House Study Bill 742 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON APPROPRIATIONS BILL BY CHAIRPERSON OLDSON) A BILL FOR An Act relating to and making, reducing, and transferring 1 appropriations to state departments and agencies from 2 the rebuild Iowa infrastructure fund, the technology 3 reinvestment fund, the revenue bonds capitals fund, the 4 revenue bonds capitals II fund, the FY 2009 prison bonding 5 fund, and other funds, creating the Iowa jobs II program, 6 and the revenue bonds federal subsidy holdback fund, 7 providing for related matters, and providing an effective 8 date. 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 10 TLSB 6280YC (1) 83 rh/tm
H.F. _____ DIVISION I 1 REBUILD IOWA INFRASTRUCTURE FUND 2 Section 1. There is appropriated from the rebuild Iowa 3 infrastructure fund to the following departments and agencies 4 for the fiscal year beginning July 1, 2010, and ending June 5 30, 2011, the following amounts, or so much thereof as is 6 necessary, to be used for the purposes designated: 7 1. DEPARTMENT OF ADMINISTRATIVE SERVICES 8 a. For distribution to other governmental entities for 9 the payment of services related to the integrated information 10 for Iowa system, notwithstanding section 8.57, subsection 6, 11 paragraph “c”: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,700,000 13 Moneys appropriated in this lettered paragraph shall be 14 separately accounted for in a distribution account and shall be 15 distributed to other governmental entities based upon a formula 16 established by the department to pay for services associated 17 with the integrated information for Iowa system provided during 18 the fiscal year by the department. 19 During the fiscal year, the department may use up to 20 $1,000,000 of unexpended or unobligated funds in the 21 information technology operations fund established under the 22 provisions of section 8A.123 to provide funding for costs 23 associated with the integrated information for Iowa system. By 24 October 31, 2011, the department shall report to the department 25 of management and the legislative services agency regarding any 26 moneys that are used for this purpose. 27 b. For costs associated with Mercy capitol hospital 28 building operations, notwithstanding section 8.57, subsection 29 6, paragraph “c”: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,083,175 31 Moneys appropriated in this paragraph shall not be used 32 for purposes of the renovation of the Mercy capitol hospital 33 building. 34 c. For the state’s share of support in conjunction with 35 -1- LSB 6280YC (1) 83 rh/tm 1/ 77
H.F. _____ the city of Des Moines and local area businesses to provide 1 a free shuttle service to the citizens of Iowa that includes 2 transportation between the capitol complex and the downtown 3 Des Moines area, notwithstanding section 8.57, subsection 6, 4 paragraph “c”: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,000 6 Details for the shuttle service, including the route to 7 be served, shall be determined pursuant to an agreement to 8 be entered into by the department with the Des Moines area 9 regional transit authority (DART) and any other participating 10 entities. 11 Of the amount appropriated in this lettered paragraph, up to 12 $50,000 shall be used to encourage state employees to utilize 13 transit services provided by the Des Moines area regional 14 transit authority. 15 2. DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP 16 For the administration of the watershed improvement review 17 board established in section 466A.3, notwithstanding section 18 8.57, subsection 6, paragraph “c”: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 20 3. DEPARTMENT FOR THE BLIND 21 For costs associated with universal access to audio 22 information over the phone on demand for blind and print 23 handicapped Iowans, notwithstanding section 8.57, subsection 24 6, paragraph “c”: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,000 26 4. DEPARTMENT OF CULTURAL AFFAIRS 27 a. For continuation of the project recommended by the Iowa 28 battle flag advisory committee to stabilize the condition of 29 the battle flag collection, notwithstanding section 8.57, 30 subsection 6, paragraph “c”: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 60,000 32 b. For purposes of maintenance and repairs of historic 33 sites: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 40,000 35 -2- LSB 6280YC (1) 83 rh/tm 2/ 77
H.F. _____ 5. DEPARTMENT OF ECONOMIC DEVELOPMENT 1 a. For deposit in the workforce training and economic 2 development funds for each community college in section 3 260C.18A, notwithstanding section 8.57, subsection 6, paragraph 4 “c”: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 6 b. To the 6th avenue corridor for improvements to the 7 streetscape associated with the national mainstreet conference 8 and for additional architectural and engineering design 9 plans for economic development and community revitalization, 10 notwithstanding section 8.57, subsection 6, paragraph “c”: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 12 c. To develop site plans for the southeast Iowa regional 13 economic and port authority including plans for infrastructure 14 for economic development, notwithstanding section 8.57, 15 subsection 6, paragraph “c”: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 17 d. For equal distribution to regional sports authority 18 districts certified by the department pursuant to section 19 15E.321, notwithstanding section 8.57, subsection 6, paragraph 20 “c”: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 22 e. For administration and support of the world food prize 23 including the Borlaug/Ruan scholar program, notwithstanding 24 section 8.57, subsection 6, paragraph “c”: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 26 6. DEPARTMENT OF EDUCATION 27 To provide resources for structural and technological 28 improvements to local libraries and for the enrich Iowa 29 program, notwithstanding section 8.57, subsection 6, paragraph 30 “c”: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 32 Of the moneys appropriated in this subsection, $50,000 shall 33 be allocated equally to each library service area. 34 7. DEPARTMENT OF NATURAL RESOURCES 35 -3- LSB 6280YC (1) 83 rh/tm 3/ 77
H.F. _____ a. For floodplain management and dam safety, 1 notwithstanding section 8.57, subsection 6, paragraph “c”: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 3 Of the amounts appropriated in this lettered paragraph, 4 up to $400,000 is authorized for steam gages to be used 5 for tracking and predicting flood events and for compiling 6 necessary data relating to flood frequency analysis. 7 b. For costs associated with the construction of a permanent 8 structure for handicapped persons and senior citizens in a 9 county with a population between 37,150 and 37,250: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 40,000 11 c. For costs associated with the hiring and employment of an 12 asset manager at Honey creek resort state park, notwithstanding 13 section 8.57, subsection 6, paragraph “c”: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 15 The department shall issue a request for proposals to 16 competitively procure the services of an asset manager which 17 shall be selected by the natural resource commission. The 18 asset manager shall have hospitality management experience 19 of at least five years including at least three years asset 20 management experience in a setting similar in size and quality 21 to the Honey creek resort state park with a similar type of 22 market. The duties and job responsibilities of the asset 23 manager shall include but are not limited to reviewing and 24 commenting on the resort’s sales and marketing plan, providing 25 for the operation of the resort in a manner consistent with 26 the requirements and limitations set forth in the resort’s 27 operating agreement, monitoring and supervising the resort 28 including site visits, and negotiating and recommending an 29 annual operating budget and budget plan. The asset manager 30 shall report to bond counsel, the governor, the Honey creek 31 authority, the department of natural resources, and the 32 legislative services agency. 33 8. DEPARTMENT OF PUBLIC DEFENSE 34 a. For major maintenance projects at national guard 35 -4- LSB 6280YC (1) 83 rh/tm 4/ 77
H.F. _____ armories and facilities: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,500,000 2 b. For renovation and facility improvements at the Iowa 3 Falls readiness center: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 5 c. For renovation and facility improvements at the Cedar 6 Rapids armed forces readiness center: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,000 8 d. For renovation and facility improvements at the 9 Middletown readiness center: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 11 9. DEPARTMENT OF PUBLIC HEALTH 12 For a grant to an existing national affiliated volunteer eye 13 organization that has an established program for children and 14 adults and that is solely dedicated to preserving sight and 15 preventing blindness through education, nationally certified 16 vision screening and training, community and patient service 17 programs, notwithstanding section 8.57, subsection 6, paragraph 18 “c”: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 20 10. IOWA FINANCE AUTHORITY 21 For transfer to the Polk county housing trust fund for the 22 construction of facilities to meet the specialized needs of 23 adult persons with severe and profound disabilities who have 24 high medical needs: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 26 11. STATE BOARD OF REGENTS 27 a. For allocation by the state board of regents to the 28 state university of Iowa, the Iowa state university of 29 science and technology, and the university of northern Iowa to 30 reimburse the institutions for deficiencies in the operating 31 funds resulting from the pledging of tuition, student fees 32 and charges, and institutional income to finance the cost of 33 providing academic and administrative buildings and facilities 34 and utility services at the institutions, notwithstanding 35 -5- LSB 6280YC (1) 83 rh/tm 5/ 77
H.F. _____ section 8.57, subsection 6, paragraph “c”: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 24,305,412 2 b. For the Iowa flood center at the state university of Iowa 3 for use by the university’s college of engineering, pursuant 4 to section 466C.1, notwithstanding section 8.57, subsection 6, 5 paragraph “c”: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,300,000 7 c. To Iowa state university of science and technology to 8 purchase veterinary surgical and other equipment to modernize 9 the animal care facilities at the blank park zoo as part of 10 a cooperative effort of blank park zoo and the college of 11 veterinary medicine, notwithstanding section 8.57, subsection 12 6, paragraph “c”: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 400,000 14 12. TREASURER OF STATE 15 For county fair infrastructure improvements for distribution 16 in accordance with chapter 174 to qualified fairs which belong 17 to the association of Iowa fairs: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,060,000 19 13. DEPARTMENT OF TRANSPORTATION 20 For infrastructure improvements at general aviation airports 21 within the state: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 750,000 23 14. DEPARTMENT OF VETERANS AFFAIRS 24 For transfer to the Iowa finance authority for the 25 continuation of the home ownership assistance program for 26 persons who are or were eligible members of the armed forces of 27 the United States, pursuant to section 16.54, notwithstanding 28 section 8.57, subsection 6, paragraph “c”: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 30 Sec. 2. There is appropriated from the rebuild Iowa 31 infrastructure fund to the following departments and agencies 32 for the following fiscal years, the following amounts, or so 33 much thereof as is necessary, to be used for the purposes 34 designated: 35 -6- LSB 6280YC (1) 83 rh/tm 6/ 77
H.F. _____ 1. DEPARTMENT OF CORRECTIONS 1 For project management costs at Fort Madison and 2 Mitchellville prison, associated with construction projects at 3 the department, notwithstanding section 8.57, subsection 6, 4 paragraph “c”: 5 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,500,000 6 FY 2012-2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 7 FY 2013-2014 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,000 8 2. DEPARTMENT OF NATURAL RESOURCES 9 For state park infrastructure improvements: 10 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 11 FY 2012-2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 12 FY 2013-2014 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 13 FY 2014-2015 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 14 Sec. 3. REVERSION. For purposes of section 8.33, unless 15 specifically provided otherwise, unencumbered or unobligated 16 moneys made from an appropriation in this division of this Act 17 shall not revert but shall remain available for expenditure for 18 the purposes designated until the close of the fiscal year that 19 ends three years after the end of the fiscal year for which the 20 appropriation was made. However, if the project or projects 21 for which such appropriation was made are completed in an 22 earlier fiscal year, unencumbered or unobligated moneys shall 23 revert at the close of that same fiscal year. 24 DIVISION II 25 TECHNOLOGY REINVESTMENT FUND 26 Sec. 4. There is appropriated from the technology 27 reinvestment fund created in section 8.57C to the following 28 departments and agencies for the fiscal year beginning July 29 1, 2010, and ending June 30, 2011, the following amounts, or 30 so much thereof as is necessary, to be used for the purposes 31 designated: 32 1. DEPARTMENT OF ADMINISTRATIVE SERVICES 33 For technology improvement projects: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,793,654 35 -7- LSB 6280YC (1) 83 rh/tm 7/ 77
H.F. _____ 2. DEPARTMENT OF CORRECTIONS 1 For costs associated with the Iowa corrections offender 2 network data system: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 4 3. DEPARTMENT OF EDUCATION 5 a. For maintenance and lease costs associated with 6 connections for Part III of the Iowa communications network: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,727,000 8 b. For the implementation of an educational data warehouse 9 that will be utilized by teachers, parents, school district 10 administrators, area education agency staff, department of 11 education staff, and policymakers: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 600,000 13 The department may use a portion of the moneys appropriated 14 in this lettered paragraph for an e-transcript data system 15 capable of tracking students throughout their education via 16 interconnectivity with multiple schools. 17 4. DEPARTMENT OF PUBLIC HEALTH 18 For deposit in the county mental health, mental retardation, 19 and developmental disabilities services fund created by section 20 331.424A in a county with a population over 350,000 for a 21 community mental health center created under chapter 230A which 22 serves only adults: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 24 5. IOWA TELECOMMUNICATIONS AND TECHNOLOGY COMMISSION 25 For replacement of equipment for the Iowa communications 26 network: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,244,956 28 The commission may continue to enter into contracts pursuant 29 to section 8D.13 for the replacement of equipment and for 30 operations and maintenance costs of the network. 31 In addition to moneys appropriated in this subsection, 32 the commission may use a financing agreement entered into by 33 the treasurer of state in accordance with section 12.28 for 34 the replacement of equipment for the network. For purposes 35 -8- LSB 6280YC (1) 83 rh/tm 8/ 77
H.F. _____ of this subsection, the treasurer of state is not subject to 1 the maximum principal limitation contained in section 12.28, 2 subsection 6. Repayment of any amounts financed shall be made 3 from receipts associated with fees charged for use of the 4 network. 5 Sec. 5. REVERSION. For purposes of section 8.33, unless 6 specifically provided otherwise, unencumbered or unobligated 7 moneys made from an appropriation in this division of this Act 8 shall not revert but shall remain available for expenditure for 9 the purposes designated until the close of the fiscal year that 10 ends three years after the end of the fiscal year for which the 11 appropriation was made. However, if the project or projects 12 for which such appropriation was made are completed in an 13 earlier fiscal year, unencumbered or unobligated moneys shall 14 revert at the close of that same fiscal year. 15 DIVISION III 16 REVENUE BONDS CAPITALS FUND —— APPROPRIATIONS 17 Sec. 6. There is appropriated from the revenue bonds 18 capitals fund created in section 12.88, to the following 19 departments and agencies for the fiscal year beginning July 20 1, 2010, and ending June 30, 2011, the following amounts, or 21 so much thereof as is necessary, to be used for the purposes 22 designated: 23 1. DEPARTMENT OF ADMINISTRATIVE SERVICES 24 For projects related to major repairs and major maintenance 25 for state buildings and facilities: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,000,000 27 Moneys appropriated in this subsection shall not be used 28 for purposes of the renovation of the Mercy capitol hospital 29 building. 30 2. DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP 31 a. To the soil conservation division of the department 32 established in section 161A.4 to provide financial assistance 33 for the establishment of permanent soil and water conservation 34 practices: 35 -9- LSB 6280YC (1) 83 rh/tm 9/ 77
H.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 1 b. Not more than 5 percent of the moneys appropriated 2 in paragraph “a” may be allocated for cost sharing to abate 3 complaints filed under section 161A.47. 4 c. Of the moneys appropriated in paragraph “a”, 5 percent 5 shall be allocated for financial incentives to establish 6 practices to protect watersheds above publicly owned lakes of 7 the state from soil erosion and sediment as provided in section 8 161A.73. 9 d. Not more than 30 percent of a soil and water conservation 10 district’s allocation of moneys as financial incentives may be 11 provided for the purpose of establishing management practices 12 to control soil erosion on land that is row cropped, including 13 but not limited to no-till planting, ridge-till planting, 14 contouring, and contour strip-cropping as provided in section 15 161A.73. 16 e. The state soil conservation committee created in section 17 161A.4 may allocate moneys appropriated in paragraph “a” 18 to conduct research and demonstration projects to promote 19 conservation tillage and nonpoint source pollution control 20 practices. 21 f. The allocation of moneys as financial incentives as 22 provided in section 161A.73 may be used in combination with 23 moneys allocated by the department of natural resources. 24 g. Moneys appropriated in this subsection shall not be used 25 for administrative or planning purposes. 26 3. DEPARTMENT OF CULTURAL AFFAIRS 27 For grants for Iowa great places program projects: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 29 4. DEPARTMENT OF CORRECTIONS 30 a. For one-time costs associated with the opening of 31 community-based corrections facilities including the purchase 32 of equipment: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,519,048 34 b. For use by a city with a population between 198,000 and 35 -10- LSB 6280YC (1) 83 rh/tm 10/ 77
H.F. _____ 199,000 for a safety barrier to be constructed in the natural 1 environment between the fifth judicial district facility and 2 the blank park zoo: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 4 c. For project management costs at Fort Madison and 5 Mitchellville prisons associated with construction projects at 6 the department: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,200,000 8 5. DEPARTMENT OF NATURAL RESOURCES 9 For implementation of lake projects that have established 10 watershed improvement initiatives and community support in 11 accordance with the department’s annual lake restoration plan 12 and report: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,000,000 14 Of the amount appropriated in this subsection, $250,000 15 shall be allocated for dredging, reconstruction, and related 16 improvements of twin ponds adjacent to a nature center in a 17 county with a population between 13,050, and 13,100. 18 Of the amount appropriated in this subsection, $2,000,000 19 shall be allocated for costs associated with dam construction; 20 shoreline protection; boat ramp, parking, and road 21 construction; and an in-lake fishing habitat development 22 project for a new state recreation area on a lake located in a 23 county with a population between 155,000 and 160,000. 24 6. STATE BOARD OF REGENTS 25 For phase II of the construction and renovation of the 26 veterinary medical facilities at Iowa state university of 27 science and technology, specifically the renovation and 28 modernization of the area formerly occupied by the large animal 29 area of the teaching hospital for expanded clinical services: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,000,000 31 7. IOWA STATE FAIR 32 For infrastructure improvements to the Iowa state 33 fairgrounds including but not limited to the construction of an 34 agricultural exhibition center on the Iowa state fairgrounds: 35 -11- LSB 6280YC (1) 83 rh/tm 11/ 77
H.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,500,000 1 8. IOWA FINANCE AUTHORITY 2 For grants for purposes of the housing trust fund created in 3 section 16.181: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 5 Sec. 7. TAX-EXEMPT STATUS —— USE OF APPROPRIATIONS. 6 1. Payment of moneys from the appropriations in this 7 division of this Act shall be made in a manner that does not 8 adversely affect the tax-exempt status of any outstanding bonds 9 issued by the treasurer of state. 10 2. Payment of moneys from the appropriations in this 11 division of this Act shall not be used for administrative or 12 planning purposes. 13 Sec. 8. REVERSION. For purposes of section 8.33, unless 14 specifically provided otherwise, unencumbered or unobligated 15 moneys made from an appropriation in this division of this Act 16 shall not revert but shall remain available for expenditure for 17 the purposes designated until the close of the fiscal year that 18 ends three years after the end of the fiscal year for which the 19 appropriation was made. However, if the project or projects 20 for which such appropriation was made are completed in an 21 earlier fiscal year, unencumbered or unobligated moneys shall 22 revert at the close of that same fiscal year. 23 DIVISION IV 24 REVENUE BONDS CAPITALS II FUND —— APPROPRIATIONS 25 Sec. 9. NEW SECTION . 12.88A Revenue bonds capitals II fund. 26 1. A revenue bonds capitals II fund is created and 27 established as a separate and distinct fund in the state 28 treasury. The treasurer of state shall act as custodian of the 29 fund and disburse moneys contained in the fund. 30 2. Revenue for the revenue bonds capitals II fund shall 31 include but is not limited to the following, which shall be 32 deposited with the treasurer of state or the treasurer of 33 state’s designee as provided by any bond or security documents 34 and credited to the fund: 35 -12- LSB 6280YC (1) 83 rh/tm 12/ 77
H.F. _____ a. The net proceeds of bonds issued after July 1, 2010, 1 pursuant to section 12.87 other than bonds issued for the 2 purpose of refunding such bonds, and investment earnings on the 3 net proceeds. 4 b. Interest attributable to investment of moneys in the fund 5 or an account of the fund. 6 c. Moneys in the form of a devise, gift, bequest, donation, 7 federal or other grant, reimbursement, repayment, judgment, 8 transfer, payment, or appropriation from any source intended to 9 be used for the purposes of the fund. 10 3. Moneys in the revenue bonds capitals II fund are not 11 subject to section 8.33. Notwithstanding section 12C.7, 12 subsection 2, interest or earnings on moneys in the fund shall 13 be credited to the fund. 14 4. Annually, on or before January 15 of each year, a state 15 agency that received an appropriation from the revenue bonds 16 capitals II fund shall report to the legislative services 17 agency and the department of management the status of all 18 projects completed or in progress. The report shall include 19 a description of the project, the work completed, the total 20 estimated cost of the project, a list of all revenue sources 21 being used to fund the project, the amount of funds expended, 22 the amount of funds obligated, and the date the project was 23 completed or an estimated completion date of the project, where 24 applicable. 25 Sec. 10. There is appropriated from the revenue bonds 26 capitals II fund created in section 12.88A to the following 27 departments and agencies for the fiscal year beginning July 28 1, 2010, and ending June 30, 2011, the following amounts, or 29 so much thereof as is necessary, to be used for the purposes 30 designated: 31 1. DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP 32 a. To the soil conservation division of the department 33 established in section 161A.4 to provide financial assistance 34 for the establishment of permanent soil and water conservation 35 -13- LSB 6280YC (1) 83 rh/tm 13/ 77
H.F. _____ practices: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,950,000 2 (1) Not more than 5 percent of the moneys appropriated in 3 this paragraph “a” may be allocated for cost sharing to abate 4 complaints filed under section 161A.47. 5 (2) Of the moneys appropriated in this paragraph “a”, 6 5 percent shall be allocated for financial incentives to 7 establish practices to protect watersheds above publicly owned 8 lakes of the state from soil erosion and sediment as provided 9 in section 161A.73. 10 (3) Not more than 30 percent of a soil and water 11 conservation district’s allocation of moneys as financial 12 incentives may be provided for the purpose of establishing 13 management practices to control soil erosion on land that is 14 row cropped, including but not limited to no-till planting, 15 ridge-till planting, contouring, and contour strip-cropping as 16 provided in section 161A.73. 17 (4) The state soil conservation committee created in 18 section 161A.4 may allocate moneys appropriated in paragraph 19 “a” to conduct research and demonstration projects to promote 20 conservation tillage and nonpoint source pollution control 21 practices. 22 (5) The allocation of moneys as financial incentives as 23 provided in section 161A.73 may be used in combination with 24 moneys allocated by the department of natural resources. 25 (6) Moneys appropriated in this paragraph “a” shall not be 26 used for administrative or planning purposes. 27 b. For grants under the conservation reserve enhancement 28 program to improve water quality and intercept nitrates: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,500,000 30 2. DEPARTMENT OF ECONOMIC DEVELOPMENT 31 a. For deposit into the community attraction and tourism 32 fund created in section 15F.204: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,000,000 34 b. For deposit into the river enhancement community 35 -14- LSB 6280YC (1) 83 rh/tm 14/ 77
H.F. _____ attraction and tourism fund created in section 15F.205: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,000,000 2 Moneys appropriated for grants awarded in paragraphs “a” and 3 “b” shall be used to assist communities in the development and 4 creation of multiple purpose attractions or community service 5 facilities for public use. 6 c. For accelerated career education program capital 7 projects at community colleges that are authorized under 8 chapter 260G and that meet the definition of vertical 9 infrastructure in section 8.57, subsection 6, paragraph “c”: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,500,000 11 d. For the main street Iowa program to be used as grants 12 for projects that have previously applied for funding 13 consideration, or have received partial funding for facade 14 master plans to rehabilitate storefronts in main street Iowa 15 districts, to complete streetscape projects where planning 16 and the majority of funding is already secured, for unfunded 17 main street challenge grant projects, and for other building 18 rehabilitation projects that are currently on the department’s 19 highest priority list: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,450,000 21 Moneys appropriated in this lettered paragraph shall not be 22 used for administration or planning purposes. 23 Of the amount appropriated in this lettered paragraph, 24 $300,000 shall be allocated to a city with a population between 25 25,100 and 25,200 in the last preceding certified federal 26 census for a redevelopment project that includes improvements 27 and modifications to streets and storm sewers in both the 28 downtown and mall areas of the city. 29 3. DEPARTMENT OF EDUCATION 30 For major renovation and major repair needs, including 31 health, life, and fire safety needs and for compliance with the 32 federal Americans with Disabilities Act, for state buildings 33 and facilities under the purview of the community colleges: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 35 -15- LSB 6280YC (1) 83 rh/tm 15/ 77
H.F. _____ 4. IOWA FINANCE AUTHORITY 1 a. For disaster relief and mitigation renovation and 2 construction projects: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,600,000 4 The moneys appropriated in this paragraph “a” shall be 5 allocated as follows: 6 (1) To a county with a population between 189,000 and 7 196,000 in the last preceding certified federal census, for all 8 of the following projects: 9 (a) For the renovation and expansion of an administrative 10 office building: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,400,000 12 (b) For the construction of an economic commerce building: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,200,000 14 (2) To a city with a population between 120,500 and 120,800 15 in the last preceding certified federal census, for the 16 following projects: 17 (a) For renovation of an existing public building to make 18 the building useful for city department offices: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,400,000 20 (b) For construction of a flood wall around an existing 21 courthouse: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 23 (3) To a city with a population between 29,100 and 29,200 24 in the last preceding certified federal census, for the 25 construction of a small business center: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,500,000 27 (4) To a city with a population between 198,000 and 199,000 28 in the last preceding certified federal census to be allocated 29 as follows: 30 (a) For site acquisition, design, engineering, and 31 construction of a fire training and logistics center: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,000,000 33 (b) For land acquisition, design, and construction of 34 sewers, structures, and pumping facilities necessary to 35 -16- LSB 6280YC (1) 83 rh/tm 16/ 77
H.F. _____ separate and convey sewer flow within the riverpoint service 1 area: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,250,000 3 (c) For land acquisition, design, and construction of 4 sewers, structures, and pumping facilities necessary to 5 separate or convey sewer flow within the Court avenue service 6 area: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,050,000 8 (d) For bank stabilization, stream bed stabilization, and 9 erosion control on highly erodible ground that is impacting 10 utilities, road infrastructure, and water quality: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 700,000 12 (e) To improve utilization of two of the wastewater 13 reclamation authority’s existing equalization basins for 14 the control of peak flows during wet weather events in the 15 authority’s sewer system: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 17 (5) For a publicly owned acute care teaching hospital 18 located in a county with a population of over 350,000, for 19 the construction and renovation of patient access and care 20 facilities, equipment replacement and upgrades, and other 21 infrastructure improvements: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 23 (6) For a city with a population between 98,300 and 98,400 24 in the last preceding certified federal census, for flood 25 protection, replacement, and construction improvements to a 26 recreational sports facility: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,050,000 28 (7) For a city with a population between 68,700 and 29 68,800 in the last preceding certified federal census, for a 30 public works building that will allow the city to provide for 31 disaster-related services: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 33 (8) For a city with a population between 62,100 and 34 62,250 in the last preceding certified federal census, for 35 -17- LSB 6280YC (1) 83 rh/tm 17/ 77
H.F. _____ the demolition, relocation, and reconstruction of a public 1 wastewater treatment plant and the development of a public 2 green space: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 4 (9) For a city with a population between 2,545 and 2,555 in 5 the last preceding certified federal census, for a streetscape 6 project that reconstructs existing horizontal infrastructure 7 and lighting systems utilizing sustainable development 8 practices: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,175,000 10 (10) For a city with a population between 2,200 and 2,220 in 11 the last preceding certified federal census, for construction 12 of a public city building: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 475,000 14 (11) For a city with a population between 2,558 and 2,565 15 in the last preceding certified federal census, for the 16 installation of backflow prevention devices for the city’s 17 storm sewer system: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 600,000 19 (12) For a city with a population between 6,875 and 6,890 20 in the last preceding certified federal census, for the 21 construction of grade control structures and associated grading 22 to mitigate future water damage to residential structures: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 300,000 24 b. To the Iowa jobs board for a disaster prevention program 25 created in section 16.194A for grants for cities and counties 26 that apply smart planning principles and guidelines pursuant to 27 sections 18B.1 and 18B.2, if enacted by 2010 Iowa Acts, Senate 28 File 2265, sections 1 and 2: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 30,000,000 30 5. DEPARTMENT OF NATURAL RESOURCES 31 a. For state park infrastructure improvements: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 33 b. For implementation of lake projects that have 34 established watershed improvement initiatives and community 35 -18- LSB 6280YC (1) 83 rh/tm 18/ 77
H.F. _____ support in accordance with the department’s annual lake 1 restoration plan and report: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,000,000 3 6. STATE BOARD OF REGENTS 4 a. For costs associated with the construction and 5 establishment of the Iowa institute for biomedical discovery at 6 the state university of Iowa: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,000,000 8 b. For deposit into the alternate energy revolving loan 9 fund created in section 476.46 to encourage the development 10 of alternate energy production facilities and small hydro 11 facilities, as defined in section 476.42, within the state: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 13 Any award of loans to private individuals or organizations 14 must be for the public purpose of encouraging the development 15 of alternate energy production facilities and small hydro 16 facilities within the state in order to conserve finite and 17 expensive energy resources and to provide for their most 18 efficient use. Funds from bond proceeds shall not be used for 19 administration or planning purposes. These moneys, and any 20 loan repayments, shall be maintained in separate accounts and 21 shall only be used for these public purposes. 22 7 DEPARTMENT OF TRANSPORTATION 23 a. For grants for rail projects including wind energy rail 24 port projects that provide assistance consistent with the 25 purposes of section 327H.20A: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,500,000 27 Grants awarded pursuant to this lettered paragraph shall 28 meet all of the following selection criteria: 29 (1) Be located in or adjacent to a rail industrial park. 30 (2) Be a facility that serves multiple industrial clients 31 with one rail infrastructure investment. 32 (3) Accommodate building and loading complete unit train in 33 the rail port. 34 (4) Have connection tracks with adequate clearances to 35 -19- LSB 6280YC (1) 83 rh/tm 19/ 77
H.F. _____ transport large components. 1 (5) Be located in an area with short unimpeded access for 2 oversized wind components to a divided four-lane highway. 3 Priority in the awarding of grants shall be given to 4 communities that have experienced exceptional economic 5 setbacks. 6 b. For the public transit infrastructure grant program in 7 section 324A.6A: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 9 c. For infrastructure improvements at the commercial air 10 service airports within the state: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,500,000 12 Fifty percent of the funds appropriated in this lettered 13 paragraph shall be allocated equally between each commercial 14 air service airport, forty percent of the funds shall be 15 allocated based on the percentage that the number of enplaned 16 passengers at each commercial air service airport bears to the 17 total number of enplaned passengers in the state during the 18 previous fiscal year, and ten percent of the funds shall be 19 allocated based on the percentage that the air cargo tonnage 20 at each commercial air service airport bears to the total air 21 cargo tonnage in the state during the previous fiscal year. In 22 order for a commercial air service airport to receive funding 23 under this lettered paragraph, the airport shall be required 24 to submit applications for funding of specific projects to the 25 department for approval by the state transportation commission. 26 d. For infrastructure projects relating to functionally 27 obsolete and structurally deficient bridges: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,000,000 29 8. TREASURER OF STATE 30 For transfer to the watershed improvement review board 31 created in section 466A.3 for grants associated with the 32 construction and restoration of wetland easements and flood 33 prevention projects: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 35 -20- LSB 6280YC (1) 83 rh/tm 20/ 77
H.F. _____ Notwithstanding section 466A.5, moneys from the 1 appropriation in this subsection shall not be used for 2 administrative purposes. 3 Sec. 11. TAX-EXEMPT STATUS —— USE OF APPROPRIATIONS. 4 1. Payment of moneys from the appropriations in this 5 division of this Act shall be made in a manner that does not 6 adversely affect the tax-exempt status of any outstanding bonds 7 issued by the treasurer of state. 8 2. Payment of moneys from the appropriations in this 9 division of this Act shall not be used for administrative or 10 planning purposes. 11 Sec. 12. REVERSION. For purposes of section 8.33, unless 12 specifically provided otherwise, unencumbered or unobligated 13 moneys made from an appropriation in this division of this Act 14 shall not revert but shall remain available for expenditure for 15 the purposes designated until the close of the fiscal year that 16 ends three years after the end of the fiscal year for which the 17 appropriation was made. However, if the project or projects 18 for which such appropriation was made are completed in an 19 earlier fiscal year, unencumbered or unobligated moneys shall 20 revert at the close of that same fiscal year. 21 DIVISION V 22 PRISON BONDING 23 Sec. 13. There is appropriated from the FY 2009 prison 24 bonding fund created pursuant to section 12.79 to the 25 department of corrections for the fiscal year beginning July 26 1, 2010, and ending June 30, 2011, the following amount, or 27 so much thereof as is necessary, to be used for the purpose 28 designated: 29 For costs associated with the building of a new Iowa State 30 penitentiary at Fort Madison: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 322,500 32 The appropriation made in this section constitutes approval 33 by the general assembly for the issuance of bonds by the 34 treasurer of state pursuant to section 12.80. 35 -21- LSB 6280YC (1) 83 rh/tm 21/ 77
H.F. _____ Sec. 14. REVERSION. For purposes of section 8.33, unless 1 specifically provided otherwise, unencumbered or unobligated 2 moneys made from an appropriation in this division of this Act 3 shall not revert but shall remain available for expenditure for 4 the purposes designated until the close of the fiscal year that 5 ends three years after the end of the fiscal year for which the 6 appropriation was made. However, if the project or projects 7 for which such appropriation was made are completed in an 8 earlier fiscal year, unencumbered or unobligated moneys shall 9 revert at the close of that same fiscal year. 10 DIVISION VI 11 GROW IOWA VALUES FUND 12 Sec. 15. There is appropriated from the rebuild Iowa 13 infrastructure fund to the department of economic development 14 for deposit in the grow Iowa values fund, for the fiscal year 15 beginning July 1, 2010, and ending June 30, 2011, the following 16 amount, notwithstanding section 8.57, subsection 6, paragraph 17 “c”: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 38,000,000 19 Sec. 16. GROW IOWA VALUES FUND APPROPRIATION REDUCTION. In 20 lieu of the $50,000,000 appropriated for the fiscal year 21 beginning July 1, 2010, and ending June 30, 2011, from 22 the grow Iowa values fund to the department of economic 23 development pursuant to section 15G.111, subsection 3, there is 24 appropriated from the grow Iowa values fund to the department 25 of economic development for the fiscal year beginning July 1, 26 2010, and ending June 30, 2011, $38,000,000 for the purposes of 27 making expenditures pursuant to chapter 15G. 28 Sec. 17. GROW IOWA VALUES FUND ALLOCATIONS. In lieu of the 29 amounts allocated pursuant to section 15G.111, subsections 4 30 through 10, for the fiscal year beginning July 1, 2010, and 31 ending June 30, 2011, of the $38,000,000 appropriated to the 32 department of economic development pursuant to this division of 33 this Act, the department shall allocate the following amounts 34 for the following purposes as described in section 15G.111, 35 -22- LSB 6280YC (1) 83 rh/tm 22/ 77
H.F. _____ subsections 4 through 10: 1 1. For departmental purposes, $21,363,600. 2 2. For the state board of regents institutions, $3,800,000. 3 3. For state parks, $760,000. 4 4. For deposit in the Iowa cultural trust fund, $760,000. 5 5. For community colleges, $5,320,000. 6 6. For regional financial assistance, $760,000. 7 Of the moneys allocated pursuant to this subsection and in 8 lieu of the three hundred fifty thousand dollars transferred 9 under section 15G.111, subsection 9, paragraph “a”, the 10 department shall transfer two hundred sixty-six thousand 11 dollars to Iowa state university of science and technology, for 12 purposes of providing financial assistance to establish small 13 business development centers. 14 7. For commercialization services, $4,389,000. 15 8. For targeted small business, $847,400. 16 Sec. 18. Section 15.247, subsection 3, Code Supplement 17 2009, is amended to read as follows: 18 3. a. All moneys designated for the targeted small business 19 financial assistance program shall be credited to the program 20 account. The department shall determine the actuarially 21 sound reserve requirement for the amount of guaranteed loans 22 outstanding. 23 b. Of the moneys credited to the program account, the 24 department may allocate an amount necessary for marketing and 25 compliance and an amount for the provision of the mentoring 26 services required under subsection 7. 27 Sec. 19. Section 15G.110, Code Supplement 2009, is amended 28 to read as follows: 29 15G.110 Appropriation. 30 1. For the fiscal period beginning July 1, 2005, and ending 31 June 30, 2008, and for the fiscal period beginning July 1, 32 2010 2011 , and ending June 30, 2015, there is appropriated to 33 the department of economic development each fiscal year fifty 34 million dollars from the general fund of the state for deposit 35 -23- LSB 6280YC (1) 83 rh/tm 23/ 77
H.F. _____ in the grow Iowa values fund. 1 2. For the fiscal period beginning July 1, 2008, and ending 2 June 30, 2010 2011 , there is appropriated to the department of 3 economic development each fiscal year fifty million dollars 4 from the rebuild Iowa infrastructure fund for deposit in the 5 grow Iowa values fund, notwithstanding section 8.57, subsection 6 6, paragraph “c” . 7 Sec. 20. Section 15G.111, subsection 2, paragraph b, Code 8 Supplement 2009, is amended to read as follows: 9 b. Moneys credited to the fund are not subject to section 10 8.33. Notwithstanding section 12C.7, interest or earnings on 11 moneys in the fund shall be credited to the fund. Interest 12 or earnings on moneys in the fund are appropriated to the 13 department. Of the moneys appropriated to the department 14 pursuant to this paragraph, the department shall make the 15 following allocations: 16 (1) For each fiscal year of the fiscal period beginning 17 July 1, 2010, and ending June 30, 2013, the department shall 18 allocate not more than one hundred seventy-five thousand 19 dollars for purposes of providing financial assistance to 20 Iowa’s councils of governments. 21 (2) For each fiscal year of the fiscal period beginning 22 July 1, 2010, and ending June 30, 2013, the department shall 23 allocate not more than two hundred thousand dollars for 24 purposes of providing support and administrative assistance to 25 the vision Iowa board, the community attraction and tourism 26 program, and river enhancement community attraction and tourism 27 projects. 28 (3) For each fiscal year of the fiscal period beginning 29 July 1, 2010, and ending June 30, 2013, the department shall 30 allocate the remaining amount of interest or earnings on moneys 31 in the fund for purposes of providing financial assistance 32 under the disaster recovery component of the grow Iowa values 33 financial assistance program. All moneys allocated pursuant to 34 this subparagraph that remain unexpended or unobligated at the 35 -24- LSB 6280YC (1) 83 rh/tm 24/ 77
H.F. _____ end of the fiscal year beginning July 1, 2012, shall revert and 1 be credited to the fund. 2 Sec. 21. Section 15G.111, subsection 4, unnumbered 3 paragraph 1, Code Supplement 2009, is amended to read as 4 follows: 5 Of the moneys appropriated to the department pursuant 6 to subsection 3, the department shall allocate 7 thirty-two twenty-eight million five hundred thousand dollars 8 each fiscal year as follows: 9 Sec. 22. Section 15G.111, subsection 10, Code Supplement 10 2009, is amended to read as follows: 11 10. Commercialization Innovation and commercialization 12 services. Of the moneys appropriated to the department 13 pursuant to subsection 3, the department shall allocate 14 three five million five hundred thousand dollars for deposit in 15 the innovation and commercialization development fund created 16 in section 15.412. 17 Sec. 23. Section 15G.111, Code Supplement 2009, is amended 18 by adding the following new subsection: 19 NEW SUBSECTION . 11. Targeted small businesses. Of the 20 moneys appropriated to the department pursuant to subsection 3, 21 the department shall allocate one million dollars for deposit 22 in the targeted small business financial assistance program 23 account established pursuant to section 15.247 within the 24 strategic investment fund created in section 15.313. 25 DIVISION VII 26 ALTERNATIVE PUBLIC PROJECT DELIVERY PROGRAM 27 PART 1 28 Sec. 24. NEW SECTION . 262.34C Definitions. 29 As used in this division, unless the context clearly 30 indicates otherwise: 31 1. “Alternative project delivery” means procuring and 32 delivering design and construction services for a public 33 project according to one of the selection procedures outlined 34 in parts 2 and 3. 35 -25- LSB 6280YC (1) 83 rh/tm 25/ 77
H.F. _____ 2. “Construction documents” means the drawings, 1 specifications, technical submissions, and other documents upon 2 which a construction project is based. 3 3. “Construction management services” means an alternative 4 project delivery method whereby services are provided by 5 a construction manager in a manner similar to a general 6 contractor, and which requires the construction manager to 7 solicit bids for the trade packages or subcontracts developed 8 for the public project and to enter into the trade contracts or 9 subcontracts for the public project. Construction management 10 services may include but are not limited to scheduling, 11 value analysis, system analysis, constructability reviews, 12 progress document reviews, subcontractor involvement, 13 subcontractor bonding policy, budgeting and price guarantees, 14 and construction coordination. 15 4. “Construction manager” means an individual, partnership, 16 joint venture, corporation, or other legal entity that 17 utilizes skill and knowledge of general contracting to 18 perform construction management services and preconstruction 19 services, procures and contracts with specialty contractors or 20 subcontractors, and assumes the responsibility and the risk for 21 construction delivery within a specified cost and schedule. 22 5. “Construction services” means the process of planning, 23 building, equipping, altering, repairing, improving, or 24 demolishing any structure or appurtenance thereto, including 25 facilities, utilities, or other improvements to real property, 26 but excluding highways, roads, bridges, dams, or stand-alone 27 parking lots. 28 6. “Criteria consultant” means an individual employed 29 or retained by the governmental entity to assist in the 30 preparation of a request for qualifications and a request for 31 proposals. If preparation of the design criteria package 32 includes the practice of architecture as defined in section 33 544A.16, professional architectural services as defined in 34 section 544A.16, the practice of engineering as defined in 35 -26- LSB 6280YC (1) 83 rh/tm 26/ 77
H.F. _____ section 542B.2, or the practice of landscape architecture as 1 defined in section 544B.1, “criteria consultant” means a design 2 professional. 3 7. “Design criteria package” means performance-oriented 4 specifications for the public project sufficient to permit a 5 design-builder to prepare a response to a request for proposals 6 for a design-build public project. 7 8. “Design professional” means an individual who is 8 licensed to practice architecture, engineering, or landscape 9 architecture in this state. 10 9. “Design-build services” means a method of alternative 11 project delivery for which both design and construction 12 services are provided under one contract. “Design-build 13 services” may include architecture, engineering, and related 14 design services required for a given project and the labor, 15 materials, and other construction services for the project. 16 10. “Design-builder” means an individual, partnership, 17 joint venture, corporation, or other legal entity that 18 furnishes design-build services, whether by itself or through 19 subcontracts. 20 11. “Estimated total cost” means the estimated total cost to 21 a governmental entity to construct a public project, including 22 the cost of labor, materials, equipment, supplies, and fees. 23 12. “Faculty research project” means a construction or 24 reconstruction project under the control of a governmental 25 entity that is linked solely to a specific researcher or group 26 of researchers and undertaken for the purpose of conducting 27 research. 28 13. “Governmental entity” means the state board of regents 29 or an institution under the control of the state board of 30 regents. 31 14. “Guaranteed maximum cost” means the total cost of the 32 project as defined in the public project contract between the 33 governmental entity and the construction manager or between the 34 governmental entity and the design-builder. 35 -27- LSB 6280YC (1) 83 rh/tm 27/ 77
H.F. _____ 15. “Job order contract” means a contract for construction 1 services delivered on an on-call basis through fixed-price 2 orders based on preestablished unit prices. 3 16. “Preconstruction services” means a series of services 4 including but not limited to review of design, scheduling, 5 estimating, cost control, value engineering, constructability 6 evaluation, and preparation and coordination of bid packages. 7 17. “Public project” means a project under the control of 8 a governmental entity that is paid for in whole or in part 9 with funds of the governmental entity, including a building 10 or improvement constructed or operated jointly with any other 11 public or private agency that has an estimated total cost of 12 more than one hundred thousand dollars. “Public project” may 13 include planning, acquiring, designing, building, equipping, 14 altering, repairing, improving, or demolishing any structure 15 or appurtenance thereto, including facilities or other 16 improvements to any real property owned by the governmental 17 entity, but excluding highways, roads, bridges, dams, 18 utilities, or stand-alone parking lots. However, a parking lot 19 included as part of the site work of a public project may be 20 included as part of a construction management services contract 21 or a design-build services contract. Parking ramps and parking 22 garages are not considered to be parking lots and may be a 23 “public project” constructed utilizing alternative project 24 delivery methods. 25 18. “Selection plan” means a governmental entity’s written 26 procedure that establishes the alternative project delivery 27 method for a public project and establishes the criteria for 28 evaluating qualifications and proposals, including the scoring 29 methodology relating to the selection of a construction manager 30 or a design-builder for a public project. 31 Sec. 25. NEW SECTION . 262.34D Alternative project delivery 32 commission. 33 1. An alternative project delivery commission is 34 established consisting of seven members. 35 -28- LSB 6280YC (1) 83 rh/tm 28/ 77
H.F. _____ 2. Members of the commission shall consist of all of the 1 following: 2 a. One member appointed by the state board of regents. 3 b. One member appointed by the Iowa chapter of the American 4 institute of architects. 5 c. One member appointed by the American council of 6 engineering companies of Iowa. 7 d. One member appointed by the Iowa chapter of the 8 design-build institute of America. 9 e. One member appointed by the master builders of Iowa. 10 f. One member appointed by the mechanical contractors 11 association of Iowa. 12 g. One member appointed by the Iowa chapter of the national 13 electrical contractors association. 14 3. Members of the commission shall serve three-year 15 staggered terms. The initial members appointed under 16 subsection 2, paragraphs “a” and “e” shall serve a term of 17 three years. The initial members appointed under subsection 2, 18 paragraphs “b” , “f” , and “g” shall serve a term of two years. 19 The initial members appointed under subsection 2, paragraphs 20 “c” and “d” shall serve a term of one year. A vacancy on the 21 commission shall be filled in the same manner as the original 22 appointment. 23 4. The member appointed by the state board of regents shall 24 serve as the chairperson of the commission. 25 5. Meetings of the commission may be called by the 26 chairperson or by a majority of the members. 27 6. A majority of the members of the commission constitutes a 28 quorum. Any action taken by the commission must be adopted by 29 the affirmative vote of a majority of its membership. 30 7. A member shall not vote on a matter before the commission 31 if the individual has a pecuniary or an equitable interest in 32 the matter or conditions exist that would interfere with the 33 member’s ability to properly discharge the member’s duties. 34 8. The duties of the commission shall include all of the 35 -29- LSB 6280YC (1) 83 rh/tm 29/ 77
H.F. _____ following: 1 a. Administer the alternative project delivery program 2 created under section 262.34E. 3 b. Prepare and file with the governor and the general 4 assembly on or before January 15, 2014, a report detailing 5 the activities of the commission and summarizing each public 6 project approved to utilize alternative project delivery. 7 The report shall include information relating to the cost to 8 the governmental entity, the duration of the public project, 9 whether the goals of the public project were met, the quality 10 of the work and services performed in completing the public 11 project, the transparency of the alternative project delivery 12 process, the impact of the alternative project delivery process 13 on the persons contracted with to perform the work and services 14 for the public project, whether the alternative project 15 delivery process benefits the public interest, and any other 16 information the commission deems relevant. 17 c. Adopt policies and procedures to carry out any duty 18 specified in this division. 19 Sec. 26. NEW SECTION . 262.34E Alternative project delivery 20 program. 21 1. The alternative project delivery commission shall 22 administer an alternative project delivery program consistent 23 with the requirements of this division. 24 2. The program shall consist of projects approved by the 25 commission and undertaken by governmental entities using an 26 alternative project delivery method authorized under parts 2 27 and 3. 28 3. A governmental entity that is interested in undertaking a 29 public project using alternative project delivery methods shall 30 submit an application to the commission detailing the nature 31 of the project and specifying an alternative project delivery 32 method. Each application shall be on a form prescribed by the 33 commission and may include additional materials requested by 34 the commission. 35 -30- LSB 6280YC (1) 83 rh/tm 30/ 77
H.F. _____ 4. The commission shall review each application and shall 1 select those public projects for inclusion in the program which 2 are best suited to accomplish the purposes of the program. 3 5. The commission shall monitor the selection process for 4 each public project selected for inclusion in the program and 5 may require the governmental entity to provide periodic updates 6 on the public project following selection of a construction 7 manager or design-builder for the public project. 8 Sec. 27. NEW SECTION . 262.34F Alternative project delivery 9 program selection factors. 10 The alternative project delivery commission may recommend 11 to the governmental entity the use of an alternative project 12 delivery method for projects where the commission has 13 determined such a method to be appropriate. In making such 14 a determination, the committee shall consider the following 15 factors: 16 1. Whether the estimated total cost of the public project 17 exceeds five million dollars. 18 2. The likelihood that the alternative project delivery 19 method selected will serve the public interest by providing a 20 substantial savings of time or money as compared to the process 21 under section 262.34. 22 3. Whether the overlap of design and construction aspects 23 of the public project is required to meet the needs of the 24 governmental entity or the needs of the users of the public 25 project. 26 4. Whether the public project requires the use of an 27 accelerated design and construction schedule as the result of 28 an emergency situation. 29 5. Whether the public project presents significant planning 30 or technical complexities, or both, requiring the use of an 31 integrated team of designers and constructors. 32 6. Whether the use of an alternative project delivery method 33 will substantially diminish competition for the public project. 34 7. Whether the public project is a faculty research project. 35 -31- LSB 6280YC (1) 83 rh/tm 31/ 77
H.F. _____ Sec. 28. NEW SECTION . 262.34G Public notice. 1 For each alternative project delivery method under this 2 division, a governmental entity shall publish public notices 3 as follows: 4 1. The notice shall be published at least once, not less 5 than fifteen and not more than forty-five days before the date 6 for filing submissions, if applicable, in a newspaper published 7 at least once weekly and having general circulation in the 8 geographic area served by the governmental entity and in a 9 relevant trade publication. 10 2. The notice may also be published in a relevant contractor 11 organization publication and a relevant contractor plan room 12 service with statewide circulation, provided that a notice 13 is posted on an internet site sponsored by the governmental 14 entity. 15 3. In addition to relevant information regarding the public 16 project, the notice shall specify the alternative project 17 delivery method to be used for the public project. 18 Sec. 29. NEW SECTION . 262.34H Public records. 19 Each proposal received by a governmental entity under 20 this division, together with the name of the proposer, after 21 awarding or letting of the contract, is subject to public 22 inspection upon request. The governmental entity shall, within 23 five days after awarding or letting of the contract, publish 24 notice of the name of the successful proposer including the 25 proposer’s scores received pursuant to the selection process 26 under parts 2 or 3. In addition, such notice shall include 27 the names of all proposers whose proposals were not selected, 28 together with each proposer’s scores. 29 Sec. 30. NEW SECTION . 262.34I Prohibitions. 30 1. The construction manager or design-builder executing 31 the construction or design of a public project utilizing an 32 alternative project delivery method under this division shall 33 not provide any financing, funding, or facility operations 34 after completion of the public project. 35 -32- LSB 6280YC (1) 83 rh/tm 32/ 77
H.F. _____ 2. A governmental entity shall not undertake all or a 1 portion of a public project using services or labor provided 2 under a job order contract. 3 PART 2 4 CONSTRUCTION MANAGEMENT PROJECT DELIVERY 5 Sec. 31. NEW SECTION . 262.34J Application to the 6 commission. 7 1. If in the judgment of the board of regents it is 8 desirable to use construction management services for the 9 completion of a public project, the governmental entity shall 10 prepare a selection plan and submit an application to the 11 alternative project delivery commission pursuant to section 12 262.34E, subsection 3. If the public project is selected by 13 the alternative project delivery commission for inclusion 14 in the program, the governmental entity shall select a 15 construction manager in accordance with the procedures of this 16 part. 17 2. A criteria consultant shall be employed or retained 18 to assist the governmental entity in preparing a request for 19 qualifications and a request for proposals. The criteria 20 consultant may be an employee of the governmental entity, the 21 design professional employed or retained under subsection 22 3, or an individual retained specifically to assist the 23 governmental entity with the public project. The request for 24 qualifications and the request for proposals shall specify the 25 selection criteria and scoring methodology included in the 26 selection plan. The criteria consultant shall also assist the 27 governmental entity in selecting a construction manager. A 28 criteria consultant employed or retained by the governmental 29 entity shall not submit a statement of qualifications or a 30 proposal for the public project. 31 3. The governmental entity shall employ a design 32 professional to design the public project, prepare the 33 construction documents for the public project, and provide 34 administrative services in connection with the design of the 35 -33- LSB 6280YC (1) 83 rh/tm 33/ 77
H.F. _____ public project. 1 Sec. 32. NEW SECTION . 262.34K Selection process —— general 2 procedure. 3 The governmental entity shall select a construction manager 4 for a public project pursuant to a two-phase selection process. 5 1. Phase I of the selection process includes publication of 6 a request for qualifications by the governmental entity, review 7 of the statements of qualifications, and the selection of a 8 minimum of two but not more than five construction managers to 9 advance to phase II. 10 2. Phase II includes a request for proposals, the receipt 11 of proposals from those construction managers selected during 12 phase I, an interview with each construction manager that 13 submits a proposal, evaluation of each proposal, and selection 14 of a construction manager for the public project. 15 Sec. 33. NEW SECTION . 262.34L Phase I —— request for 16 qualifications, statement, evaluation, and selection. 17 1. During phase I, the governmental entity shall 18 publish notice of a request for qualifications pursuant 19 to the requirements of section 262.34G. The request for 20 qualifications shall specify a time, place, terms of contract, 21 and other specific instructions for the submission of the 22 statements of qualifications. The request for qualifications 23 shall also include a general description of the public 24 project, an estimated total cost of the public project and 25 the anticipated public project schedule. A statement of 26 qualifications not submitted according to the instructions 27 shall be rejected and returned to the construction manager. 28 2. Each construction manager shall submit a statement 29 of qualifications that includes but is not limited to the 30 following information: 31 a. Similar project experience, including experience in the 32 construction management method of alternative project delivery. 33 b. Qualifications of proposed project personnel. 34 c. References from similar projects. 35 -34- LSB 6280YC (1) 83 rh/tm 34/ 77
H.F. _____ d. The construction manager’s experience modification rating 1 and a description of the construction manager’s safety plan. 2 e. Bonding capacity and insurance. Construction managers 3 submitting a statement of qualifications shall be capable of 4 providing a bond according to the requirements of chapter 573 5 and shall include evidence of such bonding capacity with their 6 statement of qualifications. A statement of qualifications 7 shall also include evidence of all required insurance. If 8 a construction manager fails to include evidence of bonding 9 capacity and required insurance, the construction manager shall 10 be deemed unqualified for selection under phase I. 11 f. Other information requested by the governmental entity in 12 accordance with the selection plan. 13 3. The governmental entity shall evaluate and score 14 each statement of qualifications received according to the 15 predetermined selection criteria and scoring methodology as 16 outlined in the selection plan and specified in the request 17 for qualifications. The cost or fees associated with a public 18 project shall not be considered by the governmental entity when 19 evaluating a statement of qualifications. 20 4. The governmental entity shall select a minimum of two and 21 a maximum of five construction managers, who have the highest 22 scores to proceed to phase II of the selection process. Scores 23 assigned in the phase I evaluation process shall not carry 24 forward to phase II. If two qualified construction managers 25 cannot be identified, the selection process shall cease. The 26 governmental entity shall have discretion to disqualify any 27 construction manager that lacks the minimum qualifications 28 required to perform the construction management services for 29 the public project. 30 Sec. 34. NEW SECTION . 262.34M Phase II —— request for 31 proposals, proposal review, selection, and negotiation. 32 1. During phase II, each construction manager selected 33 during phase I shall be given a request for proposals. The 34 request for proposals shall include but is not limited to the 35 -35- LSB 6280YC (1) 83 rh/tm 35/ 77
H.F. _____ following information: 1 a. The procedures to be followed in submitting proposals and 2 information relating to construction manager interviews under 3 subsection 2. 4 b. The selection criteria and scoring methodology for the 5 proposals. 6 c. Information related to the requirements, budget, 7 and schedule for the public project, including information 8 on available design requirements and specifications for 9 preconstruction services, and construction services. 10 d. The proposed terms and conditions for the public project 11 contract. 12 e. Other information requested by the governmental entity in 13 accordance with the selection plan. 14 2. After the deadline for submission of proposals 15 has passed, the governmental entity shall interview 16 each construction manager that has submitted a proposal 17 individually, allowing each construction manager to present the 18 construction manager’s proposed team members, qualifications, 19 and proposal, and to answer questions from the governmental 20 entity. 21 3. The governmental entity shall score and rank each 22 construction manager’s proposal based on the selection criteria 23 and scoring methodology specified in the request for proposals. 24 The governmental entity shall proceed to negotiate with and 25 attempt to enter into a preconstruction contract with the 26 construction manager receiving the highest score to serve 27 as the construction manager for the public project. If the 28 governmental entity is unable to negotiate a satisfactory 29 contract with the construction manager with the highest score, 30 negotiations with that construction manager shall be terminated 31 and the governmental entity shall undertake negotiations with 32 the construction manager receiving the second highest score. 33 If negotiations cannot be successfully completed with the 34 construction manager receiving the second highest score, the 35 -36- LSB 6280YC (1) 83 rh/tm 36/ 77
H.F. _____ contract for the public project shall not be awarded under the 1 request for proposals. 2 4. If the governmental entity determines that it is not in 3 its best interest to proceed with the public project pursuant 4 to the proposals offered, the governmental entity shall reject 5 all proposals. If all proposals are rejected, the governmental 6 entity may solicit new statements of qualifications and 7 proposals using different design or budget criteria. 8 Sec. 35. NEW SECTION . 262.34N Contract —— performance of 9 certain services. 10 1. The contract to perform construction management services 11 for a public project shall be prepared by the governmental 12 entity and entered into between the governmental entity and the 13 construction manager. The construction manager shall enter 14 into a contract with each subcontractor performing construction 15 services for the project. The construction manager shall 16 provide security pursuant to chapter 573. 17 2. Solicitation for subcontractor bids shall be conducted 18 by the construction manager, or the construction manager’s 19 designee, for all subcontracts and shall be awarded through a 20 process determined by the construction manager. 21 PART 3 22 DESIGN-BUILD PROJECT DELIVERY 23 Sec. 36. NEW SECTION . 262.34O Application to the 24 commission. 25 1. If in the judgment of the board of regents it is 26 desirable to use design-build services for the completion of 27 a public project, the governmental entity shall prepare a 28 selection plan and submit an application to the alternative 29 project delivery commission pursuant to section 262.34E, 30 subsection 3. If the public project is selected by the 31 alternative project delivery commission for inclusion in the 32 program, the governmental entity shall select a design-builder 33 in accordance with the procedures of this part. 34 2. A criteria consultant shall be employed or retained 35 -37- LSB 6280YC (1) 83 rh/tm 37/ 77
H.F. _____ to assist the governmental entity in preparing a request for 1 qualifications and a request for proposals. The criteria 2 consultant may be an employee of the governmental entity or an 3 individual retained specifically to assist the governmental 4 entity with the public project. The request for qualifications 5 and the request for proposals shall specify the selection 6 criteria and scoring methodology included in the selection 7 plan. The criteria consultant shall also assist the 8 governmental entity in selecting a design-builder. A criteria 9 consultant employed or retained by the governmental entity 10 shall not submit a statement of qualifications or a proposal 11 for the public project. 12 Sec. 37. NEW SECTION . 262.34P Selection process —— general 13 procedure. 14 The governmental entity shall select a design-builder for a 15 public project pursuant to a two-phase selection process. 16 1. Phase I of the selection process includes publication 17 of a request for qualifications by the governmental entity, 18 review of the statements of qualifications, and the selection 19 of a minimum of two but not more than five design-builders to 20 advance to phase II. 21 2. Phase II includes a request for proposals, the receipt of 22 proposals from those design-builders selected during phase I, 23 including a separate cost and schedule proposal, an interview 24 with each design-builder that submits a proposal, evaluation of 25 each proposal, and selection of a design-builder for the public 26 project. 27 Sec. 38. NEW SECTION . 262.34Q Phase I —— request for 28 qualifications, statement, evaluation, and selection. 29 1. During phase I, the governmental entity shall 30 publish notice of a request for qualifications pursuant 31 to the requirements of section 262.34G. The request for 32 qualifications shall specify a time, place, terms of contract, 33 and other specific instructions for the submission of the 34 statements of qualifications. The request for qualifications 35 -38- LSB 6280YC (1) 83 rh/tm 38/ 77
H.F. _____ shall also include a general description of the public 1 project, an estimated total cost of the public project and 2 the anticipated public project schedule. A statement of 3 qualifications not submitted according to the instructions 4 shall be rejected and returned to the design-builder. 5 2. Each design-builder shall submit a statement of 6 qualifications that includes but is not limited to the 7 following information: 8 a. Similar project experience, including experience in the 9 design-build method of alternative project delivery. 10 b. Qualifications of proposed project personnel. 11 c. References from similar projects. 12 d. The design-builder’s experience modification rating and a 13 description of the design-builder’s safety plan. 14 e. Bonding capacity and insurance. Design-builders 15 submitting a statement of qualifications shall be capable of 16 providing a bond according to the requirements of chapter 573 17 and shall include evidence of such bonding capacity with their 18 statement of qualifications. A statement of qualifications 19 shall also include evidence of all required insurance. If a 20 design-builder fails to include evidence of bonding capacity 21 and required insurance, the design-builder shall be deemed 22 unqualified for selection under phase I. 23 f. Other information requested by the governmental entity in 24 accordance with the selection plan. 25 3. The governmental entity shall evaluate and score 26 each statement of qualifications received according to the 27 predetermined selection criteria and scoring methodology that 28 were specified in the request for qualifications. The cost or 29 fees associated with a public project shall not be considered 30 by the governmental entity when evaluating a statement of 31 qualifications. 32 4. The governmental entity shall select a minimum of two 33 and a maximum of five design-builders who have the highest 34 scores to proceed to phase II. Scores assigned during phase 35 -39- LSB 6280YC (1) 83 rh/tm 39/ 77
H.F. _____ I shall not carry forward to phase II. The governmental 1 entity shall have discretion to disqualify any design-builder 2 that lacks the minimum qualifications required to perform 3 the design-build services for the public project. If two 4 qualified design-builders cannot be identified, the selection 5 process shall cease. If all design-builders are rejected, the 6 governmental entity may solicit new proposals using different 7 design and budget criteria. 8 Sec. 39. NEW SECTION . 262.34R Phase II —— request for 9 proposals, proposal review, selection, and negotiation. 10 1. During phase II, each design-builder selected during 11 phase I shall be given a request for proposals. The request 12 for proposals shall include but is not limited to the following 13 information: 14 a. The procedures to be followed in submitting proposals 15 and information relating to design-builder interviews under 16 subsection 2. 17 b. The selection criteria and scoring methodology for the 18 proposals. 19 c. Information related to the requirements, scope, 20 specifications, budget, and schedule for the public project, 21 including requirements and scope of preconstruction services 22 and construction services. 23 d. A requirement for a statement that the design-builder 24 will exercise responsible control over the design, protect 25 the health, safety, and welfare of the public, and act in the 26 governmental entity’s best interest. 27 e. The proposed terms and conditions for the public project 28 contract. 29 f. The requirements for the submission of a separate cost 30 and schedule proposal. 31 g. Other information requested by the governmental entity in 32 accordance with the selection plan. 33 2. Each design-builder selected during phase I may 34 submit a proposal to the governmental entity. Each proposal 35 -40- LSB 6280YC (1) 83 rh/tm 40/ 77
H.F. _____ submitted under this section shall not contain references to 1 costs associated with work contained in the proposal. The 2 governmental entity shall evaluate and score each proposal 3 according to the selection criteria and scoring methodology 4 specified in the request for proposals. 5 3. Each design-builder selected during phase I shall also 6 provide the governmental entity with a separate cost and 7 schedule proposal. A proposal submitted under subsection 2 and 8 the cost and schedule proposal may be submitted sequentially 9 or concurrently, according to the requirements of the request 10 for proposals. Failure to submit a cost and schedule proposal 11 according to the delivery requirements of the request for 12 proposals shall be grounds to reject the proposal. 13 4. The cost and schedule proposal shall include all of the 14 following: 15 a. A guaranteed maximum cost for the public project. 16 b. A bid security pursuant to chapter 573. 17 c. A proposed contract time, in calendar days, for 18 completing the public project. 19 d. Any other information required by the request for 20 proposals. 21 5. After the deadline for submission of proposals 22 has passed, the governmental entity shall interview each 23 design-builder that has submitted a proposal individually, 24 allowing each design-builder to present the design-builder’s 25 proposed team members, qualifications, and proposal, and to 26 answer questions from the governmental entity. 27 6. The cost and schedule proposals submitted under 28 subsection 3 shall be opened only after all proposals submitted 29 under subsection 2 have been evaluated and scored and after 30 completion of all design-builder interviews under subsection 5. 31 At the time that the cost and schedule proposals are opened, 32 the governmental entity shall make public its scoring of the 33 proposals submitted under subsection 2. Cost and schedule 34 proposals shall be evaluated and scored according to selection 35 -41- LSB 6280YC (1) 83 rh/tm 41/ 77
H.F. _____ criteria and scoring methodology specified in the request for 1 proposals. 2 7. The governmental entity shall select the design-builder 3 receiving the highest score based on the selection criteria and 4 scoring methodology specified in the request for proposals. 5 The governmental entity shall proceed to negotiate with 6 and attempt to enter into a contract with the selected 7 design-builder to serve as the design-builder for the public 8 project. The contract must include all applicable bond 9 requirements under chapter 573. If the governmental entity is 10 unable to negotiate a satisfactory contract with the selected 11 design-builder, negotiations with that design-builder shall 12 be terminated, and the governmental entity shall undertake 13 negotiations with the design-builder receiving the second 14 highest score. If negotiations cannot be successfully 15 completed with the design-builder receiving the second highest 16 score, the contract shall not be awarded under the request for 17 proposals. 18 8. If the governmental entity determines that it is not in 19 its best interest to proceed with the public project pursuant 20 to the proposals offered, the governmental entity shall reject 21 all proposals. If all proposals are rejected, the governmental 22 entity may solicit new statements of qualifications and 23 proposals using different design or budget criteria. 24 9. As an inducement to qualified design-builders, the 25 governmental entity shall pay a fair and reasonable stipend, 26 the amount of which shall be established in the request for 27 proposals, to each design-builder who participates in phase 28 II, but is not selected as the design-builder for the public 29 project. 30 DIVISION VIII 31 FLOODPLAIN MAPPING 32 Sec. 40. FLOODPLAIN MAPPING. Using funds allocated to the 33 department of natural resources for floodplain mapping from the 34 appropriation made to the department of economic development in 35 -42- LSB 6280YC (1) 83 rh/tm 42/ 77
H.F. _____ 2009 Iowa Acts, chapter 183, section 67, of federal community 1 development block grant funds awarded to the state under 2 the federal Consolidated Security, Disaster Assistance, and 3 Continuing Appropriations Act, 2009, Pub. L. No. 110-329, the 4 department of economic development shall enter an agreement 5 in an amount of not less than $10,000,000 with the state 6 university of Iowa for the development of new floodplain maps 7 by June 30, 2014, by the Iowa flood center established pursuant 8 to section 466C.1. The department of economic development 9 shall structure the contract to be consistent with any plan 10 for use of the funds approved by any federal agency, or, if 11 necessary, follow any procedures necessary for approval of this 12 contract. 13 Sec. 41. EFFECTIVE UPON ENACTMENT. This division of this 14 Act, being deemed of immediate importance, takes effect upon 15 enactment. 16 DIVISION IX 17 DEPARTMENT OF ADMINISTRATIVE SERVICES —— OFFICE SPACE 18 Sec. 42. DEPARTMENT OF ADMINISTRATIVE SERVICES —— OFFICE 19 SPACE REQUEST FOR PROPOSALS. 20 1. The department of administrative services shall issue a 21 request for proposals concerning the availability and cost of 22 office space for state employees in downtown Des Moines and in 23 other areas in close proximity to the state capitol complex. 24 The department shall consider the advantages of locating state 25 employees and their functions near the state capitol complex. 26 2. In issuing the request for proposals, the department 27 shall examine current leases for office space within the 28 greater Des Moines area, determine the current length and 29 duration of those leases, and consider the number of state 30 employees impacted by those leases. 31 3. The request for proposals shall ensure that any office 32 space selected shall meet all of the following criteria: 33 a. The office space is located in a class A building. 34 b. The building which includes the office space has skywalk 35 -43- LSB 6280YC (1) 83 rh/tm 43/ 77
H.F. _____ access. 1 c. The building which includes the office space is located 2 within reasonable proximity to the free shuttle service route 3 that includes transportation between the capitol complex and 4 the downtown Des Moines area. 5 d. The entity leasing office space provides adequate 6 parking to employees utilizing the office space which is within 7 reasonable proximity to the office space. 8 e. The office space is energy efficient. 9 f. The office space provides adequate space and resources 10 needed for the employees intending to occupy the office space. 11 4. The department of administrative services shall issue 12 the request for proposals by December 1, 2010, and shall submit 13 a written report to the general assembly concerning the request 14 for proposals by January 14, 2011. 15 Sec. 43. DEPARTMENT OF ADMINISTRATIVE SERVICES —— OFFICE 16 SPACE —— COST-BENEFIT ANALYSIS. 17 1. The department of administrative services shall conduct 18 a cost-benefit analysis of utilizing existing class A office 19 space for state employees in downtown Des Moines and other 20 areas in close proximity to the state capitol complex in lieu 21 of replacing or renovating the Wallace Building and prior to 22 leasing any space in the mercy capitol hospital building. The 23 cost-benefit analysis shall include consideration of any cost 24 to the applicable local jurisdiction arising from the state’s 25 utilization of existing office space. 26 2. The department of administrative services shall submit 27 a written report to the general assembly on the cost-benefit 28 analysis by January 14, 2011. 29 DIVISION X 30 CHANGES TO PRIOR APPROPRIATIONS 31 Sec. 44. 2006 Iowa Acts, chapter 1179, section 4, subsection 32 1, is amended to read as follows: 33 1. a. Notwithstanding Except as provided in paragraph 34 “b” , notwithstanding section 8.33, moneys appropriated for the 35 -44- LSB 6280YC (1) 83 rh/tm 44/ 77
H.F. _____ fiscal year beginning July 1, 2006, in this division of this 1 Act that remain unencumbered or unobligated at the close of 2 the fiscal year shall not revert but shall remain available 3 for the purposes designated until the close of the fiscal year 4 that begins July 1, 2009, or until the project for which the 5 appropriation was made is completed, whichever is earlier. 6 b. Notwithstanding section 8.33, moneys appropriated for the 7 fiscal year beginning July 1, 2006, in section 1, subsection 1, 8 and section 1, subsection 11, paragraph “b” of this division of 9 this Act that remain unencumbered or unobligated at the close 10 of the fiscal year shall not revert but shall remain available 11 for the purposes designated until the close of the fiscal year 12 that begins July 1, 2010, or until the project for which the 13 appropriation was made is completed, whichever is earlier. 14 Sec. 45. 2006 Iowa Acts, chapter 1179, section 18, is 15 amended to read as follows: 16 SEC. 18. REVERSION. 17 1. Except as provided in subsections 2 , and 3, and 18 4, notwithstanding section 8.33, moneys appropriated from the 19 endowment for Iowa’s health restricted capitals fund for the 20 fiscal years that begin July 1, 2005, and July 1, 2006, in this 21 division of this Act that remain unencumbered or unobligated at 22 the close of the fiscal year shall not revert but shall remain 23 available for the purposes designated until the close of the 24 fiscal year that begins July 1, 2009, or until the project for 25 which the appropriation was made is completed, whichever is 26 earlier. 27 2. Notwithstanding section 8.33, moneys appropriated from 28 the endowment for Iowa’s health restricted capitals fund 29 for the fiscal year that begins July 1, 2006, and ends June 30 30, 2007, in this division of this Act to the department of 31 veterans affairs for capital improvement projects at the Iowa 32 veterans home that remain unencumbered or unobligated at the 33 close of the fiscal year shall not revert but shall remain 34 available for expenditure for the purposes designated until the 35 -45- LSB 6280YC (1) 83 rh/tm 45/ 77
H.F. _____ close of the fiscal year that begins July 1, 2010. 1 3. Notwithstanding section 8.33, moneys appropriated from 2 the endowment for Iowa’s health restricted capitals fund 3 for the fiscal year beginning July 1, 2006, and ending June 4 30, 2007, in this division of this Act to the department of 5 education for major renovation and major repair needs at the 6 community colleges that remain unencumbered or unobligated at 7 the close of the fiscal year shall not revert but shall remain 8 available for expenditure for the purposes designated until 9 the close of the fiscal year beginning July 1, 2010, or until 10 the project for which appropriated is completed, whichever is 11 earlier. 12 4. Notwithstanding section 8.33, moneys appropriated from 13 the endowment for Iowa’s health restricted capitals fund 14 for the fiscal year that begins July 1, 2006, and ends June 15 30, 2007, in this division of this Act to the department of 16 administrative services for upgrades to the Woodward state 17 resource center wastewater treatment system that remain 18 unencumbered or unobligated at the close of the fiscal year 19 shall not revert but shall remain available for expenditure 20 for the purposes designated until the close of the fiscal year 21 that begins July 1, 2011, or until the project for which the 22 appropriation is made is completed, whichever is earlier. 23 Sec. 46. 2007 Iowa Acts, chapter 219, section 7, subsection 24 1, as amended by 2009 Iowa Acts, chapter 170, section 20, and 25 2009 Iowa Acts, chapter 184, section 17, is amended to read as 26 follows: 27 1. For costs associated with the construction and 28 establishment of the Iowa institute for biomedical discovery at 29 the state university of Iowa: 30 FY 2008-2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 0 31 FY 2009-2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 0 32 FY 2010-2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,000,000 33 0 34 Sec. 47. 2007 Iowa Acts, chapter 219, section 15, is amended 35 -46- LSB 6280YC (1) 83 rh/tm 46/ 77
H.F. _____ to read as follows: 1 SEC. 15. REVERSION. 2 1. Notwithstanding Except as provided in subsection 2, 3 notwithstanding section 8.33, moneys appropriated for the 4 fiscal year beginning July 1, 2007, in this division of this 5 Act that remain unencumbered or unobligated at the close of 6 the fiscal year shall not revert but shall remain available 7 for the purposes designated until the close of the fiscal year 8 beginning July 1, 2009, or until the project for which the 9 appropriation was made is completed, whichever is earlier. 10 2. Notwithstanding section 8.33, moneys appropriated 11 for the fiscal year beginning July 1, 2007, in section 14, 12 subsections 4 and 7 of this division of this Act that remain 13 unencumbered or unobligated at the close of the fiscal year 14 shall not revert but shall remain available for the purposes 15 designated until the close of the fiscal year beginning July 1, 16 2011, or until the project for which the appropriation was made 17 is completed, whichever is earlier. 18