HSB 742 (LSB 6280YC (1) 83)

HOUSE FILE _____

BY  (PROPOSED COMMITTEE ON APPROPRIATIONS BILL BY CHAIRPERSON OLDSON)

A BILL FOR

An Act relating to and making, reducing, and transferring appropriations to state departments and agencies from the rebuild Iowa infrastructure fund, the technology reinvestment fund, the revenue bonds capitals fund, the revenue bonds capitals II fund, the FY 2009 prison bonding fund, and other funds, creating the Iowa jobs II program, and the revenue bonds federal subsidy holdback fund, providing for related matters, and providing an effective date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
REBUILD IOWA INFRASTRUCTURE FUND
    Section 1.  There is appropriated from the rebuild Iowa infrastructure fund to the following departments and agencies for the fiscal year beginning July 1, 2010, and ending June 30, 2011, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  DEPARTMENT OF ADMINISTRATIVE SERVICES
   a.  For distribution to other governmental entities for the payment of services related to the integrated information for Iowa system, notwithstanding section 8.57, subsection 6, paragraph “c”:

.................................................. $  3,700,000

   Moneys appropriated in this lettered paragraph shall be separately accounted for in a distribution account and shall be distributed to other governmental entities based upon a formula established by the department to pay for services associated with the integrated information for Iowa system provided during the fiscal year by the department.

   During the fiscal year, the department may use up to $1,000,000 of unexpended or unobligated funds in the information technology operations fund established under the provisions of section 8A.123 to provide funding for costs associated with the integrated information for Iowa system. By October 31, 2011, the department shall report to the department of management and the legislative services agency regarding any moneys that are used for this purpose.

   b.  For costs associated with Mercy capitol hospital building operations, notwithstanding section 8.57, subsection 6, paragraph “c”:

.................................................. $  1,083,175

   Moneys appropriated in this paragraph shall not be used for purposes of the renovation of the Mercy capitol hospital building.

   c.  For the state’s share of support in conjunction with the city of Des Moines and local area businesses to provide a free shuttle service to the citizens of Iowa that includes transportation between the capitol complex and the downtown Des Moines area, notwithstanding section 8.57, subsection 6, paragraph “c”:

.................................................. $    200,000

   Details for the shuttle service, including the route to be served, shall be determined pursuant to an agreement to be entered into by the department with the Des Moines area regional transit authority (DART) and any other participating entities.

   Of the amount appropriated in this lettered paragraph, up to $50,000 shall be used to encourage state employees to utilize transit services provided by the Des Moines area regional transit authority.

   2.  DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP

   For the administration of the watershed improvement review board established in section 466A.3, notwithstanding section 8.57, subsection 6, paragraph “c”:

.................................................. $     50,000

   3.  DEPARTMENT FOR THE BLIND

   For costs associated with universal access to audio information over the phone on demand for blind and print handicapped Iowans, notwithstanding section 8.57, subsection 6, paragraph “c”:

.................................................. $     20,000

   4.  DEPARTMENT OF CULTURAL AFFAIRS
   a.  For continuation of the project recommended by the Iowa battle flag advisory committee to stabilize the condition of the battle flag collection, notwithstanding section 8.57, subsection 6, paragraph “c”:

.................................................. $     60,000

   b.  For purposes of maintenance and repairs of historic sites:

.................................................. $     40,000

   5.  DEPARTMENT OF ECONOMIC DEVELOPMENT
   a.  For deposit in the workforce training and economic development funds for each community college in section 260C.18A, notwithstanding section 8.57, subsection 6, paragraph “c”:

.................................................. $  2,000,000

   b.  To the 6th avenue corridor for improvements to the streetscape associated with the national mainstreet conference and for additional architectural and engineering design plans for economic development and community revitalization, notwithstanding section 8.57, subsection 6, paragraph “c”:

.................................................. $    100,000

   c.  To develop site plans for the southeast Iowa regional economic and port authority including plans for infrastructure for economic development, notwithstanding section 8.57, subsection 6, paragraph “c”:

.................................................. $     50,000

   d.  For equal distribution to regional sports authority districts certified by the department pursuant to section 15E.321, notwithstanding section 8.57, subsection 6, paragraph “c”:

.................................................. $    500,000

   e.  For administration and support of the world food prize including the Borlaug/Ruan scholar program, notwithstanding section 8.57, subsection 6, paragraph “c”:

.................................................. $    100,000

   6.  DEPARTMENT OF EDUCATION

   To provide resources for structural and technological improvements to local libraries and for the enrich Iowa program, notwithstanding section 8.57, subsection 6, paragraph “c”:

.................................................. $    500,000

   Of the moneys appropriated in this subsection, $50,000 shall be allocated equally to each library service area.

   7.  DEPARTMENT OF NATURAL RESOURCES
   a.  For floodplain management and dam safety, notwithstanding section 8.57, subsection 6, paragraph “c”:

.................................................. $  2,000,000

   Of the amounts appropriated in this lettered paragraph, up to $400,000 is authorized for steam gages to be used for tracking and predicting flood events and for compiling necessary data relating to flood frequency analysis.

   b.  For costs associated with the construction of a permanent structure for handicapped persons and senior citizens in a county with a population between 37,150 and 37,250:

.................................................. $     40,000

   c.  For costs associated with the hiring and employment of an asset manager at Honey creek resort state park, notwithstanding section 8.57, subsection 6, paragraph “c”:

.................................................. $    100,000

   The department shall issue a request for proposals to competitively procure the services of an asset manager which shall be selected by the natural resource commission. The asset manager shall have hospitality management experience of at least five years including at least three years asset management experience in a setting similar in size and quality to the Honey creek resort state park with a similar type of market. The duties and job responsibilities of the asset manager shall include but are not limited to reviewing and commenting on the resort’s sales and marketing plan, providing for the operation of the resort in a manner consistent with the requirements and limitations set forth in the resort’s operating agreement, monitoring and supervising the resort including site visits, and negotiating and recommending an annual operating budget and budget plan. The asset manager shall report to bond counsel, the governor, the Honey creek authority, the department of natural resources, and the legislative services agency.

   8.  DEPARTMENT OF PUBLIC DEFENSE
   a.  For major maintenance projects at national guard armories and facilities:

.................................................. $  1,500,000

   b.  For renovation and facility improvements at the Iowa Falls readiness center:
.................................................. $    500,000

   c.  For renovation and facility improvements at the Cedar Rapids armed forces readiness center:

.................................................. $    200,000

   d.  For renovation and facility improvements at the Middletown readiness center:

.................................................. $    100,000

   9.  DEPARTMENT OF PUBLIC HEALTH

   For a grant to an existing national affiliated volunteer eye organization that has an established program for children and adults and that is solely dedicated to preserving sight and preventing blindness through education, nationally certified vision screening and training, community and patient service programs, notwithstanding section 8.57, subsection 6, paragraph “c”:

.................................................. $    100,000

   10.  IOWA FINANCE AUTHORITY

   For transfer to the Polk county housing trust fund for the construction of facilities to meet the specialized needs of adult persons with severe and profound disabilities who have high medical needs:

.................................................. $    250,000

   11.  STATE BOARD OF REGENTS
   a.  For allocation by the state board of regents to the state university of Iowa, the Iowa state university of science and technology, and the university of northern Iowa to reimburse the institutions for deficiencies in the operating funds resulting from the pledging of tuition, student fees and charges, and institutional income to finance the cost of providing academic and administrative buildings and facilities and utility services at the institutions, notwithstanding section 8.57, subsection 6, paragraph “c”:

.................................................. $ 24,305,412

   b.  For the Iowa flood center at the state university of Iowa for use by the university’s college of engineering, pursuant to section 466C.1, notwithstanding section 8.57, subsection 6, paragraph “c”:

.................................................. $  1,300,000

   c.  To Iowa state university of science and technology to purchase veterinary surgical and other equipment to modernize the animal care facilities at the blank park zoo as part of a cooperative effort of blank park zoo and the college of veterinary medicine, notwithstanding section 8.57, subsection 6, paragraph “c”:

.................................................. $    400,000

   12.  TREASURER OF STATE

   For county fair infrastructure improvements for distribution in accordance with chapter 174 to qualified fairs which belong to the association of Iowa fairs:

.................................................. $  1,060,000

   13.  DEPARTMENT OF TRANSPORTATION

   For infrastructure improvements at general aviation airports within the state:

.................................................. $    750,000

   14.  DEPARTMENT OF VETERANS AFFAIRS

   For transfer to the Iowa finance authority for the continuation of the home ownership assistance program for persons who are or were eligible members of the armed forces of the United States, pursuant to section 16.54, notwithstanding section 8.57, subsection 6, paragraph “c”:

.................................................. $  1,000,000
    Sec. 2.  There is appropriated from the rebuild Iowa infrastructure fund to the following departments and agencies for the following fiscal years, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  DEPARTMENT OF CORRECTIONS

   For project management costs at Fort Madison and Mitchellville prison, associated with construction projects at the department, notwithstanding section 8.57, subsection 6, paragraph “c”:

FY 2011-2012.................................................. $  4,500,000

FY 2012-2013.................................................. $  1,000,000

FY 2013-2014.................................................. $    200,000

   2.  DEPARTMENT OF NATURAL RESOURCES

   For state park infrastructure improvements:

FY 2011-2012.................................................. $  5,000,000

FY 2012-2013.................................................. $  5,000,000

FY 2013-2014.................................................. $  5,000,000

FY 2014-2015.................................................. $  5,000,000
    Sec. 3.  REVERSION.  For purposes of section 8.33, unless specifically provided otherwise, unencumbered or unobligated moneys made from an appropriation in this division of this Act shall not revert but shall remain available for expenditure for the purposes designated until the close of the fiscal year that ends three years after the end of the fiscal year for which the appropriation was made. However, if the project or projects for which such appropriation was made are completed in an earlier fiscal year, unencumbered or unobligated moneys shall revert at the close of that same fiscal year.

DIVISION II
TECHNOLOGY REINVESTMENT FUND
    Sec. 4.  There is appropriated from the technology reinvestment fund created in section 8.57C to the following departments and agencies for the fiscal year beginning July 1, 2010, and ending June 30, 2011, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  DEPARTMENT OF ADMINISTRATIVE SERVICES

   For technology improvement projects:

.................................................. $  3,793,654

   2.  DEPARTMENT OF CORRECTIONS

   For costs associated with the Iowa corrections offender network data system:

.................................................. $    500,000

   3.  DEPARTMENT OF EDUCATION
   a.  For maintenance and lease costs associated with connections for Part III of the Iowa communications network:

.................................................. $  2,727,000

   b.  For the implementation of an educational data warehouse that will be utilized by teachers, parents, school district administrators, area education agency staff, department of education staff, and policymakers:

.................................................. $    600,000

   The department may use a portion of the moneys appropriated in this lettered paragraph for an e-transcript data system capable of tracking students throughout their education via interconnectivity with multiple schools.

   4.  DEPARTMENT OF PUBLIC HEALTH

   For deposit in the county mental health, mental retardation, and developmental disabilities services fund created by section 331.424A in a county with a population over 350,000 for a community mental health center created under chapter 230A which serves only adults:

.................................................. $    250,000

   5.  IOWA TELECOMMUNICATIONS AND TECHNOLOGY COMMISSION

   For replacement of equipment for the Iowa communications network:

.................................................. $  2,244,956

   The commission may continue to enter into contracts pursuant to section 8D.13 for the replacement of equipment and for operations and maintenance costs of the network.

   In addition to moneys appropriated in this subsection, the commission may use a financing agreement entered into by the treasurer of state in accordance with section 12.28 for the replacement of equipment for the network. For purposes of this subsection, the treasurer of state is not subject to the maximum principal limitation contained in section 12.28, subsection 6. Repayment of any amounts financed shall be made from receipts associated with fees charged for use of the network.
    Sec. 5.  REVERSION.  For purposes of section 8.33, unless specifically provided otherwise, unencumbered or unobligated moneys made from an appropriation in this division of this Act shall not revert but shall remain available for expenditure for the purposes designated until the close of the fiscal year that ends three years after the end of the fiscal year for which the appropriation was made. However, if the project or projects for which such appropriation was made are completed in an earlier fiscal year, unencumbered or unobligated moneys shall revert at the close of that same fiscal year.

DIVISION III
REVENUE BONDS CAPITALS FUND —— APPROPRIATIONS
    Sec. 6.  There is appropriated from the revenue bonds capitals fund created in section 12.88, to the following departments and agencies for the fiscal year beginning July 1, 2010, and ending June 30, 2011, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  DEPARTMENT OF ADMINISTRATIVE SERVICES

   For projects related to major repairs and major maintenance for state buildings and facilities:

.................................................. $  3,000,000

   Moneys appropriated in this subsection shall not be used for purposes of the renovation of the Mercy capitol hospital building.

   2.  DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP
   a.  To the soil conservation division of the department established in section 161A.4 to provide financial assistance for the establishment of permanent soil and water conservation practices:

.................................................. $  1,000,000

   b.  Not more than 5 percent of the moneys appropriated in paragraph “a” may be allocated for cost sharing to abate complaints filed under section 161A.47.
   c.  Of the moneys appropriated in paragraph “a”, 5 percent shall be allocated for financial incentives to establish practices to protect watersheds above publicly owned lakes of the state from soil erosion and sediment as provided in section 161A.73.
   d.  Not more than 30 percent of a soil and water conservation district’s allocation of moneys as financial incentives may be provided for the purpose of establishing management practices to control soil erosion on land that is row cropped, including but not limited to no-till planting, ridge-till planting, contouring, and contour strip-cropping as provided in section 161A.73.
   e.  The state soil conservation committee created in section 161A.4 may allocate moneys appropriated in paragraph “a” to conduct research and demonstration projects to promote conservation tillage and nonpoint source pollution control practices.
   f.  The allocation of moneys as financial incentives as provided in section 161A.73 may be used in combination with moneys allocated by the department of natural resources.
   g.  Moneys appropriated in this subsection shall not be used for administrative or planning purposes.
   3.  DEPARTMENT OF CULTURAL AFFAIRS

   For grants for Iowa great places program projects:

.................................................. $  2,000,000

   4.  DEPARTMENT OF CORRECTIONS
   a.  For one-time costs associated with the opening of community-based corrections facilities including the purchase of equipment:

.................................................. $  1,519,048

   b.  For use by a city with a population between 198,000 and 199,000 for a safety barrier to be constructed in the natural environment between the fifth judicial district facility and the blank park zoo:

.................................................. $  1,000,000

   c.  For project management costs at Fort Madison and Mitchellville prisons associated with construction projects at the department:

.................................................. $  2,200,000

   5.  DEPARTMENT OF NATURAL RESOURCES  

   For implementation of lake projects that have established watershed improvement initiatives and community support in accordance with the department’s annual lake restoration plan and report:

.................................................. $  7,000,000

   Of the amount appropriated in this subsection, $250,000 shall be allocated for dredging, reconstruction, and related improvements of twin ponds adjacent to a nature center in a county with a population between 13,050, and 13,100.

   Of the amount appropriated in this subsection, $2,000,000 shall be allocated for costs associated with dam construction; shoreline protection; boat ramp, parking, and road construction; and an in-lake fishing habitat development project for a new state recreation area on a lake located in a county with a population between 155,000 and 160,000.

   6.  STATE BOARD OF REGENTS

   For phase II of the construction and renovation of the veterinary medical facilities at Iowa state university of science and technology, specifically the renovation and modernization of the area formerly occupied by the large animal area of the teaching hospital for expanded clinical services:

.................................................. $ 13,000,000

   7.  IOWA STATE FAIR

   For infrastructure improvements to the Iowa state fairgrounds including but not limited to the construction of an agricultural exhibition center on the Iowa state fairgrounds:

.................................................. $  2,500,000

   8.  IOWA FINANCE AUTHORITY

   For grants for purposes of the housing trust fund created in section 16.181:

.................................................. $  2,000,000
    Sec. 7.  TAX-EXEMPT STATUS —— USE OF APPROPRIATIONS.
   1.  Payment of moneys from the appropriations in this division of this Act shall be made in a manner that does not adversely affect the tax-exempt status of any outstanding bonds issued by the treasurer of state.
   2.  Payment of moneys from the appropriations in this division of this Act shall not be used for administrative or planning purposes.
    Sec. 8.  REVERSION.  For purposes of section 8.33, unless specifically provided otherwise, unencumbered or unobligated moneys made from an appropriation in this division of this Act shall not revert but shall remain available for expenditure for the purposes designated until the close of the fiscal year that ends three years after the end of the fiscal year for which the appropriation was made. However, if the project or projects for which such appropriation was made are completed in an earlier fiscal year, unencumbered or unobligated moneys shall revert at the close of that same fiscal year.

DIVISION IV
REVENUE BONDS CAPITALS II FUND —— APPROPRIATIONS
    Sec. 9.  NEW SECTION.  12.88A  Revenue bonds capitals II fund.
   1.  A revenue bonds capitals II fund is created and established as a separate and distinct fund in the state treasury. The treasurer of state shall act as custodian of the fund and disburse moneys contained in the fund.
   2.  Revenue for the revenue bonds capitals II fund shall include but is not limited to the following, which shall be deposited with the treasurer of state or the treasurer of state’s designee as provided by any bond or security documents and credited to the fund:
   a.  The net proceeds of bonds issued after July 1, 2010, pursuant to section 12.87 other than bonds issued for the purpose of refunding such bonds, and investment earnings on the net proceeds.
   b.  Interest attributable to investment of moneys in the fund or an account of the fund.
   c.  Moneys in the form of a devise, gift, bequest, donation, federal or other grant, reimbursement, repayment, judgment, transfer, payment, or appropriation from any source intended to be used for the purposes of the fund.
   3.  Moneys in the revenue bonds capitals II fund are not subject to section 8.33. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys in the fund shall be credited to the fund.
   4.  Annually, on or before January 15 of each year, a state agency that received an appropriation from the revenue bonds capitals II fund shall report to the legislative services agency and the department of management the status of all projects completed or in progress. The report shall include a description of the project, the work completed, the total estimated cost of the project, a list of all revenue sources being used to fund the project, the amount of funds expended, the amount of funds obligated, and the date the project was completed or an estimated completion date of the project, where applicable.
    Sec. 10.  There is appropriated from the revenue bonds capitals II fund created in section 12.88A to the following departments and agencies for the fiscal year beginning July 1, 2010, and ending June 30, 2011, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:
   1.  DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP

   a.  To the soil conservation division of the department established in section 161A.4 to provide financial assistance for the establishment of permanent soil and water conservation practices:

.................................................. $  5,950,000

   (1)  Not more than 5 percent of the moneys appropriated in this paragraph “a” may be allocated for cost sharing to abate complaints filed under section 161A.47.
   (2)  Of the moneys appropriated in this paragraph “a”, 5 percent shall be allocated for financial incentives to establish practices to protect watersheds above publicly owned lakes of the state from soil erosion and sediment as provided in section 161A.73.
   (3)  Not more than 30 percent of a soil and water conservation district’s allocation of moneys as financial incentives may be provided for the purpose of establishing management practices to control soil erosion on land that is row cropped, including but not limited to no-till planting, ridge-till planting, contouring, and contour strip-cropping as provided in section 161A.73.
   (4)   The state soil conservation committee created in section 161A.4 may allocate moneys appropriated in paragraph “a” to conduct research and demonstration projects to promote conservation tillage and nonpoint source pollution control practices.
   (5)  The allocation of moneys as financial incentives as provided in section 161A.73 may be used in combination with moneys allocated by the department of natural resources.
   (6)  Moneys appropriated in this paragraph “a” shall not be used for administrative or planning purposes.
   b.  For grants under the conservation reserve enhancement program to improve water quality and intercept nitrates:

.................................................. $  2,500,000

   2.  DEPARTMENT OF ECONOMIC DEVELOPMENT
   a.  For deposit into the community attraction and tourism fund created in section 15F.204:

.................................................. $ 12,000,000

   b.  For deposit into the river enhancement community attraction and tourism fund created in section 15F.205:

.................................................. $  4,000,000

   Moneys appropriated for grants awarded in paragraphs “a” and “b” shall be used to assist communities in the development and creation of multiple purpose attractions or community service facilities for public use.

   c.  For accelerated career education program capital projects at community colleges that are authorized under chapter 260G and that meet the definition of vertical infrastructure in section 8.57, subsection 6, paragraph “c”:

.................................................. $  5,500,000

   d.  For the main street Iowa program to be used as grants for projects that have previously applied for funding consideration, or have received partial funding for facade master plans to rehabilitate storefronts in main street Iowa districts, to complete streetscape projects where planning and the majority of funding is already secured, for unfunded main street challenge grant projects, and for other building rehabilitation projects that are currently on the department’s highest priority list:

.................................................. $  8,450,000

   Moneys appropriated in this lettered paragraph shall not be used for administration or planning purposes.

   Of the amount appropriated in this lettered paragraph, $300,000 shall be allocated to a city with a population between 25,100 and 25,200 in the last preceding certified federal census for a redevelopment project that includes improvements and modifications to streets and storm sewers in both the downtown and mall areas of the city.

   3.  DEPARTMENT OF EDUCATION

   For major renovation and major repair needs, including health, life, and fire safety needs and for compliance with the federal Americans with Disabilities Act, for state buildings and facilities under the purview of the community colleges:

.................................................. $  2,000,000

   4.  IOWA FINANCE AUTHORITY
   a.  For disaster relief and mitigation renovation and construction projects:

.................................................. $  33,600,000 

   The moneys appropriated in this paragraph “a” shall be allocated as follows:

   (1)  To a county with a population between 189,000 and 196,000 in the last preceding certified federal census, for all of the following projects:
   (a)  For the renovation and expansion of an administrative office building: 

.................................................. $  4,400,000

   (b)  For the construction of an economic commerce building:

.................................................. $  1,200,000

   (2)  To a city with a population between 120,500 and 120,800 in the last preceding certified federal census, for the following projects:
   (a)  For renovation of an existing public building to make the building useful for city department offices:

.................................................. $  4,400,000

   (b)  For construction of a flood wall around an existing courthouse:

.................................................. $  2,000,000

   (3)  To a city with a population between 29,100 and 29,200 in the last preceding certified federal census, for the construction of a small business center:

.................................................. $  1,500,000

   (4)  To a city with a population between 198,000 and 199,000 in the last preceding certified federal census to be allocated as follows:
   (a)  For site acquisition, design, engineering, and construction of a fire training and logistics center: 

.................................................. $  3,000,000

   (b)  For land acquisition, design, and construction of sewers, structures, and pumping facilities necessary to separate and convey sewer flow within the riverpoint service area:

.................................................. $  1,250,000

   (c)  For land acquisition, design, and construction of sewers, structures, and pumping facilities necessary to separate or convey sewer flow within the Court avenue service area:

.................................................. $  3,050,000

   (d)  For bank stabilization, stream bed stabilization, and erosion control on highly erodible ground that is impacting utilities, road infrastructure, and water quality:

.................................................. $    700,000

   (e)  To improve utilization of two of the wastewater reclamation authority’s existing equalization basins for the control of peak flows during wet weather events in the authority’s sewer system:

.................................................. $    500,000

   (5)  For a publicly owned acute care teaching hospital located in a county with a population of over 350,000, for the construction and renovation of patient access and care facilities, equipment replacement and upgrades, and other infrastructure improvements:

.................................................. $  1,000,000

   (6)  For a city with a population between 98,300 and 98,400 in the last preceding certified federal census, for flood protection, replacement, and construction improvements to a recreational sports facility:

.................................................. $  1,050,000

   (7)  For a city with a population between 68,700 and 68,800 in the last preceding certified federal census, for a public works building that will allow the city to provide for disaster-related services:

.................................................. $  5,000,000

   (8)  For a city with a population between 62,100 and 62,250 in the last preceding certified federal census, for the demolition, relocation, and reconstruction of a public wastewater treatment plant and the development of a public green space:

.................................................. $  2,000,000

   (9)  For a city with a population between 2,545 and 2,555 in the last preceding certified federal census, for a streetscape project that reconstructs existing horizontal infrastructure and lighting systems utilizing sustainable development practices:

.................................................. $  1,175,000

   (10)  For a city with a population between 2,200 and 2,220 in the last preceding certified federal census, for construction of a public city building:

.................................................. $    475,000

   (11)  For a city with a population between 2,558 and 2,565 in the last preceding certified federal census, for the installation of backflow prevention devices for the city’s storm sewer system:

.................................................. $    600,000

   (12)  For a city with a population between 6,875 and 6,890 in the last preceding certified federal census, for the construction of grade control structures and associated grading to mitigate future water damage to residential structures:

.................................................. $    300,000

   b.  To the Iowa jobs board for a disaster prevention program created in section 16.194A for grants for cities and counties that apply smart planning principles and guidelines pursuant to sections 18B.1 and 18B.2, if enacted by 2010 Iowa Acts, Senate File 2265, sections 1 and 2:

.................................................. $ 30,000,000

   5.  DEPARTMENT OF NATURAL RESOURCES
   a.  For state park infrastructure improvements:

.................................................. $  5,000,000

   b.  For implementation of lake projects that have established watershed improvement initiatives and community support in accordance with the department’s annual lake restoration plan and report:

.................................................. $  3,000,000

   6.  STATE BOARD OF REGENTS
   a.  For costs associated with the construction and establishment of the Iowa institute for biomedical discovery at the state university of Iowa:

.................................................. $ 10,000,000

   b.  For deposit into the alternate energy revolving loan fund created in section 476.46 to encourage the development of alternate energy production facilities and small hydro facilities, as defined in section 476.42, within the state: 

.................................................. $  5,000,000

   Any award of loans to private individuals or organizations must be for the public purpose of encouraging the development of alternate energy production facilities and small hydro facilities within the state in order to conserve finite and expensive energy resources and to provide for their most efficient use. Funds from bond proceeds shall not be used for administration or planning purposes. These moneys, and any loan repayments, shall be maintained in separate accounts and shall only be used for these public purposes.

   7  DEPARTMENT OF TRANSPORTATION
   a.  For grants for rail projects including wind energy rail port projects that provide assistance consistent with the purposes of section 327H.20A:

.................................................. $  7,500,000

   Grants awarded pursuant to this lettered paragraph shall meet all of the following selection criteria:

   (1)  Be located in or adjacent to a rail industrial park. 
   (2)  Be a facility that serves multiple industrial clients with one rail infrastructure investment.
   (3)  Accommodate building and loading complete unit train in the rail port.
   (4)  Have connection tracks with adequate clearances to transport large components. 
   (5)  Be located in an area with short unimpeded access for oversized wind components to a divided four-lane highway.

   Priority in the awarding of grants shall be given to communities that have experienced exceptional economic setbacks.

   b.  For the public transit infrastructure grant program in section 324A.6A:

.................................................. $  2,000,000

   c.  For infrastructure improvements at the commercial air service airports within the state:

.................................................. $  1,500,000

   Fifty percent of the funds appropriated in this lettered paragraph shall be allocated equally between each commercial air service airport, forty percent of the funds shall be allocated based on the percentage that the number of enplaned passengers at each commercial air service airport bears to the total number of enplaned passengers in the state during the previous fiscal year, and ten percent of the funds shall be allocated based on the percentage that the air cargo tonnage at each commercial air service airport bears to the total air cargo tonnage in the state during the previous fiscal year. In order for a commercial air service airport to receive funding under this lettered paragraph, the airport shall be required to submit applications for funding of specific projects to the department for approval by the state transportation commission.

   d.  For infrastructure projects relating to functionally obsolete and structurally deficient bridges:

.................................................. $ 10,000,000

   8.  TREASURER OF STATE

   For transfer to the watershed improvement review board created in section 466A.3 for grants associated with the construction and restoration of wetland easements and flood prevention projects:

.................................................. $  2,000,000

   Notwithstanding section 466A.5, moneys from the appropriation in this subsection shall not be used for administrative purposes.
    Sec. 11.  TAX-EXEMPT STATUS —— USE OF APPROPRIATIONS.
   1.  Payment of moneys from the appropriations in this division of this Act shall be made in a manner that does not adversely affect the tax-exempt status of any outstanding bonds issued by the treasurer of state.
   2.  Payment of moneys from the appropriations in this division of this Act shall not be used for administrative or planning purposes.
    Sec. 12.  REVERSION.  For purposes of section 8.33, unless specifically provided otherwise, unencumbered or unobligated moneys made from an appropriation in this division of this Act shall not revert but shall remain available for expenditure for the purposes designated until the close of the fiscal year that ends three years after the end of the fiscal year for which the appropriation was made. However, if the project or projects for which such appropriation was made are completed in an earlier fiscal year, unencumbered or unobligated moneys shall revert at the close of that same fiscal year.

DIVISION V
PRISON BONDING
    Sec. 13.  There is appropriated from the FY 2009 prison bonding fund created pursuant to section 12.79 to the department of corrections for the fiscal year beginning July 1, 2010, and ending June 30, 2011, the following amount, or so much thereof as is necessary, to be used for the purpose designated:

   For costs associated with the building of a new Iowa State penitentiary at Fort Madison:

.................................................. $    322,500

   The appropriation made in this section constitutes approval by the general assembly for the issuance of bonds by the treasurer of state pursuant to section 12.80.
    Sec. 14.  REVERSION.  For purposes of section 8.33, unless specifically provided otherwise, unencumbered or unobligated moneys made from an appropriation in this division of this Act shall not revert but shall remain available for expenditure for the purposes designated until the close of the fiscal year that ends three years after the end of the fiscal year for which the appropriation was made. However, if the project or projects for which such appropriation was made are completed in an earlier fiscal year, unencumbered or unobligated moneys shall revert at the close of that same fiscal year.

DIVISION VI
GROW IOWA VALUES FUND
    Sec. 15.  There is appropriated from the rebuild Iowa infrastructure fund to the department of economic development for deposit in the grow Iowa values fund, for the fiscal year beginning July 1, 2010, and ending June 30, 2011, the following amount, notwithstanding section 8.57, subsection 6, paragraph “c”:

.................................................. $ 38,000,000
    Sec. 16.  GROW IOWA VALUES FUND APPROPRIATION REDUCTION.  In lieu of the $50,000,000 appropriated for the fiscal year beginning July 1, 2010, and ending June 30, 2011, from the grow Iowa values fund to the department of economic development pursuant to section 15G.111, subsection 3, there is appropriated from the grow Iowa values fund to the department of economic development for the fiscal year beginning July 1, 2010, and ending June 30, 2011, $38,000,000 for the purposes of making expenditures pursuant to chapter 15G.
    Sec. 17.  GROW IOWA VALUES FUND ALLOCATIONS.  In lieu of the amounts allocated pursuant to section 15G.111, subsections 4 through 10, for the fiscal year beginning July 1, 2010, and ending June 30, 2011, of the $38,000,000 appropriated to the department of economic development pursuant to this division of this Act, the department shall allocate the following amounts for the following purposes as described in section 15G.111, subsections 4 through 10:
   1.  For departmental purposes, $21,363,600. 
   2.  For the state board of regents institutions, $3,800,000.
   3.  For state parks, $760,000.
   4.  For deposit in the Iowa cultural trust fund, $760,000.
   5.  For community colleges, $5,320,000.
   6.  For regional financial assistance, $760,000.

   Of the moneys allocated pursuant to this subsection and in lieu of the three hundred fifty thousand dollars transferred under section 15G.111, subsection 9, paragraph “a”, the department shall transfer two hundred sixty-six thousand dollars to Iowa state university of science and technology, for purposes of providing financial assistance to establish small business development centers.

   7.  For commercialization services, $4,389,000.
   8.  For targeted small business, $847,400.
    Sec. 18.  Section 15.247, subsection 3, Code Supplement 2009, is amended to read as follows:
   3.  a.  All moneys designated for the targeted small business financial assistance program shall be credited to the program account. The department shall determine the actuarially sound reserve requirement for the amount of guaranteed loans outstanding.
   b.  Of the moneys credited to the program account, the department may allocate an amount necessary for marketing and compliance and an amount for the provision of the mentoring services required under subsection 7.
    Sec. 19.  Section 15G.110, Code Supplement 2009, is amended to read as follows:
   15G.110  Appropriation.
   1.  For the fiscal period beginning July 1, 2005, and ending June 30, 2008, and for the fiscal period beginning July 1, 2010 2011, and ending June 30, 2015, there is appropriated to the department of economic development each fiscal year fifty million dollars from the general fund of the state for deposit in the grow Iowa values fund.
   2.  For the fiscal period beginning July 1, 2008, and ending June 30, 2010 2011, there is appropriated to the department of economic development each fiscal year fifty million dollars from the rebuild Iowa infrastructure fund for deposit in the grow Iowa values fund, notwithstanding section 8.57, subsection 6, paragraph “c”.
    Sec. 20.  Section 15G.111, subsection 2, paragraph b, Code Supplement 2009, is amended to read as follows:
   b.  Moneys credited to the fund are not subject to section 8.33. Notwithstanding section 12C.7, interest or earnings on moneys in the fund shall be credited to the fund.  Interest or earnings on moneys in the fund are appropriated to the department. Of the moneys appropriated to the department pursuant to this paragraph, the department shall make the following allocations:
   (1)  For each fiscal year of the fiscal period beginning July 1, 2010, and ending June 30, 2013, the department shall allocate not more than one hundred seventy-five thousand dollars for purposes of providing financial assistance to Iowa’s councils of governments.
   (2)  For each fiscal year of the fiscal period beginning July 1, 2010, and ending June 30, 2013, the department shall allocate not more than two hundred thousand dollars for purposes of providing support and administrative assistance to the vision Iowa board, the community attraction and tourism program, and river enhancement community attraction and tourism projects.
   (3)  For each fiscal year of the fiscal period beginning July 1, 2010, and ending June 30, 2013, the department shall allocate the remaining amount of interest or earnings on moneys in the fund for purposes of providing financial assistance under the disaster recovery component of the grow Iowa values financial assistance program. All moneys allocated pursuant to this subparagraph that remain unexpended or unobligated at the end of the fiscal year beginning July 1, 2012, shall revert and be credited to the fund.
    Sec. 21.  Section 15G.111, subsection 4, unnumbered paragraph 1, Code Supplement 2009, is amended to read as follows:
   Of the moneys appropriated to the department pursuant

 to subsection 3, the department shall allocate thirty-two twenty-eight million five hundred thousand dollars each fiscal year as follows:
    Sec. 22.  Section 15G.111, subsection 10, Code Supplement 2009, is amended to read as follows:
   10.  Commercialization Innovation and commercialization 

services.  Of the moneys appropriated to the department pursuant to subsection 3, the department shall allocate three five million five hundred thousand dollars for deposit in the innovation and commercialization development fund created in section 15.412.
    Sec. 23.  Section 15G.111, Code Supplement 2009, is amended by adding the following new subsection:
   NEW SUBSECTION.  11.  Targeted small businesses.  Of the moneys appropriated to the department pursuant to subsection 3, the department shall allocate one million dollars for deposit in the targeted small business financial assistance program account established pursuant to section 15.247 within the strategic investment fund created in section 15.313.

DIVISION VII
ALTERNATIVE PUBLIC PROJECT DELIVERY PROGRAM

PART 1
    Sec. 24.  NEW SECTION.  262.34C  Definitions.

   As used in this division, unless the context clearly indicates otherwise:

   1.  “Alternative project delivery” means procuring and delivering design and construction services for a public project according to one of the selection procedures outlined in parts 2 and 3.
   2.  “Construction documents” means the drawings, specifications, technical submissions, and other documents upon which a construction project is based.
   3.  “Construction management services” means an alternative project delivery method whereby services are provided by a construction manager in a manner similar to a general contractor, and which requires the construction manager to solicit bids for the trade packages or subcontracts developed for the public project and to enter into the trade contracts or subcontracts for the public project. Construction management services may include but are not limited to scheduling, value analysis, system analysis, constructability reviews, progress document reviews, subcontractor involvement, subcontractor bonding policy, budgeting and price guarantees, and construction coordination.
   4.  “Construction manager” means an individual, partnership, joint venture, corporation, or other legal entity that utilizes skill and knowledge of general contracting to perform construction management services and preconstruction services, procures and contracts with specialty contractors or subcontractors, and assumes the responsibility and the risk for construction delivery within a specified cost and schedule.
   5.  “Construction services” means the process of planning, building, equipping, altering, repairing, improving, or demolishing any structure or appurtenance thereto, including facilities, utilities, or other improvements to real property, but excluding highways, roads, bridges, dams, or stand-alone parking lots.
   6.  “Criteria consultant” means an individual employed or retained by the governmental entity to assist in the preparation of a request for qualifications and a request for proposals. If preparation of the design criteria package includes the practice of architecture as defined in section 544A.16, professional architectural services as defined in section 544A.16, the practice of engineering as defined in section 542B.2, or the practice of landscape architecture as defined in section 544B.1, “criteria consultant” means a design professional.
   7.  “Design criteria package” means performance-oriented specifications for the public project sufficient to permit a design-builder to prepare a response to a request for proposals for a design-build public project.
   8.  “Design professional” means an individual who is licensed to practice architecture, engineering, or landscape architecture in this state.
   9.  “Design-build services” means a method of alternative project delivery for which both design and construction services are provided under one contract. “Design-build services” may include architecture, engineering, and related design services required for a given project and the labor, materials, and other construction services for the project.
   10.  “Design-builder” means an individual, partnership, joint venture, corporation, or other legal entity that furnishes design-build services, whether by itself or through subcontracts.
   11.  “Estimated total cost” means the estimated total cost to a governmental entity to construct a public project, including the cost of labor, materials, equipment, supplies, and fees.
   12.  “Faculty research project” means a construction or reconstruction project under the control of a governmental entity that is linked solely to a specific researcher or group of researchers and undertaken for the purpose of conducting research.
   13.  “Governmental entity” means the state board of regents or an institution under the control of the state board of regents.
   14.  “Guaranteed maximum cost” means the total cost of the project as defined in the public project contract between the governmental entity and the construction manager or between the governmental entity and the design-builder.
   15.  “Job order contract” means a contract for construction services delivered on an on-call basis through fixed-price orders based on preestablished unit prices.
   16.  “Preconstruction services” means a series of services including but not limited to review of design, scheduling, estimating, cost control, value engineering, constructability evaluation, and preparation and coordination of bid packages.
   17.  “Public project” means a project under the control of a governmental entity that is paid for in whole or in part with funds of the governmental entity, including a building or improvement constructed or operated jointly with any other public or private agency that has an estimated total cost of more than one hundred thousand dollars. “Public project” may include planning, acquiring, designing, building, equipping, altering, repairing, improving, or demolishing any structure or appurtenance thereto, including facilities or other improvements to any real property owned by the governmental entity, but excluding highways, roads, bridges, dams, utilities, or stand-alone parking lots. However, a parking lot included as part of the site work of a public project may be included as part of a construction management services contract or a design-build services contract. Parking ramps and parking garages are not considered to be parking lots and may be a “public project” constructed utilizing alternative project delivery methods.
   18.  “Selection plan” means a governmental entity’s written procedure that establishes the alternative project delivery method for a public project and establishes the criteria for evaluating qualifications and proposals, including the scoring methodology relating to the selection of a construction manager or a design-builder for a public project.
    Sec. 25.  NEW SECTION.  262.34D  Alternative project delivery commission.
   1.  An alternative project delivery commission is established consisting of seven members. 
   2.  Members of the commission shall consist of all of the following:
   a.  One member appointed by the state board of regents.
   b.  One member appointed by the Iowa chapter of the American institute of architects.
   c.  One member appointed by the American council of engineering companies of Iowa.
   d.  One member appointed by the Iowa chapter of the design-build institute of America.
   e.  One member appointed by the master builders of Iowa.
   f.  One member appointed by the mechanical contractors association of Iowa.
   g.  One member appointed by the Iowa chapter of the national electrical contractors association.
   3.  Members of the commission shall serve three-year staggered terms. The initial members appointed under subsection 2, paragraphs “a” and “e” shall serve a term of three years. The initial members appointed under subsection 2, paragraphs “b”, “f”, and “g” shall serve a term of two years. The initial members appointed under subsection 2, paragraphs “c” and “d” shall serve a term of one year. A vacancy on the commission shall be filled in the same manner as the original appointment.
   4.  The member appointed by the state board of regents shall serve as the chairperson of the commission.
   5.  Meetings of the commission may be called by the chairperson or by a majority of the members.
   6.  A majority of the members of the commission constitutes a quorum. Any action taken by the commission must be adopted by the affirmative vote of a majority of its membership.
   7.  A member shall not vote on a matter before the commission if the individual has a pecuniary or an equitable interest in the matter or conditions exist that would interfere with the member’s ability to properly discharge the member’s duties.
   8.  The duties of the commission shall include all of the following:
   a.  Administer the alternative project delivery program created under section 262.34E.
   b.  Prepare and file with the governor and the general assembly on or before January 15, 2014, a report detailing the activities of the commission and summarizing each public project approved to utilize alternative project delivery. The report shall include information relating to the cost to the governmental entity, the duration of the public project, whether the goals of the public project were met, the quality of the work and services performed in completing the public project, the transparency of the alternative project delivery process, the impact of the alternative project delivery process on the persons contracted with to perform the work and services for the public project, whether the alternative project delivery process benefits the public interest, and any other information the commission deems relevant. 
   c.  Adopt policies and procedures to carry out any duty specified in this division.
    Sec. 26.  NEW SECTION.  262.34E  Alternative project delivery program.
   1.  The alternative project delivery commission shall administer an alternative project delivery program consistent with the requirements of this division.
   2.  The program shall consist of projects approved by the commission and undertaken by governmental entities using an alternative project delivery method authorized under parts 2 and 3.
   3.  A governmental entity that is interested in undertaking a public project using alternative project delivery methods shall submit an application to the commission detailing the nature of the project and specifying an alternative project delivery method. Each application shall be on a form prescribed by the commission and may include additional materials requested by the commission.
   4.  The commission shall review each application and shall select those public projects for inclusion in the program which are best suited to accomplish the purposes of the program.
   5.  The commission shall monitor the selection process for each public project selected for inclusion in the program and may require the governmental entity to provide periodic updates on the public project following selection of a construction manager or design-builder for the public project.
    Sec. 27.  NEW SECTION.  262.34F  Alternative project delivery program selection factors.

   The alternative project delivery commission may recommend to the governmental entity the use of an alternative project delivery method for projects where the commission has determined such a method to be appropriate. In making such a determination, the committee shall consider the following factors:

   1.  Whether the estimated total cost of the public project exceeds five million dollars.
   2.  The likelihood that the alternative project delivery method selected will serve the public interest by providing a substantial savings of time or money as compared to the process under section 262.34.
   3.  Whether the overlap of design and construction aspects of the public project is required to meet the needs of the governmental entity or the needs of the users of the public project.
   4.  Whether the public project requires the use of an accelerated design and construction schedule as the result of an emergency situation.
   5.  Whether the public project presents significant planning or technical complexities, or both, requiring the use of an integrated team of designers and constructors.
   6.  Whether the use of an alternative project delivery method will substantially diminish competition for the public project.
   7.  Whether the public project is a faculty research project.
    Sec. 28.  NEW SECTION.  262.34G  Public notice. 

   For each alternative project delivery method under this division, a governmental entity shall publish public notices as follows:

   1.  The notice shall be published at least once, not less than fifteen and not more than forty-five days before the date for filing submissions, if applicable, in a newspaper published at least once weekly and having general circulation in the geographic area served by the governmental entity and in a relevant trade publication.
   2.  The notice may also be published in a relevant contractor organization publication and a relevant contractor plan room service with statewide circulation, provided that a notice is posted on an internet site sponsored by the governmental entity.
   3.  In addition to relevant information regarding the public project, the notice shall specify the alternative project delivery method to be used for the public project.
    Sec. 29.  NEW SECTION.  262.34H  Public records.

   Each proposal received by a governmental entity under this division, together with the name of the proposer, after awarding or letting of the contract, is subject to public inspection upon request. The governmental entity shall, within five days after awarding or letting of the contract, publish notice of the name of the successful proposer including the proposer’s scores received pursuant to the selection process under parts 2 or 3. In addition, such notice shall include the names of all proposers whose proposals were not selected, together with each proposer’s scores.
    Sec. 30.  NEW SECTION.  262.34I  Prohibitions.
   1.  The construction manager or design-builder executing the construction or design of a public project utilizing an alternative project delivery method under this division shall not provide any financing, funding, or facility operations after completion of the public project.
   2.  A governmental entity shall not undertake all or a portion of a public project using services or labor provided under a job order contract.

PART 2

CONSTRUCTION MANAGEMENT PROJECT DELIVERY
    Sec. 31.  NEW SECTION.  262.34J  Application to the commission.

   1.  If in the judgment of the board of regents it is desirable to use construction management services for the completion of a public project, the governmental entity shall prepare a selection plan and submit an application to the alternative project delivery commission pursuant to section 262.34E, subsection 3. If the public project is selected by the alternative project delivery commission for inclusion in the program, the governmental entity shall select a construction manager in accordance with the procedures of this part.
   2.  A criteria consultant shall be employed or retained to assist the governmental entity in preparing a request for qualifications and a request for proposals. The criteria consultant may be an employee of the governmental entity, the design professional employed or retained under subsection 3, or an individual retained specifically to assist the governmental entity with the public project. The request for qualifications and the request for proposals shall specify the selection criteria and scoring methodology included in the selection plan. The criteria consultant shall also assist the governmental entity in selecting a construction manager. A criteria consultant employed or retained by the governmental entity shall not submit a statement of qualifications or a proposal for the public project.
   3.  The governmental entity shall employ a design professional to design the public project, prepare the construction documents for the public project, and provide administrative services in connection with the design of the public project. 
    Sec. 32.  NEW SECTION.  262.34K  Selection process —— general procedure.

   The governmental entity shall select a construction manager for a public project pursuant to a two-phase selection process.

   1.  Phase I of the selection process includes publication of a request for qualifications by the governmental entity, review of the statements of qualifications, and the selection of a minimum of two but not more than five construction managers to advance to phase II.
   2.  Phase II includes a request for proposals, the receipt of proposals from those construction managers selected during phase I, an interview with each construction manager that submits a proposal, evaluation of each proposal, and selection of a construction manager for the public project.
    Sec. 33.  NEW SECTION.  262.34L  Phase I —— request for qualifications, statement, evaluation, and selection.
   1.  During phase I, the governmental entity shall publish notice of a request for qualifications pursuant to the requirements of section 262.34G. The request for qualifications shall specify a time, place, terms of contract, and other specific instructions for the submission of the statements of qualifications. The request for qualifications shall also include a general description of the public project, an estimated total cost of the public project and the anticipated public project schedule. A statement of qualifications not submitted according to the instructions shall be rejected and returned to the construction manager.
   2.  Each construction manager shall submit a statement of qualifications that includes but is not limited to the following information:
   a.  Similar project experience, including experience in the construction management method of alternative project delivery.
   b.  Qualifications of proposed project personnel. 
   c.  References from similar projects.
   d.  The construction manager’s experience modification rating and a description of the construction manager’s safety plan.
   e.  Bonding capacity and insurance.  Construction managers submitting a statement of qualifications shall be capable of providing a bond according to the requirements of chapter 573 and shall include evidence of such bonding capacity with their statement of qualifications. A statement of qualifications shall also include evidence of all required insurance. If a construction manager fails to include evidence of bonding capacity and required insurance, the construction manager shall be deemed unqualified for selection under phase I.
   f.  Other information requested by the governmental entity in accordance with the selection plan.
   3.  The governmental entity shall evaluate and score each statement of qualifications received according to the predetermined selection criteria and scoring methodology as outlined in the selection plan and specified in the request for qualifications. The cost or fees associated with a public project shall not be considered by the governmental entity when evaluating a statement of qualifications.
   4.  The governmental entity shall select a minimum of two and a maximum of five construction managers, who have the highest scores to proceed to phase II of the selection process. Scores assigned in the phase I evaluation process shall not carry forward to phase II. If two qualified construction managers cannot be identified, the selection process shall cease. The governmental entity shall have discretion to disqualify any construction manager that lacks the minimum qualifications required to perform the construction management services for the public project.
    Sec. 34.  NEW SECTION.  262.34M  Phase II —— request for proposals, proposal review, selection, and negotiation.
   1.  During phase II, each construction manager selected during phase I shall be given a request for proposals. The request for proposals shall include but is not limited to the following information:
   a.  The procedures to be followed in submitting proposals and information relating to construction manager interviews under subsection 2.
   b.  The selection criteria and scoring methodology for the proposals.
   c.  Information related to the requirements, budget, and schedule for the public project, including information on available design requirements and specifications for preconstruction services, and construction services.
   d.  The proposed terms and conditions for the public project contract.
   e.  Other information requested by the governmental entity in accordance with the selection plan.
   2.  After the deadline for submission of proposals has passed, the governmental entity shall interview each construction manager that has submitted a proposal individually, allowing each construction manager to present the construction manager’s proposed team members, qualifications, and proposal, and to answer questions from the governmental entity.
   3.  The governmental entity shall score and rank each construction manager’s proposal based on the selection criteria and scoring methodology specified in the request for proposals. The governmental entity shall proceed to negotiate with and attempt to enter into a preconstruction contract with the construction manager receiving the highest score to serve as the construction manager for the public project. If the governmental entity is unable to negotiate a satisfactory contract with the construction manager with the highest score, negotiations with that construction manager shall be terminated and the governmental entity shall undertake negotiations with the construction manager receiving the second highest score. If negotiations cannot be successfully completed with the construction manager receiving the second highest score, the contract for the public project shall not be awarded under the request for proposals.
   4.  If the governmental entity determines that it is not in its best interest to proceed with the public project pursuant to the proposals offered, the governmental entity shall reject all proposals. If all proposals are rejected, the governmental entity may solicit new statements of qualifications and proposals using different design or budget criteria.
    Sec. 35.  NEW SECTION.  262.34N  Contract —— performance of certain services.
   1.  The contract to perform construction management services for a public project shall be prepared by the governmental entity and entered into between the governmental entity and the construction manager. The construction manager shall enter into a contract with each subcontractor performing construction services for the project. The construction manager shall provide security pursuant to chapter 573.
   2.  Solicitation for subcontractor bids shall be conducted by the construction manager, or the construction manager’s designee, for all subcontracts and shall be awarded through a process determined by the construction manager.

PART 3

DESIGN-BUILD PROJECT DELIVERY
    Sec. 36.  NEW SECTION.  262.34O  Application to the commission.
   1.  If in the judgment of the board of regents it is desirable to use design-build services for the completion of a public project, the governmental entity shall prepare a selection plan and submit an application to the alternative project delivery commission pursuant to section 262.34E, subsection 3. If the public project is selected by the alternative project delivery commission for inclusion in the program, the governmental entity shall select a design-builder in accordance with the procedures of this part.
   2.  A criteria consultant shall be employed or retained to assist the governmental entity in preparing a request for qualifications and a request for proposals. The criteria consultant may be an employee of the governmental entity or an individual retained specifically to assist the governmental entity with the public project. The request for qualifications and the request for proposals shall specify the selection criteria and scoring methodology included in the selection plan. The criteria consultant shall also assist the governmental entity in selecting a design-builder. A criteria consultant employed or retained by the governmental entity shall not submit a statement of qualifications or a proposal for the public project.
    Sec. 37.  NEW SECTION.  262.34P  Selection process —— general procedure.

   The governmental entity shall select a design-builder for a public project pursuant to a two-phase selection process.

   1.  Phase I of the selection process includes publication of a request for qualifications by the governmental entity, review of the statements of qualifications, and the selection of a minimum of two but not more than five design-builders to advance to phase II.
   2.  Phase II includes a request for proposals, the receipt of proposals from those design-builders selected during phase I, including a separate cost and schedule proposal, an interview with each design-builder that submits a proposal, evaluation of each proposal, and selection of a design-builder for the public project.
    Sec. 38.  NEW SECTION.  262.34Q  Phase I —— request for qualifications, statement, evaluation, and selection.
   1.  During phase I, the governmental entity shall publish notice of a request for qualifications pursuant to the requirements of section 262.34G. The request for qualifications shall specify a time, place, terms of contract, and other specific instructions for the submission of the statements of qualifications. The request for qualifications shall also include a general description of the public project, an estimated total cost of the public project and the anticipated public project schedule. A statement of qualifications not submitted according to the instructions shall be rejected and returned to the design-builder.
   2.  Each design-builder shall submit a statement of qualifications that includes but is not limited to the following information:
   a.  Similar project experience, including experience in the design-build method of alternative project delivery.
   b.  Qualifications of proposed project personnel.
   c.  References from similar projects.
   d.  The design-builder’s experience modification rating and a description of the design-builder’s safety plan.
   e.  Bonding capacity and insurance.  Design-builders submitting a statement of qualifications shall be capable of providing a bond according to the requirements of chapter 573 and shall include evidence of such bonding capacity with their statement of qualifications. A statement of qualifications shall also include evidence of all required insurance. If a design-builder fails to include evidence of bonding capacity and required insurance, the design-builder shall be deemed unqualified for selection under phase I.
   f.  Other information requested by the governmental entity in accordance with the selection plan.
   3.  The governmental entity shall evaluate and score each statement of qualifications received according to the predetermined selection criteria and scoring methodology that were specified in the request for qualifications. The cost or fees associated with a public project shall not be considered by the governmental entity when evaluating a statement of qualifications.
   4.  The governmental entity shall select a minimum of two and a maximum of five design-builders who have the highest scores to proceed to phase II. Scores assigned during phase I shall not carry forward to phase II. The governmental entity shall have discretion to disqualify any design-builder that lacks the minimum qualifications required to perform the design-build services for the public project. If two qualified design-builders cannot be identified, the selection process shall cease. If all design-builders are rejected, the governmental entity may solicit new proposals using different design and budget criteria.
    Sec. 39.  NEW SECTION.  262.34R  Phase II —— request for proposals, proposal review, selection, and negotiation.
   1.  During phase II, each design-builder selected during phase I shall be given a request for proposals. The request for proposals shall include but is not limited to the following information:
   a.  The procedures to be followed in submitting proposals and information relating to design-builder interviews under subsection 2.
   b.  The selection criteria and scoring methodology for the proposals.
   c.  Information related to the requirements, scope, specifications, budget, and schedule for the public project, including requirements and scope of preconstruction services and construction services. 
   d.  A requirement for a statement that the design-builder will exercise responsible control over the design, protect the health, safety, and welfare of the public, and act in the governmental entity’s best interest.
   e.  The proposed terms and conditions for the public project contract.
   f.  The requirements for the submission of a separate cost and schedule proposal.
   g.  Other information requested by the governmental entity in accordance with the selection plan.
   2.  Each design-builder selected during phase I may submit a proposal to the governmental entity. Each proposal submitted under this section shall not contain references to costs associated with work contained in the proposal. The governmental entity shall evaluate and score each proposal according to the selection criteria and scoring methodology specified in the request for proposals.
   3.  Each design-builder selected during phase I shall also provide the governmental entity with a separate cost and schedule proposal. A proposal submitted under subsection 2 and the cost and schedule proposal may be submitted sequentially or concurrently, according to the requirements of the request for proposals. Failure to submit a cost and schedule proposal according to the delivery requirements of the request for proposals shall be grounds to reject the proposal.
   4.  The cost and schedule proposal shall include all of the following:
   a.  A guaranteed maximum cost for the public project.
   b.  A bid security pursuant to chapter 573.
   c.  A proposed contract time, in calendar days, for completing the public project.
   d.  Any other information required by the request for proposals.
   5.  After the deadline for submission of proposals has passed, the governmental entity shall interview each design-builder that has submitted a proposal individually, allowing each design-builder to present the design-builder’s proposed team members, qualifications, and proposal, and to answer questions from the governmental entity.
   6.  The cost and schedule proposals submitted under subsection 3 shall be opened only after all proposals submitted under subsection 2 have been evaluated and scored and after completion of all design-builder interviews under subsection 5. At the time that the cost and schedule proposals are opened, the governmental entity shall make public its scoring of the proposals submitted under subsection 2. Cost and schedule proposals shall be evaluated and scored according to selection criteria and scoring methodology specified in the request for proposals.
   7.  The governmental entity shall select the design-builder receiving the highest score based on the selection criteria and scoring methodology specified in the request for proposals. The governmental entity shall proceed to negotiate with and attempt to enter into a contract with the selected design-builder to serve as the design-builder for the public project. The contract must include all applicable bond requirements under chapter 573. If the governmental entity is unable to negotiate a satisfactory contract with the selected design-builder, negotiations with that design-builder shall be terminated, and the governmental entity shall undertake negotiations with the design-builder receiving the second highest score. If negotiations cannot be successfully completed with the design-builder receiving the second highest score, the contract shall not be awarded under the request for proposals.
   8.  If the governmental entity determines that it is not in its best interest to proceed with the public project pursuant to the proposals offered, the governmental entity shall reject all proposals. If all proposals are rejected, the governmental entity may solicit new statements of qualifications and proposals using different design or budget criteria.
   9.  As an inducement to qualified design-builders, the governmental entity shall pay a fair and reasonable stipend, the amount of which shall be established in the request for proposals, to each design-builder who participates in phase II, but is not selected as the design-builder for the public project.

DIVISION VIII
FLOODPLAIN MAPPING
    Sec. 40.  FLOODPLAIN MAPPING.  Using funds allocated to the department of natural resources for floodplain mapping from the appropriation made to the department of economic development in 2009 Iowa Acts, chapter 183, section 67, of federal community development block grant funds awarded to the state under the federal Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009, Pub. L. No. 110-329, the department of economic development shall enter an agreement in an amount of not less than $10,000,000 with the state university of Iowa for the development of new floodplain maps by June 30, 2014, by the Iowa flood center established pursuant to section 466C.1. The department of economic development shall structure the contract to be consistent with any plan for use of the funds approved by any federal agency, or, if necessary, follow any procedures necessary for approval of this contract.
    Sec. 41.  EFFECTIVE UPON ENACTMENT.  This division of this Act, being deemed of immediate importance, takes effect upon enactment.

DIVISION IX
DEPARTMENT OF ADMINISTRATIVE SERVICES —— OFFICE SPACE
    Sec. 42.  DEPARTMENT OF ADMINISTRATIVE SERVICES —— OFFICE SPACE REQUEST FOR PROPOSALS.
   1.  The department of administrative services shall issue a request for proposals concerning the availability and cost of office space for state employees in downtown Des Moines and in other areas in close proximity to the state capitol complex. The department shall consider the advantages of locating state employees and their functions near the state capitol complex.
   2.  In issuing the request for proposals, the department shall examine current leases for office space within the greater Des Moines area, determine the current length and duration of those leases, and consider the number of state employees impacted by those leases.
   3.  The request for proposals shall ensure that any office space selected shall meet all of the following criteria: 
   a.  The office space is located in a class A building.
   b.  The building which includes the office space has skywalk access.
   c.  The building which includes the office space is located within reasonable proximity to the free shuttle service route that includes transportation between the capitol complex and the downtown Des Moines area.
   d.  The entity leasing office space provides adequate parking to employees utilizing the office space which is within reasonable proximity to the office space.
   e.  The office space is energy efficient.
   f.  The office space provides adequate space and resources needed for the employees intending to occupy the office space.
   4.  The department of administrative services shall issue the request for proposals by December 1, 2010, and shall submit a written report to the general assembly concerning the request for proposals by January 14, 2011.
    Sec. 43.  DEPARTMENT OF ADMINISTRATIVE SERVICES —— OFFICE SPACE —— COST-BENEFIT ANALYSIS.
   1.  The department of administrative services shall conduct a cost-benefit analysis of utilizing existing class A office space for state employees in downtown Des Moines and other areas in close proximity to the state capitol complex in lieu of replacing or renovating the Wallace Building and prior to leasing any space in the mercy capitol hospital building. The cost-benefit analysis shall include consideration of any cost to the applicable local jurisdiction arising from the state’s utilization of existing office space.
   2.  The department of administrative services shall submit a written report to the general assembly on the cost-benefit analysis by January 14, 2011.

DIVISION X
CHANGES TO PRIOR APPROPRIATIONS
    Sec. 44.  2006 Iowa Acts, chapter 1179, section 4, subsection 1, is amended to read as follows:
   1.  a.  Notwithstanding Except as provided in paragraph “b”, notwithstanding section 8.33, moneys appropriated for the fiscal year beginning July 1, 2006, in this division of this Act that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for the purposes designated until the close of the fiscal year that begins July 1, 2009, or until the project for which the appropriation was made is completed, whichever is earlier.
   b.  Notwithstanding section 8.33, moneys appropriated for the fiscal year beginning July 1, 2006, in section 1, subsection 1, and section 1, subsection 11, paragraph “b” of this division of this Act that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for the purposes designated until the close of the fiscal year that begins July 1, 2010, or until the project for which the appropriation was made is completed, whichever is earlier.
    Sec. 45.  2006 Iowa Acts, chapter 1179, section 18, is amended to read as follows:
   SEC. 18.  REVERSION.
   1.  Except as provided in subsections 2, and 3, and 4, notwithstanding section 8.33, moneys appropriated from the endowment for Iowa’s health restricted capitals fund for the fiscal years that begin July 1, 2005, and July 1, 2006, in this division of this Act that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for the purposes designated until the close of the fiscal year that begins July 1, 2009, or until the project for which the appropriation was made is completed, whichever is earlier.
   2.  Notwithstanding section 8.33, moneys appropriated from the endowment for Iowa’s health restricted capitals fund for the fiscal year that begins July 1, 2006, and ends June 30, 2007, in this division of this Act to the department of veterans affairs for capital improvement projects at the Iowa veterans home that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the fiscal year that begins July 1, 2010.
   3.  Notwithstanding section 8.33, moneys appropriated from the endowment for Iowa’s health restricted capitals fund for the fiscal year beginning July 1, 2006, and ending June 30, 2007, in this division of this Act to the department of education for major renovation and major repair needs at the community colleges that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the fiscal year beginning July 1, 2010, or until the project for which appropriated is completed, whichever is earlier.
   4.  Notwithstanding section 8.33, moneys appropriated from the endowment for Iowa’s health restricted capitals fund for the fiscal year that begins July 1, 2006, and ends June 30, 2007, in this division of this Act to the department of administrative services for upgrades to the Woodward state resource center wastewater treatment system that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the fiscal year that begins July 1, 2011, or until the project for which the appropriation is made is completed, whichever is earlier. 
    Sec. 46.  2007 Iowa Acts, chapter 219, section 7, subsection 1, as amended by 2009 Iowa Acts, chapter 170, section 20, and 2009 Iowa Acts, chapter 184, section 17, is amended to read as follows:
   1.  For costs associated with the construction and establishment of the Iowa institute for biomedical discovery at the state university of Iowa:

FY 2008-2009.................................................. $          0

FY 2009-2010.................................................. $          0

FY 2010-2011.................................................. $ 10,000,000

______________________________________________________________0
    Sec. 47.  2007 Iowa Acts, chapter 219, section 15, is amended to read as follows:
   SEC. 15.  REVERSION.
   1.  Notwithstanding Except as provided in subsection 2, notwithstanding section 8.33, moneys appropriated for the fiscal year beginning July 1, 2007, in this division of this Act that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for the purposes designated until the close of the fiscal year beginning July 1, 2009, or until the project for which the appropriation was made is completed, whichever is earlier.
   2.  Notwithstanding section 8.33, moneys appropriated for the fiscal year beginning July 1, 2007, in section 14, subsections 4 and 7 of this division of this Act that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for the purposes designated until the close of the fiscal year beginning July 1, 2011, or until the project for which the appropriation was made is completed, whichever is earlier.
    Sec. 48.  2008 Iowa Acts, chapter 1179, section 1, subsection 1, paragraph l, as enacted by 2009 Iowa Acts, chapter 184, section 21, is amended to read as follows:
   l.  For heating, ventilating, and air conditioning improvements building security and firewall protection in the Hoover state office building:

.................................................. $    165,000
    Sec. 49.  2008 Iowa Acts, chapter 1179, section 1, subsection 4, paragraph b, as amended by 2009 Iowa Acts, chapter 81, section 1, is amended to read as follows:
   b.  For historical site preservation grants to be used for the restoration, preservation, and development of historic sites:

.................................................. $ 1,000,000

   In making grants pursuant to this lettered paragraph, the department shall consider the existence and amount of other funds available to an applicant for the designated project. A grant awarded from moneys appropriated in this lettered paragraph shall not exceed $100,000 per project. Not more than $200,000 may be awarded in the same county in the same round of grant reviews.

   Of the amount appropriated in this lettered paragraph, $20,000 shall be used for the administration and support of historic sites including the hiring and employment of seasonal workers, notwithstanding section 8.57, subsection 6, paragraph “c”.
    Sec. 50.  2008 Iowa Acts, chapter 1179, section 7, as amended by 2009 Iowa Acts, chapter 173, section 21, is amended to read as follows:
   SEC. 7.  DEPARTMENT OF ECONOMIC DEVELOPMENT.  There is appropriated from the rebuild Iowa infrastructure fund to the department of economic development for the designated fiscal years the following amounts, or so much thereof as is necessary, to be used for the purposes designated: 

   For deposit into the river enhancement community attraction and tourism fund created in 2008 Iowa Acts, Senate File 2430, if enacted: 

   FY 2009-2010 .................................................. $          0

   FY 2010-2011 .................................................. $  10,000,000 

0

   FY 2011-2012 .................................................. $ 10,000,000

   FY 2012-2013 .................................................. $ 10,000,000

   Notwithstanding section 8.33, moneys appropriated in this section for the fiscal year beginning July 1, 2010, and ending June 30, 2011, shall not revert at the close of the fiscal year for which they are appropriated but shall remain available for the purpose designated until the close of the fiscal year that begins July 1, 2013, or until the project for which the appropriation was made is completed, whichever is earlier. 

   Notwithstanding section 8.33, moneys appropriated in this section for the fiscal year beginning July 1, 2011, and ending June 30, 2012, shall not revert at the close of the fiscal year for which they are appropriated but shall remain available for the purpose designated until the close of the fiscal year that begins July 1, 2014, or until the project for which the appropriation was made is completed, whichever is earlier. 

   Notwithstanding section 8.33, moneys appropriated in this section for the fiscal year beginning July 1, 2012, and ending June 30, 2013, shall not revert at the close of the fiscal year for which they are appropriated but shall remain available for the purpose designated until the close of the fiscal year that begins July 1, 2015, or until the project for which the appropriation was made is completed, whichever is earlier. 
    Sec. 51.  2008 Iowa Acts, chapter 1179, section 15, subsection 4, paragraph b, as amended by 2009 Iowa Acts, chapter 184, section 25, is amended to read as follows:
   b.  To the public broadcasting division for the purchase and installation of generators at transmitter sites:

.................................................. $ 1,602,437

   Of the amount appropriated in this lettered paragraph, up to $210,477 may be used for operational costs of the division for FY 2008-2009, and up to $1,000,000 may be used for operational costs of the division for FY 2009-2010, and up to $378,637 may be used for operational costs of the division for FY 2010-2011, notwithstanding section 8.57C, subsection 2.
    Sec. 52.  2008 Iowa Acts, chapter 1179, section 15, subsection 4, paragraph c, is amended to read as follows:
   c.  To the public broadcasting division for the replacement and digital conversion of the Keosauqua translator:

.................................................. $ 701,500

   Of the amount appropriated in this lettered paragraph, up to $25,378 may be used for operational costs of the division for FY 2010-2011, notwithstanding section 8.57C, subsection 2.
    Sec. 53.  2008 Iowa Acts, chapter 1179, section 18, subsection 3, as amended by 2009 Iowa Acts, chapter 173, section 24, is amended to read as follows:
   3.  DEPARTMENT OF CORRECTIONS
   a.  For expansion of the community-based corrections facility at Sioux City:

.................................................. $  5,300,000

   b.  For expansion of the community-based corrections facility at Ottumwa: 

.................................................. $  4,100,000

   c.  For expansion of the community-based corrections facility at Waterloo: 

.................................................. $  6,000,000

   d.  For expansion of the community-based corrections facility at Davenport:

.................................................. $  2,100,000

   e.  For expansion, including land acquisition, of the community-based corrections facility at Des Moines:

.................................................. $ 13,100,000

______________________________________________________________0

   The appropriation in this lettered paragraph is contingent upon relocation of the sex offender treatment program from the community-based corrections facility at Des Moines to the property in northeast Des Moines identified by the fifth judicial district in the facility and site study final report submitted December 12, 2008. 

   It is the intent of the general assembly that the funds appropriated in paragraphs “a” through “e” be used to expand the number of beds available through new construction and remodeling and for the expansion of existing facilities.

   f.  For expansion of the Iowa correctional facility for women at Mitchellville including costs related to project management including the hiring and employment of a construction manager and a correctional specialist: 

.................................................. $ 47,500,000

   g.  For the remodeling of kitchens at the correctional facilities at Mount Pleasant and Rockwell City: 

.................................................. $ 12,500,000
    Sec. 54.  2008 Iowa Acts, chapter 1179, section 22, is amended to read as follows:
   SEC. 22.  There is appropriated from the FY 2009 prison bonding fund created pursuant to section 12.79, as enacted in this Act, to the department of corrections for the fiscal year beginning July 1, 2008, and ending June 30, 2009, the following amount, or so much thereof as is necessary, to be used for the purpose designated:

   For costs associated with the building of a new Iowa State Penitentiary at Fort Madison including costs related to project management including the hiring and employment of a construction manager and a correctional specialist:

.................................................. $130,677,500

   The appropriation made in this section constitutes approval by the general assembly for the issuance of bonds by the treasurer pursuant to section 12.80, as enacted in this Act.
    Sec. 55.  2009 Iowa Acts, chapter 173, section 13, subsection 1, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  e.  Of the moneys appropriated in this subsection, the department may award moneys for the establishment of drainage district pilot projects. Each drainage district pilot project shall be presented to the state soil conservation committee and the watershed improvement review board to ensure the project design, project goals, baseline data collection, project data collection standards, and data evaluation standards are appropriate for, and advance, the soil and water conservation goals of the state. Annual progress reports on each pilot project shall be presented to the state soil conservation committee and the watershed improvement review board to ensure the projects continue to advance the soil and water conservation goals of the state. All construction plans, monitoring plans, project data, and project data analysis shall be available for public review and study. Experts from the United States geological survey, the national laboratory for agriculture and the environment at Iowa state university, and other appropriate state and federal agencies may be consulted on any aspect of the program.
    Sec. 56.  2009 Iowa Acts, chapter 173, section 13, subsection 2, is amended to read as follows:
   2.  DEPARTMENT OF NATURAL RESOURCES

   For watershed rebuilding and water quality projects:

.................................................. $ 13,500,000

   Of the moneys appropriated in this subsection, the department may provide moneys to construct, reconstruct, or repair infrastructure associated with the control and movement of surface water, including but not limited to addressing issues affected by combined sewer overflows, enrolling larger contiguous areas in emergency watershed programs, improving facilities or systems that provide water quality, mitigating flood damage or the threat of flood damage in the areas most severely affected by the 2008 flood, and improving or replacing low-head dams. Any award of moneys made under this subsection shall be in the form of a grant. Any grant awards for practices on private property shall be for the public purposes of flood control, watershed management, or improving water quality.
    Sec. 57.  2009 Iowa Acts, chapter 173, section 13, subsection 4, paragraphs b, c, and d, are amended to read as follows:
   b.  For deposit into the public service shelter grant fund created in section 16.185 for grants for the construction, renovation, and improvements to homeless shelters, emergency shelters, and family and domestic violence shelters: 

.................................................. $ 10,000,000

   c.  For deposit into the disaster damage housing assistance grant fund created in section 16.186 for grants to ease and speed recovery efforts from the natural disasters of 2008, including stabilizing neighborhoods damaged by the natural disasters, preventing population loss and neighborhood deterioration, and improving the health, safety, and welfare of persons living in such disaster-damaged neighborhoods: 

.................................................. $  5,000,000

   d.  For deposit into the affordable housing assistance grant fund created in section 16.187 for grants for housing for certain elderly, disabled, and low-income persons and public servants in critical skills shortage areas of the state: 

.................................................. $ 20,000,000
    Sec. 58.  2009 Iowa Acts, chapter 173, section 13, subsection 5, unnumbered paragraph 1, as amended by 2009 Iowa Acts, chapter 183, section 71, is amended to read as follows:

   For broadband technology grants for the deployment and sustainability of high-speed broadband access:

.................................................. $ 25,000,000

______________________________________________________________0
    Sec. 59.  2009 Iowa Acts, chapter 173, section 13, subsection 6, is amended to read as follows:
   6.  DEPARTMENT OF TRANSPORTATION
   For deposit into the bridge safety fund created in section 313.68 to be used for infrastructure projects relating to functionally obsolete and structurally deficient bridges: 

.................................................. $ 50,000,000

_____________________________________________________40,000,000
    Sec. 60.  2009 Iowa Acts, chapter 173, section 13, is amended by adding the following new subsection:
   NEW SUBSECTION.  7.  DEPARTMENT OF ECONOMIC DEVELOPMENT

   For the main street Iowa program to be used as grants for projects that have previously applied for funding consideration, or have received partial funding for facade master plans to rehabilitate storefronts in main street Iowa districts, to complete streetscape projects where planning and the majority of funding is already secured, for unfunded main street challenge grant projects, and for other building rehabilitation projects that are currently on the department’s highest priority list:

.................................................. $  5,550,000

   Moneys appropriated in this subsection shall not be used for administration or planning purposes.
    Sec. 61.  2009 Iowa Acts, chapter 174, section 6, is repealed.
    Sec. 62.  2009 Iowa Acts, chapter 184, section 1, subsection 3, paragraph d, is amended to read as follows:
   d.  For historical site preservation grants to be used for the restoration, preservation, and development of historic sites:

.................................................. $ 1,000,000

   In making grants pursuant to this lettered paragraph, the department shall consider the existence and amount of other funds available to an applicant for the designated project. A grant awarded from moneys appropriated in this lettered paragraph shall not exceed $100,000 per project. Not more than $200,000 may be awarded in the same county in the same round of grant reviews.

   Of the amount appropriated in this lettered paragraph, $20,000 shall be used for the administration and support of historic sites including the hiring and employment of seasonal workers, notwithstanding section 8.57, subsection 6, paragraph “c”.
    Sec. 63.  2009 Iowa Acts, chapter 184, section 1, subsection 12, paragraph a, is amended to read as follows:
   12.  DEPARTMENT OF TRANSPORTATION
   a.  To provide funds for capital improvements and for related studies for expanding passenger rail services in Iowa For deposit in the passenger rail service revolving fund created in section 327J.2, notwithstanding section 8.57, subsection 6, paragraph “c”: 

.................................................. $  3,000,000
    Sec. 64.  2009 Iowa Acts, chapter 184, section 2, subsections 1, 2, 4, and 5, are amended by striking the subsections.
    Sec. 65.  2009 Iowa Acts, chapter 184, section 2, subsection 6, paragraph a, is amended to read as follows:
   a.  For deposit into the railroad revolving loan and grant fund created in section 327H.20A, notwithstanding section 8.57, subsection 6, paragraph “c”:

.................................................. $ 2,000,000

   Of the amount appropriated in this lettered paragraph, $2,000,000 shall be allocated to a city with a population between 98,300 and 98,400 in the last preceding certified federal census, for a rail trans-load facility if a federal match of funds is received.
    Sec. 66.  EFFECTIVE UPON ENACTMENT.  This division, being deemed of immediate importance, takes effect upon enactment.

DIVISION XI
MISCELLANEOUS CODE CHANGES
    Sec. 67.  Section 8.57, subsection 6, paragraph e, Code Supplement 2009, is amended to read as follows:
   e.  (1)  (a)  (i)  Notwithstanding provisions to the contrary in sections 99D.17 and 99F.11, for the fiscal year beginning July 1, 2000, and for each fiscal year thereafter, not more than a total of sixty-six million dollars shall be deposited in the general fund of the state in any fiscal year pursuant to sections 99D.17 and 99F.11.
   (ii)  However, in lieu of the deposit in subparagraph subdivision (i), for the fiscal year beginning July 1, 2010, and for each fiscal year thereafter until the principal and interest on all bonds issued by the treasurer of state pursuant to section 12.87 are paid, as determined by the treasurer of state, the first fifty-five million dollars of the moneys directed to be deposited in the general fund of the state under subparagraph subdivision (i) shall be deposited in the revenue bonds debt service fund created in section 12.89, and the next five three million seven hundred fifty thousand dollars of the moneys directed to be deposited in the general fund of the state under subparagraph subdivision (i) shall be deposited in the revenue bonds federal subsidy holdback fund created in section 12.89, and the next one million two hundred fifty thousand dollars of the moneys directed to be deposited in the general fund of the state under subparagraph subdivision (i) shall be deposited in the general fund of the state.
   (b)  The next fifteen million dollars of the moneys directed to be deposited in the general fund of the state in a fiscal year pursuant to sections 99D.17 and 99F.11 shall be deposited in the vision Iowa fund created in section 12.72 for the fiscal year beginning July 1, 2000, and for each fiscal year through the fiscal year beginning July 1, 2019.
   (c)  The next five million dollars of the moneys directed to be deposited in the general fund of the state in a fiscal year pursuant to sections 99D.17 and 99F.11 shall be deposited in the school infrastructure fund created in section 12.82 for the fiscal year beginning July 1, 2000, and for each fiscal year thereafter until the principal and interest on all bonds issued by the treasurer of state pursuant to section 12.81 are paid, as determined by the treasurer of state.
   (d)  (i)  The total moneys in excess of the moneys deposited in the revenue bonds debt service fund, the revenue bonds federal holdback subsidy fund, the vision Iowa fund, the school infrastructure fund, and the general fund of the state in a fiscal year shall be deposited in the rebuild Iowa infrastructure fund and shall be used as provided in this section, notwithstanding section 8.60.
   (ii)  However, in lieu of the deposit in subparagraph subdivision (i), for the fiscal year beginning July 1, 2010, and for each fiscal year thereafter until the principal and interest on all bonds issued by the treasurer of state pursuant to section 12.87 are paid, as determined by the treasurer of state, fifty-five sixty-four million seven hundred fifty thousand dollars of the excess moneys directed to be deposited in the rebuild Iowa infrastructure fund under subparagraph subdivision (i) shall be deposited in the general fund of the state.
   (2)  If the total amount of moneys directed to be deposited in the general fund of the state under sections 99D.17 and 99F.11 in a fiscal year is less than the total amount of moneys directed to be deposited in the revenue bonds debt service fund and the revenue bonds federal subsidy holdback fund in the fiscal year pursuant to this paragraph “e”, the difference shall be paid from moneys deposited in the beer and liquor control fund created in section 123.53 in the manner provided in section 123.53, subsection 3.
   (3)  After the deposit of moneys directed to be deposited in the general fund of the state, and the revenue bonds debt service fund, and the revenue bonds federal subsidy holdback fund,  as provided in subparagraph (1), subparagraph division (a), if the total amount of moneys directed to be deposited in the general fund of the state under sections 99D.17 and 99F.11 in a fiscal year is less than the total amount of moneys directed to be deposited in the vision Iowa fund and the school infrastructure fund in the fiscal year pursuant to this paragraph “e”, the difference shall be paid from lottery revenues in the manner provided in section 99G.39, subsection 3.
    Sec. 68.  Section 8.57, subsection 6, paragraph f, Code Supplement 2009, is amended to read as follows:
   f.  There is appropriated from the rebuild Iowa infrastructure fund to the secure an advanced vision for education fund created in section 423F.2, for each fiscal year of the fiscal period beginning July 1, 2008, and ending June 30, 2014, 2010, and for each fiscal year of the fiscal period beginning July 1, 2011, and ending June 30, 2014, the amount of the moneys in excess of the first forty-seven million dollars credited to the rebuild Iowa infrastructure fund during the fiscal year, not to exceed ten million dollars.
    Sec. 69.  Section 8.57A, subsection 4, Code 2009, is amended to read as follows:
   4.  a.  There is appropriated from the rebuild Iowa infrastructure fund for the fiscal year years beginning July 1, 2008, July 1, 2009, and July 1, 2011, and for each fiscal year thereafter, the sum of forty-two million dollars to the environment first fund, notwithstanding section 8.57, subsection 6, paragraph “c”.
   b.  There is appropriated from the rebuild Iowa infrastructure fund for the fiscal year beginning July 1, 2010, and ending June 30, 2011, the sum of thirty-three million dollars to the environment first fund, notwithstanding section 8.57, subsection 6, paragraph “c”.
    Sec. 70.  Section 8.57C, subsection 3, Code Supplement 2009, is amended to read as follows:
   3.  a.  There is appropriated from the general fund of the state for the fiscal years beginning July 1, 2006, July 1, 2007, July 1, 2010 2011, and for each subsequent fiscal year thereafter, the sum of seventeen million five hundred thousand dollars to the technology reinvestment fund.
   b.  There is appropriated from the rebuild Iowa infrastructure fund for the fiscal year beginning July 1, 2008, and ending June 30, 2009, the sum of seventeen million five hundred thousand dollars, and for the fiscal year beginning July 1, 2009, and ending June 30, 2010, the sum of fourteen million five hundred twenty-five thousand dollars to the technology reinvestment fund, notwithstanding section 8.57, subsection 6, paragraph “c”.
   c.  There is appropriated from the rebuild Iowa infrastructure fund for the fiscal year beginning July 1, 2010, the sum of ten million dollars to the technology reinvestment fund, notwithstanding section 8.57, subsection 6, paragraph “c”.
    Sec. 71.  Section 12.87, subsections 1 and 2, Code Supplement 2009, are amended to read as follows:
   1.  The treasurer of state is authorized to issue and sell bonds on behalf of the state to provide funds for certain infrastructure projects and for purposes of the Iowa jobs program established in section 16.194. The treasurer of state shall have all of the powers which are necessary or convenient to issue, sell and secure bonds and carry out the treasurer of state’s duties, and exercise the treasurer of state’s authority under this section and sections 12.88 through 12.90. The treasurer of state may issue and sell bonds in such amounts as the treasurer of state determines to be necessary to provide sufficient funds for certain infrastructure projects and the revenue bonds capitals fund, the revenue bonds capitals II fund, the payment of interest on the bonds, the establishment of reserves to secure the bonds, the payment of costs of issuance of the bonds, the payment of other expenditures of the treasurer of state incident to and necessary or convenient to carry out the issuance and sale of the bonds, and the payment of all other expenditures of the treasurer of state necessary or convenient to administer the funds and to carry out the purposes for which the bonds are issued and sold. The treasurer of state may issue and sell bonds in one or more series on the terms and conditions the treasurer of state determines to be in the best interest of the state, in accordance with this section in such amounts as the treasurer of state determines to be necessary to fund the purposes for which such bonds are issued and sold. as follows: 
   a.  The treasurer of state may issue and sell bonds in amounts which provide aggregate net proceeds of not more than five hundred forty-five six hundred ninety-five million dollars, excluding any bonds issued and sold to refund outstanding bonds issued under this section, as follows:
   a.(1)  The On or after July 1, 2009, the treasurer of state may issue and sell bonds in amounts which provide aggregate net proceeds of not more than one hundred eighty-five million dollars for capital projects which qualify as vertical infrastructure projects as defined in section 8.57, subsection 6, paragraph “c”, to the extent practicable in any fiscal year and without limiting other qualifying capital expenditures.
   b.  (2)  The On or after July 1, 2009, the treasurer of state may issue and sell bonds in amounts which provide aggregate net proceeds of not more than three hundred sixty million dollars for purposes of the Iowa jobs program established in section 16.194 and for watershed flood rebuilding and prevention projects, soil conservation projects, sewer infrastructure projects, for certain housing and public service shelter projects and public broadband and alternative energy projects, and for projects relating to bridge safety and the rehabilitation of deficient bridges.
   (3)  On or after July 1, 2010, the treasurer of state may issue and sell bonds in amounts which provide aggregate net proceeds of not more than one hundred fifty million dollars for purposes of the Iowa jobs II program established in section 16.194A and for qualified projects in the departments of agriculture and land stewardship, economic development, education, natural resources, and transportation, and the Iowa finance authority, state board of regents, and treasurer of state.
   2.  Bonds issued and sold under this section are payable solely and only out of the moneys in the revenue bonds debt service fund, the revenue bonds federal subsidy holdback fund, and any bond reserve funds established pursuant to section 12.89, and only to the extent provided in the trust indenture, resolution, or other instrument authorizing their issuance. All moneys in the revenue bonds debt service fund, the revenue bonds federal subsidy holdback fund, and any bond reserve funds established pursuant to section 12.89 may be deposited with trustees or depositories in accordance with the terms of the trust indentures, resolutions, or other instruments authorizing the issuance of bonds and pledged by the treasurer of state to the payment thereof. Bonds issued and sold under this section shall contain a statement that the bonds are limited special obligations of the state and do not constitute a debt or indebtedness of the state or a pledge of the faith or credit of the state or a charge against the general credit or general fund of the state. The treasurer of state shall not pledge the credit or taxing power of this state or any political subdivision of this state or make bonds issued and sold pursuant to this section payable out of any moneys except those in the revenue bonds debt service fund, the revenue bonds federal subsidy holdback fund, and any bond reserve funds established pursuant to section 12.89.
    Sec. 72.  Section 12.89, subsection 2, Code Supplement 2009, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  Od.  Federal subsidies and any transfers from the revenue bonds federal subsidy holdback fund created pursuant to section 12.89A.
    Sec. 73.  NEW SECTION.  12.89A  Revenue bonds federal subsidy holdback fund.
   1.  A revenue bonds federal subsidy holdback fund is created and established as a separate and distinct fund in the state treasury. The treasurer of state shall act as custodian of the fund and disburse moneys contained in the fund.
   2.  The moneys in such fund shall include all of the following:
   a.  The revenues required to be deposited in the fund pursuant to section 8.57, subsection 6, paragraph “e”, subparagraphs (1) and (2).
   b.  Interest attributable to investment moneys in the fund.
   c.  Any other moneys from any other sources which may be legally available to the treasurer of state for the purpose of the fund.
   3.  The moneys in the revenue bonds federal subsidy holdback fund are appropriated and shall be used or transferred to the revenue bonds debt service fund created in section 12.89, subsection 1, solely for the purpose of making payments of principal and interest on federal subsidy bonds when due, if the treasurer of state or the treasurer’s designee has not received a federal subsidy scheduled to be received for such payment by the due date.
   4.  The moneys on deposit in the revenue bonds federal subsidy holdback fund shall be used or transferred to the revenue bonds debt service fund created in section 12.89, subsection 1, solely for the purpose of making payments of principal and interest on federal subsidy bonds prior to any use or transfer of moneys on deposit in any bond reserve fund created for such federal subsidy bonds by the treasurer of state pursuant to section 12.89, subsection 3, paragraph “a”.
   5.  At any time during each fiscal year that there are moneys on deposit in the revenue bonds federal subsidy holdback fund that are not needed to pay principal and interest on federal subsidy bonds during such fiscal year as determined by the treasurer of state or the treasurer’s designee, all moneys on deposit in the revenue bonds federal subsidy holdback account shall be credited to the rebuild Iowa infrastructure fund of the state.
   6.  For purposes of this section:
   a.  “Federal subsidy” means any payment from the federal government with respect to federal subsidy bonds.
   b.  “Federal subsidy bonds” means any bonds issued and sold pursuant to section 12.87 for which a federal subsidy is expected to be paid on or before any date on which interest on such bonds is due and payable.
    Sec. 74.  Section 15F.204, subsection 8, paragraph a, subparagraph (6), Code Supplement 2009, is amended by striking the subparagraph.
    Sec. 75.  Section 15F.204, subsection 8, paragraph b, subparagraph (4), Code Supplement 2009, is amended by striking the subparagraph.
    Sec. 76.  Section 16.181A, Code 2009, is amended to read as follows:
   16.181A  Housing trust fund —— appropriations.

   1.  There is appropriated from the rebuild Iowa infrastructure fund to the Iowa finance authority for deposit in the housing trust fund created in section 16.181, for the fiscal year beginning July 1, 2009, and ending June 30, 2010, and for each succeeding fiscal year, the sum of three million dollars.
   2.  There is appropriated from the rebuild Iowa infrastructure fund to the Iowa finance authority for deposit in the housing trust fund created in section 16.181, for the fiscal year beginning July 1, 2010 and ending June 30, 2011, the sum of one million dollars.
    Sec. 77.  Section 16.192, subsections 2 and 4, Code Supplement 2009, are amended to read as follows:
   2.  Establish the Iowa jobs program pursuant to section 16.194 and the Iowa jobs II program pursuant to section 16.194A.
   4.  Award financial assistance in the form of grants under the Iowa jobs program pursuant to sections 16.194, 16.194A, and 16.195.
    Sec. 78.  Section 16.193, subsection 2, Code Supplement 2009, is amended to read as follows:
   2.  During the term of the Iowa jobs program established in section 16.194 and the Iowa jobs II program established in section 16.194A, two hundred thousand dollars of the moneys deposited in the rebuild Iowa infrastructure fund shall be allocated each fiscal year to the Iowa finance authority for purposes of administering the Iowa jobs program, notwithstanding section 8.57, subsection 6, paragraph “c”.
    Sec. 79.  NEW SECTION.  16.194A  Iowa jobs II program —— disaster prevention.
   1.  An Iowa jobs II program is created to assist in the development and completion of public construction projects relating to disaster prevention. 
   2.  A city or county in this state or a regional transit district as defined in chapter 28M that applies the smart planning principles and guidelines pursuant to sections 18B.1 and 18B.2, if enacted in 2010 Iowa Acts, Senate File 2265, may submit an application to the Iowa jobs board for financial assistance for a local infrastructure competitive grant for an eligible project under the program, notwithstanding any limitation on the state’s percentage in funding as contained in section 29C.6, subsection 17.
   3.  Financial assistance under the program shall be awarded in the form of grants.
   4.  The board shall consider the following criteria in evaluating eligible projects to receive financial assistance under the program:
   a.  The total number and quality of jobs to be created and the benefits likely to accrue to areas distressed by high unemployment.
   b.  Financial feasibility, including the ability of projects to fund depreciation costs or replacement reserves, and the availability of other federal, state, local, and private sources of funds.
   c.  Sustainability and energy efficiency.
   d.  Benefits for disaster prevention.
   e.  The project’s readiness to proceed.
   5.  An applicant must demonstrate local support for the project as defined by rule.
   6.  Any award of financial assistance to a project shall be limited to up to seventy-five percent of the total cost of the development and completion of a public construction project relating to disaster prevention.
   7.  In order for a project to be eligible to receive financial assistance from the board, the project must be a public construction project pursuant to subsection 1 with a demonstrated substantial local, regional, or statewide economic impact.
   8.  The board shall not approve an application for assistance for any of the following purposes:
   a.  To refinance a loan existing prior to the date of the initial financial assistance application.
   b.  For a project that has previously received financial assistance under the program, unless the applicant demonstrates that the financial assistance would be used for a significant expansion of a project.
   9.  Any portion of an amount allocated for projects that remains unexpended or unencumbered one year after the allocation has been made may be reallocated to another project category, at the discretion of the board. The board shall ensure that all bond proceeds be expended within three years from when the allocation was initially made.
   10.  The board shall ensure that funds obligated under this section are coordinated with other federal program funds received by the state, and that projects receiving funds are located in geographically diverse areas of the state.
    Sec. 80.  Section 16.195, subsection 2, Code Supplement 2009, is amended to read as follows:
   2.  A review committee composed of members of the board as determined by the board shall review Iowa jobs program applications submitted to the board and make recommendations regarding the applications to the board. When reviewing the applications, the review committee and the authority shall consider the project criteria specified in section sections 16.194 and 16.194A. The board shall develop the appropriate level of transparency regarding project fund allocations.
    Sec. 81.  Section 26.3, subsection 2, Code Supplement 2009, is amended to read as follows:
   2.  A governmental entity shall have an engineer licensed under chapter 542B, a landscape architect licensed under chapter 544B, or an architect registered under chapter 544A prepare plans and specifications, and calculate the estimated total cost of a proposed public improvement. A governmental entity shall ensure that a sufficient number of paper copies of the project’s contract documents, including all drawings, plans, specifications, and estimated total costs of the proposed public improvement are made available for distribution at no charge to prospective bidders, subcontractor bidders, suppliers, and contractor plan room services.  If a deposit is required as part of a paper contract documents distribution policy by the public owner, the deposit shall not exceed one thousand dollars per set which shall be refunded upon return of the contract documents within fourteen days after award of the project. If the contract documents are not returned in a timely manner and in a reusable condition, the deposit shall be forfeited.
    Sec. 82.  Section 123.53, subsections 3 and 4, Code Supplement 2009, are amended to read as follows:
   3.  Notwithstanding subsection 2, if gaming revenues under sections 99D.17 and 99F.11 are insufficient in a fiscal year to meet the total amount of such revenues directed to be deposited in the revenue bonds debt service fund and the revenue bonds federal subsidy holdback fund during the fiscal year pursuant to section 8.57, subsection 6, paragraph “e”, the difference shall be paid from moneys deposited in the beer and liquor control fund prior to transfer of such moneys to the general fund pursuant to subsection 2 and prior to the transfer of such moneys pursuant to subsections 5 and 6. If moneys deposited in the beer and liquor control fund are insufficient during the fiscal year to pay the difference, the remaining difference shall be paid from moneys deposited in the beer and liquor control fund in subsequent fiscal years as such moneys become available.
   4.  The treasurer of state shall, each quarter, prepare an estimate of the gaming revenues and of the moneys to be deposited in the beer and liquor control fund that will become available during the remainder of the appropriate fiscal year for the purposes described in subsection 3. The department of management, the department of inspections and appeals, and the department of commerce shall take appropriate actions to provide that the sum of the amount of gaming revenues available to be deposited into the revenue bonds debt service fund during a fiscal year and the amount of moneys to be deposited in the beer and liquor control fund available to be deposited into the revenue bonds debt service fund and the revenue bonds federal subsidy holdback fund during such fiscal year will be sufficient to cover any anticipated deficiencies.
    Sec. 83.  Section 327H.20A, subsection 3, Code Supplement 2009, is amended to read as follows:
   3.  Notwithstanding any other provision to the contrary, on or after July 1, 2006, moneys received as repayments for loans made pursuant to this chapter or chapter 327I, Code 2009, before, on, or after July 1, 2005, other than repayments of federal moneys subject to section 327H.21, shall be credited to the railroad revolving loan and grant fund. Notwithstanding section 8.33, moneys in the railroad revolving loan and grant fund shall not revert to the general fund of the state fund from which it was appropriated but shall remain available indefinitely for expenditure under this section.
    Sec. 84.  Section 327J.2, subsection 3, Code Supplement 2009, is amended to read as follows:
   3.  No reversion.  Notwithstanding section 8.33, any balance in the fund on June 30 of any fiscal year shall not revert to the general fund of the state fund from which it was appropriated.
    Sec. 85.  REPEAL.  Sections 8.57D, 12.90A, 12.90B, 12.90C, 16.185, 16.186, 16.187, and 313.68, Code Supplement 2009, are repealed.
EXPLANATION
   This bill makes appropriations to state departments and agencies from the rebuild Iowa infrastructure fund, the technology reinvestment fund, the revenue bonds capitals fund, the revenue bonds capitals II fund, the FY 2009 prison bonding fund, and other funds, creates the Iowa jobs II program and the revenue bonds federal subsidy holdback fund, and provides for related matters.
   DIVISION I —— REBUILD IOWA INFRASTRUCTURE FUND APPROPRIATIONS. This division appropriates project funding for FY 2010-2011 from the rebuild Iowa infrastructure fund, including projects for the departments of administrative services, agriculture and land stewardship, for the blind, cultural affairs, economic development, education, natural resources, public defense, public health, transportation, and veterans affairs, and to the Iowa finance authority, the state board of regents, and the treasurer of state.
   The division appropriates project funding for FY 2011-2012, FY 2012-2013, and FY 2013-2014 from the rebuild Iowa infrastructure fund to the department of corrections and for FY 2011-2012, FY 2012-2013, FY 2013-2014, and FY 2014-2015 from the rebuild Iowa infrastructure fund to the department of natural resources.
   DIVISION II —— TECHNOLOGY REINVESTMENT FUND —— APPROPRIATIONS. This division appropriates project funding for FY 2010-2011 from the technology reinvestment fund for the departments of administrative services, corrections, education, and public health, and the Iowa telecommunications and technology commission.
   DIVISION III —— REVENUE BONDS CAPITALS FUND —— APPROPRIATIONS. This division appropriates project funding for FY 2010-2011 from the revenue bonds capitals fund for the departments of administrative services, agriculture and land stewardship, cultural affairs, corrections, natural resources, and the Iowa state fair, state board of regents, and the Iowa finance authority.
   DIVISION IV —— REVENUE BONDS CAPITALS II FUND —— APPROPRIATIONS. The division creates a revenue bonds capitals II fund. Revenue for the revenue bonds capitals II fund shall include but is not limited to the net proceeds of certain bonds issued by the treasurer of state on or after July 1, 2010, interest attributable to investment of moneys in the fund or an account of the fund, and moneys in the form of a devise, gift, bequest, donation, federal or other grant, reimbursement, repayment, judgment, transfer, payment, or appropriation from any source intended to be used for the purposes of the fund. Annually, on or before January 15 of each year, a state agency that received an appropriation from the revenue bonds capitals II fund shall report to the legislative services agency and the department of management the status of all projects completed or in progress.
   The division appropriates project funding for FY 2010-2011 from the revenue bonds capitals II fund created in the bill to the departments of agriculture and land stewardship, economic development, education, natural resources, and transportation and to the Iowa finance authority including to the Iowa jobs board for purposes of the Iowa jobs II program, created in the bill, state board of regents, and treasurer of state.
   DIVISION V —— FY 2009 PRISON BONDING FUND. This division appropriates project funding for FY 2010-2011 to the department of corrections.
   DIVISION VI —— GROW IOWA VALUES FUND. Currently, the Code provides that for each fiscal year through the fiscal period ending June 30, 2015, the grow Iowa values fund is to receive an annual appropriation of $50 million from either the general fund or the rebuild Iowa infrastructure fund. The division provides that the appropriation for FY 2010-2011 shall be from the rebuild Iowa infrastructure fund. The department is directed to allocate that $50 million for certain purposes. This division appropriates $38 million from the rebuild Iowa infrastructure fund to the grow Iowa values fund for FY 2010-2011. The division also decreases the FY 2010-2011 standing appropriation from the grow Iowa values fund to the department of economic development from $50 million to $38 million and makes conforming changes to certain allocations.
   The division allows the department to allocate, of the moneys in the targeted small business financial assistance program account of the strategic investment fund, amounts necessary for marketing, compliance, and the provision of mentoring services.
   Currently, the department must allocate $3 million for deposit in the innovation and commercialization development fund. The division amends this allocation to require the department to allocate $5.5 million for deposit in the innovation and commercialization development fund.
   The division also creates a new allocation of $1 million for deposit in the targeted small business financial assistance program account within the strategic investment fund.
   Currently, the Code does not appropriate interest on moneys in the grow Iowa values fund. The division appropriates the interest to the department and directs the department to allocate it for certain purposes.
   DIVISION VII —— ALTERNATIVE PUBLIC PROJECT DELIVERY PROGRAM. This division establishes a new division in Code chapter 262 that creates an alternative project delivery commission and an alternative project delivery program for governmental entities. The bill defines governmental entity to be the board of regents and institutions under the control of the board of regents. The new division contains three parts.
   Part 1 establishes an alternative project delivery commission consisting of seven members, appointed by the board of regents and other specified design and construction industry associations. The part establishes quorum, meeting, voting, and conflict of interest requirements for the commission, designates the member appointed by the board of regents as the commission chairperson, and authorizes the commission to adopt policies and procedures to carry out the duties of the commission.
   Part 1 also establishes an alternative project delivery program under the authority of the alternative project delivery commission. The commission is responsible for selecting the public projects for inclusion in the program based on applications submitted by the governmental entities. The commission is required to prepare and file a report with the governor and the general assembly on or before January 15, 2014. The report is required to detail the activities of the commission and provide information on each public project in the program.
   Part 1 also specifies publication requirements for public notices provided by the governmental entity during the alternative project delivery procedures and provides that certain documents and information related to the alternative project delivery procedures must be made available for public inspection after the award or letting of the contract.
   Parts 2 and 3 of the new division establish two alternative project delivery procedures for use by the governmental entities selected for inclusion in the program. For each alternative project delivery procedure, the governmental entity is required to employ or retain a criteria consultant to assist in the preparation of a request for qualifications and a request for proposals. Each of the alternative project delivery procedures is conducted in two phases.
   Part 2 of the new division provides the requirements and procedures for construction management project delivery and for the selection of a construction manager. Under part 2, the governmental entity is required to employ a design professional to design the public project and prepare the construction documents for the public project. Phase I of the construction manager selection process includes publication of a request for qualifications by the governmental entity, review of the statements of qualifications, and the selection of a minimum of two but not more than five construction managers to advance to phase II. Phase II includes a request for proposals, the receipt of proposals from those construction managers selected during phase I, an interview with each construction manager that submits a proposal, evaluation of each proposal, and selection of a construction manager for the public project.
   Part 3 of the new division provides the requirements and procedures for design-build project delivery and for the selection of a design-builder. Phase I of the design-builder selection process includes publication of a request for qualifications by the governmental entity, review of the statements of qualifications, and the selection of a minimum of two but not more than five design-builders to advance to phase II. Phase II includes a request for proposals, the receipt of proposals from those design-builders selected during phase I, including a separate cost and schedule proposal, an interview with each design-builder that submits a proposal, evaluation of each proposal, and selection of a design-builder for the public project.
   DIVISION VIII —— FLOODPLAIN MAPPING. This division provides for the use of funds allocated to the department of natural resources for floodplain mapping from the appropriation made to the department of economic development in 2009 Iowa Acts, chapter 183, section 67, of federal community development block grant funds awarded to the state under the federal Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009, Pub. L. No. 110-329, the department of economic development shall enter an agreement in an amount of not less than $10,000,000 with the state university of Iowa for the development of new floodplain maps by June 30, 2014, by the Iowa flood center established pursuant to section 466C.1. The department of economic development shall structure the contract to be consistent with any plan for use of the funds approved by any federal agency, or, if necessary, follow any procedures necessary for approval of this contract.
   DIVISION IX —— DEPARTMENT OF ADMINISTRATIVE SERVICES —— OFFICE SPACE. This division requires the department of administrative services to issue a request for proposals by December 1, 2010, concerning the availability and cost of office space for state employees in downtown Des Moines and in other areas in close proximity to the state capitol complex. The department shall submit a written report to the general assembly concerning the request for proposals by January 14, 2011. The department is also required to conduct a cost-benefit analysis of utilizing existing office space in downtown Des Moines and other areas in close proximity to the state capitol complex in lieu of replacing or renovating the Wallace Building. The department shall submit a written report to the general assembly concerning the cost-benefit analysis by January 14, 2011.
   DIVISION X —— CHANGES TO PRIOR YEAR APPROPRIATIONS. This division makes changes to prior year appropriations for FY 2006-2007 from the rebuild Iowa infrastructure fund for the department of public safety and from Iowa’s health restricted capitals fund for the department of administrative services. The division makes changes to prior year appropriations for FY 2007-2008 from the rebuild Iowa infrastructure fund for the state board of regents and from the technology reinvestment fund for the department of human rights and the Iowa workforce development. The division makes changes to prior year appropriations for FY 2008-2009 from the technology reinvestment fund for the department of education, from the revenue bonds capitals fund for the department of corrections, from the rebuild Iowa infrastructure fund for the departments of administrative services and cultural affairs, and from the FY 2009 prison bonding fund for the department of corrections. The division makes changes to prior year appropriations for FY 2009-2010 from the revenue bonds capitals fund for the departments of agriculture and land stewardship, economic development, natural resources, transportation, and the Iowa telecommunications and technology commission, and from the rebuild Iowa infrastructure fund for the departments of cultural affairs and transportation.
   The division makes changes to prior year appropriations for FY 2010-2011 from the rebuild Iowa infrastructure fund to the department of economic development and from the rebuild Iowa infrastructure fund to the departments of administrative services, corrections, state board of regents, and the Iowa state fair.
   This division takes effect upon enactment.
   DIVISION XI —— MISCELLANEOUS CODE CHANGES. The division eliminates the standing FY 2010-2011 $10 million appropriation from the rebuild Iowa infrastructure fund to the secure an advanced vision for education (SAVE) fund.
   The division reduces the FY 2010-2011 standing appropriation from the rebuild Iowa infrastructure fund to the environment first fund from $42 million to $33 million.
   The division appropriates $10 million from the rebuild Iowa infrastructure fund to the technology reinvestment fund for FY 2010-2011.
   The division makes changes to Code section 8.57 relating to the distribution of wagering tax allocations for purposes of pledging a revenue stream for revenue bonds issued on or after July 1, 2010, authorized under the bill. In addition, the division makes changes to Code section 123.53 relating to the beer and liquor control fund to provide for a secondary source of revenue funding for the revenue bonds relating to the revenue bonds federal subsidy holdback fund.
   The division authorizes the treasurer of state to issue and sell bonds in amounts which provide aggregate net proceeds of not more than $150 million for purposes of an Iowa jobs grant program relating to disaster prevention for qualified projects in the departments of agriculture and land stewardship, economic development, education, and transportation, and the Iowa finance authority, the state board of regents, and the treasurer of state.
   The division creates a revenue bonds federal subsidy holdback fund comprised of the wagering tax revenues required to be deposited in the fund, interest attributable to investment moneys in the fund, and any other moneys from any other sources which may be legally available to the treasurer of state for the purpose of the fund. The moneys in the revenue bonds federal subsidy holdback fund are appropriated and shall be used or transferred to the revenue bonds debt service fund solely for the purpose of making payments of principal and interest on the federal subsidy bonds when due, if the treasurer of state or the treasurer’s designee has not received a federal subsidy scheduled to be received for such payment by the due date. The moneys on deposit in the revenue bonds federal subsidy holdback fund are required to be used or transferred to the revenue bonds debt service fund solely for the purpose of making payments of principal and interest on federal subsidy bonds prior to any use or transfer of moneys on deposit in any bond reserve fund created for such federal subsidy bonds by the treasurer of state. At any time during each fiscal year that there are moneys on deposit in the revenue bonds federal subsidy holdback fund that are not needed to pay principal and interest on federal subsidy bonds during such fiscal year, all moneys on deposit in the revenue bonds federal subsidy holdback account shall be credited to the general fund. For purposes of the bill, “federal subsidy” means any payment from the federal government with respect to federal subsidy bonds and “federal subsidy bonds” means any bonds issued and sold pursuant to Code section 12.87 for which a federal subsidy is expected to be paid on or before any date on which interest on such bonds is due and payable.
   The division eliminates standing appropriations for FY 2010-2011 from the rebuild Iowa infrastructure fund to the community attraction and tourism fund and from the franchise tax revenues deposited in the general fund of the state to the community attraction and tourism fund.
   The division eliminates standing appropriations from the rebuild Iowa infrastructure fund and the general fund for FY 2010-2011 to the department of economic development for the community attraction and tourism program.
   The division appropriates funds from the rebuild Iowa infrastructure fund to the Iowa finance authority for deposit into the housing trust fund for FY 2010-2011.
   The division creates an Iowa jobs II program to assist in the development and completion of public construction projects relating to disaster prevention. A city or county in this state or a regional transit district as defined in chapter 28M that applies the smart planning principles and guidelines pursuant to Code sections 18B.1 and 18B.2 if enacted in 2010 Iowa Acts, Senate File 2265, may submit an application to the Iowa jobs board created in Code section 16.191 for a local infrastructure competitive grant for an eligible project under the program. The board is required to consider certain criteria in evaluating eligible projects to receive financial assistance under the program. Any award of financial assistance to a project is limited to up to 75 percent of the total cost of the total cost of the development and completion of a public construction project relating to disaster prevention.
   The division amends Code section 26.3 relating to competitive bids for public improvement contracts. The division provides that a governmental entity shall ensure that a sufficient number of paper copies of the project’s contract documents, including all drawings, plans, specifications, and estimated total costs of the proposed public improvement are made available for distribution at no charge to prospective bidders, subcontractor bidders, suppliers, and contractor plan room services. If a deposit is required as part of a paper contract documents distribution policy by the public owner, the deposit shall not exceed $1,000 per set which shall be refunded upon return of the contract documents within 14 days after award of the project. If the contract documents are not returned in a timely manner and in a reusable condition, the deposit shall be forfeited.
   The division makes technical changes relating to the reversion of funds provisions in Code sections 327H.20A (railroad revolving loan and grant fund) and 327J.2 (passenger rail service revolving fund).
   The division repeals Code section 12.90A authorizing the treasurer of state to issue annual appropriation bonds on or after July 1, 2010, and makes conforming changes by repealing the annual appropriation bonds debt service fund (Code section 12.90B), the appropriations bonds capitals fund (Code section 12.90C), and the vertical infrastructure restricted capitals fund (Code section 8.57D).
   The division repeals the public service shelter grant fund (Code section 16.185), the disaster damage housing assistance grant fund (Code section 16.186), the affordable housing assistance grant fund (Code section 16.187), and the bridge safety fund (Code section 313.68), and makes conforming changes.