House
File
2450
H-8189
Amend
House
File
2450
as
follows:
1
1.
By
striking
everything
after
the
enacting
clause
and
2
inserting:
3
<
DIVISION
I
4
ECONOMIC
DEVELOPMENT
PROGRAMS
5
Section
1.
Section
15.106B,
subsection
5,
paragraph
b,
Code
6
2024,
is
amended
by
striking
the
paragraph.
7
Sec.
2.
NEW
SECTION
.
15.106E
Application
or
award
——
8
prohibition.
9
1.
The
authority
may
prohibit
a
person
from
receiving
an
10
award
of
financial
assistance,
or
from
being
selected
as
a
11
vendor
to
provide
goods
or
services
to
the
authority
in
any
of
12
the
following
circumstances:
13
a.
An
act
or
omission
by
the
person
seriously
affects
or
14
threatens
public
health,
public
safety,
or
the
environment.
15
b.
The
person
is
charged
with
or
convicted
of
a
crime
16
involving
dishonesty.
17
c.
An
act
or
omission
by
the
person
indicates
a
lack
of
18
integrity
or
honesty.
19
d.
The
person
violates
the
terms
of
an
agreement
or
20
transaction
that
detrimentally
impacts
the
integrity
of
a
21
program
administered
by
the
authority,
or
other
governmental
22
entity
as
defined
in
section
8A.101.
23
e.
A
compelling
cause
exists
that
is
relevant
to
and
affects
24
the
person’s
obligations
under
the
programs
administered
by
the
25
authority,
or
is
relevant
to
and
affects
the
provision
of
goods
26
and
services
to
the
authority
by
a
vendor.
27
2.
Upon
a
determination
by
the
authority,
a
person
shall
28
be
prohibited
from
receiving
an
award
of
financial
assistance,
29
or
from
being
selected
as
a
vendor
pursuant
to
subsection
1.
30
The
authority
shall
provide
written
notice
to
the
prohibited
31
person
stating
the
reason
for
the
prohibition.
The
authority
32
may
immediately
disqualify
a
prohibited
person
from
receiving
33
financial
assistance,
or
from
being
selected
as
a
vendor.
34
3.
A
prohibited
person
may
request
a
review
of
the
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#1.
determination
made
by
the
authority
pursuant
to
subsection
2.
1
a.
The
request
to
review
the
determination
shall
be
made
2
within
thirty-five
calendar
days
of
the
date
the
authority
3
provided
written
notice
to
the
prohibited
person.
The
request
4
to
review
the
determination
must
be
in
writing
and
state
the
5
specific
reasons
or
legal
basis
for
review.
6
b.
Within
sixty
calendar
days
of
the
receipt
of
the
request
7
to
review,
the
authority
shall
approve,
deny,
or
modify
the
8
determination,
if
the
authority
finds
that
the
determination
9
is
based
on
a
clear
error
of
material
fact
or
law,
or
if
the
10
authority
finds
the
determination
was
arbitrary,
capricious,
or
11
an
abuse
of
discretion.
12
c.
The
authority
shall
issue
its
decision
in
writing
and
13
provide
written
notice
of
the
decision
to
the
prohibited
14
person.
15
d.
The
decision
of
the
authority
pursuant
to
this
subsection
16
shall
be
considered
final
agency
action.
A
petition
for
17
judicial
review
of
the
decision
of
the
authority
shall
be
filed
18
pursuant
to
section
17A.19.
19
4.
The
authority
shall
adopt
rules
as
necessary
pursuant
to
20
chapter
17A
to
administer
this
section.
21
Sec.
3.
Section
15.108,
subsection
2,
Code
2024,
is
amended
22
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
23
following:
24
2.
Marketing.
To
aid
in
all
of
the
following:
25
a.
The
marketing
and
promotion
of
Iowa
products
and
26
services.
27
b.
The
promotion
and
development
of
the
agricultural
28
processing
industry
in
the
state.
29
Sec.
4.
Section
15.108,
subsection
3,
paragraph
a,
30
subparagraph
(5),
Code
2024,
is
amended
to
read
as
follows:
31
(5)
Encourage
cities,
counties,
local
and
regional
32
government
organizations,
and
local
and
regional
economic
33
development
organizations
to
develop
and
implement
34
comprehensive
community
and
economic
development
plans.
In
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evaluating
financial
assistance
applications,
the
authority
1
shall
award
supplementary
credit
to
applications
submitted
by
2
cities,
counties,
local
and
regional
government
organizations,
3
and
local
and
regional
economic
development
organizations
4
that
have
developed
a
comprehensive
community
and
economic
5
development
plan.
6
Sec.
5.
Section
15.108,
subsection
4,
Code
2024,
is
amended
7
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
8
following:
9
4.
Exporting.
To
promote
and
aid
in
the
marketing
and
10
sale
of
Iowa
industrial
and
agricultural
products
and
services
11
outside
of
the
state.
To
carry
out
this
responsibility,
the
12
authority
shall:
13
a.
Perform
the
duties
and
activities
specified
for
the
14
agricultural
marketing
program
under
sections
15.201
and
15
15.202.
16
b.
Seek
assistance
and
advice
from
the
Iowa
district
export
17
council
which
advises
the
United
States
department
of
commerce.
18
Sec.
6.
Section
15.108,
subsection
5,
paragraph
d,
Code
19
2024,
is
amended
to
read
as
follows:
20
d.
Coordinate
with
other
divisions
of
the
authority
to
add
21
Promote
the
contributions
of
Iowa’s
recreation,
tourism,
and
22
leisure
resources
to
the
agricultural
and
other
images
which
23
characterize
the
state
on
a
national
level.
24
Sec.
7.
Section
15.108,
subsection
5,
paragraph
o,
Code
25
2024,
is
amended
by
striking
the
paragraph.
26
Sec.
8.
Section
15.108,
subsection
6,
paragraph
c,
Code
27
2024,
is
amended
by
striking
the
paragraph
and
inserting
in
28
lieu
thereof
the
following:
29
c.
Provide
aid
for
the
development
and
implementation
of
30
the
Iowa
targeted
small
business
procurement
Act
established
in
31
sections
73.15
through
73.22.
32
Sec.
9.
Section
15.108,
subsection
6,
paragraphs
f
and
g,
33
Code
2024,
are
amended
by
striking
the
paragraphs.
34
Sec.
10.
Section
15.108,
subsection
7,
Code
2024,
is
amended
35
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by
striking
the
subsection.
1
Sec.
11.
Section
15.108,
subsection
10,
paragraph
b,
2
subparagraph
(3),
Code
2024,
is
amended
to
read
as
follows:
3
(3)
Establish
programs
which
assist
communities
or
local
4
entities
in
developing
housing
to
meet
a
range
of
community
5
needs,
including
programs
to
assist
homeless
shelter
operations
6
and
programs
to
assist
in
the
development
of
housing
to
enhance
7
economic
development
opportunities
in
the
community.
8
Sec.
12.
Section
15.371,
subsection
5,
paragraph
e,
Code
9
2024,
is
amended
to
read
as
follows:
10
e.
Employ
a
minimum
of
three
full-time
employees
and
no
more
11
than
seventy-five
one
hundred
twenty-five
full-time
employees
12
across
all
of
the
manufacturer’s
locations.
13
Sec.
13.
NEW
SECTION
.
73.22
Reports.
14
1.
By
December
1
of
each
calendar
year,
the
department
of
15
administrative
services
shall
provide
a
written
summary
to
the
16
economic
development
authority
of
all
activities
undertaken
17
by
the
department
of
administrative
services
to
maximize
the
18
purposes
of
this
subchapter
during
the
immediately
preceding
19
fiscal
year.
20
2.
By
December
1
of
each
calendar
year,
the
economic
21
development
authority
shall
compile
a
list
of
the
procurement
22
goals
established
pursuant
to
section
73.16,
subsection
2,
for
23
the
prior
fiscal
year,
and
the
performance
of
each
agency
or
24
department
of
state
government
having
purchasing
authority
in
25
meeting
the
goals.
The
compilation
shall
be
based
upon
the
26
reports
required
to
be
filed
under
section
73.16,
subsection
2.
27
3.
By
January
15
of
each
calendar
year,
the
economic
28
development
authority
shall
submit
to
the
governor
and
the
29
general
assembly
a
summary
of
all
reports
required
under
this
30
section.
31
4.
The
director
of
the
economic
development
authority,
in
32
cooperation
with
the
department
of
administrative
services
and
33
other
state
agencies
shall
do
all
of
the
following:
34
a.
Publicize
the
targeted
small
business
procurement
goal
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#1.
#2.
#3.
program
to
targeted
small
businesses
and
to
agencies
of
state
1
government.
2
b.
Identify
targeted
small
businesses
able
to
perform
3
contracts
under
the
program.
4
c.
Encourage
targeted
small
businesses
to
participate
in
the
5
program.
6
Sec.
14.
REPEAL.
Sections
15.246,
15.271,
and
15.272,
Code
7
2024,
are
repealed.
8
DIVISION
II
9
ENERGY
SHORTAGES
10
Sec.
15.
Section
12.28,
subsection
6,
Code
2024,
is
amended
11
to
read
as
follows:
12
6.
The
maximum
principal
amount
of
financing
agreements
13
which
the
treasurer
of
state
can
enter
into
shall
be
one
14
million
dollars
per
state
agency
in
a
fiscal
year,
subject
15
to
the
requirements
of
section
8.46
.
For
the
fiscal
year,
16
the
treasurer
of
state
shall
not
enter
into
more
than
one
17
million
dollars
of
financing
agreements
per
state
agency,
18
not
considering
interest
expense.
However,
the
treasurer
19
of
state
may
enter
into
financing
agreements
in
excess
of
20
the
one
million
dollar
per
agency
per
fiscal
year
limit
if
a
21
constitutional
majority
of
each
house
of
the
general
assembly,
22
or
the
legislative
council
if
the
general
assembly
is
not
in
23
session,
and
the
governor,
authorize
the
treasurer
of
state
24
to
enter
into
additional
financing
agreements
above
the
one
25
million
dollar
authorization
contained
in
this
section
.
The
26
treasurer
of
state
shall
not
enter
into
a
financing
agreement
27
for
real
or
personal
property
which
is
to
be
constructed
for
28
use
as
a
prison
or
prison-related
facility
without
prior
29
authorization
by
a
constitutional
majority
of
each
house
of
30
the
general
assembly
and
approval
by
the
governor
of
the
use,
31
location,
and
maximum
cost,
not
including
interest
expense,
32
of
the
real
or
personal
property
to
be
financed.
However,
33
financing
agreements
for
an
energy
conservation
measure,
as
34
defined
in
section
7D.34
,
for
an
energy
management
improvement,
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as
defined
in
section
473.19
,
or
for
costs
associated
with
1
projects
under
section
473.13A
,
are
exempt
from
the
provisions
2
of
this
subsection
,
but
are
subject
to
the
requirements
of
3
section
7D.34
.
In
addition,
financing
agreements
funded
4
through
the
materials
and
equipment
revolving
fund
established
5
in
section
307.47
are
exempt
from
the
provisions
of
this
6
subsection
.
7
Sec.
16.
Section
279.53,
Code
2024,
is
amended
to
read
as
8
follows:
9
279.53
Loan
proceeds.
10
The
proceeds
of
loans
issued
to
school
districts
pursuant
to
11
section
279.48
,
or
279.52
,
or
473.20
shall
be
deposited
into
12
either
the
general
fund
of
a
school
district
or
the
physical
13
plant
and
equipment
levy
fund.
The
board
of
directors
shall
14
expend
the
amount
of
the
principal
and
interest
due
each
year
15
to
maturity
from
the
same
fund
into
which
the
loan
proceeds
16
were
deposited.
17
Sec.
17.
Section
298.3,
subsection
1,
paragraph
g,
Code
18
2024,
is
amended
to
read
as
follows:
19
g.
Expenditures
for
energy
conservation
,
including
payments
20
made
pursuant
to
a
guarantee
furnished
by
a
school
district
21
entering
into
a
financing
agreement
for
energy
management
22
improvements,
limited
to
agreements
pursuant
to
section
473.19
,
23
473.20
,
or
473.20A
.
24
Sec.
18.
Section
473.3,
subsection
2,
Code
2024,
is
amended
25
by
striking
the
subsection.
26
Sec.
19.
NEW
SECTION
.
473.4
Duties
of
the
authority.
27
The
authority
shall
do
the
following:
28
1.
Periodically
update
the
Iowa
energy
plan
that
identifies
29
objectives
and
strategies
for
developing
the
energy
sector
in
30
the
state.
31
2.
Administer
and
coordinate
federal
funds
received
for
32
energy
conservation,
energy
management,
and
alternative
and
33
renewable
energy
programs.
34
3.
Apply
for,
receive,
administer,
and
use
federal
or
other
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funds
available
for
achieving
the
purposes
of
this
chapter.
1
Sec.
20.
NEW
SECTION
.
473.5
Energy
security
plan.
2
1.
The
governor
or
the
governor’s
designee
shall
maintain
3
an
energy
security
plan.
4
2.
The
energy
security
plan
shall
include
but
is
not
limited
5
to
the
following:
6
a.
A
description
of
the
circumstances
that
indicate
an
7
actual
or
imminent
acute
shortage
of
usable
energy,
including
8
liquid
fossil
fuels.
9
b.
Any
action
to
be
taken
by
the
authority
or
relevant
10
agencies
in
response
to
an
executive
order
by
the
governor
11
under
section
473.8.
12
Sec.
21.
REPEAL.
Sections
473.13A,
473.15,
473.19,
13
473.19A,
473.20,
473.20A,
and
473.41,
Code
2024,
are
repealed.
14
Sec.
22.
TRANSFER
OF
MONEYS.
On
the
effective
date
of
this
15
division
of
this
Act,
any
moneys
remaining
in
the
building
16
energy
management
fund
in
section
473.19A,
Code
2024,
shall
be
17
transferred
to
the
general
fund
of
the
state.
>
18
2.
Title
page,
by
striking
lines
1
through
3
and
inserting
19
<
An
Act
relating
to
economic
development
and
energy
shortages
20
under
the
purview
of
the
economic
development
authority
and
21
governor,
and
providing
penalties.
>
22
______________________________
LATHAM
of
Franklin
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this
HF
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to
SF
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#2.