Senate Study Bill 1262 



                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED OFFICE OF
                                            ENERGY INDEPENDENCE
                                            BILL)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the operation and purview of the office of
  2    energy independence, by transferring authority over specified
  3    energy=related measures and programs from the department of
  4    natural resources to the office of energy independence, and
  5    providing transition provisions relating to the transfer of
  6    authority.
  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  8 TLSB 1302DP 83
  9 rn/nh/14

PAG LIN



  1  1    Section 1.  Section 7D.34, subsection 2, paragraphs b and
  1  2 c, Code 2009, are amended to read as follows:
  1  3    b.  Before a state agency seeks approval of the executive
  1  4 council for leasing real or personal properties or facilities
  1  5 for use as or in connection with any energy conservation
  1  6 measure, the state agency shall have a comprehensive
  1  7 engineering analysis done on a building in which it seeks to
  1  8 improve the energy efficiency by an engineering firm approved
  1  9 by the department of natural resources office of energy
  1 10 independence through a competitive selection process and the
  1 11 engineering firm is subject to approval of the executive
  1 12 council.  Provisions of this section shall only apply to
  1 13 energy conservation measures identified in the comprehensive
  1 14 engineering analysis.
  1 15    c.  Before the executive council gives its approval for a
  1 16 state agency to lease real and personal properties or
  1 17 facilities for use as or in connection with any energy
  1 18 conservation measure, the executive council shall in
  1 19 conjunction with the department of natural resources office of
  1 20 energy independence and after review of the engineering
  1 21 analysis submitted by the state agency make a determination
  1 22 that the properties or facilities will result in energy cost
  1 23 savings to the state in an amount that results in the state
  1 24 recovering the cost of the properties or facilities within six
  1 25 years after the initial acquisition of the properties or
  1 26 facilities.
  1 27    Sec. 2.  Section 7D.35, Code 2009, is amended to read as
  1 28 follows:
  1 29    7D.35  DISPUTE RESOLUTION.
  1 30    The executive council shall resolve any disputes
  1 31 transmitted to it by the department of natural resources
  1 32 office of energy independence, the state building code
  1 33 commissioner, or both, arising under section 470.7.
  1 34    Sec. 3.  Section 7E.5, subsection 1, paragraph q, Code
  1 35 2009, is amended to read as follows:
  2  1    q.  The department of natural resources, created in section
  2  2 455A.2, which has primary responsibility for state parks and
  2  3 forests, protecting the environment, and managing energy,
  2  4 fish, wildlife, and land and water resources.
  2  5    Sec. 4.  Section 8A.362, subsection 4, paragraph c, Code
  2  6 2009, is amended to read as follows:
  2  7    c.  Not later than June 15 of each year, the director shall
  2  8 report compliance with the corporate average fuel economy
  2  9 standards published by the United States secretary of
  2 10 transportation for new motor vehicles, other than motor
  2 11 vehicles purchased by the state department of transportation,
  2 12 institutions under the control of the state board of regents,
  2 13 the department for the blind, and any other state agency
  2 14 exempted from the requirements of this subsection.  The report
  2 15 of compliance shall classify the vehicles purchased for the
  2 16 current vehicle model year using the following categories:
  2 17 passenger automobiles, enforcement automobiles, vans, and
  2 18 light trucks.  The director shall deliver a copy of the report
  2 19 to the department of natural resources office of energy
  2 20 independence.  As used in this paragraph, "corporate average
  2 21 fuel economy" means the corporate average fuel economy as
  2 22 defined in 49 C.F.R. } 533.5.
  2 23    Sec. 5.  Section 72.5, subsection 2, Code 2009, is amended
  2 24 to read as follows:
  2 25    2.  The director of the department of natural resources
  2 26 office of energy independence in consultation with the
  2 27 department of management, state building code commissioner,
  2 28 and state fire marshal, shall develop standards and methods to
  2 29 evaluate design development documents and construction
  2 30 documents based upon life cycle cost factors to facilitate
  2 31 fair and uniform comparisons between design proposals and
  2 32 informed decision making by public bodies.
  2 33    Sec. 6.  Section 103A.8, subsection 7, Code 2009, is
  2 34 amended to read as follows:
  2 35    7.  Limit the application of thermal efficiency standards
  3  1 for energy conservation to construction of buildings which are
  3  2 heated or cooled.  Air exchange fans designed to provide
  3  3 ventilation shall not be considered a cooling system.  The
  3  4 commissioner shall exempt any construction from any thermal
  3  5 efficiency standard for energy conservation if the
  3  6 commissioner determines that the standard is unreasonable as
  3  7 it would apply to a particular building or class of buildings.
  3  8 No standard adopted by the commissioner for energy
  3  9 conservation in construction shall be interpreted to require
  3 10 the replacement or modification of any existing equipment or
  3 11 feature solely to ensure compliance with requirements for
  3 12 energy conservation in construction.  Lighting efficiency
  3 13 standards shall recognize variations in lighting intensities
  3 14 required for the various tasks performed within the building.
  3 15 The commissioner shall consult with the department of natural
  3 16 resources office of energy independence regarding standards
  3 17 for energy conservation prior to the adoption of the
  3 18 standards.  However, the standards shall be consistent with
  3 19 section 103A.8A.
  3 20    Sec. 7.  Section 103A.27, subsection 4, Code 2009, is
  3 21 amended to read as follows:
  3 22    4.  The commission shall be formed for the two=year period
  3 23 beginning July 1, 2008, and ending June 30, 2010, and shall
  3 24 submit a report to the governor and the general assembly by
  3 25 January 1, 2011, regarding its activities and recommendations.
  3 26 Administrative support shall be furnished by the department of
  3 27 public safety, with the assistance of the office of energy
  3 28 independence and the department of natural resources.
  3 29    Sec. 8.  Section 159A.3, subsection 4, Code 2009, is
  3 30 amended to read as follows:
  3 31    4.  The office and state entities, including the
  3 32 department, the committee, the Iowa department of economic
  3 33 development, the state department of transportation, the
  3 34 department of natural resources office of energy independence,
  3 35 and the state board of regents institutions, shall cooperate
  4  1 to implement this section.
  4  2    Sec. 9.  Section 159A.4, subsection 1, paragraph d, Code
  4  3 2009, is amended to read as follows:
  4  4    d.  The director of the department of natural resources
  4  5 office of energy independence, or a person designated by the
  4  6 director, representing the department of natural resources
  4  7 office of energy independence.
  4  8    Sec. 10.  Section 159A.4, subsection 1, unnumbered
  4  9 paragraph 2, Code 2009, is amended to read as follows:
  4 10    The governor shall appoint persons who shall be confirmed
  4 11 by the senate, pursuant to section 2.32, to serve as voting
  4 12 members of the committee.  However, the secretary of
  4 13 agriculture shall appoint the person representing the
  4 14 department of agriculture and land stewardship, the director
  4 15 of the Iowa department of economic development shall appoint
  4 16 the person representing that department, the director of the
  4 17 state department of transportation shall appoint the person
  4 18 representing that department, and the director of the
  4 19 department of natural resources office of energy independence
  4 20 shall appoint the person representing that department the
  4 21 office.  The governor may make appointments of persons
  4 22 representing organizations listed under paragraphs "g" through
  4 23 "i" from a list of candidates which shall be provided by the
  4 24 organization upon request by the governor.
  4 25    Sec. 11.  Section 159A.6B, unnumbered paragraph 2, Code
  4 26 2009, is amended to read as follows:
  4 27    The office may execute contracts in order to provide
  4 28 technical support and outreach services for purposes of
  4 29 assisting and educating interested persons as provided in this
  4 30 section.  The office may also contract with a consultant to
  4 31 provide part or all of these services.  The office may require
  4 32 that a person receiving assistance pursuant to this section
  4 33 contribute up to fifty percent of the amount required to
  4 34 support the costs of contracting with the consultant to
  4 35 provide assistance to the person.  The office shall assist the
  5  1 person in completing any technical information required in
  5  2 order to receive assistance by the department of economic
  5  3 development pursuant to the value=added agricultural products
  5  4 and processes financial assistance program created pursuant to
  5  5 section 15E.111.  The office shall cooperate with the
  5  6 department of economic development, the department of natural
  5  7 resources office of energy independence, and regents
  5  8 institutions or other universities and colleges as provided in
  5  9 section 15E.111, in order to carry out this section.
  5 10    Sec. 12.  Section 214A.19, subsection 1, Code 2009, is
  5 11 amended to read as follows:
  5 12    1.  The department of natural resources office of energy
  5 13 independence, conditioned upon the availability of funds, is
  5 14 authorized to award demonstration grants to persons who
  5 15 purchase vehicles which operate on alternative fuels,
  5 16 including but not limited to E=85 gasoline, biodiesel,
  5 17 compressed natural gas, electricity, solar energy, or
  5 18 hydrogen.  A grant shall be for the purpose of conducting
  5 19 research connected with the fuel or the vehicle, and not for
  5 20 the purchase of the vehicle itself, except that the money may
  5 21 be used for the purchase of the vehicle if all of the
  5 22 following conditions are satisfied:
  5 23    a.  The department office retains the title to the vehicle.
  5 24    b.  The vehicle is used for continuing research.
  5 25    c.  If the vehicle is sold or when the research related to
  5 26 the vehicle is completed, the proceeds of the sale of the
  5 27 vehicle shall be used for additional research.
  5 28    Sec. 13.  Section 266.39C, subsection 2, paragraph a,
  5 29 subparagraph (6), Code 2009, is amended to read as follows:
  5 30    (6)  One representative of the department of natural
  5 31 resources office of energy independence, appointed by the
  5 32 director.
  5 33    Sec. 14.  Section 272C.2, subsection 3, Code 2009, is
  5 34 amended to read as follows:
  5 35    3.  The state board of engineering and land surveyors, the
  6  1 board of architectural examiners, the board of landscape
  6  2 architectural examiners, and the department of natural
  6  3 resources office of energy independence shall cooperate with
  6  4 each other and with persons who typically offer continuing
  6  5 education courses for design professionals to make available
  6  6 energy efficiency related continuing education courses, and to
  6  7 encourage interdisciplinary cooperation and education
  6  8 concerning available energy efficiency strategies for
  6  9 employment in the state's construction industry.
  6 10    Sec. 15.  Section 279.44, unnumbered paragraph 1, Code
  6 11 2009, is amended to read as follows:
  6 12    Between July 1, 1986 and June 30, 1991, and on a staggered
  6 13 annual basis each five years thereafter, the board of
  6 14 directors of each school district shall file with the
  6 15 department of natural resources office of energy independence,
  6 16 on forms prescribed by the department of natural resources
  6 17 office, the results of an energy audit of the buildings owned
  6 18 and leased by the school district.  The energy audit shall be
  6 19 conducted under rules adopted by the department of natural
  6 20 resources office pursuant to chapter 17A.  The department of
  6 21 natural resources office may waive the requirement for the
  6 22 initial and subsequent energy audits for school districts that
  6 23 submit evidence that energy audits were conducted prior to
  6 24 January 1, 1987 and energy consumption for the district is at
  6 25 an adjusted statewide average or below.
  6 26    Sec. 16.  Section 323A.2, subsection 1, paragraph c, Code
  6 27 2009, is amended to read as follows:
  6 28    c.  The director of the department of natural resources
  6 29 office of energy independence determines that the franchisee
  6 30 has demonstrated that a special hardship exists in the
  6 31 community served by the franchisee relating to the public
  6 32 health, safety, and welfare, as specified under the rules of
  6 33 the department of natural resources office.
  6 34    Sec. 17.  Section 441.21, subsection 8, paragraph c,
  6 35 subparagraph (2), unnumbered paragraph 2, Code 2009, is
  7  1 amended to read as follows:
  7  2    In assessing and valuing the property for tax purposes, the
  7  3 assessor shall disregard any market value added by a solar
  7  4 energy system to a building.  The director of revenue shall
  7  5 adopt rules, after consultation with the department of natural
  7  6 resources office of energy independence, specifying the types
  7  7 of equipment and structural components to be included under
  7  8 the guidelines provided in this subsection.
  7  9    Sec. 18.  Section 455A.2, Code 2009, is amended to read as
  7 10 follows:
  7 11    455A.2  DEPARTMENT OF NATURAL RESOURCES.
  7 12    A department of natural resources is created, which has the
  7 13 primary responsibility for state parks and forests, protecting
  7 14 the environment, and managing energy, fish, wildlife, and land
  7 15 and water resources in this state.
  7 16    Sec. 19.  Section 469.3, subsection 2, Code 2009, is
  7 17 amended to read as follows:
  7 18    2.  The director shall do all of the following:
  7 19    a.  Direct the office of energy independence.
  7 20    b.  Coordinate the administration of the Iowa power fund.
  7 21    c.  Lead outreach and public education efforts concerning
  7 22 renewable energy, renewable fuels, and energy efficiency.
  7 23    d.  Pursue new research and investment funds from federal
  7 24 and private sources.
  7 25    e.  Coordinate and monitor all existing state and federal
  7 26 renewable energy, renewable fuels, and energy efficiency
  7 27 grants, programs, and policy.
  7 28    f.  Advise the governor and general assembly concerning
  7 29 renewable energy, renewable fuels, and energy efficiency
  7 30 policy and legislation.
  7 31    g.  Establish performance measures for determining
  7 32 effectiveness of renewable energy, renewable fuels, and energy
  7 33 efficiency efforts.
  7 34    h.  Contract for and utilize assistance from the department
  7 35 of economic development regarding administration of grants,
  8  1 loans, and other financial incentives related to section
  8  2 469.9, subsection 4, paragraph "a", subparagraph (1), the
  8  3 department of natural resources and the utilities board
  8  4 regarding assistance in the administration of grants, loans,
  8  5 and other financial incentives related to section 469.9,
  8  6 subsection 4, paragraph "a", subparagraph (2), and other state
  8  7 agencies as appropriate.
  8  8    i.  Develop an Iowa energy independence plan pursuant to
  8  9 section 469.4.
  8 10    j.  Approve engineering firms for performance of
  8 11 comprehensive engineering analyses done on buildings in which
  8 12 a state agency seeks to improve energy efficiency pursuant to
  8 13 section 7D.34.
  8 14    k.  Develop standards and methods to evaluate design
  8 15 development and construction documents based on life cycle
  8 16 cost factors in relation to design proposals submitted
  8 17 pursuant to section 72.5.
  8 18    l.  Coordinate with other state agencies regarding
  8 19 implementation of the office of renewable fuels and coproducts
  8 20 pursuant to section 159A.3, serve on the renewable fuels and
  8 21 coproducts advisory committee, and assist in providing
  8 22 technical assistance to new or existing renewable fuel
  8 23 production facilities.
  8 24    m.  Award demonstration grants for alternative fuels
  8 25 research pursuant to section 214A.19.
  8 26    n.  Appoint a representative to serve on the Iowa energy
  8 27 center advisory council established in section 266.39C.
  8 28    o.  Make available energy efficiency related continuing
  8 29 education courses pursuant to section 272C.2.
  8 30    p.  Receive results relating to energy audits from school
  8 31 districts and perform related functions pursuant to section
  8 32 279.44.
  8 33    q.  Determine whether special hardship criteria has been
  8 34 demonstrated regarding franchise alternative fuel purchases
  8 35 pursuant to section 323A.2.
  9  1    r.  Consult with the state building code commissioner
  9  2 regarding submissions of life cycle cost analyses pursuant to
  9  3 section 470.7.
  9  4    s.  Compile energy=related information, administer and
  9  5 coordinate the state building energy management program, and
  9  6 perform additional responsibilities specified in section
  9  7 473.7.
  9  8    t.  Transmit by resolution to the governor a determination
  9  9 of actual or impending acute usable energy shortage pursuant
  9 10 to section 473.8.
  9 11    u.  Operate a liquid fossil fuel set=aside program as
  9 12 required in section 473.10.
  9 13    v.  Administer the building energy management program, the
  9 14 building energy management fund, and the energy loan program
  9 15 established in sections 473.19, 473.19A, and 473.20,
  9 16 respectively.
  9 17    w.  Coordinate the energy city designation program created
  9 18 in section 473.41.
  9 19    x.  Provide assistance to local government bodies and the
  9 20 public regarding access to solar energy pursuant to section
  9 21 564A.9.
  9 22    j.  y.  Submit an annual report to the governor and general
  9 23 assembly by November 1 of each year concerning the activities
  9 24 and programs of the office, Iowa power fund, and other
  9 25 departments related to renewable energy, renewable fuels, and
  9 26 energy efficiency.  The report shall include an assessment of
  9 27 needs with respect to renewable energy, renewable fuels, and
  9 28 energy efficiency efforts and policy and fiscal
  9 29 recommendations for renewable energy, renewable fuels, and
  9 30 energy efficiency.  In addition, the director shall review
  9 31 issues relating to the transportation of biofuels and explore
  9 32 leading and participating in multistate efforts relating to
  9 33 renewable energy and energy efficiency.
  9 34    k.  z.  Adopt rules pursuant to chapter 17A concerning the
  9 35 office, the Iowa power fund, and the programs and functions of
 10  1 the office and the fund.
 10  2    Sec. 20.  Section 469.4, subsection 1, Code 2009, is
 10  3 amended to read as follows:
 10  4    1.  The director shall develop an Iowa energy independence
 10  5 plan with the assistance of the department of natural
 10  6 resources as provided in section 473.7, and in association
 10  7 with public and private partners selected by the director
 10  8 including representatives of the energy industry,
 10  9 environmental interests, agricultural interests, business
 10 10 interests, other interested parties, and members of the
 10 11 general public.  The plan shall be subject to approval by the
 10 12 board.
 10 13    Sec. 21.  Section 469.10, subsection 2, Code 2009, is
 10 14 amended to read as follows:
 10 15    2.  a.  Of the moneys appropriated to the office and
 10 16 deposited in the fund, the office shall utilize up to three
 10 17 and five=tenths percent of the amount appropriated from the
 10 18 fund for a fiscal year for administrative costs.
 10 19    b.  From the funds available for administrative costs, the
 10 20 office shall not employ more than four full=time equivalent
 10 21 positions.  Notwithstanding any other limitation, the director
 10 22 may use funds received from any source other than the state
 10 23 general fund to employ personnel necessary to administer any
 10 24 program assigned to the office or to another state agency.
 10 25    Sec. 22.  Section 470.1, Code 2009, is amended to read as
 10 26 follows:
 10 27    470.1  DEFINITIONS.
 10 28    As used in this chapter unless the context otherwise
 10 29 requires:
 10 30    1.  "Commissioner" means the state building code
 10 31 commissioner.
 10 32    2.  "Department" means the department of natural resources.
 10 33    3.  2.  "Director" means the director of the department of
 10 34 natural resources office of energy independence.
 10 35    4.  3.  "Economic life" means the projected or anticipated
 11  1 useful life of a facility as expressed by a term of years.
 11  2    5.  4.  "Energy system" includes but is not limited to the
 11  3 following equipment or measures:
 11  4    a.  Equipment used to heat or cool the facility.
 11  5    b.  Equipment used to heat water in the facility.
 11  6    c.  On=site equipment used to generate electricity for the
 11  7 major facility.
 11  8    d.  On=site equipment that uses the sun, wind, oil, natural
 11  9 gas, coal or electricity as a power source.
 11 10    e.  Energy conservation measures in the facility design and
 11 11 construction that decrease the energy requirements of the
 11 12 facility.
 11 13    6.  5.  "Facility" means a building having twenty thousand
 11 14 square feet or more of usable floor space that is heated or
 11 15 cooled by a mechanical or electrical system or any building,
 11 16 system, or physical operation which consumes more than forty
 11 17 thousand British thermal units (BTUs) per square foot per
 11 18 year.
 11 19    7.  6.  "Initial cost" means the moneys required for the
 11 20 capital construction or renovation of a facility.
 11 21    8.  7.  "Life cycle cost analysis" means an analytical
 11 22 technique that considers certain costs of owning, using and
 11 23 operating a facility over its economic life including but not
 11 24 limited to the following:
 11 25    a.  Initial costs.
 11 26    b.  System repair and replacement costs.
 11 27    c.  Maintenance costs.
 11 28    d.  Operating costs, including energy costs.
 11 29    e.  Salvage value.
 11 30    8.  "Office" means the office of energy independence
 11 31 established in section 469.2.
 11 32    9.  "Public agency" means a state agency, political
 11 33 subdivision of the state, school district, area education
 11 34 agency, or community college.
 11 35    10.  "Renovation" means a project where additions or
 12  1 alterations exceed fifty percent of the value of a facility
 12  2 and will affect an energy system.
 12  3    Sec. 23.  Section 470.3, subsection 2, Code 2009, is
 12  4 amended to read as follows:
 12  5    2.  A public agency or a person preparing a life cycle cost
 12  6 analysis for a public agency shall consider the methods and
 12  7 analytical models provided by the department office and
 12  8 available through the commissioner, which are suited to the
 12  9 purpose for which the project is intended.  Within sixty days
 12 10 of final selection of a design architect or engineer, a public
 12 11 agency, which is also a state agency under section 7D.34,
 12 12 shall notify the commissioner and the department office of the
 12 13 methodology to be used to perform the life cycle cost
 12 14 analysis, on forms provided by the department office.
 12 15    Sec. 24.  Section 470.7, Code 2009, is amended to read as
 12 16 follows:
 12 17    470.7  LIFE CYCLE COST ANALYSIS == APPROVAL.
 12 18    1.  The public agency responsible for the new construction
 12 19 or renovation of a public facility shall submit a copy of the
 12 20 life cycle cost analysis for review by the commissioner who
 12 21 shall consult with the department office.  If the public
 12 22 agency is also a state agency under section 7D.34, comments by
 12 23 the department office or the commissioner, including any
 12 24 recommendation for changes in the analysis, shall, within
 12 25 thirty days of receipt of the analysis, be forwarded in
 12 26 writing to the public agency.  If either the department office
 12 27 or the commissioner disagrees with any aspects of the life
 12 28 cycle cost analysis, the public agency affected shall timely
 12 29 respond in writing to the commissioner and the department
 12 30 office.  The response shall indicate whether the agency
 12 31 intends to implement the recommendations and, if the agency
 12 32 does not intend to implement them, the public agency shall
 12 33 present its reasons.  The reasons may include, but are not
 12 34 limited to, a description of the purpose of the facility or
 12 35 renovation, preservation of historical architectural features,
 13  1 architectural and site considerations, and health and safety
 13  2 concerns.
 13  3    2.  Within thirty days of receipt of the response of the
 13  4 public agency affected, the department office, the
 13  5 commissioner, or both, shall notify in writing the public
 13  6 agency affected of the department's office's, the
 13  7 commissioner's, or both's agreement or disagreement with the
 13  8 response.  In the event of a disagreement, the department
 13  9 office, the commissioner, or both, shall at the same time
 13 10 transmit the notification of disagreement with response and
 13 11 related papers to the executive council for resolution
 13 12 pursuant to section 7D.34.  The life cycle cost analysis
 13 13 process, including submittal and approval, and implementation
 13 14 exemption requests pursuant to section 470.8, shall be
 13 15 completed prior to the letting of contracts for the
 13 16 construction or renovation of a facility.
 13 17    Sec. 25.  Section 473.1, Code 2009, is amended to read as
 13 18 follows:
 13 19    473.1  DEFINITIONS.
 13 20    As used in this chapter, unless the context otherwise
 13 21 requires:
 13 22    1.  "Alternative and renewable energy" means the same as in
 13 23 section 469.31.
 13 24    2.  "Commission" means the environmental protection
 13 25 commission of the department of natural resources.
 13 26    3.  "Department" means the department of natural resources
 13 27 created under section 455A.2.
 13 28    4.  3.  "Director" means the director of the department
 13 29 office or a designee.
 13 30    5.  4.  "Energy" or "energy sources" means gasoline, fuel
 13 31 oil, natural gas, propane, coal, special fuels and
 13 32 electricity.
 13 33    5.  "Office" means the office of energy independence
 13 34 established in section 469.2.
 13 35    6.  "Renewable fuel" means the same as in section 469.31.
 14  1    7.  "Supplier" means any person engaged in the business of
 14  2 selling, importing, storing, or generating energy sources,
 14  3 alternative and renewable energy, or renewable fuel in Iowa.
 14  4    Sec. 26.  Section 473.7, Code 2009, is amended to read as
 14  5 follows:
 14  6    473.7  DUTIES OF THE DEPARTMENT OFFICE.
 14  7    The department office shall:
 14  8    1.  Assist the director of the office of energy
 14  9 independence with preparation of the Iowa energy independence
 14 10 plan as provided in section 469.4.  In addition to assistance
 14 11 requested by the director, the department shall supply Supply
 14 12 and annually update the following information:
 14 13    a.  The historical use and distribution of energy in Iowa.
 14 14    b.  The growth rate of energy consumption in Iowa,
 14 15 including rates of growth for each energy source.
 14 16    c.  A projection of Iowa's energy needs at a minimum
 14 17 through the year 2025.
 14 18    d.  The impact of meeting Iowa's energy needs on the
 14 19 economy of the state, including the impact of energy
 14 20 efficiency and renewable energy on employment and economic
 14 21 development.
 14 22    e.  The impact of meeting Iowa's energy needs on the
 14 23 environment of the state, including the impact of energy
 14 24 production and use on greenhouse gas emissions.
 14 25    f.  An evaluation of renewable energy sources, including
 14 26 the current and future technological potential for such
 14 27 sources.
 14 28    2.  a.  The department office shall collect and analyze
 14 29 data to use in forecasting future energy demand and supply for
 14 30 the state.  A supplier is required to provide information
 14 31 pertaining to the supply, storage, distribution, and sale of
 14 32 energy sources in this state when requested by the department
 14 33 office.  The information shall be of a nature which directly
 14 34 relates to the supply, storage, distribution, and sale of
 14 35 energy sources, and shall not include any records, documents,
 15  1 books, or other data which relate to the financial position of
 15  2 the supplier.  The department office, prior to requiring any
 15  3 supplier to furnish it with such information, shall make every
 15  4 reasonable effort to determine if such information is
 15  5 available from any other governmental source.  If it finds
 15  6 such information is available, the department office shall not
 15  7 require submission of the information from a supplier.
 15  8 Notwithstanding the provisions of chapter 22, information and
 15  9 reports obtained under this section shall be confidential
 15 10 except when used for statistical purposes without identifying
 15 11 a specific supplier and when release of the information will
 15 12 not give an advantage to competitors and serves a public
 15 13 purpose.  The department office shall use this data to conduct
 15 14 energy forecasts.
 15 15    b.  The department office may subpoena witnesses,
 15 16 administer oaths, and require the production of records,
 15 17 books, and documents for examination in order to obtain
 15 18 information required to be submitted under this section.  In
 15 19 case of failure or refusal on the part of any person to comply
 15 20 with a subpoena issued by the department office, or in case of
 15 21 the refusal of any witness to testify as to any matter
 15 22 regarding which the witness may be interrogated under this
 15 23 chapter, the district court, upon the application of the
 15 24 department office, may order the person to show cause why the
 15 25 person should not be held in contempt for failure to testify
 15 26 or comply with a subpoena, and may order the person to produce
 15 27 the records, books, and documents for examination, and to give
 15 28 testimony.  The courts may punish for contempt as in the case
 15 29 of disobedience to a like subpoena issued by the court, or for
 15 30 refusal to testify.
 15 31    3.  Develop, recommend, and implement with appropriate
 15 32 agencies public and professional education and communication
 15 33 programs in energy efficiency, energy conservation, and
 15 34 conversion to alternative and renewable energy.
 15 35    4.  When necessary to carry out its duties under this
 16  1 chapter, enter into contracts with state agencies and other
 16  2 qualified contractors.
 16  3    5.  Receive and accept grants made available for programs
 16  4 relating to duties of the department office under this
 16  5 chapter.
 16  6    6.  Promulgate rules necessary to carry out the provisions
 16  7 of this chapter, subject to review in accordance with chapter
 16  8 17A.  Rules promulgated by the governor pursuant to a
 16  9 proclamation issued under the provisions of section 473.8
 16 10 shall not be subject to review or a public hearing as required
 16 11 in chapter 17A; however, agency office rules for
 16 12 implementation of the governor's proclamation are subject to
 16 13 the requirements of chapter 17A.
 16 14    7.  Examine and determine whether additional state
 16 15 regulatory authority is necessary to protect the public
 16 16 interest and to promote the effective development,
 16 17 utilization, and conservation of energy resources.  If the
 16 18 department office finds that additional regulatory authority
 16 19 is necessary, the department office shall submit
 16 20 recommendations to the general assembly concerning the nature
 16 21 and extent of such regulatory authority and which state agency
 16 22 should be assigned such regulatory responsibilities.
 16 23    8.  Develop and assist in the implementation of public
 16 24 education and communications programs in energy development,
 16 25 use and conservation, in cooperation with the department of
 16 26 education, the state university extension services and other
 16 27 public or private agencies and organizations as deemed
 16 28 appropriate by the department office.
 16 29    9.  Develop, in coordination with the office of energy
 16 30 independence, a program to annually give public recognition to
 16 31 innovative methods of energy conservation, energy management,
 16 32 and alternative and renewable energy production.
 16 33    10.  Administer and coordinate, in coordination with the
 16 34 office of energy independence, federal funds for energy
 16 35 conservation, energy management, and alternative and renewable
 17  1 energy programs.
 17  2    11.  Administer and coordinate the state building energy
 17  3 management program including projects funded through private
 17  4 financing.
 17  5    12.  Provide information from monthly fuel surveys which
 17  6 establish a statistical average of motor fuel prices for
 17  7 various motor fuels provided throughout the state.
 17  8 Additionally, the department office shall provide statewide
 17  9 monthly fuel survey information which establishes a
 17 10 statistical average of motor fuel prices for various motor
 17 11 fuels provided in both metropolitan and rural areas of the
 17 12 state.  The survey results shall be publicized in a monthly
 17 13 press release issued by the department office.
 17 14    13.  Conduct a study on activities related to energy
 17 15 production and use which contribute to global climate change
 17 16 and the depletion of the stratospheric ozone layer.  The study
 17 17 shall identify the types and relative contributions of these
 17 18 activities in Iowa.  The department shall develop a strategy
 17 19 to reduce emissions from activities identified as having an
 17 20 adverse impact on the global climate and the stratospheric
 17 21 ozone layer.  The department shall submit a report containing
 17 22 its findings and recommendations to the governor and general
 17 23 assembly by January 1, 1992.
 17 24    Sec. 27.  Section 473.8, unnumbered paragraph 1, Code 2009,
 17 25 is amended to read as follows:
 17 26    If the department office by resolution determines the
 17 27 health, safety, or welfare of the people of this state is
 17 28 threatened by an actual or impending acute shortage of usable
 17 29 energy, it shall transmit the resolution to the governor
 17 30 together with its recommendation on the declaration of an
 17 31 emergency by the governor and recommended actions, if any, to
 17 32 be undertaken.  Within thirty days of the date of the
 17 33 resolution, the governor may issue a proclamation of emergency
 17 34 which shall be filed with the secretary of state.  The
 17 35 proclamation shall state the facts relied upon and the reasons
 18  1 for the proclamation.
 18  2    Sec. 28.  Section 473.8, subsection 4, Code 2009, is
 18  3 amended to read as follows:
 18  4    4.  Delegate any administrative authority vested in the
 18  5 governor to the department office or the director.
 18  6    Sec. 29.  Section 473.10, Code 2009, is amended to read as
 18  7 follows:
 18  8    473.10  RESERVE REQUIRED.
 18  9    1.  If the department office or the governor finds that an
 18 10 impending or actual shortage or distribution imbalance of
 18 11 liquid fossil fuels may cause hardship or pose a threat to the
 18 12 health and economic well=being of the people of the state or a
 18 13 significant segment of the state's population, the department
 18 14 office or the governor may authorize the director to operate a
 18 15 liquid fossil fuel set=aside program as provided in subsection
 18 16 2.
 18 17    2.  Upon authorization by the department office or the
 18 18 governor the director may require a prime supplier to reserve
 18 19 a specified fraction of the prime supplier's projected total
 18 20 monthly release of liquid fossil fuel in Iowa.  The director
 18 21 may release any or all of the fuel required to be reserved by
 18 22 a prime supplier to end=users or to distributors for release
 18 23 through normal retail distribution channels to retail
 18 24 customers.  However, the specified fraction required to be
 18 25 reserved shall not exceed three percent for propane, aviation
 18 26 fuel and residual oil, and five percent for motor gasoline,
 18 27 heating oil, and diesel oil.
 18 28    3.  The department office shall periodically review and may
 18 29 terminate the operation of a set=aside program authorized by
 18 30 the department office under subsection 1 when the department
 18 31 office finds that the conditions that prompted the
 18 32 authorization no longer exist.  The governor shall
 18 33 periodically review and may terminate the operation of a
 18 34 set=aside program authorized by the governor under subsection
 18 35 1 when the governor finds that the conditions that prompted
 19  1 the authorization no longer exist.
 19  2    4.  The director shall adopt rules to implement this
 19  3 section.
 19  4    Sec. 30.  Section 473.15, Code 2009, is amended to read as
 19  5 follows:
 19  6    473.15  ANNUAL REPORT.
 19  7    The department office shall complete an annual report to
 19  8 assess the progress of state agencies in implementing energy
 19  9 management improvements, alternative and renewable energy
 19 10 systems, and life cycle cost analyses under chapter 470, and
 19 11 on the use of renewable fuels.  The department office shall
 19 12 work with state agencies and with any entity, agency, or
 19 13 organization with which they are associated or involved in
 19 14 such implementation, to use available information to minimize
 19 15 the cost of preparing the report.  The department office shall
 19 16 also provide an assessment of the economic and environmental
 19 17 impact of the progress made by state agencies related to
 19 18 energy management and alternative and renewable energy, along
 19 19 with recommendations on technological opportunities and
 19 20 policies necessary for continued improvement in these areas.
 19 21    Sec. 31.  Section 473.19, Code 2009, is amended to read as
 19 22 follows:
 19 23    473.19  ENERGY BANK BUILDING ENERGY MANAGEMENT PROGRAM.
 19 24    1.  The building energy bank management program is
 19 25 established by the department office.  The building energy
 19 26 bank management program consists of the following forms of
 19 27 assistance for the state, state agencies, political
 19 28 subdivisions of the state, school districts, area education
 19 29 agencies, community colleges, and nonprofit organizations:
 19 30    a.  Promoting program availability.
 19 31    b.  Developing or identifying guidelines and model energy
 19 32 techniques for the completion of energy analyses for state
 19 33 agencies, political subdivisions of the state, school
 19 34 districts, area education agencies, community colleges, and
 19 35 nonprofit organizations.
 20  1    c.  Providing technical assistance for conducting or
 20  2 evaluating energy analyses for state agencies, political
 20  3 subdivisions of the state, school districts, area education
 20  4 agencies, community colleges, and nonprofit organizations.
 20  5    d.  Providing or facilitating loans, leases, and other
 20  6 methods of alternative financing under the energy loan program
 20  7 for the state, state agencies, political subdivisions of the
 20  8 state, school districts, area education agencies, community
 20  9 colleges, and nonprofit organizations to implement energy
 20 10 management improvements or energy analyses.
 20 11    e.  Providing assistance for obtaining insurance on the
 20 12 energy savings expected to be realized from the implementation
 20 13 of energy management improvements.
 20 14    f.  Facilitating self=liquidating financing for the state,
 20 15 state agencies, political subdivisions of the state, school
 20 16 districts, area education agencies, community colleges, and
 20 17 nonprofit organizations pursuant to section 473.20A.
 20 18    g.  Assisting the treasurer of state with financing
 20 19 agreements entered into by the treasurer of state on behalf of
 20 20 state agencies to finance energy management improvements
 20 21 pursuant to section 12.28.
 20 22    2.  For the purpose of this section, section 473.20, and
 20 23 section 473.20A, "energy management improvement" means
 20 24 construction, rehabilitation, acquisition, or modification of
 20 25 an installation in a facility or vehicle which is intended to
 20 26 reduce energy consumption, or energy costs, or both, or allow
 20 27 the use of alternative and renewable energy.  "Energy
 20 28 management improvement" may include control and measurement
 20 29 devices.  "Nonprofit organization" means an organization
 20 30 exempt from federal income taxation under section 501(c)(3) of
 20 31 the Internal Revenue Code.
 20 32    3.  The department office shall submit a report by January
 20 33 1 annually to the governor and the general assembly detailing
 20 34 services provided and assistance rendered pursuant to the
 20 35 building energy bank management program and pursuant to
 21  1 sections 473.20 and 473.20A, and receipts and disbursements in
 21  2 relation to the building energy bank management fund created
 21  3 in section 473.19A.
 21  4    4.  Moneys awarded or allocated to the state, its citizens,
 21  5 or its political subdivisions as a result of the federal court
 21  6 decisions and United States department of energy settlements
 21  7 resulting from alleged violations of federal petroleum pricing
 21  8 regulations attributable to or contained within the Stripper
 21  9 Well fund shall be allocated to and remain under the control
 21 10 of the department office for utilization for energy
 21 11 program=related staff support purposes.
 21 12    Sec. 32.  Section 473.19A, Code 2009, is amended to read as
 21 13 follows:
 21 14    473.19A  BUILDING ENERGY BANK MANAGEMENT FUND.
 21 15    1.  The building energy bank management fund is created
 21 16 within the state treasury under the control of the department,
 21 17 in collaboration with the office of energy independence
 21 18 established in section 469.2 office.  The fund shall be used
 21 19 for the operational expenses and administrative costs incurred
 21 20 by the department office in facilitating and administering the
 21 21 building energy bank management program established in section
 21 22 473.19.
 21 23    2.  The building energy bank management fund shall consist
 21 24 of amounts deposited into the fund or allocated from the
 21 25 following sources:
 21 26    a.  Any moneys awarded or allocated to the state, its
 21 27 citizens, or its political subdivisions as a result of the
 21 28 federal court decisions and United States department of energy
 21 29 settlements resulting from alleged violations of federal
 21 30 petroleum pricing regulations attributable to or contained
 21 31 within the Exxon fund.  Amounts remaining in the oil
 21 32 overcharge account established in section 455E.11, subsection
 21 33 2, paragraph "e", Code 2007, and the energy conservation trust
 21 34 established in section 473.11, Code 2007, as of June 30, 2008,
 21 35 shall be deposited into the building energy bank management
 22  1 fund pursuant to this paragraph, notwithstanding section 8.60,
 22  2 subsection 15, Code 2007.
 22  3    b.  (1)  Moneys received in the form of fees imposed upon
 22  4 the state, state agencies, political subdivisions of the
 22  5 state, school districts, area education agencies, community
 22  6 colleges, and nonprofit organizations for services performed
 22  7 or assistance rendered pursuant to the building energy bank
 22  8 management program.  Fees imposed pursuant to this paragraph
 22  9 shall be established by the department office in an amount
 22 10 corresponding to the operational expenses or administrative
 22 11 costs incurred by the department office in performing services
 22 12 or providing assistance authorized pursuant to the building
 22 13 energy bank management program, as follows:
 22 14    (a)  For a building of up to twenty=five thousand square
 22 15 feet, two thousand five hundred dollars.
 22 16    (b)  For a building in excess of twenty=five thousand
 22 17 square feet, an additional eight cents per square foot.
 22 18    (c)  A building that houses more energy intensive functions
 22 19 may be subject to a higher fee than the fees specified in
 22 20 subparagraphs (a) and (b) as determined by the department
 22 21 office.
 22 22    (2)  Any fees imposed shall be retained by the department
 22 23 office and are appropriated to the department office for
 22 24 purposes of providing services or assistance under the
 22 25 program.
 22 26    c.  Moneys appropriated by the general assembly and any
 22 27 other moneys, including grants and gifts from government and
 22 28 nonprofit organizations, available to and obtained or accepted
 22 29 by the department office for placement in the fund.
 22 30    d.  Moneys contained in the intermodal revolving loan fund
 22 31 administered by the department of transportation for the
 22 32 fiscal year beginning July 1, 2019, and succeeding fiscal
 22 33 years.
 22 34    e.  Moneys in the fund are not subject to section 8.33.
 22 35 Notwithstanding section 12C.7, interest or earnings on moneys
 23  1 in the fund shall be credited to the fund.
 23  2    3.  The building energy bank management fund shall be
 23  3 limited to a maximum of one million dollars.  Amounts in
 23  4 excess of this maximum limitation shall be transferred to and
 23  5 deposited in the rebuild Iowa infrastructure fund created in
 23  6 section 8.57, subsection 6.
 23  7    Sec. 33.  Section 473.20, Code 2009, is amended to read as
 23  8 follows:
 23  9    473.20  ENERGY LOAN PROGRAM.
 23 10    1.  An energy loan program is established and shall be
 23 11 administered by the department office.
 23 12    2.  The department office may facilitate the loan process
 23 13 for political subdivisions of the state, school districts,
 23 14 area education agencies, community colleges, and nonprofit
 23 15 organizations for implementation of energy management
 23 16 improvements identified in an energy analysis.  Loans shall be
 23 17 facilitated for all cost=effective energy management
 23 18 improvements.  For political subdivisions of the state, school
 23 19 districts, area education agencies, community colleges, and
 23 20 nonprofit organizations to receive loan assistance under the
 23 21 program, the department office shall require completion of an
 23 22 energy management plan including an energy analysis.  The
 23 23 department office shall approve loans facilitated under this
 23 24 section.
 23 25    3.  a.  Cities and counties shall repay the loans from
 23 26 moneys in their debt service funds.  Area education agencies
 23 27 shall repay the loans from any moneys available to them.
 23 28    b.  School districts and community colleges may enter into
 23 29 financing arrangements with the department office or its duly
 23 30 authorized agents or representatives obligating the school
 23 31 district or community college to make payments on the loans
 23 32 beyond the current budget year of the school district or
 23 33 community college.  Chapter 75 shall not be applicable.
 23 34 School districts shall repay the loans from moneys in either
 23 35 their general fund or debt service fund.  Community colleges
 24  1 shall repay the loans from their general fund.  Other entities
 24  2 receiving loans under this section shall repay the loans from
 24  3 any moneys available to them.
 24  4    4.  For the purpose of this section, "loans" means loans,
 24  5 leases, or alternative financing arrangements.
 24  6    5.  Political subdivisions of the state, school districts,
 24  7 area education agencies, and community colleges shall design
 24  8 and construct the most energy cost=effective facilities
 24  9 feasible and may use financing facilitated by the department
 24 10 office to cover the incremental costs above minimum building
 24 11 code energy efficiency standards of purchasing
 24 12 energy=efficient devices and materials unless other lower cost
 24 13 financing is available.  As used in this section, "facility"
 24 14 means a structure that is heated or cooled by a mechanical or
 24 15 electrical system, or any system of physical operation that
 24 16 consumes energy to carry out a process.
 24 17    6.  The department office shall not require the state,
 24 18 state agencies, political subdivisions of the state, school
 24 19 districts, area education agencies, and community colleges to
 24 20 implement a specific energy management improvement identified
 24 21 in an energy analysis if the entity which prepared the
 24 22 analysis demonstrates to the department office that the
 24 23 facility which is the subject of the energy management
 24 24 improvement is unlikely to be used or operated for the full
 24 25 period of the expected savings payback of all costs associated
 24 26 with implementing the energy management improvement, including
 24 27 without limitation, any fees or charges of the department
 24 28 office, engineering firms, financial advisors, attorneys, and
 24 29 other third parties, and all financing costs including
 24 30 interest, if financed.
 24 31    Sec. 34.  Section 473.20A, subsection 1, Code 2009, is
 24 32 amended to read as follows:
 24 33    1.  a.  The department of natural resources office may
 24 34 facilitate financing agreements that may be entered into with
 24 35 political subdivisions of the state, school districts, area
 25  1 education agencies, community colleges, or nonprofit
 25  2 organizations to finance the costs of energy management
 25  3 improvements on a self=liquidating basis.  The provisions of
 25  4 section 473.20 defining eligible energy management
 25  5 improvements apply to financings under this section.
 25  6    b.  The financing agreement may contain provisions,
 25  7 including interest, term, and obligations to make payments on
 25  8 the financing agreement beyond the current budget year, as may
 25  9 be acceptable to political subdivisions of the state, school
 25 10 districts, area education agencies, community colleges, or
 25 11 nonprofit organizations.
 25 12    c.  The department office shall assist the treasurer of
 25 13 state with financing agreements entered into by the treasurer
 25 14 of state on behalf of state agencies pursuant to section 12.28
 25 15 to finance energy management improvements being implemented by
 25 16 state agencies.
 25 17    Sec. 35.  Section 473.41, Code 2009, is amended to read as
 25 18 follows:
 25 19    473.41  ENERGY CITY DESIGNATION PROGRAM.
 25 20    1.  The department office shall establish an energy city
 25 21 designation program, with the objective of encouraging cities
 25 22 to develop and implement innovative energy efficiency
 25 23 programs.  To qualify for designation as an energy city, a
 25 24 city shall submit an application on forms prescribed by the
 25 25 department office by rule, indicating the following:
 25 26    a.  Submission of community=based plans for energy
 25 27 reduction projects, energy=efficient building construction and
 25 28 rehabilitation, and alternative or renewable energy
 25 29 production.
 25 30    b.  Efforts to secure local funding for community=based
 25 31 plans, and documentation of any state or federal grant or loan
 25 32 funding being pursued in connection therewith.
 25 33    c.  Involvement of local schools, civic organizations,
 25 34 chambers of commerce, and private groups in a community=based
 25 35 plan.
 26  1    d.  Existing or proposed ordinances encouraging energy
 26  2 efficiency and conservation, recycling efforts, and
 26  3 energy=efficient building code provisions and enforcement.
 26  4    e.  Organization of an energy day observance and
 26  5 proclamation with a commemorating event and awards ceremony
 26  6 for leading energy=efficient community businesses, groups,
 26  7 schools, or individuals.
 26  8    2.  The department office shall establish by rule criteria
 26  9 for awarding energy city designations.  If more than one
 26 10 designation is awarded annually, the criteria shall include a
 26 11 requirement that the department office award the designations
 26 12 to cities of varying populations.  Rules shall also be
 26 13 established identifying and publicizing state grant and loan
 26 14 programs relating to energy efficiency, and the development of
 26 15 a procedure whereby the department office shall coordinate
 26 16 with other state agencies preferences given in the awarding of
 26 17 grants or making of loans to energy city designated
 26 18 applicants.
 26 19    Sec. 36.  Section 476.6, subsection 16, paragraph b, Code
 26 20 2009, is amended to read as follows:
 26 21    b.  A gas and electric utility required to be
 26 22 rate=regulated under this chapter shall assess potential
 26 23 energy and capacity savings available from actual and
 26 24 projected customer usage by applying commercially available
 26 25 technology and improved operating practices to energy=using
 26 26 equipment and buildings.  The utility shall submit the
 26 27 assessment to the board.  Upon receipt of the assessment, the
 26 28 board shall consult with the department of natural resources
 26 29 office of energy independence to develop specific capacity and
 26 30 energy savings performance standards for each utility.  The
 26 31 utility shall submit an energy efficiency plan which shall
 26 32 include economically achievable programs designed to attain
 26 33 these energy and capacity performance standards.  The board
 26 34 shall periodically report the energy efficiency results
 26 35 including energy savings of each utility to the general
 27  1 assembly.
 27  2    Sec. 37.  Section 476.63, Code 2009, is amended to read as
 27  3 follows:
 27  4    476.63  ENERGY EFFICIENCY PROGRAMS.
 27  5    The division shall consult with the department of natural
 27  6 resources office of energy independence in the development and
 27  7 implementation of public utility energy efficiency programs.
 27  8    Sec. 38.  Section 564A.9, Code 2009, is amended to read as
 27  9 follows:
 27 10    564A.9  ASSISTANCE TO LOCAL GOVERNMENT BODIES AND THE
 27 11 PUBLIC.
 27 12    The department of natural resources office of energy
 27 13 independence shall make available information and guidelines
 27 14 to assist local government bodies and the public to understand
 27 15 and use the provisions of this chapter.  The information and
 27 16 guidelines shall include an application form for a solar
 27 17 access easement, instructions and aids for preparing and
 27 18 recording solar access easements and model ordinances that
 27 19 promote reasonable access to solar energy.
 27 20    Sec. 39.  Section 473.13A, Code 2009, is repealed.
 27 21    Sec. 40.  TRANSITION PROVISIONS == RULEMAKING.
 27 22    1.  Any moneys retained in any account or fund under the
 27 23 control of the department of natural resources relative to the
 27 24 provisions of this Act shall be transferred to a comparable
 27 25 fund or account under the control of the office of energy
 27 26 independence for such purposes.
 27 27    2.  Any license, permit, or contract issued or entered into
 27 28 by the department of natural resources relative to the
 27 29 provisions of this Act in effect on the effective date of this
 27 30 Act shall continue in full force and effect pending transfer
 27 31 of such licenses, permits, or contracts to the office of
 27 32 energy independence.
 27 33    3.  Not later than August 1, 2009, the office of energy
 27 34 independence shall adopt administrative rules previously
 27 35 adopted by the department of natural resources relative to the
 28  1 provisions of this Act in existence on the effective date of
 28  2 this Act by emergency rulemaking pursuant to section 17A.4,
 28  3 subsection 3, and section 17A.5, subsection 2, paragraph "b".
 28  4 The rules shall become effective immediately upon filing or on
 28  5 a later effective date specified in the rules.  Any rules
 28  6 adopted in accordance with the provisions of this section
 28  7 shall also be published as a notice of intended action as
 28  8 provided in section 17A.4.  Any rule, regulation, form, order,
 28  9 or directive promulgated by the department relative to the
 28 10 provisions of this Act in effect on the effective date of this
 28 11 Act shall continue in full force and effect until such
 28 12 emergency rules are adopted.
 28 13    4.  The provisions of section 469.10, subsection 2,
 28 14 relating to utilization by the director of the office of
 28 15 energy independence of any funds received from any source
 28 16 other than the state general fund to employ personnel
 28 17 necessary to administer any program assigned to the office or
 28 18 to another state agency, shall be applicable to the transfer
 28 19 from the department of natural resources to the office of
 28 20 energy independence of individuals currently employed by the
 28 21 department in capacities relating to the programs or
 28 22 provisions transferred from the department to the office
 28 23 pursuant to this Act.
 28 24                           EXPLANATION
 28 25    This bill transfers authority over specified energy=related
 28 26 measures and programs from the department of natural resources
 28 27 to the office of energy independence.  References to the
 28 28 "department" are changed to the "office" throughout Code
 28 29 chapter 470 relating to life cycle cost analyses of public
 28 30 facilities, and Code chapter 473, which contains provisions
 28 31 relating to the development of policies and programs that
 28 32 promote energy efficiency, alternative and renewable energy,
 28 33 and energy management improvement financing.  Similar
 28 34 reference changes are made with regard to approving
 28 35 engineering firms for performance of comprehensive engineering
 29  1 analyses done on a building in which a state agency seeks to
 29  2 improve energy efficiency pursuant to Code section 7D.34,
 29  3 developing standards and methods to evaluate design
 29  4 development and construction documents based on life cycle
 29  5 cost factors in relation to design proposals submitted
 29  6 pursuant to Code section 72.5, and coordinating with other
 29  7 state agencies regarding implementation of the office of
 29  8 renewable fuels and coproducts pursuant to Code section
 29  9 159A.3, serving on the renewable fuels and coproducts advisory
 29 10 committee, and assisting in providing technical assistance to
 29 11 new or existing renewable fuel production facilities.
 29 12 Additional transfers of authority include awarding
 29 13 demonstration grants for alternative fuels research pursuant
 29 14 to Code section 214A.19, appointing a representative to serve
 29 15 on the Iowa energy center advisory council established in Code
 29 16 section 266.39C, making available energy efficiency=related
 29 17 continuing education courses pursuant to Code section 272C.2,
 29 18 receiving results relating to energy audits from school
 29 19 districts and perform related functions pursuant to Code
 29 20 section 279.44, determining whether special hardship criteria
 29 21 has been demonstrated regarding franchise alternative fuel
 29 22 purchases pursuant to Code section 323A.2, and providing
 29 23 assistance to local government bodies and the public regarding
 29 24 access to solar energy pursuant to Code section 564A.9.
 29 25 Conforming changes are made in Code chapter 469 regarding the
 29 26 transfer of authority.
 29 27    Additionally, the bill provides that, notwithstanding any
 29 28 other limitation, the director may use funds received from any
 29 29 source other than the state general fund to employ personnel
 29 30 necessary to administer any program assigned to the office or
 29 31 to another state agency, including employing employees
 29 32 transferred from the department in positions relating to the
 29 33 authority transferred under the bill.
 29 34    The bill repeals Code section 473.13A, which contained
 29 35 outdated terminology and outdated provisions regarding
 30  1 financing for energy measures provided directly by the
 30  2 department.  The bill also changes the names of the energy
 30  3 bank program and the energy bank fund to building energy
 30  4 management program and building energy management fund,
 30  5 respectively.
 30  6    The bill contains transition provisions regarding the
 30  7 transfer of moneys retained in an account or fund under the
 30  8 control of the department to a comparable fund or account of
 30  9 the office, regarding the continuation of any license, permit,
 30 10 or contract issued or entered into by the department of
 30 11 natural resources pending transfer and assignment to the
 30 12 office; and regarding the continuation of any rule,
 30 13 regulation, form, order, or directive promulgated by the
 30 14 department relative to the provisions of the bill until
 30 15 emergency rules are promulgated by the department.
 30 16 LSB 1302DP 83
 30 17 rn/nh/14.2