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