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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