House File 2595 - Introduced HOUSE FILE BY COMMITTEE ON ECONOMIC GROWTH (SUCCESSOR TO HSB 630) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to eligibility requirements and certification of 2 enterprise zones under the enterprise zone program and 3 including effective and retroactive applicability dates. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 6084HV 81 6 tm/gg/14 PAG LIN 1 1 Section 1. Section 15E.192, subsection 2, Code Supplement 1 2 2005, is amended to read as follows: 1 3 2. A citywith a population of twenty=four thousand or 1 4 morewhich includes at least three census tracts with at least 1 5 fifty percent of the population in each census tract located 1 6 in the city, as shown by the 2000 certified federal census, 1 7 may create an economic development enterprise zone as 1 8 authorized in this division, subject to certification by the 1 9 department of economic development, by designating one or more 1 10 contiguous census tracts, as determined in the most recent 1 11 federal census, or designating other geographic units approved 1 12 by the department of economic development for that purpose. 1 13 If there is an area in the city which meets the requirements 1 14 for eligibility for an urban or rural enterprise community 1 15 under Title XIII of the federal Omnibus Budget Reconciliation 1 16 Act of 1993, such area shall be designated by the state as an 1 17 economic development enterprise zone. The area meeting the 1 18 requirements for eligibility for an urban or rural enterprise 1 19 community shall not be included for the purpose of determining 1 20 the area limitation pursuant to subsection 3. In creating an 1 21 enterprise zone, a citywith a population of twenty=four 1 22 thousand or morewhich includes at least three census tracts 1 23 with at least fifty percent of the population in each census 1 24 tract located in the city, as shown by the 2000 certified 1 25 federal census, may designate as part of the area tracts or 1 26 approved geographic units located in a contiguous city if such 1 27 tracts or approved geographic units meet the criteria and the 1 28 city agrees to being included. The city may establish more 1 29 than one enterprise zone. Reference in this division to 1 30 "city" means a citywith a population of twenty=four thousand 1 31 or morewhich includes at least three census tracts with at 1 32 least fifty percent of the population in each census tract 1 33 located in the city, as shown by the 2000 certified federal 1 34 census. 1 35 Sec. 2. Section 15E.192, subsection 4, Code Supplement 2 1 2005, is amended to read as follows: 2 2 4. An enterprise zone designation shall remain in effect 2 3 for ten years following the date of certification. Prior to 2 4 the expiration of an enterprise zone designation, a city or 2 5 county meeting the distress criteria in section 15E.194 may 2 6 apply for a one=time ten=year extension of the designation. 2 7 In applying for a one=time ten=year extension of an enterprise 2 8 zone designation, a city or county may redefine the boundaries 2 9 of the enterprise zone provided that the redefined enterprise 2 10 zone meets the applicable distress criteria provided in 2 11 section 15E.194. Any state or local incentives or assistance 2 12 that may be conferred must be conferred before the designation 2 13 expires. However, the benefits of the incentive or assistance 2 14 may continue beyond the expiration. 2 15 Sec. 3. Section 15E.195, subsection 2, Code 2005, is 2 16 amended to read as follows: 2 17 2. A citywith a population of twenty=four thousand or 2 18 morewhich includes at least three census tracts with at least 2 19 fifty percent of the population in each census tract located 2 20 in the city and which designates an enterprise zone pursuant 2 21 to section 15E.194, subsection 2, and in which an eligible 2 22 enterprise zone is certified shall establish an enterprise 2 23 zone commission to review applications from qualified 2 24 businesses located within or requesting to locate within an 2 25 enterprise zone to receive incentives or assistance as 2 26 provided in section 15E.196. The enterprise zone commission 2 27 shall review applications from qualified housing businesses 2 28 requesting to receive incentives or assistance as provided in 2 29 section 15E.193B. The commission shall consist of nine 2 30 members. Six of these members shall consist of one 2 31 representative of an international labor organization, one 2 32 member with economic development expertise chosen by the 2 33 department of economic development, one representative of the 2 34 city council, one member of the local community college board 2 35 of directors, one member of the city planning and zoning 3 1 commission, and one representative of the local workforce 3 2 development center. These six members shall select the 3 3 remaining three members. If the enterprise zone consists of 3 4 an area meeting the requirements for eligibility for an urban 3 5 enterprise community under Title XIII of the federal Omnibus 3 6 Budget Reconciliation Act of 1993, one of the remaining three 3 7 members shall be a representative of that community. If a 3 8 city contiguous to the city designating the enterprise zone is 3 9 included in an enterprise zone, a representative of the 3 10 contiguous city, chosen by the city council, shall be a member 3 11 of the commission. A city in which an eligible enterprise 3 12 zone is certified shall have only one enterprise zone 3 13 commission. If a city has established an enterprise zone 3 14 commission prior to July 1, 1998, the city may petition to the 3 15 department of economic development to change the structure of 3 16 the existing commission. 3 17 Sec. 4. EFFECTIVE AND RETROACTIVE APPLICABILITY DATES. 3 18 This Act, being deemed of immediate importance, takes effect 3 19 upon enactment and, if enacted after March 1, 2006, applies 3 20 retroactively to March 1, 2006. 3 21 EXPLANATION 3 22 This bill relates to eligibility requirements and 3 23 certification of enterprise zones under the enterprise zone 3 24 program and includes effective and retroactive applicability 3 25 dates. 3 26 Currently, a city with a population of 24,000 or more is 3 27 eligible to designate an enterprise zone if the enterprise 3 28 zone meets certain distress criteria. The bill eliminates the 3 29 24,000 population threshold and, instead, provides that a city 3 30 which includes at least three census tracts with at least 50 3 31 percent of the population in each census tract located in the 3 32 city, as shown by the 2000 certified federal census, is 3 33 eligible to designate an enterprise zone if the enterprise 3 34 zone meets certain distress criteria. 3 35 The bill provides that, prior to the expiration of an 4 1 enterprise zone designation, a city or county meeting certain 4 2 distress criteria may apply for a one=time 10=year extension 4 3 of the enterprise zone designation. The bill provides that, 4 4 in applying for a one=time 10=year extension, a city or county 4 5 may redefine the boundaries of the enterprise zone, provided 4 6 the redefined enterprise zone meets the applicable distress 4 7 criteria. 4 8 The bill takes effect upon enactment and, if enacted after 4 9 March 1, 2006, applies retroactively to March 1, 2006. 4 10 LSB 6084HV 81 4 11 tm:nh/gg/14