reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 10 - 911 Telephone Systems › Rule 605-10.3 - Joint 911 Service Boards

Current through Register Vol. 47, No. 3, July 24, 2024
Each county board of supervisors shall establish a joint 911
				service board.
(1)
Membership.
a. Each
			 political subdivision of the state having a public safety agency serving
			 territory within the county 911 service area and each local emergency
			 management agency as defined in Iowa Code section 29C.2 operating within the
			 911 service area is entitled to one voting membership. The sheriff of each
			 county, or the sheriff's designee, is entitled to voting membership on the
			 county's joint 911 service board. The chief of police of each city operating a
			 public safety answering point, or the chief of police's designee, is entitled
			 to voting membership on the joint 911 service board of the county where the
			 city is located. For the purposes of this paragraph, a township that operates a
			 volunteer fire department providing fire protection services to the township,
			 or a city that provides fire protection services through the operation of a
			 volunteer fire department not financed through the operation of city
			 government, shall be considered a political subdivision of the state having a
			 public safety agency serving territory within the county.
b. Each private safety agency, such as
			 privately owned ambulance services, airport security agencies, and private fire
			 companies, serving territory within the county 911 service area, is entitled to
			 a nonvoting membership on the board.
c. Public and private safety agencies
			 headquartered outside but operating within a county 911 service area are
			 entitled to membership according to their status as a public or private safety
			 agency.
d. A political subdivision
			 that does not operate its own public safety agency but contracts for the
			 provision of public safety services is not entitled to membership on the joint
			 911 service board. However, its contractor is entitled to one voting membership
			 according to the contractor's status as a public or private safety
			 agency.
e. The joint 911 service
			 board elects a chairperson and vice chairperson.
f. The joint 911 service board shall annually
			 submit a listing of members, to include the political subdivision they
			 represent and, if applicable, the associated 28E agreement, to the 911 program
			 manager. A copy of the list shall be submitted within 30 days of adoption of
			 the operating budget for the ensuing fiscal year and shall be on the prescribed
			 form provided by the 911 program manager.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 10 - 911 Telephone Systems › Rule 605-10.4 - 911 Service Plan

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The joint 911
			 service board shall be responsible for developing a 911 service plan as
			 required by Iowa Code section 34A.3 and as set forth in these rules. The plan
			 will remain the property of the joint 911 service board. Each joint 911 service
			 board shall coordinate planning with each contiguous joint 911 service board. A
			 copy of the plan and any modifications and addenda shall be submitted to:
a. The homeland security and emergency
			 management department.
b. All
			 public and private safety agencies serving the 911 service area.
c. All providers affected by the 911 service
			 plan.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 10 - 911 Telephone Systems › Rule 605-10.5 - Wireline 911 Service Surcharge

Current through Register Vol. 47, No. 3, July 24, 2024
(1) One source of funding for the 911
			 emergency communications system shall come from a surcharge of one dollar per
			 month, per access line on each access line subscriber.
(2) The 911 program manager shall notify
			 local exchange carriers and competitive local exchange service providers
			 scheduled to provide exchange access 911 service within a 911 service area that
			 implementation of a 911 service plan has been approved by the joint 911 service
			 board and by the 911 program manager and that collection of the surcharge is to
			 begin within 60 days. The 911 program manager shall also provide notice to all
			 affected public safety answering points. The 60-day notice to the carriers and
			 providers shall also apply when an adjustment in the wireline surcharge rate is
			 made.
(3) The carriers and
			 providers shall collect the surcharge as a part of their monthly billing to
			 their subscribers. The surcharge shall appear as a single line item on a
			 subscriber's monthly billing entitled "911 emergency communications service
			 surcharge."
(4) The carriers and
			 providers may retain 1 percent of the surcharge collected as compensation for
			 the billing and collection of the surcharge. If the compensation is
			 insufficient to fully recover a carrier's or provider's costs for the billing
			 and collection of the surcharge, the deficiency shall be included in the
			 carrier's or provider's costs for rate-making purposes to the extent it is
			 reasonable and just under Iowa Code section
			 4766..
(5) The carrier or provider shall remit the
			 collected surcharge to the joint 911 service board on a calendar quarter basis
			 within 20 days of the end of the quarter.
(6) The joint 911 service board may request,
			 not more than once each quarter, the following information from the carrier or
			 provider:
a. The identity of the exchange from
			 which the surcharge is collected.
b. The number of lines to which the surcharge
			 was applied for the quarter.
c. The
			 number of refusals to pay per exchange, if applicable.
d. The number of write-offs per exchange, if
			 applicable.
e. The number of lines
			 exempt per exchange.
f. The amount
			 retained by the carrier or provider from the 1 percent administrative fee.
Access line counts and surcharge remittances are confidential
				public records as provided in Iowa Code section
				34A.8.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 10 - 911 Telephone Systems › Rule 605-10.6 - Waivers, Variance Request, and Right to Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
(1) All requests for variances or waivers
			 shall be submitted to the 911 program manager in writing and shall contain the
			 following information:
a. A description of
			 the variance(s) or waiver(s) being requested.
b. Supporting information setting forth the
			 reasons the variance or waiver is necessary.
c. A copy of the resolution or minutes of the
			 joint 911 service board meeting which authorizes the application for a variance
			 or waiver.
d. The signature of the
			 chairperson of the joint 911 service board.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 10 - 911 Telephone Systems › Rule 605-10.7 - Ng911 Network Implementation and Operations Plan

Current through Register Vol. 47, No. 3, July 24, 2024
Each joint 911 service board, the department of public safety,
				the 911 communications council, and originating service providers shall
				cooperate with the 911 program manager in preparing the NG911 Network
				Implementation and Operations Plan for statewide implementation of NG911
				service.
(1)
Plan
			 specifications.
The NG911 Network Implementation and Operations Plan
			 shall include, at a minimum, the following information:
a. Maps showing the geographic location
			 within the county of each PSAP that receives 911 emergency calls.
b. A list of all public safety answering
			 points within the state of Iowa.
c.
			 A set of guidelines for determining eligible cost as set forth in Iowa Code
			 section
			 34A7A..
d. A schedule for the implementation and
			 maintenance of the next generation 911 network.
e. A schedule for the implementation,
			 maintenance and cost sharing of 911 call processing equipment.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 10 - 911 Telephone Systems › Rule 605-10.8 - Emergency Communications Service Surcharge

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The 911 program manager shall adopt a
			 monthly surcharge of one dollar to be imposed on each originating service
			 number provided in this state. The surcharge shall not be imposed on
			 wireline-based communications or prepaid wireless telecommunications
			 service.
(2) The 911 program
			 manager shall order the imposition of a surcharge uniformly on a statewide
			 basis and simultaneously on all originating service numbers by giving at least
			 60 days' prior notice to wireless carriers to impose a monthly surcharge as
			 part of their periodic billings. The 60-day notice to wireless carriers shall
			 also apply when the program manager is making an adjustment in the emergency
			 communications service surcharge rate.
(3) The emergency communications surcharge
			 shall be one dollar per month, per customer service number, until changed by
			 rule.
(4) The originating service
			 provider shall list the surcharge as a separate line item on the customer's
			 billing indicating that the surcharge is for 911 emergency telephone service.
			 The originating service provider is entitled to retain 1 percent of any
			 wireless surcharge collected as a fee for collecting the surcharge as part of
			 the subscriber's periodic billing. The emergency communications service
			 surcharge is not subject to sales or use tax.
(5) Surcharge funds shall be remitted on a
			 calendar quarter basis by the close of business on the twentieth day following
			 the end of the quarter with a remittance form as prescribed by the 911 program
			 manager. Providers shall issue their checks or warrants to the Treasurer, State
			 of Iowa, and remit to the 911 Program Manager, Homeland Security and Emergency
			 Management Department, 7900 Hickman Road, Suite 500, Windsor Heights, Iowa
			 50324.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 10 - 911 Telephone Systems › Rule 605-10.10 - 911 Surcharge Exemptions

Current through Register Vol. 47, No. 3, July 24, 2024
The following agencies, individuals, and organizations are
				exempt from imposition of the 911 surcharge:
1.Federal agencies and tax-exempt
			 instrumentalities of the federal government.
2. Indian tribes for access lines on the
			 tribe's reservation upon filing a statement with the joint 911 service board,
			 signed by appropriate authority, requesting surcharge exemption.
3. An enrolled member of an Indian tribe for
			 access lines on the reservation, who does not receive 911 service, and who
			 annually files a signed statement with the joint 911 service board that the
			 person is an enrolled member of an Indian tribe living on a reservation and
			 does not receive 911 service. However, once 911 service is provided, the member
			 is no longer exempt.
4.Official
			 station testing lines owned by the provider.
5. Individual wireline subscribers to the
			 extent that they shall not be required to pay on a single periodic billing the
			 surcharge on more than 100 access lines, or their equivalent, in a 911 service
			 area.
All other subscribers not listed above, that have or will have
				the ability to access 911, are required to pay the surcharge, if imposed by the
				official order of the 911 program manager.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 10 - 911 Telephone Systems › Rule 605-10.11 - 911 Service Fund

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The department
			 of public safety and each joint 911 service board have the responsibility for
			 the 911 service fund.
a. A 911 service fund
			 shall be established in the office of the county treasurer for each joint 911
			 service board and with the state treasurer for the department of public
			 safety.
b. Collected surcharge
			 moneys and any interest thereon, as authorized in Iowa Code chapter 34A, shall
			 be deposited into the 911 service fund. 911 surcharge moneys must be kept
			 separate from all other sources of revenue utilized for 911 systems.
c. For joint 911 service boards, withdrawal
			 of moneys from the 911 service fund shall be made on warrants drawn by the
			 county auditor, per Iowa Code section 331.506, supported by claims and vouchers
			 approved by the chairperson or vice chairperson of the joint 911 service board
			 or delegated authority so designated in writing.
d. For the department of public safety,
			 withdrawal of moneys from the 911 service fund shall be made in accordance with
			 state laws and administrative rules.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 10 - 911 Telephone Systems › Rule 605-10.13 - Limitations on Use of Funds

Current through Register Vol. 47, No. 3, July 24, 2024
Surcharge moneys in the 911 service fund may be used to pay
				recurring and nonrecurring costs including, but not limited to, 911 call
				processing equipment, internet and telephone access, software, database,
				addressing, initial training, and other start-up, capital, and ongoing
				expenditures. 911 surcharge moneys shall be used only to pay costs directly
				attributable to the provision of 911 telephone systems and services and may
				include costs directly attributable to the receipt and disposition of the 911
				call.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 10 - 911 Telephone Systems › Rule 605-10.14 - Minimum Operational and Technical Standards

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Each 911
			 system, supplemented with 911 surcharge moneys, shall, at a minimum, employ the
			 following features:
a. ALI (automatic location
			 identification).
b. ANI (automatic
			 number identification).
c. Policy
			 routing function.
d. Each PSAP
			 shall provide two emergency seven-digit numbers arranged in rollover
			 configuration for use by telephone company operators for transferring a calling
			 party to the PSAP over the wireline network. Wireless calls must be transferred
			 to PSAPs that are capable of accepting ANI and ALI.
e. ANI and ALI information shall be
			 maintained and updated in such a manner as to allow for 95 percent or greater
			 degree of accuracy.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 10 - 911 Telephone Systems › Rule 605-10.15 - Administrative Hearings and Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
(1) 911 program manager decisions regarding
			 the acceptance or refusal of a 911 service plan, in whole or in part, the
			 implementation of 911 and the imposition of the 911 surcharge within a specific
			 911 service area may be contested by an affected party.
(2) Request for hearing shall be made in
			 writing to the homeland security and emergency management department director
			 within 30 days of the 911 program manager's mailing or serving of a decision
			 and shall state the reason(s) for the request and shall be signed by the
			 appropriate authority.
(3) The
			 director shall schedule a hearing within 10 working days of receipt of the
			 request for hearing. The director shall preside over the hearing, at which time
			 the appellant may present any evidence, documentation, or other information
			 regarding the matter in dispute.
(4) The director shall issue a ruling
			 regarding the matter within 20 working days of the hearing.
(5) Any party adversely affected by the
			 director's ruling may file a written request for a rehearing within 20 days of
			 issuance of the ruling. A rehearing will be conducted only when additional
			 evidence is available, the evidence is material to the case, and good cause
			 existed for the failure to present the evidence at the initial hearing. The
			 director will schedule a hearing within 20 days after the receipt of the
			 written request. The director shall issue a ruling regarding the matter within
			 20 working days of the hearing.
(6)
			 Any party adversely affected by the director's ruling may file a written appeal
			 to the director of the homeland security and emergency management department.
			 The appeal request shall contain information identifying the appealing party,
			 the ruling being appealed, specific findings or conclusions to which exception
			 is taken, the relief sought, and the grounds for relief. The director shall
			 issue a ruling regarding the matter within 90 days of the hearing. The
			 director's ruling constitutes final agency action for purposes of judicial
			 review.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 10 - 911 Telephone Systems › Rule 605-10.16 - Confidentiality

Current through Register Vol. 47, No. 3, July 24, 2024
All financial or operations information provided by an
				originating service provider to the 911 program manager shall be identified by
				the provider as confidential trade secrets under Iowa Code section
				227(3). and shall
				be kept confidential as provided under Iowa Code section
				227(3). and
				605-Chapter 5. Such information shall include numbers of accounts, numbers of
				customers, revenues, expenses, and the amounts collected from said originating
				service provider for deposit in the fund. Notwithstanding such requirements,
				aggregate amounts and information may be included in reports issued by the
				director if the aggregated information does not reveal any information
				attributable to an individual originating service provider.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 10 - 911 Telephone Systems › Rule 605-10.17 - Prepaid Wireless 911 Surcharge

Current through Register Vol. 47, No. 3, July 24, 2024
Administration of the prepaid wireless 911 surcharge is under
				the control of the Iowa department of revenue. To administer this function, the
				department of revenue has adopted rules that can be found in 701-paragraph
				224.6(2)
"b"
and rule 701-224.8 (34A).
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 12 - Homeland Security and Emergency Response Teams › Rule 605-12.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The duties of the director of the homeland security and
				emergency management department include the development and ongoing operation
				of homeland security and emergency response teams to be deployed by the state
				to supplement and enhance local resources during times of disaster and
				emergency. These rules are intended to specify how teams and team members will
				be designated, minimum standards that shall be maintained, and the use of the
				teams.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 12 - Homeland Security and Emergency Response Teams › Rule 605-12.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Director"
means the director of the homeland
				security and emergency management department.
"Governor's disaster proclamation "
means the
				proclamation of disaster emergency issued by the governor in accordance with
				Iowa Code section
				29C6..
"Homeland security advisory committee "
means
				the advisory committee created by the director for the purpose of providing
				advice on public safety response issues within Iowa.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 12 - Homeland Security and Emergency Response Teams › Rule 605-12.3 - Homeland Security and Emergency Response Teams

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The director shall issue requests to
			 create homeland security and emergency response teams based on identified
			 needs, on recommendations from the homeland security advisory committee, and at
			 the request of the governor.
(2)
			 Each team shall be designated by the director. To be eligible for designation,
			 a team shall provide a written application to the director that details the
			 following information:
a. Type of assistance
			 that the team provides.
b.
			 Emergency response team information.
(1) Team
			 name.
(2) Team location.
(3) 24/7 contact information and
			 procedures.
(4) Team agency,
			 including head of agency and contact information.
(5) Team commander and assistant commander,
			 including contact information.
(6)
			 Title, names, and responsibilities of deployable response personnel assigned to
			 the team.
c. Listing of
			 applicable local, state, and national standards and certifications to which
			 team members are trained and certified.
d. Detailed listing of the team's major
			 response assets that are related to the team's mission. The listing shall
			 provide details related to self-sufficiency including the amount of time the
			 team can remain self-sufficient.
e.
			 Listing of communications assets, including radio frequencies used and any
			 interoperability capabilities.
f.
			 An estimate of the time required to assemble the team members and assets and
			 deploy upon the request of the director or governor.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 12 - Homeland Security and Emergency Response Teams › Rule 605-12.4 - Use of Homeland Security and Emergency Response Teams

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A designated team shall be deployed as a
			 state asset only by a directive from the director or pursuant to a governor's
			 disaster proclamation, unless the sponsoring agency's response team is needed
			 to perform emergency services within its own jurisdiction.
(2) A designated team may be deployed as a
			 state asset to supplement and enhance disrupted or overburdened local emergency
			 and disaster operations. A team may also be deployed as a state asset to other
			 states pursuant to the interstate emergency management assistance compact as
			 described in Iowa Code section
			 29C21.
			 with the concurrence of the sponsoring agency.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 12 - Homeland Security and Emergency Response Teams › Rule 605-12.5 - Homeland Security and Emergency Response Team Compensation

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A homeland
			 security and emergency response team shall be compensated for its expenses
			 while it is deployed as a state asset in accordance with rule
			 605-124.
			 (29C), subject to availability of funds. The application for compensation shall
			 be in a manner as specified by the director. Compensation shall be made to the
			 team or the team's governing jurisdiction.
(2) A member of a homeland security and
			 emergency response team listed on the team roster filed pursuant to subrule
			 12.3(5), while acting under the directive of the director or pursuant to a
			 governor's disaster proclamation, shall be considered an employee of the state
			 under Iowa Code section
			 66921..
			 Disability, workers' compensation, and death benefits for designated team
			 members participating in a response or recovery operation initiated by the
			 director or governor pursuant to rule
			 605-124.
			 (29C) or participating in a training or exercise activity approved by the
			 director shall be paid by the state in a manner consistent with the provisions
			 of Iowa Code chapter 85, 410, or 411 as appropriate. The department of
			 administrative services shall process claims for compensable losses of deployed
			 team members.
(3) The homeland
			 security and emergency response team's materials, equipment and supplies
			 consumed or damaged while the team is deployed in accordance with rule
			 12.4(29C) shall be reimbursed on a replacement cost basis, subject to the
			 availability of funds.
(4) The
			 director shall request funds from the executive council to address any
			 obligations under rule
			 605-125.
			 (29C).
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 12 - Homeland Security and Emergency Response Teams › Rule 605-12.6 - Alternate Deployment of Homeland Security and Emergency Response Teams

Current through Register Vol. 47, No. 3, July 24, 2024
(1) At its
			 discretion, a homeland security and emergency response team may deploy at the
			 direct request of apolitical subdivision of the state without a directive from
			 the director or without a governor's disaster proclamation.
(2) The provisions of rule 12.5(29C) do not
			 apply to a team deployed under 12.6(29C). A team deployed upon local request
			 may seek compensation from the political subdivision making the request and in
			 accordance with any mutual aid agreements that may exist at the time of
			 deployment.
(3) If, during a team
			 deployment, a governor's disaster proclamation is issued, the director shall
			 specify the date and time when the team may be deployed under rules
			 605-124.
			 (29C) and
			 605-125.
			 (29C).
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 14 - Flood Mitigation Program › Rule 605-14.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Board"
means the flood mitigation board as
				created in Iowa Code section
				4185..
"Department"
means the department of homeland
				security and emergency management.
"Director "
means the director of the
				department of homeland security and emergency management.
"Governmental entity"
means any of the
				following:
1. A county.
2. A city.
3. A joint board or other legal or administrative entity
				established or designated in an agreement pursuant to Iowa Code chapter 28E or
				28F between any of the following:
* Two or more cities located in whole or in part within the
				same county.
* A county and one or more cities that are located in whole or
				in part within the county.
* A county, one or more cities that are located in whole or in
				part within the county, and a drainage district formed by mutual agreement
				under Iowa Code section
				468142.
				located in whole or in part within the county.
* One or more counties, one or more cities that are located in
				whole or in part within those counties, and one or more sanitary districts
				established under Iowa Code chapter 358 or a combined water and sanitary
				district as provided for in Iowa Code sections
				3571B.
				and
				3581B.,
				located in whole or in part within those counties.
"Project"
means the construction and
				reconstruction of levees, embankments, impounding reservoirs, conduits or other
				means that are necessary for the protection of property from the effects of
				floodwaters and may include the deepening, widening, alteration, change,
				diversion, or other improvement of watercourses if necessary for the protection
				of such property from the effects of floodwaters. A project may consist of one
				or more phases of construction or reconstruction that are contracted for
				separately if the larger project, of which the project is a part, otherwise
				meets the requirements of Iowa Code section
				4184..
"Sales tax"
means the sales and services tax
				imposed pursuant to Iowa Code section
				4232..
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 14 - Flood Mitigation Program › Rule 605-14.3 - Flood Mitigation Board

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The flood mitigation board is established
			 and housed, for administrative purposes, within the department. The director
			 shall provide office space, staff assistance, supplies and equipment, and
			 budget funds to pay the necessary expenses of the board.
(2) The board shall be comprised of nine
			 voting members and five ex-officio nonvoting members.
a. The voting members shall include all of
			 the following:
(1) Four members of the general
			 public appointed by the governor and confirmed by the senate in accordance with
			 Iowa Code sections
			 6916.
			 and
			 6916A.. These
			 members shall be appointed to three-year staggered terms, and the terms shall
			 commence and end as provided in Iowa Code section
			 6919..
1. Two members of the general public shall
			 have demonstrable experience or expertise in the field of natural disaster
			 recovery.
2. Two members of the
			 general public shall have demonstrable experience or expertise in the field of
			 flood mitigation.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 14 - Flood Mitigation Program › Rule 605-14.5 - Applications

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The board shall
			 prescribe the form of the application, instructions and associated documents.
			 Applications, instructions, programmatic guidance and forms are available
			 through the department and its Web site,
www.homelandsecurity.iowa.gov
.
(2) A governmental entity shall
			 submit an application to the board for approval of a project plan prior to
			 January 1, 2016.
(3) The
			 application shall specify whether the governmental entity is requesting
			 financial assistance from the flood mitigation fund or approval for the use of
			 sales tax revenues. Applications for financial assistance from the flood
			 mitigation fund shall describe the type and amount of assistance requested.
			 Applications for the use of sales tax revenues shall state the amount of sales
			 tax revenues necessary for completion of the project and shall contain a report
			 from the Iowa department of revenue, as requested by the governmental entity,
			 that provides recent historical data on sales tax revenue and trends in sales
			 tax revenue growth.
(4) Each
			 application shall include or have attached to the application the governmental
			 entity's project plan adopted under Iowa Code section
			 4184(2).. The
			 application package shall include all of the following:
a. The project plan that includes:
(1) A detailed description of the project,
			 including all phases of construction or reconstruction included in the project,
			 maintenance plans for the completed project, the estimated cost of the project,
			 and the maximum amount of debt to be incurred for purposes of funding the
			 project; and
(2) A detailed
			 description of all anticipated funding sources for the project, including
			 information relating to either the proposed use of financial assistance from
			 the flood mitigation fund or the proposed use of sales tax increment
			 revenues.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 14 - Flood Mitigation Program › Rule 605-14.6 - Flood Mitigation Fund

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
			 flood mitigation fund is created as a separate and distinct fund in the state
			 treasury under the control of the board and consists of money appropriated by
			 the general assembly and any other moneys available to and obtained or accepted
			 by the board for placement in the fund. Payments of interest, repayments of
			 moneys loaned, and recaptures of grants provided by the board shall be
			 deposited in the fund.
(2) Moneys
			 in the fund shall be used by the board to provide financial assistance in
			 accordance with this chapter to a governmental entity in the form of grants,
			 loans and forgivable loans. The board shall specify the terms of any grants or
			 loans made from the fund. The board may make a multiyear commitment to a
			 governmental entity of up to $4 million in any one fiscal year.
(3) Moneys received by a governmental entity
			 from the fund shall be deposited in the governmental entity's flood project
			 fund as created in rule
			 605-148.
			 (418).
(4) If any portion of the
			 moneys appropriated to the fund have not been awarded during the fiscal year in
			 which they were appropriated, the portion which has not been awarded may be
			 utilized by the board to provide financial assistance in subsequent fiscal
			 years.
(5) Following completion of
			 all projects approved to utilize financial assistance from the fund and upon
			 determination by the board that the remaining funds are no longer needed for
			 the program, the funds that were appropriated by the general assembly shall be
			 credited to the general fund of the state. Other funds shall be credited to the
			 granting agency in accordance with any grant agreements.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 14 - Flood Mitigation Program › Rule 605-14.7 - Sales Tax Increment Calculation and Sales Tax Increment Fund

Current through Register Vol. 47, No. 3, July 24, 2024
The calculation of the sales tax increment and operation of the
				fund is addressed in Iowa department of revenue 701-Chapter
				238.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 14 - Flood Mitigation Program › Rule 605-14.8 - Flood Project Fund

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Each governmental entity that has a project approved by the board and is
			 awarded funds from either the flood mitigation fund or sales tax increment fund
			 shall create a separate flood project fund. The fund shall be used to pay the
			 costs associated with the governmental entity's approved project, to reimburse
			 the governmental entity for the costs of the approved project incurred after
			 the project's approval, and to pay the principal and interest on bonds issued
			 pursuant to Iowa Code section 418.14.
(2) The governmental entity may deposit any
			 other moneys lawfully received into the fund. Other moneys include but are not
			 limited to local sales and services tax receipts collected under Iowa Code
			 chapter 423 B.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 14 - Flood Mitigation Program › Rule 605-14.10 - Reports

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Following the
			 approval of aproject application, the governmental entity shall, on or before
			 December 15 of each year, submit a report to the board detailing the following:
a. The current status of the
			 project.
b. The total expenditures
			 and types of expenditures that have been made related to the project.
c. The amount of total project cost remaining
			 as of the date the report is submitted.
d. The amounts, types, and sources of funding
			 being used.
e. The amount of bonds
			 issued or other indebtedness incurred for the project, including information
			 related to the rate of interest, length of term, cost of issuance, and net
			 proceeds. This report shall also include the amounts and types of moneys used
			 for payment of such bonds or indebtedness.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 14 - Flood Mitigation Program › Rule 605-14.11 - Flood Project Bonds

Current through Register Vol. 47, No. 3, July 24, 2024
A governmental entity receiving sales tax revenues in
				accordance with this chapter is authorized to issue bonds that are payable from
				revenues deposited in the flood project fund created in rule
				605-148.
				(418). Issuance and administration of such bonds shall be done in accordance
				with Iowa Code sections
				41814. and
				38483..
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 14 - Flood Mitigation Program › Rule 605-14.12 - Flood Recovery Fund

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Purpose. A flood recovery fund is established in the state treasury under the
			 control of the board. The fund shall consist of moneys appropriated to the fund
			 by the general assembly and any other moneys available to, obtained by, or
			 accepted by the board for deposit in the fund. Moneys in the fund are
			 appropriated to the department and shall be used for the purposes designated in
			 this rule. Moneys in the fund shall not supplant any federal disaster recovery
			 moneys. Moneys in the fund that remain unencumbered or unobligated at the close
			 of a fiscal year shall not revert to the general fund of the state but shall
			 remain available for expenditure for the purposes designated in this rule.
			 Interest or earnings on moneys deposited in the fund shall be credited to the
			 fund.
(2) An eligible applicant is
			 a political subdivision of the state located in a county designated under
			 presidential disaster declaration DR-4421-IA and also located in a county where
			 the federal emergency management agency's individual assistance program has
			 been activated.
(3) Eligible
			 projects must support flood response, flood recovery, or flood mitigation
			 activities. Eligible project types could include construction and
			 reconstruction of levees, embankments, impounding reservoirs, conduits, or
			 other means that are necessary for the protection of property from the effects
			 of floodwaters and may include the deepening, widening, alteration, change,
			 diversion, or other improvement of watercourses if necessary for the protection
			 of such property from the effects of floodwaters. A project may consist of one
			 or more phases of construction or reconstruction that are contracted for
			 separately if the larger project, of which the project is a part, otherwise
			 meets the requirements of this subrule.
(4) Project applications shall be submitted
			 to the department for consideration by the board. The board shall prescribe
			 application instructions and forms. Applications, instructions, programmatic
			 guidance and forms are available through the department and its website,
www.homelandsecurity.iowa.gov
.
			 Project applications shall contain all of the following:
a. A description of the project and how it
			 supports flood response, flood recovery, or flood mitigation
			 activities.
b. A description of
			 financial assistance needed from the flood recovery fund.
c. A description of the necessary expense or
			 serious need of the political subdivision.
d. Details on any additional funds to be
			 applied to the project.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 15 - Mass Notification and Emergency Messaging System › Rule 605-15.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
In accordance with Iowa Code section
				29C17A.,
				the department of homeland security and emergency management establishes the
				policies and procedures for the creation and administration of a statewide mass
				notification and emergency messaging system.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 15 - Mass Notification and Emergency Messaging System › Rule 605-15.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purpose of this chapter, the following definitions
				apply:
"Commission "
means a local emergency
				management commission or joint emergency management commission.
"Department"
means the department of homeland
				security and emergency management.
"Director"
means the director of the
				department of homeland security and emergency management.
"Mass notification and emergency messaging
				system"
or
"system"
means a system operated by the
				department which disseminates imminent emergency and public safety-related
				information.
"State agency"
means a principal central
				department enumerated in Iowa Code section
				7E5..
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 15 - Mass Notification and Emergency Messaging System › Rule 605-15.3 - Application for Access

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A state agency
			 or commission may apply to the department for access to the system for use by
			 state, county and local officials. The application shall contain the following:
a. Name of state agency or commission
			 submitting the application.
b.
			 Primary point of contact for implementation and administration of the system at
			 the applicant's level.
c. Signature
			 of the state agency director or chair of the commission.
d. Operational plan and procedures created in
			 accordance with rule 605-15.4 (29C).
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 15 - Mass Notification and Emergency Messaging System › Rule 605-15.4 - Operational Plan and Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Each state
			 agency or commission that submits an application to access the system shall
			 develop and maintain an operational plan and procedures. The operational plan
			 and procedures shall contain the following:
a.
			 Introductory paragraphs that provide a summary of, the purpose of, and the
			 authorities for the operational plan and procedures document.
b. A description of the system and a listing
			 of the types of imminent emergency alerts and public safety-related information
			 that will be communicated to the public via the system.
c. The contact information for the individual
			 who will function as the state agency's or commission's administrator for the
			 system and who will be the primary contact point for the department and system
			 vendor.
d. A listing of those
			 positions or individuals that are authorized to initiate emergency alerts and
			 mass notification messages via the system. These individuals shall complete any
			 federally specified training needed to access any federal messaging systems
			 that are utilized by the statewide system.
e. A listing of those positions or
			 individuals that are authorized to conduct system database
			 maintenance.
f. The detailed
			 process by which emergency alerts or mass notification messages will be
			 developed, reviewed, and authorized for dissemination.
g. A listing by the commission of any
			 memorandums of understanding completed with neighboring counties for the
			 purpose of allowing cross-border emergency alerts or mass notification
			 messaging when an incident will impact the public outside the incident county
			 within 30 minutes and will cause the public to be endangered if action is not
			 taken by the public. Copies of such agreements shall be included within the
			 operational plan and procedures document.
h. A glossary of definitions for message
			 types that can be issued by the system.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Iowa Emergency Response Commission › Chapter 102 - Emergency Planning Districts › Rule 605-102.1 - Requirement to Designate, and Organization Of, Emergency Planning Districts

Current through Register Vol. 47, No. 3, July 24, 2024
The department is required to designate emergency planning
				  districts. A local emergency planning committee is appointed by the department
				  for each emergency planning district. The local emergency planning committee
				  shall be responsible for the implementation of Emergency Planning and Community
				  Right-to-Know Act (EPCRA) activities in each of the emergency planning
				  districts including facilitating preparation and implementation of emergency
				  planning for the emergency planning district.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Iowa Emergency Response Commission › Chapter 102 - Emergency Planning Districts › Rule 605-102.3 - Application to Modify Districts

Current through Register Vol. 47, No. 3, July 24, 2024
Two or more local emergency planning committees with
				  commonality of interests may petition the department to amend, modify, or
				  combine their districts. Petitions shall specify the geographical district
				  requested, the reasons for the change, the benefit to the public by the
				  designation of the proposed geographical district, and the proposed date for
				  the change in designation.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Iowa Emergency Response Commission › Chapter 103 - Local Emergency Planning Committees › Rule 605-103.1 - Requirement to Appoint Local Emergency Planning Committees (LEPCs)

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Purpose.
The department is required to appoint members to
				local emergency planning committees. An LEPC is appointed for each of the
				emergency planning districts established in 605-Chapter 102.
(2)
Representation.
As a
				minimum, each LEPC should be comprised of a representative from each of the
				following groups or organizations:
a. Elected
				state and local officials,
b. Law
				enforcement personnel,
c. Emergency
				management personnel,
d.
				Firefighting personnel,
e.
				First-aid personnel,
f. Health
				personnel,
g. Local environmental
				personnel,
h. Hospital
				personnel,
i. Transportation
				personnel,
j. Broadcast and print
				media,
k. Community groups, and
l. Owners and operators of
				facilities subject to the requirements of EPCRA.
A person may represent one or more of the disciplines listed,
				  provided they are duly appointed by each group or organization to be
				  represented.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Iowa Emergency Response Commission › Chapter 103 - Local Emergency Planning Committees › Rule 605-103.2 - Local Emergency Planning Committee (LEPC) Members

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Appointment of local emergency
				planning committees.
Nominations to an existing LEPC shall be made by
				the LEPC and shall be subject to review and appointment by the department.
				Vacancies on the LEPC shall be filled in accordance with this
				subrule.
(2)
Meeting
				participation.
Any member of the local emergency management commission
				may participate in any meeting of the LEPC. If the local emergency management
				commission member is not the appointed representative of one of the groups or
				organizations specified in subrule 103.1(2), the local emergency management
				commission member shall not be eligible to vote on any issue before the
				LEPC.
(3)
Member
				changes.
The department may revise the appointments made as it deems
				appropriate. Interested persons may petition the department to modify the
				membership of an LEPC.
Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Iowa Emergency Response Commission › Chapter 103 - Local Emergency Planning Committees › Rule 605-103.3 - Local Emergency Planning Committee (LEPC) Duties

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The LEPC shall establish procedures for
				the functioning of the committee to include:
a. The length of terms of the LEPC members
				and the selection of a chair and vice-chair;
b. The public notification of committee
				activity (
				42
				U.S.C. 11001(c));
c. The conduct of public meetings to discuss
				the emergency plan (Iowa Code chapter 21,
				42
				U.S.C. 11001(c)); and
d. The procedures for receiving and
				responding to public comments; and the distribution of emergency plans. (
				42
				U.S.C. 11001(c))