House File 2462 - Introduced



                                       HOUSE FILE       
                                       BY  FORD


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

                                      A BILL FOR

  1 An Act relating to urban renewal plans and areas, by placing a
  2    durational limitation on the use of tax increment financing in
  3    certain urban renewal areas, relating to amendments to urban
  4    renewal plans, requiring voter approval of certain urban
  5    renewal projects, and including effective, retroactive, and
  6    other applicability date provisions.
  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  8 TLSB 6398HH 82
  9 sc/rj/14

PAG LIN



  1  1    Section 1.  Section 403.5, subsection 5, Code 2007, is
  1  2 amended to read as follows:
  1  3    5.  An urban renewal plan may be modified amended at any
  1  4 time:  Provided, that.  However, if modified the urban renewal
  1  5 plan is amended after the lease or sale by the municipality of
  1  6 real property in the urban renewal project area, such
  1  7 modification amendment may be conditioned upon such approval
  1  8 of the owner, lessee, or successor in interest as the
  1  9 municipality may deem advisable, and in any event such
  1 10 modification amendment shall be subject to such rights at law
  1 11 or in equity as a lessee or purchaser, or a lessee's or
  1 12 purchaser's successor or successors in interest, may be
  1 13 entitled to assert.  The A project may be added to an urban
  1 14 renewal plan only by an amendment to the plan.  Territory may
  1 15 be added to, or severed from, an urban renewal area only by an
  1 16 amendment to the urban renewal plan.  When amending an urban
  1 17 renewal plan, the municipality shall comply with the
  1 18 notification and consultation process provided in this section
  1 19 prior to the approval of any amendment or modification to an
  1 20 adopted urban renewal plan if such amendment or modification
  1 21 provides for refunding bonds or refinancing resulting in an
  1 22 increase in debt service or provides for the issuance of bonds
  1 23 or other indebtedness, to be funded primarily in the manner
  1 24 provided in section 403.19, or if such amendment proposes to
  1 25 add a project to an urban renewal plan or proposes to add
  1 26 territory to an urban renewal area or proposes to sever
  1 27 territory from an urban renewal area.
  1 28    Sec. 2.  Section 403.5, Code 2007, is amended by adding the
  1 29 following new subsection:
  1 30    NEW SUBSECTION.  5A.  Before an urban renewal plan may be
  1 31 amended to add a project to the plan, the proposed amendment
  1 32 to the plan shall be submitted to the registered voters of the
  1 33 municipality.  If the amendment to the plan is approved at
  1 34 election, the governing body of the municipality may proceed
  1 35 with adoption of the amendment to the plan.  If the proposed
  2  1 amendment to the plan is not approved at election, the same or
  2  2 similar proposal shall not be submitted to the voters for a
  2  3 period of twelve months from the date of the election.
  2  4    Sec. 3.  Section 403.5, subsection 6, Code 2007, is amended
  2  5 to read as follows:
  2  6    6.  Upon the approval by a municipality of an urban renewal
  2  7 plan or of any modification thereof amendment to an urban
  2  8 renewal plan or upon approval of an amendment to an urban
  2  9 renewal plan pursuant to subsection 5A, such plan or
  2 10 modification amendment shall be deemed to be in full force and
  2 11 effect for the respective urban renewal area, and the
  2 12 municipality may then cause such plan or modification
  2 13 amendment to be carried out in accordance with its terms.
  2 14    Sec. 4.  NEW SECTION.  403.5A  DURATIONAL LIMITATIONS ON
  2 15 URBAN RENEWAL AREAS.
  2 16    1.  Notwithstanding section 403.17, subsection 10, if an
  2 17 urban renewal plan for an urban renewal area is based upon a
  2 18 finding that the area is an economic development area, then
  2 19 the division of revenue provided in section 403.19 and stated
  2 20 in the plan shall be limited to fifteen years beginning with
  2 21 the calendar year following the calendar year in which the
  2 22 municipality first certifies to the county auditor the amount
  2 23 of any loans, advances, indebtedness, or bonds which qualify
  2 24 for payment from the division of revenue provided in section
  2 25 403.19.  This subsection applies to urban renewal plans for
  2 26 economic development areas adopted on or after January 1,
  2 27 2008.
  2 28    2.  If an urban renewal plan for an urban renewal area is
  2 29 based upon a finding that the area is a slum or blighted area,
  2 30 then the division of revenue provided in section 403.19 and
  2 31 stated in the plan shall be limited to fifteen years beginning
  2 32 with the calendar year following the calendar year in which
  2 33 the municipality first certifies to the county auditor the
  2 34 amount of any loans, advances, indebtedness, or bonds which
  2 35 qualify for payment from the division of revenue provided in
  3  1 section 403.19.  This subsection applies to urban renewal
  3  2 plans for slum or blighted areas adopted on or after January
  3  3 1, 2008.
  3  4    Sec. 5.  Section 403.6, subsection 6, paragraph b, Code
  3  5 2007, is amended to read as follows:
  3  6    b.  Urban renewal plans adopted, or amended, pursuant to
  3  7 the requirements of section 403.5;
  3  8    Sec. 6.  Section 403.6, subsection 12, Code 2007, is
  3  9 amended to read as follows:
  3 10    12.  To approve and amend urban renewal plans, subject to
  3 11 the requirements of section 403.5.
  3 12    Sec. 7.  EFFECTIVE AND APPLICABILITY DATE.  The sections of
  3 13 this Act amending section 403.5, subsections 5 and 6, enacting
  3 14 section 403.5, subsection 5A, and amending section 403.6,
  3 15 being deemed of immediate importance, take effect upon
  3 16 enactment and apply to amendments to urban renewal plans if
  3 17 such amendments are proposed by a municipality on or after the
  3 18 effective date of this Act.
  3 19                           EXPLANATION
  3 20    This bill makes changes relating to urban renewal plans and
  3 21 areas.
  3 22    The bill provides that a project may be added to an urban
  3 23 renewal plan, or territory added to or severed from an urban
  3 24 renewal area, only by an amendment to the urban renewal plan.
  3 25 The bill also provides that before an urban renewal plan may
  3 26 be amended to add a project to the plan, the proposed
  3 27 amendment must be approved at an election.  If the proposal is
  3 28 not approved at an election, the same or similar proposal
  3 29 shall not be submitted to the voters for a period of twelve
  3 30 months from the date of the election.  These provisions of the
  3 31 bill take effect upon enactment and apply to amendments to
  3 32 urban renewal plans if such amendments are proposed on or
  3 33 after the effective date.
  3 34    The bill establishes a durational limitation of 15 years
  3 35 for dividing revenue in an urban renewal area designated as an
  4  1 economic development area or as a slum or blighted area and
  4  2 established by an urban renewal plan adopted by a municipality
  4  3 on or after January 1, 2008.  Currently, a division of revenue
  4  4 in urban renewal areas designated as economic development
  4  5 areas and established by an urban renewal plan adopted on or
  4  6 after January 1, 1995, is limited in duration to 20 years.
  4  7 LSB 6398HH 82
  4  8 sc/rj/14