Senate File 2289 H-8199 Amend Senate File 2289, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. Page 6, after line 33 by inserting: 3 < 4. Promulgate rules necessary to carry out the provisions 4 of this chapter, subject to review in accordance with 5 chapter 17A. Rules promulgated by the governor pursuant to a 6 proclamation issued under section 473.8 shall not be subject 7 to review or a public hearing as required in chapter 17A; 8 however, authority rules for implementation of the governor’s 9 proclamation are subject to the requirements of chapter 17A. > 10 2. Page 7, after line 9 by inserting: 11 < Sec. ___. Section 473.8, subsection 1, Code 2024, is 12 amended to read as follows: 13 1. If the authority by resolution determines director 14 makes a determination the health, safety, or welfare of the 15 people of this state is threatened by an actual or impending 16 acute shortage of usable energy, it shall transmit the 17 resolution the director shall provide the determination to 18 the governor together with its recommendation the director’s 19 recommendations on the declaration of an emergency by the 20 governor and recommended actions, if any, to be undertaken. 21 Within thirty days of the date of the resolution determination 22 by the director , the governor may issue a proclamation of 23 emergency which shall be filed with the secretary of state. 24 The proclamation shall state the facts relied upon and the 25 reasons for the proclamation. 26 Sec. ___. Section 473.8, subsection 2, paragraph a, 27 subparagraph (6), Code 2024, is amended to read as follows: 28 (6) Accept the delegation of the authority for other 29 mandatory measures as allowed by under the federal Emergency 30 Energy Conservation Act of 1979, Pub. L. No. 96-102 , as 31 amended . 32 Sec. ___. Section 473.10, Code 2024, is amended to read as 33 follows: 34 473.10 Reserve required. 35 -1- SF 2289.3636 (2) 90 jm/ko 1/ 2 #1. #2.
1. If the authority director or the governor finds that 1 an impending or actual shortage or distribution imbalance of 2 liquid fossil fuels may cause hardship or pose a threat to the 3 health and economic well-being of the people of the state or a 4 significant segment of the state’s population, the authority 5 or the governor may authorize the director to operate a liquid 6 fossil fuel set-aside program as provided in subsection 2 . 7 2. Upon authorization by the authority or the governor 8 the director may require a prime supplier to reserve a 9 specified fraction of the prime supplier’s projected total 10 monthly release of liquid fossil fuel in Iowa. The director 11 may release any or all of the fuel required to be reserved 12 by a prime supplier to end-users or to distributors for 13 release through normal retail distribution channels to retail 14 customers. However, the specified fraction required to be 15 reserved shall not exceed three percent for propane, aviation 16 fuel and residual oil, and five percent for motor gasoline, 17 heating oil, and diesel oil. 18 3. The authority director shall periodically review and 19 may terminate the operation of a set-aside program authorized 20 by the authority director under subsection 1 when the 21 authority director finds that the conditions that prompted the 22 authorization no longer exist. The governor shall periodically 23 review and may terminate the operation of a set-aside program 24 authorized by the governor under subsection 1 when the governor 25 finds that the conditions that prompted the authorization no 26 longer exist. 27 4. The authority shall adopt rules to implement this 28 section . > 29 3. Page 7, line 10, after < Sections > by inserting < 473.7, > 30 ______________________________ LATHAM of Franklin -2- SF 2289.3636 (2) 90 jm/ko 2/ 2 #3.