Read the full stored bill text
House
File
2413
-
Introduced
HOUSE
FILE
2413
BY
WILLS
,
LAWLER
,
KAUFMANN
,
STONE
,
HORA
,
GOLDING
,
COLLINS
,
GUSTOFF
,
HOLT
,
THOMSON
,
and
DUNWELL
A
BILL
FOR
An
Act
relating
to
executive
branch
functions,
including
1
ratification
of
major
administrative
rules
and
certain
other
2
actions,
other
matters
relating
to
the
state
rulemaking
3
process,
and
terms
of
service
of
certain
appointed
members
4
of
certain
boards,
and
including
applicability
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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DIVISION
I
1
RATIFICATION
OF
MAJOR
RULES
2
Section
1.
Section
17A.2,
Code
2026,
is
amended
by
adding
3
the
following
new
subsection:
4
NEW
SUBSECTION
.
7A.
“Major
rule”
means
a
rule
that
does
any
5
of
the
following:
6
a.
Requires
annual
expenditures
of
at
least
two
hundred
7
thousand
dollars,
or
combined
expenditures
of
at
least
one
8
million
dollars
within
five
years,
by
all
affected
persons
9
including
the
agency
itself.
An
express
appropriation
of
funds
10
enacted
by
the
general
assembly
shall
not
be
considered
an
11
expenditure
for
purposes
of
this
paragraph.
12
b.
Has
significant
adverse
effects
on
competition,
13
employment,
investment,
productivity,
or
innovation,
including
14
significant
adverse
effects
on
individual
industries
or
15
regions.
16
c.
Amends
the
state
implementation
plan
under
section
110
of
17
the
federal
Clean
Air
Act
as
amended
through
January
1,
1991.
18
Sec.
2.
Section
17A.4,
subsection
1,
paragraph
a,
Code
2026,
19
is
amended
to
read
as
follows:
20
a.
Give
notice
of
its
the
agency’s
intended
action
by
21
submitting
the
notice
to
the
administrative
rules
coordinator
22
and
the
administrative
code
editor.
The
administrative
rules
23
coordinator
shall
assign
an
ARC
number
to
each
rulemaking
24
document.
The
administrative
code
editor
shall
publish
each
25
notice
meeting
the
requirements
of
this
chapter
in
the
Iowa
26
administrative
bulletin
created
pursuant
to
section
2B.5A
.
The
27
legislative
services
agency
shall
provide
the
chairpersons
and
28
ranking
members
of
the
appropriate
standing
committees
of
the
29
general
assembly
a
means
to
receive
an
electronic
copy
of
the
30
notice
for
additional
study.
Any
A
notice
of
intended
action
31
shall
be
published
at
least
thirty-five
days
in
advance
of
the
32
action.
The
notice
shall
include
a
statement
of
either
the
33
terms
or
substance
of
the
intended
action
or
a
description
of
34
the
subjects
and
issues
involved,
and
the
all
of
the
following:
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(1)
The
text
of
the
proposed
rule.
1
(2)
The
time
when
,
the
place
where
,
and
the
manner
in
which
2
interested
persons
may
present
their
views.
3
(3)
A
concise
description
of
the
purpose
and
summary
of
the
4
proposed
rule.
5
(4)
A
classification
stating
whether
the
proposed
rule
is
a
6
major
rule
and
an
explanation
for
the
agency’s
classification.
7
The
classification
shall
encompass
all
rulemaking
actions
8
included
in
the
notice
and
shall
expressly
and
unambiguously
9
state
whether
the
proposed
rule
is
a
major
rule.
10
(5)
A
list
of
all
other
related
regulatory
actions
by
the
11
agency
intended
to
implement
the
same
statutory
provision
or
12
regulatory
objective,
as
well
as
the
individual
and
aggregate
13
economic
effects
of
those
actions.
14
(6)
The
tentative
effective
date
of
the
proposed
rule.
15
Sec.
3.
Section
17A.4A,
subsection
2,
paragraph
a,
Code
16
2026,
is
amended
to
read
as
follows:
17
a.
The
regulatory
analysis
must
contain
all
of
the
18
following:
19
(1)
A
description
of
the
classes
of
persons
who
probably
20
will
be
affected
by
the
proposed
rule,
including
classes
that
21
will
bear
the
costs
of
the
proposed
rule
and
classes
that
will
22
benefit
from
the
proposed
rule.
23
(2)
A
description
of
the
probable
quantitative
and
24
qualitative
impact
of
the
proposed
rule,
economic
or
otherwise,
25
upon
affected
classes
of
persons,
including
a
description
of
26
the
nature
and
amount
of
all
of
the
different
kinds
of
costs
27
that
would
be
incurred
in
complying
with
the
proposed
rule.
28
(3)
The
probable
costs
to
the
agency
and
to
any
other
agency
29
of
the
implementation
and
enforcement
of
the
proposed
rule
and
30
any
anticipated
effect
on
state
revenues.
31
(4)
A
comparison
of
the
probable
costs
and
benefits
of
the
32
proposed
rule
to
the
probable
costs
and
benefits
of
inaction.
33
The
comparison
shall
include
all
of
the
following:
34
(a)
The
estimated
primary
or
direct
benefits
of
the
proposed
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rule.
1
(b)
The
estimated
cost
savings
or
financial
benefits
to
2
society
of
the
proposed
rule.
3
(c)
The
estimated
compliance
costs
to
be
incurred
by
4
entities
subject
to
regulation
by
the
proposed
rule.
5
(d)
The
estimated
secondary
or
indirect
costs
of
the
6
proposed
rule.
7
(e)
The
estimated
opportunity
cost
of
the
proposed
rule.
8
The
comparison
must
identify
the
opportunity
cost
of
compliance
9
with
the
proposed
rule
resulting
from
the
potential
exit
of
10
private
capital
from
the
market
due
to
the
proposed
rule.
11
(5)
A
determination
of
whether
less
costly
methods
or
12
less
intrusive
methods
exist
for
achieving
the
purpose
of
the
13
proposed
rule.
14
(6)
A
description
of
any
alternative
methods
for
achieving
15
the
purpose
of
the
proposed
rule
that
were
seriously
considered
16
by
the
agency
and
the
reasons
why
they
were
rejected
in
favor
17
of
the
proposed
rule.
18
(7)
A
description
of
any
actions
taken
by
the
agency
to
19
minimize
the
cost
and
impact
of
the
rule
on
regulated
entities.
20
(8)
The
legal
authority
for
the
proposed
rule.
21
(9)
All
sources
consulted
by
the
agency
during
formulation
22
of
the
proposed
rule.
23
(10)
All
key
assumptions
made
by
the
agency
during
24
formulation
of
the
proposed
rule.
25
(11)
All
sources
of
uncertainty
identified
by
the
agency
26
regarding
the
most
effective
and
economical
means
of
achieving
27
the
purposes
of
the
proposed
rule.
28
(12)
A
statement
of
the
need
for
the
proposed
rule
as
29
determined
by
the
agency.
30
(13)
A
classification
stating
whether
the
proposed
rule
is
a
31
major
rule
and
an
explanation
for
the
agency’s
classification.
32
The
classification
shall
encompass
all
rulemaking
actions
33
included
in
the
regulatory
analysis
and
shall
expressly
and
34
unambiguously
state
whether
the
proposed
rule
is
a
major
rule.
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Sec.
4.
NEW
SECTION
.
17A.4C
Legislative
regulatory
1
analysis.
2
1.
a.
Upon
receipt
of
the
notice
of
an
agency’s
intended
3
action
under
section
17A.4,
subsection
1,
paragraph
“a”
,
or
4
an
adopted
rule
under
section
17A.5,
the
legislative
services
5
agency
shall
conduct
a
legislative
regulatory
analysis
of
6
a
proposed
or
adopted
rule
classified
by
the
proposing
or
7
adopting
agency
as
a
major
rule.
8
b.
The
regulatory
analysis
must
contain
all
of
the
9
following:
10
(1)
A
summary
of
the
rule.
11
(2)
The
state
or
federal
law
implemented
by
the
rule.
12
(3)
A
review
of
any
actions
taken
by
the
agency
to
minimize
13
the
cost
and
impact
of
the
rule
on
regulated
entities.
14
(4)
An
evaluation
of
the
costs
of
the
rule,
including
all
15
of
the
following:
16
(a)
The
estimated
implementation
and
compliance
costs
of
17
the
rule
to
be
incurred
by
regulated
entities,
which
shall
18
include
both
initial
and
ongoing
costs.
19
(b)
The
number
or
estimated
number
of
regulated
entities
20
in
the
state
affected
by
the
rule,
and
an
estimate
based
on
21
available
regulatory
history,
of
how
many
newly
regulated
22
entities
may
be
affected
or
deterred
by
the
costs
of
the
rule
23
each
year.
24
(c)
Information
on
specific
industries
or
regions
of
the
25
state
that
may
be
affected
by
the
rule,
if
applicable.
26
(d)
Estimated
effects
of
the
rule
on
state
revenue.
27
(e)
Estimated
effects
of
the
rule
on
state
expenditures
28
including
estimated
administrative
expenses.
29
(5)
All
sources
consulted
by
the
legislative
services
30
agency
during
formulation
of
the
regulatory
analysis.
31
(6)
All
key
assumptions
made
by
the
legislative
services
32
agency
during
formulation
of
the
regulatory
analysis.
33
(7)
All
sources
of
uncertainty
identified
by
the
34
legislative
services
agency
regarding
the
determinations
made
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in
the
regulatory
analysis.
1
c.
The
legislative
services
agency
shall
submit
a
2
report
including
the
legislative
regulatory
analysis
to
the
3
administrative
code
editor,
who
shall
publish
it
in
the
Iowa
4
administrative
bulletin,
and
the
administrative
rules
review
5
committee.
The
report
shall
include
an
assessment
of
whether
6
the
agency’s
rulemaking
process
complied
with
the
requirements
7
of
this
chapter
governing
major
rules,
and
an
assessment
of
8
whether
the
major
rule
imposes
any
new
limits
or
mandates
on
9
private-sector
activity.
10
d.
An
agency
shall
not
adopt
a
rule
classified
as
a
major
11
rule
pursuant
to
section
17A.4,
subsection
1,
paragraph
12
“a”
,
less
than
thirty-five
days
after
the
report
required
by
13
paragraph
“c”
is
published
in
the
Iowa
administrative
bulletin.
14
2.
To
the
extent
resources
are
available,
the
legislative
15
services
agency
shall
conduct
legislative
regulatory
analyses
16
of
specified
existing
rules
and
proposed
or
adopted
rules
that
17
are
not
major
rules
when
requested
by
a
chair
or
ranking
member
18
of
a
standing
committee
of
the
general
assembly
relating
to
19
matters
within
the
committee’s
jurisdiction.
The
legislative
20
services
agency
shall
undertake
such
reviews
in
the
order
21
requested
unless
directed
otherwise
by
the
legislative
council.
22
3.
The
legislative
services
agency
may
request
information
23
relevant
to
a
legislative
regulatory
analysis
from
an
agency.
24
The
agency
shall
promptly
comply
with
such
a
request.
25
Sec.
5.
Section
17A.5,
subsection
2,
Code
2026,
is
amended
26
by
adding
the
following
new
paragraph:
27
NEW
PARAGRAPH
.
c.
The
effective
date
of
a
major
rule,
28
including
a
rule
filed
under
paragraph
“b”
,
shall
be
subject
to
29
section
17A.5A.
30
Sec.
6.
Section
17A.5,
Code
2026,
is
amended
by
adding
the
31
following
new
subsection:
32
NEW
SUBSECTION
.
3.
An
adopted
rule
shall
include
an
updated
33
classification
stating
whether
the
rule
is
a
major
rule
if
34
the
classification
differs
from
that
included
in
the
notice
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of
intended
action
pursuant
to
section
17A.4,
subsection
1,
1
paragraph
“a”
.
The
updated
classification
shall
include
the
2
information
required
by
section
17A.4,
subsection
1,
paragraph
3
“a”
,
subparagraph
(4),
as
well
as
an
explanation
for
the
change
4
in
classification.
5
Sec.
7.
NEW
SECTION
.
17A.5A
Ratification
of
major
rules.
6
1.
Except
as
provided
in
subsection
2,
a
major
rule
shall
7
not
become
effective
until
it
is
ratified
by
the
general
8
assembly.
A
major
rule
that
is
not
ratified
shall
not
become
9
effective.
The
general
assembly
may
ratify
a
major
rule
by
10
passage
of
a
joint
resolution
that
requires
approval
of
the
11
governor.
12
2.
a.
If
the
governor
determines
that
a
major
rule
must
13
become
effective
while
the
general
assembly
is
not
in
session,
14
the
governor
may
request
temporary
approval
of
the
major
rule
15
by
the
legislative
council.
The
governor
shall
only
make
such
16
a
request
if
federal
law,
a
condition
of
federal
funding,
or
17
response
to
a
state
of
disaster
emergency
proclaimed
by
the
18
governor
pursuant
to
section
29C.6
requires
that
the
major
19
rule
become
effective
while
the
general
assembly
is
not
in
20
session.
The
major
rule
shall
become
effective
upon
temporary
21
approval
by
the
legislative
council.
If
a
major
rule
is
so
22
approved,
the
governor
shall
submit
a
statement
for
publication
23
in
the
Iowa
administrative
bulletin
explaining
why
federal
24
law,
a
condition
of
federal
funding,
or
response
to
a
state
of
25
disaster
emergency
requires
the
rule
to
become
effective
while
26
the
general
assembly
is
not
in
session.
27
b.
A
major
rule
temporarily
approved
by
the
legislative
28
council
pursuant
to
paragraph
“a”
shall
cease
to
be
effective
29
upon
the
adjournment
of
the
next
regular
session
of
the
general
30
assembly
following
the
effective
date
of
the
major
rule
unless
31
the
general
assembly
ratifies
the
rule
pursuant
to
subsection
32
1
before
adjournment.
The
administrative
code
editor
shall
33
publish
a
notice
that
the
rule
has
ceased
to
be
effective
in
34
the
Iowa
administrative
bulletin.
As
soon
as
practicable,
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but
no
sooner
than
two
weeks
after
such
publication,
the
1
administrative
code
editor
shall
remove
the
major
rule
from
the
2
Iowa
administrative
code.
3
3.
When
the
administrative
code
editor
publishes
a
major
4
rule
adopted
in
accordance
with
this
chapter
in
the
Iowa
5
administrative
code,
the
administrative
code
editor
shall
6
include
a
notice
with
the
rule
indicating
whether
the
major
7
rule
has
been
ratified
by
the
general
assembly
or
temporarily
8
approved
by
the
legislative
council.
If
the
major
rule
is
9
ratified
or
temporarily
approved
subsequent
to
the
publication,
10
the
administrative
code
editor
shall
update
the
notice
11
accordingly.
12
4.
An
agency
may
submit
a
notice
of
rescission
that
rescinds
13
a
major
rule
that
has
not
been
ratified
by
the
general
assembly
14
to
the
administrative
rules
coordinator
and
the
administrative
15
code
editor
for
publication
in
the
Iowa
administrative
16
bulletin.
Upon
publication
of
the
notice
of
rescission,
if
17
the
major
rule
has
not
already
been
ratified,
the
major
rule
18
is
rescinded
and
shall
not
become
effective.
If
the
rule
has
19
been
temporarily
approved
pursuant
to
subsection
2,
paragraph
20
“a”
,
and
not
ratified,
the
rule
shall
cease
to
be
effective.
21
In
either
case,
as
soon
as
practicable,
but
no
sooner
than
two
22
weeks
after
such
publication,
the
administrative
code
editor
23
shall
remove
the
major
rule
from
the
Iowa
administrative
code.
24
5.
a.
An
agency
may
engage
in
additional
rulemaking
that
25
amends
a
major
rule
that
has
not
been
ratified
by
the
general
26
assembly.
An
agency’s
classification
stating
whether
the
27
additional
rulemaking
is
a
major
rule
shall
also
expressly
28
and
unambiguously
state
whether
the
major
rule
being
amended
29
remains
a
major
rule
after
the
amendment,
and
include
an
30
explanation
for
the
agency’s
determination.
31
b.
If
the
additional
rulemaking
is
not
itself
a
major
32
rule,
and
if
the
result
of
the
additional
rulemaking
is
that
33
the
major
rule
that
has
not
been
ratified
no
longer
meets
the
34
definition
of
a
major
rule,
the
former
major
rule
shall
be
35
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considered
part
of
the
additional
rulemaking
and
shall
have
1
the
same
effective
date
as
the
additional
rulemaking.
If
the
2
former
major
rule
has
been
temporarily
approved,
the
former
3
major
rule
shall
remain
in
effect
until
either
the
effective
4
date
of
the
additional
rulemaking
or
the
former
major
rule
5
ceases
to
be
effective
pursuant
to
subsection
2,
paragraph
“b”
,
6
whichever
is
sooner.
7
c.
If
the
additional
rulemaking
is
not
itself
a
major
8
rule,
and
if
the
result
of
the
additional
rulemaking
is
that
9
the
major
rule
that
has
not
been
ratified
still
meets
the
10
definition
of
a
major
rule,
the
additional
rulemaking
shall
11
be
considered
part
of
the
major
rule
and
shall
have
the
same
12
effective
date
as
the
major
rule.
If
the
major
rule
has
13
been
temporarily
approved
and
has
not
ceased
to
be
effective
14
pursuant
to
subsection
2,
paragraph
“b”
,
the
additional
15
rulemaking
shall
become
effective
on
the
date
specified
in
16
the
additional
rulemaking
pursuant
to
section
17A.5
and
shall
17
be
considered
part
of
the
major
rule.
If
the
major
rule
has
18
ceased
to
be
effective
pursuant
to
subsection
2,
paragraph
“b”
,
19
the
additional
rulemaking
shall
not
become
effective
and
the
20
administrative
code
editor
shall
publish
notice
in
the
Iowa
21
administrative
bulletin
and
remove
the
additional
rulemaking
22
from
the
Iowa
administrative
code
as
provided
in
subsection
2,
23
paragraph
“b”
.
24
d.
If
the
additional
rulemaking
is
itself
a
major
rule,
25
and
the
first
major
rule
has
not
been
ratified
or
temporarily
26
approved,
the
first
major
rule
shall
be
considered
part
of
the
27
additional
rulemaking
and
shall
only
become
effective
when
the
28
additional
rulemaking
is
ratified
or
temporarily
approved.
29
If
the
first
major
rule
has
not
been
ratified
but
has
been
30
temporarily
approved,
whichever
of
the
following
occurs
first
31
shall
apply:
32
(1)
The
first
major
rule
ceases
to
be
effective
pursuant
to
33
subsection
2,
paragraph
“b”
.
34
(2)
The
additional
rulemaking
is
ratified
or
temporarily
35
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approved,
in
which
case
the
first
major
rule
shall
be
1
considered
part
of
the
additional
rulemaking
and
shall
have
the
2
same
effective
date
as
the
additional
rulemaking.
3
6.
If
the
effective
date
of
a
major
rule
is
subject
to
4
delay
by
the
administrative
rules
review
committee
pursuant
5
to
section
17A.8,
subsection
9
or
10,
and
the
major
rule
is
6
ratified
or
temporarily
approved
during
the
period
of
the
7
delay,
the
major
rule
shall
not
become
effective
until
the
8
conclusion
of
the
period
of
the
delay.
If
the
period
of
such
9
a
delay
concludes
and
the
major
rule
has
not
been
ratified
or
10
temporarily
approved,
the
major
rule
shall
not
become
effective
11
until
it
is
ratified
or
temporarily
approved.
12
Sec.
8.
Section
17A.6,
subsection
2,
Code
2026,
is
amended
13
to
read
as
follows:
14
2.
The
administrative
code
editor
shall
publish
the
Iowa
15
administrative
bulletin
and
the
Iowa
administrative
code
as
16
provided
in
section
2B.5A
.
The
legislative
services
agency
17
shall
provide
the
members
and
staff
of
the
general
assembly
a
18
means
to
receive
an
electronic
copy
of
the
Iowa
administrative
19
bulletin
and
rulemaking
documents
published
therein.
20
Sec.
9.
Section
17A.8,
subsection
6,
Code
2026,
is
amended
21
to
read
as
follows:
22
6.
The
committee
shall
meet
for
the
purpose
of
selectively
23
reviewing
rules,
whether
proposed
or
in
effect.
The
committee
24
shall
review
a
notice
of
intended
action
classified
as
a
major
25
rule
pursuant
to
section
17A.4,
subsection
1,
paragraph
“a”
,
26
before
the
earliest
date
on
which
the
proposed
rule
could
be
27
adopted
pursuant
to
that
paragraph.
A
regular
or
special
28
committee
meeting
shall
be
open
to
the
public
and
an
interested
29
person
may
be
heard
and
present
evidence.
The
committee
may
30
require
a
representative
of
an
agency
whose
rule
or
proposed
31
rule
is
under
consideration
to
attend
a
committee
meeting.
32
Sec.
10.
NEW
SECTION
.
17A.19A
Judicial
review
——
major
33
rules.
34
1.
In
addition
to
any
other
action
permitted
under
section
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17A.19,
an
aggrieved
or
adversely
affected
person
or
party
may
1
bring
an
action
in
district
court
concerning
a
major
rule.
2
The
district
court
shall
have
jurisdiction
to
do
all
of
the
3
following:
4
a.
Engage
in
de
novo
review
of
whether
a
rule
is
a
major
5
rule.
6
b.
Determine
whether
an
agency,
the
general
assembly,
the
7
legislative
council,
or
the
governor
completed
the
requirements
8
for
a
major
rule
to
become
effective.
9
c.
Determine
when
or
if
a
rule
alleged
to
be
a
major
rule
10
became
effective.
11
2.
The
ratification
of
a
major
rule
by
the
general
assembly
12
shall
not
do
any
of
the
following:
13
a.
Extinguish
or
otherwise
affect
any
legal
claim,
whether
14
substantive
or
procedural,
concerning
any
alleged
legal
defect
15
of
the
major
rule.
16
b.
Be
construed
as
a
grant
or
modification
of
statutory
17
authority
by
the
general
assembly
for
the
adoption
of
the
major
18
rule.
19
c.
Be
part
of
the
record
before
the
district
court
in
any
20
judicial
proceeding
concerning
a
major
rule
except
for
purposes
21
of
a
proceeding
under
subsection
1.
22
Sec.
11.
APPLICABILITY.
This
division
of
this
Act
applies
23
to
rulemaking
commencing
with
a
regulatory
analysis
pursuant
24
to
section
17A.4A,
as
amended
by
this
Act,
published
in
the
25
Iowa
administrative
bulletin
on
or
after
July
1,
2027,
or
with
26
a
rule
adopted
under
section
17A.4,
subsection
3,
on
or
after
27
July
1,
2027.
28
DIVISION
II
29
RATIFICATION
OF
PROPOSED
AMENDMENTS
TO
STATE
IMPLEMENTATION
30
PLAN
——
FEDERAL
CLEAN
AIR
ACT
31
Sec.
12.
Section
455B.133,
subsection
2,
Code
2026,
is
32
amended
to
read
as
follows:
33
2.
a.
Adopt,
amend,
or
repeal
rules
pertaining
to
34
the
evaluation,
abatement,
control,
and
prevention
of
air
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pollution.
The
rules
may
include
those
that
are
necessary
1
to
obtain
approval
of
the
state
implementation
plan
under
2
section
110
of
the
federal
Clean
Air
Act
as
amended
through
3
January
1,
1991.
The
commission
is
not
required
to
adopt
rules
4
that
use
air
dispersion
modeling
for
a
minor
source
or
minor
5
modification
of
a
major
stationary
source
unless
modeling
is
6
specifically
required
by
the
federal
Clean
Air
Act
as
amended
7
through
January
1,
1991,
or
a
federal
or
state
agreement.
8
b.
A
proposal
to
amend
the
state
implementation
plan
under
9
section
110
of
the
federal
Clean
Air
Act
as
amended
through
10
January
1,
1991,
shall
not
be
submitted
for
federal
approval
11
until
it
is
ratified
by
the
general
assembly.
A
proposal
that
12
is
not
ratified
shall
not
be
submitted
for
federal
approval.
13
The
general
assembly
may
ratify
a
proposal
by
passage
of
a
14
joint
resolution
that
requires
approval
of
the
governor.
15
DIVISION
III
16
EXECUTIVE
BRANCH
BOARDS
——
TERMS
OF
OFFICE
17
Sec.
13.
Section
16.2,
subsection
2,
Code
2026,
is
amended
18
to
read
as
follows:
19
2.
a.
The
members
of
the
authority
appointed
by
the
20
governor
on
or
before
June
30,
2026,
shall
serve
for
staggered
21
terms
of
six
years
beginning
and
ending
as
provided
in
section
22
69.19
.
23
b.
The
members
of
the
authority
appointed
by
the
governor
on
24
or
after
July
1,
2026,
shall
serve
for
staggered
terms
of
four
25
years
beginning
and
ending
as
provided
in
section
69.19.
26
c.
A
person
appointed
by
the
governor
to
fill
a
vacancy
27
shall
serve
only
for
the
unexpired
portion
of
the
term.
A
28
member
is
eligible
for
reappointment.
The
ex
officio
voting
29
member
designated
by
the
agricultural
development
board
shall
30
serve
at
the
pleasure
of
that
board.
A
member
of
the
authority
31
may
be
removed
from
office
by
the
governor
for
misfeasance,
32
malfeasance,
or
willful
neglect
of
duty
or
other
just
cause,
33
after
notice
and
hearing,
unless
the
notice
and
hearing
is
34
expressly
waived
in
writing.
35
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Sec.
14.
Section
16.2C,
subsection
4,
paragraph
c,
Code
1
2026,
is
amended
to
read
as
follows:
2
c.
(1)
Members
appointed
on
or
before
June
30,
2026,
shall
3
serve
for
staggered
terms
of
six
years
beginning
and
ending
as
4
provided
in
section
69.19
.
5
(2)
Members
appointed
on
or
after
July
1,
2026,
shall
serve
6
for
staggered
terms
of
four
years
beginning
and
ending
as
7
provided
in
section
69.19.
8
(3)
A
person
appointed
to
fill
a
vacancy
shall
serve
only
9
for
the
unexpired
portion
of
the
member’s
term.
A
member
is
10
eligible
for
reappointment.
An
appointed
member
may
be
removed
11
from
office
by
the
governor
for
misfeasance,
malfeasance,
12
willful
neglect
of
duty,
or
other
just
cause,
after
notice
and
13
hearing,
unless
the
notice
and
hearing
is
expressly
waived
in
14
writing.
15
Sec.
15.
Section
52.4,
subsection
1,
Code
2026,
is
amended
16
to
read
as
follows:
17
1.
The
state
commissioner
of
elections
shall
appoint
three
18
members
to
a
board
of
examiners
for
voting
systems,
not
more
19
than
two
of
whom
shall
be
from
the
same
political
party.
The
20
examiners
Examiners
appointed
on
or
before
June
30,
2026,
21
shall
hold
office
for
staggered
terms
of
six
years,
subject
to
22
removal
at
the
pleasure
of
the
state
commissioner
of
elections.
23
Examiners
appointed
on
or
after
July
1,
2026,
shall
hold
office
24
for
staggered
terms
of
four
years
beginning
and
ending
as
25
provided
in
section
69.19,
subject
to
removal
at
the
pleasure
26
of
the
state
commissioner
of
elections.
27
Sec.
16.
Section
97B.8A,
subsection
4,
paragraph
d,
Code
28
2026,
is
amended
to
read
as
follows:
29
d.
(1)
The
appointive
terms
of
the
members
appointed
by
the
30
governor
on
or
before
June
30,
2026,
are
for
a
period
of
six
31
years
beginning
and
ending
as
provided
in
section
69.19
.
32
(2)
The
appointive
terms
of
the
members
appointed
by
the
33
governor
on
or
after
July
1,
2026,
are
for
a
period
of
four
34
years
beginning
and
ending
as
provided
in
section
69.19.
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(3)
If
there
is
a
vacancy
in
the
membership
of
the
board
1
for
one
of
the
members
appointed
by
the
governor,
the
governor
2
has
the
power
of
appointment.
Gubernatorial
appointees
to
this
3
board
are
subject
to
confirmation
by
the
senate.
4
Sec.
17.
Section
256.3,
subsection
3,
Code
2026,
is
amended
5
to
read
as
follows:
6
3.
a.
The
terms
of
office
for
voting
members
appointed
on
7
or
before
June
30,
2026,
are
for
six
years
beginning
and
ending
8
as
provided
in
section
69.19
.
9
b.
The
terms
of
office
for
voting
members
appointed
on
or
10
after
July
1,
2026,
are
for
four
years
beginning
and
ending
as
11
provided
in
section
69.19.
12
Sec.
18.
Section
262.2,
Code
2026,
is
amended
to
read
as
13
follows:
14
262.2
Appointment
——
term
of
office.
15
1.
The
members
shall
be
appointed
by
the
governor
subject
16
to
confirmation
by
the
senate.
Prior
to
appointing
the
ninth
17
member
as
specified
in
section
262.1
,
the
governor
shall
18
consult
with
the
appropriate
student
body
government
at
the
19
institution
at
which
the
proposed
appointee
is
enrolled.
20
2.
Subject
to
subsection
3:
21
a.
The
term
of
each
member
of
the
board
appointed
on
or
22
before
June
30,
2026,
shall
be
for
six
years
,
unless
.
23
b.
The
term
of
each
member
of
the
board
appointed
on
or
24
after
July
1,
2026,
shall
be
for
four
years.
25
3.
If
the
ninth
member,
appointed
in
accordance
with
section
26
262.1
,
graduates
or
is
no
longer
enrolled
at
an
institution
of
27
higher
education
under
the
board’s
control
more
than
one
year
28
before
the
expiration
of
the
term
,
at
which
time
the
term
of
29
the
ninth
member
shall
expire
one
year
from
the
date
on
which
30
the
member
graduates
or
is
no
longer
enrolled
in
an
institution
31
of
higher
education
under
the
board’s
control.
However,
if
32
within
that
year
the
ninth
member
reenrolls
in
any
institution
33
of
higher
education
under
the
board’s
control
on
a
full-time
34
basis
and
is
a
student
in
good
standing
at
either
the
graduate
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or
undergraduate
level,
the
term
of
the
ninth
member
shall
1
continue
in
effect.
2
4.
The
terms
of
three
members
of
the
board
shall
begin
and
3
expire
in
each
odd-numbered
year
as
provided
in
section
69.19
.
4
EXPLANATION
5
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
6
the
explanation’s
substance
by
the
members
of
the
general
assembly.
7
This
bill
relates
to
executive
branch
functions,
including
8
ratification
of
major
administrative
rules
and
certain
other
9
actions,
other
matters
relating
to
the
state
rulemaking
10
process,
and
terms
of
service
of
certain
appointed
members
of
11
certain
boards.
12
RATIFICATION
OF
MAJOR
RULES.
The
bill
provides
for
13
ratification
of
major
administrative
rules
and
other
matters
14
relating
to
the
executive
branch
rulemaking
process.
15
The
bill
defines
“major
rule”
as
a
rule
that
does
at
least
16
one
of
three
things.
A
major
rule
requires
annual
expenditures
17
of
at
least
$200,000
or
combined
expenditures
of
at
least
$1
18
million
within
five
years
by
all
affected
persons
including
the
19
agency
itself.
An
express
appropriation
of
funds
enacted
by
20
the
general
assembly
shall
not
be
considered
an
expenditure.
21
A
major
rule
has
significant
adverse
effects
on
competition,
22
employment,
investment,
productivity,
or
innovation,
including
23
significant
adverse
effects
on
individual
industries
or
24
regions.
Finally,
a
major
rule
amends
the
state
implementation
25
plan
under
section
110
of
the
federal
Clean
Air
Act
as
amended
26
through
January
1,
1991.
27
The
bill
provides
that
a
major
rule
shall
not
become
28
effective
until
it
is
ratified
by
the
general
assembly.
The
29
bill
authorizes
the
general
assembly
to
ratify
a
major
rule
by
30
passage
of
a
joint
resolution
that
requires
approval
of
the
31
governor.
32
The
bill
authorizes
the
governor
to
request
temporary
33
approval
of
a
major
rule
by
the
legislative
council
if
the
34
governor
determines
that
a
major
rule
must
become
effective
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while
the
general
assembly
is
not
in
session.
The
governor
1
shall
only
make
such
a
request
if
federal
law,
a
condition
of
2
federal
funding,
or
response
to
a
state
of
disaster
emergency
3
proclaimed
by
the
governor
requires
that
the
major
rule
become
4
effective
while
the
general
assembly
is
not
in
session.
The
5
major
rule
shall
become
effective
upon
temporary
approval
by
6
the
legislative
council.
If
a
major
rule
is
so
approved,
7
the
governor
must
submit
a
statement
for
publication
in
the
8
Iowa
administrative
bulletin
explaining
why
federal
law,
9
a
condition
of
federal
funding,
or
response
to
a
state
of
10
disaster
emergency
requires
the
rule
to
become
effective
while
11
the
general
assembly
is
not
in
session.
12
The
bill
provides
that
a
major
rule
temporarily
approved
13
by
the
legislative
council
shall
cease
to
be
effective
upon
14
the
adjournment
of
the
next
regular
session
of
the
general
15
assembly
following
the
effective
date
of
the
major
rule
unless
16
the
general
assembly
ratifies
the
rule
as
provided
in
the
bill
17
before
adjournment.
18
The
bill
provides
procedures
for
an
agency
to
rescind
a
19
major
rule
that
has
not
been
ratified
and
to
engage
in
further
20
rulemaking
relating
to
a
major
rule
that
has
not
been
ratified.
21
The
bill
requires
an
agency
to
classify
whether
a
proposed
22
or
adopted
rule
is
a
major
rule
at
each
of
the
three
stages
of
23
the
rulemaking
process
(regulatory
analysis,
notice
of
intended
24
action,
and
adoption).
The
agency
must
include
an
explanation
25
for
the
agency’s
classification.
The
classification
must
26
encompass
all
rulemaking
actions
included
in
a
rulemaking
27
document
and
expressly
and
unambiguously
state
whether
the
rule
28
is
a
major
rule.
29
The
bill
requires
the
legislative
services
agency
to
conduct
30
a
legislative
regulatory
analysis
of
each
notice
of
intended
31
action
and
adoption
classified
by
an
agency
as
a
major
rule.
32
The
bill
specifies
the
content
of
the
legislative
regulatory
33
analysis.
The
bill
requires
the
legislative
services
agency
to
34
submit
a
report
including
the
legislative
regulatory
analysis
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for
publication
in
the
Iowa
administrative
bulletin
and
to
1
the
administrative
rules
review
committee.
The
report
shall
2
include
an
assessment
of
whether
the
agency’s
rulemaking
3
process
complied
with
the
requirements
of
Code
chapter
17A
4
governing
major
rules
and
an
assessment
of
whether
the
major
5
rule
imposes
any
new
limits
or
mandates
on
private-sector
6
activity.
The
bill
prohibits
adoption
of
a
notice
of
intended
7
action
classified
as
a
major
rule
less
than
35
days
after
the
8
report
is
published.
9
The
bill
requires
the
legislative
services
agency,
to
10
the
extent
resources
are
available,
to
conduct
legislative
11
regulatory
analyses
of
existing
rules
and
proposed
or
adopted
12
rules
that
are
not
major
rules
when
requested
by
a
chair
or
13
ranking
member
of
a
standing
committee
of
the
general
assembly.
14
The
bill
requires
agencies
to
promptly
comply
with
requests
15
for
information
relevant
to
a
legislative
regulatory
analysis
16
from
the
legislative
services
agency.
17
The
bill
requires
the
administrative
rules
review
committee
18
to
review
a
notice
of
intended
action
classified
as
a
major
19
rule
before
the
earliest
date
on
which
the
proposed
rule
could
20
be
adopted.
21
The
bill
authorizes
an
aggrieved
or
adversely
affected
22
person
or
party
to
bring
an
action
in
district
court
concerning
23
a
major
rule.
The
bill
provides
that
the
district
court
shall
24
have
jurisdiction
to
engage
in
de
novo
review
of
whether
a
25
rule
is
a
major
rule;
determine
whether
an
agency,
the
general
26
assembly,
the
legislative
council,
or
the
governor
completed
27
the
requirements
for
a
major
rule
to
become
effective;
and
28
determine
when
or
if
a
rule
alleged
to
be
a
major
rule
became
29
effective.
30
The
bill
provides
that
ratification
of
a
major
rule
shall
not
31
extinguish
or
otherwise
affect
any
legal
claim
concerning
any
32
alleged
legal
defect
of
the
major
rule,
be
construed
as
a
grant
33
or
modification
of
statutory
authority
by
the
general
assembly
34
for
the
adoption
of
the
major
rule,
or
be
part
of
the
record
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before
the
district
court
in
any
judicial
proceeding
concerning
1
a
major
rule
except
for
purposes
of
a
proceeding
authorized
by
2
the
bill.
3
The
bill
requires
that
rulemaking
documents
include
4
additional
specified
information
such
as
related
regulatory
5
actions
by
the
agency,
more
detailed
comparisons
of
costs
and
6
benefits
of
the
rule,
sources
consulted
by
the
agency,
key
7
assumptions
made
by
the
agency,
and
sources
of
uncertainty
8
identified
by
the
agency.
9
This
division
of
the
bill
applies
to
rulemaking
commencing
10
with
a
regulatory
analysis
published
in
the
Iowa
administrative
11
bulletin
on
or
after
July
1,
2027,
or
with
a
rule
adopted
under
12
Code
section
17A.4,
subsection
3
(emergency
rule),
on
or
after
13
July
1,
2027.
14
RATIFICATION
OF
PROPOSED
AMENDMENTS
TO
STATE
IMPLEMENTATION
15
PLAN
——
FEDERAL
CLEAN
AIR
ACT.
The
bill
provides
that
a
16
proposal
to
amend
the
state
implementation
plan
under
section
17
110
of
the
federal
Clean
Air
Act
shall
not
be
submitted
for
18
federal
approval
until
it
is
ratified
by
the
general
assembly.
19
The
bill
authorizes
the
general
assembly
to
ratify
such
20
a
proposal
by
passage
of
a
joint
resolution
that
requires
21
approval
of
the
governor.
22
EXECUTIVE
BRANCH
BOARDS
——
TERMS
OF
OFFICE.
The
bill
changes
23
the
terms
of
service
for
members
of
the
Iowa
finance
authority
24
board
of
directors,
agricultural
development
board,
board
of
25
examiners
for
voting
systems,
investment
board
of
the
Iowa
26
public
employees’
retirement
system,
state
board
of
education,
27
and
state
board
of
regents
from
six
years
to
four
years.
This
28
change
in
terms
of
service
applies
to
members
appointed
by
the
29
governor
on
or
after
July
1,
2026.
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