House File 2216 - Introduced HOUSE FILE 2216 BY RANTS A BILL FOR An Act repealing provisions establishing the office of energy 1 independence and the Iowa power fund, transferring specified 2 functions to the department of natural resources, making 3 conforming changes, providing transition provisions, and 4 including effective date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5168YH (6) 83 rn/sc

H.F. 2216 Section 1. Section 7E.5, subsection 1, paragraph q, Code 1 Supplement 2009, is amended to read as follows: 2 q. The department of natural resources, created in section 3 455A.2, which has primary responsibility for state parks and 4 forests, protecting the environment, and managing energy, fish, 5 wildlife, and land and water resources. 6 Sec. 2. Section 11.5B, subsection 15, Code 2009, is amended 7 by striking the subsection. 8 Sec. 3. Section 15H.6, subsection 1, Code Supplement 2009, 9 is amended to read as follows: 10 1. The Iowa commission on volunteer service, in 11 collaboration with the department of natural resources, the 12 department of workforce development, the office of energy 13 independence, and the utilities board of the department of 14 commerce, shall establish an Iowa green corps program. The 15 commission shall work with the collaborating agencies and 16 nonprofit agencies in developing a strategy for attracting 17 additional financial resources for the program from other 18 sources which may include but are not limited to utilities, 19 private sector, and local, state, and federal government 20 funding sources. The financial resources received shall be 21 credited to the community programs account created pursuant to 22 section 15H.5. 23 Sec. 4. Section 22.7, subsection 60, Code Supplement 2009, 24 is amended by striking the subsection. 25 Sec. 5. Section 103A.8B, Code 2009, is amended to read as 26 follows: 27 103A.8B Sustainable design or green building standards. 28 The commissioner, after consulting with and receiving 29 recommendations from the department of natural resources 30 and the office of energy independence , shall adopt rules 31 pursuant to chapter 17A specifying standards and requirements 32 for sustainable design and construction based upon or 33 incorporating nationally recognized ratings, certifications, 34 or classification systems, and procedures relating to 35 -1- LSB 5168YH (6) 83 rn/sc 1/ 5

H.F. 2216 documentation of compliance. The standards and requirements 1 shall be incorporated into the state building code established 2 in section 103A.7, but in lieu of general applicability shall 3 apply to construction projects only if such applicability is 4 expressly authorized by statute, or as established by another 5 state agency by rule. 6 Sec. 6. Section 268.6, subsection 2, Code Supplement 2009, 7 is amended to read as follows: 8 2. The university is encouraged to cooperate with 9 agricultural and energy efficiency advocates and governmental 10 entities in administering the program , including the office of 11 energy independence established pursuant to section 469.2 . 12 Sec. 7. Section 455A.2, Code Supplement 2009, is amended to 13 read as follows: 14 455A.2 Department of natural resources. 15 A department of natural resources is created, which has the 16 primary responsibility for state parks and forests, protecting 17 the environment, and managing energy, fish, wildlife, and land 18 and water resources in this state. 19 Sec. 8. Section 455B.851, subsection 2, paragraph a, 20 subparagraph (17), Code 2009, is amended by striking the 21 subparagraph. 22 Sec. 9. Section 470.1, Code Supplement 2009, is amended by 23 adding the following new subsection: 24 NEW SUBSECTION . 1A. “Department” means the department of 25 natural resources. 26 Sec. 10. Section 470.1, subsection 2, Code Supplement 2009, 27 is amended to read as follows: 28 2. “Director” means the director of the office of energy 29 independence department of natural resources . 30 Sec. 11. Section 470.1, subsection 8, Code Supplement 2009, 31 is amended by striking the subsection. 32 Sec. 12. Section 473.1, Code Supplement 2009, is amended by 33 adding the following new subsection: 34 NEW SUBSECTION . 2A. “Department” means the department of 35 -2- LSB 5168YH (6) 83 rn/sc 2/ 5

H.F. 2216 natural resources. 1 Sec. 13. Section 473.1, subsection 3, Code Supplement 2009, 2 is amended to read as follows: 3 3. “Director” means the director of the office department or 4 a designee. 5 Sec. 14. Section 473.1, subsection 5, Code Supplement 2009, 6 is amended by striking the subsection. 7 Sec. 15. REPEAL. Chapter 469, Code 2009, is repealed. 8 Sec. 16. REPEAL. Chapter 469, Code Supplement 2009, is 9 repealed. 10 Sec. 17. CODE EDITOR DIRECTIVE. 11 1. The Code editor is directed to change the words “office 12 of energy independence” to “department of natural resources” 13 in Code sections 7D.34, 7D.35, 8A.362, 72.5, 103A.8, 103A.27, 14 159A.3, 159A.4, 159A.6B, 266.39C, 272C.2, 279.44, 323A.2, 15 441.21, 476.6, and 476.63. 16 2. The Code editor is directed to change the word “office” 17 to “department” in Code sections 470.3, 470.7, 473.7, 473.8, 18 473.10, 473.13A, 473.15, 473.19, 473.19A, 473.20, 473.20A, and 19 473.41. 20 Sec. 18. TRANSITION PROVISIONS —— CONTINUATION OF GRANTS. 21 1. Any moneys remaining in any account or fund under the 22 control of the office of energy independence on the effective 23 date of this Act relative to the provisions of this Act 24 shall be transferred to a comparable fund or account under 25 the control of the department of natural resources for such 26 purposes. Notwithstanding section 8.33, the moneys transferred 27 in accordance with this subsection shall not revert to the 28 account or fund from which appropriated or transferred. 29 2. Any license, permit, or contract issued or entered into 30 by the office of energy independence relative to the provisions 31 of this Act in effect on the effective date of this Act shall 32 continue in full force and effect pending transfer of such 33 licenses, permits, or contracts to the department of natural 34 resources. 35 -3- LSB 5168YH (6) 83 rn/sc 3/ 5

H.F. 2216 3. Grants or loans awarded from the Iowa power fund pursuant 1 to section 469.9 prior to the effective date of this Act shall 2 continue as provided by the terms of the grants or loans and 3 shall be administered by the department of natural resources. 4 4. Federal funds utilized by the director of the office of 5 energy independence prior to the effective date of this Act to 6 employ personnel necessary to administer the provisions of this 7 Act shall be applicable to the transfer of such personnel from 8 the office of energy independence to the department of natural 9 resources. 10 Sec. 19. TRANSITION PROVISIONS —— EMERGENCY 11 RULEMAKING. Not later than July 1, 2010, the department of 12 natural resources shall adopt administrative rules previously 13 adopted by the office of energy independence relative to the 14 provisions of this Act in existence on the effective date of 15 this Act by emergency rulemaking pursuant to section 17A.4, 16 subsection 3, and section 17A.5, subsection 2, paragraph “b” . 17 The rules shall be effective immediately upon filing unless 18 a later date is specified in the rules. Any rules adopted 19 in accordance with this section shall also be published as a 20 notice of intended action as provided in section 17A.4. Any 21 rule, regulation, form, order, or directive promulgated by the 22 office relative to the provisions of this Act shall continue in 23 full force and effect until such emergency rules are adopted. 24 Sec. 20. EFFECTIVE UPON ENACTMENT. The section of this Act 25 providing for emergency rulemaking, being deemed of immediate 26 importance, takes effect upon enactment. 27 EXPLANATION 28 This bill repeals Code chapter 469, which provides for 29 the establishment and administration of the office of energy 30 independence, the Iowa power fund, and related renewable energy 31 and energy efficiency projects, effective July 1, 2010. The 32 bill makes a number of conforming changes deleting references 33 to the office of energy independence and the Iowa power fund, 34 and changing administration of specified energy-efficiency 35 -4- LSB 5168YH (6) 83 rn/sc 4/ 5

H.F. 2216 related functions transferred to the office from the department 1 of natural resources during the 2009 Legislative Session back 2 to the department. 3 The bill provides transition provisions regarding the 4 transfer of moneys retained in any account or fund under the 5 control of the office of energy independence on the bill’s 6 effective date to the department, the continuation of any 7 license, permit, or contract issued or entered into by the 8 office relative to the bill’s provisions in effect on the 9 bill’s effective date pending their transfer to the department, 10 and the continuation of grants or loans awarded from the Iowa 11 power fund prior to the bill’s effective date. Transition 12 provisions are also included relating to the transfer of 13 federal funds being utilized by the director of the office 14 prior to the bill’s effective date to employ personnel 15 necessary to administer the provisions of the bill to the 16 department and relating to emergency rulemaking. 17 The section of the bill relating to emergency rulemaking 18 takes effect upon enactment and directs the department to adopt 19 rules previously adopted by the office relative to the bill’s 20 provisions by July 1, 2010. 21 -5- LSB 5168YH (6) 83 rn/sc 5/ 5