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 35 -1- HF 2450.3613 (1) 90 (amending this HF 2450 to CONFORM to SF 2289) jm/ko 1/ 7 #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 35 -2- HF 2450.3613 (1) 90 (amending this HF 2450 to CONFORM to SF 2289) jm/ko 2/ 7
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 -3- HF 2450.3613 (1) 90 (amending this HF 2450 to CONFORM to SF 2289) jm/ko 3/ 7
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 35 -4- HF 2450.3613 (1) 90 (amending this HF 2450 to CONFORM to SF 2289) jm/ko 4/ 7 #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, 35 -5- HF 2450.3613 (1) 90 (amending this HF 2450 to CONFORM to SF 2289) jm/ko 5/ 7
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 35 -6- HF 2450.3613 (1) 90 (amending this HF 2450 to CONFORM to SF 2289) jm/ko 6/ 7
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 -7- HF 2450.3613 (1) 90 (amending this HF 2450 to CONFORM to SF 2289) jm/ko 7/ 7 #2.