House
File
447
-
Introduced
HOUSE
FILE
447
BY
CARLIN
A
BILL
FOR
An
Act
relating
to
the
implementation
and
financing
of
energy
1
management
improvements
by
school
corporations.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
2547YH
(2)
87
gh/rn/nh
H.F.
447
Section
1.
Section
273.3,
Code
2017,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
20A.
Be
authorized
to
implement
an
energy
3
management
improvement
as
provided
in
section
279.48A.
4
Sec.
2.
Section
279.48,
subsection
2,
Code
2017,
is
amended
5
to
read
as
follows:
6
2.
The
total
of
scheduled
annual
payments
of
principal
or
7
interest
due
and
payable
from
current
budgeted
receipts
or
8
future
budgeted
receipts
with
respect
to
all
loan
agreements
9
authorized
under
this
section
,
section
279.48A,
or
section
10
285.10,
subsection
7
,
paragraph
“b”
,
must
not
exceed
ten
percent
11
of
the
last
authorized
budget
of
the
school
corporation.
12
Sec.
3.
NEW
SECTION
.
279.48A
Energy
management
improvements
13
——
implementation.
14
1.
The
board
of
directors
of
a
school
corporation
may
15
implement
an
energy
management
improvement,
as
defined
in
16
section
473.19
and
identified
in
an
energy
analysis,
and
may
17
negotiate
and
enter
into
a
loan
agreement
and
issue
a
note
18
to
pay
for
the
energy
management
improvement,
subject
to
the
19
following
terms
and
procedures:
20
a.
The
note
must
mature
within
ten
years,
or
the
useful
life
21
of
the
energy
management
improvement,
whichever
is
less.
22
b.
The
note
may
bear
interest
at
a
rate
to
be
determined
by
23
the
board
of
directors
in
the
manner
provided
in
section
74A.3,
24
subsection
1,
paragraph
“a”
.
Chapter
75
is
not
applicable.
25
c.
The
board
of
directors
shall
provide
for
the
form
of
the
26
agreement
and
note.
27
d.
Principal
and
interest
on
the
note
must
be
payable
from
28
budgeted
receipts
in
the
debt
service
fund
for
each
year
of
a
29
period
of
up
to
ten
years.
30
2.
The
total
of
scheduled
annual
payments
of
principal
or
31
interest
due
and
payable
from
current
budgeted
receipts
or
32
future
budgeted
receipts
with
respect
to
all
loan
agreements
33
authorized
under
this
section,
section
279.48,
or
section
34
285.10,
subsection
7,
paragraph
“b”
,
must
not
exceed
ten
percent
35
-1-
LSB
2547YH
(2)
87
gh/rn/nh
1/
3
H.F.
447
of
the
last
authorized
budget
of
the
school
corporation.
1
3.
Before
entering
into
a
loan
agreement
for
an
energy
2
management
improvement,
the
school
corporation
must
publish
a
3
notice,
including
a
statement
of
the
amount
and
purpose
of
the
4
agreement,
at
least
once
in
a
newspaper
of
general
circulation
5
within
the
school
corporation
at
least
ten
days
before
the
6
meeting
at
which
the
loan
agreement
is
to
be
approved.
7
4.
This
section
shall
not
preclude
a
school
corporation
8
from
obtaining
a
loan,
lease,
or
other
method
of
alternative
9
financing
under
the
energy
loan
program
created
in
section
10
479.19
to
implement
energy
management
improvements
or
energy
11
analyses
in
addition
to
entering
into
a
loan
agreement
as
12
provided
in
this
section.
13
Sec.
4.
Section
279.53,
Code
2017,
is
amended
to
read
as
14
follows:
15
279.53
Loan
proceeds.
16
The
proceeds
of
loans
issued
to
school
districts
pursuant
to
17
section
279.48
,
279.48A,
279.52
,
or
473.20
shall
be
deposited
18
into
either
the
general
fund
of
a
school
district
or
the
19
physical
plant
and
equipment
levy
fund.
The
board
of
directors
20
shall
expend
the
amount
of
the
principal
and
interest
due
21
each
year
to
maturity
from
the
same
fund
into
which
the
loan
22
proceeds
were
deposited.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
substance
by
the
members
of
the
general
assembly.
26
This
bill
provides
that
a
board
of
directors
of
a
school
27
corporation
may
negotiate
and
enter
into
a
loan
agreement
and
28
issue
a
note
to
pay
for
an
energy
management
improvement,
as
29
defined
in
Code
section
473.19.
A
note
must
meet
the
following
30
requirements:
the
note
must
mature
within
the
lesser
of
10
31
years
or
the
useful
life
of
the
energy
management
improvement;
32
the
note
may
bear
interest
at
a
rate
determined
by
the
board
33
pursuant
to
Code
section
74A.3(1)(a);
the
board
must
provide
34
for
the
form
of
the
agreement
and
note;
and
the
principal
and
35
-2-
LSB
2547YH
(2)
87
gh/rn/nh
2/
3
H.F.
447
interest
on
the
note
must
be
payable
from
budgeted
receipts
in
1
the
debt
service
fund
for
each
year
of
a
period
of
up
to
10
2
years.
Code
chapter
75,
relating
to
the
authorization
and
sale
3
of
public
bonds,
does
not
apply
to
such
a
note.
4
The
bill
provides
that
the
total
annual
payments
of
5
principal
or
interest
due
and
payable
from
current
or
future
6
budgeted
receipts
with
respect
to
all
loan
agreements
entered
7
into
under
the
bill,
Code
section
279.48
(equipment)
or
8
285.10(7)(b)
(buses)
cannot
exceed
10
percent
of
the
last
9
authorized
budget
of
the
school
corporation.
10
The
bill
requires
a
school
corporation
to
publish
a
notice
11
before
entering
into
a
loan
agreement,
including
the
amount
12
and
purpose
of
such
agreement,
at
least
once
in
a
newspaper
13
of
general
circulation
within
the
school
corporation
at
least
14
10
days
before
the
meeting
at
which
the
agreement
is
to
be
15
approved.
16
The
bill
does
not
preclude
a
school
corporation
from
17
obtaining
financing
under
the
energy
loan
program
established
18
in
Code
section
479.19
to
implement
energy
management
19
improvements.
20
The
bill
requires
the
proceeds
of
loans
issued
to
school
21
districts
pursuant
to
the
bill
to
be
deposited
into
either
22
the
school
district’s
general
fund
or
the
physical
plant
and
23
equipment
levy
fund.
24
The
bill
makes
conforming
changes
in
Code
sections
273.3
and
25
279.48(2).
The
bill’s
provisions
are
in
substantial
conformity
26
with
equipment
purchase
loan
provisions
contained
in
current
27
Code
section
279.48.
28
-3-
LSB
2547YH
(2)
87
gh/rn/nh
3/
3