House File 2536 H-8228 Amend House File 2536 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. NEW SECTION . 16.5E Application or award —— 4 prohibition. 5 1. The authority may prohibit a person from receiving an 6 award of financial assistance, or from being selected as a 7 vendor to provide goods or services to the authority in any of 8 the following circumstances: 9 a. An act or omission by the person seriously affects or 10 threatens public health, public safety, or the environment. 11 b. The person is charged with or convicted of a crime 12 involving dishonesty. 13 c. An act or omission by the person indicates a lack of 14 integrity or honesty. 15 d. The person violates the terms of an agreement or 16 transaction that detrimentally impacts the integrity of a 17 program administered by the authority, or other governmental 18 entity as defined in section 8A.101. 19 e. A compelling cause exists that is relevant to and affects 20 the person’s obligations under the programs administered by the 21 authority, or is relevant to and affects the provision of goods 22 and services to the authority by a vendor. 23 2. Upon a determination by the authority, a person shall 24 be prohibited from receiving an award of financial assistance, 25 or from being selected as a vendor pursuant to subsection 1. 26 The authority shall provide written notice to the prohibited 27 person stating the reason for the prohibition. The authority 28 may immediately disqualify a prohibited person from receiving 29 financial assistance, or from being selected as a vendor. 30 3. A prohibited person may request a review of the 31 determination made by the authority pursuant to subsection 2. 32 a. The request to review the determination shall be made 33 within thirty-five calendar days of the date the authority 34 provided written notice to the prohibited person. The request 35 -1- HF 2536.3783 (1) 90 (amending this HF 2536 to CONFORM to SF 2387) jm/ko 1/ 3 #1.
to review the determination must be in writing and state the 1 specific reasons or legal basis for review. 2 b. Within sixty calendar days of the receipt of the request 3 to review, the authority shall approve, deny, or modify the 4 determination, if the authority finds that the determination 5 is based on a clear error of material fact or law, or if the 6 authority finds the determination was arbitrary, capricious, or 7 an abuse of discretion. 8 c. The authority shall issue its decision in writing and 9 provide written notice of the decision to the prohibited 10 person. 11 d. The decision of the authority pursuant to this subsection 12 shall be considered final agency action. A petition for 13 judicial review of the decision of the authority shall be filed 14 pursuant to section 17A.19. 15 4. The authority shall adopt rules as necessary pursuant to 16 chapter 17A to administer this section. 17 Sec. 2. Section 16.35, subsection 2, Code 2024, is amended 18 by striking the subsection and inserting in lieu thereof the 19 following: 20 2. The authority shall adopt a qualified allocation 21 plan that satisfies the requirements of section 42 of 22 the Internal Revenue Code. The authority may revise the 23 qualified allocation plan provided the revision satisfies the 24 requirements of section 42 of the Internal Revenue Code. When 25 adopting the qualified allocation plan, the authority shall 26 specify the selection criteria, the application procedure, and 27 the allocation of low-income housing credits under the state 28 housing credit ceiling. The selection criteria described 29 in the qualified allocation plan shall include all of the 30 following: 31 a. The selection criteria described in section 42 of the 32 Internal Revenue Code. 33 b. The statutory preferences described in section 42 of the 34 Internal Revenue Code. 35 -2- HF 2536.3783 (1) 90 (amending this HF 2536 to CONFORM to SF 2387) jm/ko 2/ 3
c. The economic feasibility of the proposed project. 1 d. The ability of the applicant to complete the project in a 2 timely manner. 3 Sec. 3. Section 16.35, subsection 3, Code 2024, is amended 4 by striking the subsection. 5 Sec. 4. Section 16.154, subsection 1, Code 2024, is amended 6 to read as follows: 7 1. An eligible entity may apply to the authority for 8 financial assistance under the program by submitting a plan 9 that meets on an application form as required by the authority. 10 To be approved for an award of financial assistance, the plan 11 must meet all of the following requirements: 12 a. The plan includes proposes one or more projects that 13 improve water quality in the local area or watershed. Projects 14 shall use practices identified in the Iowa nutrient reduction 15 strategy. 16 b. The plan describes in detail describes the manner in 17 which the projects will be financed and undertaken, including, 18 as applicable, the sources of revenue directed to financing 19 the improvements as well as the eligible entities that will be 20 receiving the revenues and how such revenues will be spent on 21 the projects. > 22 ______________________________ HARRIS of Appanoose -3- HF 2536.3783 (1) 90 (amending this HF 2536 to CONFORM to SF 2387) jm/ko 3/ 3