House File 2574 - Introduced
HOUSE FILE
BY JENKINS
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act granting responsibility for energy policy in the state to
2 the department of economic development.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 15.108, Code 2005, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 12. ENERGY.
1 4 a. To market energy availability and cost in the state as
1 5 a reason to locate a new business in the state.
1 6 b. To coordinate the role of all forms of energy in the
1 7 state and collect all data and information available regarding
1 8 all forms of energy in the state.
1 9 c. To develop a strategic course for the state that
1 10 utilizes natural resources of the state as energy resources
1 11 for the citizens and economic growth of the state.
1 12 Sec. 2. Section 456.1, subsection 1, Code 2005, is amended
1 13 to read as follows:
1 14 1. "Department" means the department of natural resources
1 15 economic development created under in section 455A.2 15.105.
1 16 Sec. 3. Section 458A.2, subsection 2, Code 2005, is
1 17 amended by striking the subsection.
1 18 Sec. 4. Section 458A.2, subsection 3, Code 2005, is
1 19 amended to read as follows:
1 20 3. "Department" means the department of natural resources
1 21 economic development created under section 455A.2 chapter 15.
1 22 Sec. 5. Section 470.1, subsections 2 and 3, Code 2005, are
1 23 amended to read as follows:
1 24 2. "Department" means the department of natural resources
1 25 economic development.
1 26 3. "Director" means the director of the department of
1 27 natural resources economic development.
1 28 Sec. 6. Section 473.1, subsections 1 and 2, Code 2005, are
1 29 amended to read as follows:
1 30 1. "Commission" "Board" means the environmental protection
1 31 commission of the department Iowa economic development board
1 32 created in section 15.103.
1 33 2. "Department" means the department of natural resources
1 34 economic development created under in section 455A.2 15.105.
1 35 Sec. 7. Section 473.11, subsections 3, 4, and 7, Code
2 1 2005, are amended to read as follows:
2 2 3. An energy fund disbursement council is established.
2 3 The council shall be composed of the governor or the
2 4 governor's designee, the director of the department of
2 5 management, who shall serve as the council's chairperson, the
2 6 administrator of the division of community action agencies of
2 7 the department of human rights, a designee of the director of
2 8 the department of natural resources economic development who
2 9 is knowledgeable in the field of energy conservation, and a
2 10 designee of the director of transportation who is
2 11 knowledgeable in the field of energy conservation. The
2 12 council shall include as nonvoting members two members of the
2 13 senate appointed by the president of the senate, after
2 14 consultation with the majority leader and the minority leader
2 15 of the senate, and two members of the house of representatives
2 16 appointed by the speaker of the house, after consultation with
2 17 the majority leader and the minority leader of the house. The
2 18 legislative members shall be appointed upon the convening and
2 19 for the period of each general assembly. Not more than one
2 20 member from each house shall be of the same political party.
2 21 The council shall be staffed by the department of natural
2 22 resources economic development. The attorney general shall
2 23 provide legal assistance to the council.
2 24 The council shall do all of the following:
2 25 a. Oversee the investment of moneys deposited in the
2 26 energy conservation trust.
2 27 b. Make recommendations to the governor and the general
2 28 assembly regarding annual appropriations from the energy
2 29 conservation trust.
2 30 c. Work with the department of natural resources economic
2 31 development in adopting administrative rules necessary to
2 32 administer expenditures from the trust, encourage applications
2 33 for grants and loans, review and select proposals for the
2 34 funding of competitive grants and loans from the energy
2 35 conservation trust, and evaluate their comparative
3 1 effectiveness.
3 2 d. Monitor expenditures from the trust.
3 3 e. Approve any grants or contracts awarded from the energy
3 4 conservation trust in excess of five thousand dollars.
3 5 f. Prepare, in conjunction with the department of natural
3 6 resources economic development, an annual report to the
3 7 governor and the general assembly regarding earnings of and
3 8 expenditures from the energy conservation trust.
3 9 4. The director of the department of natural resources
3 10 economic development or the director's designee shall be the
3 11 administrator of the energy conservation trust. The
3 12 administrator shall disburse moneys appropriated by the
3 13 general assembly from the funds in the trust in accordance
3 14 with the federal court orders, law and regulation, or
3 15 settlement conditions applying to the moneys in that fund, and
3 16 subject to the approval of the energy fund disbursement
3 17 council if such approval is required. The council, after
3 18 consultation with the attorney general, shall immediately
3 19 approve the disbursement of moneys from the funds in the trust
3 20 for projects which meet the federal court orders, law and
3 21 regulations, or settlement conditions which apply to that
3 22 fund.
3 23 7. On June 30, 2003, the energy fund disbursement council
3 24 established in subsection 3 shall be dissolved. At that time,
3 25 the The department of natural resources economic development
3 26 shall be responsible for the disbursement of any funds either
3 27 received or remaining in the energy conservation trust. These
3 28 disbursements shall be for projects and programs consistent
3 29 with the allowable uses for the energy conservation trust.
3 30 Also, at that time, and annually thereafter, Annually the
3 31 state department of transportation shall report to the
3 32 department of natural resources economic development on the
3 33 status of the intermodal revolving loan fund established in
3 34 the department. In the fiscal year beginning July 1, 2019,
3 35 the department of natural resources economic development shall
4 1 assume responsibility for funds remaining in the intermodal
4 2 revolving loan fund and disburse them for energy conservation
4 3 projects and programs consistent with the allowable uses for
4 4 the energy conservation trust.
4 5 Sec. 8. Section 473.20A, subsections 1 and 2, Code 2005,
4 6 are amended to read as follows:
4 7 1. The department of natural resources economic
4 8 development may enter into financing agreements with the
4 9 state, state agencies, political subdivisions of the state,
4 10 school districts, area education agencies, community colleges,
4 11 or nonprofit organizations in order to provide the financing
4 12 to pay the costs of furnishing energy conservation measures.
4 13 The provisions of section 473.20 defining eligible energy
4 14 conservation measures and the method of repayment of the loans
4 15 apply to financings under this section.
4 16 The financing agreement may contain provisions, including
4 17 interest, term, and obligations to make payments on the
4 18 financing agreement beyond the current budget year, as may be
4 19 agreed upon between the department of natural resources
4 20 economic development and the state, state agencies, political
4 21 subdivisions of the state, school districts, area education
4 22 agencies, community colleges, or nonprofit organizations.
4 23 2. For the purpose of funding its obligation to furnish
4 24 moneys under the financing agreements, or to fund the energy
4 25 loan fund created in section 473.20, the treasurer of state,
4 26 with the assistance of the department of natural resources
4 27 economic development, or the treasurer of state's duly
4 28 authorized agents or representatives, may incur indebtedness
4 29 or enter into master lease agreements or other financing
4 30 arrangements to borrow to accomplish energy conservation
4 31 measures, or the department of natural resources economic
4 32 development may enter into master lease agreements or other
4 33 financing arrangements to permit the state, state agencies,
4 34 political subdivisions of the state, school districts, area
4 35 education agencies, community colleges, or nonprofit
5 1 organizations to borrow sufficient funds to accomplish the
5 2 energy conservation measure. The obligations may be in such
5 3 form, for such term, bearing such interest and containing such
5 4 provisions as the department of natural resources economic
5 5 development, with the assistance of the treasurer of state,
5 6 deems necessary or appropriate. Funds remaining after the
5 7 payment of all obligations have been redeemed shall be paid
5 8 into the energy loan fund.
5 9 Sec. 9. Section 473.15, Code 2005, is repealed.
5 10 EXPLANATION
5 11 This bill grants responsibility for energy policy in the
5 12 state to the department of economic development.
5 13 The bill provides that the department of economic
5 14 development shall have a primary responsibility for marketing
5 15 energy availability and cost in the state as a reason to
5 16 locate a new business in the state, coordinating the role of
5 17 all forms of energy in the state and collect all data and
5 18 information available regarding all forms of energy in the
5 19 state, and developing a strategic course for the state that
5 20 utilizes natural resources of the state as energy resources
5 21 for the citizens and economic growth of the state.
5 22 The bill transfers responsibility for the geological survey
5 23 and related requirements included in Code chapter 456 from the
5 24 department of natural resources to the department of economic
5 25 development. The move results in the director of the
5 26 department of economic development appointing the state
5 27 geologist.
5 28 The bill transfers the responsibilities related to oil,
5 29 gas, and other minerals as contained in Code chapter 458A from
5 30 the department of natural resources to the department of
5 31 economic development.
5 32 The bill transfers the responsibilities for life cycle cost
5 33 analysis of public facilities as contained in Code chapter 470
5 34 from the department of natural resources to the department of
5 35 economic development.
6 1 The bill transfers the responsibilities related to energy
6 2 development and conservation as contained in Code chapter 473
6 3 from the department of natural resources to the department of
6 4 economic development.
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