101C.3 - IOWA PROPANE EDUCATION AND RESEARCH COUNCIL ESTABLISHED.
101C.3 IOWA PROPANE EDUCATION AND RESEARCH COUNCIL
ESTABLISHED.
1. The Iowa propane education and research council is
established. The council shall consist of ten voting members, nine
of whom represent retail propane marketers and one of whom shall be
the administrator of the division of community action agencies of the
department of human rights. Members of the council other than the
administrator shall be appointed by the fire marshal from a list of
nominees submitted by qualified propane industry organizations by
December 15 of each year. A vacancy in the unfinished term of a
council member shall be filled for the remainder of the term in the
same manner as the original appointment was made. Other than the
administrator, council members shall be full-time employees or owners
of a propane industry business or representatives of an agricultural
cooperative actively engaged in the propane industry. An employee of
a qualified propane industry organization shall not serve as a member
of the council. An officer of the board of directors of a qualified
propane industry organization or propane industry trade association
shall not serve concurrently as a member of the council. The fire
marshal or a designee may serve as an ex officio, nonvoting member of
the council.
2. In nominating members of the council, qualified propane
industry organizations shall give due consideration to nominating
council members who are representative of the propane industry,
including representation of all of the following:
a. Interstate and intrastate retail propane marketers.
b. Large and small retail propane marketers, including
agricultural cooperatives.
c. Diverse geographic regions of the state.
3. The following persons shall be ex officio, nonvoting members
of the council designated for three-year terms as follows:
a. A professional fire fighter designated by the Iowa
association of professional fire chiefs.
b. A volunteer fire fighter designated by the Iowa firemen's
association.
c. An experienced plumber involved in plumbing training
programs designated by the Iowa state building and construction
trades council.
d. A heating, ventilation, and air conditioning professional
involved in heating, ventilation, and air conditioning training
programs designated by the Iowa state building and construction
trades council.
e. A community college instructor with experience in
conducting fire safety programs designated by the Iowa association of
community college presidents.
f. A representative of a property and casualty insurance
company with experience in insuring sellers of propane gas designated
by the Iowa insurance institute.
4. A council member shall not receive compensation for the
council member's service and shall not be reimbursed for expenses
relating to the council member's service. A member of the council
shall not be a salaried employee of the council or of any
organization or agency which receives funds from the council.
5. A council member shall serve a term of three years and shall
not serve more than two full consecutive terms. A council member
filling an unexpired term may serve not more than a total of seven
consecutive years. A former council member may be appointed to the
council if the former member has not been a member of the council for
a period of at least two years.
6. Initial appointments to the council shall be for terms of one,
two, and three years that are staggered to provide for the future
appointment of at least two members each year.
7. The voting members of the council shall select a chairperson
and other officers as necessary from the voting members and shall
adopt rules and bylaws for the conduct of business and the
implementation of this chapter. The council may establish committees
and subcommittees comprised of members of the council and may
establish advisory committees comprised of persons other than council
members. The council shall establish procedures for the solicitation
of propane industry comments and recommendations regarding any
significant plans, programs, or projects to be funded by the council.
8. a. The council shall develop programs and projects and
enter into agreements for administering such programs and projects as
provided in this chapter, including programs to enhance consumer and
employee safety and training, provide for research and development of
clean and efficient propane utilization equipment, inform and educate
the public about safety and other issues associated with the use of
propane, and develop programs and projects that provide assistance to
persons who are eligible for the low-income home energy assistance
program. The programs and projects shall be developed to attain
equitable geographic distribution of their benefits to the fullest
extent practicable. The costs of the programs and projects shall be
paid with funds collected pursuant to section 101C.4. The council
shall coordinate its programs and projects with propane industry
trade associations and others as the council deems appropriate to
provide efficient delivery of services and to avoid unnecessary
duplication of activities. Issues concerning propane that are
related to research and development, safety, education, and training
shall be given priority by the council in the development of programs
and projects.
b. The council may develop energy efficiency programs
dedicated to weatherization, acquisition and installation of
energy-efficient customer appliances that qualify for energy star
certification, installation of low-flow faucets and showerheads, and
energy efficiency education. The council may by rule establish
quality standards in relation to weatherization and appliance
installation.
9. At the beginning of each fiscal year, the council shall
prepare a budget plan for the next fiscal year, including the
probable cost of all programs, projects, and contracts to be
undertaken. The council shall submit the proposed budget to the fire
marshal for review and comment. The fire marshal may recommend
appropriate programs, projects, and activities to be undertaken by
the council.
10. The council shall keep minutes, books, and records that
clearly reflect all of the acts and transactions of the council which
are public records open to public inspection. The books and records
shall indicate the geographic areas where benefits were conferred by
each individual program or project in detail sufficient to reflect
the degree to which each program or project attained equitable
geographic distribution of its benefits. The books of the council
shall be audited by a certified public accountant at least once each
fiscal year and at such other times as the council may designate.
The cost of the audit shall be paid by the council. Copies of the
audit shall be provided to all council members, all qualified propane
industry organizations, and to other members of the propane industry
upon request. In addition, a copy of the audit and a report
detailing the programs and projects conducted by the council and
containing information reflecting the degree to which equitable
geographic distribution of the benefits of each program or project
was attained shall be submitted each fiscal year to the chief clerk
of the house of representatives and the secretary of the senate.
11. The council is subject to the open meetings requirements of
chapter 21.
12. The council shall promulgate administrative rules pursuant to
chapter 17A which shall have the same force and effect as if adopted
by a state agency. Initial rules shall be promulgated on an
emergency basis.
13. The council shall also perform the functions required of a
state organization under the federal Propane Education and Research
Act of 1996, be the repository of funds received under that Act, and
separately account for those funds. The council shall coordinate the
operation of the program with the federal council as contemplated by
15 U.S.C. § 6405. Section History: Recent Form
2007 Acts, ch 182, §3, 15; 2008 Acts, ch 1032, §93, 202; 2009
Acts, ch 141, §3
Referred to in § 101C.2, 101C.11