S.F. 2205 Section 1. Section 17A.1, subsection 4, Code 2011, is 1 amended to read as follows: 2 4. In accomplishing its objectives, the intention of this 3 chapter is to strike a fair balance between these purposes and 4 the need for efficient, economical and effective government 5 administration. The intention of this chapter is to apply a 6 consistent, full-time effort toward making Iowa’s regulatory 7 climate one which is more hospitable, obtains more input from 8 the citizens of Iowa, and is more transparent. 9 5. The chapter is not meant to alter the substantive rights 10 of any person or agency. Its impact is limited to procedural 11 rights with the expectation that better substantive results 12 will be achieved in the everyday conduct of state government by 13 improving the process by which those results are attained. 14 Sec. 2. Section 17A.4, subsection 1, paragraph b, Code 2011, 15 is amended to read as follows: 16 b. (1) Afford all interested persons not less than twenty 17 days to submit data, views, or arguments in writing , including 18 in an electronic format. If feasible, an electronic format may 19 include the use of electronic mail and posting to an internet 20 site . If timely requested in writing by twenty-five interested 21 persons, by a governmental subdivision, by the administrative 22 rules review committee, by an agency, or by an association 23 having not less than twenty-five members, the agency must give 24 interested persons an opportunity to make oral presentation. 25 (2) To the extent practicable, the agency shall provide 26 an opportunity to make oral presentations using the Iowa 27 communications network or other electronic means and provide 28 public access at multiple sites throughout the state. If 29 a request is received from twenty-five interested persons 30 residing in the same city or county, the agency shall provide 31 an opportunity for oral presentation in that city or county. 32 (3) The opportunity for oral presentation must be held 33 at least twenty days after publication of the notice of its 34 time and place in the Iowa administrative bulletin. The 35 -1- LSB 5716XS (4) 84 jr/rj 1/ 16

S.F. 2205 agency shall consider fully all written and oral submissions 1 respecting the proposed rule. Within one hundred eighty 2 days following either the notice published according to the 3 provisions of paragraph “a” or within one hundred eighty 4 days after the last date of the oral presentations on the 5 proposed rule, whichever is later, the agency shall adopt a 6 rule pursuant to the rulemaking proceeding or shall terminate 7 the proceeding by publishing notice of termination in the Iowa 8 administrative bulletin. 9 Sec. 3. Section 17A.4, subsections 2 and 3, Code 2011, are 10 amended to read as follows: 11 2. An agency shall include in a preamble to each rule 12 it adopts a brief explanation of the principal reasons for 13 its action pursuant to section 17A.5 a concise statement 14 of the principal reasons for and against the rule adopted, 15 incorporating in the statement the reasons for overruling 16 considerations urged against the rule and, if applicable, a 17 brief explanation of the principal reasons for its failure to 18 provide in that rule for the waiver of the rule in specified 19 situations if no such waiver provision is included in the rule. 20 This explanatory requirement does not apply when the agency 21 adopts a rule that only defines the meaning of a provision of 22 law if the agency does not possess delegated authority to bind 23 the courts to any extent with its definition. In addition, if 24 requested to do so by an interested person, either prior to 25 adoption or within thirty days thereafter, the agency shall 26 issue a concise statement of the principal reasons for and 27 against the rule adopted, incorporating therein the reasons for 28 overruling considerations urged against the rule. This concise 29 statement shall be issued either at the time of the adoption of 30 the rule or within thirty-five days after the agency receives 31 the request. 32 3. a. When an agency for good cause finds that notice and 33 public participation would be unnecessary, impracticable, or 34 contrary to the public interest, the provisions of subsection 1 35 -2- LSB 5716XS (4) 84 jr/rj 2/ 16

S.F. 2205 shall be inapplicable. The agency shall incorporate in each 1 rule issued in reliance upon this provision either the finding 2 and a brief statement of the reasons for the finding, or a 3 statement that the rule is within a very narrowly tailored 4 category of rules whose issuance has previously been exempted 5 from subsection 1 by a special rule relying on this provision 6 and including such a finding and statement of reasons for the 7 entire category. A rule adopted pursuant to this subsection 8 shall only remain in effect for one hundred eighty days, unless 9 a shorter period is specified in the rule. 10 b. If the administrative rules review committee by a 11 two-thirds vote, the governor, or the attorney general files 12 with the administrative code editor an objection to the 13 adoption of any rule pursuant to this subsection , that rule 14 shall cease to be effective one hundred eighty days after 15 the date the objection was filed. A copy of the objection, 16 properly dated, shall be forwarded to the agency at the time of 17 filing the objection. In any action contesting a rule adopted 18 pursuant to this subsection , the burden of proof shall be on 19 the agency to show that the procedures of subsection 1 were 20 impracticable, unnecessary, or contrary to the public interest 21 and that, if a category of rules was involved, the category was 22 very narrowly tailored. 23 Sec. 4. Section 17A.4A, Code 2011, is amended to read as 24 follows: 25 17A.4A Regulatory analysis. 26 1. a. An agency shall issue a regulatory analysis of 27 a proposed rule that complies with subsection 2 , paragraph 28 “a” , if, within thirty-two days after the published notice of 29 proposed rule adoption, a written request for the analysis is 30 submitted to the agency by the administrative rules review 31 committee or the administrative rules coordinator. An agency 32 shall issue a regulatory analysis of a proposed rule that 33 complies with subsection 2 , paragraph “b” , if the rule would 34 have a substantial impact on small business and if, within 35 -3- LSB 5716XS (4) 84 jr/rj 3/ 16

S.F. 2205 thirty-two days after the published notice of proposed rule 1 adoption, a written request for analysis is submitted to the 2 agency by the administrative rules review committee, the 3 administrative rules coordinator, at least twenty-five persons 4 signing that request who each qualify as a small business or by 5 an organization representing at least twenty-five such persons. 6 If a rule has been adopted without prior notice and an 7 opportunity for public participation in reliance upon section 8 17A.4, subsection 3 , the written request for an analysis that 9 complies with subsection 2 , paragraph “a” or “b” , may be made 10 within seventy days of publication of the rule. 11 b. An agency shall issue a regulatory analysis of a rule 12 that complies with subsection 2, paragraph “b” , if the rule is a 13 proposed rule, or has been adopted without prior notice and an 14 opportunity for public participation, if the rule would have an 15 adverse impact on small business. A regulatory analysis issued 16 pursuant to this paragraph shall be published as part of the 17 notice of proposed rule adoption or published along with a rule 18 that has been adopted without notice. 19 2. a. Except to the extent that a written request for 20 a regulatory analysis expressly waives one or more of the 21 following, the regulatory analysis must contain all of the 22 following: 23 (1) A description of the classes of persons who probably 24 will be affected by the proposed rule, including classes that 25 will bear the costs of the proposed rule and classes that will 26 benefit from the proposed rule. 27 (2) A description of the probable quantitative and 28 qualitative impact of the proposed rule, economic or otherwise, 29 upon affected classes of persons, including a description of 30 the nature and amount of all of the different kinds of costs 31 that would be incurred in complying with the proposed rule. 32 (3) The probable costs to the agency and to any other agency 33 of the implementation and enforcement of the proposed rule and 34 any anticipated effect on state revenues. 35 -4- LSB 5716XS (4) 84 jr/rj 4/ 16

S.F. 2205 (4) A comparison of the probable costs and benefits of the 1 proposed rule to the probable costs and benefits of inaction. 2 (5) A determination of whether less costly methods or 3 less intrusive methods exist for achieving the purpose of the 4 proposed rule. 5 (6) A description of any alternative methods for achieving 6 the purpose of the proposed rule that were seriously considered 7 by the agency and the reasons why they were rejected in favor 8 of the proposed rule. 9 b. In the case of a rule that would have a substantial 10 an adverse impact on small business, the regulatory analysis 11 must contain a discussion of whether it would be feasible and 12 practicable to do any of the following to reduce the impact of 13 the rule on small business: 14 (1) Establish less stringent compliance or reporting 15 requirements in the rule for small business. 16 (2) Establish less stringent schedules or deadlines in 17 the rule for compliance or reporting requirements for small 18 business. 19 (3) Consolidate or simplify the rule’s compliance or 20 reporting requirements for small business. 21 (4) Establish performance standards to replace design or 22 operational standards in the rule for small business. 23 (5) Exempt small business from any or all requirements of 24 the rule. 25 c. The agency shall reduce the impact of a proposed rule 26 that would have a substantial an adverse impact on small 27 business by using a method discussed in paragraph “b” if the 28 agency finds that the method is legal and feasible in meeting 29 the statutory objectives which are the basis of the proposed 30 rule. For purposes of judicial review, a small business shall 31 be deemed to be aggrieved or adversely affected by an agency 32 determination that it would not be legal and feasible to reduce 33 the impact of a rule. 34 3. Each regulatory analysis must include quantifications 35 -5- LSB 5716XS (4) 84 jr/rj 5/ 16

S.F. 2205 of the data to the extent practicable and must take account of 1 both short-term and long-term consequences. 2 4. Upon receipt by an agency of a timely request for 3 a regulatory analysis, the agency shall extend the period 4 specified in this chapter for each of the following until at 5 least twenty days after publication in the administrative 6 bulletin of a concise summary of the regulatory analysis: 7 a. The end of the period during which persons may make 8 written submissions on the proposed rule. 9 b. The end of the period during which an oral proceeding may 10 be requested. 11 c. The date of any required oral proceeding on the proposed 12 rule. 13 5. In the case of a rule adopted without prior notice and an 14 opportunity for public participation in reliance upon section 15 17A.4, subsection 3 , the summary must be published within 16 seventy days of the a request made pursuant to subsection 1, 17 paragraph “a” . 18 6. The published summary of the regulatory analysis 19 issued pursuant to subsection 1, paragraph “a” , must also 20 indicate where persons may obtain copies of the full text 21 of the regulatory analysis and where, when, and how persons 22 may present their views on the proposed rule and demand 23 an oral proceeding thereon if one is not already provided. 24 Agencies shall make available to the public, to the maximum 25 extent feasible, the published summary and the full text of 26 the regulatory analysis described in this subsection in an 27 electronic format, including , but not limited to , access to the 28 documents through the internet. 29 7. If the agency has made a good faith effort to comply 30 with the requirements of subsections 1 through 3 , the rule 31 may not be invalidated on the ground that the contents of the 32 regulatory analysis are insufficient or inaccurate. 33 8. a. For the purpose of this section , “small business” 34 means any entity including but not limited to an individual, 35 -6- LSB 5716XS (4) 84 jr/rj 6/ 16

S.F. 2205 partnership, corporation, joint venture, association, or 1 cooperative, to which all of the following apply: 2 (1) It is not an affiliate or subsidiary of an entity 3 dominant in its field of operation. 4 (2) It has either twenty or fewer full-time equivalent 5 positions or less than one million dollars in annual gross 6 revenues in the preceding fiscal year. 7 b. For purposes of this definition, “dominant in its field 8 of operation” means having more than twenty full-time equivalent 9 positions and more than one million dollars in annual gross 10 revenues, and “affiliate or subsidiary of an entity dominant in 11 its field of operation” means an entity which is at least twenty 12 percent owned by an entity dominant in its field of operation, 13 or by partners, officers, directors, majority stockholders, 14 or their equivalent, of an entity dominant in that field of 15 operation. 16 9. By July 1, 2013, and every five years thereafter, each 17 agency shall review all existing rules under its purview to 18 determine whether such rules should be continued without 19 change, or should be amended or rescinded, consistent with 20 the stated objectives of the applicable statutes, to minimize 21 the economic impact of the rules on small businesses in a 22 manner consistent with the stated objectives of the applicable 23 statutes. If the agency determines that completion of the 24 review of existing rules is not feasible by July 1, 2013, 25 the agency shall publish notice of that finding in the Iowa 26 administrative bulletin. The agency may then extend the 27 completion date by one year at a time for a total of not more 28 than five years. In reviewing rules to minimize the economic 29 impact of the rules on small businesses, the agency shall 30 consider all of the following factors: 31 a. The continued need for the rule. 32 b. The nature of complaints or comments received from the 33 public concerning the rule. 34 c. The complexity of the rule. 35 -7- LSB 5716XS (4) 84 jr/rj 7/ 16

S.F. 2205 d. The extent to which the rule overlaps, duplicates, or 1 conflicts with other federal, state, or local governmental 2 statutes, ordinances, or rules. 3 e. The length of time since the rule has been evaluated or 4 the degree to which technology, economic conditions, or other 5 factors have changed in the area affected by the rule. 6 Sec. 5. NEW SECTION . 17A.4B Negotiated rulemaking. 7 1. An agency shall create a negotiated rulemaking group to 8 view draft rule proposals if required by statute. An agency 9 may, on its own motion or upon request, create a negotiated 10 rulemaking group if the agency determines that a negotiated 11 rulemaking group can adequately represent the interests 12 that will be significantly affected by a draft rule proposal 13 and that it is feasible and appropriate in the particular 14 rulemaking. Notice of the creation of a negotiated rulemaking 15 group shall be published in the Iowa administrative bulletin. 16 Upon establishing a negotiated rulemaking group, the agency 17 shall also specify a time frame for group deliberations. 18 2. Unless otherwise provided by statute, the agency shall 19 appoint a sufficient number of members to the group so that 20 a fair cross section of opinions and interests regarding the 21 draft rule proposal is represented. One person shall be 22 appointed to represent the agency. The group shall select its 23 own chairperson and adopt its rules of procedure. All meetings 24 of the group shall be open to the public. A majority of the 25 membership constitutes a quorum. Members shall not receive 26 any per diem payment but shall be reimbursed for all necessary 27 expenses. Any vacancy shall be filled in the same manner as 28 the initial appointment. 29 3. Prior to the publication of a notice of intended action, 30 the group shall consider the terms or substance of the rule 31 drafted by the agency and shall attempt to reach a consensus 32 concerning the draft rule proposal. 33 4. If a group reaches a consensus on a draft rule proposal, 34 the group shall transmit to the agency a report containing the 35 -8- LSB 5716XS (4) 84 jr/rj 8/ 16

S.F. 2205 consensus on the draft rule proposal. If the group does not 1 reach a consensus on a draft rule proposal within the specified 2 time frame, the group shall transmit to the agency a report 3 stating that inability to reach a consensus and specifying any 4 areas in which the group reached a consensus. The group may 5 include in a report any other information, recommendations, 6 or materials that the group considers appropriate. Any group 7 member may include as an addendum to the report additional 8 information, recommendations, or materials. A report issued 9 under this subsection shall not be considered final agency 10 action for purposes of judicial review. 11 5. Unless otherwise provided by statute, following a 12 negotiated rulemaking group consideration of a draft rule 13 proposal, the agency may commence rulemaking as provided in 14 section 17A.4. The group is automatically abolished upon the 15 agency’s adoption of the rule pursuant to the provisions of 16 section 17A.5. 17 Sec. 6. NEW SECTION . 17A.6A Searchable rules database. 18 1. Each agency shall make available to the public a 19 searchable rules database, published on an internet site 20 detailing all of the rules promulgated by the department. 21 2. By January 1, 2014, each agency shall develop and make 22 publicly available a database internet site for searching and 23 accessing the rules promulgated by the agency. 24 3. The searchable internet site developed pursuant to this 25 section shall allow the public at no cost to search and compile 26 the information provided pursuant to this subsection. Each 27 agency shall provide the following: 28 a. The rules promulgated by the agency. 29 b. Date of last review of all of its rules under section 30 17A.7. 31 c. Any regulatory analysis issued under section 17A.4A. 32 d. Minutes of any public hearing conducted pursuant to 33 section 17A.4. 34 e. Any other relevant information specified by the agency. 35 -9- LSB 5716XS (4) 84 jr/rj 9/ 16

S.F. 2205 4. Effective July 1, 2014, the internet site shall be 1 updated regularly as new data and information become available, 2 but all data and information shall be updated no less 3 frequently than annually within thirty days following the close 4 of the state fiscal year. 5 5. The agency is not in compliance with this section if 6 the data required for the internet site is not available in 7 a searchable manner or if the public is redirected to other 8 government internet sites unless each of those sites displays 9 information from all agencies and each category of information 10 required can be searched electronically by field in a single 11 search. 12 Sec. 7. Section 17A.7, Code 2011, is amended by adding the 13 following new subsection: 14 NEW SUBSECTION . 3. Over a five-year period of time, an 15 agency shall conduct an ongoing and comprehensive review of 16 all of the agency’s rules. The goal of the review is the 17 identification and elimination of all rules of the agency that 18 are outdated, redundant, overbroad, ineffective, unnecessary, 19 or otherwise undesirable. An agency shall commence its review 20 by developing a plan of review in consultation with major 21 stakeholders and constituent groups. As part of its review, an 22 agency shall review existing policy and interpretive statements 23 or similar documents to determine whether it would be necessary 24 or appropriate to adopt these statements or documents as rules. 25 a. An agency shall establish its five-year plan for review 26 of its rules and publish the plan in the Iowa administrative 27 bulletin. 28 b. An agency’s plan for review shall do all of the 29 following: 30 (1) Contain a schedule that lists when the review of each 31 rule or rule group will occur. 32 (2) State the method by which the agency will determine 33 whether the rule under review meets the criteria listed in this 34 subsection. 35 -10- LSB 5716XS (4) 84 jr/rj 10/ 16

S.F. 2205 (3) Provide a means for public participation in the review 1 process and specify how interested persons may participate in 2 the review. 3 (4) Identify instances where the agency may require an 4 exception to the review requirements. 5 (5) Provide a process for ongoing review of rules after the 6 initial five-year review period has expired. 7 c. An agency shall consider all of the following criteria 8 when reviewing its rules: 9 (1) The need for the rule. 10 (2) The clarity of the rule. 11 (3) The intent and legal authority for the rule. 12 (4) The qualitative and quantitative benefits and costs of 13 the rule. 14 (5) The fairness of the rule. 15 d. When an agency completes its five-year review of its 16 rules, the agency shall provide a summary of the results to the 17 administrative rules coordinator and the administrative rules 18 review committee. 19 Sec. 8. Section 17A.23, Code 2011, is amended to read as 20 follows: 21 17A.23 Construction —— delegation of authority . 22 1. Except as expressly provided otherwise by this chapter 23 or by another statute referring to this chapter by name, the 24 rights created and the requirements imposed by this chapter 25 shall be in addition to those created or imposed by every other 26 statute in existence on July 1, 1975, or enacted after that 27 date. If any other statute in existence on July 1, 1975, or 28 enacted after that date diminishes a right conferred upon a 29 person by this chapter or diminishes a requirement imposed upon 30 an agency by this chapter , this chapter shall take precedence 31 unless the other statute expressly provides that it shall take 32 precedence over all or some specified portion of this named 33 cited chapter. 34 2. This chapter shall be construed broadly to effectuate 35 -11- LSB 5716XS (4) 84 jr/rj 11/ 16

S.F. 2205 its purposes. This chapter shall also be construed to apply 1 to all agencies not expressly exempted by this chapter or by 2 another statute specifically referring to this chapter by 3 name; and except as to proceedings in process on July 1, 1975, 4 this chapter shall be construed to apply to all covered agency 5 proceedings and all agency action not expressly exempted by 6 this chapter or by another statute specifically referring to 7 this chapter by name citation . 8 3. An agency shall have only that authority or discretion 9 delegated to or conferred upon the agency by law and shall not 10 expand or enlarge its authority or discretion beyond the powers 11 delegated to or conferred upon the agency. Unless otherwise 12 specifically provided in statute, any grant of rulemaking 13 authority shall be construed narrowly. 14 Sec. 9. NEW SECTION . 17A.24 Implementation of federal 15 statute, regulation, or policy. 16 1. Except as otherwise explicitly authorized by state law, a 17 state administrative agency charged with the implementation of 18 a federal statute, regulation, or policy shall not exceed the 19 specific requirements of that statute, regulation, or policy. 20 2. Any portion of a state administrative agency rule or 21 policy that is in violation of subsection 1 is void. 22 3. For purposes of judicial review, an individual or 23 business shall be deemed to be aggrieved or adversely affected 24 by an agency determination that the state rule does not exceed 25 the federal statute, regulation, or policy. 26 Sec. 10. Section 68B.2, subsection 13, paragraph b, 27 subparagraph (8), Code 2011, is amended to read as follows: 28 (8) Persons whose activities are limited to submitting 29 data, views, or arguments in writing, including in an 30 electronic format, or requesting an opportunity to make an oral 31 presentation under section 17A.4, subsection 1 . 32 Sec. 11. ENVIRONMENTAL PROTECTION AGENCY AND DEPARTMENT OF 33 NATURAL RESOURCES STUDY. A commission of twelve members is 34 created to comprehensively review all proposed and existing 35 -12- LSB 5716XS (4) 84 jr/rj 12/ 16

S.F. 2205 rules in order to assess the effects of current and proposed 1 environmental protection agency and department of natural 2 resources rules on Iowa cities over a ten-year period. 3 1. Commission membership. The commission shall consist of 4 the following members: 5 a. The director of the department of natural resources or 6 designee. 7 b. Three environmental group representatives, to be 8 appointed by the governor and to serve at the pleasure of the 9 governor. 10 c. Two city representatives, to be appointed by the governor 11 and to serve at the pleasure of the governor. 12 d. Two county representatives, to be appointed by the 13 governor and to serve at the pleasure of the governor. 14 e. Four members of the general assembly serving as 15 ex officio, nonvoting members, one representative to be 16 appointed by the speaker of the house of representatives, one 17 representative to be appointed by the minority leader of the 18 house of representatives, one senator to be appointed by the 19 majority leader of the senate after consultation with the 20 president of the senate, and one senator to be appointed by the 21 minority leader of the senate. 22 2. Organization and operation. 23 a. The commission shall select its own chairperson and 24 establish its rules of procedure. 25 b. By December 1, 2012, the commission shall hold at least 26 three public hearings throughout Iowa to listen to the concerns 27 of Iowa citizens. 28 c. The commission may also meet as deemed necessary by the 29 chairperson. 30 d. A majority of the members of the commission shall 31 constitute a quorum. 32 e. Members shall serve without compensation, but may be 33 reimbursed for actual expenses. 34 f. The economic development authority shall provide staff 35 -13- LSB 5716XS (4) 84 jr/rj 13/ 16

S.F. 2205 support for the commission. 1 3. Report. The commission shall submit recommendations 2 to the general assembly, the office of lean enterprise, and 3 the governor on or before January 15, 2013, identifying rules, 4 policies, or procedures for which the negative effects on 5 Iowa’s cities outweigh the intended benefits, and identifying 6 rules, policies, or procedures for which the benefits on Iowa’s 7 cities outweigh the negative effects. 8 4. Termination. The commission shall terminate upon 9 submission of its report to the general assembly. 10 EXPLANATION 11 This bill relates to the administrative rulemaking process 12 utilized by state agencies. 13 The bill amends Code section 17A.1 to provide that it is the 14 intention of the law to apply a consistent, full-time effort 15 toward making a rulemaking climate “which is more hospitable, 16 obtains more input from the citizens of Iowa and is more 17 transparent”. 18 The bill amends Code section 17A.4 to require administrative 19 agencies, when feasible, to hold rulemaking hearings in 20 varied locations throughout the state and to allow citizens to 21 participate in administrative rules hearings remotely through 22 electronic means. 23 The bill requires that every adopted rule must be 24 accompanied by a concise statement of the principal reasons 25 for and against the rule adopted. Under current law such a 26 statement is only provided on request. 27 The bill also provides that so-called “emergency” rules, 28 adopted without notice and public participation, are in effect 29 for only 180 days. 30 The bill amends Code section 17A.4A to revise the procedure 31 for requesting a regulatory analysis for proposed rules. 32 This analysis required under current law is essentially a 33 cost-benefit study identifying the impact of a rule on the 34 affected public and, in the case of a rule that would have a 35 -14- LSB 5716XS (4) 84 jr/rj 14/ 16

S.F. 2205 substantial impact on small business, the regulatory analysis 1 must contain a discussion of whether it would be feasible and 2 practicable to reduce the impact of the rule on small business. 3 The bill requires an analysis on every new rule which has an 4 adverse impact on small business and requires the analysis to 5 be published in the Iowa administrative bulletin along with the 6 new rule. If an agency determines that it would not be legal 7 and feasible to reduce the adverse impact on small business, a 8 small business would have judicial standing to challenge that 9 determination in district court. The bill also requires a 10 periodic review of all rules to minimize the economic impact 11 of the rules on small businesses. The initial review must be 12 completed by July 1, 2013, and will be repeated every five 13 years. 14 The bill creates new Code section 17A.4B to provide that if 15 required by statute, an agency shall create an ad hoc group to 16 review draft rule proposals prior to commencing a rulemaking 17 proceeding. Where a statute does not require this review, the 18 bill allows an agency to create such a review group. Members 19 are appointed by the agency and the composition must adequately 20 represent a fair balance of the interests affected by the rule. 21 Once such a group is created, the agency may only commence 22 rulemaking after the group has considered the draft rule 23 proposal in question. The bill is based on similar provisions 24 found in the federal Administrative Procedures Act. 25 The bill creates new Code section 17A.6A to require that each 26 agency make available a searchable database and internet site 27 detailing all of the rules promulgated by the agency. 28 The bill amends Code section 17A.7 to require that each 29 agency review all of its administrative rules on a five-year 30 cycle. 31 The bill amends Code section 17A.23 to establish a new rule 32 of statutory construction: Unless otherwise specifically 33 provided in statute, any grant of rulemaking authority shall 34 be construed narrowly. 35 -15- LSB 5716XS (4) 84 jr/rj 15/ 16

S.F. 2205 The bill creates Code section 17A.24 which provides that 1 state implementation of a federal statute, regulation, or 2 policy by a state administrative agency shall not exceed the 3 specific requirements of the federal statute, regulation, 4 or policy, except as specifically allowed by state law. 5 Any portion of a state rule or policy in violation of this 6 requirement is void. 7 The bill creates a commission to comprehensively review 8 and assess the effects of current and proposed environmental 9 protection and department of natural resources rules on 10 Iowa cities over a 10-year period. The bill defines the 11 commission’s membership, mandates at least three public 12 hearings throughout Iowa, and establishes basic rules for the 13 commission. The commission terminates upon submission of its 14 report in January of 2013. 15 -16- LSB 5716XS (4) 84 jr/rj 16/ 16