Text: HF00284 Text: HF00286 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 8.57, subsection 5, paragraph c, Code 1 2 1997, is amended to read as follows: 1 3 c. (1) Moneys in the fund in a fiscal year shall be used 1 4as directed by the general assemblyforpublicvertical 1 5 infrastructure projects as recommended by the rebuild Iowa 1 6 infrastructure commission, appropriated by the general 1 7 assembly, and approved by the governor. 1 8 (2) For the purposes of this subsection, "vertical 1 9 infrastructure project" includes onlyland acquisition and1 10construction, major renovation and major repair of buildings,1 11all appurtenant structures, utilities, site development, and1 12recreational trails. "Vertical infrastructure" does not1 13include routine, recurring maintenance or operational expenses1 14or leasing of a building, appurtenant structure, or utility1 15without a lease-purchase agreement. However, appropriations1 16may be made for the fiscal years beginning July 1, 1997, and1 17July 1, 1998, for the purpose of funding the completion of1 18Part III of the Iowa communications networkemergency repair 1 19 and replacement, deferred maintenance, renovation, and new 1 20 construction of vertical infrastructure. "Vertical 1 21 infrastructure project" does not include any project 1 22 consisting of horizontal infrastructure, repair and 1 23 replacement, operations, routine maintenance, preventive 1 24 maintenance, leasing of vertical infrastructure, debt service 1 25 for vertical infrastructure, or the Iowa communications 1 26 network. 1 27 Sec. 2. Section 8.57, subsection 5, Code 1997, is amended 1 28 by adding the following new paragraph and relettering 1 29 subsequent paragraphs: 1 30 NEW PARAGRAPH. d. As used in this subsection and section 1 31 8.57A: 1 32 (1) "Deferred maintenance" means unfunded routine 1 33 maintenance and repair and replacement, but not preventive 1 34 maintenance, which was not performed in a timely manner due to 1 35 lack of available funding, lower priority, or other recognized 2 1 delaying factors. "Deferred maintenance" includes routine 2 2 maintenance and repair and replacement included in the 2 3 operations budget during at least two successive fiscal years 2 4 but not accomplished due to delaying factors. 2 5 (2) "Emergency repair and replacement" means unscheduled 2 6 work which, due to failure or impending failure of a facility, 2 7 finish, system, equipment, or property, requires immediate 2 8 action to restore the originally anticipated service life of 2 9 the facility, finish, system, equipment, or property. 2 10 (3) "Horizontal infrastructure" means a facility, 2 11 including a utilitarian building related to the facility such 2 12 as a maintenance garage or water treatment plant, that is 2 13 predominately functional in nature and located at ground 2 14 level, under ground level, or parallel to and above ground 2 15 level, including the following: a transportation facility 2 16 such as a highway, bridge, street, or bike trail; a public 2 17 works utility distribution system such as sewer, water, or 2 18 waste water pipes or a water retention facility such as a dam; 2 19 and a technological utility distribution system such as a 2 20 telecommunication device or transmission system or tower. 2 21 (4) "New construction" means the construction of a new 2 22 building and related site work. 2 23 (5) "Operations" means routine, recurrent, periodic, or 2 24 scheduled work and materials required to operate a facility, 2 25 its systems, equipment, or property. "Operations" includes 2 26 all activities related to normal performance of a facility, 2 27 including utilities, administration, janitorial staff, 2 28 supplies, routine maintenance, preventive maintenance, and 2 29 repair and replacement of worn out-items. 2 30 (6) "Preventive maintenance" means a proactive, planned 2 31 program of regular and cyclical maintenance designed to 2 32 prevent failure of a facility, finish, system, equipment, or 2 33 property and to maximize the originally anticipated useful 2 34 life of the facility, finish, system, equipment, or property. 2 35 (7) "Project costs" means costs associated with new 3 1 construction, including, but are not limited to, land 3 2 acquisition, building and site construction costs, finishes, 3 3 systems, and equipment for the building and site, professional 3 4 services for predesign and design work, environmental testing 3 5 and surveys, and inspections related to the project. 3 6 (8) "Renovation" means the total or partial modification 3 7 of the internal structure or other physical characteristics of 3 8 a vertical infrastructure facility to higher standards of 3 9 quality or efficiency so the facility can be used more 3 10 effectively for its designated purpose. Renovation upgrades 3 11 and extends the design service life of the facility and adds 3 12 to the value of the asset. 3 13 (9) "Repair and replacement" means work scheduled due to 3 14 predicted or impending failure to restore a damaged or worn 3 15 out finish, system, equipment, or property to a normal 3 16 operating condition. "Repair and replacement" does not 3 17 include an improvement to a facility. Repair and replacement 3 18 are curative actions, while maintenance is a preventive 3 19 action. 3 20 (10) "Routine maintenance" means the regular care and 3 21 upkeep of a facility, finish, system, equipment, or property 3 22 necessary to realize the useful life of the facility. 3 23 "Routine maintenance" does not extend the originally 3 24 anticipated useful life of the facility and does not directly 3 25 add to the value of the facility. 3 26 (11) "Vertical infrastructure" means a facility that is 3 27 predominately architectural in nature, has an element of 3 28 aesthetics, and is not merely functional in nature. "Vertical 3 29 infrastructure" includes a building and related site 3 30 improvements; the finishes, systems, equipment, and property 3 31 that serve the building and site; and statues and monuments. 3 32 Sec. 3. NEW SECTION. 8.57A REBUILD IOWA INFRASTRUCTURE 3 33 COMMISSION. 3 34 1. a. The rebuild Iowa infrastructure commission is 3 35 created to enhance the efficient management and protection of 4 1 the investment by the state in vertical infrastructure. The 4 2 commission consists of seven members appointed by the governor 4 3 to six-year staggered terms and confirmed by the senate, in 4 4 accordance with chapter 69. A vacancy on the commission shall 4 5 be filled in the same manner as regular appointments are made 4 6 for the unexpired portion of the regular term. 4 7 b. Members shall be persons having expertise or knowledge 4 8 in the areas of architecture, construction, historic 4 9 preservation, energy conservation, or finance or accounting, 4 10 or persons with an interest in vertical infrastructure in 4 11 Iowa. A member shall not have a direct or indirect interest 4 12 in a construction, architectural, engineering, consulting, or 4 13 other entity which seeks or has been awarded a contract or 4 14 subcontract for any aspect of a project recommended by the 4 15 commission for funding through the rebuild Iowa infrastructure 4 16 fund. Members of the commission shall comply with chapter 4 17 68B. 4 18 c. The commission shall select annually a chairperson and 4 19 vice chairperson from among its members. The commission shall 4 20 meet at the call of the chairperson or when any four members 4 21 of the commission file a written request with the chairperson 4 22 for a meeting. Written notice of the time and place of each 4 23 meeting shall be given to each member of the commission. A 4 24 majority of the members constitutes a quorum. Members of the 4 25 commission shall be allowed their actual and necessary 4 26 expenses incurred in the performance of their duties. All 4 27 expenses of the commission shall be paid from appropriations 4 28 to the department of management for that purpose and the 4 29 department of management shall be subject to the budget 4 30 requirements of chapter 8. 4 31 d. A member of the commission may be removed for any of 4 32 the causes and in the manner provided in chapter 66. Removal 4 33 shall not be in lieu of any other punishment that may be 4 34 prescribed by the laws of this state. 4 35 2. The commission shall do all the following: 5 1 a. Coordinate the development of uniform criteria and 5 2 definitions to promote the best management of the state's 5 3 vertical infrastructure, including criteria to increase the 5 4 responsibility and accountability of state officials to 5 5 maintain vertical infrastructure by requiring periodic 5 6 vertical infrastructure assessments to be submitted to the 5 7 commission for review. 5 8 b. Develop and maintain, in cooperation with all state 5 9 agencies, a comprehensive statewide five-year vertical 5 10 infrastructure plan for maintenance, repair and replacement, 5 11 renovation, and new construction of vertical infrastructure, 5 12 and annually update and revise the plan as necessary. 5 13 c. The commission shall annually receive and review state 5 14 agency proposals regarding infrastructure maintenance and 5 15 development and make recommendations for funding the proposals 5 16 from the rebuild Iowa infrastructure fund. 5 17 d. Develop a database to provide information for the 5 18 commission to carry out its functions. The database shall 5 19 contain a comprehensive inventory of all state vertical 5 20 infrastructure. 5 21 e. Recommend any statutory changes necessary to ensure an 5 22 effective, well-coordinated vertical infrastructure program. 5 23 f. Adopt necessary rules pursuant to chapter 17A. 5 24 3. State agencies shall submit annually to the commission 5 25 proposals regarding vertical infrastructure maintenance, 5 26 repair and replacement, and development. 5 27 4. a. Rules adopted by the commission shall include 5 28 provisions regarding the prioritization of recommended 5 29 vertical infrastructure projects in the following order: 5 30 (1) Emergency repair and replacement. 5 31 (2) Deferred maintenance. 5 32 (3) Renovation. 5 33 (4) New construction. 5 34 b. The rules shall also provide for the ranking of 5 35 proposals under each subparagraph of paragraph "a" with higher 6 1 priority given to projects involving life safety and 6 2 regulatory compliance, accessibility for individuals with a 6 3 disability, historic preservation, and energy conservation. 6 4 5. The department of management shall provide the 6 5 commission with administrative services and support as 6 6 necessary for the commission to accomplish its mission. 6 7 6. a. The commission shall evaluate vertical 6 8 infrastructure proposals and recommend to the general assembly 6 9 which proposals the commission believes should be funded. 6 10 Proposals shall be contained in a separate bill requested by 6 11 the commission in accordance with section 2.16. 6 12 b. The general assembly may consider the bill and may 6 13 remove entire projects from the bill. The general assembly 6 14 shall not add projects to the bill and shall not alter the 6 15 provisions related to a project. A project removed from the 6 16 bill by one house of the general assembly may again be added 6 17 to the bill by the other house. The governor shall only item 6 18 veto entire projects from the bill as passed by the general 6 19 assembly. For the purposes of this section, a project is 6 20 considered indivisible and the governor shall not item veto 6 21 separate provisions related to a project. A vertical 6 22 infrastructure project shall not receive funding through the 6 23 rebuild Iowa infrastructure fund unless it was approved by the 6 24 commission prior to action by the general assembly. 6 25 Sec. 5. INITIAL APPOINTMENTS. Of the initial members 6 26 appointed to the commission, two members shall be appointed to 6 27 two-year terms, two members shall be appointed to four-year 6 28 terms, and three members shall be appointed to six-year terms. 6 29 Thereafter, appointments shall be for six-year terms. 6 30 Sec. 6. EFFECTIVE DATES. This Act takes effect July 1, 6 31 1997, except the provisions amended or enacted in section 6 32 8.57, subsection 5, paragraph "c", subparagraph (1), and the 6 33 provisions of section 8.57A, subsection 5, which take effect 6 34 July 1, 1998. 6 35 EXPLANATION 7 1 This bill amends Code section 8.57, subsection 5, regarding 7 2 the rebuild Iowa infrastructure fund and establishes a rebuild 7 3 Iowa infrastructure fund commission. 7 4 Code section 8.57 is amended to provide that moneys in the 7 5 rebuild Iowa infrastructure fund are to be used as recommended 7 6 by the commission and approved by the general assembly and 7 7 governor. The bill provides that only vertical infrastructure 7 8 projects involving emergency repair and replacement, deferred 7 9 maintenance, renovation, and new construction are fundable 7 10 through the rebuild Iowa infrastructure fund. Currently, 7 11 recreational trails and the Iowa communications network are 7 12 eligible for rebuild Iowa infrastructure fund moneys. 7 13 The bill also defines "vertical infrastructure" as 7 14 facilities that are predominately architectural in nature, 7 15 have an element of aesthetics, and are not merely functional 7 16 in nature, including buildings and site development and the 7 17 finishes, systems, equipment, and property that serve the 7 18 facility; and statues and monuments. Other terms defined in 7 19 the bill include deferred maintenance, emergency repair and 7 20 replacement, horizontal infrastructure, new construction, 7 21 operations, preventive maintenance, renovation, repair and 7 22 replacement, and routine maintenance. 7 23 The bill also creates new Code section 8.57A which 7 24 establishes the rebuild Iowa infrastructure commission to 7 25 enhance cooperation among state agencies regarding the 7 26 management and protection of Iowa's vertical infrastructure. 7 27 The commission consists of seven members appointed by the 7 28 governor and confirmed by the senate who serve staggered six- 7 29 year terms. The commission is to be gender and politically 7 30 balanced and members are to be chosen based upon their 7 31 knowledge or expertise in the areas of architecture, 7 32 construction, historic preservation, energy conservation, 7 33 finance or accounting, or their interest in preserving Iowa's 7 34 vertical infrastructure. The commission will receive 7 35 administrative assistance and support from the department of 8 1 management. Members are allowed their actual and necessary 8 2 expenses incurred in the performance of their official duties. 8 3 The commission's duties include coordinating the 8 4 development of uniform criteria and definitions to promote the 8 5 best management of the state's vertical infrastructure, 8 6 developing a comprehensive five-year vertical infrastructure 8 7 plan, reviewing agency vertical infrastructure project 8 8 proposals and making recommendations to the general assembly 8 9 regarding projects to be funded through the rebuild Iowa 8 10 infrastructure fund, and adopting rules. Rules adopted by the 8 11 commission are to prioritize projects in descending order of 8 12 importance as follows: emergency repair and replacement; 8 13 deferred maintenance; renovation; and new construction. 8 14 Within each category, a higher priority is to be given to 8 15 proposals involving, in no particular order, life safety and 8 16 regulatory compliance, accessibility for individuals with a 8 17 disability, historic preservation, and energy conservation. 8 18 The commission may recommend vertical infrastructure 8 19 projects for approval by the general assembly and governor in 8 20 a bill requested by the commission. If the general assembly 8 21 takes up the bill, it may not add projects to the bill or 8 22 alter the provisions of projects contained in the bill. 8 23 Likewise, the governor may item veto entire projects contained 8 24 in the bill, but may not item veto specific provisions of a 8 25 project. 8 26 The bill takes effect July 1, 1997, except that the changes 8 27 to section 8.57 and the provisions of section 8.57A regarding 8 28 commission recommendations and approval by the general 8 29 assembly and governor take effect July 1, 1998. 8 30 LSB 1618HH 77 8 31 mk/sc/14
Text: HF00284 Text: HF00286 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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