Senate File 2422 - Enrolled

PAG LIN



  1  1                                             SENATE FILE 2422
  1  2
  1  3                             AN ACT
  1  4 RELATING TO ENERGY INDEPENDENCE INITIATIVES, SPECIFYING
  1  5    PROCEDURES APPLICABLE TO IOWA POWER FUND APPLICATIONS,
  1  6    AUTHORIZING ALLOCATIONS FROM THE FUND, DIRECTING THAT
  1  7    SPECIFIED PAYMENTS, REPAYMENTS, OR RECAPTURES MADE TO OR
  1  8    RECEIVED BY THE BOARD SHALL BE DEPOSITED IN THE FUND,
  1  9    AUTHORIZING INCREASED ALLOCATIONS FOR ADMINISTRATIVE COSTS,
  1 10    AUTHORIZING REPAYMENT OF AUDIT EXPENSES TO THE AUDITOR OF
  1 11    STATE, AND PROVIDING AN EFFECTIVE DATE AND APPLICABILITY
  1 12    PROVISION.
  1 13
  1 14 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 15
  1 16    Section 1.  Section 11.5B, Code 2007, is amended by adding
  1 17 the following new subsection:
  1 18    NEW SUBSECTION.  15.  Office of energy independence.
  1 19    Sec. 2.  Section 22.7, Code Supplement 2007, is amended by
  1 20 adding the following new subsection:
  1 21    NEW SUBSECTION.  60.  Information possessed by the office
  1 22 of energy independence, the Iowa power fund board, or the due
  1 23 diligence committee associated with the office and the board,
  1 24 relating to a prospective applicant with which the office,
  1 25 board, or committee is currently negotiating, or an award
  1 26 recipient, shall only be released as provided in section
  1 27 469.6, subsection 6.
  1 28    Sec. 3.  Section 455B.851, subsection 7, Code Supplement
  1 29 2007, is amended to read as follows:
  1 30    7.  After consideration of a full range of policies and
  1 31 strategies, including the cost=effectiveness of the
  1 32 strategies, the council shall develop multiple scenarios
  1 33 designed to reduce statewide greenhouse gas emissions
  1 34 including one scenario that would reduce such emissions by
  1 35 fifty percent by 2050.  The council shall also develop
  2  1 short=term, medium=term, and long=term scenarios designed to
  2  2 reduce statewide greenhouse gas emissions and shall consider
  2  3 the cost=effectiveness of the scenarios.  The council shall
  2  4 establish a baseline year for purposes of calculating
  2  5 reductions in statewide greenhouse gas emissions.  The council
  2  6 shall take nuclear power into consideration as part of its
  2  7 discussion of greenhouse gas reductions, and shall incorporate
  2  8 that consideration into its proposal.  The council shall
  2  9 submit the an initial proposal to the governor and the general
  2 10 assembly by January 1, 2008, and shall submit an updated
  2 11 proposal by January 1, 2009.
  2 12    Sec. 4.  Section 469.4, subsection 2, Code Supplement 2007,
  2 13 is amended to read as follows:
  2 14    2.  The plan shall provide cost=effective options and
  2 15 strategies for reducing the state's consumption of energy,
  2 16 dependence on foreign sources of energy, use of fossil fuels,
  2 17 and greenhouse gas emissions.  The options and strategies
  2 18 developed in the plan shall provide for achieving energy
  2 19 independence from foreign sources of energy by the year 2025.
  2 20 The plan shall include a review of a range of energy sources
  2 21 including nuclear power.
  2 22    Sec. 5.  Section 469.6, subsection 5, paragraph d, Code
  2 23 Supplement 2007, is amended to read as follows:
  2 24    d.  Direct moneys from the fund to be used to purchase
  2 25 private or public technical assistance needed to conduct due
  2 26 diligence activities and to develop an Iowa energy
  2 27 independence plan and to address all technical, financial, and
  2 28 management processes associated with applications to the
  2 29 extent not financed by the applicant.  Such moneys shall also
  2 30 be used to research, develop, produce, and initiate
  2 31 implementation of the energy independence plan.  Other than
  2 32 applicant financing, if agreed to by an applicant and the due
  2 33 diligence committee, an application fee shall not be imposed.
  2 34 Payments received in the form of applicant financing pursuant
  2 35 to this paragraph shall be deposited in the fund and utilized
  3  1 exclusively for the purposes for which the payments were
  3  2 received.
  3  3    Sec. 6.  Section 469.6, Code Supplement 2007, is amended by
  3  4 adding the following new subsection:
  3  5    NEW SUBSECTION.  6.  a.  In establishing guidelines,
  3  6 procedures, and policies for the awarding of financial
  3  7 assistance, the board shall give due regard to the
  3  8 confidentiality of certain information disclosed during the
  3  9 financial assistance application process and the contract
  3 10 administration process.
  3 11    b.  All information contained in an application for
  3 12 financial assistance submitted to the board shall remain
  3 13 confidential while the board is reviewing the application,
  3 14 processing requests for confidentiality, negotiating with the
  3 15 applicant, and preparing the application for consideration by
  3 16 the board.  The board may release certain information in an
  3 17 application for financial assistance to a third party for
  3 18 technical review.  If the board releases such information to a
  3 19 third party, the board shall ensure that the third party
  3 20 protects such information from public disclosure.  After the
  3 21 board has considered a request for confidentiality, any
  3 22 information not deemed confidential by the board shall be made
  3 23 publicly available.  Any information deemed confidential by
  3 24 the board shall also be kept confidential by the office and
  3 25 board during and following administration of a contract
  3 26 executed pursuant to a successful application.
  3 27    c.  The board shall consider the written request of an
  3 28 applicant or award recipient to keep confidential certain
  3 29 details of an application, a contract, or the materials
  3 30 submitted in support of an application or a contract.  If the
  3 31 request includes a sufficient explanation as to why the public
  3 32 disclosure of such details would give an unfair advantage to
  3 33 competitors, the board shall keep such details confidential.
  3 34 If the board elects to keep certain details confidential, the
  3 35 board shall release only the nonconfidential details in
  4  1 response to a request for records pursuant to chapter 22.  If
  4  2 confidential details are withheld from a request for records
  4  3 pursuant to chapter 22, the board shall release an explanation
  4  4 of why the information was deemed confidential and a summary
  4  5 of the nature of the information withheld and the reasons for
  4  6 withholding it.  In considering requests for confidential
  4  7 treatment, the board shall narrowly construe the provisions of
  4  8 this subsection in order to appropriately balance an
  4  9 applicant's need for confidentiality against the public's
  4 10 right to information about the board's activities.
  4 11    d.  If a request for confidentiality is denied by the
  4 12 board, an applicant may withdraw an application and any
  4 13 supporting materials, and the board shall not retain any
  4 14 copies of the application or supporting materials.  Upon
  4 15 notice that an application has been withdrawn, the board shall
  4 16 not release a copy in response to a request for records
  4 17 pursuant to chapter 22.
  4 18    e.  The board shall adopt by rule a process for considering
  4 19 requests to keep information confidential pursuant to this
  4 20 subsection.  The board may adopt emergency rules pursuant to
  4 21 chapter 17A to implement this subsection.  The rules shall
  4 22 include criteria for guiding the board's decisions about the
  4 23 confidential treatment of applicant information.  The criteria
  4 24 may include, but are not limited to the following:
  4 25    (1)  The nature and extent of competition in the
  4 26 applicant's industry sector.
  4 27    (2)  The likelihood of adverse financial impact to the
  4 28 applicant if the information were to be released.
  4 29    (3)  The risk that the applicant would locate in another
  4 30 state if the request is denied.
  4 31    (4)  Any other factor the board reasonably considers
  4 32 relevant.
  4 33    Sec. 7.  Section 469.9, subsection 4, Code Supplement 2007,
  4 34 is amended by adding the following new paragraph:
  4 35    NEW PARAGRAPH.  e.  Payments of interest, repayments of
  5  1 moneys loaned, payments of royalties, recaptures of grants or
  5  2 loans, and any other payments made pursuant to an agreement
  5  3 approved by the board pursuant to this chapter shall be
  5  4 deposited in the fund.
  5  5    Sec. 8.  Section 469.10, subsection 1, Code Supplement
  5  6 2007, is amended to read as follows:
  5  7    1.  There is appropriated from the general fund of the
  5  8 state to the office of energy independence for each fiscal
  5  9 year of the fiscal period beginning July 1, 2008, and ending
  5 10 June 30, 2011, the sum of twenty=five million dollars to be
  5 11 used for awarding grants and making loans from the Iowa power
  5 12 fund, and for all other purposes specified in and consistent
  5 13 with this subchapter.
  5 14    Sec. 9.  Section 469.10, subsection 2, Code Supplement
  5 15 2007, is amended to read as follows:
  5 16    2.  Of the moneys appropriated to the office and deposited
  5 17 in the fund, the office shall utilize up to one and
  5 18 five=tenths three and five=tenths percent of the amount
  5 19 appropriated from the fund for a fiscal year for
  5 20 administrative costs.  From the funds available for
  5 21 administrative costs, the office shall not employ more than
  5 22 four full=time equivalent positions.
  5 23    Sec. 10.  Section 469.10, Code Supplement 2007, is amended
  5 24 by adding the following new subsection:
  5 25    NEW SUBSECTION.  3A.  Of the moneys appropriated to the
  5 26 office and deposited in the fund, the board may make
  5 27 allocations for the purchase of private or public technical
  5 28 assistance needed to conduct due diligence activities and to
  5 29 address all technical, financial, and management processes
  5 30 associated with applications to the extent not financed by the
  5 31 applicant.  Such moneys shall also be used to research,
  5 32 develop, produce, and initiate implementation of the energy
  5 33 independence plan.
  5 34    Sec. 11.  2007 Iowa Acts, chapter 209, section 2, is
  5 35 amended to read as follows:
  6  1    SEC. 2.  IOWA POWER FUND.  There is appropriated from the
  6  2 general fund of the state to the office of energy
  6  3 independence, if enacted by 2007 Iowa Acts, House File 918, or
  6  4 its successor, for the fiscal year beginning July 1, 2006, and
  6  5 ending June 30, 2007, the following amount, or so much thereof
  6  6 as is necessary, to be used for the purposes designated:
  6  7    For deposit in the Iowa power fund, if enacted by 2007 Iowa
  6  8 Acts, House File 918, or its successor, to be used for
  6  9 awarding grants and making loans from the Iowa power fund, and
  6 10 for all other purposes specified in and consistent with the
  6 11 provisions of House File 918, or its successor:
  6 12 .................................................. $ 24,670,000
  6 13    1.  Of the moneys appropriated to the office and deposited
  6 14 in the fund, the office shall utilize up to one and
  6 15 five=tenths percent of the amount appropriated from the fund
  6 16 for administrative purposes.
  6 17    2.  Of the moneys appropriated to the office and deposited
  6 18 in the fund, there shall be allocated two million five hundred
  6 19 thousand dollars to the department of economic development for
  6 20 deposit into the workforce training and economic development
  6 21 funds of the community colleges created pursuant to section
  6 22 260C.18A.  Of the funds so deposited into the workforce
  6 23 training and economic development funds of the community
  6 24 colleges, two million five hundred thousand dollars shall be
  6 25 used each year in the development and expansion of energy
  6 26 industry areas and for the department's north American
  6 27 industrial classification system for targeted industry areas
  6 28 established pursuant to section 260C.18A.
  6 29    2A.  Of the moneys appropriated to the office and deposited
  6 30 in the fund, the board may allocate moneys for the purchase of
  6 31 private or public technical assistance needed to conduct due
  6 32 diligence activities and to address all technical, financial,
  6 33 and management processes associated with applications to the
  6 34 extent not financed by the applicant.  Such moneys shall also
  6 35 be used to research, develop, produce, and initiate
  7  1 implementation of the energy independence plan.
  7  2    3.  Notwithstanding section 8.33, amounts appropriated
  7  3 pursuant to this section shall not revert but shall remain
  7  4 available for the purposes designated for the following fiscal
  7  5 year.  Notwithstanding section 12C.7, subsection 2, interest
  7  6 or earnings on moneys in the funds shall be credited to the
  7  7 fund.
  7  8    Sec. 12.  APPLICABILITY.  The section of this Act amending
  7  9 section 22.7, relating to an exception to the open records
  7 10 law, and enacting section 469.6, subsection 6, relating to
  7 11 board determination of confidentiality upon a request for
  7 12 records pursuant to chapter 22, shall apply to requests in
  7 13 relation to applications that are in process on the effective
  7 14 date of this Act.
  7 15    Sec. 13.  EFFECTIVE DATE.  This Act, being deemed of
  7 16 immediate importance, takes effect upon enactment.
  7 17
  7 18
  7 19                                                             
  7 20                               JOHN P. KIBBIE
  7 21                               President of the Senate
  7 22
  7 23
  7 24                                                             
  7 25                               PATRICK J. MURPHY
  7 26                               Speaker of the House
  7 27
  7 28    I hereby certify that this bill originated in the Senate and
  7 29 is known as Senate File 2422, Eighty=second General Assembly.
  7 30
  7 31
  7 32                                                             
  7 33                               MICHAEL E. MARSHALL
  7 34                               Secretary of the Senate
  7 35 Approved                , 2008
  8  1
  8  2
  8  3                                
  8  4 CHESTER J. CULVER
  8  5 Governor