Legislature, Governor

• Governor orders ALL Iowa rules repealed

• Carbon dioxide pipeline battle moves to the legislature

Climate Change and Coal plants

• Demand stronger clean energy plan from MidAmerican

• Agriculture is largest emitter of greenhouse gases in Iowa

Plus

• Join us for interesting and informative webinars and Lunch and Learns

• Contribute to the Iowa Chapter

• Volunteer for the Iowa Chapter

• Calendar of events

• To see the archive of previous Iowa Chapter newsletters

• To see the White Pine Needle newsletter

Governor orders ALL Iowa rules repealed

By Wally Taylor, Legal Chair of the Iowa Chapter of the Sierra Club

Background

On January 10, the Governor signed Executive Order Number Ten which begins a process to repeal every single rule, which orders every state agency, board, or commission to review all existing rules, and which allows a new rule to be written only if it reduces overall regulatory burden or remains neutral to what is currently in place.  All of this will be done on a timetable that will be set by March 1, 2023, and must be completed by December 31, 2026.

Stepping back a bit, once the state legislature passes a bill and the governor signs the bill, the state agencies, boards, or commissions write rules which lay out how the law is going to be implemented.  Rules provide the details and instructions for the law. 

Additionally, rules can lay out how the state will manage and implement federal law.  For example, the Iowa Department of Natural Resources has been given authority to administer the Federal Clean Water Act and the Federal Clean Air Act.  The Iowa rules detail how Iowa officials will follow those Acts, what steps are required, and other details.

From Governor Kim Reynolds Condition of the State Address, January 10, 2023

“Government’s internal structure isn’t the only thing that needs a makeover; so does our complex system of red tape and regulation.  
 
Over time, Iowa’s Administrative Code has ballooned to more than 20,000 pages and 190,000 restrictive terms. Many of these rules are unnecessary. Some are actually counterproductive, short-circuiting legitimate economic activity and making our state less competitive.  
 
Today, I signed an executive order that will begin the process of lifting this dead weight from our economy over the next four years. It puts a moratorium on new rulemaking while directing state agencies to assess whether their existing rules—each and every one—are worth the economic cost.  
 
Only those that meet this standard will be reissued. The rest will be repealed. When it’s all said and done, Iowa will have a smaller, clearer, and more growth-friendly regulatory system.”

The laws are published in the Iowa Code.  The Iowa Code is 8 large volumes, each volume the size of a desktop dictionary.  The photo shows the 2021 Iowa Code and compares the size of each volume to a desktop dictionary.  Photo by Pam Mackey Taylor.

 

Analysis of the Governor’s Executive Order

The first "Whereas" clause alleges that the current rules have imposed high costs on employers, inhibited job growth, impeded private sector investment, and increased the complexity and expense of economic life.  Where is the Governor's proof for any of those allegations?  And she ignores the benefits of the rules.  Unchecked capitalism results in damage to people and the environment.  That is why we have rules that are supposed to protect us.

The second "Whereas" clause alleges that there is a regulatory burden on Iowans.  The regulatory burden is not on Iowans.  If there is a regulatory burden, it is on business and industry, which of course, is the only thing the Governor is concerned about.  And what about the burden on people and the environment if there is no protection provided by the rules?  That clause goes on to talk about citizens' freedom to engage in individual, family, and business pursuits.  What about the freedom from harm, the freedom to enjoy clean water and clean air, the freedom to enjoy nature, the freedom to have our persons and property protected, among other freedoms that administrative rules can provide.

The third "Whereas" clause alleges that the current administrative code contains 190,000 restrictive terms.  Not all terms in the code are restrictive.  Some are very expansive in letting businesses get away with harming people and the environment.  And rules are meant to be restrictive to restrict injurious conduct.

The fourth "Whereas" clause alleges that there are national economic headwinds facing Iowans.  What economic headwinds is the Governor talking about?  Inflation is moderating or maybe even decreasing, unemployment is at a historic low, wages are rising slightly, efforts are being made to bring manufacturing back to this country.  And how would changing Iowa's administrative rules address any of that?

The fifth "Whereas" clause again claims that the regulations are "excessively burdensome," without any proof to substantiate that statement.

The seventh "Whereas" clause requires a rigorous cost-benefit analysis.  How will the benefits be measured?   Many, if not most, of the benefits of the rules cannot be reduced to dollars and cents.  Trying to do so, which I expect is what we will see, is a rigged effort.

Throughout the executive order, the Governor places a lot of authority in the hands of the Administrative Rules Coordinator. As near as we can determine, the position is unfilled.  I am confident that the Governor will install her hand-picked puppet to fill that role.

Section II of the executive order requires each agency to repeal existing rules.  In other words, the review of the rules by each agency must result in repeal, a preordained conclusion.

Under Section III of the order, even if an agency wants to renew any rules, the rules must pass a "comprehensive evaluation and rigorous cost-benefit analysis."  Again, this will be a rigged effort, apparently under the control of the Governor's hand-picked Administrative Rules Coordinator.  And any new rule must reduce the regulatory burden (on the regulated entities) or remain neutral. In other words, a new rule can never be more protective of people and the environment than the current rule.

The moratorium on new rules is imposed to “create a more stable regulatory environment and provide businesses with certainty."  There is no mention of the impact on the lives of people. It is all about protecting business.

Having said all of that, Sierra Club's position, at least as to the rules we regularly deal with, is that many of the rules are too favorable to business and should be strengthened.  The Governor's order appears designed to do just the opposite.

Hysteria

Throughout Governor Reynold’s Condition of the State speech, she referred to the opponents of her previous proposals as engaging in “hysteria”.

In spite of the fact that the Governor will call these comments hysteria, each and every one of us should be deeply concerned with the overall effects of this executive order. 

Carbon dioxide pipeline battle moves to the legislature

Now that the legislature is in session, it is time to advocate for a bill that bans eminent domain for carbon dioxide pipelines.  There are four things you can do

1. Call and/or Text Representative Pat Grassley at 319-214-0351 or 515-281-3521 - make sure he knows that a bill that bans eminent domain for carbon pipelines is our priority bill.  Anything else is starting with a compromise.

2. E-mail your Representative - make sure your Representative knows our priority bill is one that bans eminent domain for carbon dioxide pipelines.  Email addresses for House Members

3. E-mail your Senator - make sure your Senator knows our priority bill is one that bans eminent domain for carbon dioxide pipelines.  Email addresses for Senators

Demand stronger clean energy plan from MidAmerican

Despite taking some positive steps in the right direction, MidAmerican Energy currently has no serious plan to phase out their dirty coal plants, even as a recent report showed coal ash continues to pollute our drinking water.

Sierra Club's new Synapse modeling results demonstrate that MidAm's Wind PRIME proposal is not good for ratepayers, and that there is a more economical and environmental solution. A true path to 100% clean energy for Iowa is possible by including 750 MW wind, 3700 MW solar, and 2645 MW batteries while retiring coal by 2030. Plus this plan saves customers $120 million compared to Wind PRIME. Considering that wind and solar energy is 40% more affordable than fossil fuels in 2022, it’s clear what MidAm should be doing.

Speak out and submit a comment to the Iowa Utilities Board demanding a stronger clean energy plan for MidAm at sc.org/IUBNoCoal.

Photo of George Neal North, taken by Emma Colman.

Berkshire Hathaway, owner of MidAmerican Energy

Katie Rock is  working a a project involving shareholders in Berkshire Hathaway, owner of MidAmerican Energy.  If you own shares of stock in Berkshire Hathaway, please contact Katie.rock@sierraclub.org

Agriculture is largest emitter of greenhouse gases in Iowa

The Iowa Department of Natural Resources recently issued its annual “Iowa Statewide Greenhouse Gas Emissions Inventory Report and Technical Support Document”.  This report covers the emissions from 2021.

The agriculture sector has the largest greenhouse gas emissions in Iowa.  Items included in the agricultural segment are emissions from livestock and crop production, enteric fermentation, manure management, and releases from soils.   The emissions from tractors and other agricultural equipment run with fossil fuels are included in the transportation section and not in the agricultural sector.   If the emissions from tractors were included in the agriculture sector, agriculture would far surpass any other source of greenhouse gas emissions in the state.  

Iowa’s emissions by sector are:

• Agriculture – 29%

• Residential, commercial, industrial fossil fuel use – 27%

• Power plants – 19%

• Transportation – 16%

• Industrial processes – 6%

• Waste – 2%

• Natural gas transmission and distribution – 1%

Lunch and Learns

Every Friday at noon, we do a Lunch and Learn livestream.  See us on Facebook at "Sierra Club Iowa Chapter".  These will be recorded so you can watch them anytime.  Topics will be selected based on what is happening during the week and will be announced the day before the livestream.  During the legislative session, we cover issues coming before the Iowa legislature.

In case you missed our past webinars and lunch and learn sessions, you can still see them.

• Learn "How to be Effective at Legislative Forums", January 13, 2023
• Watch the discussion of the book "Mini Forest Revolution: Using the Miyawaki Method to Rapidly Rewild the World Book Discussion" by Hannah Lewis.  This is on You Tube and is an hour long.
• Watch "2023 Iowa Legislature", January 6, 2023

Volunteer for the Iowa Chapter

Almost everything we do is done by volunteers like you.  If you would like to volunteer for the Iowa Chapter, please let us know by sending an E-mail to Iowa.chapter@sierraclub.org.  Or sign up by using the online form.  There are many opportunities for you to make a difference:

• making phone calls

• developing graphics for banners and flyers

• working on legislative issues

• working on elections

• fundraising

• organizing events

• joining an issue committee 

If you would like to join our legislative action team, sign up here.  Keep on top of what is happening at the Iowa legislature.  Be alerted when you should contact your legislators about pending legislation.

Photo by Pam Mackey Taylor

Sierra Club - the best bet for achieving bold solutions to Iowa’s environmental problems

Sierra Club is Iowa’s oldest and largest grassroots environmental organization.  Not only that, we are the best bet in the state for achieving bold solutions to Iowa’s environmental problems.

We work in the courts, before Iowa’s public agencies, and in the halls of the legislature.  The Iowa Chapter's effort to protect the environment takes financial support.  The Chapter receives very little financial support from the national Sierra Club.  Can we count on you for a donation to ensure even more victories?  Your contribution will be put to work here in Iowa on issues that affect every day Iowans – water quality, clean air, protection of Iowa's soil, parks and natural areas, and a strong democracy.  The Iowa Chapter is relentless in fighting back bad legislation that affects every one of us. 

Your non-deductible contributions make it possible for us to fight bad legislation and to promote good legislation.  We appreciate your past and on-going support of these efforts.  You can make a non-deductible donation with a credit card.   A non-deductible donation supports the Chapter's effective, citizen-based advocacy and lobbying programs.  If you prefer, a non-deductible check can be written to the Sierra Club Iowa Chapter and mailed to:

Treasurer
Sierra Club, Iowa Chapter
PO Box 1058
Marion, IA 52302

You can also make a tax-deductible donation with a credit card.  Tax-deductible activities are limited to public interest education, research and legal actions.  A deductible check can be written to the Sierra Club Foundation with “Iowa Chapter” written in the memo line.

Thank you for your support.

Photo with this article, Iowa Utilities Board meeting public comment period.  Photo by Jess Mazour.

Donate your used vehicle

As the Sierra Club Foundation's Iowa Chapter continues to raise charitable funds to support its work in Iowa, won’t you consider participating in our vehicle donation program?  Our partners over at CARS have made the process of donating your unused or unneeded car, truck, motorcycle, boat or RV easy, efficient and secure.  They’ll take care of everything from picking up your vehicle to sending you a tax receipt for your generous gift.  To learn more about The Sierra Club Foundation's Iowa Chapter vehicle donation program, please call 844-674-3772.  Or visit our webpage to get started today!

Sierra Club Foundation promotes climate solutions, conservation, and movement building through a powerful combination of strategic philanthropy and grassroots advocacy. The Foundation is the fiscal sponsor of Sierra Club’s charitable environmental programs.

For more information 

Planned giving . . . naming the Sierra Club Iowa Chapter in your will 

Ensure your environmental legacy by naming the Iowa Chapter in your will or trust. These gifts cost you nothing now. You can hold onto your assets for as long as you need them.

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