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