House File 655 H-1336 Amend House File 655 as follows: 1 1. Page 1, before line 1 by inserting: 2 < DIVISION I 3 WIRELESS COMMUNICATIONS FACILITIES AND INFRASTRUCTURE 4 APPLICATIONS > 5 2. Page 13, after line 27 by inserting: 6 < DIVISION ___ 7 REINVESTMENT DISTRICTS AND FLOOD MITIGATION 8 Sec. ___. Section 15J.4, subsection 3, paragraph a, 9 Code 2015, is amended to read as follows: 10 a. The municipality shall submit a copy of the 11 resolution, the proposed district plan, and all 12 accompanying materials adopted pursuant to this section 13 to the board for evaluation. The board shall not 14 approve a proposed district plan or an amendment to an 15 existing district’s plan on or after July 1, 2018. 16 Sec. ___. Section 28F.12, Code 2015, is amended to 17 read as follows: 18 28F.12 Additional powers of the entity. 19 1. If the entity is comprised solely of cities, 20 counties, and sanitary districts established under 21 chapter 358 , or any combination thereof, the entity 22 shall have in addition to all the powers enumerated in 23 this chapter , the powers which that a county has with 24 respect to solid waste disposal projects. 25 2. If the entity is comprised solely of cities, 26 counties, and sanitary districts established under 27 chapter 358, or any combination thereof, it is a 28 governmental entity with respect to projects undertaken 29 pursuant to chapter 418 and may exercise all of the 30 powers of a governmental entity under that chapter in 31 connection with the flood mitigation project. Unless 32 otherwise provided in chapter 418, if undertaking a 33 flood mitigation project as a governmental entity 34 under chapter 418, the provisions of chapter 418 shall 35 prevail over any conflicting provision in this chapter. 36 Sec. ___. Section 418.1, subsection 4, paragraph c, 37 unnumbered paragraph 1, Code 2015, is amended to read 38 as follows: 39 A joint board or other legal or administrative 40 entity established or designated in an agreement 41 pursuant to chapter 28E or 28F between any of the 42 following: 43 Sec. ___. Section 418.1, subsection 4, paragraph 44 c, Code 2015, is amended by adding the following new 45 subparagraph: 46 NEW SUBPARAGRAPH . (4) One or more counties, one or 47 more cities that are located in whole or in part within 48 those counties, and one or more sanitary districts 49 established under chapter 358 or a combined water and 50 -1- HF655.1882 (2) 86 ad/sc 1/ 5 #1. #2.
sanitary district as provided for in sections 357.1B 1 and 358.1B, located in whole or in part within those 2 counties. 3 Sec. ___. Section 418.4, subsection 1, paragraph b, 4 Code 2015, is amended to read as follows: 5 b. A governmental entity as defined in section 6 418.1, subsection 4 , paragraph “c” , shall have the 7 power to construct, acquire, own, repair, improve, 8 operate, and maintain a project, may sue and be sued, 9 contract, and acquire and hold real and personal 10 property, subject to the limitation in paragraph 11 “c” , and shall have such other powers as may be 12 included in the chapter 28E or 28F agreement. Such a 13 governmental entity may contract with a city or the 14 county participating in the chapter 28E agreement 15 to perform any governmental service, activity, or 16 undertaking that the city or county is authorized by 17 law to perform, including but not limited to contracts 18 for administrative services. 19 Sec. ___. Section 418.11, subsection 3, paragraph 20 c, Code 2015, is amended to read as follows: 21 c. For projects approved for a governmental 22 entity as defined in section 418.1, subsection 4 , 23 paragraph “c” , the area used to determine the sales 24 tax increment shall include the incorporated areas 25 of each participating city that is participating in 26 the chapter 28E agreement , the unincorporated areas 27 of the each participating county, and the area of any 28 participating drainage district not otherwise included 29 in the areas of the participating cities or county, and 30 the area served by any sanitary district or combined 31 water and sanitary district and not otherwise included 32 in the areas of the participating cities or counties, 33 as applicable. 34 Sec. ___. Section 418.11, subsection 3, Code 2015, 35 is amended by adding the following new paragraph: 36 NEW PARAGRAPH . d. For all projects, the area used 37 to determine the sales tax increment shall not include 38 any parcels of real property that are included in a 39 reinvestment district designated pursuant to chapter 40 15J. 41 Sec. ___. Section 418.14, subsection 3, paragraph 42 a, Code 2015, is amended to read as follows: 43 a. Except as otherwise provided in this section , 44 bonds issued pursuant to this section shall not be 45 subject to the provisions of any other law or charter 46 relating to the authorization, issuance, or sale of 47 bonds. Bonds issued under this section shall not limit 48 or restrict the authority of a governmental entity as 49 defined in section 418.1, subsection 4 , paragraphs 50 -2- HF655.1882 (2) 86 ad/sc 2/ 5
“a” and “b” , or a city, county, or drainage district , 1 sanitary district, or combined water and sanitary 2 district participating in a governmental entity as 3 defined in section 418.1, subsection 4 , paragraph “c” , 4 to issue bonds for the project under other provisions 5 of the Code. 6 Sec. ___. Section 418.14, subsection 4, paragraph 7 b, Code 2015, is amended to read as follows: 8 b. If the moneys in the governmental entity’s 9 flood project fund are insufficient to pay the 10 governmental entity’s costs related to bonds, notes, 11 or other obligations issued under this chapter , the 12 amounts necessary to pay such costs may be levied and 13 transferred for deposit in the governmental entity’s 14 flood project fund from the debt service fund of 15 the governmental entity or, if applicable, the debt 16 service fund of a participating city or county for 17 a governmental entity as defined in section 418.1, 18 subsection 4 , paragraph “c” , but only if and to the 19 extent provided in the resolution authorizing the 20 issuance of bonds and, if applicable, the chapter 28E 21 or 28F agreement. 22 Sec. ___. Section 418.15, subsection 4, Code 2015, 23 is amended to read as follows: 24 4. All property and improvements acquired by 25 a governmental entity as defined in section 418.1, 26 subsection 4 , paragraph “c” , relating to a project 27 shall be transferred to the county, city, or drainage 28 district , sanitary district, or combined water and 29 sanitary district designated in the chapter 28E or 28F 30 agreement to receive such property and improvements. 31 The county, city, or drainage district , sanitary 32 district, or combined water and sanitary district to 33 which such property or improvements are transferred 34 shall, unless otherwise provided in the chapter 35 28E or 28F agreement, be solely responsible for the 36 ongoing maintenance and support of such property and 37 improvements. 38 Sec. ___. Section 423.2, subsection 11, paragraph 39 b, Code 2015, is amended by adding the following new 40 subparagraph: 41 NEW SUBPARAGRAPH . (05) Beginning the first day 42 of the calendar quarter beginning on the reinvestment 43 district’s commencement date, subject to remittance 44 limitations established by the economic development 45 authority board pursuant to section 15J.4, subsection 46 3, transfer to a district account created in the state 47 reinvestment district fund for each reinvestment 48 district established under chapter 15J, the amount of 49 new state sales tax revenue, determined in section 50 -3- HF655.1882 (2) 86 ad/sc 3/ 5
15J.5, subsection 1, paragraph “b” , in the district, 1 that remains after the prior transfers required 2 under this paragraph “b” . Such transfers shall cease 3 pursuant to section 15J.8. 4 Sec. ___. Section 423.2, subsection 11, paragraph 5 b, subparagraph (6), Code 2015, is amended by striking 6 the subparagraph. 7 Sec. ___. Section 423.2, Code 2015, is amended by 8 adding the following new subsection: 9 NEW SUBSECTION . 11A. Of the amount of sales tax 10 revenue actually transferred per quarter pursuant to 11 subsection 11, paragraph “b” , subparagraphs (05) and 12 (5), the department shall retain an amount equal to 13 the actual cost of administering the transfers under 14 subsection 11, paragraph “b” , subparagraphs (05) and 15 (5), or twenty-five thousand dollars, whichever is 16 less. The amount retained by the department pursuant 17 to this subsection shall be divided pro rata each 18 quarter between the amounts that would have been 19 transferred pursuant to subsection 11, paragraph “b” , 20 subparagraphs (05) and (5), without the deduction made 21 by operation of this subsection. Revenues retained by 22 the department pursuant to this subsection shall be 23 considered repayment receipts as defined in section 24 8.2. 25 Sec. ___. EFFECTIVE UPON ENACTMENT. This division 26 of this Act, being deemed of immediate importance, 27 takes effect upon enactment. 28 Sec. ___. RETROACTIVE AND OTHER APPLICABILITY. 29 1. Except as provided in subsection 3, this 30 division of this Act applies retroactively to 31 reinvestment districts designated under chapter 15J in 32 existence on or after July 1, 2014. 33 2. Except as provided in subsection 3, this 34 division of this Act applies to flood mitigation 35 project plan applications received under chapter 36 418 before, on, or after the effective date of this 37 division of this Act. 38 3. The sections of this division of this Act 39 amending section 423.2, subsection 11, and enacting 40 section 423.2, subsection 11A, apply to transfers of 41 sales tax revenues made on or after July 1, 2015. > 42 3. Title page, by striking lines 1 and 2 and 43 inserting < An Act relating to community development 44 by establishing application rules and limitations for 45 wireless communications facilities and infrastructure 46 and modifying provisions related to reinvestment 47 districts and flood mitigation projects, and including 48 effective date and retroactive and other applicability 49 provisions. > 50 -4- HF655.1882 (2) 86 ad/sc 4/ 5
4. By renumbering as necessary. 1 ______________________________ NUNN of Polk -5- HF655.1882 (2) 86 ad/sc 5/ 5 #4.