reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.613 - Construction.

468.613 Construction.
Before entering on the construction of the drain, the party applying therefor shall pay to the party through whose land said drain is to be constructed the damages awarded to that party, or shall pay the same to the board for that party’s use. The applicant may proceed to construct said drain in accordance with the decision of the board, and the taking of an appeal shall not delay such work.
[C97, §1959; S13, §1959; C24, 27, 31, 35, 39, §7728; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §465.14]
89 Acts, ch 126, §2
CS89, §468.613
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.614 - Construction through railroad property.

468.614 Construction through railroad property.
If any such ditch or drain shall be located through or across the right-of-way or other land of a railroad company, the board shall determine the cost of constructing the same and the railroad company shall have the privilege of constructing such improvement through its property in accordance with the specifications made by the board and recover the costs thereof as fixed by the board. Such railroad company before it may exercise such privilege shall file its election to that effect with the auditor within five days after the decision of the board is filed.
[S13, §1959; C24, 27, 31, 35, 39, §7729; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §465.15]
89 Acts, ch 126, §2
CS89, §468.614
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.615 - Deposit.

468.615 Deposit.
In case such election is filed the applicant shall within ten days thereafter pay to the auditor, for the use of the railroad company, the cost of constructing the drainage improvement through its property, in addition to the amount that may be allowed as damages, and when the railroad company shall have completed the improvement through its property in accordance with such specifications it shall be entitled to demand and receive from the auditor such cost.
[S13, §1959; C24, 27, 31, 35, 39, §7730; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §465.16]
89 Acts, ch 126, §2
CS89, §468.615
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.616 - Failure to construct.

468.616 Failure to construct.
If the railroad company shall fail to so construct the improvement for a period of thirty days after filing its election so to do, the applicant may proceed to do so and may have returned to the applicant the cost thereof deposited with the auditor.
[S13, §1959; C24, 27, 31, 35, 39, §7731; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §465.17]
89 Acts, ch 126, §2
CS89, §468.616
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.617 - Repairs.

468.617 Repairs.
In case any dispute shall thereafter arise as to the repair of any such drain, the same shall be determined by the county board of supervisors upon application in substantially the same manner as in the original construction thereof.
[C73, §1226; C97, §1960; C24, 27, 31, 35, 39, §7732; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §465.18]
89 Acts, ch 126, §2
CS89, §468.617
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.618 - Obstruction.

468.618 Obstruction.
Any person who shall dam up, obstruct, or in any way injure any ditch or drain so constructed, shall be liable to pay to the person owning or possessing the swamp, marsh, or other lowlands, for the draining of which such ditch or ditches have been opened, double the damages that shall be sustained by the owner, and, in case of a second or subsequent offense by the same person, treble such damages.
[C73, §1227; C97, §1961; C24, 27, 31, 35, 39, §7733; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §465.19]
89 Acts, ch 126, §2
CS89, §468.618
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.619 - Drains on abutting boundary lines.

468.619 Drains on abutting boundary lines.
When any watercourse or natural drainage line crosses the boundary line between two adjoining landowners and both parties desire to drain their land along such watercourse or natural drainage line, but are unable to agree as to the junction of the lines of drainage at such boundary line, the board of supervisors of the county in which said land is located shall have full power and authority upon the application of either party to hear and determine all questions arising between such parties after giving due notice to each of the time and place of such hearing, and may render such decision thereon as to said board shall seem just and equitable.
[C97, §1962; C24, 27, 31, 35, 39, §7734; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §465.20]
89 Acts, ch 126, §2
CS89, §468.619
Referred to in §468.620
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.620 - Boundary between two counties.

468.620 Boundary between two counties.
If any controversy referred to in section 468.619 relates to a boundary line between adjoining owners which is also the boundary line between two counties, then such controversy shall be determined by the joint action of the boards of supervisors in said two adjoining counties, and all the proceedings shall be the same as provided in section 468.619 except that it shall be by the joint action of the boards of the two counties.
[C24, 27, 31, 35, 39, §7735; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §465.21]
89 Acts, ch 126, §2
CS89, §468.620
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.621 - Drainage in course of natural drainage — reconstruction — damages.

468.621 Drainage in course of natural drainage — reconstruction — damages.
Owners of land may drain the land in the general course of natural drainage by constructing or reconstructing open or covered drains, discharging the drains in any natural watercourse or depression so the water will be carried into some other natural watercourse, and if the drainage is wholly upon the owner’s land the owner is not liable in damages for the drainage unless it increases the quantity of water or changes the manner of discharge on the land of another. An owner in constructing a replacement drain, wholly on the owner’s land, and in the exercise of due care, is not liable in damages to another if a previously constructed drain on the owner’s own land is rendered inoperative or less efficient by the new drain, unless in violation of the terms of a written contract. This section does not affect the rights or liabilities of proprietors in respect to running streams.
[S13, §1989-a53; C24, 27, 31, 35, 39, §7736; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §465.22]
87 Acts, ch 225, §306; 89 Acts, ch 126, §2
CS89, §468.621
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.622 - Drainage connection with highway.

468.622 Drainage connection with highway.
1. When the course of natural drainage of any land runs to a public highway, the owner of such land shall have the right to enter upon the highway for the purpose of connecting the owner’s drain or ditch with any drain or ditch constructed along or across the highway. In making the connections, the owner shall do so in accordance with specifications furnished by the highway authorities having jurisdiction over the highway, which specifications shall be furnished to the owner on application. The owner shall leave the highway in as good condition in every way as it was before the work was done.
2. If a tile line or drainage ditch must be projected across the right-of-way to a suitable outlet, the expense of both material and labor used in installing the tile line or drainage ditch across the highway and any subsequent repair of the tile line or drainage ditch shall be paid from funds available for the highways affected.
[C97, §1963; C24, 27, 31, 35, 39, §7737; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §465.23]
89 Acts, ch 126, §2
CS89, §468.622
2019 Acts, ch 59, §170
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.623 - Private drainage system — record.

468.623 Private drainage system — record.
1. Any person who has provided a system of drainage on land owned by the person may have the same made a matter of record in the office of the county recorder of the county in which the drainage system is located, provided any drainage system constructed after July 1, 1969, shall be made a matter of record. The record shall contain the applicable entries specified in sections 558.49 and 558.52.
2. Records under subsection 1 may be used to give the owner’s name, description of tracts of land drained, stating the time when the drainage system was established, the kind, quality, and brand of tile used, the name and place of the manufacturing plant, the name of contractors who laid the tile, the name of the engineer in charge of the survey and installation, the cost of tile, delivery, installation, and engineering expense, depths, grades, outlets, connections, contracts for agreements with adjoining landowners as to connections, and any other matters or information that may be considered of value, and such information may be furnished by the landowner or the engineer having charge of the installation and certified to under oath.
[C24, 27, 31, 35, 39, §7738; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §465.24]
89 Acts, ch 126, §2
CS89, §468.623
2009 Acts, ch 27, §24
Referred to in §331.607, 468.626, 468.628
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.626 - Original plat filed.

468.626 Original plat filed.
In lieu of making the record as provided in section 468.623, any landowner may file with the county recorder the original plat used in the establishment of the drainage system, or a copy of the plat, which shall be certified by the engineer having made the same. If practicable, a plat filed under this section shall be made a matter of record and shall contain the applicable entries specified in sections 558.49 and 558.52.
[C24, 27, 31, 35, 39, §7741; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §465.27]
89 Acts, ch 126, §2
CS89, §468.626
2009 Acts, ch 27, §25; 2020 Acts, ch 1063, §258
Referred to in §468.628
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.627 - Record not part of title.

468.627 Record not part of title.
The drainage records provided for in this subchapter shall not be construed as an essential part of the title to said lands, but may upon request be set out by abstracters as part of the record title of said lands.
[C24, 27, 31, 35, 39, §7742; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §465.28]
89 Acts, ch 126, §2
CS89, §468.627
2020 Acts, ch 1063, §259
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.628 - Fees for recording.

468.628 Fees for recording.
When information is filed with the county recorder pursuant to section 468.623 or 468.626, the recorder shall collect recording fees in the amounts specified in section 331.604.
[C24, 27, 31, 35, 39, §7743; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §465.29]
89 Acts, ch 126, §2
CS89, §468.628
2009 Acts, ch 27, §26
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.629 - Lost records — hearing.

468.629 Lost records — hearing.
When the records of any mutual drain are incomplete or have been lost, or when the owner of any land affected by such mutual drain believes that the apportionment of costs or damages is inequitable or that repair or reconstruction is needed, such owner may petition the board of supervisors for relief. The board shall notify all affected parties of such petition, and set a date for a hearing on the petition. The board may adjourn the proceedings from day to day, but no adjournment shall be for more than ten days, and may order such engineering examinations, reclassifications of lands and appraisals of damages as they deem necessary. At the completion of the hearing the supervisors shall reestablish the original records or establish a revised record and basis for apportionment of costs and damages as they find equitable and advisable, and may order such repairs or reconstruction as they find to be needed. All cost of such reestablishment or revisions of records, and of the needed repair or reconstruction shall be apportioned in accordance with the basis established.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §465.30]
89 Acts, ch 126, §2
CS89, §468.629
Referred to in §468.630
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.630 - Mutual drains — establishment as district.

468.630 Mutual drains — establishment as district.
Whenever a landowner fails to pay the cost apportioned as provided in section 468.629, or whenever a repair or reconstruction ordered as provided in said section is not made within reasonable time, and in such other instances as the board of supervisors desires, the board by resolution shall establish such mutual drain as a drainage district; all proceedings thereafter shall be as provided for other legally established districts.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §465.31]
89 Acts, ch 126, §2
CS89, §468.630
Referred to in §468.631
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.631 - Appeal.

468.631 Appeal.
The decisions and actions of the board of supervisors under section 468.630 may be appealed as provided in sections 468.608 through 468.610.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §465.32]
89 Acts, ch 126, §2
CS89, §468.631
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.632 - Record filed with established district.

468.632 Record filed with established district.
When the lands served by a mutual drain are within the boundary of an established drainage district, a complete record of the proceeding relating to such mutual drain shall be filed with and as a part of, the records of such established district.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §465.33]
89 Acts, ch 126, §2
CS89, §468.632
Referred to in §468.633
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.633 - Lost or incomplete records.

468.633 Lost or incomplete records.
If the records referred to in section 468.632 are incomplete or have been lost, the board may reestablish such records so as to proportion future costs and damages in proportion to the benefits and damages received because of the construction of such mutual drains and improvements thereof, and may order such surveys, engineering reports, reclassification of lands and appraisal of damages as they deem necessary. All costs of such proceedings shall be assessed against the benefited lands.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §465.34]
89 Acts, ch 126, §2
CS89, §468.633
Referred to in §468.634
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 468 - LEVEE AND DRAINAGE DISTRICTS AND IMPROVEMENTS › Section 468.634 - Petition to combine with established district.

468.634 Petition to combine with established district.
Upon receipt of a petition, signed by the owners of the lands served by a mutual drain, requesting that such drain be combined with an established drainage district, the board shall hold a hearing with due notice to the owners of all lands affected by said mutual drain, and if the board finds it desirable it may by resolution make such mutual drains a part of the established district. Such hearing and resolution may be continued as the board deems necessary for the collection of additional information as provided in section 468.633. Such combination with an established district shall constitute dissolution of the mutual drain, and shall be so recorded, after which such mutual drain shall be a part of the district drain in all respects.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §465.35]
89 Acts, ch 126, §2
CS89, §468.634
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 469 - ENERGY INDEPENDENCE INITIATIVES

CHAPTER 469
ENERGY INDEPENDENCE INITIATIVES
Repealed by 2011 Acts, ch 118, §49, 89
For provisions regarding transfer of funds under the control of the office of energy independence to the economic development authority, continuation of licenses, permits, or contracts by the economic development authority, continued administration of grants or loans awarded from the Iowa power fund, continued administration of federal grant funds by the economic development authority, and employment status of certain office of energy independence employees,
see
2011 Acts, ch 118, §51, 89
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 469A - HYDROELECTRIC PLANTS › Section 469A.1 - Certificate of convenience and necessity.

469A.1 Certificate of convenience and necessity.
It shall be unlawful for any person, firm, association or corporation to engage in the business of constructing, maintaining or operating within this state any hydroelectric generating plant or project without first having obtained from the executive council of Iowa a certificate of convenience and necessity declaring that the public convenience and necessity require such construction, maintenance or operation.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §469A.1]
Referred to in §469A.7
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 469A - HYDROELECTRIC PLANTS › Section 469A.2 - Public hearing.

469A.2 Public hearing.
No certificate of convenience and necessity shall be issued by the executive council except after a public hearing thereon. The executive council shall, upon the filing of an application for such a certificate, fix the time of the public hearing thereon and shall prescribe the notice which shall be given by the applicant. Any interested person, firm, association, corporation, municipality, state board or commission may intervene and participate in such proceeding and at such hearing.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §469A.2]
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 469A - HYDROELECTRIC PLANTS › Section 469A.3 - Public welfare promoted.

469A.3 Public welfare promoted.
Before the executive council shall issue a certificate of convenience and necessity, it shall first be satisfied that the public convenience and necessity will be promoted thereby, that the applicant has the financial ability to carry out the terms and conditions imposed, and the applicant has in writing agreed to accept, abide by and comply with such reasonable terms and conditions as the executive council may require and impose.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §469A.3]
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 469A - HYDROELECTRIC PLANTS › Section 469A.4 - Rules imposed.

469A.4 Rules imposed.
The executive council shall prescribe such rules as it may determine necessary for the administration of the provisions of this chapter and may amend such rules at any time.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §469A.4]
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 469A - HYDROELECTRIC PLANTS › Section 469A.5 - Costs advanced.

469A.5 Costs advanced.
The executive council shall, upon the filing of an application, require the applicant to deposit with the secretary of the executive council such amount as the council shall determine, to pay the expenses to be incurred by the executive council in its investigations and in conducting the proceedings, and the executive council may, from time to time as it deems necessary, require the deposit of additional amounts for such purpose.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §469A.5]
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 469A - HYDROELECTRIC PLANTS › Section 469A.6 - Amendment or revocation.

469A.6 Amendment or revocation.
The executive council may at any time for just cause or upon the failure of the applicant to comply with and to obey the terms and conditions attached to the issuance of any certificate, or when the public convenience and necessity demands, alter, amend or revoke any certificate issued under the provisions of this chapter.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §469A.6]
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 469A - HYDROELECTRIC PLANTS › Section 469A.7 - Penalty.

469A.7 Penalty.
Any person, firm, association or corporation who shall violate the provisions of section 469A.1, shall be guilty of a serious misdemeanor. Each separate day that a violation occurs shall constitute a separate offense.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §469A.7]
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 469A - HYDROELECTRIC PLANTS › Section 469A.8 - Unlawful combination — receivership.

469A.8 Unlawful combination — receivership.
The state may take possession of a dam for which a permit has been issued under section 455B.275 through receivership proceedings, if the dam becomes owned, leased, trusteed, possessed, or controlled by a person in a manner constituting an unlawful combination or trust, or if the dam is the subject or part of the subject of an agreement to limit the output of hydraulic or hydroelectric power derived from the dam for the purpose of price fixing. The receivership proceedings must be instituted by the executive council, and shall be conducted for the purpose of disposing of the dam for a lawful use. The proceeds from the disposition shall be used to reimburse the state for expenses incurred in the receivership. The remaining proceeds shall be awarded to persons found by the court to be entitled to the proceeds.
90 Acts, ch 1108, §5
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 470 - LIFE CYCLE COST ANALYSIS OF PUBLIC FACILITIES › Section 470.1 - Definitions.

470.1 Definitions.
As used in this chapter unless the context otherwise requires:
1. “Addition” means new construction equal to or greater than twenty thousand square feet of usable floor space that is heated or cooled by a mechanical or electrical system and is joined to an existing facility.
2. “Authority” means the economic development authority created in section 15.105.
3. “Commissioner” means the state building code commissioner.
4. “Director” means the director of the economic development authority.
5. “Economic life” means the projected or anticipated useful life of a facility as expressed by a term of years.
6. “Energy system” includes but is not limited to the following equipment or measures:
a. Equipment used to heat or cool the facility.
b. Equipment used to heat water in the facility.
c. On-site equipment used to generate electricity for the major facility.
d. On-site equipment that uses the sun, wind, oil, natural gas, coal, or electricity as a power source.
e. Energy conservation measures in the facility design and construction that decrease the energy requirements of the facility.
7. “Facility” means a building having twenty thousand square feet or more of usable floor space that is heated or cooled by a mechanical or electrical system.
8. “Initial cost” means the moneys required for the capital construction or renovation of a facility or the construction of an addition.
9. “Life cycle cost analysis” means an analytical technique that considers certain costs of owning, using, and operating a facility over its economic life including but not limited to the following:
a. Initial costs.
b. System repair and replacement costs.
c. Maintenance costs.
d. Operating costs, including energy costs.
e. Salvage value.
10. “Public agency” means a state agency, political subdivision of the state, school district, area education agency, or community college.
11. “Renovation” means a project where alterations, that are not additions, to an existing facility exceed fifty percent of the value of a facility and will affect an energy system.
[C81, §470.1]
91 Acts, ch 253, §17, 18; 2009 Acts, ch 108, §23, 41; 2011 Acts, ch 118, §42 – 44, 89; 2016 Acts, ch 1109, §1, 2, 9
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 470 - LIFE CYCLE COST ANALYSIS OF PUBLIC FACILITIES › Section 470.2 - Policy — analysis required.

470.2 Policy — analysis required.
The general assembly declares that energy management is of primary importance in the design of publicly owned facilities. On or after May 26, 2016, a public agency responsible for the construction or renovation of a facility or the construction of an addition shall, in a design begun after that date, include as a design criterion the requirement that a life cycle cost analysis be conducted for the facility. The objectives of the life cycle cost analysis are to optimize energy efficiency at an acceptable life cycle cost. The life cycle cost analysis shall meet the requirements of section 470.3.
[C81, §470.2]
2016 Acts, ch 1109, §3, 9
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 470 - LIFE CYCLE COST ANALYSIS OF PUBLIC FACILITIES › Section 470.3 - Elements of analysis.

470.3 Elements of analysis.
1. A life cycle cost analysis shall include but is not limited to the following elements:
a. Specification of energy management objectives and health, safety, and functional constraints. The facility design shall comply with applicable state or local building code requirements.
b. Identification of the energy needs of the facility and energy system alternatives to meet those needs.
c. Cost of the energy system alternatives identified in paragraph “b” of this subsection.
d. Determination of amounts and timing of cash flow.
e. Calculation of life cycle cost using an economic model such as, but not limited to, rate of return, annual equivalent cost or present equivalent cost.
f. Evaluation of design and system alternatives using a method such as, but not limited to, design matrixes, ranking tables, or network analysis.
2. A public agency or a person preparing a life cycle cost analysis for a public agency shall use the methodology set forth in the guidelines established, by rule, by the commissioner.
[C81, §470.3]
88 Acts, ch 1179, §6; 91 Acts, ch 253, §19; 2009 Acts, ch 108, §24, 41; 2011 Acts, ch 118, §50, 89; 2016 Acts, ch 1109, §4, 9
Referred to in §470.2
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 470 - LIFE CYCLE COST ANALYSIS OF PUBLIC FACILITIES › Section 470.4 - Analysis approved.

470.4 Analysis approved.
The life cycle cost analysis shall be approved by the public agency before contracts for the construction or renovation of a facility or the construction of an addition are let. A public agency may accept a facility design and shall meet the requirements of this chapter if the design meets the operational requirements of the agency and provides the optimum life cycle cost. The public agency shall retain a copy of the life cycle cost analysis and a statement justifying a design decision both of which shall be available for public inspection at reasonable hours.
[C81, §470.4]
2016 Acts, ch 1109, §5, 9
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 470 - LIFE CYCLE COST ANALYSIS OF PUBLIC FACILITIES › Section 470.5 - Exceptions.

470.5 Exceptions.
This chapter does not apply to buildings used on January 1, 1980 by the division of adult corrections of the department of human services as maximum security detention facilities or to the renovation of property nominated to, or entered in the national register of historic places, designated by statute, or included in an established list of historic places compiled by the historical division of the department of cultural affairs.
[C81, §470.5; 82 Acts, ch 1238, §22]
83 Acts, ch 96, §157, 159
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 470 - LIFE CYCLE COST ANALYSIS OF PUBLIC FACILITIES › Section 470.6 - Restriction on use of public funds.

470.6 Restriction on use of public funds.
Public funds shall not be used for the construction or renovation of a facility or the construction of an addition unless the design for the work is prepared in accordance with this chapter and the actual construction or renovation of the facility or the construction of the addition meets the requirements of the design.
[C81, §470.6]
2016 Acts, ch 1109, §6, 9
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 470 - LIFE CYCLE COST ANALYSIS OF PUBLIC FACILITIES › Section 470.7 - Life cycle cost analysis — approval.

470.7 Life cycle cost analysis — approval.
1. The public agency responsible for the new construction or renovation of a public facility or the construction of an addition to a public facility shall submit a copy of the life cycle cost analysis for review by the commissioner who shall consult with the authority. If the public agency is also a state agency under section 7D.34, comments by the authority or the commissioner, including any recommendation for changes in the analysis, shall, within thirty days of receipt of the analysis, be forwarded in writing to the public agency. If either the authority or the commissioner disagrees with any aspects of the life cycle cost analysis, the public agency affected shall timely respond in writing to the commissioner and the authority. The response shall indicate whether the agency intends to implement the recommendations and, if the agency does not intend to implement them, the public agency shall present its reasons. The reasons may include but are not limited to a description of the purpose of the facility or renovation, preservation of historical architectural features, architectural and site considerations, and health and safety concerns.
2. Within thirty days of receipt of the response of the public agency affected, the authority, the commissioner, or both, shall notify in writing the public agency affected of the authority’s, the commissioner’s, or both’s agreement or disagreement with the response. In the event of a disagreement, the authority, the commissioner, or both, shall at the same time transmit the notification of disagreement with response and related papers to the executive council for resolution pursuant to section 7D.34. The life cycle cost analysis process, including submittal and approval, and implementation exemption requests pursuant to section 470.8, shall be completed prior to the letting of contracts for the construction or renovation of a facility or the construction of an addition.
88 Acts, ch 1179, §7; 89 Acts, ch 315, §28; 91 Acts, ch 253, §20; 2009 Acts, ch 108, §25, 41; 2011 Acts, ch 118, §50, 89; 2016 Acts, ch 1109, §7, 9
Referred to in §7D.35
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 470 - LIFE CYCLE COST ANALYSIS OF PUBLIC FACILITIES › Section 470.8 - Life cycle cost analysis — implementation and exemptions.

470.8 Life cycle cost analysis — implementation and exemptions.
1. The public agency responsible for the new construction or renovation of a public facility or the construction of an addition shall implement the recommendations of the life cycle cost analysis.
2. The commissioner shall adopt rules for the implementation and administration of the life cycle cost analysis. The commissioner, in consultation with the director, shall, by rule, develop criteria to exempt facilities from the implementation requirements of this section. Using the criteria, the commissioner, in cooperation with the director, shall exempt facilities on a case-by-case basis. Factors to be considered when developing the exemption criteria shall include, but not be limited to, a description of the purpose of the facility or renovation, the preservation of historical architectural features, site considerations, and health and safety concerns. The commissioner and the director shall grant or deny a request for exemption from the requirements of this section within thirty days of receipt of the request.
91 Acts, ch 253, §21; 2016 Acts, ch 1109, §8, 9
Referred to in §470.7
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 473 - ENERGY DEVELOPMENT AND CONSERVATION › Section 473.1 - Definitions.

473.1 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Alternative and renewable energy” means energy sources including but not limited to solar, wind turbine, waste management, resource recovery, recovered energy generation, refuse-derived fuel, hydroelectric, agricultural crops or residues, hydrogen produced using renewable fuel sources, and woodburning, or relating to renewable fuel development and distribution.
2. “Authority” means the economic development authority created in section 15.105.
3. “Director” means the director of the authority or a designee.
4. “Energy” or “energy sources” means gasoline, fuel oil, natural gas, propane, coal, special fuels, and electricity.
5. “Renewable fuel” means a fuel that is all of the following:
a. A motor vehicle fuel that is any of the following:
(1) Produced from grain; starch; oilseed; vegetable, animal, or fish materials, including but not limited to fats, greases, and oil; sugar components, grasses, or potatoes; or other biomass.
(2) Natural gas produced from a biogas source including but not limited to a landfill, sewage waste treatment plant, animal feeding operation, or other place where decaying organic material is found.
b. Used to replace or reduce the quantity of fossil fuel present in a motor fuel mixture used to operate a motor vehicle.
6. “Supplier” means any person engaged in the business of selling, importing, storing, or generating energy sources, alternative and renewable energy, or renewable fuel in Iowa.
[C75, 77, 79, 81, §93.1]
86 Acts, ch 1245, §1817 – 1819
C93, §473.1
2008 Acts, ch 1126, §18, 19, 33; 2009 Acts, ch 108, §26, 41; 2011 Acts, ch 118, §45 – 47, 89; 2012 Acts, ch 1021, §88; 2020 Acts, ch 1063, §260
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 473 - ENERGY DEVELOPMENT AND CONSERVATION › Section 473.2 - Findings.

473.2 Findings.
The general assembly finds that the health, welfare, and prosperity of all Iowans require the provision of adequate, efficient, reliable, environmentally safe, and least-cost energy at prices which accurately reflect the long-term cost of using such energy resources and which are equitable to all Iowans. The goals and objectives of this policy are to ensure the following:
1. Efficiency. The provision of reliable energy at the least possible cost to Iowans in such manner that:
a. Physical, human, natural, and financial resources are allocated efficiently.
b. All supply and demand options are considered and evaluated using comparable terms and methods in order to determine how best to meet consumers’ demands for energy at the least cost.
2. Environmental quality. The protection of the environment from the adverse external costs of an energy resource utilization so that:
a. Environmental costs of proposed actions having a significant impact on the environment and the environmental impact of the alternatives are identified, documented, and considered in the resource development.
b. The prudently and reasonably incurred costs of environmental controls are recovered.
88 Acts, ch 1179, §1
C89, §93.2
C93, §473.2
2008 Acts, ch 1126, §20, 33
See also chapter 470 for life cycle cost analysis provisions
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 473 - ENERGY DEVELOPMENT AND CONSERVATION › Section 473.3 - Energy resource management goal.

473.3 Energy resource management goal.
1. The goal of this state is to efficiently utilize energy resources to enhance the economy of the state by decreasing the state’s dependence on nonrenewable energy resources from outside the state and by reducing the amount of energy used. This goal is to be implemented through the development of policies and programs that promote energy efficiency, energy conservation, and alternative and renewable energy use by all Iowans, through the development and enhancement of an energy efficiency and alternative and renewable energy industry, through the commercialization of energy resources and technologies that are economically and environmentally viable, and through the development and implementation of effective public information and education programs.
2. State government shall be a model and testing ground for the use of energy efficiency, energy conservation, and alternative and renewable energy systems.
90 Acts, ch 1252, §6
C91, §93.3
C93, §473.3
2008 Acts, ch 1126, §21, 33
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 473 - ENERGY DEVELOPMENT AND CONSERVATION › Section 473.9 - Set-aside definitions.

473.9 Set-aside definitions.
As used in section 473.10 unless the context otherwise requires:
1. “Hardship” means a situation involving or potentially involving substantial discomfort or danger or economic dislocation caused by a shortage or distribution imbalance of a liquid fossil fuel.
2. “Liquid fossil fuel” means heating oils, diesel oil, motor gasoline, propane, residual fuel oils, kerosene, and aviation fuels.
3. “Prime supplier” means an individual, trustee, agency, partnership, association, corporation, company, municipality, political subdivision or other legal entity that makes the first sale of a liquid fossil fuel into the state distribution system for consumption within the state.
[81 Acts, ch 32, §3]
C83, §93.9
C93, §473.9
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 473 - ENERGY DEVELOPMENT AND CONSERVATION › Section 473.10 - Reserve required.

473.10 Reserve required.
1. If the authority or the governor finds that an impending or actual shortage or distribution imbalance of liquid fossil fuels may cause hardship or pose a threat to the health and economic well-being of the people of the state or a significant segment of the state’s population, the authority or the governor may authorize the director to operate a liquid fossil fuel set-aside program as provided in subsection 2.
2. Upon authorization by the authority or the governor the director may require a prime supplier to reserve a specified fraction of the prime supplier’s projected total monthly release of liquid fossil fuel in Iowa. The director may release any or all of the fuel required to be reserved by a prime supplier to end-users or to distributors for release through normal retail distribution channels to retail customers. However, the specified fraction required to be reserved shall not exceed three percent for propane, aviation fuel and residual oil, and five percent for motor gasoline, heating oil, and diesel oil.
3. The authority shall periodically review and may terminate the operation of a set-aside program authorized by the authority under subsection 1 when the authority finds that the conditions that prompted the authorization no longer exist. The governor shall periodically review and may terminate the operation of a set-aside program authorized by the governor under subsection 1 when the governor finds that the conditions that prompted the authorization no longer exist.
4. The authority shall adopt rules to implement this section.
[81 Acts, ch 32, §4]
C83, §93.10
86 Acts, ch 1245, §1822
C93, §473.10
2009 Acts, ch 108, §30, 41; 2011 Acts, ch 118, §50, 89; 2012 Acts, ch 1021, §90
Referred to in §473.9
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 473 - ENERGY DEVELOPMENT AND CONSERVATION › Section 473.13A - Energy management improvements identified and implemented.

473.13A Energy management improvements identified and implemented.
The state, state agencies, political subdivisions of the state, school districts, area education agencies, and community colleges shall identify and implement, through energy audits and engineering analyses, all energy management improvements identified for which financing is facilitated by the authority for the entity. The energy management improvement financings shall be supported through payments from energy savings.
89 Acts, ch 297, §3
CS89, §93.13A
90 Acts, ch 1252, §11; 91 Acts, ch 253, §6
C93, §473.13A
2009 Acts, ch 108, §31, 41; 2011 Acts, ch 118, §50, 89
Referred to in §12.28
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 473 - ENERGY DEVELOPMENT AND CONSERVATION › Section 473.15 - Annual report.

473.15 Annual report.
The authority shall complete an annual report to assess the progress of state agencies in implementing energy management improvements, alternative and renewable energy systems, and life cycle cost analyses under chapter 470, and on the use of renewable fuels. The authority shall work with state agencies and with any entity, agency, or organization with which they are associated or involved in such implementation, to use available information to minimize the cost of preparing the report. The authority shall also provide an assessment of the economic and environmental impact of the progress made by state agencies related to energy management and alternative and renewable energy, along with recommendations on technological opportunities and policies necessary for continued improvement in these areas.
88 Acts, ch 1179, §5
C89, §93.15
C93, §473.15
2008 Acts, ch 1126, §24, 33; 2009 Acts, ch 108, §32, 41; 2011 Acts, ch 118, §50, 89
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 473 - ENERGY DEVELOPMENT AND CONSERVATION › Section 473.20A - Self-liquidating financing.

473.20A Self-liquidating financing.
1. a. The authority may facilitate financing agreements that may be entered into with political subdivisions of the state, school districts, area education agencies, community colleges, or nonprofit organizations to finance the costs of energy management improvements on a self-liquidating basis. The provisions of section 473.20 defining eligible energy management improvements apply to financings under this section.
b. The financing agreement may contain provisions, including interest, term, and obligations to make payments on the financing agreement beyond the current budget year, as may be acceptable to political subdivisions of the state, school districts, area education agencies, community colleges, or nonprofit organizations.
c. The authority shall assist the treasurer of state with financing agreements entered into by the treasurer of state on behalf of state agencies pursuant to section 12.28 to finance energy management improvements being implemented by state agencies.
2. Political subdivisions of the state, school districts, area education agencies, community colleges, and nonprofit organizations may enter into financing agreements and issue obligations necessary to carry out the provisions of the chapter. Chapter 75 shall not be applicable.
87 Acts, ch 209, §3
CS87, §93.20A
90 Acts, ch 1253, §120; 91 Acts, ch 253, §9
C93, §473.20A
2008 Acts, ch 1126, §30, 33; 2009 Acts, ch 108, §36, 41; 2011 Acts, ch 118, §50, 89
Referred to in §298.3, 473.19
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 473 - ENERGY DEVELOPMENT AND CONSERVATION › Section 473.41 - Energy city designation program.

473.41 Energy city designation program.
1. The authority shall establish an energy city designation program, with the objective of encouraging cities to develop and implement innovative energy efficiency programs. To qualify for designation as an energy city, a city shall submit an application on forms prescribed by the authority by rule, indicating the following:
a. Submission of community-based plans for energy reduction projects, energy-efficient building construction and rehabilitation, and alternative or renewable energy production.
b. Efforts to secure local funding for community-based plans, and documentation of any state or federal grant or loan funding being pursued in connection therewith.
c. Involvement of local schools, civic organizations, chambers of commerce, and private groups in a community-based plan.
d. Existing or proposed ordinances encouraging energy efficiency and conservation, recycling efforts, and energy-efficient building code provisions and enforcement.
e. Organization of an energy day observance and proclamation with a commemorating event and awards ceremony for leading energy-efficient community businesses, groups, schools, or individuals.
2. The authority shall establish by rule criteria for awarding energy city designations. If more than one designation is awarded annually, the criteria shall include a requirement that the authority award the designations to cities of varying populations. Rules shall also be established identifying and publicizing state grant and loan programs relating to energy efficiency, and the development of a procedure whereby the authority shall coordinate with other state agencies preferences given in the awarding of grants or making of loans to energy city designated applicants.
2007 Acts, ch 157, §1; 2009 Acts, ch 108, §37, 41; 2011 Acts, ch 118, §50, 89
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 474 - UTILITIES DIVISION › Section 474.1 - Creation of division and board — organization.

474.1 Creation of division and board — organization.
1. A utilities division is created within the department of commerce. The policymaking body for the division is the utilities board which is created within the division. The board is composed of three members appointed by the governor and subject to confirmation by the senate, not more than two of whom shall be from the same political party. Each member appointed shall serve for six-year staggered terms beginning and ending as provided by section 69.19. Vacancies shall be filled for the unexpired portion of the term in the same manner as full-term appointments are made.
2. a. Subject to confirmation by the senate, the governor shall appoint a member as the chairperson of the board. The chairperson shall be the administrator of the utilities division. The appointment as chairperson shall be for a two-year term which begins and ends as provided in section 69.19.
b. The board shall appoint a chief operating officer to manage the operations of the utilities division as directed by the board. The board shall set the salary of the chief operating officer within the limits of the pay plan for exempt positions provided for in section 8A.413, subsection 3, unless otherwise provided by the general assembly. The board may employ additional personnel as it finds necessary.
3. As used in this chapter and chapters 475A, 476, 476A, 478, 479, 479A, and 479B, “division” and “utilities division” mean the utilities division of the department of commerce.
[C97, §2111; C24, 27, 31, 35, 39, §7866; C46, 50, 54, 58, 62, 66, 71, 73, §474.2; C75, 77, 79, 81, §474.1]
83 Acts, ch 127, §6; 86 Acts, ch 1245, §740; 89 Acts, ch 296, §70; 95 Acts, ch 192, §3; 2003 Acts, ch 145, §265; 2008 Acts, ch 1031, §115; 2018 Acts, ch 1160, §1
Referred to in §34A.15, 437A.3, 437B.2, 477C.2, 546.7
Confirmation, see §2.32
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 474 - UTILITIES DIVISION › Section 474.2 - Certain persons barred from office.

474.2 Certain persons barred from office.
A person who is employed by any common carrier or other public utility or who owns any bonds, stock, or property in any public utility shall not be eligible to hold the office of utilities board member or chief operating officer of the utilities board. A member or chief operating officer who enters into employment with any common carrier or other public utility or who acquires any stock or other interest in any common carrier or other public utility after appointment as a member or chief operating officer shall be disqualified from holding or performing the duties of the office.
[C97, §2111; C24, 27, 31, 35, 39, §7865; C46, 50, 54, 58, 62, 66, 71, 73, §474.1; C75, 77, 79, 81, §474.2]
2018 Acts, ch 1160, §2; 2019 Acts, ch 24, §65; 2020 Acts, ch 1063, §261
Referred to in §475A.1
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 474 - UTILITIES DIVISION › Section 474.3 - Proceedings.

474.3 Proceedings.
The utilities board may in all cases conduct its proceedings, when not otherwise prescribed by law, in such manner as will best conduce to the proper dispatch of business and the attainment of justice.
[C97, §2142; C24, 27, 31, 35, 39, §7867; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §474.3]