Text: HF02422 Text: HF02424 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2423 1 2 1 3 AN ACT 1 4 CREATING A BROWNFIELD REDEVELOPMENT PROGRAM AND FUND AND A 1 5 BROWNFIELD REDEVELOPMENT ADVISORY COUNCIL. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. NEW SECTION. 15.291 DEFINITIONS. 1 10 As used in this part, unless the context otherwise 1 11 requires: 1 12 1. "Brownfield site" means an abandoned, idled, or 1 13 underutilized industrial or commercial facility where 1 14 expansion or redevelopment is complicated by real or perceived 1 15 environmental contamination. A brownfield site includes 1 16 property contiguous with the property on which the individual 1 17 or commercial facility is located. A brownfield site shall 1 18 not include property which has been placed or is proposed to 1 19 be included on the national priorities list established 1 20 pursuant to the federal Comprehensive Environmental Response, 1 21 Compensation, and Liability Act, 42 U.S.C. } 9601 et seq. 1 22 2. "Sponsorship" means an agreement between a city or 1 23 county and an applicant for assistance under the brownfield 1 24 redevelopment program where the city or county agrees to offer 1 25 assistance or guidance to the applicant. 1 26 Sec. 2. NEW SECTION. 15.292 BROWNFIELD REDEVELOPMENT 1 27 PROGRAM. 1 28 1. The department shall establish and administer a 1 29 brownfield redevelopment program for purposes of providing 1 30 financial and technical assistance for the acquisition, 1 31 remediation, or redevelopment of brownfield sites. Financial 1 32 assistance under the program shall be provided from the 1 33 brownfield redevelopment fund created in section 15.293. 1 34 Technical assistance under the program shall be in the form of 1 35 providing an applicant with assistance in identifying other 2 1 alternative forms of assistance for which the applicant may be 2 2 eligible. 2 3 2. A person owning a site may apply for assistance under 2 4 the program if the site for which assistance is sought meets 2 5 the definition of a brownfield site and the applicant has 2 6 secured sponsorship prior to applying. Sponsorship is not 2 7 required if the applicant is a city or county. 2 8 3. a. A person who is not an owner of a site may apply 2 9 for financial assistance under the program if the site for 2 10 which financial assistance is sought meets the definition of a 2 11 brownfield site and the applicant has secured sponsorship 2 12 prior to applying. Sponsorship is not required if the 2 13 applicant is a city or county. 2 14 b. Prior to applying for financial assistance under this 2 15 subsection, an applicant shall enter into an agreement with 2 16 the owner of the brownfield site for which financial 2 17 assistance is sought. The agreement shall be submitted with 2 18 an application for financial assistance and shall include, at 2 19 a minimum, the following: 2 20 (1) An agreement regarding the estimated total cost for 2 21 remediating the brownfield site. 2 22 (2) An agreement that the owner shall transfer title of 2 23 the property to the applicant upon completion of the 2 24 remediation of the property. 2 25 (3) An agreement that, upon the subsequent sale of the 2 26 property by the applicant to a person other than the original 2 27 owner, the original owner shall receive not more than seventy- 2 28 five percent of the estimated total cost of remediation. 2 29 c. An applicant shall not receive financial assistance of 2 30 more than twenty-five percent of the agreed upon estimated 2 31 total cost of remediation. 2 32 d. Upon the subsequent sale of the property by the 2 33 applicant to a person other than the original owner, the 2 34 applicant shall repay the department for financial assistance 2 35 received by the applicant. The repayment shall be in an 3 1 amount equal to the sales price less the amount paid to the 3 2 original owner pursuant to the agreement between the applicant 3 3 and the original owner. The repayment amount shall not exceed 3 4 the amount of financial assistance received by the applicant. 3 5 4. An application for assistance under the program shall 3 6 include any information required by the department including, 3 7 but not limited to, all of the following: 3 8 a. A business plan which includes a remediation plan. 3 9 b. A budget for remediating or redeveloping the site. 3 10 c. A statement of purpose describing the intended use of 3 11 and proposed repayment schedule for any financial assistance 3 12 received by the applicant. 3 13 d. Evidence of sponsorship. 3 14 5. In reviewing an application for financial assistance, 3 15 the department and the brownfield redevelopment advisory 3 16 council established in section 15.294 shall consider all of 3 17 the following: 3 18 a. Whether the brownfield site meets the definition of a 3 19 brownfield site. 3 20 b. Whether other alternative forms of assistance exist for 3 21 which the applicant may be eligible. 3 22 6. The board may approve, deny, or defer each application 3 23 for financial assistance from the brownfield redevelopment 3 24 fund created in section 15.293. 3 25 Sec. 3. NEW SECTION. 15.293 BROWNFIELD REDEVELOPMENT 3 26 FUND. 3 27 1. A brownfield redevelopment fund is created in the state 3 28 treasury under the control of the department and consisting of 3 29 any moneys appropriated by the general assembly and any other 3 30 moneys available to and obtained or accepted by the department 3 31 for placement in the fund. 3 32 2. Payments of interest, repayments of moneys loaned 3 33 pursuant to this part, and recaptures of loans shall be 3 34 deposited in the fund. 3 35 3. The fund shall be used to provide grants, loans, 4 1 forgivable loans, loan guarantees, and other forms of 4 2 assistance under the brownfield redevelopment program 4 3 established in section 15.292. 4 4 4. Moneys in the fund are not subject to section 8.33. 4 5 Notwithstanding section 12C.7, interest or earnings on moneys 4 6 in the fund shall be credited to the fund. 4 7 Sec. 4. NEW SECTION. 15.294 BROWNFIELD REDEVELOPMENT 4 8 ADVISORY COUNCIL. 4 9 1. The department shall establish a brownfield 4 10 redevelopment advisory council consisting of five members. 4 11 The advisory council shall be composed of all of the 4 12 following: 4 13 a. The director of the department of economic development, 4 14 or the director's designee. 4 15 b. The director of the department of natural resources, or 4 16 the director's designee. 4 17 c. The director of transportation, or the director's 4 18 designee. 4 19 d. One person selected by the board of directors of the 4 20 Iowa league of cities. 4 21 e. One member of the Iowa economic development board 4 22 selected by the board. 4 23 2. The director of the department of economic development, 4 24 or the director's designee, shall serve as the chairperson of 4 25 the advisory council. 4 26 3. The advisory council shall review each application 4 27 received by the department of economic development for 4 28 assistance under the brownfield redevelopment program and make 4 29 recommendations to the department regarding all of the 4 30 following: 4 31 a. The completeness of the application. 4 32 b. Suggestions for alternative forms of assistance for 4 33 which the applicant may be eligible. The alternative forms of 4 34 assistance may include assistance programs available through 4 35 other departments. 5 1 c. Whether the applicant should receive financial 5 2 assistance from the brownfield redevelopment fund created in 5 3 section 15.293. 5 4 Sec. 5. NEW SECTION. 15.295 RULES. 5 5 The department, in consultation with the department of 5 6 natural resources, shall adopt rules pursuant to chapter 17A 5 7 as necessary to administer this part. 5 8 Sec. 6. RULES. 5 9 1. The state department of transportation shall amend 5 10 existing administrative rules pursuant to chapter 17A for 5 11 local development projects under the revitalize Iowa's sound 5 12 economy fund to include a rating factor for remediation or 5 13 redevelopment of a brownfield site. 5 14 2. The department of economic development shall amend 5 15 existing administrative rules pursuant to chapter 17A for 5 16 projects under the community economic betterment program to 5 17 include a rating factor for remediation or redevelopment of a 5 18 brownfield site. 5 19 5 20 5 21 5 22 BRENT SIEGRIST 5 23 Speaker of the House 5 24 5 25 5 26 5 27 MARY E. KRAMER 5 28 President of the Senate 5 29 5 30 I hereby certify that this bill originated in the House and 5 31 is known as House File 2423, Seventy-eighth General Assembly. 5 32 5 33 5 34 5 35 ELIZABETH ISAACSON 6 1 Chief Clerk of the House 6 2 Approved , 2000 6 3 6 4 6 5 6 6 THOMAS J. VILSACK 6 7 Governor
Text: HF02422 Text: HF02424 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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