House File 2240 - Introduced



                                       HOUSE FILE       
                                       BY  REICHERT


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

                                      A BILL FOR

  1 An Act relating to the Iowa power fund, specifying procedures
  2    applicable to Iowa power fund applications, authorizing
  3    allocations from the fund, and providing an effective date and
  4    applicability provision.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 5737HH 82
  7 rn/nh/8

PAG LIN



  1  1    Section 1.  Section 22.7, Code Supplement 2007, is amended
  1  2 by adding the following new subsection:
  1  3    NEW SUBSECTION.  60.  Information possessed by the office
  1  4 of energy independence, the Iowa power fund board, or the due
  1  5 diligence committee associated with the office and the board,
  1  6 relating to a prospective applicant with which the office,
  1  7 board, or committee is currently negotiating, or an award
  1  8 recipient, to the extent authorized pursuant to section 469.6,
  1  9 subsection 6.
  1 10    Sec. 2.  Section 469.6, subsection 5, paragraph d, Code
  1 11 Supplement 2007, is amended to read as follows:
  1 12    d.  Direct moneys from the fund to be used to purchase
  1 13 private or public technical assistance needed to conduct due
  1 14 diligence activities, to facilitate a technical, scientific,
  1 15 or financial review relating to an application for financial
  1 16 assistance to the extent not financed by the applicant and if
  1 17 recommended by the due diligence committee, and to develop an
  1 18 Iowa energy independence plan, pursuant to section 469.10,
  1 19 subsection 3A.  Other than applicant financing of a technical,
  1 20 scientific, or financial review of an application for
  1 21 financial assistance if agreed to by an applicant and the due
  1 22 diligence committee, an application fee shall not be imposed.
  1 23    Sec. 3.  Section 469.6, Code Supplement 2007, is amended by
  1 24 adding the following new subsection:
  1 25    NEW SUBSECTION.  6.  Upon receipt of a written request by
  1 26 an applicant or award recipient that includes a sufficient
  1 27 explanation why public disclosure of specific details in the
  1 28 application, the contract, or any supporting materials that
  1 29 are part of the application or contract would give an unfair
  1 30 advantage to competitors, the board may keep specific details
  1 31 confidential.  If confidentiality is conferred, in response to
  1 32 a request for records pursuant to chapter 22, the board shall
  1 33 release only the nonconfidential portion of the application,
  1 34 the contract, or any supporting materials that are part of the
  1 35 application or contract, the request with the explanation of
  2  1 the need for confidentiality, and a brief summary of the
  2  2 nature of the confidential information that is withheld.  If a
  2  3 request for confidentiality is denied, the applicant may
  2  4 withdraw the application and supporting materials and the
  2  5 board shall not retain a copy.  Upon notice that the
  2  6 application is withdrawn, the board shall not provide a copy
  2  7 in response to a pending request pursuant to chapter 22.
  2  8    Sec. 4.  Section 469.10, subsection 1, Code Supplement
  2  9 2007, is amended to read as follows:
  2 10    1.  There is appropriated from the general fund of the
  2 11 state to the office of energy independence for each fiscal
  2 12 year of the fiscal period beginning July 1, 2008, and ending
  2 13 June 30, 2011, the sum of twenty=five million dollars to be
  2 14 used for awarding grants and making loans from the Iowa power
  2 15 fund, and for all other purposes specified in and consistent
  2 16 with this subchapter.
  2 17    Sec. 5.  Section 469.10, Code Supplement 2007, is amended
  2 18 by adding the following new subsection:
  2 19    NEW SUBSECTION.  3A.  Of the moneys appropriated to the
  2 20 office and deposited in the fund, the board may make
  2 21 allocations for the purchase of private or public technical
  2 22 assistance needed to conduct due diligence activities, to
  2 23 facilitate a technical, scientific, or financial review
  2 24 relating to an application for financial assistance to the
  2 25 extent not financed by the applicant and if recommended by the
  2 26 due diligence committee, and to develop an Iowa energy
  2 27 independence plan, in amounts and in instances as approved by
  2 28 the due diligence committee.
  2 29    Sec. 6.  2007 Iowa Acts, chapter 209, section 2, is amended
  2 30 to read as follows:
  2 31    SEC. 2.  IOWA POWER FUND.  There is appropriated from the
  2 32 general fund of the state to the office of energy
  2 33 independence, if enacted by 2007 Iowa Acts, House File 918, or
  2 34 its successor, for the fiscal year beginning July 1, 2006, and
  2 35 ending June 30, 2007, the following amount, or so much thereof
  3  1 as is necessary, to be used for the purposes designated:
  3  2    For deposit in the Iowa power fund, if enacted by 2007 Iowa
  3  3 Acts, House File 918, or its successor, to be used for
  3  4 awarding grants and making loans from the Iowa power fund, and
  3  5 for all other purposes specified in and consistent with the
  3  6 provisions of House File 918, or its successor:
  3  7 .................................................. $ 24,670,000
  3  8    1.  Of the moneys appropriated to the office and deposited
  3  9 in the fund, the office shall utilize up to one and
  3 10 five=tenths percent of the amount appropriated from the fund
  3 11 for administrative purposes.
  3 12    2.  Of the moneys appropriated to the office and deposited
  3 13 in the fund, there shall be allocated two million five hundred
  3 14 thousand dollars to the department of economic development for
  3 15 deposit into the workforce training and economic development
  3 16 funds of the community colleges created pursuant to section
  3 17 260C.18A.  Of the funds so deposited into the workforce
  3 18 training and economic development funds of the community
  3 19 colleges, two million five hundred thousand dollars shall be
  3 20 used each year in the development and expansion of energy
  3 21 industry areas and for the department's north American
  3 22 industrial classification system for targeted industry areas
  3 23 established pursuant to section 260C.18A.
  3 24    2A.  Of the moneys appropriated to the office and deposited
  3 25 in the fund, the board may allocate moneys for the purchase of
  3 26 private or public technical assistance needed to conduct due
  3 27 diligence activities, to facilitate a technical, scientific,
  3 28 or financial review relating to an application for financial
  3 29 assistance to the extent not financed by the applicant and if
  3 30 recommended by the due diligence committee, and to develop an
  3 31 Iowa energy independence plan.
  3 32    3.  Notwithstanding section 8.33, amounts appropriated
  3 33 pursuant to this section shall not revert but shall remain
  3 34 available for the purposes designated for the following fiscal
  3 35 year.  Notwithstanding section 12C.7, subsection 2, interest
  4  1 or earnings on moneys in the funds shall be credited to the
  4  2 fund.
  4  3    Sec. 7.  APPLICABILITY.  The section of this Act amending
  4  4 section 22.7, relating to an exception to the open records
  4  5 law, and enacting section 469.6, subsection 6, relating to
  4  6 board determination of confidentiality upon a request for
  4  7 records pursuant to chapter 22, shall apply to requests in
  4  8 relation to applications that are in process on the effective
  4  9 date of this Act.
  4 10    Sec. 8.  EFFECTIVE DATE.  This Act, being deemed of
  4 11 immediate importance, takes effect upon enactment.
  4 12                           EXPLANATION
  4 13    This bill relates to procedures applicable to applications
  4 14 for distributions from the Iowa power fund, and modifies
  4 15 provisions regarding authorized allocations from the fund.
  4 16    The bill provides with reference to the duties of the Iowa
  4 17 power fund board that the board may direct moneys from the
  4 18 fund to facilitate a technical, scientific, or financial
  4 19 review relating to an application to the extent that such a
  4 20 review is not financed by an applicant and if utilizing the
  4 21 funds for this purpose is recommended by the due diligence
  4 22 committee.  The bill states that beyond applicant financing of
  4 23 such a review if agreed to by an applicant and the board, no
  4 24 application fee for fund distribution applications will be
  4 25 imposed.  Utilization of fund moneys for this purpose,
  4 26 together with currently authorized expenditures by the board
  4 27 for the purchase of private or public technical assistance
  4 28 needed to conduct due diligence activities and to develop an
  4 29 Iowa energy independence plan, is added as an authorized
  4 30 allocation from amounts appropriated to the fund pursuant to
  4 31 Code section 469.10.  More generally, the bill provides that
  4 32 allocations of appropriated amounts may be made for all
  4 33 purposes specified in and consistent with the subchapter of
  4 34 the Code relating to the office of energy independence, the
  4 35 power fund board, the due diligence committee, the power fund,
  5  1 and related provisions.
  5  2    The bill accomplishes the foregoing by amending Code
  5  3 section 469.6, relating to the duties of the Iowa power fund
  5  4 board, by amending Code section 469.10, subsection 1,
  5  5 regarding appropriations for the fiscal period beginning July
  5  6 1, 2008, and ending June 30, 2011, and amending the 2007 Iowa
  5  7 Acts for the one=year appropriation beginning July 1, 2006,
  5  8 and ending June 30, 2007.
  5  9    The bill also provides an exception from open records law
  5 10 provisions of Code chapter 22, for information possessed by
  5 11 the office of energy independence, the Iowa power fund board,
  5 12 and the due diligence committee associated with the office and
  5 13 the board relating to a prospective applicant with which the
  5 14 office, board, or committee is currently negotiating, or an
  5 15 award recipient, to the extent authorized by the board.  In
  5 16 connection with this exception, the bill provides that upon
  5 17 receipt of a written request by an applicant or award
  5 18 recipient explaining why public disclosure of specific details
  5 19 in the application, the contract, or any supporting materials
  5 20 that are part of the application or contract would give an
  5 21 unfair advantage to competitors, the board may keep specific
  5 22 details confidential.  In that event, the bill states that in
  5 23 response to a request for records pursuant to Code chapter 22
  5 24 the board shall release only the nonconfidential portion of
  5 25 the application, the contract, or any supporting materials,
  5 26 the request explaining the need for confidentiality, and a
  5 27 brief summary of the nature of the confidential information
  5 28 that is withheld.  The bill provides that if a request for
  5 29 confidentiality is denied, the applicant may withdraw the
  5 30 application and supporting materials and the board will not
  5 31 retain a copy or provide a copy in response to a pending
  5 32 request pursuant to Code chapter 22.  The bill provides that
  5 33 the provisions relating to open records requests and board
  5 34 determination of confidentiality are applicable to requests
  5 35 for records relating to applications in process on the
  6  1 effective date of the bill.
  6  2    The bill takes effect upon enactment.
  6  3 LSB 5737HH 82
  6  4 rn/nh/8