ARC 4498C

ARC 4498C

HOMELAND SECURITY AND EMERGENCY MANAGEMENT DEPARTMENT[605]

Notice of Intended Action

Proposing rule making related to flood recovery fund

and providing an opportunity for public comment

The Homeland Security and Emergency Management Department hereby proposes to amend Chapter 14, "Flood Mitigation Program," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is proposed under the authority provided in 2019 Iowa Acts, Senate File 638.

State or Federal Law Implemented

This rule making implements, in whole or in part, 2019 Iowa Acts, Senate File 638.

Purpose and Summary

This proposed rule making amends Chapter 14 by adding a new rule that deals with the creation of the Flood Recovery Fund. The fund will be administered by the Flood Mitigation Board. The fund will provide financial support to political subdivisions of the state that have experienced or will experience expenses related to flood response, flood recovery, or flood mitigation. The proposed new rule provides details on eligible applicants, eligible projects, and the application process. This proposed rule making was approved by the Flood Mitigation Board on May 20, 2019.

Fiscal Impact

The funds will be used to support eligible political subdivisions as they seek to recover and rebuild from the recent flood events. At this point the Department cannot determine the fiscal impact to individual political subdivisions until applications are processed.

Jobs Impact

It is anticipated that this funding will enable eligible political subdivisions to more fully recover from the impacts of recent flooding events, thereby improving the short-term and long-term sustainability of the political subdivisions.

Waivers

Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any.

Public Comment

Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m.on July 9, 2019. Comments should be directed to:

Public Hearing

A public hearing at which persons may present their views orally or in writing will be held as follows:

Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.

Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making 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).

Emergency Rule Making Adopted by Reference

This proposed rule making is also published herein as an Adopted and Filed Emergency rule making (see ARC 4499C, IAB 6/19/19). The purpose of this Notice of Intended Action is to solicit public comment on that emergency rule making, whose subject matter is hereby adopted by reference.