedience to alikesubpoena 9 28 issued by the court, or for refusal to testify. 9 295.4. Develop, recommend, and implement with appropriate 9 30 agencies public and professional education and communication 9 31 programs in energy efficiency, energy conservation, and 9 32 conversion to alternative sources of energy. 9 336.5.When necessary to carry out its duties under this9 34chapter, enter into contractsContract with state agencies and 9 35 other qualified contractors when necessary to carry out duties 10 1 assigned to the department under this chapter. 10 27.6. Receive and accept grants made available for 10 3 programs relating to duties of the department under this 10 4 chapter. 10 58.7.PromulgateAdopt rules necessary to carry out the 10 6 provisions of this chapter, subject to review in accordance 10 7 with chapter 17A. Rules promulgated by the governor pursuant 10 8 to a proclamation issued under the provisions of section 473.8 10 9 shall not be subject to review or a public hearing as required 10 10 in chapter 17A; however, agency rules for implementation of 10 11 the governor's proclamation are subject to the requirements of 10 12 chapter 17A. 10 139.8. Examine and determine whether additional state 10 14 regulatory authority is necessary to protect the public 10 15 interest and to promote the effective development, utilization 10 16 and conservation of energy resources. If the department finds 10 17 that additional regulatory authority is necessary, the 10 18 department shall submit recommendations to the general 10 19 assembly concerning the nature and extent of such regulatory 10 20 authority and which state agency should be assigned such 10 21 regulatory responsibilities. 10 2210.9. Develop and assist in the implementation of public 10 23 education and communications programs in energy development, 10 24 use and conservation, inco-operationcooperation with the 10 25 department of education, the state university extension 10 26 services, and other public or private agencies and 10 27 organizations as deemed appropriate by the department. 10 2811.10. Develop a program to annually give public 10 29 recognition to innovative methods of energy conservation. 10 3012.11. Administer and coordinate federal funds for energy 10 31 conservation programs including, but not limited to, the 10 32 institutional conservation program, state energy conservation 10 33 program, and energy extension service program, and related 10 34 programs which provide energy management and conservation 10 35 assistance to schools, hospitals, health-care facilities, 11 1 communities, and the general public. 11 213.12. Administer and coordinate the state building 11 3 energy management program including projects funded through 11 4 private financing. 11 514. Perform monthly fuel surveys which establish a11 6statistical average of motor fuel prices for various motor11 7fuels provided throughout the state. Additionally, the11 8department shall perform monthly fuel surveys in cities with11 9populations of over fifty thousand which establish a11 10statistical average of motor fuel prices for various motor11 11fuels provided in those individual cities. The survey results11 12shall be publicized in a monthly press release issued by the11 13department.11 1415. Conduct a study on activities related to energy11 15production and use which contribute to global climate change11 16and the depletion of the stratospheric ozone layer. The study11 17shall identify the types and relative contributions of these11 18activities in Iowa. The department shall develop a strategy11 19to reduce emissions from activities identified as having an11 20adverse impact on the global climate and the stratospheric11 21ozone layer. The department shall submit a report containing11 22its findings and recommendations to the governor and general11 23assembly by January 1, 1992.11 24 Sec. 17. NEW SECTION. 473.7A DUTIES OF DEPARTMENT OF 11 25 AGRICULTURE AND LAND STEWARDSHIP. 11 26 The department of agriculture and land stewardship shall 11 27 perform monthly fuel surveys that establish a statistical 11 28 average of motor fuel prices for various motor fuels provided 11 29 throughout the state. Additionally, the department shall 11 30 perform monthly fuel surveys in cities with populations of 11 31 over fifty thousand which establish a statistical average of 11 32 motor fuel prices for various motor fuels provided in those 11 33 individual cities. The survey results shall be publicized in 11 34 a monthly press release issued by the department. The 11 35 department shall exchange information with other states and 12 1 especially on the allocation of fuel and shall request all 12 2 information necessary to determine the reasonableness of any 12 3 reduction of Iowa's fuel allocation. 12 4 Sec. 18. Section 473.8, unnumbered paragraph 1, Code 2003, 12 5 is amended to read as follows: 12 6 If thedepartmentemergency management division of the 12 7 department of public defense, by resolution, determines the 12 8 health, safety, or welfare of the people of this state is 12 9 threatened by an actual or impending acute shortage of usable 12 10 energy, it shall transmit the resolution to the governor 12 11 together with its recommendation on the declaration of an 12 12 emergency by the governor and recommended actions, if any, to 12 13 be undertaken. Within thirty days of the date of the 12 14 resolution, the governor may issue a proclamation of emergency 12 15 which shall be filed with the secretary of state. The 12 16 proclamation shall state the facts relied upon and the reasons 12 17 for the proclamation. 12 18 Sec. 19. Section 473.10, Code 2003, is amended to read as 12 19 follows: 12 20 473.10 RESERVE REQUIRED. 12 21 1. If thedepartmentemergency management division of the 12 22 department of public defense or the governor finds that an 12 23 impending or actual shortage or distribution imbalance of 12 24 liquid fossil fuels may cause hardship or pose a threat to the 12 25 health and economic well-being of the people of the state or a 12 26 significant segment of the state's population, thedepartment12 27 division or the governor may authorize thedirector12 28 administrator of the emergency management division to operate 12 29 a liquid fossil fuel set-aside program as provided in 12 30 subsection 2. 12 31 2. Upon authorization by thedepartmentemergency 12 32 management division of the department of public defense or the 12 33 governor, thedirectoradministrator of the emergency 12 34 management division may require a prime supplier to reserve a 12 35 specified fraction of the prime supplier's projected total 13 1 monthly release of liquid fossil fuel in Iowa. Thedirector13 2 administrator may release any or all of the fuel required to 13 3 be reserved by a prime supplier to end-users or to 13 4 distributors for release through normal retail distribution 13 5 channels to retail customers. However, the specified fraction 13 6 required to be reserved shall not exceed three percent for 13 7 propane, aviation fuel and residual oil, and five percent for 13 8 motor gasoline, heating oil, and diesel oil. 13 9 3. Thedepartmentemergency management division of the 13 10 department of public defense shall periodically review and may 13 11 terminate the operation of a set-aside program authorized by 13 12 thedepartmentdivision under subsection 1 when thedepartment13 13 division finds that the conditions that prompted the 13 14 authorization no longer exist. The governor shall 13 15 periodically review and may terminate the operation of a set- 13 16 aside program authorized by the governor under subsection 1 13 17 when the governor finds that the conditions that prompted the 13 18 authorization no longer exist. 13 19 4. Thedirectoradministrator of the emergency management 13 20 division shall adopt rules toimplementadminister this 13 21 section. 13 22 Sec. 20. Section 473.11, subsection 1, paragraph f, Code 13 23 2003, is amended to read as follows: 13 24 f. The moneys deposited under section 473.16 in the 13 25 general fund of the state shall be used for research and 13 26 development of selected projects to improve Iowa's energy 13 27 independence by developing improved methods of energy 13 28 efficiency, or by increased development and use of Iowa's 13 29 renewable nonresource-depleting energy resources. The moneys 13 30 credited to the general fund of the state under section 13 31 556.18, subsection 3, shall be used for energy conservation 13 32 and alternative energy resource projects. The projects shall 13 33 be selectedby the directorand administered by the 13 34 department. Selection criteria for funded projects shall 13 35 include consideration of indirect restitution to those persons 14 1 in the state in the utility customer classes and the utility 14 2 service territories affected by unclaimed utility refunds or 14 3 deposits. 14 4 Moneys deposited into the general fund of the state under 14 5 sections 473.16, 476.51, and 556.18, subsection 3, are subject 14 6 to the requirements of section 8.60. 14 7 Sec. 21. Section 473.11, subsection 3, unnumbered 14 8 paragraph 1, Code 2003, is amended to read as follows: 14 9 An energy fund disbursement council is established. The 14 10 council shall be composed of the governor or the governor's 14 11 designee, the director of the department of management, who 14 12 shall serve as the council's chairperson, the administrator of 14 13 the division of community action agencies of the department of 14 14 human rights, the director of the department of economic 14 15 development or a designee of the director of the department of 14 16natural resourceseconomic development who is knowledgeable in 14 17 the field of energy conservation, and a designee of the 14 18 director of transportation who is knowledgeable in the field 14 19 of energy conservation. The council shall include as 14 20 nonvoting members two members of the senate appointed by the 14 21 president of the senate, after consultation with the majority 14 22 leader and the minority leader of the senate, and two members 14 23 of the house of representatives appointed by the speaker of 14 24 the house, after consultation with the majority leader and the 14 25 minority leader of the house. The legislative members shall 14 26 be appointed upon the convening and for the period of each 14 27 general assembly. Not more than one member from each house 14 28 shall be of the same political party. The council shall be 14 29 staffed by the department ofnatural resourceseconomic 14 30 development. The attorney general shall provide legal 14 31 assistance to the council. 14 32 Sec. 22. Section 473.11, subsection 3, paragraphs c and f, 14 33 Code 2003, are amended to read as follows: 14 34 c. Work with the department ofnatural resourceseconomic 14 35 development in adopting administrative rules necessary to 15 1 administer expenditures from the trust, encourage applications 15 2 for grants and loans, review and select proposals for the 15 3 funding of competitive grants and loans from the energy 15 4 conservation trust, and evaluate their comparative 15 5 effectiveness. 15 6 f. Prepare, in conjunction with the department ofnatural15 7resourceseconomic development, an annual report to the 15 8 governor and the general assembly regarding earnings of and 15 9 expenditures from the energy conservation trust. 15 10 Sec. 23. Section 473.11, subsections 4 and 7, Code 2003, 15 11 are amended to read as follows: 15 12 4. The director of the department ofnatural resources15 13 economic development or the director's designee shall be the 15 14 administrator of the energy conservation trust. The 15 15 administrator shall disburse moneys appropriated by the 15 16 general assembly from the funds in the trust in accordance 15 17 with the federal court orders, law and regulation, or 15 18 settlement conditions applying to the moneys in that fund, and 15 19 subject to the approval of the energy fund disbursement 15 20 council if such approval is required. The council, after 15 21 consultation with the attorney general, shall immediately 15 22 approve the disbursement of moneys from the funds in the trust 15 23 for projects which meet the federal court orders, law and 15 24 regulations, or settlement conditions which apply to that 15 25 fund. 15 26 7. On June 30, 2003, the energy fund disbursement council 15 27 established in subsection 3 shall be dissolved. At that time, 15 28 the department ofnatural resourceseconomic development shall 15 29 be responsible for the disbursement of any funds either 15 30 received or remaining in the energy conservation trust. These 15 31 disbursements shall be for projects and programs consistent 15 32 with the allowable uses for the energy conservation trust. 15 33 Also, at that time, and annually thereafter, the state 15 34 department of transportation shall report to the department of 15 35natural resourceseconomic development on the status of the 16 1 intermodal revolving loan fund established in the state 16 2 department of transportation. In the fiscal year beginning 16 3 July 1, 2019, the department ofnatural resourceseconomic 16 4 development shall assume responsibility for funds remaining in 16 5 the intermodal revolving loan fund and disburse them for 16 6 energy conservation projects and programs consistent with the 16 7 allowable uses for the energy conservation trust. 16 8 Sec. 24. Section 473.19, unnumbered paragraph 1, Code 16 9 2003, is amended to read as follows: 16 10 The energy bank program is established by the department of 16 11 economic development. The energy bank program consists of the 16 12 following forms of assistance for the state, state agencies, 16 13 political subdivisions of the state, school districts, area 16 14 education agencies, community colleges, and nonprofit 16 15 organizations: 16 16 Sec. 25. Section 473.20A, subsections 1 and 2, Code 2003, 16 17 are amended to read as follows: 16 18 1. The departmentof natural resourcesmay enter into 16 19 financing agreements with the state, state agencies, political 16 20 subdivisions of the state, school districts, area education 16 21 agencies, community colleges, or nonprofit organizations in 16 22 order to provide the financing to pay the costs of furnishing 16 23 energy conservation measures. The provisions of section 16 24 473.20 defining eligible energy conservation measures and the 16 25 method of repayment of the loans apply to financings under 16 26 this section. 16 27 The financing agreement may contain provisions, including 16 28 interest, term, and obligations to make payments on the 16 29 financing agreement beyond the current budget year, as may be 16 30 agreed upon between the departmentof natural resourcesand 16 31 the state, state agencies, political subdivisions of the 16 32 state, school districts, area education agencies, community 16 33 colleges, or nonprofit organizations. 16 34 2. For the purpose of funding its obligation to furnish 16 35 moneys under the financing agreements, or to fund the energy 17 1 loan fund created in section 473.20, the treasurer of state, 17 2 with the assistance of the departmentof natural resources, or 17 3 the treasurer of state's duly authorized agents or 17 4 representatives, may incur indebtedness or enter into master 17 5 lease agreements or other financing arrangements to borrow to 17 6 accomplish energy conservation measures, or the departmentof17 7natural resourcesmay enter into master lease agreements or 17 8 other financing arrangements to permit the state, state 17 9 agencies, political subdivisions of the state, school 17 10 districts, area education agencies, community colleges, or 17 11 nonprofit organizations to borrow sufficient funds to 17 12 accomplish the energy conservation measure. The obligations 17 13 may be in such form, for such term, bearing such interest and 17 14 containing such provisions as the departmentof natural17 15resources, with the assistance of the treasurer of state, 17 16 deems necessary or appropriate. Funds remaining after the 17 17 payment of all obligations have been redeemed shall be paid 17 18 into the energy loan fund. 17 19 Sec. 26. Section 473.40, Code 2003, is amended to read as 17 20 follows: 17 21 473.40 STATEWIDE BUILDING ENERGY EFFICIENCY RATING SYSTEM. 17 22 1. Thedirectorstate building code commissioner shall 17 23 adopt rules, pursuant to chapter 17A, establishing a statewide 17 24 building energy efficiency rating system. The rating system 17 25 shall apply to all new and existing public, commercial, 17 26 industrial, and residential buildings in the state.and shall17 27be established subject to the following schedule:17 28a. Ratings for new residential buildings by July 1, 1992.17 29b. Ratings for existing residential buildings by July 1,17 301993.17 31c. Ratings for new public buildings by July 1, 1994.17 32d. Ratings for existing public buildings by July 1, 1995.17 33e. Ratings for new commercial and industrial buildings by17 34July 1, 1995.17 35f. Ratings for existing commercial and industrial18 1buildings by July 1, 1995.18 2 Thedirectorstate building code commissioner shall adopt a 18 3 minimum acceptable energy efficiency standard for each class 18 4 of new buildings. 18 5 2. a. The energy efficiency rating shall be disclosed at 18 6 the request of the prospective purchaser according to the 18 7 terms of the offer to purchase. 18 8 b. The energy efficiency rating shall be disclosed to a 18 9 prospective lessee whose rent does not include energy cost 18 10 upon request. 18 11 c. The designer of a new residential or commercial 18 12 building shall state in writing to thedepartmentstate 18 13 building code commissioner that to the best of the person's 18 14 knowledge, information, and belief, the new building design is 18 15 in substantial compliance with the minimum energy efficiency 18 16 standards established by rule of thedepartmentstate building 18 17 code commissioner. 18 18 d. Concurrent with the disclosure of an energy efficiency 18 19 rating pursuant to paragraphs "a" through "c", the prospective 18 20 purchaser or lessee shall be provided with a copy of an 18 21 information brochure prepared by thedepartmentstate building 18 22 code commissioner which includes information relevant to that 18 23 class of building, including, but not limited to: 18 24 (1) How to analyze the building's energy efficiency 18 25 rating. 18 26 (2) Comparisons to statewide averages for new and existing 18 27 construction of that class. 18 28 (3) Notice to the prospective purchaser that the seller 18 29 must disclose a building's energy efficiency rating upon the 18 30 prospective purchaser's request. 18 31 (4) Information concerning methods to improve a building's 18 32 energy efficiency rating. 18 33 (5) A notice for residential buyers that qualifying income 18 34 for mortgage loan purposes may be affected by the energy 18 35 efficiency rating. 19 1 e. A new residential, commercial, or industrial building 19 2 shall not be hooked up or connected to any provider of 19 3 electricity, whether a regulated utility, rural electric 19 4 cooperative, municipal utility, or otherwise; or natural gas, 19 5 except liquid petroleum, unless the builder states in writing 19 6 to the utility that to the best of the builder's knowledge, 19 7 information, and belief, the building was built in accordance 19 8 with the construction documents. 19 9 f. Each public building proposed for construction, 19 10 renovation, or acquisition shall be rated pursuant to the 19 11 energy efficiency rating system provided in subsection 1 prior 19 12 to contracting for the construction, renovation, or 19 13 acquisition. The public body proposing to contract for 19 14 construction, renovation, or acquisition for a public building 19 15 shall consider the energy efficiency ratings of alternatives 19 16 when contracting. 19 17 3. The energy efficiency rating system adopted by the 19 18departmentstate building code commissioner shall provide a 19 19 means of analyzing and comparing the relative energy 19 20 efficiency of buildings upon sale or lease of new or existing 19 21 residential, commercial, or industrial buildings. The system 19 22 shall provide for rating each public building in existence to 19 23 assist public officials in decision making with regard to 19 24 capital improvements and public energy costs. 19 25 4. Thedirectorstate building code commissioner shall 19 26 establish a voluntary working group of persons and interest 19 27 groups interested in the energy efficiency rating system or 19 28 energy efficiency, including, but not limited to such persons 19 29 as electrical engineers, mechanical engineers, architects, and 19 30 builders. The interest group shall advise thedepartment19 31 state building code commissioner in the development of the 19 32 energy efficiency rating system and shall assist the 19 33departmentstate building code commissioner in implementation 19 34 of the rating system by coordinating education programs for 19 35 designers, builders, businesses, and other interested persons 20 1 to assist compliance and to facilitate incorporation of the 20 2 rating system into existing practices. The intent of the 20 3 general assembly is to encourage the consideration of the 20 4 energy efficiency rating system in the market, so as to 20 5 provide market rewards for energy efficient buildings and 20 6 those designing, building, or selling energy efficient 20 7 buildings. 20 85. All public buildings shall be analyzed for energy20 9efficiency using this rating system by July 1, 1996. The20 10results of that analysis shall be submitted to the department20 11by August 1, 1996. The department shall submit a report to20 12the governor and general assembly by January 15, 1997, that20 13analyzes the results of this evaluation of public buildings20 14and includes recommendations. The results of the analysis of20 15each building shall be submitted to the public agency or20 16governmental subdivision which owns or operates that building20 17as well.20 186.5. Thedirectorstate building code commissioner shall 20 19 make available energy efficiency practices information to be 20 20 used by individuals involved in the design, construction, 20 21 retrofitting, and maintenance of buildings for state and local 20 22 governments. 20 237.6. For purposes of this section: 20 24 a. "Builder" means the prime contractor that hires and 20 25 coordinates building subcontractors or if there is no prime, 20 26 the contractor that completes more than fifty percent of the 20 27 total construction work performed on the building. 20 28 Construction work includes, but is not limited to, foundation, 20 29 framing, wiring, plumbing, and finishing work. 20 30 b. "Designer" means the architect, engineer, landscape 20 31 architect, builder, interior designer or other person who 20 32 performs the actual design work or under whose direct 20 33 supervision and responsible charge the construction documents 20 34 are prepared. 20 35 c. "Public building" means a building owned or operated by 21 1 the state, a state agency, or a governmental subdivision, 21 2 including but not limited to a city, county, or school 21 3 district. 21 48.7. Thedirectorstate building code commissioner may 21 5 report an architect, professional engineer, or landscape 21 6 architect to the appropriate examining board if thedirector21 7 state building code commissioner believes the person has 21 8 engaged in fraudulent conduct in connection with an energy 21 9 efficiency rating for a building. Thedirectorstate building 21 10 code commissioner may report a builder to the division of 21 11 labor, bureau of contractor registration, if thedirector21 12 state building code commissioner believes the builder has 21 13 engaged in fraudulent conduct in connection with an energy 21 14 efficiency rating for a building. 21 15 Sec. 27. Section 473.44, subsection 1, Code 2003, is 21 16 amended to read as follows: 21 17 1. Thedepartmentstate building code commissioner shall 21 18 adopt ruleswhichthat prescribe water use standards for each 21 19 product classified as a covered product under this section. 21 20 The standards adopted shall be designed to achieve the maximum 21 21 efficiency of water usewhichthat thedepartmentstate 21 22 building code commissioner determines is technologically and 21 23 economically feasible. Thedepartmentstate building code 21 24 commissioner shall consult withthe state building code21 25commissioner,the Iowa department of public health,and the 21 26 plumbing manufacturers' institute, and shall review all 21 27 applicable provisions under chapter 103A and chapter 135 in 21 28 establishing the standards. 21 29 Sec. 28. Section 476.6, subsection 19, paragraph b, Code 21 30 2003, is amended to read as follows: 21 31 b. A gas and electric utility required to be rate- 21 32 regulated under this chapter shall assess potential energy and 21 33 capacity savings available from actual and projected customer 21 34 usage by applying commercially available technology and 21 35 improved operating practices to energy-using equipment and 22 1 buildings. The utility shall submit the assessment to the 22 2 board. Upon receipt of the assessment, the board shall 22 3 consult with the department ofnatural resourceseconomic 22 4 development to develop specific capacity and energy savings 22 5 performance standards for each utility. The utility shall 22 6 submit an energy efficiency plan which shall include 22 7 economically achievable programs designed to attain these 22 8 energy and capacity performance standards. 22 9 Sec. 29. Section 476.44, Code 2003, is amended by adding 22 10 the following new subsection: 22 11 NEW SUBSECTION. 3. An electric utility subject to this 22 12 division may elect to own an alternate energy production 22 13 facility or a small hydro facility in Iowa rather than 22 14 purchase or wheel electricity in order to comply with the 22 15 requirements of section 476.43 and this section. 22 16 Sec. 30. Section 476.63, Code 2003, is amended to read as 22 17 follows: 22 18 476.63 ENERGY EFFICIENCY PROGRAMS. 22 19 The division shall consult with the department ofnatural22 20resourceseconomic development in the development and 22 21 implementation of public utility energy efficiency programs. 22 22 Sec. 31. Section 564A.9, Code 2003, is amended to read as 22 23 follows: 22 24 564A.9 ASSISTANCE TO LOCAL GOVERNMENT BODIES AND THE 22 25 PUBLIC. 22 26 The department ofnatural resourceseconomic development 22 27 shall make available information and guidelines to assist 22 28 local government bodies and the public to understand and use 22 29 the provisions of this chapter. The information and 22 30 guidelines shall include an application form for a solar 22 31 access easement, instructions and aids for preparing and 22 32 recording solar access easements and model ordinances that 22 33 promote reasonable access to solar energy. 22 34 Sec. 32. Sections 473.12, 473.13, 473.13A, 473.15, 473.17, 22 35 and 473.42, Code 2003, are repealed. 23 1 EXPLANATION 23 2 This bill relates to energy, primarily by reassignment of 23 3 responsibilities of the energy bureau of the department of 23 4 natural resources to the department of economic development. 23 5 The bill allows public electric utilities to own alternate 23 6 energy production facilities or small hydro facilities to 23 7 satisfy their obligation for renewable energy under Code 23 8 sections 476.43 and 476.44. 23 9 The bill reassigns the responsibilities of the energy 23 10 bureau of the department of natural resources and removes 23 11 authority over Code chapter 473 from the department of natural 23 12 resources. Most of the energy responsibilities under Code 23 13 chapter 473 are reassigned to the department of economic 23 14 development, and appropriate changes are made to that effect 23 15 throughout Code chapter 473. 23 16 Certain emergency energy functions in Code sections 473.8 23 17 and 473.10 are assigned to the emergency management division 23 18 of the department of public defense. Duties regarding monthly 23 19 fuel price surveys and sharing of information regarding fuel 23 20 allocation are assigned to the department of agriculture and 23 21 land stewardship under new Code section 473.7A, moved from 23 22 former subsections of Code section 473.7. The state building 23 23 code commissioner is reassigned responsibility for building 23 24 efficiency rating systems under Code section 473.40, exit 23 25 signs under Code section 473.42, and efficient plumbing 23 26 products under Code section 473.44. 23 27 LSB 1969HC 80 23 28 jj/cl/14
Text: HSB00110 Text: HSB00112 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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