Senate
File
2311
H-8417
Amend
the
amendment,
H-8340,
to
Senate
File
2311,
as
1
amended,
passed,
and
reprinted
by
the
Senate,
as
follows:
2
1.
By
striking
page
1,
line
1,
through
page
2,
line
21,
and
3
inserting:
4
<
Amend
Senate
File
2311,
as
amended,
passed,
and
reprinted
5
by
the
Senate,
as
follows:
6
1.
By
striking
everything
after
the
enacting
clause
and
7
inserting:
8
<
Section
1.
Section
28F.1,
subsection
1,
Code
2018,
is
9
amended
to
read
as
follows:
10
1.
This
chapter
provides
a
means
for
the
joint
financing
11
by
public
agencies
of
works
or
facilities
useful
and
necessary
12
for
the
collection,
treatment,
purification,
and
disposal
13
in
a
sanitary
manner
of
liquid
and
solid
waste,
sewage,
14
and
industrial
waste,
facilities
used
for
the
conversion
of
15
solid
waste
to
energy,
gasworks
and
facilities
useful
for
16
the
delivery
of
natural
gas
service,
and
also
electric
power
17
facilities
constructed
within
the
state
of
Iowa,
except
that
18
hydroelectric
power
facilities
may
also
be
located
in
the
19
waters
and
on
the
dams
of
or
on
land
adjacent
to
either
side
20
of
the
Mississippi
or
Missouri
river
bordering
the
state
of
21
Iowa,
water
supply
systems,
swimming
pools
or
golf
courses.
22
This
chapter
applies
to
the
acquisition,
construction,
23
reconstruction,
ownership,
operation,
repair,
extension,
24
or
improvement
of
such
works
or
facilities,
by
a
separate
25
administrative
or
legal
entity
created
pursuant
to
chapter
26
28E
or
chapter
389
.
When
the
legal
entity
created
under
27
this
chapter
is
comprised
solely
of
cities,
counties,
and
28
sanitary
districts
established
under
chapter
358
,
or
any
29
combination
thereof
or
any
combination
of
the
foregoing
with
30
other
public
agencies,
the
entity
shall
be
both
a
corporation
31
and
a
political
subdivision
with
the
name
under
which
it
was
32
organized.
The
legal
entity
may
sue
and
be
sued,
contract,
33
acquire
and
hold
real
and
personal
property
necessary
for
34
corporate
purposes,
adopt
a
corporate
seal
and
alter
the
seal
35
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#1.
at
pleasure,
and
execute
all
the
powers
conferred
in
this
1
chapter
.
2
Sec.
2.
Section
28F.11,
Code
2018,
is
amended
to
read
as
3
follows:
4
28F.11
Eminent
domain.
5
Any
public
agency
participating
in
an
agreement
authorizing
6
the
joint
exercise
of
governmental
powers
pursuant
to
this
7
chapter
may
exercise
its
power
of
eminent
domain
to
acquire
8
interests
in
property,
under
provisions
of
law
then
in
effect
9
and
applicable
to
the
public
agency,
for
the
use
of
the
entity
10
created
to
carry
out
the
agreement,
provided
that
the
power
of
11
eminent
domain
is
not
used
to
acquire
interests
in
property
12
which
is
part
of
a
system
of
facilities
in
existence,
under
13
construction,
or
planned,
for
the
generation,
transmission
14
or
sale
of
electric
power
,
or
for
the
transmission,
15
transportation,
or
sale
of
natural
gas
.
In
the
exercise
16
of
the
power
of
eminent
domain,
the
public
agency
shall
17
proceed
in
the
manner
provided
by
chapter
6B
.
Any
interests
18
in
property
acquired
are
acquired
for
a
public
purpose,
as
19
defined
in
chapter
6A
,
of
the
condemning
public
agency,
and
the
20
payment
of
the
costs
of
the
acquisition
may
be
made
pursuant
21
to
the
agreement
or
to
any
separate
agreement
between
the
22
public
agency
and
the
entity
or
the
other
public
agencies
23
participating
in
the
entity
or
any
of
them.
Upon
payment
of
24
costs,
any
property
acquired
is
the
property
of
the
entity.
>>
25
2.
Page
5,
after
line
16
by
inserting:
26
<
c.
A
municipally-owned
utility
or
a
utility
required
to
be
27
rate-regulated
that
automatically
adjusts
rates
or
charges
to
28
increase
consumer
costs
shall
be
subjected
to
a
random
audit
29
by
the
board
or
the
office
of
the
consumer
advocate
and
shall
30
report
to
the
board
and
the
office
of
the
consumer
advocate
how
31
such
increase
in
consumer
costs
is
spent
by
the
utility.
>
32
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