Notice of Intended Action
Iowa transportation map; secondary road fund distribution committee; Iowa byways program; highway bridge program for cities and counties; allocation of farm-to-market road funds; availability of instructional memorandums to local public agencies; preparation of secondary road construction programs, budgets, and county annual reports; reimbursable services and supplies, rescind chs 28, 102, 132, 161, 170, 172 to 174
ARC 8135C
TRANSPORTATION DEPARTMENT[761]
Notice of Intended Action
Proposing rulemaking related to rescission of chapters
and providing an opportunity for public comment
The Transportation Department hereby proposes to rescind Chapter 28, “Iowa Transportation Map,” Chapter 102, “Secondary Road Fund Distribution Committee,” Chapter 132, “Iowa Byways Program,” Chapter 161, “Highway Bridge Program for Cities and Counties,” Chapter 170, “Allocation of Farm-to-Market Road Funds,” Chapter 172, “Availability of Instructional Memorandums to Local Public Agencies,” Chapter 173, “Preparation of Secondary Road Construction Programs, Budgets, and County Annual Reports,” and Chapter 174, “Reimbursable Services and Supplies,” Iowa Administrative Code.
Legal Authority for Rulemaking
This rulemaking is proposed under the authority provided in Iowa Code sections 307.12(1)“j” and 312.3C.
State or Federal Law Implemented
This rulemaking implements, in whole or in part, Iowa Code chapter 306D and sections 307.12(1)“j,” 307.14, 307.24, 307.44, 309.22, 309.93, 310.27, 312.2, 312.3, 312.3B, 312.3C, 312.5 and 313.4(1).
Purpose and Summary
This proposed rulemaking will rescind Chapters 28, 102, 132, 161, 170, 172, 173 and 174 in accordance with Executive Order 10 and 2024 Iowa Acts, Senate File 2385, section 367, which repeals Iowa Code section 312.3C and affects Chapter 102.
Chapter 28 supports the development and use of the Iowa Transportation Map and restricts use of the map for personal or professional gain. The instances of using the map for personal or professional gain are extremely rare, and the Department determined that alternate methods to restrict this use of the map could be used and that the rules are unwarranted.
Chapter 102establishes formulas used for the distribution of moneys in the Secondary Road Fund and the Farm-to-Market Road Fund and defines the process the Secondary Road Fund Distribution Committee administers its duties. 2024 Iowa Acts, Senate File 2385, section 368, repeals Iowa Code section 312.3C, which gave the Committee authority to adopt Chapter 102. Later this year, the Transportation Commission will be adopting a new chapter concerning the Secondary Road Fund and Farm-to-Market Road Fund distribution methodologies in accordance with Senate File 2385, sections 303 through 307.
Chapter 132 supports the designation of Iowa Byways; however, there have been only 14 Iowa Byways designated since 1988. In lieu of rules on the subject, the Department published a guidance document on the Department’s website at www.iowadot.gov/iowasbyways/iowas-byways-home.
Chapter 161 implements the federal-aid county and city highway bridge funding programs. Chapter 170 establishes requirements for the counties’ allocation of farm-to-market funds. Chapter 172 establishes requirements for instructional memorandums for cities and counties. The Department already publishes instructional memorandums concerning the subject matter of Chapters 161, 170 and 172, so rules are duplicative and unnecessary. The Department’s instructional memorandums are available on the Department’s website at www.iowadot.gov/local_systems. Cities and counties have multiple opportunities to provide input on the instructional memorandums.
Chapter 173 establishes requirements for preparation of secondary road construction programs, budgets, and county annual reports. These requirements are already published on the Local Systems Bureau’s web page on the Department’s website.
Chapter 174 establishes requirements for reimbursable services and supplies for cities and counties. The Department provides reimbursable services to cities and counties, which is more efficient and less costly for taxpayers. The Department’s instructional memorandums and various other internal procedures list the services the Department provides to cities and counties.
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 Department for a waiver of the discretionary provisions, if any, pursuant to 761—Chapter 11.
Public Comment
Any interested person may submit written comments concerning this proposed rulemaking. Written comments in response to this rulemaking must be received by the Department no later than 4:30 p.m. on August 16, 2024. Comments should be directed to:
|
Tracy George |
Public Hearing
Public hearings at which persons may present their views orally will be held as follows:
|
August 15, 2024 |
Microsoft Teams Link |
|
August 16, 2024 |
Microsoft Teams Link |
Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.
Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact Tracy George and advise of specific needs.
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).
The following rulemaking action is proposed:
ITEM 1.Rescind and reserve 761—Chapter 28.
ITEM 2.Rescind and reserve 761—Chapter 102.
ITEM 3.Rescind and reserve 761—Chapter 132.
ITEM 4.Rescind and reserve 761—Chapter 161.
ITEM 5.Rescind and reserve 761—Chapter 170.
ITEM 6.Rescind and reserve 761—Chapter 172.
ITEM 7.Rescind and reserve 761—Chapter 173.
ITEM 8.Rescind and reserve 761—Chapter 174.
Transportation Department
- 800 Lincoln Way
- Ames, IA 50010
- (515) 239-1358
- Visit Website
- Agency Chapters
- Agency Rules
- RSS
Sub Organizations
Open For Comments
This notice is open for comments for 20 more day(s). If you'd like to comment, select or click the text you wish to comment on in the document, or click the button below to make a general comment about the document. Comments will be collected through 8/16/2024
NOTE: You can also click the text in the document to make comments about specific sections.
Public Hearing
Official Document
- Iowa transportation map; secondary road fund distribution committee; Iowa byways program; highway bridge program for cities and counties; allocation of farm-to-market road funds; availability of instructional memorandums to local public agencies; preparation of secondary road construction programs, budgets, and county annual reports; reimbursable services and supplies, rescind chs 28, 102, 132, 161, 170, 172 to 174
- Published on 7/24/2024
- 17 Views , 0 Comments
- Notice of Intended Action
The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.
View the Iowa Administrative Bulletin for 7/24/2024.
About
Welcome to the State of Iowa’s Administrative Rules Website. Public participation in the formulation of administrative rules helps our state to reform burdensome rules and prevent overregulation or red tape, encouraging efficiency, economic growth and job creation.
The purpose of this website is to allow members of the public the opportunity to comment on administrative rules in the Notice process. Members of the public have 20 days to comment on a rule from the date of publication. You may comment on all administrative rules open for comment on this website.
Division of Information Technology
Des Moines, Iowa 50309
administrative-rules@iowa.gov
https://ocio.iowa.gov
Stay Connected
© 2024; State of Iowa | Privacy Policy
