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House File 2423

Partial Bill History

Bill Text

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
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Bills and Amendments: General Index     Bill History: General Index

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