PrintProposing rule making related to rules review and providing an opportunity for public comment
The Economic Development Authority hereby proposes to rescind Chapter 4, “Workforce Development Accountability System,” Chapter 27, “Neighborhood Stabilization Program,” Chapter 32, “Tax Credits for Economic Development Region Revolving Loan Fund,” Chapter 34, “Welcome Center Program,” Chapter 35, “Regional Tourism Marketing Grant Program,” Chapter 37, “City Development Board,” Chapter 40, “Iowa Jobs Main Street Program,” Chapter 41, “Community Development Fund,” Chapter 46, “Endow Iowa Grants Program,” Chapter 70, “Port Authority Grant Program,” Chapter 78, “Small Business Disaster Recovery Financial Assistance Program,” Chapter 79, “Disaster Recovery Business Rental Assistance Program,” and Chapter 164, “Use of Marketing Logo,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 15.106A.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 15.108, 15.109, 15.271, 15.272, 15E.304, 84A.5 and 99F.11; 2010 Iowa Acts, Senate File 2389; 2001 Iowa Acts, House File 718; and 2006 Iowa Acts, House File 2782.Purpose and Summary Pursuant to Part IV of Executive Order 10, the Authority has been directed to propose this Notice of Intended Action. The Authority proposes to rescind chapters that are outdated or redundant. Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Authority for a waiver of the discretionary provisions, if any, pursuant to 261—Chapter 199. Public Comment Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Authority no later than 4:30 p.m. on June 6, 2023. Comments should be directed to: Lisa Connell Iowa Economic Development Authority 1963 Bell Avenue, Suite 200 Des Moines, Iowa 50315 Phone: 515.348.6163 Email: lisa.connell@iowaeda.com Public Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6). The following rule-making actions are proposed:
ITEM 1. Rescind and reserve 261—Chapter 4. ITEM 2. Rescind and reserve 261—Chapter 27. ITEM 3. Rescind and reserve 261—Chapter 32. ITEM 4. Rescind and reserve 261—Chapter 34. ITEM 5. Rescind and reserve 261—Chapter 35. ITEM 6. Rescind and reserve 261—Chapter 37. ITEM 7. Rescind and reserve 261—Chapter 40. ITEM 8. Rescind and reserve 261—Chapter 41. ITEM 9. Rescind and reserve 261—Chapter 46. ITEM 10. Rescind and reserve 261—Chapter 70. ITEM 11. Rescind and reserve 261—Chapter 78. ITEM 12. Rescind and reserve 261—Chapter 79. ITEM 13. Rescind and reserve 261—Chapter 164.ARC 7015CVoter Registration Commission[821]Notice of TerminationTerminating rule making related to five-year review of rules
The Voter Registration Commission hereby terminates the rule making initiated by its Notice of Intended Action published in the Iowa Administrative Bulletin on December 28, 2022, as ARC 6772C, proposing to amend Chapter 1, “Organization, Purpose, Procedures and Definitions,” Chapter 2, “Voter Registration Forms, Acceptability, Registration Dates, and Effective Dates,” Chapter 3, “Lists of Registered Voters,” Chapter 7, “Voter Registration Mailing Address Maintenance,” and Chapter 9, “National Change of Address Program,” Iowa Administrative Code. Legal Authority for Rule Making The above-mentioned rule making is terminated under the authority provided in Iowa Code section 47.8.Purpose and Summary The Commission undertook a review of all of its rules as required by Iowa Code section 17A.7. The Commission intended to conform its rules with the Iowa Code, provide updates to citations, and clarify which version of the Iowa Voter Registration Application is official. The Commission also intended to update Chapter 3 to include clarification that voter list requests must be made in writing and what information the requester is required to provide and to provide a clearer definition of “political purpose” that is already utilized in the Iowa Code.Reason for Termination The Commission met on Monday, April 17, 2023, and Friday, April 21, 2023, to discuss the comments received from the public during the comment period and the comments made at the public hearing held Monday, March 13, 2023. At the conclusion of its deliberation at the April 21, 2023, meeting, the Commission voted unanimously to terminate the proposed rule making.Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).
ARC 7018CAdministrative Services Department[11]Adopted and FiledRule making related to five-year rules review
The Administrative Services Department hereby amends Chapter 1, “Department Organization,” Chapter 4, “Public Records and Fair Information Practices,” and Chapter 6, “Agency Procedure for Rule Making”; rescinds Chapter 20, “Information Technology Governance,” Chapter 25, “Information Technology Operational Standards,” and Chapter 26, “Information Technology Development Strategies and Activities”; and amends Chapter 41, “Auditing Claims,” Chapter 100, “Capitol Complex Operations,” and Chapter 118, “Purchasing Standards for Service Contracts,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 8A.104, 17A.3 and 17A.4.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code sections 8A.104 and 17A.7(2).Purpose and Summary This rule making includes amendments in nine of the Department’s chapters of administrative rules in the Iowa Administrative Code. These amendments include updates of the Department’s organizational references in addition to processes and procedures. All are part of the Department’s five-year review of rules.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on February 8, 2023, as ARC 6883C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Department on April 24, 2023.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers The Department will not grant waivers under the provisions of these rules, other than as may be allowed under Chapter 9 of the Department’s rules concerning waivers.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on June 21, 2023. The following rule-making actions are adopted:
ITEM 1. Amend paragraph 1.4(3)"b" as follows: b. Other functions.The state accounting enterprise also includes financial reporting, the I/3 programenterprise resource planning team, and centralized payroll. ITEM 2. Amend subrule 1.4(6) as follows: 1.4(6) Central procurement,and fleet, and print services enterprise. The chief operating officer of the enterprise is appointed by the director and directs the work of the enterprise. a. Central procurement is charged with procuring goods and services for agencies pursuant to Iowa Code chapter 8A. These rules and applicable Iowa Code sections apply to the purchase of goods and services of general use by any unit of the state executive branch, except any agencies or instrumentalities of the state exempted by law. b. Central procurement shall manage statewide purchasing and electronic procurement, including managing procurement of commodities, equipment and services for all state agencies not exempted by law. c. b. Fleet services is responsible for the management ofvehicle assignment, maintenance, fuel guidelines, driver guidelines, insurance, life-cycle analysis, vehicular risk, and travel requirements for state agencies not exempted by law. c. Print services is responsible for operating a centralized print facility and satellite facilities necessary to meet the printing requirements of state agencies not exempted by law. ITEM 3. Rescind subrule 4.15(10). ITEM 4. Renumber subrules 4.15(11) to 4.15(21) as 4.15(10) to 4.15(20). ITEM 5. Amend 11—Chapter 6, implementation sentence, as follows: These rules are intended to implement Iowa Code chapterchapters 8A and17Aand 2003 Iowa Code Supplement chapter 8A. ITEM 6. Rescind and reserve 11—Chapter 20. ITEM 7. Rescind and reserve 11—Chapter 25. ITEM 8. Rescind and reserve 11—Chapter 26. ITEM 9. Amend paragraph 41.5(3)"a" as follows: a. All state agencies covered by the statewide travel agency contracts may purchase airline tickets through a travel agency under contract. Agencies shall develop internal policies so that agencies purchase or direct their employees to purchase tickets from the source determined by the agency to be the best value. ITEM 10. Amend subrule 41.5(7) as follows: 41.5(7) Verification of mileage. The travel shall be by the usually traveled route. Mileage shall be based onpublished mileage published by the American Automobile Association, when available. Any variation from the published mileage should be documented in writing. ITEM 11. Rescind subrules 41.7(4) and 41.7(5). ITEM 12. Renumber subrules 41.7(6) to 41.7(8) as 41.7(4) to 41.7(6). ITEM 13. Amend paragraph 100.6(6)"a" as follows: a. Purchase from a targeted small business.An agency may purchase standard modular office systems and related components and other furniture items from a targeted small business (TSB) without further competition when the purchase will not exceed $10,000,the threshold established in 11—subrule 117.5(2), as provided in Iowa Code section 8A.311(10)“a.” ITEM 14. Amend rule 11—118.3(8A), definition of “Service,” as follows: "Service" "services" means work performed for a state agency or for its clients by a service provider and includes, but is not limited to:- Professional or technical expertise provided by a consultant, advisor or other technical or service provider to accomplish a specific study, review, project, task, or other work as described in the scope of work. By way of example and not by limitation, these services may include the following: accounting services; aerial surveys; aerial mapping and seeding; appraisal services; land surveying services; construction manager services; analysis and assessment of processes, programs, fiscal impact, compliance, systems and the like; auditing services; communications services; services of peer reviewers, attorneys, financial advisors, and expert witnesses for litigation; architectural services; information technology consulting services; services of investment advisors and managers; marketing services; policy development and recommendations; program development; public involvement services and strategies; research services; scientific and related technical services; software development and system design; and services of underwriters, physicians,and pharmacists, engineers, and architects; or
- Services provided by a vendor to accomplish routine functions. These services contribute to the day-to-day operations of state government. By way of example and not by limitation, these services may include the following: ambulance service; charter service; boiler testing; bookkeeping service; building alarm systems service and repair; commercial laundry service; communications systems installation, servicing and repair; court reporting and transcription services; engraving service; equipment or machine installation, preventive maintenance, inspection, calibration and repair; heating, ventilation and air conditioning (HVAC) system maintenance service; janitorial service; painting; pest and weed control service; grounds maintenance, mowing, parking lot sweeping and snow removal service; towing service; translation services; and travel service.
Rule making related to licensing regulation, veterans and military spouses
The Professional Licensing and Regulation Bureau hereby amends Chapter 14, “Alternative Paths to Licensure,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code sections 546.3 and 546.10 and 2022 Iowa Acts, Senate File 2383.State or Federal Law Implemented This rule making implements, in whole or in part, 2022 Iowa Acts, Senate File 2383.Purpose and Summary This rule making revises license by verification rules to comply with 2022 Iowa Acts, Senate File 2383, which removed residency and active duty requirements from the license by verification process for applicants seeking professional licensure who have been licensed in another state. This rule making also adds military spouses as individuals who can be licensed under special veteran reciprocity rules.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on March 8, 2023, as ARC 6946C. A public hearing was held on March 28, 2023, at 10 a.m. at 200 East Grand Avenue, Suite 350, Des Moines, Iowa. No one attended the public hearing. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Accountancy Examining Board on April 17, 2023; the Architectural Examining Board on April 13, 2023; the Engineering and Land Surveying Examining Board on April 24, 2023; the Interior Design Examining Board on April 21, 2023; the Landscape Architectural Examining Board on April 17, 2023; and the Real Estate Commission on April 24, 2023.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, there is a potential positive impact on jobs because individuals who may have been ineligible for licensure may become eligible for licensure. Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Bureau for a waiver of the discretionary provisions, if any, pursuant to 193—Chapter 5. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on June 21, 2023. The following rule-making actions are adopted:
ITEM 1. Adopt the following new definition of “Spouse” in rule 193—14.1(272C): "Spouse" means a spouse of an active duty member of the military forces of the United States. ITEM 2. Amend rule 193—14.3(272C) as follows:193—14.3(272C) Veteran and spouse reciprocity. 14.3(1) A veteran or spouse with an unrestricted professional license in another jurisdiction may apply for licensure in Iowa through reciprocity. A veteran or spouse must pass any examinations required for licensure to be eligible for licensure through reciprocity and will be given credit for examinations previously passed when consistent with board laws and rules on examination requirements. A fully completed application for licensure submitted by a veteran or spouse under this subrule shall be given priority and shall be expedited. 14.3(2) Such an application shall contain all of the information required of all applicants for licensure who hold unrestricted licenses in other jurisdictions and who are applying for licensure by reciprocity, including, but not limited to, completion of all required forms, payment of applicable fees, disclosure of criminal or disciplinary history, and, if applicable, a criminal history background check. The applicant shall use the same forms as any other applicant for licensure by reciprocity and shall additionally provide such documentation as is reasonably needed to verify the applicant’s status as a veteran under Iowa Code section 35.1(2)or a spouse of an active duty member of the military forces of the United States. 14.3(3) Upon receipt of a fully completed licensure application, the board shall promptly determine if the professional or occupational licensing requirements ofscope of practice in the jurisdiction where the applicant is licensed areis substantially equivalent to the licensing requirementsscope of practice in Iowa. The board shall make this determination based on information supplied by the applicant and such additional information as the board may acquire from the applicable jurisdiction. As relevant to the license at issue, the board may consider the following factors in determining substantial equivalence: scope of practice, education and coursework, degree requirements, postgraduate experience, and examinations required for licensure. 14.3(4) The board shall promptly grant a license to the applicant if the applicant is licensed in the same or similar profession in another jurisdiction whose licensure requirements arescope of practice is substantially equivalent to those requiredthe scope of practice in Iowa, unless the applicant is ineligible for licensure based on other grounds, for example, the applicant’s disciplinary or criminal backgroundor the licensee is not in good standing in all issuing jurisdictions in which the person holds a license, certificate, or registration. 14.3(5) If the board determines that the licensing requirementsscope of practice in the jurisdiction in which the applicant is licensed areis not substantially equivalent to those requiredthe scope of practice in Iowa, the board shall promptly inform the applicant of the additional experience, education, or examinationstraining required for licensure in Iowa. Unless the applicant is ineligible for licensure based on other grounds, such as disciplinary or criminal background, the following shall apply: a. If an applicant has not passed the required examination(s) for licensure, the applicant may not be issued a provisionaltemporary license but may request that the licensure application be placed in pending status for up to one year or as mutually agreed to provide the applicant with the opportunity to satisfy the examination requirements. b. If additional experience or educationor training is required in order for the applicant’s qualifications to be considered substantially equivalent, the applicant may request that the board issue a provisionaltemporary license for a specified period of time during which the applicant will successfully complete the necessary experience or educationor training. The board shall issue a provisionaltemporary license for a specified period of time upon such conditions as the board deems reasonably necessary to protect the health, welfare or safety of the public unless the board determines that the deficiency is of a character that the public health, welfare or safety will be adversely affected if a provisionaltemporary license is granted. c. If a request for a provisionaltemporary license is denied, the board shall issue an order fully explaining the decision and shall inform the applicant of the steps the applicant may take in order to receive a provisionaltemporary license. d. If a provisionaltemporary license is issued, the application for full licensure shall be placed in pending status until the necessary experience or educationor training has been successfully completed or the provisionaltemporary license expires, whichever occurs first. The board may extend a provisionaltemporary license on a case-by-case basis for good cause. 14.3(6) An applicant who is aggrieved by the board’s decision to deny an application for a reciprocal license or a provisionaltemporary license or is aggrieved by the terms under which a provisionaltemporary license will be granted may request a contested case (administrative hearing) and may participate in a contested case by telephone. A request for a contested case shall be made within 30 days of issuance of the board’s decision. The provisions of 193—Chapter 7 shall apply, except that no fees or costs shall be assessed against the applicant in connection with a contested case conducted pursuant to this subrule. 14.3(7) The licensure requirements for some professions regulated by the boards are very similar or identical across jurisdictions. Given federal mandates, for instance, the requirements to become certified as a real estate appraiser authorized to perform appraisals for federally related transactions are substantially the same nationwide. The requirements to become certified as a certified public accountant are also substantially equivalent nationwide as long as the certified public accountant also holds a license or permit to practice in those jurisdictions which have a two-tiered system of issuing a certificate and a separate license or permit to practice public accounting. For other professions, the applicant is encouraged to consult with board staff prior to submitting an application for reciprocal licensure to determine in advance whether there are jurisdictional variations that may impact reciprocal licensure. ITEM 3. Amend subrule 14.4(1) as follows: 14.4(1) Eligibility. A person may seek licensure by verification if the person is licensed in at least one other jurisdiction that has a scope of practice substantially similar to that of Iowa., and either: a. The person establishes residency in the state of Iowa; or b. The person is married to an active duty member of the military forces of the United States and is accompanying the member on an official permanent change of station to a military installation located in the state of Iowa. ITEM 4. Amend subrule 14.4(2) as follows: 14.4(2) Board application. The applicant must submit the following: a. A completed application for licensure by verification. b. Payment of the application fee. c. Completed fingerprint cards and a signed waiver form to facilitate a national criminal history background check, if required for initial licensure by the board. d. A verification form completed by the licensing authority in the jurisdiction that issued the applicant’s license, verifying that the applicant’s license in that jurisdiction complies with the requirements of Iowa Code section 272C.12. The completed verification form must be sent directly from the licensing authority to the board. e. Proof of residency in the state of Iowa or proof of military member’s official permanent change of station. Proof of residency includes: (1) Residential mortgage, lease, or rental agreement; (2) Utility bill; (3) Bank statement; (4) Paycheck or pay stub; (5) Property tax statement; (6) A federal or state government document; or (7) Any other board-approved document that reliably confirms Iowa residency. f. e. A copy of the complete criminal record, if the applicant has a criminal history. g. f. A copy of relevant disciplinary documents, if another jurisdiction has taken disciplinary action against the applicant. h. g. Copies of relevant laws setting forth the scope of practice in the other state. ITEM 5. Rescind subrule 14.4(5). ITEM 6. Renumber subrule 14.4(6) as 14.4(5). [Filed 4/24/23, effective 6/21/23][Published 5/17/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 5/17/23.ARC 7013CProfessional Licensure Division[645]Adopted and FiledRule making related to licensing regulation, veterans and military spouses
The Professional Licensure Division hereby amends Chapter 19, “Licensure by Verification and of Applicants with Work Experience,” and Chapter 20, “Military Service and Veteran Reciprocity,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code chapter 272C.State or Federal Law Implemented This rule making implements, in whole or in part, 2022 Iowa Acts, Senate File 2383.Purpose and Summary This rule making revises license by verification rules to comply with 2022 Iowa Acts, Senate File 2383, which removed residency and active duty requirements from the license by verification process for applicants seeking professional licensure who have been licensed in another state. This rule making also adds military spouses as individuals who can be licensed under special veteran reciprocity rules.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on March 8, 2023, as ARC 6943C. A public hearing was held on March 28, 2023, at 9 a.m. in the Fifth Floor Board Conference Room 526, Lucas State Office Building, Des Moines, Iowa. No one attended the public hearing. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Division on April 12, 2023.Fiscal Impact This rule making has no fiscal impact to the State of Iowa.Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers A waiver provision is not included in this rule making because all administrative rules of the professional licensure boards in the Professional Licensure Division are subject to the waiver provisions accorded under 645—Chapter 18.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on June 21, 2023. The following rule-making actions are adopted:
ITEM 1. Amend subrule 19.1(1) as follows: 19.1(1) Eligibility. A person may seek licensure by verification if the person is licensed in at least one other jurisdiction that has a scope of practice substantially similar to that of Iowa., the person has been licensed for a minimum of one year in the other jurisdiction, and either: a. The person establishes residency in the state of Iowa; or b. The person is married to an active duty member of the military forces of the United States and is accompanying the member on an official permanent change of station to a military installation located in the state of Iowa. ITEM 2. Amend subrule 19.1(2) as follows: 19.1(2) Board application. The applicant must submit the following: a. A completed application for licensure by verification. b. Payment of the application fee. c. Completed fingerprint cards and a signed waiver form to facilitate a national criminal history background check, if required for initial licensure by the board. d. A verification form, completed by the licensing authority in the jurisdiction that issued the applicant’s license, verifying that the applicant’s license in that jurisdiction complies with the requirements of Iowa Code section 272C.12. The completed verification form must be sent directly from the licensing authority to the board. e. Proof of residency in the state of Iowa or proof of military member’s official permanent change of station. Proof of residency includes: (1) A residential mortgage, lease, or rental agreement; (2) A utility bill; (3) A bank statement; (4) A paycheck or pay stub; (5) A property tax statement; (6) A federal or state government document; or (7) Any other board-approved document that reliably confirms Iowa residency. f. e. A copy of the complete criminal record if the applicant has a criminal history. g. f. A copy of the relevant disciplinary documents if another jurisdiction has taken disciplinary action against the applicant. h. g. A written statement from the applicant detailing the scope of practice in the other state. i. h. Copies of relevant laws setting forth the scope of practice in the other state. ITEM 3. Rescind subrule 19.1(5). ITEM 4. Amend rule 645—20.1(272C) as follows:645—20.1(272C) Definitions. "Board" means a licensing board within the professional licensure division. "License" "licensure" means any license, registration, certificate, or permit that may be granted by a licensing board within the professional licensure division. "Military service" means honorably serving on federal active duty, state active duty, or national guard duty, as defined in Iowa Code section 29A.1; in the military services of other states, as provided in 10 U.S.C. Section 101(c); or in the organized reserves of the United States, as provided in 10 U.S.C. Section 10101. "Military service applicant" means an individual requesting credit toward licensure for military education, training, or service obtained or completed in military service. "Spouse" means a spouse of an active duty member of the military forces of the United States. "Veteran" means an individual who meets the definition of “veteran” in Iowa Code section 35.1(2). ITEM 5. Amend rule 645—20.3(272C) as follows:645—20.3(272C) Veteran reciprocity. 20.3(1) A veteran or spouse with an unrestricted professional license in another jurisdiction may apply for licensure in Iowa through reciprocity. A veteran or spouse must pass any examinations required for licensure to be eligible for licensure through reciprocity and will be given credit for examinations previously passed when consistent with board laws and rules on examination requirements. A fully completed application for licensure submitted by a veteran or spouse under this subrule shall be given priority and shall be expedited. 20.3(2) Such an application shall contain all of the information required of all applicants for licensure who hold unrestricted licenses in other jurisdictions and who are applying for licensure by reciprocity, including, but not limited to, completion of all required forms, payment of applicable fees, disclosure of criminal or disciplinary history, and, if applicable, a criminal history background check. The applicant shall use the same forms as any other applicant for licensure by reciprocity and shall additionally provide such documentation as is reasonably needed to verify the applicant’s status as a veteran under Iowa Code section 35.1(2)or a spouse of an active duty member of the military forces of the United States. 20.3(3) Upon receipt of a fully completed licensure application, the board shall promptly determine if the professional or occupational licensing requirements ofscope of practice in the jurisdiction where the applicant is licensed areis substantially equivalent to the licensing requirementsscope of practice in Iowa. The board shall make this determination based on information supplied by the applicant and such additional information as the board may acquire from the applicable jurisdiction. As relevant to the license at issue, the board may consider the following factors in determining substantial equivalence: scope of practice, education and coursework, degree requirements, postgraduate experience, and examinations required for licensure. 20.3(4) The board shall promptly grant a license to the applicant if the applicant is licensed in the same or similar profession in another jurisdiction whose licensure requirements arescope of practice is substantially equivalent to those requiredthe scope of practice in Iowa, unless the applicant is ineligible for licensure based on other grounds, for example, the applicant’s disciplinary or criminal background. 20.3(5) If the board determines that the licensing requirementsscope of practice in the jurisdiction in which the applicant is licensed areis not substantially equivalent to those requiredthe scope of practice in Iowa, the board shall promptly inform the applicant of the additional experience, education, or examinationstraining required for licensure in Iowa. Unless the applicant is ineligible for licensure based on other grounds, such as disciplinary or criminal background, the following shall apply: a. If an applicant has not passed the required examination(s) for licensure, the applicant may not be issued a provisionaltemporary license, but may request that the licensure application be placed in pending status for up to one year or as mutually agreed to provide the applicant with the opportunity to satisfy the examination requirements. b. If additional experience or educationor training is required in order for the applicant’s qualifications to be considered substantially equivalent, the applicant may request that the board issue a provisionaltemporary license for a specified period of time during which the applicant will successfully complete the necessary experience or educationor training. The board shall issue a provisionaltemporary license for a specified period of time upon such conditions as the board deems reasonably necessary to protect the health, welfare or safety of the public unless the board determines that the deficiency is of a character that the public health, welfare or safety will be adversely affected if a provisionaltemporary license is granted. c. If a request for a provisionaltemporary license is denied, the board shall issue an order fully explaining the decision and shall inform the applicant of the steps the applicant may take in order to receive a provisionaltemporary license. d. If a provisionaltemporary license is issued, the application for full licensure shall be placed in pending status until the necessary experience or educationor training has been successfully completed or the provisionaltemporary license expires, whichever occurs first. The board may extend a provisionaltemporary license on a case-by-case basis for good cause. 20.3(6) An applicant who is aggrieved by the board’s decision to deny an application for a reciprocal license or a provisionaltemporary license or is aggrieved by the terms under which a provisionaltemporary license will be granted may request a contested case (administrative hearing) and may participate in a contested case by telephone. A request for a contested case shall be made within 30 days of issuance of the board’s decision. The provisions of 645—Chapter 11 shall apply, except that no fees or costs shall be assessed against the applicant in connection with a contested case conducted pursuant to this subrule. [Filed 4/17/23, effective 6/21/23][Published 5/17/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 5/17/23.ARC 7019CRevenue Department[701]Adopted and FiledRule making related to electric fuel excise tax
The Revenue Department hereby amends Chapter 260, “Motor Fuel and Undyed Special Fuel,” renumbers Chapter 262, “Administration of Marijuana and Controlled Substances Stamp Tax,” as Chapter 269 and adopts a new Chapter 262, “Electric Fuel Excise Tax,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 452A.59 as amended by 2019 Iowa Acts, House File 767.State or Federal Law Implemented This rule making implements, in whole or in part, 2019 Iowa Acts, House File 767, and 2023 Iowa Acts, House File 666.Purpose and Summary The Department has adopted this rule making to implement the excise tax on electric fuel, enacted by the Iowa Legislature in 2019 Iowa Acts, House File 767, that will become effective July 1, 2023. These rules provide guidance as to what entities need to obtain a license to sell or dispense electric fuel either as a user, dealer, or both. The rules make clear that all administration of this excise tax—license registration, return filing, tax payments, and claims for refunds—will be handled electronically through GovConnectIowa. The Department shared an early draft of these rules with stakeholders and incorporated many suggested changes into the published Notice. Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on February 22, 2023, as ARC 6921C. A public hearing was held on March 14, 2023, at 10 a.m. in Room 1 NW, Hoover State Office Building, 1305 East Walnut Street, Des Moines, Iowa. The Department received six written comments in response to the published Notice, including one joint statement from four entities, and two people attended the public hearing. Several comments urged the Department to delay the implementation of the tax or phase in the effectiveness based on when certain charging stations were installed. One comment implored the Department to not implement the tax because it will discourage individuals from purchasing electric vehicles. Because these issues relate to provisions enacted by the Legislature in 2019 Iowa Acts, House File 767, and not the Department’s rules, there are no changes the Department can make to address them. The Department received questions about whether municipally or county-owned entities need licenses. The Department has added a paragraph to subrule 262.2(1) to provide guidance for entities that only dispense nontaxable electric fuel, such as municipal utility companies that own charging stations used to charge public vehicles. The Department has also modified subrule 262.3(4) to clarify how licensed dealers or users with multiple licenses should report the tax due on the tax return. The most popular topic for comment, both for the preliminary draft and for the published Notice, was the testing of charging stations. Iowa Code section 452A.41(3) as enacted by House File 767 tasked the Department with testing charging stations. After discussions between the Department and the Iowa Department of Agriculture and Land Stewardship (IDALS), which is responsible for testing and regulating motor fuel pumps, IDALS agreed to assume responsibility of charging station testing. 2023 Iowa Acts, House File 666, makes that statutory change. IDALS will test all charging stations owned by licensed electric fuel dealers and users every two years using standards as provided in House File 666. IDALS will report back to the Department when a charging station does not comply with its standards. IDALS has rule-making authority to further implement its responsibility as needed. The Department has modified subrule 262.4(2) to reflect the statutory change.Adoption of Rule Making This rule making was adopted by the Department on May 3, 2023.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 701—7.28(17A).Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on July 1, 2023. The following rule-making actions are adopted:
ITEM 1. Amend rule 701—260.13(452A) as follows:701—260.13(452A) Reduction of refund—sales and use tax. Under Iowa Code section 423.3(56), the sales price from the sale of motor fuel,and special fuel, and electric fuel consumed for highway use or in watercraft or aircraft where the fuel tax has been imposed and paid, and no refund has been or will be allowed, is exempt from Iowa sales and use tax. Therefore, unless the fuel is used for some other exempt purpose under Iowa Code section 423.3 (e.g., used for processing, used for agricultural purposes, used by an exempt government entity, used by a private nonprofit educational institution), or the fuel is lost through a casualty, the refund of taxes on motor fuel,or special fuel, or electric fuel will be reduced by the applicable sales and use tax. See sales tax rule 701—18.37(422,423)Rule 701—220.2(423) contains more information about sales tax. The sales price upon which the sales and use tax will be applied shall include all federal excise taxes, but will not include the Iowa fuel tax. This rule is intended to implement Iowa Code section 452A.17. ITEM 2. Renumber 701—Chapter 262 as 701—Chapter 269. ITEM 3. Adopt the following new 701—Chapter 262: CHAPTER 262ELECTRIC FUEL EXCISE TAX701—262.1(452A) Tax imposed. Electric fuel excise tax must be remitted to the department by a licensed electric fuel dealer or licensed electric fuel user regardless of whether the licensed electric fuel dealer or licensed electric fuel user sells the fuel or gives the fuel to customers for no charge. This tax shall be calculated based on the kilowatt-hours of electric fuel delivered. This rule is intended to implement Iowa Code section 452A.41.701—262.2(452A) Licensing. 262.2(1) License requirements. a. License required.A person shall not sell or dispense electric fuel within this state at a location other than a residence or otherwise act as a licensed electric fuel dealer or user without a license. The holder of an electric fuel user’s license is authorized to dispense electric fuel, measured in kilowatt-hours, into the batteries or other energy storage devices of electric motor vehicles owned or controlled by the holder. b. No license required for residential charging.A person may dispense electric fuel at a residence without a license. “Residence” is defined in Iowa Code section 452A.40. For purposes of this rule, “residence” includes apartment buildings or other multiresidential facilities and houses regardless of whether the owner lives in the house. “Residence” does not include hotels, including extended-stay hotels, motels, or other facilities rented to transient guests. c. No license required for entities only dispensing nontaxable electric fuel.A person that only sells or dispenses electric fuel for which an exemption or refund may be claimed is not required to obtain a license to dispense such fuel. 262.2(2) License applications. Applications for a license must be filed electronically via GovConnectIowa and must be complete with all information required under Iowa Code section 452A.42(2). Applications must indicate the date on which the applicant began or plans to begin selling or dispensing electric fuel. 262.2(3) Electric fuel users. An electric fuel user’s license does not grant authority to the holder of the license to sell or dispense electric fuel to consumers. A person wishing to sell or dispense fuel for vehicles the person owns or controls as well as to a consumer shall obtain both an electric fuel user’s license and an electric fuel dealer’s license for each location from which electric fuel will be sold or dispensed. 262.2(4) No fee imposed. There is no fee to apply for or hold a license to sell or dispense electric fuel. 262.2(5) License for each place of business or location. A license is required for each separate place of business or location where electric fuel is placed into the battery or other storage device of an electric vehicle. 262.2(6) Denial of license application. The department may deny a license for any of the reasons provided in Iowa Code section 452A.42(4). 262.2(7) Bonding procedures. Existing license holders may be requested to post a bond or security when they have had two or more delinquencies in remitting the electric fuel tax or filing returns timely during the past 12 months. The bond or security will be an amount sufficient to cover 12 months’ electric fuel tax liability or $500, whichever is greater. The simultaneous late filing of the return and late payment of the tax will count as one delinquency. However, the late filing of the return or late payment of the tax will not count as a delinquency if the license holder can satisfy one of the penalty waiver conditions set forth in Iowa Code section 421.27. More information regarding waiver of bond is available in 701—paragraph 259.21(1)“e.” This rule is intended to implement Iowa Code sections 452A.17 and 452A.42.701—262.3(452A) Filing of returns and payment of tax. 262.3(1) Required information on returns. Licensed dealers and users of electric fuel must file with the department a biannual electric fuel excise tax return showing for each location where electric fuel is placed into the battery or other storage device of an electric vehicle the following information: a. The name and license number of the entity that owns the charging facility. b. In the case of a sole proprietorship, the individual owner’s name. c. In the case of a partnership, the names of all partners. d. The location of the facility. e. Total number of kilowatt-hours delivered or placed into the battery or other storage device of an electric vehicle. 262.3(2) Return and payment due date. The electric fuel excise tax return shall be filed with the department no later than the last date of the month following the close of the tax periods prescribed in Iowa Code section 452A.41. The return shall be accompanied by remittance of the tax due for the period of the return. 262.3(3) Electronic filing required. Returns must be filed and payments are to be remitted electronically through govconnect.iowa.gov. 262.3(4) Consolidated return. A license holder holding more than one license shall file one consolidated return reporting sales made at all locations for which a license is held. 262.3(5) International Fuel Tax Agreement returns not impacted. The electric fuel excise tax return is separate and independent from the tax returns required under the International Fuel Tax Agreement. This rule is intended to implement Iowa Code section 452A.41.701—262.4(452A) Charging station verification and testing. 262.4(1) Reporting of kilowatt-hours. a. Licensed dealers and users may rely upon the following methods to determine kilowatt-hours sold for reporting on a return: (1) Electric meters on which only electricity sold as electric fuel is measured. (2) Software included in a charging station that tracks kilowatt-hours that flow through the station. b. If neither subparagraph 262.4(1)“a”(1) or 262.4(1)“a”(2) is available, prior to filing any returns, licensed dealers and users shall contact the department for approval of a method to calculate electricity used as electric fuel as determined by an electricity study. 262.4(2) Testing of charging stations. The department of agriculture and land stewardship shall test all charging stations owned by licensed dealers and users pursuant to standards set forth in Iowa Code section 452A.41. The department of agriculture and land stewardship will report to the department any charging station that is not compliant with those standards. This rule is intended to implement Iowa Code section 452A.41.701—262.5(452A) Refunds. 262.5(1) Filing of refund claim. Taxpayers seeking to claim a refund of electric fuel tax must obtain a refund permit pursuant to Iowa Code section 452A.44. Because returns will be filed and tax paid on a biannual basis, refund claims may be filed and will only be processed on a biannual basis after the tax period for which the refund is sought has closed. 262.5(2) Sales tax. Electric fuel used in an exempt manner may be subject to sales tax. Rule 701—260.13(452A) contains more information regarding reductions in refunds due to the applicability of sales or use tax on exempt electric fuel sales. 262.5(3) International Fuel Tax Agreement refunds not impacted. This refund process is separate and independent from any refund process authorized under 761—Chapter 505 related to the International Fuel Tax Agreement. This rule is intended to implement Iowa Code section 452A.44.701—262.6(452A) Exemption certificates. 262.6(1) If electric fuel is sold or dispensed for a nontaxable purpose, the purchaser may complete and provide an exemption certificate produced by the department to the license holder. The certificate is to be retained by the license holder consistent with Iowa Code section 452A.43. 262.6(2) The exemption certificate must include but not be limited to the following information: a. The date. b. The license holder’s name. c. The license holder’s electric fuel dealer or electric fuel user license number applicable to the sale. d. The invoice number covering the fuel sold if it is sold by an electric fuel dealer. e. An indication of the use to which the fuel will be put. f. The name, address, and signature of the purchaser. This rule is intended to implement Iowa Code sections 452A.17 and 452A.43. [Filed 4/27/23, effective 7/1/23][Published 5/17/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 5/17/23.ARC 7017CUtilities Division[199]Adopted and FiledRule making related to natural gas gathering lines
The Utilities Board hereby amends Chapter 10, “Intrastate Gas Pipelines and Underground Gas Storage,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 479.17.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 479.Purpose and Summary This rule making relates to gathering lines that transport renewable natural gas from an anaerobic digester to a transmission line or main. Under an existing contract with the federal Pipeline and Hazardous Materials Safety Administration (PHMSA), the Board is required to inspect such gathering lines to determine compliance with PHMSA safety standards. Because the Board is otherwise unaware of the construction of a gathering line, this rule making was initiated to identify a reporting mechanism to notify the Board of the existence of a gathering line that would allow the Board to inspect the gathering line prior to the conclusion of the construction (i.e., before the gathering line is fully underground). The amendment and new rule being adopted by the Board require companies to provide notice of construction of a gathering line to the Board at least 30 days prior to the commencement of construction. Upon receipt of the notice, the Board can schedule an inspection to ensure the gathering line meets federal and Board safety standards and land restoration standards. On April 21, 2023, the Board issued an order adopting amendments concerning this rule making. The order is available on the Board’s electronic filing system, efs.iowa.gov, under Docket No. RMU-2022-0010.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 19, 2022, as ARC 6595C. A public hearing was held on December 16, 2022, at 1:30 p.m. in the Board Hearing Room, 1375 East Court Avenue, Des Moines, Iowa. At the public hearing, comments were made by the Office of the Consumer Advocate (OCA), a division of the Iowa Department of Justice; rate-regulated utilities, including MidAmerican Energy Company (MidAmerican), Interstate Power and Light Company (IPL), and Black Hills/Iowa Gas Utility Company, LLC, d/b/a Black Hills Energy (Black Hills); the Iowa Farm Bureau Federation (Farm Bureau); and a renewable natural gas group (RNG Group) comprised of Monarch Bioenergy, LLC, Roeslein Alternative Energy Services, LLC, Roeslein Alternative Energy, LLC, Horizon II, LLC, and Sievers Family Farms, LLC. In comments made before and during the public hearing, industry members expressed concern that the permitting requirements contained in the Notice would create regulatory burdens that would impede the development of renewable natural gas facilities in Iowa. Following the public hearing, the Board prepared a draft rule making that replaced the permitting requirement with a preconstruction notice requirement. On March 23, 2023, the Board shared the draft rule making with stakeholders and invited additional comments. The OCA filed a written comment indicating that it has no objection to the revised amendments. MidAmerican, IPL, and Black Hills filed a joint comment indicating that they are satisfied with the resulting amendments. Farm Bureau filed a comment indicating that the draft rule making is narrowly tailored to fulfill the Board’s responsibilities and, consequently, Farm Bureau supports the draft rule making. Finally, the RNG Group filed a comment indicating that it has no objection to the draft rule making. The Board has adopted this version. Based on stakeholder opposition to the proposed permitting requirement for gathering lines as set forth in the Notice, the Board collaborated with stakeholders in drafting rule language that replaced the permitting requirement with the preconstruction notice language contained in this rule making.Adoption of Rule Making This rule making was adopted by the Board on April 21, 2023.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers No waiver provision is included in the proposed amendments because the Board has a general waiver provision in rule 199—1.3(17A,474,476) that provides procedures for requesting a waiver of the rules in this chapter.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on June 21, 2023. The following rule-making actions are adopted:
ITEM 1. Adopt the following new definition of “Gathering line” in subrule 10.1(3): "Gathering line" means a natural gas pipeline that transports gas from a current production facility to a transmission line or main as interpreted by 49 CFR 192.8. ITEM 2. Adopt the following new rule 199—10.19(479):199—10.19(479) Gathering line filing requirements. 10.19(1) Filing requirements. Notice of the proposed construction of a gathering line as defined in subrule 10.1(3) is required 30 days prior to the commencement of construction. The notice shall include: a. The name of the pipeline company proposing to construct the gathering line and evidence of authority from the Iowa secretary of state showing the company is authorized to conduct business in Iowa. b. The purpose of the proposed gathering line. c. A map of the proposed route of the gathering line, similar to the map required in paragraph 10.3(1)“b.” d. The design of the proposed gathering line, similar to the information required in paragraph 10.3(1)“c.” e. The approximate date that construction will begin. f. A list of the permissions or approvals of other state or local regulatory agencies required for construction of the gathering line.If construction is on agricultural land, an agricultural mitigation plan as required in 199—Chapter 9 or a written agreement with the landowner is to be provided to the county inspector. 10.19(2) Reporting requirements. A copy of any incident, annual report, or other report filed with the Pipeline and Hazardous Materials Safety Administration pursuant to 49 CFR Part 191 by the owner or operator of a gathering line located in Iowa shall be filed with the board at the same time it is filed with the Pipeline and Hazardous Materials Safety Administration. [Filed 4/25/23, effective 6/21/23][Published 5/17/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 5/17/23.ARC 7014CUtilities Division[199]Adopted and FiledRule making related to electric transmission lines
The Utilities Board hereby amends Chapter 11, “Electric Lines,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code chapter 478 and section 474.5(1).State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 478.Purpose and Summary The Board opened this rule making to provide clarity on the issue of whether an electric transmission line company is required to seek an amendment to a Board-issued electric transmission line franchise when the company constructs a new substation or switching station along and connected to an existing franchised electric transmission line. Under the existing rules, the Board concluded an amendment is necessary; however, as a matter of policy, the Board determined that notice, as opposed to an amendment, will serve the regulatory objectives. Consequently, this rule making clarifies that an amendment to the existing franchise under these circumstances is not necessary. The rule making further provides electric transmission line companies greater flexibility in seeking an extension of an existing electric transmission line franchise and in voluntarily withdrawing a petition. All Board orders relating to this rule making, all comments received by the Board, and the public hearing transcript are available on the Board’s electronic filing system, efs.iowa.gov, under Docket No. RMU-2022-0011.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on February 22, 2023, as ARC 6918C. A public hearing was held on March 28, 2023, at 10 a.m. in the Board Hearing Room, 1375 East Court Avenue, Des Moines, Iowa. On March 28, 2023, the Board conducted a public hearing attended by the Office of Consumer Advocate (OCA), a division of the Iowa Department of Justice; ITC Midwest, LLC (ITC Midwest); and MidAmerican Energy Company (MidAmerican). ITC Midwest and MidAmerican expressed support for the amendments as published in the Notice. The OCA stated that it had no objection to any of the proposed amendments with one exception. With respect to that exception, the OCA requested that “completion” be substituted for “commencement” in the portion of subrule 11.10(4) regarding notice of construction. The Board received written comments from the Iowa Association of Electric Cooperatives (IAEC), the OCA, ITC Midwest, and MidAmerican. The IAEC, ITC Midwest, and MidAmerican expressed support for the amendments as published in the Notice. The OCA stated that it had no objection to the amendments with one exception; specifically, the OCA requested that the time period for providing notice in subrule 11.10(4) run from the commencement of construction rather than the completion of construction. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Board on April 17, 2023.Fiscal Impact This rule making has no fiscal impact to the State of Iowa. Jobs Impact After analysis and review of this rule making, no impact on jobs has been found.Waivers No waiver provision is included in the amendments because the Board has a general waiver provision in rule 199—1.3(17A,474,476) that provides procedures for requesting a waiver of the rules in Chapter 11.Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date This rule making will become effective on June 21, 2023. The following rule-making actions are adopted:
ITEM 1. Amend paragraphs 11.6(1)"b" and 11.6(1)"c" as follows: b. Constructing an additional circuitline which is capable of operating at a nominal voltage of 69 kV or more on a previously franchised line, where an additional circuitline at such voltage is not authorized by the existing franchise. c. Relocating a franchised line to a route different from that authorized by an existing franchise, including the construction of tap(s) to a substation or switching station, which requires that new or additional interests in property be obtained, or that new or additional authorization be obtained from highway or railroad authorities, for a total distance of one route mile or more, or for any relocations where the right of eminent domain is sought. An amendment is not required for relocations made pursuant to Iowa Code section 318.9(2). ITEM 2. Amend subrule 11.8(2) as follows: 11.8(2) Date for filing petition for extension. A petition for an extension of a franchise shall be filed at least one year, and no more than five years, prior to expiration of the franchise. This requirement is not applicable to extensions of franchises that expire within one year of September 2, 2020. Extensions of existing countywide franchises are permitted; however, petitions to extend the franchises of separate transmission lines within a county by combining those transmission lines into a countywide franchise are not permitted using the franchise extension process. ITEM 3. Amend subrule 11.10(4) as follows: 11.10(4) Notice of relocationsconstruction not requiring an amendment toa franchise. Whenever a transmission line under franchise is relocatedor is reconstructed with different materials or specifications than those that appear on the most recent Exhibit C, or taps to a new substation or switching station are constructed along and connected to the franchised line in a manner that does not require an amendment toa franchise, the holder of the franchise shall notify the board in writing of the relocationconstruction, stating the franchise and docket numbers and date of franchise issuance for the affected transmission line, and providing revised Exhibits A,and B, and C, as applicable, that reflect the changes in the route, not more than 30 days after the commencementcompletion of the relocationconstruction. ITEM 4. Rescind subrule 11.10(5). ITEM 5. Amend subrule 11.12(1) as follows: 11.12(1) Termination of docket. Uponwritten notice to the board by an electric company that a franchise petition or petition for amendment of a franchise is withdrawn, the docket shall be closed by board order. [Filed 4/18/23, effective 6/21/23][Published 5/17/23]Editor’s Note: For replacement pages for IAC, see IAC Supplement 5/17/23.