H-8199

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

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LATHAM of Franklin