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 submitthean 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 activitiesand to develop an Iowa energy 2 27 independence planand 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 toone and 5 18 five=tenthsthree 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