Effective January 1_st, 2023, a new DOE rule will effectively prohibit the manufacture, distribution, and sale of most incandescent and halogen lamps in the US. This rule applies a minimum efficiency of 45 lumens per watt to general service lamps which is understood to be unachievable by incandescent and halogen style lamps. This rule, therefore, will accelerate the full market transition to LED bulbs.

The rule is being applied to retailers along with manufacturers, distributors, and importers. Penalties will start being applied in the first quarter of 2023 and then increase later in the year. Because these penalties are being applied to retailers, we expect to only see LED style bulbs on shelves come January.

How does this affect IAMU Members? First, the full transition to more energy efficient bulbs should reduce your wholesale power consumption. Second, for those members still offering an efficiency rebate for purchasing efficient bulbs, you may want to consider repurposing that budget for other efficiency or load-growth incentive programs.

There is still plenty of time to enroll in MunEEBuck$, and have your rebate program fully launched by July 1st. Please contact Jeff Gorrie (309-678-5579) soon if you would like to move your current rebate program onto our shared platform or if you would like to consider launching a new program.

In this era of e-everything, you may be tempted to toss your print communication efforts in the recycle bin. However, focusing only on electronic media may not be the best approach.

Print is not dead. Print and electronic media efforts can – and should – coexist. The two can work together to help enhance the reach and effectiveness of each other. Direct mail, posters, newsletters, calendars, and brochures can lead people to websites, videos, and social media sites — and vice versa.

How much you focus on which efforts may depend on a few factors:

• The age of your audience: Younger people will typically be more comfortable with electronic communication versus older folks who have used printed communication most of their work life.
• Where and how your audience works and lives: If customers have access to and use computers and smartphones or tablets during their daily lives, they may be more likely to look at electronic communications. If customers do not access electronics often, they may be more likely to look at printed communications mailed to them or displayed in locations throughout your community.

David Johnson, a journalism professor at the American University School of Communication, may have summed up the print versus electronic debate best when he wrote: “The smart answer isn’t putting digital or print first, but to put design and usability first, using each product for what they do best and let them do it together.”

By Attorneys Jenna Sabroske and Emily Kolbe

The ability of public entities to recover costs incurred in responding to open records requests has been a topic of debate in recent legislative sessions. During the 2022 legislative session, the Iowa Legislature amended Iowa Code Chapter 22, Iowa’s Open Records Law, to clarify the expenses that public entities can charge in connection with responses to open records requests under Iowa Code Chapter 22. The legislation was passed as Senate File 2322 and signed into law by Governor Reynolds on May 2, 2022. The amendment will go into effect beginning July 1, 2022.

Senate File 2322 makes three primary changes to Iowa Code Section 22.3, as follows:

• For documents that can be produced in less than 30 minutes, the new law requires that the custodian of public records “make every reasonable effort to provide the public record requested at no cost other than copying costs.” 

• The new law limits all fees charged to “reasonable” expenses, provided the amount of the expenses are communicated to the person requesting the documents. This is unlikely to result in any change from current best practices related to fees charged to produce responsive documents. The person requesting documents is required to pay all reasonable expenses; however, they may challenge the reasonableness of requested expenses.

• Lastly, the new law provides that fees for legal services in connection with the production of records should be limited to “the redaction or review of legally protected confidential information.” This is unlikely to result in any significant change from current best practices.

It is important for public entities to be aware of Chapter 22’s limitations on fees charged for production of documents responsive to an open records request, including the new amendment to the statute.

The critical takeaway of this amendment is to avoid assessing a fee to requesters for responsive documents that can be produced in less than 30 minutes, absent unusual circumstances. Examples of such documents could include specific meeting minutes or agendas, executed contracts, or other stand-alone document requests. Determining what expenses are reasonable will necessarily depend on the overall scope and content of an individual request.

This change in the law is unlikely to require many public entities to make significant changes to their existing open records request policies and practices. However, this amendment to Iowa Code Chapter 22 is a good reminder to review existing open records request policies and practices, and may present a good opportunity to adopt a formal open records requests policy if your entity has not previously done so. We encourage you to consult with legal counsel to determine whether this bill requires any changes to your entity’s existing open records request policies and procedures.

About Ahlers & Cooney's Client Alerts

Our Client Alerts are intended to provide occasional general comments on new developments in Federal and State law and regulations which we believe might be of interest to our clients. The Client Alerts should not be considered opinions of Ahlers & Cooney, P.C., and are not intended to provide legal advice as a substitute for seeking professional counsel. Readers should not under any circumstance act upon the information in this publication without seeking specific professional counsel. Ahlers & Cooney will be pleased to provide additional details regarding any article upon request. Additional copies of this Client Alert may be obtained by contacting any attorney in the Firm or by visiting the Firm's website at www.ahlerslaw.com.