Senate File 2277

                                       SENATE FILE       
                                       BY  COMMITTEE ON NATURAL
                                           RESOURCES AND ENVIRONMENT

                                       (SUCCESSOR TO SSB 3136)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the creation of a rural resource development
  2    assistance program and fund.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 6563SV 80
  5 av/pj/5

PAG LIN

  1  1    Section 1.  NEW SECTION.  455A.22  RURAL RESOURCE
  1  2 DEVELOPMENT ASSISTANCE PROGRAM.
  1  3    1.  The department, in consultation with the department of
  1  4 economic development, shall establish a rural resource
  1  5 development assistance program in the department to provide
  1  6 financial assistance for rural economic development projects
  1  7 that are based on the development of natural resources in the
  1  8 state.  Such projects must positively impact the quality of
  1  9 life in rural Iowa.  Projects that qualify for such financial
  1 10 assistance shall include, but are not limited to, development
  1 11 of alternative energy, recreational amenities, value=added
  1 12 agriculture and alternative agriculture, rural small
  1 13 businesses, tourism and marketing involving natural resources,
  1 14 and enhancement and use of forest resources.
  1 15    2.  A rural resource development assistance fund is created
  1 16 within the state treasury under the control of the department.
  1 17    a.  The fund shall include any moneys appropriated to the
  1 18 fund by the general assembly, payments of interest earned,
  1 19 recaptures of awards, repayments of moneys loaned or expended
  1 20 by the rural resource development assistance program, and any
  1 21 other moneys designated by the department for placement in the
  1 22 fund.
  1 23    b.  The fund shall be used for the following:
  1 24    (1)  To provide reimbursement to the department for
  1 25 activities related to rural resource development assistance
  1 26 projects under this section.
  1 27    (2)  To provide financial assistance for qualifying
  1 28 projects.
  1 29    (3)  To provide funding for any other purpose consistent
  1 30 with this section and deemed appropriate by the department, in
  1 31 consultation with the department of economic development.
  1 32    c.  Section 8.33 shall not apply to the rural resource
  1 33 development assistance fund.  Notwithstanding section 12C.7,
  1 34 interest earned on moneys in the fund shall be credited to the
  1 35 fund.
  2  1    3.  The department shall do all of the following:
  2  2    a.  Consult with and coordinate with the department of
  2  3 economic development, and any other appropriate state agency
  2  4 responsible for the development of natural resources or other
  2  5 economic development in this state to ensure that activities
  2  6 conducted pursuant to this section are consistent with the
  2  7 policies and plans of other state agencies and are coordinated
  2  8 with other natural resource and economic development projects.
  2  9    b.  Provide financial assistance in the form of a loan,
  2 10 forgivable loan, loan guarantee, cost=share, indemnification
  2 11 of costs, or any combination of financial assistance deemed by
  2 12 the department to be most efficient in facilitating rural
  2 13 resource development assistance projects.
  2 14    c.  Enter into contracts including the power to sue and be
  2 15 sued.  However, the department shall not in any manner
  2 16 directly or indirectly pledge the credit of the state of Iowa.
  2 17    d.  Authorize payment of costs, commissions, attorney fees,
  2 18 consultant fees, and other reasonable expenses from the fund.
  2 19 Expenses may include costs related to carrying out the duties
  2 20 necessary for insuring or guaranteeing loans, cosharing or
  2 21 indemnifying costs under the rural resource development
  2 22 assistance program, and for the recovery of loans insured or
  2 23 guaranteed, costs coshared or indemnified, or the management
  2 24 of property acquired in connection with such loans or costs.
  2 25    e.  Adopt administrative rules pursuant to chapter 17A
  2 26 necessary to administer this section.
  2 27    4.  The department, in consultation with the department of
  2 28 economic development, shall accept and review proposals for
  2 29 projects and shall determine what projects qualify for and
  2 30 what qualifying projects shall receive financial assistance
  2 31 from the rural resource development assistance program.  A
  2 32 proposal that is submitted shall include a description of the
  2 33 applicant, details of the project request, total budget for
  2 34 the project, and completion date.  A proposal shall also
  2 35 include a study outlining the feasibility of the project.
  3  1    5.  The department, in consultation with the department of
  3  2 economic development, shall establish priorities for ranking
  3  3 proposals submitted for approval by the department.  All
  3  4 proposals received shall be ranked on a competitive basis,
  3  5 including but not limited to demonstrated need, community
  3  6 involvement, cost=effectiveness, feasibility, and other issues
  3  7 pertinent to positively impacting the quality of life in rural
  3  8 Iowa through the development of natural resources.
  3  9    6.  a.  The department and the recipient of financial
  3 10 assistance from the program shall negotiate a project
  3 11 agreement describing the work to be accomplished, specifying
  3 12 the amount of the financial assistance awarded by the program,
  3 13 and designating the project completion date, as soon as
  3 14 possible after a proposal has been approved.  The maximum time
  3 15 period allowed for project completion shall be stated in the
  3 16 announcement of the approval of a project proposal and shall
  3 17 be extended only by approval of the department.
  3 18    b.  Project agreements may be amended to increase or
  3 19 decrease project scope or to increase or decrease project
  3 20 costs and program assistance.  Any increase in program
  3 21 assistance shall be subject to availability of funds.
  3 22 Amendments to project agreements to increase the scope or
  3 23 amount of program assistance shall be approved by the
  3 24 department before work is commenced or additional costs are
  3 25 incurred.
  3 26                           EXPLANATION
  3 27    This bill directs the department of natural resources, in
  3 28 consultation with the department of economic development, to
  3 29 establish a rural resource development assistance program in
  3 30 the department of natural resources to provide financial
  3 31 assistance for rural economic development projects that are
  3 32 based on the development of natural resources in the state.
  3 33 The bill provides that the projects assisted must positively
  3 34 impact the quality of life in rural Iowa.  Projects that
  3 35 qualify for such financial assistance shall include, but are
  4  1 not limited to, development of alternative energy,
  4  2 recreational amenities, value=added agriculture and
  4  3 alternative agriculture, rural small businesses, tourism and
  4  4 marketing involving natural resources, and enhancement and use
  4  5 of forest resources.
  4  6    The bill provides that a rural resource development
  4  7 assistance fund is created within the state treasury under the
  4  8 control of the department of natural resources that includes
  4  9 any moneys appropriated to the fund by the general assembly as
  4 10 well as payments of interest earned, recaptures of awards,
  4 11 repayments of moneys loaned or expended by the rural resource
  4 12 development assistance program, and any other moneys
  4 13 designated by the department for placement in the fund.  The
  4 14 bill provides that the funds shall be used for activities and
  4 15 projects related to the rural resource development assistance
  4 16 program.
  4 17    The bill also provides that the department shall consult
  4 18 with and coordinate activities with the department of economic
  4 19 development and other state agencies involved with natural
  4 20 resources and economic development projects, provide financial
  4 21 assistance in a form deemed by the department to be most
  4 22 efficient in facilitating projects, enter into contracts,
  4 23 authorize payment of costs, commissions, attorney and
  4 24 consultant fees, and other reasonable expenses from the fund,
  4 25 and adopt administrative rules necessary to carry out the
  4 26 provisions of the bill.  However, the department is prohibited
  4 27 from directly or indirectly pledging the credit of the state
  4 28 in carrying out the program.
  4 29    The bill also provides that the department, in consultation
  4 30 with the department of economic development, shall accept and
  4 31 review proposals for projects and shall determine what
  4 32 projects qualify for and what qualifying projects shall
  4 33 receive financial assistance from the program.  The bill
  4 34 provides that proposals submitted shall include a description
  4 35 of the applicant, details of the project, total budget of the
  5  1 project, completion date, and a study outlining the
  5  2 feasibility of the project.
  5  3    The bill provides that the department, in consultation with
  5  4 the department of economic development, shall establish
  5  5 priorities for ranking proposals submitted, for approval by
  5  6 the department, by ranking proposed projects on a competitive
  5  7 basis, including but not limited to demonstrated need,
  5  8 community involvement, cost=effectiveness, feasibility, and
  5  9 other issues pertinent to positively impacting the quality of
  5 10 life in rural Iowa through the development of natural
  5 11 resources.
  5 12    The bill also provides that the department and the
  5 13 recipient of financial assistance from the program shall
  5 14 negotiate a project agreement describing the work to be
  5 15 accomplished, specifying the amount of assistance awarded by
  5 16 the program, and designating the project completion date, as
  5 17 soon as possible after a proposal has been approved.  The
  5 18 maximum time period allowed for project completion must be
  5 19 stated in the announcement of the approval of a proposal and
  5 20 can only be extended by approval of the department of natural
  5 21 resources.  The bill provides that project agreements may be
  5 22 amended upon approval by the department.
  5 23 LSB 6563SV 80
  5 24 av/pj/5