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Senate
File
268
-
Introduced
SENATE
FILE
268
BY
KLIMESH
A
BILL
FOR
An
Act
relating
to
oil
and
gas
production,
including
filing
1
requirements,
the
authority
of
the
department
of
natural
2
resources,
confidential
information,
and
pooling
orders.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
458A.2,
Code
2025,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
01.
“Casing”
means
the
practice
of
3
providing
structural
integrity,
stability
for
unstable
geologic
4
formations,
and
formation
isolation,
allowing
for
pressure
5
control
via
blowout
preventer
equipment,
and
allowing
for
6
flowback
if
applicable.
7
NEW
SUBSECTION
.
2A.
“Correlative
rights”
means
the
8
opportunity
afforded
to
the
owner
of
each
property
in
a
pool
9
to
produce,
so
far
as
it
is
reasonably
practicable
to
do
so
10
without
waste,
a
just
and
equitable
share
of
the
oil
or
gas,
or
11
both,
in
the
pool.
12
NEW
SUBSECTION
.
5A.
“Exploratory
well”
means
a
well
drilled
13
beyond
the
known
producing
limits
of
a
pool.
14
NEW
SUBSECTION
.
20A.
“Well
log”
means
a
record
of
geologic
15
formations
penetrated
by
the
borehole
with
respect
to
both
time
16
and
depth
during
drilling
operations.
17
Sec.
2.
Section
458A.4,
subsection
1,
Code
2025,
is
amended
18
by
adding
the
following
new
paragraph:
19
NEW
PARAGRAPH
.
0b.
Every
person
acting
as
a
principal
or
20
agent
for
another
or
independently
engaged
in
the
production,
21
storage,
transportation,
except
by
railroad,
refining,
22
reclaiming,
treating,
marketing,
or
processing
of
oil
or
gas,
23
or
engaged
in
the
exploration
for
or
production
of
metallic
24
minerals
to
file
the
following
with
the
department
on
or
before
25
April
1
of
each
year:
26
(1)
The
name
under
which
the
business
is
being
operated.
27
(2)
The
name
and
contact
information
of
the
person,
28
business,
or
businesses
engaged
in
the
activity.
29
(3)
The
plan
of
organization.
30
(4)
For
a
corporation,
the
following
filings
apply:
31
(a)
The
law
under
which
the
corporation
is
chartered.
32
(b)
The
names
and
contact
information
for
any
person
acting
33
as
a
trustee.
34
(c)
The
names
of
the
manager,
agent,
or
executive.
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(d)
The
names
and
contact
information
of
all
officers.
1
(5)
The
names
and
contact
information
of
all
owners
if
the
2
business
is
conducted
under
an
assumed
name.
3
Sec.
3.
Section
458A.4,
subsection
1,
paragraph
b,
Code
4
2025,
is
amended
to
read
as
follows:
5
b.
The
making
and
filing
of
all
mechanical
well
logs
and
6
the
filing
of
directional
surveys
if
taken,
and
the
filing
of
7
reports
on
well
location,
drilling
,
and
production,
and
the
8
filing
free
of
charge
of
samples
and
core
chips
and
of
complete
9
cores
less
tested
sections
when
requested
in
the
department
10
within
six
months
after
the
completion
or
abandonment
of
the
11
well
,
unless
otherwise
extended
pursuant
to
section
458A.6A
;
12
Sec.
4.
Section
458A.4,
Code
2025,
is
amended
by
adding
the
13
following
new
subsection:
14
NEW
SUBSECTION
.
4A.
To
allow
for
variances
to
any
of
the
15
department’s
rules,
regulations,
or
orders.
A
variance
shall
16
be
granted
in
writing
by
the
director
without
a
hearing
upon
17
written
request
of
an
owner
or
applicant.
The
owner
or
the
18
applicant
requesting
the
variance
shall
demonstrate
that
it
has
19
made
a
good
faith
effort
to
comply
or
is
unable
to
comply
with
20
the
specific
requirements
contained
in
the
rules,
regulations,
21
or
orders
from
which
it
seeks
a
variance,
and
that
the
22
requested
variance
will
not
violate
the
basic
intent
of
this
23
chapter.
Upon
proper
submission
to
the
director,
the
director
24
shall
approve
or
deny
the
variance
request
within
fourteen
days
25
of
receipt.
The
director
shall
report
any
variance
granted
at
26
the
subsequent
hearing
or
otherwise
make
public
any
variance
27
granted.
28
Sec.
5.
NEW
SECTION
.
458A.6A
Confidential
information.
29
If
an
owner
seeks
to
submit
information
that
is
listed
30
as
confidential,
the
owner
will
confer
with
the
department
31
prior
to
submitting
the
information
to
verify
it
qualifies
32
as
confidential
pursuant
to
the
department’s
rules
or
33
otherwise
under
law.
If
the
information
is
determined
to
34
be
confidential,
the
owner
will
submit
hard
copies
of
the
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information
in
nonredacted
form
but
labeled
confidential
in
a
1
conspicuous
location
on
the
document.
Confidential
information
2
shall
be
maintained
as
confidential
and
held
without
public
3
access
for
a
period
of
five
years,
unless
otherwise
extended
4
by
the
director
for
good
cause.
Confidential
information
may
5
include
the
following:
6
1.
Monetary
amounts,
payment
terms,
drilling
obligations,
7
or
personal
information
listed
on
surface
use
agreements,
oil
8
and
gas
leases,
or
rights-of-way
agreements.
9
2.
Information
concerning
ongoing
commercial
negotiations
10
regarding
potential
or
planned
routing
and
location
of
11
off-lease
midstream
gathering
systems
or
infrastructure.
12
3.
Confidential
geological
or
geophysical
well
records
13
pertaining
to
exploratory
wells.
14
4.
Information
about
a
proposed
transfer
of
permits
and
15
assets.
16
5.
Proprietary
stimulation
or
completion
chemicals
that
17
qualify
as
trade
secrets.
18
6.
Personal
medical
information.
19
7.
Commercial
information
that,
if
disclosed,
would
be
20
likely
to
cause
substantial
harm
to
the
competitive
position
of
21
the
person
providing
the
information.
22
Sec.
6.
Section
458A.7,
subsections
3
and
4,
Code
2025,
are
23
amended
to
read
as
follows:
24
3.
An
order
establishing
spacing
units
for
a
pool
shall
25
specify
the
size
and
shape
of
each
unit
and
the
location
and
26
number
of
the
permitted
well
thereon
wells
in
accordance
with
27
a
reasonably
uniform
spacing
plan.
Upon
application,
if
the
28
director
finds
that
a
well
drilled
at
the
prescribed
location
29
would
not
produce
in
paying
quantities,
or
that
surface
30
conditions
would
substantially
add
to
the
burden
or
hazard
31
of
drilling
such
well,
the
director
is
authorized
to
enter
32
an
order
permitting
the
a
well
to
be
drilled
at
a
location
33
other
than
that
prescribed
by
such
spacing
order;
however,
the
34
director
shall
include
in
the
order
suitable
provisions
to
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prevent
the
production
from
the
spacing
unit
of
more
than
its
1
just
and
equitable
share
of
the
oil
and
gas
in
the
pool.
2
4.
An
order
establishing
units
for
a
pool
shall
cover
all
3
lands
determined
or
believed
to
be
underlaid
by
the
pool,
and
4
may
be
modified
by
the
director
from
time
to
time
to
include
5
additional
areas
determined
to
be
underlaid
by
the
pool.
When
6
found
necessary
for
the
prevention
of
waste,
or
to
avoid
the
7
drilling
of
unnecessary
wells
or
to
protect
correlative
rights,
8
an
order
establishing
spacing
units
in
a
pool
may
be
modified
9
by
the
director
to
increase
the
size
of
spacing
units
in
the
10
pool
or
any
zone
of
the
pool,
or
to
permit
the
drilling
of
11
additional
wells
within
a
spacing
unit
on
a
reasonable
uniform
12
plan
in
the
pool,
or
any
zone
of
the
pool.
Orders
of
the
13
director
may
be
appealed
to
the
department
within
thirty
days.
14
Sec.
7.
Section
458A.7,
Code
2025,
is
amended
by
adding
the
15
following
new
subsection:
16
NEW
SUBSECTION
.
5.
If
the
department
is
unable
to
determine
17
the
existence
of
a
pool
and
the
appropriate
acreage
to
be
18
embraced
within
a
spacing
unit
and
the
shape
thereof
based
19
on
the
evidence
introduced
at
hearing,
the
department
may
20
establish
an
exploratory
spacing
unit
for
the
purpose
of
21
drilling
one
or
more
exploratory
wells
in
order
to
establish
22
the
existence
of
a
pool
and
the
appropriate
size
and
shape
of
23
the
spacing
unit
to
be
applied
for
future
development
of
the
24
pool.
In
establishing
the
size
and
shape
of
the
exploratory
25
spacing
unit,
the
department
may
consider
the
size
and
shape
26
of
spacing
units
established
by
the
department
for
the
same
27
pool
or
formation
in
other
areas,
the
size
and
shape
of
units
28
for
similar
development
in
other
basins,
reservoir
modeling
or
29
other
preliminary
data
on
the
pool
or
formation,
and
any
other
30
information
the
department
deems
relevant.
31
Sec.
8.
Section
458A.8,
Code
2025,
is
amended
to
read
as
32
follows:
33
458A.8
Integration
of
fractional
tracts.
34
1.
When
two
or
more
separately
owned
tracts
are
embraced
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within
a
spacing
unit,
or
when
there
are
separately
owned
1
interests
in
all
or
a
part
of
the
spacing
unit,
then
the
owners
2
and
royalty
owners
of
the
tracts
may
pool
their
interests
3
for
the
development
and
operation
of
the
spacing
unit.
In
4
the
absence
of
voluntary
pooling,
the
department,
upon
the
5
application
of
any
interested
person,
shall
enter
an
order
6
pooling
all
interests
in
the
spacing
unit
for
the
development
7
and
operations
of
the
unit.
Each
pooling
order
shall
be
8
made
after
notice
and
hearing,
and
shall
be
upon
terms
and
9
conditions
that
are
just
and
reasonable,
and
that
afford
to
10
the
owner
of
each
tract
or
interest
in
the
spacing
unit
the
11
opportunity
to
recover
or
receive,
without
unnecessary
expense,
12
a
just
and
equitable
share.
Operations
incident
to
the
13
drilling
of
a
well
upon
any
portion
of
a
spacing
unit
covered
14
by
a
pooling
order
shall
be
deemed
for
all
purposes
to
be
the
15
conduct
of
the
operations
upon
each
separately
owned
tract
in
16
the
drilling
unit
by
the
several
owners
of
the
unit.
That
17
portion
of
the
production
allocated
to
each
tract
included
in
a
18
spacing
unit
covered
by
a
pooling
order
shall,
when
produced,
19
be
deemed
for
all
purposes
to
have
been
produced
from
the
tract
20
by
a
well
drilled
on
it.
21
2.
Each
pooling
order
shall
make
provision
for
the
drilling
22
and
operation
of
a
well
on
the
spacing
unit,
and
for
the
23
payment
of
the
reasonable
actual
cost
of
the
well
by
the
owners
24
of
interests
in
the
spacing
unit,
plus
a
reasonable
charge
for
25
supervision.
In
the
event
of
any
dispute
as
to
such
costs,
26
the
department
shall
determine
the
proper
costs.
If
an
owner
27
shall
drill
and
operate,
or
pay
the
expenses
of
drilling
and
28
operating
the
well
for
the
benefit
of
others,
then,
the
owner
29
so
drilling
or
operating
shall,
upon
complying
with
the
terms
30
of
section
458A.10
,
have
a
lien
on
the
share
of
production
31
from
the
spacing
unit
accruing
to
the
interest
of
each
of
32
the
other
owners
for
the
payment
of
a
proportionate
share
of
33
the
expenses.
All
the
oil
and
gas
subject
to
the
lien
shall
34
be
marketed
and
sold
and
the
proceeds
applied
in
payment
of
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the
expenses
secured
by
the
lien
as
provided
for
in
section
1
458A.10
.
2
2.
In
the
absence
of
voluntary
pooling
pursuant
to
3
subsection
1,
the
director,
upon
the
application
of
any
4
interested
person,
shall
enter
an
order
pooling
all
interests
5
in
a
spacing
unit
for
the
development
and
operation
thereof.
6
Any
such
pooling
order
may
authorize
cost
recovery
and
risk
7
penalties
against
nonconsenting
owners
for
a
specific
well.
8
Each
such
pooling
order
shall
be
made
after
notice
and
hearing
9
and
with
terms
and
conditions
that
are
just
and
reasonable.
10
Operations
incident
to
the
drilling
of
a
well
upon
any
portion
11
of
a
spacing
unit
covered
by
a
pooling
order
shall
be
deemed
12
for
all
purposes
to
be
the
conduct
of
such
operations
upon
13
each
separately
owned
tract
in
the
unit
by
the
several
owners
14
thereof.
When
produced,
that
portion
of
the
production
15
allocated
or
applicable
to
each
tract
included
in
a
unit
16
covered
by
a
pooling
order
shall
be
deemed
for
all
purposes
to
17
have
been
produced
from
such
tract
by
a
well
drilled
thereon.
18
3.
Each
pooling
order
shall
provide
for
the
drilling
and
19
operation
of
a
well
in
the
spacing
unit,
and
for
the
payment
of
20
the
cost
thereof,
as
provided
in
this
subsection.
The
director
21
is
specifically
authorized
to
provide
that
the
producer
shall
22
be
entitled
to
all
production
from
the
well
that
would
be
23
received
by
the
owner
or
owners,
for
whose
benefit
the
well
24
was
drilled
or
operated,
after
payment
of
royalty
as
provided
25
in
the
lease,
if
any,
applicable
to
each
tract
or
interest
or
26
after
payment
of
the
royalty
if
required
under
subsection
4,
27
and
obligations
payable
out
of
production,
until
the
producers
28
have
been
paid
the
amount
due
under
the
terms
of
the
pooling
29
order
or
order
settling
the
dispute.
In
the
event
of
any
30
disputed
cost,
the
director
shall
determine
the
proper
cost.
31
The
pooling
order
shall
determine
the
interest
of
each
owner
32
in
the
unit,
and
may
provide
that
each
owner
who
agrees
with
33
the
producer
for
the
payment
by
the
owner
of
the
owner’s
share
34
of
the
costs,
unless
the
owner
has
agreed
otherwise,
shall
be
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entitled
to
receive,
subject
to
royalty
or
similar
obligations,
1
the
share
of
the
production
of
the
well
applicable
to
the
tract
2
of
the
nonconsenting
owner.
Each
owner
who
does
not
agree
3
shall
be
entitled
to
receive
from
the
producer
the
owner’s
4
share
of
the
production
applicable
to
the
owner’s
interest
5
after
the
producer
has
recovered
the
following,
subject
to
the
6
provisions
of
subsection
4:
7
a.
One
hundred
percent
of
the
nonconsenting
owner’s
share
8
of
the
cost
of
any
newly
acquired
surface
equipment
beyond
9
the
wellhead
connections,
including
stock
tanks,
separators,
10
treaters,
or
pumping
equipment
and
piping,
plus
one
hundred
11
percent
of
the
nonconsenting
owner’s
share
of
the
cost
of
12
operating
the
well
commencing
with
first
production
and
13
continuing
until
the
nonconsenting
owner’s
relinquished
14
interest
reverts
under
other
provisions
in
this
section.
15
b.
Up
to
two
hundred
percent
of
that
portion
of
the
costs
16
and
expenses
of
drilling,
reworking,
deepening
or
plugging
17
back,
testing,
and
completing,
after
deducting
any
cash
18
contributions
received,
and
up
to
two
hundred
percent
of
that
19
portion
of
the
cost
of
newly
acquired
equipment
in
the
well,
20
up
to
and
including
the
wellhead
connections,
which
would
have
21
been
chargeable
to
the
nonconsenting
owner
if
the
owner
had
22
participated
therein,
if
the
nonconsenting
owner’s
tract
or
23
interest
is
subject
to
a
lease
or
other
contract
for
oil
and
24
gas
development.
25
4.
During
the
time
the
producer
is
recovering
costs
from
26
a
nonconsenting
owner
as
authorized
in
a
pooling
order
issued
27
pursuant
to
subsection
2,
a
nonconsenting
owner
of
a
tract
or
28
interest
in
a
spacing
unit
that
is
not
subject
to
a
lease
or
29
other
contract
for
oil
and
gas
development
shall
be
entitled
30
to
a
cost-free
royalty
interest
equal
to
twelve
and
one-half
31
percent.
32
5.
Upon
full
payment
of
the
recoverable
costs
as
specified
33
in
subsection
3,
the
following
shall
occur:
34
a.
Within
thirty
days
the
producer
shall
notify
the
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nonconsenting
owner
to
offer
to
the
nonconsenting
owner
the
1
opportunity
to
participate
under
the
pooling
order
as
a
working
2
interest
owner.
The
notice
shall
state
that
the
nonconsenting
3
owner
may
elect
to
participate
in
the
pooling
order
or
may
4
elect
to
continue
receiving
the
royalty
specified
in
subsection
5
4.
6
b.
Within
sixty
days
after
receiving
notice,
the
7
nonconsenting
owner
shall
inform
the
producer
whether
the
8
nonconsenting
owner
wishes
to
make
an
election
to
participate
9
under
the
pooling
order
as
a
working
interest
owner
or
continue
10
receiving
the
royalty
specified
in
subsection
4.
11
c.
If
the
nonconsenting
owner
fails
to
respond
to
the
notice
12
within
the
time
specified
in
paragraph
“b”
,
the
nonconsenting
13
owner
shall
be
deemed
to
elect
to
continue
receiving
the
14
royalty
specified
in
subsection
4.
15
d.
Within
five
business
days
after
receiving
notice
of
16
election
from
a
nonconsenting
owner
or
upon
expiration
of
the
17
time
specified
in
paragraph
“b”
,
the
producer
shall
notify
the
18
director
regarding
the
nonconsenting
owner’s
election
or
lack
19
thereof.
20
6.
An
application
for
pooling
shall
provide
at
least
the
21
following:
22
a.
A
certificate
of
service
containing
all
persons
that
23
have
a
royalty
interest
or
are
owners
inside
the
drilling
and
24
spacing
unit.
25
b.
The
applicant’s
interest
type
in
the
drilling
and
spacing
26
unit.
27
c.
The
legal
description
of
the
lands
and
the
department
28
docket
number
establishing
the
drilling
and
spacing
unit
sought
29
to
be
pooled.
30
d.
A
statement
that
two
or
more
separately
owned
tracts
or
31
separately
owned
interests
in
the
drilling
and
spacing
unit
32
have
not
voluntarily
pooled
their
interests
and
any
valid
33
pooling
order
for
the
drilling
and
spacing
unit.
34
e.
The
American
petroleum
institute
well
number
of
the
well
35
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subject
to
the
application,
if
requesting
cost
recovery
or
risk
1
penalties.
2
f.
A
list
of
all
nonconsenting
owners
in
the
well
that
the
3
applicant
is
seeking
cost
recovery
and
risk
penalties
against
4
at
the
time
of
filing
the
application.
5
g.
The
cost
recovery
and
risk
penalties
the
applicant
is
6
requesting,
if
any.
7
7.
An
applicant
shall
provide
at
hearing
at
least
the
8
following:
9
a.
A
copy
of
the
election
letter,
well
proposal,
and
10
authorization
for
expenditure
sent
to
the
owners
in
the
11
drilling
and
spacing
unit.
12
b.
The
names
and
interests
of
all
nonconsenting
owners
and
13
unleased
nonconsenting
owners
in
the
well.
14
c.
Evidence
to
justify
the
application
of
a
risk
penalty.
15
Sec.
9.
REPEAL.
Section
458A.6,
Code
2025,
is
repealed.
16
EXPLANATION
17
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
18
the
explanation’s
substance
by
the
members
of
the
general
assembly.
19
This
bill
relates
to
oil
and
gas
production,
including
20
filing
requirements,
the
authority
of
the
department
of
natural
21
resources
(department),
confidential
information,
and
pooling
22
orders.
23
The
bill
provides
the
director
of
the
department
the
24
authority
to
require
yearly
filings
from
every
person
acting
as
25
a
principal
or
agent
for
another
or
independently
engaged
in
26
the
production,
storage,
transportation,
except
by
railroad,
27
refining,
reclaiming,
treating,
marketing,
or
processing
of
28
oil
or
gas,
or
engaged
in
the
exploration
for
or
production
of
29
metallic
minerals
that
includes
names,
contact
information,
and
30
certain
organizational
details.
31
The
bill
grants
the
director
the
authority
to
issue
32
variances
to
any
of
the
department’s
rules,
regulations,
or
33
orders.
A
variance
may
be
granted
without
a
hearing.
The
34
application
for
a
variance
must
demonstrate
a
good
faith
effort
35
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or
inability
to
comply
with
specific
requirements.
A
variance
1
request
must
be
approved
within
14
days
and
shall
be
made
2
public.
3
The
bill
allows
an
owner
to
make
information
submitted
to
4
the
department
confidential
for
five
years,
unless
otherwise
5
extended
by
the
director
for
good
cause.
The
bill
provides
6
procedures
to
make
information
confidential
and
includes
7
examples
of
types
of
information
that
may
be
determined
8
confidential.
9
The
bill
allows
the
department
to
establish
an
exploratory
10
spacing
unit
to
drill
one
or
more
exploratory
wells
to
11
establish
the
existence
of
a
pool
and
the
appropriate
size
and
12
shape
of
the
spacing
unit
if
it
is
unable
to
determine
the
13
existence
of
a
pool
and
the
appropriate
acreage
and
shape
to
be
14
embraced
within
a
spacing
unit
based
on
the
evidence
introduced
15
at
hearing.
16
The
bill
requires
each
pooling
order
to
provide
for
the
17
drilling
and
operation
of
a
well
in
the
spacing
unit
and
for
18
payment
of
the
cost
incurred.
The
bill
authorizes
the
director
19
to
ensure
the
producers
are
entitled
to
all
production
from
20
the
well
after
payment
of
royalties
and
other
obligations.
21
The
bill
requires
the
director
to
determine
costs
if
there
22
is
a
dispute.
The
bill
provides
that
the
pooling
order
must
23
determine
the
interest
of
each
owner
in
the
unit,
including
the
24
owner’s
share
of
cost,
unless
otherwise
agreed,
and
entitles
25
the
owners
the
share
of
production
of
the
well
applicable
to
26
the
tract
of
the
nonconsenting
owner,
subject
to
royalties
and
27
other
obligations.
Owners
who
do
not
agree
to
the
pooling
28
order
are
entitled
to
a
share
of
the
production
applicable
29
to
the
owner’s
interest
after
the
producer
has
recovered
a
30
certain
amount
specified
in
the
bill,
which
includes
costs
31
attributed
to
newly
acquired
surface
equipment
beyond
the
32
wellhead
connections,
operation,
drilling,
reworking,
deepening
33
or
plugging
back,
testing,
and
completing,
and
newly
acquired
34
equipment
in
the
well,
up
to
and
including
the
wellhead
35
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connections.
1
The
bill
provides
that
a
nonconsenting
owner
of
a
tract
or
2
interest
in
a
spacing
unit
that
is
not
subject
to
a
lease
or
3
other
contract
for
oil
and
gas
development
shall
be
entitled
to
4
a
cost-free
royalty
interest
equal
to
12.5
percent
during
the
5
time
of
drilling
or
operating
a
well
pursuant
to
the
pooling
6
order.
7
After
the
producer
has
fully
recovered
costs
as
described
8
in
the
bill,
the
producer
must
send
a
notice
within
30
days
to
9
any
nonconsenting
owner
to
offer
participation
as
a
working
10
interest
owner
under
the
pooling
order.
The
nonparticipating
11
owner
has
60
days
after
receipt
of
the
notice
to
accept
12
the
offer
or
may
elect
to
continue
receiving
the
default
13
royalty.
If
the
nonparticipating
owner
does
not
respond,
14
the
nonparticipating
owner
will
be
deemed
to
have
elected
to
15
continue
receiving
the
default
royalty.
The
producer
must
16
inform
the
director
of
the
nonparticipating
owner’s
decision
17
within
five
business
days
of
receiving
an
answer
or
the
18
expiration
of
time
allowed
to
respond.
19
The
bill
provides
minimum
requirements
for
an
application
20
for
compulsory
pooling
and
any
associated
hearing.
21
Under
current
law,
the
department
has
the
authority
to
22
determine
market
demand
for
oil
and
gas
for
each
marketing
23
district
and
to
regulate
the
amount
of
production.
The
bill
24
eliminates
this
authority
from
the
department.
25
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