CHAPTER 32
IOWA JOBS PROGRAM
265—32.1(16,83GA,SF376) Purpose. The Iowa jobs board is charged by the Iowa legislature and the governor with establishing, overseeing and providing approval of the administration of the Iowa jobs program. The board will encourage and support public construction projects relating to disaster relief and mitigation and to local infrastructure.
[ARC 7941B, IAB 7/15/09, effective 6/15/09]
265—32.2(16,83GA,SF376) Definitions. When used in this chapter, the following definitions apply unless the context otherwise requires:
“Authority” or “IFA” means the Iowa finance authority.
“Board” means the Iowa jobs board as established in 2009 Iowa Acts, Senate File 376, section 5.
“Disaster” means the severe storms, tornadoes, and flooding that occurred in Iowa between May 25, 2008, and August 13, 2008, and designated by FEMA as FEMA-1763-DR; additionally, the Iowa jobs board may, by resolution, designate an event that occurs subsequent to June 15, 2009, as a disaster.
“Financial feasibility” means the ability of a project, once completed, to be maintained and operated for its useful life with funds either generated by the project itself or from an identifiable source of funds available for such purpose.
“Future flood prevention” means measures intended to mitigate or lessen the damages caused by future flooding.
“Indirect jobs” means jobs created by suppliers of materials used in the construction or operation of the project.
“Induced jobs” means jobs collaterally created throughout the economy by a project as employed workers and firms buy other goods and services.
“Iowa jobs program review committee” or “review committee” means the committee established by 2009 Iowa Acts, Senate File 376, section 9(2), and constituted as described in this chapter.
“Local infrastructure” means:
	1.	Projects relating to disaster rebuilding;
	2.	Reconstruction and replacement of local public buildings;
	3.	Flood control and flood protection; and
	4.	Future flood prevention.
“Local infrastructure” does not include routine, recurring maintenance or operational expenses or leasing of a building, appurtenant structure, or utility without a lease-purchase agreement.
“Local support” means endorsement of a proposed project by local individuals, organizations, or governmental bodies that have a substantial interest in a project.
“Program” means the Iowa jobs program established in 2009 Iowa Acts, Senate File 376, sections 5 to 12.
“Public construction project” means a project for the construction of local infrastructure by a county, city, or public organization.
“Public organization” means a nonprofit organization that sponsors or supports the public needs of one or more local Iowa communities and that was in operation prior to January 1, 2009; provided that (1) such organization is described in Section 501(c)(3) or 501(c)(4) of the Internal Revenue Code and is exempt from federal tax under Section 501(a) of the Internal Revenue Code, and (2) such organization is determined by the board not to be affiliated with or controlled by a for-profit organization.
“Recipient” means an entity under contract with the Iowa jobs board to receive Iowa jobs funds and undertake a funded project.
“Sustainability” means the use, development, and protection of resources at a rate and in a manner that enables people to meet their current needs while allowing future generations to meet their own needs; “sustainability” requires simultaneously meeting environmental, economic and community needs.
[ARC 7941B, IAB 7/15/09, effective 6/15/09]
265—32.3(16,83GA,SF376) Allocation of funds. All Iowa jobs funds shall be awarded and used as specified in 2009 Iowa Acts, Senate File 376, and these rules. Any portion of an amount allocated for projects that remains unexpended or unencumbered one year after the allocation has been made by the board may be reallocated by the board to another project category, at the discretion of the board. All bond proceeds shall be expended within three years from when the allocation was initially made. The total amount of allocations for future flood prevention, reconstruction and replacement of local public buildings, disaster rebuilding, flood control and flood protection projects (pursuant to the local infrastructure competitive grant program) shall not exceed $165 million for the fiscal year beginning July 1, 2009.
[ARC 7941B, IAB 7/15/09, effective 6/15/09]
265—32.4(16,83GA,SF376) Local infrastructure competitive grant program. The board shall assist in the development and completion of public construction projects relating to disaster relief and mitigation and to local infrastructure by overseeing and providing approval of the administration of a local infrastructure competitive grant program, as set forth herein.
	32.4(1) Iowa jobs program review committee. The Iowa jobs program review committee shall comprise five members, consisting of the following members of the Iowa jobs board: three of the general public members, as appointed to the review committee by the Iowa jobs chair, the executive director of the Iowa finance authority (or designee), and the director of Iowa workforce development (or designee). The review committee shall comply with Iowa Code chapter 21 and with Iowa Code sections 69.16 and 69.16A. From its public members, the review committee shall elect a chair and a vice chair. Two-thirds of the review committee members eligible to vote shall constitute a quorum authorized to act in the name of the review committee.
	32.4(2) Eligible applicants. Eligible applicants for Iowa jobs local infrastructure competitive grant program funds shall be Iowa cities, Iowa counties, and public organizations.
	32.4(3) Eligible projects and forms of assistance. For a project to be eligible to receive a competitive grant from the board, the project must be a public construction project in the state of Iowa with a demonstrated substantial local, regional, or statewide economic impact. Financial assistance shall be awarded only in the form of grants. An applicant for a competitive grant shall not receive more than $50 million in financial assistance from the Iowa jobs restricted capitals fund.
	a. 	Any award of a competitive grant to a project shall be limited as follows:
	(1)	Up to 75 percent of the total cost of a project for replacing or rebuilding existing disaster-related damaged property; or
	(2)	Up to 50 percent of the total cost for all other projects.
	b. 	The authority, with the approval of the chair and vice chair of the Iowa jobs board, shall have the ability to make technical corrections to an award that are within the intent of the terms of a board-approved award.
	32.4(4) Ineligible projects. The board shall not approve an application for a competitive grant for either of the following purposes:
	a. 	To refinance a loan existing prior to the date of the initial financial assistance application.
	b. 	For a project that has previously received financial assistance under the program, unless the applicant demonstrates that the financial assistance would be used for a significant expansion of such a project.
	32.4(5) Threshold application requirements. To be considered for a competitive grant, an application shall meet all of the following threshold requirements:
	a. 	Prior to filing an application, the applicant must file, on the form and in the manner prescribed by the authority, a notice of intent to apply not less than 20 days prior to submitting its application;
	b. 	The application must be submitted by an eligible applicant, must be complete and on forms or in the format specified for such purpose by the authority (the authority may, in its discretion, require the use of a Web-based application format), and must be received by the authority by the applicable deadline;
	c. 	The proposed project must be for the development and completion of one or more public construction projects relating to disaster relief and mitigation or to local infrastructure;
	d. 	There must be demonstrated local support for the proposed project;
	e. 	The proposed public construction project must have a demonstrated substantial local, regional, or statewide economic impact; and
	f. 	The application must coordinate any federal funds with state, local, and private funds and shall avoid any duplication of benefits that would limit or cause the loss of federal funding.
Prior to submitting an application to the review committee, the authority may contact the applicant to clarify information contained in the application. An application may be amended one time prior to being sent to the review committee. Applications may be otherwise amended with the approval of a majority of the review committee.
	32.4(6) Application procedure.
	a. 	Applications shall be reviewed and scored in rounds. The deadline for submission for the first round of applications shall be August 3, 2009. Subsequent rounds shall be quarterly. Applications for each such round shall be due not later than January 1, April 1, July 1, and October 1 of each year, respectively.
	b. 	Subject to availability of funds, applications will be reviewed by IFA staff on an ongoing basis. Applications will be reviewed by staff for completeness and eligibility. If additional information is required, the applicant shall be requested, in writing, to submit additional information. For applications that meet the threshold requirements, authority staff shall submit to the members of the review committee a copy of the application along with a review, analysis, and evaluation of complete applications.
	c. 	The review committee members will score the applications according to the criteria set forth in subrule 32.4(7), and IFA staff shall compile the scores. To be eligible for a grant, a proposed project must receive a minimum score of at least 100 points. The review committee shall meet at least quarterly to review the ratings. Those applications meeting the minimum criteria shall be referred to the Iowa jobs board with a recommendation of final approval, denial, or deferral.
	d. 	Once an application has been referred to the Iowa jobs board, the applicant may, upon request of the applicant and at the discretion of the chair of the board, make a presentation to the board. The board may impose reasonable limitations on the length and format of such presentations.
	e. 	If the board determines that an application should be approved, the board shall send the application to negotiations. Negotiations shall be conducted by IFA staff, who may work in cooperation with members of the Iowa jobs board. The negotiators shall negotiate the terms and conditions of a grant agreement to recommend to the board.
	f. 	Following negotiations, the negotiating team shall report back to the Iowa jobs board as to whether it was able to agree with the applicant on the terms of a proposed grant agreement and, if so, the proposed terms and conditions resulting from the negotiations. The Iowa jobs board shall then vote, without further substantive revision, on whether to agree to the negotiated terms.
	g. 	If the negotiated terms are agreed to by the Iowa jobs board, a grant agreement memorializing the negotiated terms shall be executed by the chair or vice chair of the Iowa jobs board.
	h. 	Application resources for the Iowa jobs program are available at the Iowa jobs Web site: www.ijobsiowa.gov.
	i. 	IFA may provide technical assistance as necessary to applicants. IFA staff may conduct on-site evaluations of proposed projects.
	32.4(7) Application review criteria. The Iowa jobs program review committee shall evaluate and rank applications based on the following criteria:
	a. 	The total number and quality of jobs to be created and the benefits likely to accrue to areas distressed by high unemployment (0-40 points). The number of jobs created and other measures of economic impact to areas distressed by high unemployment, including long-term tax generation, shall be evaluated. Rating factors for this criterion include, but are not necessarily limited to, the following:
	(1)	Number of jobs. The number of jobs reasonably projected to be created or retained and the number of hours anticipated for each such job shall be compared and ranked.
	(2)	Quality of jobs. The wages to be paid for each position to be created or retained, the average benefits (including health benefits) to be provided, as well as other subjective qualitative factors, such as work conditions and safety, shall be compared and ranked.
	(3)	Other benefits likely to accrue to areas distressed by high unemployment, such as the degree to which the project enhances the quality of life in a region and contributes to the community’s efforts to retain and attract a skilled workforce.
In order to be eligible for funding, proposals must score at least 20 points on this criterion.
	b. 	Financial feasibility, including the ability of projects to fund depreciation costs or replacement reserves, and the availability of other federal, state, local, and private sources of funds (0-40 points). The feasibility of the proposed project shall be evaluated. Rating factors for this criterion include, but are not limited to, the following:
	(1)	A financial analysis of the project, which shall include a description of sources of funding, project budget, and detailed projections of the project’s revenues and expenses for the projected useful life of the project;
	(2)	An analysis of the operational plan, which shall provide detailed information about how the proposed project will be operated and maintained, including a time line for implementing the project;
	(3)	The availability of other federal, state, local, and private sources of funds for the project.
In order to be eligible for funding, proposals must score at least 20 points on this criterion.
	c. 	Sustainability and energy efficiency. The sustainability and energy efficiency of the proposed project shall be evaluated. Rating factors for this criterion include, but are not limited to, the following:
	(1)	Sustainability (0-20 points). The extent to which the project has taken sustainability planning principles into consideration.
	1.	The project shall be evaluated based on the following specific factors:
	●	Efficient and effective use of land resources and existing infrastructure by encouraging compact development in areas with existing infrastructure or capacity to avoid costly duplication of services and costly use of land; conservation of open space and farmland and preservation of critical environmental areas; and promotion of the safety, livability, and revitalization of existing urban and rural communities. Compact development maximizes public infrastructure investment and promotes mixed uses, greater density, bicycle and pedestrian networks, and interconnection with the existing street grid.
	●	Provision for a variety of transportation choices, including public transit and pedestrian and bicycle traffic.
	●	Construction and promotion of developments, buildings, and infrastructure that conserve natural resources by reducing waste and pollution through efficient use of land, energy, water, and materials.
	●	Capture, retention, infiltration and harvesting of rainfall using storm water best management practices such as permeable pavement, bioretention cells, bioswales, and rain gardens to protect water resources.
	●	The extent to which project design, construction, and use incorporate renewable energy sources including, but not limited to, solar, wind, geothermal, and biofuels, and support the following state of Iowa plans and goals: (1) office of energy independence’s Iowa energy independence plan; and (2) general reduction of greenhouse gas emissions.
	2.	Alternatively, in lieu of being evaluated on each of the criteria set forth above, projects which receive certification (either platinum level, gold level, silver level, or basic LEED certification) from the United States Green Building Council in the Leadership in Energy and Environmental Design (LEED) Green Building Rating System version 3.0, and which comply with the requirements of ASHRAE 90.1-2007, Energy Standard for Buildings Except Low-Rise Residential Buildings, published by the American Society of Heating, Refrigerating and Air-Conditioning Engineers, 1791 Tullie Circle, N.E., Atlanta, GA 30329, shall receive 20 points.
	(2)	Energy efficiency (0-20 points). The extent to which the project has taken energy efficiency planning principles into consideration.
	1.	In the case of new construction, whether the project meets the current state building energy code. The application for the project must include a letter from the engineer or architect to IFA certifying whether the proposed construction meets the current state building energy code. Additionally, the application should address whether the proposed project meets energy star standards. If the project is of such a nature that the current state building energy code does not apply to it, the letter shall so state.
	2.	In the case of rehabilitation of existing structures, an energy audit conducted by a certified energy rater should be provided on each building prior to the preparation of the final work rehabilitation order to determine the feasibility of meeting the requirements of the current state building energy code and energy star standards prior to the start of the rehabilitation. If it is determined to be feasible to meet the current state building energy code standards and energy star standards, appropriate specifications will be written into the work order. If it is not feasible to meet the requirements of the current state building energy code and energy star standards (or either of them), the application will provide information indicating what effective and cost-effective energy improvements will be included as a part of the rehabilitation project.
	d. 	Benefits for disaster recovery (0-40 points). The likely benefits for disaster recovery of the proposed project shall be evaluated. Wherever applicable, rating factors for this criterion include, but are not limited to, the following:
	(1)	Whether the proposed project replaces or repairs a structure or facility damaged by the disaster and incorporates measures for reducing or eliminating future disaster losses;
	(2)	Whether the proposed project would help achieve the community's or region’s overall post-disaster recovery vision;
	(3)	Whether the proposed project benefits the economic recovery of individuals, businesses, or nonprofit organizations.
	e. 	The project's readiness to proceed (0-40 points). The readiness of the project to proceed shall be evaluated. Wherever applicable, rating factors for this criterion include, but are not limited to, the following:
	(1)	Whether all engineering and architectural work required for construction to begin has been completed;
	(2)	Whether all financing for the project (other than competitive grant funds awarded under this chapter) has been committed and is available;
	(3)	Whether all real property interests (including easements and temporary construction easements) necessary for the construction of the project have been acquired;
	(4)	Whether all necessary governmental approvals, at the federal, state, and local levels (including, but not limited to, zoning variances, building permits, approval from the Army Corps of Engineers, etc.), have been obtained;
	(5)	Whether the project has demonstrated a reasonable likelihood of incurring at least 10 percent of the project’s total projected development cost within three months of execution of the grant award agreement.
	f. 	General scoring criteria.
	(1)	In instances where a given criterion is not applicable to a proposed project due to the nature of the project, the review committee members may adjust scoring so that the project is not disadvantaged as a result of the inapplicable criterion. For example, if an earthen levee is proposed as a means of flood control, it should not lose points relative to other proposed projects because it does not comply with the current state building energy code (which does not apply to earthen levees).
	(2)	Any proposed project that is identified in an Iowa great places agreement, pursuant to Iowa Code section 303.3C, shall have an additional two points added to its cumulative point total.
[ARC 7941B, IAB 7/15/09, effective 6/15/09]
265—32.5(16,83GA,SF376) Noncompetitive grants.
	32.5(1) The board shall award $46,500,000 as follows for disaster relief and mitigation and local infrastructure grants for the following renovation and construction projects, notwithstanding any limitation on the state's percentage participation in funding as contained in Iowa Code section 29C.6(17):
	a. 	For grants to a county with a population between 189,000 and 196,000 in the latest preceding certified federal census, to be distributed as follows:
	(1)	Ten million dollars for the construction of a new, shared facility between nonprofit human service organizations serving the public, especially the needs of low-income Iowans, including those displaced as a result of the disaster of 2008.
	(2)	Five million dollars for the construction or renovation of a facility for a county-funded workshop program serving the public and particularly persons with mental illness or developmental disabilities.
	b. 	For grants to a city with a population between 110,000 and 120,000 in the latest preceding certified federal census, to be distributed as follows:
	(1)	Five million dollars for an economic redevelopment project benefiting the public by improving energy efficiency and the development of alternative and renewable energy technologies.
	(2)	Ten million dollars for a museum serving the public and dedicated to the preservation of an eastern European cultural heritage through the collection, exhibition, preservation, and interpretation of historical artifacts.
	(3)	Five million dollars for a theater serving the public and promoting culture, entertainment, and tourism.
	(4)	Five million dollars for a public library.
	(5)	Five million dollars for a public works building.
	c. 	One million five hundred thousand dollars, to be distributed as follows:
	(1)	Five hundred thousand dollars to a city with a population between 600 and 650 in the latest preceding certified federal census, for a public fire station.
	(2)	Five hundred thousand dollars to a city with a population between 1,400 and 1,500 in the latest preceding certified federal census, for a public fire station.
	(3)	Five hundred thousand dollars for a city with a population between 7,800 and 7,850, for a public fire station.
	32.5(2) Noncompetitive grant awards are contingent upon submission of a plan for each project by the applicable county or city governing board or, in the case of a project submitted pursuant to subparagraph 32.5(1)“b”(2), by the board of directors, to the Iowa jobs board no later than September 1, 2009, detailing a description of the project, the plan to rebuild, and the amount or percentage of federal, state, local, or private matching moneys which will be or have been provided for the project. Funds not utilized in accordance with this rule due to failure to submit a plan by the September 1 deadline shall revert to the Iowa jobs restricted capitals fund to be available for local infrastructure competitive grants.
	32.5(3) A grant recipient under subparagraph 32.5(1)“b”(2) shall not be precluded from applying for a local infrastructure competitive grant pursuant to this rule and 2009 Iowa Acts, Senate File 376, section 9.
[ARC 7941B, IAB 7/15/09, effective 6/15/09]
265—32.6(16,83GA,SF376) General grant conditions. As a condition of receipt of Iowa jobs funds, recipients shall agree, at a minimum, to all of the following:
	32.6(1) Documentation of jobs created or retained. Following the receipt of grant funds pursuant to this chapter and for two years following the completion of the project, each recipient shall report to the authority quarterly the actual number of jobs created as a result of the project along with other information relating to the quality of such jobs, including hours and wages, as requested by the authority.
	32.6(2) Recipient obligations. In the event a recipient fails to comply with the requirements of this program or the recipient's grant agreement, the board may cancel the recipient’s grant and require the return of any grant funds previously disbursed pursuant to this program. Recipients shall agree to hold harmless and to indemnify the Iowa jobs board, the authority, the state of Iowa, and their officers, employees and agents from any claims, costs or liabilities arising out of the development or operation of the project.
	32.6(3) Grant acknowledgment. Each project shall recognize in a prominent location and manner the fact that the project was made possible, in part, through a grant from the Iowa jobs program. During the construction period the recognition (including a display of the Iowa jobs logo) may be located on temporary signage. The completed project shall feature a permanent acknowledgment, such as a plaque or a similar commemoration. Other benefactors of the project may be similarly acknowledged as well.
	32.6(4) Use of Iowa jobs Web site. All positions that need to be filled for a project shall be posted on Iowa workforce development’s Iowa jobs Web site: www.iowajobs.org/.
[ARC 7941B, IAB 7/15/09, effective 6/15/09]
265—32.7(16,83GA,SF376) Calculation of jobs created. For purposes of this chapter, new employment positions created and filled (or to be created and filled) as a result of the project and existing positions that would not have been continued were it not for Iowa jobs funding shall be counted when estimating the number of jobs to be created during the application process and when counting the number of actual jobs created in post-grant reporting. Both permanent and temporary positions filled by the grantee, a contractor, or a subcontractor (or sub-subcontractor, etc.), including construction work, shall be counted. To be counted, a position must be compensated. Indirect jobs and induced jobs shall not be counted.
[ARC 7941B, IAB 7/15/09, effective 6/15/09]
265—32.8(16,83GA,SF376) Grant awards. The Iowa jobs board may fund a component of a proposed project if the entire project does not qualify for funding. The board shall review awards made to ensure geographic diversity. In order to promote geographic diversity, the board may defer grant decisions on applications from areas which have received previous grant awards to allow applications from other parts of the state to be considered.
[ARC 7941B, IAB 7/15/09, effective 6/15/09]
265—32.9(16,83GA,SF376) Administration of awards.
	32.9(1) A grant agreement shall be executed between successful applicants (under both the competitive and noncompetitive grant programs) and the Iowa jobs board. These rules and applicable state laws and regulations shall be part of the contract. The board reserves the right to negotiate wage rates as well as other terms and conditions of the contract.
	32.9(2) The recipient must execute and return the contract to the Iowa jobs board within 45 days of transmittal of the final contract from the Iowa jobs board. Failure to do so may be cause for the Iowa jobs board to terminate the award.
	32.9(3) Certain projects may require that permits or clearances be obtained from other state, local, or federal agencies before the activity may proceed. Awards may be conditioned upon the timely completion of these requirements.
	32.9(4) Awards may be conditioned upon commitment of other sources of funds necessary to complete the project.
	32.9(5) Any substantive change to a contract shall be considered an amendment. Substantive changes include time extensions, budget revisions, and significant alterations that change the scope, location, objectives or scale of an approved project. Amendments must be requested in writing by the recipient and are not considered effective until approved by the Iowa jobs board and confirmed in writing by IFA staff following the procedure specified in the contract between the recipient and the Iowa jobs board.
[ARC 7941B, IAB 7/15/09, effective 6/15/09]
These rules are intended to implement Iowa Code section 16.5(1)“r” and 2009 Iowa Acts, Senate File 376, sections 5 to 12.
[Filed Emergency ARC 7941B, IAB 7/15/09, effective 6/15/09]