House File 2627 - Introduced
HOUSE FILE
BY COMMITTEE ON COMMERCE
(SUCCESSOR TO HF 2240)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to energy independence initiatives, specifying
2 procedures applicable to Iowa power fund applications,
3 authorizing allocations from the fund, including certain
4 alternative or renewable energies applicable to specified
5 energy independence initiatives, and providing an effective
6 date and applicability provision.
7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
8 TLSB 5737HV 82
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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. a. In establishing guidelines,
1 26 procedures, and policies for the awarding of financial
1 27 assistance, the board shall give due regard to the
1 28 confidentiality of certain information disclosed during the
1 29 financial assistance application process and the contract
1 30 administration process.
1 31 b. All information contained in an application for
1 32 financial assistance submitted to the board shall remain
1 33 confidential while the board is reviewing the application,
1 34 processing requests for confidentiality, negotiating with the
1 35 applicant, and preparing the application for consideration by
2 1 the board. After the board has considered a request for
2 2 confidentiality, any information not deemed confidential by
2 3 the board shall be made publicly available. Any information
2 4 deemed confidential by the board shall also be kept
2 5 confidential by the office and board during administration of
2 6 a contract executed pursuant to a successful application.
2 7 c. The board shall consider the written request of an
2 8 applicant or award recipient to keep confidential certain
2 9 details of an application, a contract, or the materials
2 10 submitted in support of an application or a contract. If the
2 11 request includes a sufficient explanation as to why the public
2 12 disclosure of such details would give an unfair advantage to
2 13 competitors, the board may keep certain details confidential.
2 14 If the board elects to keep certain details confidential, the
2 15 board shall release only the nonconfidential details in
2 16 response to a request for records pursuant to chapter 22. If
2 17 confidential details are withheld from a request for records
2 18 pursuant to chapter 22, the board shall release an explanation
2 19 of why the information was deemed confidential and a summary
2 20 of the nature of the information withheld. In considering
2 21 requests for confidential treatment, the board shall narrowly
2 22 construe the provisions of this paragraph and paragraphs "a",
2 23 "b", "d", and "e" in order to appropriately balance an
2 24 applicant's need for confidentiality against the public's
2 25 right to information about the board's activities.
2 26 d. If a request for confidentiality is denied by the
2 27 board, an applicant may withdraw an application and any
2 28 supporting materials, and the board shall not retain any
2 29 copies of the application. Upon notice that an application
2 30 has been withdrawn, the board shall not release a copy in
2 31 response to a request for records pursuant to chapter 22.
2 32 e. The board shall adopt by rule a process for considering
2 33 requests to keep information confidential pursuant to this
2 34 paragraph and paragraphs "a" through "d". The board may adopt
2 35 emergency rules pursuant to chapter 17A. The rules shall
3 1 include a reasonable period of time for keeping information
3 2 confidential. At the end of such period of time, the board
3 3 may reevaluate its decision to keep information confidential.
3 4 When reevaluating a decision to keep information confidential,
3 5 the board shall use the same standard used to make the initial
3 6 decision. The rules shall also include criteria for guiding
3 7 the board's decisions about the confidential treatment of
3 8 applicant information. The criteria may include, but are not
3 9 limited to the following:
3 10 (1) The nature and extent of competition in the
3 11 applicant's industry sector.
3 12 (2) The likelihood of adverse financial impact to the
3 13 applicant if the information were to be released.
3 14 (3) The risk that the applicant would locate in another
3 15 state if the request is denied.
3 16 (4) Any other factor the board reasonably considers
3 17 relevant.
3 18 Sec. 4. Section 469.10, subsection 1, Code Supplement
3 19 2007, is amended to read as follows:
3 20 1. There is appropriated from the general fund of the
3 21 state to the office of energy independence for each fiscal
3 22 year of the fiscal period beginning July 1, 2008, and ending
3 23 June 30, 2011, the sum of twenty=five million dollars to be
3 24 used for awarding grants and making loans from the Iowa power
3 25 fund, and for all other purposes specified in and consistent
3 26 with this subchapter.
3 27 Sec. 5. Section 469.10, Code Supplement 2007, is amended
3 28 by adding the following new subsection:
3 29 NEW SUBSECTION. 3A. Of the moneys appropriated to the
3 30 office and deposited in the fund, the board may make
3 31 allocations for the purchase of private or public technical
3 32 assistance needed to conduct due diligence activities, to
3 33 facilitate a technical, scientific, or financial review
3 34 relating to an application for financial assistance to the
3 35 extent not financed by the applicant and if recommended by the
4 1 due diligence committee, and to develop an Iowa energy
4 2 independence plan, in amounts and in instances as approved by
4 3 the due diligence committee.
4 4 Sec. 6. Section 469.31, subsection 2, Code Supplement
4 5 2007, is amended to read as follows:
4 6 2. "Alternative and renewable energy" means energy sources
4 7 including but not limited to solar, wind turbine, waste
4 8 management, resource recovery, recovered energy generation,
4 9 refuse=derived fuel, hydroelectric, agricultural crops or
4 10 residues, hydrogen produced using renewable fuel sources,
4 11 nuclear, and woodburning, or relating to renewable fuel
4 12 development and distribution.
4 13 Sec. 7. 2007 Iowa Acts, chapter 209, section 2, is amended
4 14 to read as follows:
4 15 SEC. 2. IOWA POWER FUND. There is appropriated from the
4 16 general fund of the state to the office of energy
4 17 independence, if enacted by 2007 Iowa Acts, House File 918, or
4 18 its successor, for the fiscal year beginning July 1, 2006, and
4 19 ending June 30, 2007, the following amount, or so much thereof
4 20 as is necessary, to be used for the purposes designated:
4 21 For deposit in the Iowa power fund, if enacted by 2007 Iowa
4 22 Acts, House File 918, or its successor, to be used for
4 23 awarding grants and making loans from the Iowa power fund, and
4 24 for all other purposes specified in and consistent with the
4 25 provisions of House File 918, or its successor:
4 26 .................................................. $ 24,670,000
4 27 1. Of the moneys appropriated to the office and deposited
4 28 in the fund, the office shall utilize up to one and
4 29 five=tenths percent of the amount appropriated from the fund
4 30 for administrative purposes.
4 31 2. Of the moneys appropriated to the office and deposited
4 32 in the fund, there shall be allocated two million five hundred
4 33 thousand dollars to the department of economic development for
4 34 deposit into the workforce training and economic development
4 35 funds of the community colleges created pursuant to section
5 1 260C.18A. Of the funds so deposited into the workforce
5 2 training and economic development funds of the community
5 3 colleges, two million five hundred thousand dollars shall be
5 4 used each year in the development and expansion of energy
5 5 industry areas and for the department's north American
5 6 industrial classification system for targeted industry areas
5 7 established pursuant to section 260C.18A.
5 8 2A. Of the moneys appropriated to the office and deposited
5 9 in the fund, the board may allocate moneys for the purchase of
5 10 private or public technical assistance needed to conduct due
5 11 diligence activities, to facilitate a technical, scientific,
5 12 or financial review relating to an application for financial
5 13 assistance to the extent not financed by the applicant and if
5 14 recommended by the due diligence committee, and to develop an
5 15 Iowa energy independence plan.
5 16 3. Notwithstanding section 8.33, amounts appropriated
5 17 pursuant to this section shall not revert but shall remain
5 18 available for the purposes designated for the following fiscal
5 19 year. Notwithstanding section 12C.7, subsection 2, interest
5 20 or earnings on moneys in the funds shall be credited to the
5 21 fund.
5 22 Sec. 8. APPLICABILITY. The section of this Act amending
5 23 section 22.7, relating to an exception to the open records
5 24 law, and enacting section 469.6, subsection 6, relating to
5 25 board determination of confidentiality upon a request for
5 26 records pursuant to chapter 22, shall apply to requests in
5 27 relation to applications that are in process on the effective
5 28 date of this Act.
5 29 Sec. 9. EFFECTIVE DATE. This Act, being deemed of
5 30 immediate importance, takes effect upon enactment.
5 31 EXPLANATION
5 32 This bill relates to energy independence initiatives,
5 33 specifying procedures applicable to applications for
5 34 distributions from the Iowa power fund, modifying provisions
5 35 regarding authorized allocations from the fund, and adding an
6 1 additional energy source to a definition of alternative and
6 2 renewable energy.
6 3 The bill provides with reference to the duties of the Iowa
6 4 power fund board that the board may direct moneys from the
6 5 fund to facilitate a technical, scientific, or financial
6 6 review relating to an application to the extent that such a
6 7 review is not financed by an applicant and if utilizing the
6 8 funds for this purpose is recommended by the due diligence
6 9 committee. The bill states that beyond applicant financing of
6 10 such a review if agreed to by an applicant and the board, no
6 11 application fee for fund distribution applications will be
6 12 imposed. Utilization of fund moneys for this purpose,
6 13 together with currently authorized expenditures by the board
6 14 for the purchase of private or public technical assistance
6 15 needed to conduct due diligence activities and to develop an
6 16 Iowa energy independence plan, is added as an authorized
6 17 allocation from amounts appropriated to the fund pursuant to
6 18 Code section 469.10. More generally, the bill provides that
6 19 allocations of appropriated amounts may be made for all
6 20 purposes specified in and consistent with the subchapter of
6 21 the Code relating to the office of energy independence, the
6 22 power fund board, the due diligence committee, the power fund,
6 23 and related provisions.
6 24 The bill accomplishes the foregoing by amending Code
6 25 section 469.6, relating to the duties of the Iowa power fund
6 26 board, by amending Code section 469.10, subsection 1,
6 27 regarding appropriations for the fiscal period beginning July
6 28 1, 2008, and ending June 30, 2011, and amending the 2007 Iowa
6 29 Acts for the one=year appropriation beginning July 1, 2006,
6 30 and ending June 30, 2007.
6 31 The bill also provides an exception from open records law
6 32 provisions of Code chapter 22, for information possessed by
6 33 the office of energy independence, the Iowa power fund board,
6 34 and the due diligence committee associated with the office and
6 35 the board relating to a prospective applicant with which the
7 1 office, board, or committee is currently negotiating, or an
7 2 award recipient, to the extent authorized by the board. In
7 3 connection with this exception, the bill provides that all
7 4 information contained in an application for financial
7 5 assistance submitted to the board shall remain confidential
7 6 while the board is reviewing an application, processing
7 7 confidentiality requests, negotiating with an applicant, and
7 8 preparing an application for consideration. The bill further
7 9 provides that the board shall consider a written request by an
7 10 applicant or award recipient to keep certain details of an
7 11 application, contract, or supporting materials confidential,
7 12 and may honor that request if convinced that public disclosure
7 13 may give an unfair advantage to competitors. In that event,
7 14 the board will only make publicly available information not
7 15 deemed confidential by the board, and shall release an
7 16 explanation of why certain information is deemed confidential
7 17 and a summary of the nature of the withheld information. If a
7 18 request for confidentiality is denied, an applicant may
7 19 withdraw an application and supporting materials, and the
7 20 board shall not retain a copy or release any material in
7 21 response to an open records request. The bill directs the
7 22 board by rule to develop a process for considering
7 23 confidentiality requests, confers emergency rulemaking
7 24 authority on the board, and requires the board to determine a
7 25 reasonable time frame for maintaining the confidential status
7 26 of materials deemed such, after which the board may reevaluate
7 27 the determination of confidentiality. The bill also specifies
7 28 criteria the board may use in making confidentiality
7 29 determinations.
7 30 Additionally, the bill adds nuclear energy to the
7 31 definition of alternative and renewable energy applicable to
7 32 Code chapter 469 relating to energy independence initiatives.
7 33 The bill takes effect upon enactment.
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