ARC 0309D

ARC 0309D

ECONOMIC DEVELOPMENT AUTHORITY[261]

Adopted and Filed

Rulemaking related to Iowa energy center

    The Economic Development Authority hereby rescinds Chapter 403, “Iowa Energy Center,” Iowa Administrative Code, and adopts a new Chapter 403 with the same title.

Legal Authority for Rulemaking

    This rulemaking is adopted under the authority provided in Iowa Code section 15.120.

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code section 15.120.

Purpose and Summary

    Pursuant to Executive Order 10, the Authority is rescinding Chapter 403 and adopting a new chapter in lieu thereof. The chapter describes the organization of the Iowa Energy Center (IEC) and its Board. The IEC is administered by the Authority pursuant to Iowa Code section 15.120.

    The proposed chapter omits language that is duplicative of statutory language and other unnecessary or inconsistent language.

Public Comment and Changes to Rulemaking

    Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on January 7, 2026, as ARC 9951C. A public hearing was held on the following date(s):

     ?   January 27, 2026

     ?   January 29, 2026

    No one attended the public hearings. No public comments were received. No changes from the Notice have been made.

Adoption of Rulemaking

    This rulemaking was adopted by the IEC Board on May 5, 2026.

Fiscal Impact

    This rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

    After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Authority for a waiver of the discretionary provisions, if any, pursuant to 261—Chapter 199.

Review by Administrative Rules Review Committee

    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

Effective Date

    This rulemaking will become effective on July 1, 2026.

    The following rulemaking action is adopted:

    ITEM 1.  Rescind 261—Chapter 403 and adopt the following new chapter in lieu thereof:

CHAPTER 403

IOWA ENERGY CENTER

261—403.1(15) Definitions. As used in these rules, unless the context otherwise requires:

    “Authority” means the economic development authority created in Iowa Code section 15.105.

    “Board” means the governing board of the Iowa energy center established pursuant to Iowa Code section 15.120(2) and includes the members appointed to the board by the governor.

    “Committee” means a committee established by the board.

    “Iowa energy center” or “IEC” means the Iowa energy center established pursuant to Iowa Code section 15.120 for the purposes identified therein.

261—403.2(15) Iowa energy center board.

    403.2(1) Quorum and voting requirements. Seven or more members of the board constitute a quorum, and any board action requires an affirmative vote by a majority of the members present.

    403.2(2) Board officers. Members of the board elect a chairperson and a vice chairperson annually and may elect other officers as necessary.

    403.2(3) Meetings.

    a.  The board generally meets quarterly at the authority’s offices or by electronic means. By notice of the regularly published meeting agendas, the board and its committees may hold regular or special meetings at other locations within the state. Meeting agendas are available on the authority’s website at www.opportunityiowa.gov.

    b.  The chairperson may exclude any person disrupting the proceedings.

    403.2(4) Committees. The board may, from time to time, establish advisory committees for purposes of overseeing the IEC, its programs, and its operations. Such committees include but are not limited to the following:

    a.  A grant committee is established to assist the board in making and administering awards of grants under the IEC’s programs.

    (1)  The grant committee is an advisory body comprised of voting members of the board who are selected annually by the voting members of the board. The membership and size of the committee as well as the terms of the committee members will be established annually by the board.

    (2)  The members of the grant committee may elect a chairperson. The chairperson may appoint members of the grant committee to serve on a grant committee subcommittee if necessary. Such a subcommittee is advisory only and may perform such duties as may be assigned by the chairperson.

    (3)  The duties of the grant committee may include reviewing applications for grant awards, making recommendations to the board regarding the size and condition of grant awards, and any other duty assigned by the board in relation to the programs administered by the IEC.

    (4)  A majority of the committee members constitutes a quorum of the committee.

    (5)  Meetings of the grant committee are held at the call of the chairperson.

    b.  A loan committee is established to assist the board in making and administering loan awards under the IEC’s programs, including the alternate energy revolving loan program and energy infrastructure revolving loan program.

    (1)  The loan committee is an advisory body comprised of voting members of the board who are selected annually by the voting members of the board. The membership and size of the committee as well as the terms of the committee members will be established annually by the board.

    (2)  The members of the loan committee may elect a chairperson. The chairperson may appoint members of the loan committee to serve on a loan committee subcommittee if necessary. Such a subcommittee is advisory only and may perform such duties as may be assigned by the chairperson.

    (3)  The duties of the loan committee may include reviewing applications for loans, making recommendations to the board regarding the size and condition of loans, and any other duty assigned by the board in relation to the programs administered by the IEC.

    (4)  A majority of the committee members constitutes a quorum of the committee.

    (5)  Meetings of the loan committee are held at the call of the chairperson.

These rules are intended to implement Iowa Code section 15.120.

[Filed 5/6/26, effective 7/1/26]

[Published 5/27/26]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 5/27/26.