ARC 9017C

ARC 9017C

Proposing rulemaking related to mass notification and emergency messaging system
and providing an opportunity for public comment

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on January 22, 2025. A public hearing was held on the following date(s):

●February 11, 2025

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

ITEM 1.Rescind 605—Chapter 15 and adopt the following new chapter in lieu thereof:

CHAPTER 15

MASS NOTIFICATION AND EMERGENCY MESSAGING SYSTEM

605—15.1(29C) Purpose. In accordance with Iowa Code section 29C.17A, 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.

605—15.2(29C) Definitions. For the purpose of this chapter, the following definitions apply:

“Commission” means the same as defined in Iowa Code section 29C.2.

“Department” means the same as defined in Iowa Code section 29C.2.

“Director” means the same as defined in Iowa Code section 29C.2.

“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 7E.5.

605—15.3(29C) Application for access.

15.3(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 will 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).

15.3(2) All applications will be reviewed by the director or designated staff to ensure that the application meets all of the guidelines established in this chapter. If the application does not meet all of the guidelines, the state agency or commission will be notified of such shortfalls and possible remedies.

15.3(3) If all of the guidelines have been met and the director chooses to grant access to the system, the state agency or commission will be notified of acceptance.

15.3(4) If the director chooses not to grant the state agency or commission access to the system, the director will provide notice to the state agency or commission and provide information regarding the decision.

15.3(5) After access to the system has been granted, the director may revoke or suspend such access if the director determines that the state agency or commission is not using the system in accordance with Iowa Code sections 22.7, 29C.2 and 29C.17A and this chapter.

605—15.4(29C) Operational plan and procedures.

15.4(1) Each state agency or commission that applies to access the system will develop and maintain an operational plan and procedures. The operational plan and procedures will 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.

15.4(2) The state agency or commission will complete a memorandum of agreement with the Federal Emergency Management Agency (FEMA) Integrated Public Alert and Warning System (IPAWS) program management office for the purpose of accessing IPAWS. A copy of the approved agreement will be included within the operational plan and procedures document.

15.4(3) The state agency or commission will complete a user agreement with the department. The user agreement specifies that, by accessing the system, users may be exposed to information deemed confidential under Iowa Code chapter 22. A copy of the user agreement will be included within the operational plan and procedures document.

15.4(4) The department has developed an operational plan and procedures template to be used by all state agencies and commissions making application to access the system. All operational plans and procedures developed by the state agencies or commissions and submitted for approval should substantially conform to this template.

These rules are intended to implement Iowa Code sections 22.7, 29C.2 and 29C.17A.