Senate File 2389 - Introduced SENATE FILE 2389 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO SSB 3258) 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 6280SV (3) 83 rh/tm
S.F. 2389 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 c. For the state’s share of support in conjunction with 32 the city of Des Moines and local area businesses to provide 33 a free shuttle service to the citizens of Iowa that includes 34 transportation between the capitol complex and the downtown 35 -1- LSB 6280SV (3) 83 rh/tm 1/ 93
S.F. 2389 Des Moines area, notwithstanding section 8.57, subsection 6, 1 paragraph “c”: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,000 3 Details for the shuttle service, including the route to 4 be served, shall be determined pursuant to an agreement to 5 be entered into by the department with the Des Moines area 6 regional transit authority (DART) and any other participating 7 entities. 8 Of the amount appropriated in this lettered paragraph, up to 9 $50,000 shall be used to encourage state employees to utilize 10 transit services provided by the Des Moines area regional 11 transit authority. 12 2. DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP 13 For the administration of the watershed improvement review 14 board established in section 466A.3, notwithstanding section 15 8.57, subsection 6, paragraph “c”: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 17 3. DEPARTMENT FOR THE BLIND 18 For costs associated with universal access to audio 19 information over the phone on demand for blind and print 20 handicapped Iowans, notwithstanding section 8.57, subsection 21 6, paragraph “c”: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,000 23 4. DEPARTMENT OF CULTURAL AFFAIRS 24 a. For continuation of the project recommended by the Iowa 25 battle flag advisory committee to stabilize the condition of 26 the battle flag collection, notwithstanding section 8.57, 27 subsection 6, paragraph “c”: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 60,000 29 b. For purposes of maintenance and repairs of historic 30 sites: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 40,000 32 5. DEPARTMENT OF ECONOMIC DEVELOPMENT 33 a. For deposit in the workforce training and economic 34 development funds for each community college in section 35 -2- LSB 6280SV (3) 83 rh/tm 2/ 93
S.F. 2389 260C.18A, notwithstanding section 8.57, subsection 6, paragraph 1 “c”: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 3 b. To the 6th avenue corridor for improvements to the 4 streetscape associated with the national mainstreet conference 5 and for additional architectural and engineering design 6 plans for economic development and community revitalization, 7 notwithstanding section 8.57, subsection 6, paragraph “c”: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 9 c. To develop site plans for the southeast Iowa regional 10 economic and port authority including plans for infrastructure 11 for economic development, notwithstanding section 8.57, 12 subsection 6, paragraph “c”: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 14 d. For equal distribution to regional sports authority 15 districts certified by the department pursuant to section 16 15E.321, notwithstanding section 8.57, subsection 6, paragraph 17 “c”: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 19 e. For administration and support of the world food prize 20 including the Borlaug/Ruan scholar program, notwithstanding 21 section 8.57, subsection 6, paragraph “c”: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 23 6. DEPARTMENT OF EDUCATION 24 To provide resources for structural and technological 25 improvements to local libraries and for the enrich Iowa 26 program, notwithstanding section 8.57, subsection 6, paragraph 27 “c”: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 29 Of the moneys appropriated in this subsection, $50,000 shall 30 be allocated equally to each library service area. 31 7. DEPARTMENT OF NATURAL RESOURCES 32 a. For floodplain management and dam safety, 33 notwithstanding section 8.57, subsection 6, paragraph “c”: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 35 -3- LSB 6280SV (3) 83 rh/tm 3/ 93
S.F. 2389 Of the amounts appropriated in this lettered paragraph, 1 up to $400,000 is authorized for stream gages to be used 2 for tracking and predicting flood events and for compiling 3 necessary data relating to flood frequency analysis. 4 b. For costs associated with the construction of a permanent 5 structure for handicapped persons and senior citizens in a 6 county with a population between 37,150 and 37,250: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 40,000 8 c. For costs associated with the hiring and employment of an 9 asset manager at Honey creek resort state park, notwithstanding 10 section 8.57, subsection 6, paragraph “c”: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 12 The department shall issue a request for proposals to 13 competitively procure the services of an asset manager which 14 shall be selected by the natural resource commission. The 15 asset manager shall have hospitality management experience 16 of at least five years including at least three years asset 17 management experience in a setting similar in size and quality 18 to the Honey creek resort state park with a similar type of 19 market. The duties and job responsibilities of the asset 20 manager shall include but are not limited to reviewing and 21 commenting on the resort’s sales and marketing plan, providing 22 for the operation of the resort in a manner consistent with 23 the requirements and limitations set forth in the resort’s 24 operating agreement, monitoring and supervising the resort 25 including site visits, and negotiating and recommending an 26 annual operating budget and budget plan. The asset manager 27 shall report to bond counsel, the governor, the Honey creek 28 authority, the department of natural resources, and the 29 legislative services agency. 30 8. DEPARTMENT OF PUBLIC DEFENSE 31 a. For major maintenance projects at national guard 32 armories and facilities: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,500,000 34 b. For renovation and facility improvements at the Iowa 35 -4- LSB 6280SV (3) 83 rh/tm 4/ 93
S.F. 2389 Falls readiness center: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 2 c. For renovation and facility improvements at the Cedar 3 Rapids armed forces readiness center: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,000 5 d. For renovation and facility improvements at the 6 Middletown readiness center: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 8 9. DEPARTMENT OF PUBLIC HEALTH 9 For a grant to an existing national affiliated volunteer eye 10 organization that has an established program for children and 11 adults and that is solely dedicated to preserving sight and 12 preventing blindness through education, nationally certified 13 vision screening and training, community and patient service 14 programs, notwithstanding section 8.57, subsection 6, paragraph 15 “c”: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 17 10. IOWA FINANCE AUTHORITY 18 For transfer to the Polk county housing trust fund for the 19 construction of facilities to meet the specialized needs of 20 adult persons with severe and profound disabilities who have 21 high medical needs: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 23 11. STATE BOARD OF REGENTS 24 a. For allocation by the state board of regents to the 25 state university of Iowa, the Iowa state university of 26 science and technology, and the university of northern Iowa to 27 reimburse the institutions for deficiencies in the operating 28 funds resulting from the pledging of tuition, student fees 29 and charges, and institutional income to finance the cost of 30 providing academic and administrative buildings and facilities 31 and utility services at the institutions, notwithstanding 32 section 8.57, subsection 6, paragraph “c”: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 24,305,412 34 b. For the Iowa flood center at the state university of Iowa 35 -5- LSB 6280SV (3) 83 rh/tm 5/ 93
S.F. 2389 for use by the university’s college of engineering, pursuant 1 to section 466C.1, notwithstanding section 8.57, subsection 6, 2 paragraph “c”: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,300,000 4 c. To Iowa state university of science and technology to 5 purchase veterinary surgical and other equipment to modernize 6 the animal care facilities at the blank park zoo as part of 7 a cooperative effort of blank park zoo and the college of 8 veterinary medicine, notwithstanding section 8.57, subsection 9 6, paragraph “c”: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 400,000 11 12. TREASURER OF STATE 12 For county fair infrastructure improvements for distribution 13 in accordance with chapter 174 to qualified fairs which belong 14 to the association of Iowa fairs: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,060,000 16 13. DEPARTMENT OF TRANSPORTATION 17 For infrastructure improvements at general aviation airports 18 within the state: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 750,000 20 14. DEPARTMENT OF VETERANS AFFAIRS 21 For transfer to the Iowa finance authority for the 22 continuation of the home ownership assistance program for 23 persons who are or were eligible members of the armed forces of 24 the United States, pursuant to section 16.54, notwithstanding 25 section 8.57, subsection 6, paragraph “c”: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 27 Sec. 2. There is appropriated from the rebuild Iowa 28 infrastructure fund to the following departments and agencies 29 for the following fiscal years, the following amounts, or so 30 much thereof as is necessary, to be used for the purposes 31 designated: 32 1. DEPARTMENT OF CORRECTIONS 33 For project management costs at Fort Madison and 34 Mitchellville prisons, associated with construction projects 35 -6- LSB 6280SV (3) 83 rh/tm 6/ 93
S.F. 2389 at the department, notwithstanding section 8.57, subsection 6, 1 paragraph “c”: 2 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,500,000 3 FY 2012-2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 4 FY 2013-2014 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,000 5 2. DEPARTMENT OF NATURAL RESOURCES 6 For state park infrastructure improvements: 7 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 8 FY 2012-2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 9 FY 2013-2014 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 10 FY 2014-2015 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 11 3. DEPARTMENT OF TRANSPORTATION 12 For deposit into the passenger rail service revolving 13 fund created in section 327J.2 for matching federal funding 14 available through the federal Passenger Rail Investment 15 and Improvement Act of 2008 for passenger rail service, 16 notwithstanding section 8.57, subsection 6, paragraph “c”: 17 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,500,000 18 It is the intent of the general assembly to fund up to 19 $20 million over a four-year period to fully fund the state 20 commitment for matching federal funding available through the 21 federal Passenger Rail Investment and Improvement Act of 2008. 22 Sec. 3. REVERSION. For purposes of section 8.33, unless 23 specifically provided otherwise, unencumbered or unobligated 24 moneys made from an appropriation in this division of this Act 25 shall not revert but shall remain available for expenditure for 26 the purposes designated until the close of the fiscal year that 27 ends three years after the end of the fiscal year for which the 28 appropriation was made. However, if the project or projects 29 for which such appropriation was made are completed in an 30 earlier fiscal year, unencumbered or unobligated moneys shall 31 revert at the close of that same fiscal year. 32 DIVISION II 33 TECHNOLOGY REINVESTMENT FUND 34 Sec. 4. There is appropriated from the technology 35 -7- LSB 6280SV (3) 83 rh/tm 7/ 93
S.F. 2389 reinvestment fund created in section 8.57C to the following 1 departments and agencies for the fiscal year beginning July 2 1, 2010, and ending June 30, 2011, the following amounts, or 3 so much thereof as is necessary, to be used for the purposes 4 designated: 5 1. DEPARTMENT OF ADMINISTRATIVE SERVICES 6 For technology improvement projects: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,793,654 8 2. DEPARTMENT OF CORRECTIONS 9 For costs associated with the Iowa corrections offender 10 network data system: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 12 3. DEPARTMENT OF EDUCATION 13 a. For maintenance and lease costs associated with 14 connections for Part III of the Iowa communications network: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,727,000 16 b. For the implementation of an educational data warehouse 17 that will be utilized by teachers, parents, school district 18 administrators, area education agency staff, department of 19 education staff, and policymakers: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 600,000 21 The department may use a portion of the moneys appropriated 22 in this lettered paragraph for an e-transcript data system 23 capable of tracking students throughout their education via 24 interconnectivity with multiple schools. 25 4. DEPARTMENT OF PUBLIC HEALTH 26 For deposit in the county mental health, mental retardation, 27 and developmental disabilities services fund created by section 28 331.424A in a county with a population over 350,000 for a 29 community mental health center created under chapter 230A which 30 serves only adults: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 32 5. IOWA TELECOMMUNICATIONS AND TECHNOLOGY COMMISSION 33 For replacement of equipment for the Iowa communications 34 network: 35 -8- LSB 6280SV (3) 83 rh/tm 8/ 93
S.F. 2389 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,244,956 1 The commission may continue to enter into contracts pursuant 2 to section 8D.13 for the replacement of equipment and for 3 operations and maintenance costs of the network. 4 In addition to moneys appropriated in this subsection, 5 the commission may use a financing agreement entered into by 6 the treasurer of state in accordance with section 12.28 for 7 the replacement of equipment for the network. For purposes 8 of this subsection, the treasurer of state is not subject to 9 the maximum principal limitation contained in section 12.28, 10 subsection 6. Repayment of any amounts financed shall be made 11 from receipts associated with fees charged for use of the 12 network. 13 Sec. 5. 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 III 24 REVENUE BONDS CAPITALS FUND —— APPROPRIATIONS 25 Sec. 6. There is appropriated from the revenue bonds 26 capitals fund created in section 12.88, 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 ADMINISTRATIVE SERVICES 32 For projects related to major repairs and major maintenance 33 for state buildings and facilities: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,000,000 35 -9- LSB 6280SV (3) 83 rh/tm 9/ 93
S.F. 2389 Moneys appropriated in this subsection shall not be used 1 for purposes of the renovation of the Mercy capitol hospital 2 building. 3 2. DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP 4 a. To the soil conservation division of the department 5 established in section 161A.4 to provide financial assistance 6 for the establishment of permanent soil and water conservation 7 practices: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 9 b. Not more than 5 percent of the moneys appropriated 10 in paragraph “a” may be allocated for cost sharing to abate 11 complaints filed under section 161A.47. 12 c. Of the moneys appropriated in paragraph “a”, 5 percent 13 shall be allocated for financial incentives to establish 14 practices to protect watersheds above publicly owned lakes of 15 the state from soil erosion and sediment as provided in section 16 161A.73. 17 d. Not more than 30 percent of a soil and water conservation 18 district’s allocation of moneys as financial incentives may be 19 provided for the purpose of establishing management practices 20 to control soil erosion on land that is row cropped, including 21 but not limited to no-till planting, ridge-till planting, 22 contouring, and contour strip-cropping as provided in section 23 161A.73. 24 e. The state soil conservation committee created in section 25 161A.4 may allocate moneys appropriated in paragraph “a” 26 to conduct research and demonstration projects to promote 27 conservation tillage and nonpoint source pollution control 28 practices. 29 f. The allocation of moneys as financial incentives as 30 provided in section 161A.73 may be used in combination with 31 moneys allocated by the department of natural resources. 32 g. Moneys appropriated in this subsection shall not be used 33 for administrative or planning purposes. 34 3. DEPARTMENT OF CULTURAL AFFAIRS 35 -10- LSB 6280SV (3) 83 rh/tm 10/ 93
S.F. 2389 For grants for Iowa great places program projects: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 2 4. DEPARTMENT OF CORRECTIONS 3 a. For one-time costs associated with the opening of 4 community-based corrections facilities including the purchase 5 of equipment: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,519,048 7 b. For use by a city with a population between 198,000 and 8 199,000 for a safety barrier to be constructed in the natural 9 environment between the fifth judicial district facility and 10 the blank park zoo: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 12 c. For project management costs at Fort Madison and 13 Mitchellville prisons associated with construction projects at 14 the department: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,200,000 16 5. DEPARTMENT OF ECONOMIC DEVELOPMENT 17 To the Des Moines area regional transit authority (DART) for 18 construction of a regional transit hub for economic development 19 purposes and for providing public transportation in a city with 20 a population between 198,000 and 199,000 in the last preceding 21 certified federal census: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,000,000 23 6. DEPARTMENT OF NATURAL RESOURCES 24 For implementation of lake projects that have established 25 watershed improvement initiatives and community support in 26 accordance with the department’s annual lake restoration plan 27 and report: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,000,000 29 Of the amount appropriated in this subsection, $250,000 30 shall be allocated for dredging, reconstruction, and related 31 improvements of twin ponds adjacent to a nature center in a 32 county with a population between 13,050, and 13,100. 33 Of the amount appropriated in this subsection, $2,000,000 34 shall be allocated for costs associated with dam construction; 35 -11- LSB 6280SV (3) 83 rh/tm 11/ 93
S.F. 2389 shoreline protection; boat ramp, parking, and road 1 construction; and an in-lake fishing habitat development 2 project for a new state recreation area on a lake located in a 3 county with a population between 155,000 and 160,000. 4 Of the amount appropriated in this subsection, $100,000 5 shall be allocated for lake dredging and related improvements 6 including ongoing dam maintenance and operation on a lake with 7 public access that has the support of a benefited lake district 8 located in a county with a population between 18,350 and 18,450 9 in the last preceding federal census. 10 7. STATE BOARD OF REGENTS 11 For phase II of the construction and renovation of the 12 veterinary medical facilities at Iowa state university of 13 science and technology, specifically the renovation and 14 modernization of the area formerly occupied by the large animal 15 area of the teaching hospital for expanded clinical services: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,000,000 17 8. IOWA STATE FAIR 18 For infrastructure improvements to the Iowa state 19 fairgrounds including but not limited to the construction of an 20 agricultural exhibition center on the Iowa state fairgrounds: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,500,000 22 9. IOWA FINANCE AUTHORITY 23 For grants for purposes of the housing trust fund created in 24 section 16.181: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 26 Sec. 7. TAX-EXEMPT STATUS —— USE OF APPROPRIATIONS. 27 1. Payment of moneys from the appropriations in this 28 division of this Act shall be made in a manner that does not 29 adversely affect the tax-exempt status of any outstanding bonds 30 issued by the treasurer of state. 31 2. Payment of moneys from the appropriations in this 32 division of this Act shall not be used for administrative or 33 planning purposes. 34 Sec. 8. REVERSION. For purposes of section 8.33, unless 35 -12- LSB 6280SV (3) 83 rh/tm 12/ 93
S.F. 2389 specifically provided otherwise, unencumbered or unobligated 1 moneys made from an appropriation in this division of this Act 2 shall not revert but shall remain available for expenditure for 3 the purposes designated until the close of the fiscal year that 4 ends three years after the end of the fiscal year for which the 5 appropriation was made. However, if the project or projects 6 for which such appropriation was made are completed in an 7 earlier fiscal year, unencumbered or unobligated moneys shall 8 revert at the close of that same fiscal year. 9 DIVISION IV 10 REVENUE BONDS CAPITALS II FUND —— APPROPRIATIONS 11 Sec. 9. NEW SECTION . 12.88A Revenue bonds capitals II fund. 12 1. A revenue bonds capitals II fund is created and 13 established as a separate and distinct fund in the state 14 treasury. The treasurer of state shall act as custodian of the 15 fund and disburse moneys contained in the fund. 16 2. Revenue for the revenue bonds capitals II fund shall 17 include but is not limited to the following, which shall be 18 deposited with the treasurer of state or the treasurer of 19 state’s designee as provided by any bond or security documents 20 and credited to the fund: 21 a. The net proceeds of bonds issued after July 1, 2010, 22 pursuant to section 12.87 other than bonds issued for the 23 purpose of refunding such bonds, and investment earnings on the 24 net proceeds. 25 b. Interest attributable to investment of moneys in the fund 26 or an account of the fund. 27 c. Moneys in the form of a devise, gift, bequest, donation, 28 federal or other grant, reimbursement, repayment, judgment, 29 transfer, payment, or appropriation from any source intended to 30 be used for the purposes of the fund. 31 3. Moneys in the revenue bonds capitals II fund are not 32 subject to section 8.33. Notwithstanding section 12C.7, 33 subsection 2, interest or earnings on moneys in the fund shall 34 be credited to the fund. 35 -13- LSB 6280SV (3) 83 rh/tm 13/ 93
S.F. 2389 4. Annually, on or before January 15 of each year, a state 1 agency that received an appropriation from the revenue bonds 2 capitals II fund shall report to the legislative services 3 agency and the department of management the status of all 4 projects completed or in progress. The report shall include 5 a description of the project, the work completed, the total 6 estimated cost of the project, a list of all revenue sources 7 being used to fund the project, the amount of funds expended, 8 the amount of funds obligated, and the date the project was 9 completed or an estimated completion date of the project, where 10 applicable. 11 Sec. 10. There is appropriated from the revenue bonds 12 capitals II fund created in section 12.88A to the following 13 departments and agencies for the fiscal year beginning July 14 1, 2010, and ending June 30, 2011, the following amounts, or 15 so much thereof as is necessary, to be used for the purposes 16 designated: 17 1. DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP 18 a. To the soil conservation division of the department 19 established in section 161A.4 to provide financial assistance 20 for the establishment of permanent soil and water conservation 21 practices: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,950,000 23 (1) Not more than 5 percent of the moneys appropriated in 24 this paragraph “a” may be allocated for cost sharing to abate 25 complaints filed under section 161A.47. 26 (2) Of the moneys appropriated in this paragraph “a”, 27 5 percent shall be allocated for financial incentives to 28 establish practices to protect watersheds above publicly owned 29 lakes of the state from soil erosion and sediment as provided 30 in section 161A.73. 31 (3) Not more than 30 percent of a soil and water 32 conservation district’s allocation of moneys as financial 33 incentives may be provided for the purpose of establishing 34 management practices to control soil erosion on land that is 35 -14- LSB 6280SV (3) 83 rh/tm 14/ 93
S.F. 2389 row cropped, including but not limited to no-till planting, 1 ridge-till planting, contouring, and contour strip-cropping as 2 provided in section 161A.73. 3 (4) The state soil conservation committee created in 4 section 161A.4 may allocate moneys appropriated in paragraph 5 “a” to conduct research and demonstration projects to promote 6 conservation tillage and nonpoint source pollution control 7 practices. 8 (5) The allocation of moneys as financial incentives as 9 provided in section 161A.73 may be used in combination with 10 moneys allocated by the department of natural resources. 11 (6) Moneys appropriated in this paragraph “a” shall not be 12 used for administrative or planning purposes. 13 b. For grants under the conservation reserve enhancement 14 program to improve water quality and intercept nitrates: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,500,000 16 2. DEPARTMENT OF ECONOMIC DEVELOPMENT 17 a. For deposit into the community attraction and tourism 18 fund created in section 15F.204: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,000,000 20 b. For deposit into the river enhancement community 21 attraction and tourism fund created in section 15F.205: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,000,000 23 Moneys appropriated for grants awarded in paragraphs “a” and 24 “b” shall be used to assist communities in the development and 25 creation of multiple purpose attractions or community service 26 facilities for public use. 27 c. For accelerated career education program capital 28 projects at community colleges that are authorized under 29 chapter 260G and that meet the definition of vertical 30 infrastructure in section 8.57, subsection 6, paragraph “c”: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,500,000 32 d. For the main street Iowa program to be used as grants 33 for projects that have previously applied for funding 34 consideration, or have received partial funding for facade 35 -15- LSB 6280SV (3) 83 rh/tm 15/ 93
S.F. 2389 master plans to rehabilitate storefronts in main street Iowa 1 districts, to complete streetscape projects where planning 2 and the majority of funding is already secured, for unfunded 3 main street challenge grant projects, and for other building 4 rehabilitation projects that are currently on the department’s 5 highest priority list: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,450,000 7 Moneys appropriated in this lettered paragraph shall not be 8 used for administration or planning purposes. 9 Of the amount appropriated in this lettered paragraph, 10 $300,000 shall be allocated to a city with a population between 11 25,100 and 25,200 in the last preceding certified federal 12 census for a redevelopment project that includes improvements 13 and modifications to streets and storm sewers in both the 14 downtown and mall areas of the city. 15 e. To north Iowa area community college (merged area II) 16 for the construction of a small business center for economic 17 development: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,500,000 19 f. To kirkwood community college (merged area X) for 20 the construction of a small business center for economic 21 development: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,200,000 23 3. DEPARTMENT OF EDUCATION 24 For major renovation and major repair needs, including 25 health, life, and fire safety needs and for compliance with the 26 federal Americans with Disabilities Act, for state buildings 27 and facilities under the purview of the community colleges: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 29 4. IOWA FINANCE AUTHORITY 30 a. To the Iowa jobs board created in section 16.191 for 31 disaster relief and mitigation renovation and construction 32 projects: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 30,900,000 34 The moneys appropriated in this paragraph “a” shall be 35 -16- LSB 6280SV (3) 83 rh/tm 16/ 93
S.F. 2389 allocated as follows: 1 (1) To a county with a population between 189,000 and 2 196,000 in the last preceding certified federal census for the 3 renovation and expansion of an administrative office building: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,400,000 5 (2) To a city with a population between 120,500 and 120,800 6 in the last preceding certified federal census, for the 7 following projects: 8 (a) For renovation of an existing public building to make 9 the building useful for city department offices: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,400,000 11 (b) For flood mitigation or renovation in and around an 12 existingcourthouse: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 14 (3) To a city with a population between 198,000 and 199,000 15 in the last preceding certified federal census to be allocated 16 as follows: 17 (a) For site acquisition, design, engineering, and 18 construction of a fire training and logistics center: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,000,000 20 (b) For land acquisition, design, and construction of 21 sewers, structures, and pumping facilities necessary to 22 separate and convey sewer flow within the riverpoint service 23 area: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,250,000 25 (c) For land acquisition, design, and construction of 26 sewers, structures, and pumping facilities necessary to 27 separate or convey sewer flow within the Court avenue service 28 area: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,050,000 30 (d) For bank stabilization, stream bed stabilization, and 31 erosion control on highly erodible ground that is impacting 32 utilities, road infrastructure, and water quality: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 700,000 34 (e) To improve utilization of two of the wastewater 35 -17- LSB 6280SV (3) 83 rh/tm 17/ 93
S.F. 2389 reclamation authority’s existing equalization basins for 1 the control of peak flows during wet weather events in the 2 authority’s sewer system: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 4 (4) For a publicly owned acute care teaching hospital 5 located in a county with a population of over 350,000, for 6 the construction and renovation of patient access and care 7 facilities, equipment replacement and upgrades, and other 8 infrastructure improvements: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 10 (5) For a city with a population between 98,300 and 98,400 11 in the last preceding certified federal census, for flood 12 protection, replacement, and construction improvements to a 13 recreational sports facility: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,050,000 15 (6) For a city with a population between 68,700 and 16 68,800 in the last preceding certified federal census, for a 17 public works building that will allow the city to provide for 18 disaster-related services: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 20 (7) For a city with a population between 62,100 and 21 62,250 in the last preceding certified federal census, for 22 the demolition, relocation, and reconstruction of a public 23 wastewater treatment plant and the development of a public 24 green space: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 26 (8) For a city with a population between 2,545 and 2,555 in 27 the last preceding certified federal census, for a streetscape 28 project that reconstructs existing horizontal infrastructure 29 and lighting systems utilizing sustainable development 30 practices: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,175,000 32 (9) For a city with a population between 2,200 and 2,220 in 33 the last preceding certified federal census, for construction 34 of a public city building: 35 -18- LSB 6280SV (3) 83 rh/tm 18/ 93
S.F. 2389 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 475,000 1 (10) For a city with a population between 2,558 and 2,565 2 in the last preceding certified federal census, for the 3 installation of backflow prevention devices for the city’s 4 storm sewer system: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 600,000 6 (11) For a city with a population between 6,875 and 6,890 7 in the last preceding certified federal census, for the 8 construction of grade control structures and associated grading 9 to mitigate future water damage to residential structures: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 300,000 11 b. To the Iowa jobs board for a disaster prevention program 12 created in section 16.194A for grants for cities and counties 13 that apply smart planning principles and guidelines pursuant to 14 sections 18B.1 and 18B.2, if enacted by 2010 Iowa Acts, Senate 15 File 2265, sections 1 and 2: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 30,000,000 17 5. DEPARTMENT OF NATURAL RESOURCES 18 a. For state park infrastructure improvements: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 20 Of the amount appropriated in this lettered paragraph, 21 $100,000 shall be allocated for the renovation of a clubhouse 22 on a lake in a county with a population between 20,200 and 23 20,250 in the last preceding certified federal census. 24 b. For implementation of lake projects that have 25 established watershed improvement initiatives and community 26 support in accordance with the department’s annual lake 27 restoration plan and report: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,000,000 29 6. STATE BOARD OF REGENTS 30 a. For costs associated with the construction and 31 establishment of the Iowa institute for biomedical discovery at 32 the state university of Iowa: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,000,000 34 b. For deposit into the alternate energy revolving loan 35 -19- LSB 6280SV (3) 83 rh/tm 19/ 93
S.F. 2389 fund created in section 476.46 to encourage the development 1 of alternate energy production facilities and small hydro 2 facilities, as defined in section 476.42, within the state: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 4 Any award of loans to private individuals or organizations 5 must be for the public purpose of encouraging the development 6 of alternate energy production facilities and small hydro 7 facilities within the state in order to conserve finite and 8 expensive energy resources and to provide for their most 9 efficient use. Funds from bond proceeds shall not be used for 10 administration or planning purposes. These moneys, and any 11 loan repayments, shall be maintained in separate accounts and 12 shall only be used for these public purposes. 13 7. DEPARTMENT OF TRANSPORTATION 14 a. For grants for rail projects including wind energy rail 15 port projects that provide assistance consistent with the 16 purposes of section 327H.20A: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,500,000 18 Grants awarded pursuant to this lettered paragraph shall 19 meet all of the following selection criteria: 20 (1) Be located in or adjacent to a rail industrial park. 21 (2) Be a facility that serves multiple industrial clients 22 with one rail infrastructure investment. 23 (3) Accommodate building and loading a complete unit train 24 in the rail port. 25 (4) Have connection tracks with adequate clearances to 26 transport large components. 27 (5) Be located in an area with short unimpeded access for 28 oversized wind components to a divided four-lane highway. 29 Priority in the awarding of grants shall be given to 30 communities that have experienced exceptional economic 31 setbacks. An additional preference shall be given to a county 32 that has lost nine percent of its workforce to a permanent 33 factory closing where the laid off workers are trade adjustment 34 assistance eligible. 35 -20- LSB 6280SV (3) 83 rh/tm 20/ 93
S.F. 2389 b. For the public transit infrastructure grant program in 1 section 324A.6A: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 3 c. For infrastructure improvements at the commercial air 4 service airports within the state: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,500,000 6 Fifty percent of the funds appropriated in this lettered 7 paragraph shall be allocated equally between each commercial 8 air service airport, forty percent of the funds shall be 9 allocated based on the percentage that the number of enplaned 10 passengers at each commercial air service airport bears to the 11 total number of enplaned passengers in the state during the 12 previous fiscal year, and ten percent of the funds shall be 13 allocated based on the percentage that the air cargo tonnage 14 at each commercial air service airport bears to the total air 15 cargo tonnage in the state during the previous fiscal year. In 16 order for a commercial air service airport to receive funding 17 under this lettered paragraph, the airport shall be required 18 to submit applications for funding of specific projects to the 19 department for approval by the state transportation commission. 20 d. For infrastructure projects relating to functionally 21 obsolete and structurally deficient bridges: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,000,000 23 8. TREASURER OF STATE 24 For transfer to the watershed improvement review board 25 created in section 466A.3 for grants associated with the 26 construction and restoration of wetland easements and flood 27 prevention projects: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 29 Notwithstanding section 466A.5, moneys from the 30 appropriation in this subsection shall not be used for 31 administrative purposes. 32 Sec. 11. TAX-EXEMPT STATUS —— USE OF APPROPRIATIONS. 33 1. Payment of moneys from the appropriations in this 34 division of this Act shall be made in a manner that does not 35 -21- LSB 6280SV (3) 83 rh/tm 21/ 93
S.F. 2389 adversely affect the tax-exempt status of any outstanding bonds 1 issued by the treasurer of state. 2 2. Payment of moneys from the appropriations in this 3 division of this Act shall not be used for administrative or 4 planning purposes. 5 Sec. 12. 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 V 16 PRISON BONDING 17 Sec. 13. There is appropriated from the FY 2009 prison 18 bonding fund created pursuant to section 12.79 to the 19 department of corrections for the fiscal year beginning July 20 1, 2010, and ending June 30, 2011, the following amount, or 21 so much thereof as is necessary, to be used for the purpose 22 designated: 23 For costs associated with the building of a new Iowa State 24 penitentiary at Fort Madison: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 322,500 26 The appropriation made in this section constitutes approval 27 by the general assembly for the issuance of bonds by the 28 treasurer of state pursuant to section 12.80. 29 Sec. 14. REVERSION. For purposes of section 8.33, unless 30 specifically provided otherwise, unencumbered or unobligated 31 moneys made from an appropriation in this division of this Act 32 shall not revert but shall remain available for expenditure for 33 the purposes designated until the close of the fiscal year that 34 ends three years after the end of the fiscal year for which the 35 -22- LSB 6280SV (3) 83 rh/tm 22/ 93
S.F. 2389 appropriation was made. However, if the project or projects 1 for which such appropriation was made are completed in an 2 earlier fiscal year, unencumbered or unobligated moneys shall 3 revert at the close of that same fiscal year. 4 DIVISION VI 5 IOWA COMPREHENSIVE PETROLEUM UNDERGROUND STORAGE TANK FUND —— 6 DEPARTMENT OF TRANSPORTATION 7 Sec. 15. There is appropriated from the Iowa comprehensive 8 petroleum underground storage tank fund to the department of 9 transportation for the fiscal year beginning July 1, 2010, and 10 ending June 30, 2011, the following amount, or so much thereof 11 as is necessary, to be used for the purposes designated: 12 Notwithstanding section 455G.3, subsection 1, for deposit in 13 the passenger rail service revolving fund created in section 14 327J.2: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 16 Such funds shall be coupled with the remaining unobligated 17 balance of up to one million five hundred thousand dollars from 18 the appropriation made in 2009 Iowa Acts, chapter 184, section 19 1, subsection 12, paragraph “a”, for a total commitment of 20 three million five hundred thousand dollars for the fiscal year 21 beginning July 1, 2010, and ending June 30, 2011, for matching 22 federal funding available through the Passenger Rail Investment 23 and Improvement Act of 2008. 24 DIVISION VII 25 SMART PLANNING 26 Sec. 16. NEW SECTION . 18B.1 Iowa smart planning principles. 27 State agencies, local governments, and other public entities 28 shall consider and may apply the following principles during 29 deliberation of all appropriate planning, zoning, development, 30 and resource management decisions: 31 1. Collaboration. Governmental, community, and individual 32 stakeholders, including those outside the jurisdiction of the 33 entity, are encouraged to be involved and provide comment 34 during deliberation of planning, zoning, development, and 35 -23- LSB 6280SV (3) 83 rh/tm 23/ 93
S.F. 2389 resource management decisions and during implementation of such 1 decisions. The state agency, local government, or other public 2 entity is encouraged to develop and implement a strategy to 3 facilitate such participation. 4 2. Efficiency, transparency, and consistency. Planning, 5 zoning, development, and resource management should be 6 undertaken to provide efficient, transparent, and consistent 7 outcomes. Individuals, communities, regions, and governmental 8 entities should share in the responsibility to promote the 9 equitable distribution of development benefits and costs. 10 3. Clean, renewable, and efficient energy. Planning, zoning, 11 development, and resource management should be undertaken to 12 promote clean and renewable energy use and increased energy 13 efficiency. 14 4. Occupational diversity. Planning, zoning, development, 15 and resource management should promote increased diversity 16 of employment and business opportunities, promote access to 17 education and training, expand entrepreneurial opportunities, 18 and promote the establishment of businesses in locations near 19 existing housing, infrastructure, and transportation. 20 5. Revitalization. Planning, zoning, development, and 21 resource management should facilitate the revitalization 22 of established town centers and neighborhoods by promoting 23 development that conserves land, protects historic resources, 24 promotes pedestrian accessibility, and integrates different 25 uses of property. Remediation and reuse of existing 26 sites, structures, and infrastructure is preferred over new 27 construction in undeveloped areas. 28 6. Housing diversity. Planning, zoning, development, and 29 resource management should encourage diversity in the types 30 of available housing, support the rehabilitation of existing 31 housing, and promote the location of housing near public 32 transportation and employment centers. 33 7. Community character. Planning, zoning, development, and 34 resource management should promote activities and development 35 -24- LSB 6280SV (3) 83 rh/tm 24/ 93
S.F. 2389 that are consistent with the character and architectural style 1 of the community and should respond to local values regarding 2 the physical character of the community. 3 8. Natural resources and agricultural protection. 4 Planning, zoning, development, and resource management should 5 emphasize protection, preservation, and restoration of natural 6 resources, agricultural land, and cultural and historic 7 landscapes, and should increase the availability of open spaces 8 and recreational facilities. 9 9. Sustainable design. Planning, zoning, development, and 10 resource management should promote developments, buildings, and 11 infrastructure that utilize sustainable design and construction 12 standards and conserve natural resources by reducing waste and 13 pollution through efficient use of land, energy, water, air, 14 and materials. 15 10. Transportation diversity. Planning, zoning, 16 development, and resource management should promote expanded 17 transportation options for residents of the community. 18 Consideration should be given to transportation options that 19 maximize mobility, reduce congestion, conserve fuel, and 20 improve air quality. 21 Sec. 17. NEW SECTION . 18B.2 Local comprehensive planning 22 and development guidelines. 23 1. For the purposes of this chapter, unless the context 24 otherwise requires: 25 a. (1) “Development” means any of the following: 26 (a) Construction, reconstruction, renovation, mining, 27 extraction, dredging, filling, excavation, or drilling activity 28 or operation. 29 (b) Man-made changes in the use or appearance of any 30 structure or in the land itself. 31 (c) The division or subdivision of land. 32 (d) Any change in the intensity of use or the use of land. 33 (2) “Development” does not include any of the following: 34 (a) Activities on or uses of agricultural land, farm houses, 35 -25- LSB 6280SV (3) 83 rh/tm 25/ 93
S.F. 2389 or agricultural buildings or structures, unless such buildings 1 or structures are located in the flood plain of a river or 2 stream. 3 (b) Installation, operation, and maintenance of soil and 4 water conservation practices. 5 (c) The choice of crops or a change in the choice of crops 6 on agricultural land. 7 b. “Land development regulations” means zoning, subdivision, 8 site plan, corridor map, floodplain or storm water ordinances, 9 rules, or regulations, or other governmental controls that 10 affect the use of property. 11 c. “Municipality” means a city or a county. 12 2. A municipality shall consider the smart planning 13 principles under section 18B.1 and may include the following 14 information, if applicable, when developing or amending 15 a comprehensive plan under chapter 335 or chapter 414 or 16 when developing or amending other local land development 17 regulations: 18 a. Information relating to public participation during 19 the creation of the comprehensive plan or land development 20 regulations, including documentation of the public 21 participation process, a compilation of objectives, policies, 22 and goals identified in the public comment received, and 23 identification of the groups or individuals comprising any work 24 groups or committees that were created to assist the planning 25 and zoning commission or other appropriate decision-making body 26 of the municipality. 27 b. Information relating to the primary characteristics 28 of the municipality and a description of how each of those 29 characteristics impacts future development of the municipality. 30 Such information may include historical information about 31 the municipality, the municipality’s geography, natural 32 resources, natural hazards, population, demographics, types of 33 employers and industry, labor force, political and community 34 institutions, housing, transportation, educational resources, 35 -26- LSB 6280SV (3) 83 rh/tm 26/ 93
S.F. 2389 and cultural and recreational resources. The comprehensive 1 plan or land development regulations may also identify 2 characteristics and community aesthetics that are important to 3 future development of the municipality. 4 c. Objectives, information, and programs that identify 5 current land uses within the municipality and that guide the 6 future development and redevelopment of property, consistent 7 with the municipality’s characteristics identified under 8 paragraph “b” . The comprehensive plan or land development 9 regulations may include information on the amount, type, 10 intensity, and density of existing land use, trends in 11 the market price of land used for specific purposes, and 12 plans for future land use throughout the municipality. The 13 comprehensive plan or land development regulations may identify 14 and include information on property that has the possibility 15 for redevelopment, a map of existing and potential land use 16 and land use conflicts, information and maps relating to 17 the current and future provision of utilities within the 18 municipality, information and maps that identify the current 19 and future boundaries for areas reserved for soil conservation, 20 water supply conservation, flood control, and surface water 21 drainage and removal. Information provided under this 22 paragraph may also include an analysis of the current and 23 potential impacts on local watersheds and air quality. 24 d. Objectives, policies, and programs to further the 25 vitality and character of established residential neighborhoods 26 and new residential neighborhoods and plans to ensure an 27 adequate housing supply that meets both the existing and 28 forecasted housing demand. The comprehensive plan or land 29 development regulations may include an inventory and analysis 30 of the local housing stock and may include specific information 31 such as age, condition, type, market value, occupancy, and 32 historical characteristics of all the housing within the 33 municipality. The comprehensive plan or land development 34 regulations may identify specific policies and programs that 35 -27- LSB 6280SV (3) 83 rh/tm 27/ 93
S.F. 2389 promote the development of new housing and maintenance or 1 rehabilitation of existing housing and that provide a range of 2 housing choices that meet the needs of the residents of the 3 municipality. 4 e. Objectives, policies, and programs to guide future 5 development of utilities such as sanitary sewer service, 6 storm water management, water supply, solid waste disposal, 7 wastewater treatment technologies, recycling facilities, 8 telecommunications facilities, power generating plants, and 9 transmission lines. The comprehensive plan or land development 10 regulations may include estimates regarding future demand for 11 such utility services. 12 f. Objectives, policies, and programs to guide the future 13 development of a safe, convenient, efficient, and economical 14 transportation system. Plans for such a transportation system 15 may be coordinated with state and regional transportation 16 plans and take into consideration the need for diverse modes 17 of transportation, accessibility, improved air quality, and 18 interconnectivity of the various modes of transportation. 19 g. Objectives, policies, and programs to promote the 20 stabilization, retention, or expansion of economic development 21 and employment opportunities. The comprehensive plan or land 22 development regulations may include an analysis of current 23 industries and economic activity and identify economic growth 24 goals for the municipality. The comprehensive plan or land 25 development regulations may also identify locations for future 26 brownfield or grayfield development. 27 h. Objectives, policies, and programs addressing 28 preservation and protection of agricultural and natural 29 resources. 30 i. Objectives, policies, and programs to assist future 31 development of educational facilities, cemeteries, health 32 care facilities, child care facilities, law enforcement and 33 fire protection facilities, libraries, and other governmental 34 facilities that are necessary or desirable to meet the 35 -28- LSB 6280SV (3) 83 rh/tm 28/ 93
S.F. 2389 projected needs of the municipality. 1 j. Objectives, policies, and programs to identify 2 characteristics and qualities that make the municipality unique 3 and that are important to the municipality’s heritage and 4 quality of life. 5 k. Objectives, policies, and programs that identify the 6 natural and other hazards that have the greatest likelihood of 7 impacting the municipality or that pose a risk of catastrophic 8 damage as such hazards relate to land use and development 9 decisions, as well as the steps necessary to mitigate risk 10 after considering the local hazard mitigation plan approved by 11 the federal emergency management agency. 12 l. Objectives, policies, and programs for joint planning 13 and joint decision making with other municipalities or 14 governmental entities, including school districts and drainage 15 districts, for siting and constructing public facilities and 16 sharing public services. The comprehensive plan or land 17 development regulations may identify existing or potential 18 conflicts between the municipality and other local governments 19 related to future development of the municipality and may 20 include recommendations for resolving such conflicts. The 21 comprehensive plan or land development regulations may 22 also identify opportunities to collaborate and partner with 23 neighboring jurisdictions and other entities in the region for 24 projects of mutual interest. 25 m. A compilation of programs and specific actions necessary 26 to implement any provision of the comprehensive plan, including 27 changes to any applicable land development regulations, 28 official maps, or subdivision ordinances. 29 3. A municipality’s comprehensive plan developed using the 30 guidelines under this section shall address prevention and 31 mitigation of, response to, and recovery from a catastrophic 32 flood. 33 Sec. 18. Section 28I.4, Code 2009, is amended to read as 34 follows: 35 -29- LSB 6280SV (3) 83 rh/tm 29/ 93
S.F. 2389 28I.4 Powers and duties. 1 1. The commission shall have the power and duty to 2 make comprehensive studies and plans for the development 3 of the area it serves which will guide the unified 4 development of the area and which will eliminate planning 5 duplication and promote economy and efficiency in the 6 co-ordinated coordinated development of the area and the 7 general welfare, convenience, safety, and prosperity of its 8 people. The plan or plans collectively shall be known as 9 the regional or metropolitan development plan. The plans 10 for the development of the area may include , but shall not 11 be limited to , recommendations with respect to existing 12 and proposed highways, bridges, airports, streets, parks 13 and recreational areas, schools and public institutions and 14 public utilities, public open spaces, and sites for public 15 buildings and structures; districts for residence, business, 16 industry, recreation, agriculture, and forestry; water supply, 17 sanitation, drainage, protection against floods and other 18 disasters; areas for housing developments, slum clearance 19 and urban renewal and redevelopment; location of private 20 and public utilities, including but not limited to sewerage 21 and water supply systems; and such other recommendations 22 concerning current and impending problems as may affect the 23 area served by the commission. Time and priority schedules and 24 cost estimates for the accomplishment of the recommendations 25 may also be included in the plans. The plans shall be made 26 with consideration of the smart planning principles under 27 section 18B.1. The plans shall be based upon and include 28 appropriate studies of the location and extent of present 29 and anticipated populations; social, physical, and economic 30 resources, problems and trends; and governmental conditions and 31 trends. The commission is also authorized to make surveys, 32 land-use studies, and urban renewal plans, provide technical 33 services and other planning work for the area it serves and 34 for cities, counties, and other political subdivisions in 35 -30- LSB 6280SV (3) 83 rh/tm 30/ 93
S.F. 2389 the area. A plan or plans of the commission may be adopted, 1 added to, and changed from time to time by a majority 2 vote of the planning commission. The plan or plans may in 3 whole or in part be adopted by the governing bodies of the 4 co-operating cooperating cities and counties as the general 5 plans of such cities and counties. The commission may also 6 assist the governing bodies and other public authorities or 7 agencies within the area it serves in carrying out any regional 8 plan or plans, and assist any planning commission, board or 9 agency of the cities and counties and political subdivisions 10 in the preparation or effectuation of local plans and planning 11 consistent with the program of the commission. The commission 12 may co-operate cooperate and confer, as far as possible, with 13 planning agencies of other states or of regional groups of 14 states adjoining its area. 15 2. A planning commission formed under the provisions of 16 this chapter shall, upon designation as such by the governor, 17 serve as a district, regional , or metropolitan agency for 18 comprehensive planning for its area for the purpose of carrying 19 out the functions as defined for such an agency by federal, 20 state , and local laws and regulations. 21 Sec. 19. Section 329.3, Code 2009, is amended to read as 22 follows: 23 329.3 Zoning regulations —— powers granted. 24 Every municipality having an airport hazard area within 25 its territorial limits may adopt, administer, and enforce 26 in the manner and upon the conditions prescribed by this 27 chapter, zoning regulations for such airport hazard area, 28 which regulations may divide such area into zones and, within 29 such zones, specify the land uses permitted, and regulate 30 and restrict, for the purpose of preventing airport hazards, 31 the height to which structures and trees may be erected or 32 permitted to grow. Regulations adopted under this chapter 33 shall be made with consideration of the smart planning 34 principles under section 18B.1. 35 -31- LSB 6280SV (3) 83 rh/tm 31/ 93
S.F. 2389 Sec. 20. Section 335.5, Code 2009, is amended to read as 1 follows: 2 335.5 Objectives. 3 1. The regulations shall be made in accordance with a 4 comprehensive plan and designed to preserve the availability 5 of agricultural land; to consider the protection of soil 6 from wind and water erosion; to encourage efficient urban 7 development patterns; to lessen congestion in the street or 8 highway; to secure safety from fire, flood, panic, and other 9 dangers; to protect health and the general welfare; to provide 10 adequate light and air; to prevent the overcrowding of land; 11 to avoid undue concentration of population; to promote the 12 conservation of energy resources; to promote reasonable access 13 to solar energy; and to facilitate the adequate provision of 14 transportation, water, sewerage, schools, parks , and other 15 public requirements. However, provisions of this section 16 relating to the objectives of energy conservation and access 17 to solar energy shall not be construed as voiding any zoning 18 regulation existing on July 1, 1981, or to require zoning in a 19 county that did not have zoning prior to July 1, 1981. 20 2. Such The regulations shall be made with reasonable 21 consideration, among other things, as to the character of the 22 area of the district and the peculiar suitability of such area 23 for particular uses, and with a view to conserving the value 24 of buildings and encouraging the most appropriate use of land 25 throughout such county. 26 3. The regulations and comprehensive plan shall be made with 27 consideration of the smart planning principles under section 28 18B.1 and may include the information specified in section 29 18B.2, subsection 2. 30 4. a. A comprehensive plan recommended for adoption by 31 the zoning commission established under section 335.8, may be 32 adopted by the board of supervisors. The board of supervisors 33 may amend a proposed comprehensive plan prior to adoption. The 34 board of supervisors shall publish notice of the meeting at 35 -32- LSB 6280SV (3) 83 rh/tm 32/ 93
S.F. 2389 which the comprehensive plan will be considered for adoption. 1 The notice shall be published as provided in section 331.305. 2 b. Following its adoption, copies of the comprehensive plan 3 shall be sent or made available to neighboring counties, cities 4 within the county, the council of governments or regional 5 planning commission where the county is located, and public 6 libraries within the county. 7 c. Following its adoption, a comprehensive plan may be 8 amended by the board of supervisors at any time. 9 Sec. 21. Section 335.8, Code 2009, is amended to read as 10 follows: 11 335.8 Commission appointed. 12 1. In order to avail itself of the powers conferred by this 13 chapter, the board of supervisors shall appoint a commission, 14 a majority of whose members shall reside within the county 15 but outside the corporate limits of any city, to be known as 16 the county zoning commission, to recommend the boundaries of 17 the various original districts, and appropriate regulations 18 and restrictions to be enforced therein. Such commission 19 shall, with due diligence, prepare a preliminary report and 20 hold public hearings thereon before submitting its final 21 report; and the board of supervisors shall not hold its public 22 hearings or take action until it has received the final report 23 of such commission. After the adoption of such regulations, 24 restrictions, and boundaries of districts, the zoning 25 commission may, from time to time, recommend to the board of 26 supervisors amendments, supplements, changes or modifications. 27 2. The zoning commission may recommend to the board of 28 supervisors for adoption a comprehensive plan pursuant to 29 section 335.5, or amendments thereto. 30 3. The zoning commission, with the approval of the board 31 of supervisors, may contract with professional consultants, 32 regional planning commissions, the Iowa department of economic 33 development, or the federal government, for local planning 34 assistance. 35 -33- LSB 6280SV (3) 83 rh/tm 33/ 93
S.F. 2389 Sec. 22. Section 414.3, Code 2009, is amended to read as 1 follows: 2 414.3 Basis of regulations. 3 1. The regulations shall be made in accordance with a 4 comprehensive plan and designed to preserve the availability of 5 agricultural land; to consider the protection of soil from wind 6 and water erosion; to encourage efficient urban development 7 patterns; to lessen congestion in the street; to secure safety 8 from fire, flood, panic, and other dangers; to promote health 9 and the general welfare; to provide adequate light and air; to 10 prevent the overcrowding of land; to avoid undue concentration 11 of population; to promote the conservation of energy resources; 12 to promote reasonable access to solar energy; and to facilitate 13 the adequate provision of transportation, water, sewerage, 14 schools, parks, and other public requirements. However, 15 provisions of this section relating to the objectives of energy 16 conservation and access to solar energy do not void any zoning 17 regulation existing on July 1, 1981, or require zoning in a 18 city that did not have zoning prior to July 1, 1981. 19 2. Such The regulations shall be made with reasonable 20 consideration, among other things, as to the character of the 21 area of the district and the peculiar suitability of such area 22 for particular uses, and with a view to conserving the value 23 of buildings and encouraging the most appropriate use of land 24 throughout such city. 25 3. The regulations and comprehensive plan shall be made with 26 consideration of the smart planning principles under section 27 18B.1 and may include the information specified in section 28 18B.2, subsection 2. 29 4. a. A comprehensive plan recommended for adoption by 30 the zoning commission established under section 414.6, may be 31 adopted by the council. The council may amend the proposed 32 comprehensive plan prior to adoption. The council shall 33 publish notice of the meeting at which the comprehensive plan 34 will be considered for adoption. The notice shall be published 35 -34- LSB 6280SV (3) 83 rh/tm 34/ 93
S.F. 2389 as provided in section 362.3. 1 b. Following its adoption, copies of the comprehensive plan 2 shall be sent or made available to the county in which the city 3 is located, neighboring counties and cities, the council of 4 governments or regional planning commission where the city is 5 located, and public libraries within the city. 6 c. Following its adoption, a comprehensive plan may be 7 amended by the council at any time. 8 Sec. 23. Section 414.6, Code 2009, is amended to read as 9 follows: 10 414.6 Zoning commission. 11 1. In order to avail itself of the powers conferred by 12 this chapter, the council shall appoint a commission, to be 13 known as the zoning commission, to recommend the boundaries of 14 the various original districts, and appropriate regulations 15 and restrictions to be enforced therein. Where a city plan 16 commission already exists, it may be appointed as the zoning 17 commission. Such commission shall, with due diligence, prepare 18 a preliminary report and hold public hearings thereon before 19 submitting its final report; and such council shall not hold 20 its public hearings or take action until it has received the 21 final report of such commission. After the adoption of such 22 regulations, restrictions, and boundaries of districts, the 23 zoning commission may, from time to time, recommend to the 24 council amendments, supplements, changes, or modifications. 25 2. The zoning commission may recommend to the council for 26 adoption a comprehensive plan pursuant to section 414.3, or 27 amendments thereto. 28 Sec. 24. IOWA SMART PLANNING TASK FORCE. 29 1. An Iowa smart planning task force is established 30 consisting of twenty-nine voting members and four ex officio, 31 nonvoting members. 32 2. Members of the task force shall consist of all of the 33 following: 34 a. Fourteen state agency director or administrator members 35 -35- LSB 6280SV (3) 83 rh/tm 35/ 93
S.F. 2389 consisting of all of the following: 1 (1) The director of the department on aging or the 2 director’s designee. 3 (2) The director of the department of economic development 4 or the director’s designee. 5 (3) The secretary of agriculture and land stewardship or the 6 secretary’s designee. 7 (4) The director of the department of cultural affairs or 8 the director’s designee. 9 (5) The director of the department of public health or the 10 director’s designee. 11 (6) The director of the department of management or the 12 director’s designee. 13 (7) The director of the department of natural resources or 14 the director’s designee. 15 (8) The director of the department of workforce development 16 or the director’s designee. 17 (9) The director of the office of energy independence or the 18 director’s designee. 19 (10) The director of the department of transportation or the 20 director’s designee. 21 (11) The administrator of the homeland security and 22 emergency management division of the department of public 23 defense or the administrator’s designee. 24 (12) The director of the rebuild Iowa office or the 25 director’s designee. 26 (13) The state building code commissioner or the 27 commissioner’s designee. 28 (14) The chairperson of the utilities board within the 29 utilities division of the department of commerce or the 30 chairperson’s designee. 31 b. Chairperson of the department of community and regional 32 planning at Iowa state university or the chairperson’s 33 designee. 34 c. Director of the urban and regional planning program at 35 -36- LSB 6280SV (3) 83 rh/tm 36/ 93
S.F. 2389 the university of Iowa or the director’s designee. 1 d. Director of the institute for decision making at the 2 university of northern Iowa or the director’s designee. 3 e. President of the Iowa chapter of the American planning 4 association or the president’s designee. 5 f. Executive director of the Iowa association of regional 6 councils or the executive director’s designee. 7 g. President of the Iowa chapter of the American institute 8 of architects or the president’s designee. 9 h. Executive director of the Iowa league of cities or the 10 executive director’s designee. 11 i. Executive director of the Iowa state association of 12 counties or the executive director’s designee. 13 j. President of the executive committee of the school 14 administrators of Iowa or the president’s designee. 15 k. A representative appointed by the governor from a city 16 having a population of five thousand or less according to the 17 2000 certified federal census. 18 l. A representative appointed by the governor from a city 19 having a population of more than five thousand and less than 20 twenty-five thousand according to the 2000 certified federal 21 census. 22 m. A representative appointed by the governor from a city 23 having a population of twenty-five thousand or more according 24 to the 2000 certified federal census. 25 n. A representative appointed by the governor from a county 26 having a population of ten thousand or less according to the 27 2000 certified federal census. 28 o. A representative appointed by the governor from a county 29 having a population of more than ten thousand and less than 30 fifty thousand according to the 2000 certified federal census. 31 p. A representative appointed by the governor from a county 32 having a population of fifty thousand or more according to the 33 2000 certified federal census. 34 3. The task force shall include four members of the general 35 -37- LSB 6280SV (3) 83 rh/tm 37/ 93
S.F. 2389 assembly serving as ex officio, nonvoting members, with not 1 more than one member from each chamber being from the same 2 political party. The two senators shall be appointed one each 3 by the majority leader of the senate after consultation with 4 the president of the senate, and by the minority leader of the 5 senate. The two representatives shall be appointed one each by 6 the speaker of the house of representatives after consultation 7 with the majority leader of the house of representatives, and 8 by the minority leader of the house of representatives. 9 4. The task force may establish committees and 10 subcommittees comprised of members of the task force. 11 5. Members of the task force designated in subsection 2, 12 paragraphs “k” through “p” shall serve at the pleasure of the 13 governor. For the members of the task force designated in 14 subsection 2, paragraphs “k” through “p”, at least one member 15 shall have experience in real estate, at least one member shall 16 have experience in land development, and at least one member 17 shall have experience in residential construction. 18 6. A vacancy on the task force shall be filled in the same 19 manner as the original appointment. 20 7. a. A majority of the members of the task force 21 constitutes a quorum. Any action taken by the task force 22 must be adopted by the affirmative vote of a majority of its 23 membership. A task force member’s designee may vote on task 24 force matters in the absence of the member. 25 b. The task force shall elect a chairperson and vice 26 chairperson from the membership of the task force. 27 c. The task force shall meet at least four times before 28 November 15, 2010. Meetings of the task force may be called 29 by the chairperson or by a majority of the members. However, 30 the first meeting of the task force shall be called by the 31 governor. 32 d. Members of the task force shall not be compensated for 33 meeting participation or reimbursed for costs associated with 34 meeting attendance. A legislative member is not eligible for 35 -38- LSB 6280SV (3) 83 rh/tm 38/ 93
S.F. 2389 per diem and expenses as provided in section 2.10. 1 8. The director of the department of management, or the 2 director’s designee, shall provide staff assistance and 3 administrative support to the task force. The task force 4 may request information or other assistance from the Iowa 5 association of regional councils. 6 9. The director of the department of management, or the 7 director’s designee, shall seek funding to support municipal 8 comprehensive planning in this state. 9 10. The task force shall comply with the requirements of 10 chapters 21 and 22. The department of management shall be the 11 official repository of task force records. 12 11. The duties of the task force shall include but are not 13 limited to the following: 14 a. Consult land use experts, representatives of cities 15 and counties, agricultural and environmental interests, urban 16 and regional planning experts, reports or information from 17 the local government innovation commission, and all other 18 information deemed relevant by task force members. 19 b. Solicit information from the general public on matters 20 related to comprehensive planning. 21 c. Evaluate state policies, programs, statutes, and rules 22 to determine whether any state policies, programs, statutes, or 23 rules should be revised to integrate the Iowa smart planning 24 principles under section 18B.1. 25 d. Develop statewide goals for comprehensive planning that 26 utilize the Iowa smart planning principles under section 18B.1, 27 and develop recommendations for a process to measure progress 28 toward achieving those goals. 29 e. Evaluate and develop incentives to conduct local and 30 regional comprehensive planning, including but not limited to 31 state financial and technical assistance. 32 f. Develop a model for regional comprehensive planning 33 within the state and recommend partnerships between state 34 agencies, local governments, educational institutions, and 35 -39- LSB 6280SV (3) 83 rh/tm 39/ 93
S.F. 2389 research facilities. 1 g. Review municipal comprehensive plans to determine the 2 number of such plans that address the hazards identified in 3 section 18B.2, subsection 2, paragraph “k”, and the adequacy of 4 such plans in addressing those hazards. 5 h. Develop a set of recommendations that is consistent with 6 the Iowa smart planning principles under section 18B.1 and that 7 does all of the following: 8 (1) Coordinates, facilitates, and centralizes the exchange 9 of information related to state and local planning, zoning, and 10 development between state agencies and the general assembly. 11 (2) Coordinates discussions concerning a proposed 12 geographic information system between the producers and the 13 users of such systems. 14 (3) Allows the efficient production and dissemination of 15 population and other demographic statistical forecasts. 16 (4) Creates a centralized electronic storage location for 17 all comprehensive plans adopted under chapter 335 or chapter 18 414. 19 (5) Facilitates the cooperation of state and local 20 governments with comprehensive planning, educational, and 21 research programs. 22 (6) Provides and administers technical and financial 23 assistance for state and local comprehensive planning. 24 (7) Provides information to local governments relating 25 to state and federal resources and other resources for 26 comprehensive planning. 27 i. (1) Develop a model ordinance for the regulation of 28 a two-tenths percent floodplain by political subdivisions. 29 The model ordinance shall include a definition of the 30 term “two-tenths percent floodplain” as applicable to the 31 ordinance’s provisions. 32 (2) The taskforce may consider all of the following in the 33 model ordinance: 34 (a) Requirements for the purchase of flood insurance for 35 -40- LSB 6280SV (3) 83 rh/tm 40/ 93
S.F. 2389 property. 1 (b) Requirements for new development or modification or 2 improvement of existing development to mitigate the effects of 3 future flooding. 4 (c) The effect of flood control levees. 5 (d) The use of fill and offsets required for the use of 6 fill. 7 (e) Categories of development that should be prohibited. 8 (f) Interaction with regulations by the federal emergency 9 management agency. 10 (g) Any other issues that the taskforce finds should be 11 addressed in the model ordinance. 12 12. The task force shall prepare a report that includes 13 goals, recommendations, and other information described in 14 subsection 11, to the governor and the general assembly on or 15 before November 15, 2010. 16 13. The task force is dissolved on December 31, 2012. 17 DIVISION VIII 18 GROW IOWA VALUES FUND 19 Sec. 25. There is appropriated from the rebuild Iowa 20 infrastructure fund to the department of economic development 21 for deposit in the grow Iowa values fund, for the fiscal year 22 beginning July 1, 2010, and ending June 30, 2011, the following 23 amount, notwithstanding section 8.57, subsection 6, paragraph 24 “c”: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 38,000,000 26 Sec. 26. GROW IOWA VALUES FUND APPROPRIATION REDUCTION. In 27 lieu of the $50,000,000 appropriated for the fiscal year 28 beginning July 1, 2010, and ending June 30, 2011, from 29 the grow Iowa values fund to the department of economic 30 development pursuant to section 15G.111, subsection 3, there is 31 appropriated from the grow Iowa values fund to the department 32 of economic development for the fiscal year beginning July 1, 33 2010, and ending June 30, 2011, $38,000,000 for the purposes of 34 making expenditures pursuant to chapter 15G. 35 -41- LSB 6280SV (3) 83 rh/tm 41/ 93
S.F. 2389 Sec. 27. GROW IOWA VALUES FUND ALLOCATIONS. In lieu of the 1 amounts allocated pursuant to section 15G.111, subsections 4 2 through 10, for the fiscal year beginning July 1, 2010, and 3 ending June 30, 2011, of the $38,000,000 appropriated to the 4 department of economic development pursuant to this division of 5 this Act, the department shall allocate the following amounts 6 for the following purposes as described in section 15G.111, 7 subsections 4 through 10: 8 1. For departmental purposes, $21,363,600. 9 2. For the state board of regents institutions, $3,800,000. 10 3. For state parks, $760,000. 11 4. For deposit in the Iowa cultural trust fund, $760,000. 12 5. For community colleges, $5,320,000. 13 6. For regional financial assistance, $760,000. 14 Of the moneys allocated pursuant to this subsection and in 15 lieu of the three hundred fifty thousand dollars transferred 16 under section 15G.111, subsection 9, paragraph “a”, the 17 department shall transfer two hundred sixty-six thousand 18 dollars to Iowa state university of science and technology, for 19 purposes of providing financial assistance to establish small 20 business development centers. 21 7. For commercialization services, $4,389,000. 22 8. For targeted small business, $847,400. 23 Sec. 28. Section 15.247, subsection 3, Code Supplement 24 2009, is amended to read as follows: 25 3. a. All moneys designated for the targeted small business 26 financial assistance program shall be credited to the program 27 account. The department shall determine the actuarially 28 sound reserve requirement for the amount of guaranteed loans 29 outstanding. 30 b. Of the moneys credited to the program account, the 31 department may allocate an amount necessary for marketing and 32 compliance and an amount for the provision of the mentoring 33 services required under subsection 7. 34 Sec. 29. Section 15G.110, Code Supplement 2009, is amended 35 -42- LSB 6280SV (3) 83 rh/tm 42/ 93
S.F. 2389 to read as follows: 1 15G.110 Appropriation. 2 1. For the fiscal period beginning July 1, 2005, and ending 3 June 30, 2008, and for the fiscal period beginning July 1, 4 2010 2011 , and ending June 30, 2015, there is appropriated to 5 the department of economic development each fiscal year fifty 6 million dollars from the general fund of the state for deposit 7 in the grow Iowa values fund. 8 2. For the fiscal period beginning July 1, 2008, and ending 9 June 30, 2010 2011 , there is appropriated to the department of 10 economic development each fiscal year fifty million dollars 11 from the rebuild Iowa infrastructure fund for deposit in the 12 grow Iowa values fund, notwithstanding section 8.57, subsection 13 6, paragraph “c” . 14 Sec. 30. Section 15G.111, subsection 2, paragraph b, Code 15 Supplement 2009, is amended to read as follows: 16 b. Moneys credited to the fund are not subject to section 17 8.33. Notwithstanding section 12C.7, interest or earnings on 18 moneys in the fund shall be credited to the fund. Interest 19 or earnings on moneys in the fund are appropriated to the 20 department. Of the moneys appropriated to the department 21 pursuant to this paragraph, the department shall make the 22 following allocations: 23 (1) For each fiscal year of the fiscal period beginning 24 July 1, 2010, and ending June 30, 2013, the department shall 25 allocate not more than one hundred seventy-five thousand 26 dollars for purposes of providing financial assistance to 27 Iowa’s councils of governments. 28 (2) For each fiscal year of the fiscal period beginning 29 July 1, 2010, and ending June 30, 2013, the department shall 30 allocate not more than two hundred thousand dollars for 31 purposes of providing support and administrative assistance to 32 the vision Iowa board, the community attraction and tourism 33 program, and river enhancement community attraction and tourism 34 projects. 35 -43- LSB 6280SV (3) 83 rh/tm 43/ 93
S.F. 2389 (3) For each fiscal year of the fiscal period beginning 1 July 1, 2010, and ending June 30, 2013, the department shall 2 allocate the remaining amount of interest or earnings on moneys 3 in the fund for purposes of providing financial assistance 4 under the disaster recovery component of the grow Iowa values 5 financial assistance program. All moneys allocated pursuant to 6 this subparagraph that remain unexpended or unobligated at the 7 end of the fiscal year beginning July 1, 2012, shall revert and 8 be credited to the fund. 9 Sec. 31. Section 15G.111, subsection 4, unnumbered 10 paragraph 1, Code Supplement 2009, is amended to read as 11 follows: 12 Of the moneys appropriated to the department pursuant 13 to subsection 3, the department shall allocate 14 thirty-two twenty-eight million five hundred thousand dollars 15 each fiscal year as follows: 16 Sec. 32. Section 15G.111, subsection 10, Code Supplement 17 2009, is amended to read as follows: 18 10. Commercialization Innovation and commercialization 19 services. Of the moneys appropriated to the department 20 pursuant to subsection 3, the department shall allocate 21 three five million five hundred thousand dollars for deposit in 22 the innovation and commercialization development fund created 23 in section 15.412. 24 Sec. 33. Section 15G.111, Code Supplement 2009, is amended 25 by adding the following new subsection: 26 NEW SUBSECTION . 11. Targeted small businesses. Of the 27 moneys appropriated to the department pursuant to subsection 3, 28 the department shall allocate one million dollars for deposit 29 in the targeted small business financial assistance program 30 account established pursuant to section 15.247 within the 31 strategic investment fund created in section 15.313. 32 DIVISION IX 33 SMALL BUSINESS LINKED INVESTMENTS 34 Sec. 34. Section 12.43, subsection 5, unnumbered paragraph 35 -44- LSB 6280SV (3) 83 rh/tm 44/ 93
S.F. 2389 1, Code 2009, is amended to read as follows: 1 In order to qualify under this program, all owners of the 2 business or borrowers must not have a combined net worth 3 exceeding seven nine hundred fifty seventy-five thousand 4 dollars as defined in rules adopted by the treasurer of state 5 pursuant to chapter 17A and the small business must meet all of 6 the following criteria: 7 DIVISION X 8 SITE DEVELOPMENT 9 Sec. 35. Section 15E.18, Code 2009, is amended by striking 10 the section and inserting in lieu thereof the following: 11 15E.18 Site development consultations —— certificates of 12 readiness. 13 1. a. The department shall consult with local governments 14 and local economic development officials in regard to site 15 development techniques. For purposes of this section, “site 16 development techniques” include environmental evaluations, 17 property and wetland delineation, and historical evaluations. 18 b. The department may charge a fee for providing site 19 development consultations. The fee shall not exceed 20 the reasonable cost to the department of providing the 21 consultations. The amount of any fees collected by the 22 department shall be deposited in the general fund of the state. 23 2. a. A local government or local economic development 24 official involved with the development of a site may apply to 25 the department for a certificate of readiness verifying that 26 the site is ready for development. 27 b. The department shall develop criteria for evaluating 28 various types of sites in order to determine whether a 29 particular site is ready for development based on the site’s 30 individual circumstances and the economic development goals of 31 the applicant. 32 c. The department shall review applications for certificates 33 of readiness and may issue a certificate of readiness to any 34 site that meets the criteria developed under paragraph “b” . 35 -45- LSB 6280SV (3) 83 rh/tm 45/ 93
S.F. 2389 3. The department shall adopt rules pursuant to chapter 17A 1 for the implementation of this section. 2 Sec. 36. SITE DEVELOPMENT CONSULTATIONS APPROPRIATION. 3 There is appropriated from the school infrastructure fund 4 created in section 12.82 to the department of economic 5 development for the fiscal year beginning July 1, 2010, and 6 ending June 30, 2011, the following amount, or so much thereof 7 as is necessary, to be used for the purposes designated: 8 For providing site development consultations pursuant to 9 section 15E.18, including salaries, support, maintenance, 10 miscellaneous purposes, and for not more than the following 11 full-time equivalent positions: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 175,000 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1.00 14 Of the moneys appropriated to the department pursuant to 15 this section, the department may allocate up to $75,000 for 16 purposes of contracting with third parties to provide site 17 development consultations. 18 DIVISION XI 19 INTERNET SITE FOR BUSINESS 20 ASSISTANCE 21 Sec. 37. BUSINESS ASSISTANCE INTERNET SITE. 22 1. The department of economic development, in consultation 23 with other state agencies that provide financial and technical 24 assistance to small businesses and with the state board of 25 regents, shall create a business assistance internet site 26 designed to assist small businesses in finding information 27 related to the various kinds of technical and financial 28 assistance available from the state of Iowa. The department 29 may incorporate the internet site into its existing internet 30 site as appropriate. 31 2. The internet site shall include links to the various 32 internet sites maintained by other state agencies or the 33 state board of regents that pertain to assistance for small 34 businesses. The other state agencies and the board of regents 35 -46- LSB 6280SV (3) 83 rh/tm 46/ 93
S.F. 2389 shall assist the department of economic development in an 1 effort to keep the information on the internet site up-to-date. 2 The department of administrative services shall work with the 3 department of economic development to ensure that the internet 4 site is readily accessible to the public. 5 Sec. 38. BUSINESS ASSISTANCE INTERNET SITE APPROPRIATION. 6 There is appropriated from the school infrastructure fund 7 created in section 12.82 to the department of economic 8 development for the fiscal year beginning July 1, 2010, and 9 ending June 30, 2011, the following amount, or so much thereof 10 as is necessary, to be used for the purposes designated: 11 For purposes of creating a business assistance internet 12 site: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,000 14 DIVISION XII 15 REGULATORY ASSISTANCE INTERIM 16 STUDY COMMITTEE 17 Sec. 39. REGULATORY ASSISTANCE INTERIM STUDY COMMITTEE. 18 1. The legislative council is requested to establish an 19 interim study committee to examine and make recommendations 20 regarding methods of assisting small business that do not 21 require direct financial incentives and regarding potential 22 changes of law that would improve business licensing, 23 regulatory compliance, and tax collection procedures. 24 2. The study committee shall be composed of five members of 25 the house of representatives, five members of the senate, and 26 five members of the general public who are also small business 27 owners. Of the members of the senate, three members shall be 28 appointed by the majority leader of the senate and two shall 29 be appointed by the minority leader of the senate. Of the 30 members of the house of representatives, three members shall 31 be appointed by the speaker of the house of representatives, 32 and two shall be appointed by the minority leader of the house 33 of representatives. 34 3. a. The study committee shall work with the department 35 -47- LSB 6280SV (3) 83 rh/tm 47/ 93
S.F. 2389 of economic development, the department of inspections and 1 appeals, the insurance division of the department of commerce, 2 the department of natural resources, the professional licensing 3 and regulation bureau of the banking division of the department 4 of commerce, the department of public health, the department 5 of public safety, the department of revenue, the secretary of 6 state, and the department of workforce development to study 7 ways to improve the state’s business licensing procedures. 8 b. In preparation for assisting with the interim study 9 committee, a state agency listed in this subsection shall 10 conduct an internal review to identify and prioritize 11 its procedures as they pertain to businesses and business 12 licensing. 13 c. A state agency listed in this subsection shall provide 14 all necessary assistance to the interim study committee in 15 making recommendations to the general assembly. 16 4. The interim study committee shall submit its 17 recommendations to the general assembly on or before January 18 14, 2011. 19 DIVISION XIII 20 SAVE OUR SMALL BUSINESSES FUND 21 AND PROGRAM 22 Sec. 40. NEW SECTION . 15.300 Findings and intent. 23 1. The general assembly finds all of the following: 24 a. That entrepreneurs and small businesses often have 25 difficulty obtaining conventional loan financing, limiting 26 their ability to expand, retain, and create additional jobs. 27 b. That a source of capital provided by the state could 28 greatly assist entrepreneurs and small businesses in their 29 efforts to upgrade or modernize equipment, realize additional 30 efficiencies in their supply chains, improve their distribution 31 and transportation margins, reduce facility costs through 32 increased energy efficiency, and leverage other sources of 33 business financing. 34 2. The purpose of the save our small businesses fund created 35 -48- LSB 6280SV (3) 83 rh/tm 48/ 93
S.F. 2389 in section 15.301 is to promote the creation and retention of 1 jobs in the state’s economy and to assist businesses to be more 2 competitive by addressing the needs identified in subsection 1. 3 Sec. 41. NEW SECTION . 15.301 Save our small businesses fund 4 and program. 5 1. a. A save our small businesses fund is created in 6 the state treasury under the control of the department and 7 consisting of any moneys appropriated to the fund by the 8 general assembly and any other moneys available and obtained or 9 accepted by the department for placement in the fund. 10 b. Payments of interest, repayments of moneys loaned 11 pursuant to this section, and recaptures of loans shall be 12 deposited in the fund. The fund shall be used to provide 13 financial assistance in the form of low-interest loans as 14 provided under the program created in this section. 15 c. (1) If, on March 31, 2011, there are unobligated moneys 16 in the fund, such unobligated moneys shall revert to the 17 general fund of the state. 18 (2) For each quarter, beginning with the first quarter after 19 the reversion of moneys pursuant to subparagraph (1) and ending 20 with the last quarter prior to the reversion of moneys pursuant 21 to subparagraph (3), the department shall, on the last day 22 of the quarter transfer to the general fund of the state the 23 balance of unencumbered moneys in the fund. 24 (3) On March 31, 2016, all moneys in the fund shall revert 25 to the general fund of the state. 26 2. a. The department shall establish and administer a 27 program for purposes of providing financial assistance to 28 eligible small businesses. For purposes of this section, 29 “financial assistance” means loans at an interest rate not to 30 exceed three and nine-tenths percent per annum and “eligible 31 small business” means a small business meeting the requirements 32 of subsection 3. 33 b. (1) The department may designate an organization to 34 administer the provisions of this section on the department’s 35 -49- LSB 6280SV (3) 83 rh/tm 49/ 93
S.F. 2389 behalf. 1 (2) In order to be designated, an organization must be 2 a nonprofit organization exempt from taxation under section 3 501(c)(3) of the Internal Revenue Code and must be designated 4 by the United States small business administration as a 5 statewide microloan program provider. 6 (3) If the department elects to designate an organization 7 pursuant to subparagraph (1), the department shall enter into 8 an agreement with the organization for purposes of ensuring 9 that the program is administered pursuant to the requirements 10 of this section. 11 (4) An organization designated pursuant to subparagraph (1) 12 may accept, evaluate, and approve applications for financial 13 assistance from eligible small businesses pursuant to the 14 requirements of this section and may monitor the compliance of 15 eligible businesses with the terms of an agreement entered into 16 with the department. 17 (5) All disbursements of moneys to recipients of financial 18 assistance approved by an organization designated pursuant to 19 subparagraph (1) shall be made by the department. 20 (6) All repayments of principal and interest on financial 21 assistance provided under the program shall be remitted to the 22 department and deposited in the fund. 23 (7) The department, with the assistance of an organization 24 designated pursuant to subparagraph (1), may seek the recapture 25 of financial assistance provided pursuant to this section as 26 provided in subsection 4. 27 c. Financial assistance under the program shall be provided 28 from the fund created in subsection 1. 29 d. Financial assistance to a small business shall be at 30 least two thousand five hundred dollars, but shall not exceed 31 fifty thousand dollars. 32 e. The department, under the terms of an agreement with the 33 organization designated pursuant to paragraph “b” , shall begin 34 to provide financial assistance from the fund not later than 35 -50- LSB 6280SV (3) 83 rh/tm 50/ 93
S.F. 2389 August 1, 2010, and shall to the extent practicable obligate 1 all available moneys in the fund prior to March 31, 2011. 2 f. A loan made to a small business under the program may 3 be for any period of time, but the terms of such loan shall 4 provide for the repayment of principal and interest prior to 5 the date the moneys in the fund revert pursuant to subsection 6 1, paragraph “c” , subparagraph (3). 7 3. A business is eligible to apply for financial assistance 8 under the program if the business meets all of the following 9 criteria at the time of application: 10 a. The business has thirty-five or fewer full-time 11 equivalent employees. 12 b. The business is located in Iowa. 13 c. The business is owned, operated, and actively managed by 14 a resident of Iowa. 15 d. The business has a business plan and has received 16 assistance in the development stage or the expansion stage 17 from a small business development center or from a qualified 18 public or nonprofit small business consultant as defined by the 19 department. 20 e. If a business has been a going concern for two years or 21 more, the business has not been found to be in violation of any 22 environmental or worker safety laws, rules, or regulations. 23 f. The business only employs individuals legally authorized 24 to work in this state. 25 g. The business does not engage in the production, 26 depiction, or distribution of obscene material. For purposes 27 of this paragraph, “obscene material” means the same as defined 28 in section 728.1. 29 h. The business is not in bankruptcy and is not imminently 30 contemplating filing for bankruptcy. 31 4. Upon approval of the application for financial 32 assistance by the department or an organization designated 33 pursuant to subsection 2, paragraph “b” , the eligible business 34 shall enter into an agreement with the department which shall 35 -51- LSB 6280SV (3) 83 rh/tm 51/ 93
S.F. 2389 include but not be limited to all of the following provisions: 1 a. If an eligible business, after receiving financial 2 assistance, does not continue to meet one or more of the 3 criteria for eligibility under subsection 3, except for 4 subsection 3, paragraph “a” , all or a portion of the financial 5 assistance received is subject to disallowance, recapture, or 6 immediate repayment. 7 b. If, after receiving financial assistance, an eligible 8 business ceases operations within the state or removes a 9 significant portion of its operations to a location outside 10 of the state, all or a portion of the financial assistance 11 received is subject to disallowance, recapture, or immediate 12 repayment. 13 5. a. An eligible business shall not receive more than one 14 award of financial assistance under this section. 15 b. An eligible business that receives financial assistance 16 under this section may subsequently apply for financial 17 assistance under other programs administered by the department. 18 c. An eligible business that receives financial assistance 19 under this section shall not use such financial assistance for 20 purposes of meeting payroll obligations to employees. 21 6. a. The small business development centers shall track 22 the number of referrals for assistance made to the department 23 for assistance under this section and shall include that number 24 in the small business development center’s annual report to the 25 general assembly. 26 b. The department in conjunction with an organization 27 designated pursuant to subsection 2, paragraph “b” , shall 28 by January 15 of each year submit a report on the program 29 administered pursuant to this section to the general assembly. 30 The report shall include information on the number of 31 businesses that receive loans under the program and any other 32 information the department deems relevant to assessing the 33 success of the program. 34 7. The department shall adopt rules pursuant to chapter 17A 35 -52- LSB 6280SV (3) 83 rh/tm 52/ 93
S.F. 2389 as necessary to administer the program. The department may 1 adopt emergency rules under section 17A.4, subsection 3, and 2 section 17A.5, subsection 2, paragraph “b” , as necessary for the 3 administration of this section. 4 Sec. 42. SAVE OUR SMALL BUSINESSES FUND APPROPRIATION. 5 There is appropriated from the school infrastructure fund 6 created in section 12.82 to the department of economic 7 development for deposit in the save our small businesses fund 8 for the fiscal year beginning July 1, 2010, and ending June 30, 9 2011, the following amount, or so much thereof as is necessary, 10 to be used for the purposes designated: 11 For purposes of providing financial assistance under the 12 save our small businesses program under section 15.301: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 14 Of the moneys appropriated pursuant to this section, the 15 department may allocate an amount not to exceed two percent of 16 the moneys appropriated for purposes of retaining the services 17 of an organization designated pursuant to section 15.301, 18 subsection 2, paragraph “b”. 19 Sec. 43. EFFECTIVE UPON ENACTMENT. This division of this 20 Act, being deemed of immediate importance, takes effect upon 21 enactment. 22 DIVISION XIV 23 ALTERNATIVE PUBLIC PROJECT DELIVERY STUDY 24 Sec. 44. INTERIM STUDY COMMITTEE —— ALTERNATIVE PROJECT 25 DELIVERY —— REGENTS INSTITUTIONS. 26 1. The legislative council is requested to establish an 27 interim study committee to study the use of alternative project 28 delivery for public projects at institutions under the control 29 of the state board of regents. The study shall include but is 30 not limited to a review and analysis of the use of alternative 31 project delivery at land grant institutions and research 32 universities in other states. There shall be three members 33 from the house of representatives and three members from the 34 senate. In addition to the legislative members, the membership 35 -53- LSB 6280SV (3) 83 rh/tm 53/ 93
S.F. 2389 of the study committee shall include the following public 1 members: 2 a. Two members 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 h. One member appointed by the Iowa state building and 15 construction trades council. 16 i. One member appointed by the sheet metal contractors of 17 Iowa. 18 2. The committee shall meet twice during the 2010 19 legislative interim and shall submit findings and any 20 recommendations in a report to the general assembly by January 21 15, 2011. 22 DIVISION XV 23 FLOODPLAIN MAPPING 24 Sec. 45. FLOODPLAIN MAPPING. Using funds allocated to the 25 department of natural resources for floodplain mapping from the 26 appropriation made to the department of economic development in 27 2009 Iowa Acts, chapter 183, section 67, of federal community 28 development block grant funds awarded to the state under 29 the federal Consolidated Security, Disaster Assistance, and 30 Continuing Appropriations Act, 2009, Pub. L. No. 110-329, the 31 department of natural resources shall enter an agreement in an 32 amount of not less than $10,000,000 with the state university 33 of Iowa for the development of new floodplain maps by June 30, 34 2014, by the Iowa flood center established pursuant to section 35 -54- LSB 6280SV (3) 83 rh/tm 54/ 93
S.F. 2389 466C.1. The department of natural resources shall structure 1 the contract to be consistent with any plan for use of the 2 funds approved by any federal agency, or, if necessary, follow 3 any procedures necessary for approval of this contract. 4 Sec. 46. EFFECTIVE UPON ENACTMENT. This division of this 5 Act, being deemed of immediate importance, takes effect upon 6 enactment. 7 DIVISION XVI 8 DEPARTMENT OF ADMINISTRATIVE SERVICES —— OFFICE 9 SPACE —— STATE FLEET 10 Sec. 47. DEPARTMENT OF ADMINISTRATIVE SERVICES —— OFFICE 11 SPACE REQUEST FOR PROPOSALS. 12 1. The department of administrative services shall issue a 13 request for proposals concerning the availability and cost of 14 office space for state employees in downtown Des Moines and in 15 other areas in close proximity to the state capitol complex. 16 The department shall consider the advantages of locating state 17 employees and their functions near the state capitol complex. 18 2. In issuing the request for proposals, the department 19 shall examine current leases for office space within the 20 greater Des Moines area, determine the current length and 21 duration of those leases, and consider the number of state 22 employees impacted by those leases. 23 3. The request for proposals shall ensure that any office 24 space selected shall meet all of the following criteria: 25 a. The building which includes the office space has skywalk 26 access. 27 b. The building which includes the office space is located 28 within reasonable proximity to the free shuttle service route 29 that includes transportation between the capitol complex and 30 the downtown Des Moines area. 31 c. The entity leasing office space provides adequate 32 parking to employees utilizing the office space which is within 33 reasonable proximity to the office space. 34 d. The office space is energy efficient. 35 -55- LSB 6280SV (3) 83 rh/tm 55/ 93
S.F. 2389 e. The office space provides adequate space and resources 1 needed for the employees intending to occupy the office space. 2 4. The department of administrative services shall issue 3 the request for proposals by December 1, 2010, and shall submit 4 a written report to the general assembly concerning the request 5 for proposals by January 14, 2011. 6 Sec. 48. DEPARTMENT OF ADMINISTRATIVE SERVICES —— OFFICE 7 SPACE —— COST-BENEFIT ANALYSIS. 8 1. a. The department of administrative services shall 9 conduct a cost-benefit analysis of utilizing existing office 10 space for state employees in downtown Des Moines and other 11 areas in close proximity to the state capitol complex in 12 lieu of replacing or renovating the Wallace Building or 13 relocating any state agencies to any space in the mercy capitol 14 hospital building. The cost-benefit analysis shall include 15 consideration of any cost to the applicable local jurisdiction 16 arising from the state’s utilization of existing office space. 17 b. The department of administrative services shall submit 18 a written report to the general assembly on the cost-benefit 19 analysis by January 14, 2011. 20 2. Prior to submitting the cost-benefit analysis report 21 required by this section, the department of administrative 22 services shall not relocate any state agencies to space in 23 the Mercy capitol hospital building other than any of the 24 following: 25 a. A centralized department of corrections pharmacy. 26 b. Offices of a state agency currently located in a 27 state-owned office building. 28 c. Any state employee located in a nonleased facility or 29 space. 30 d. A nonstate agency. 31 Sec. 49. DEPARTMENT OF ADMINISTRATIVE SERVICES 32 —— STATE FLEET RELOCATION. The department of administrative 33 services shall evaluate and consider relocating the state 34 fleet. The department shall be authorized to relocate the 35 -56- LSB 6280SV (3) 83 rh/tm 56/ 93
S.F. 2389 state fleet pursuant to such evaluation. 1 DIVISION XVII 2 CHANGES TO PRIOR APPROPRIATIONS 3 Sec. 50. 2004 Iowa Acts, chapter 1175, section 288, 4 subsection 7, paragraph d, is amended by adding the following 5 new unnumbered paragraph: 6 NEW UNNUMBERED PARAGRAPH . Notwithstanding section 8.33, 7 2004 Iowa Acts, chapter 1175, section 290, or any other 8 provision of law, moneys allocated in this lettered paragraph 9 that remain unencumbered or unobligated at the close of a 10 fiscal year shall not revert but shall remain available for 11 expenditure for the purposes designated until the close of the 12 fiscal year that begins July 1, 2012. However, if the projects 13 for which the moneys are appropriated are completed in an 14 earlier fiscal year, unencumbered or unobligated moneys shall 15 revert at the close of that fiscal year. 16 Sec. 51. 2006 Iowa Acts, chapter 1179, section 4, subsection 17 1, is amended to read as follows: 18 1. a. Notwithstanding Except as provided in paragraph 19 “b” , notwithstanding section 8.33, moneys appropriated for the 20 fiscal year beginning July 1, 2006, in this division of this 21 Act that remain unencumbered or unobligated at the close of 22 the fiscal year shall not revert but shall remain available 23 for the purposes designated until the close of the fiscal year 24 that begins July 1, 2009, or until the project for which the 25 appropriation was made is completed, whichever is earlier. 26 b. Notwithstanding section 8.33, moneys appropriated for the 27 fiscal year beginning July 1, 2006, in section 1, subsection 1, 28 and section 1, subsection 11, paragraph “b” of this division of 29 this Act that remain unencumbered or unobligated at the close 30 of the fiscal year shall not revert but shall remain available 31 for the purposes designated until the close of the fiscal year 32 that begins July 1, 2010, or until the project for which the 33 appropriation was made is completed, whichever is earlier. 34 Sec. 52. 2006 Iowa Acts, chapter 1179, section 18, is 35 -57- LSB 6280SV (3) 83 rh/tm 57/ 93
S.F. 2389 amended to read as follows: 1 SEC. 18. REVERSION. 2 1. Except as provided in subsections 2 , and 3, and 3 4, notwithstanding section 8.33, moneys appropriated from the 4 endowment for Iowa’s health restricted capitals fund for the 5 fiscal years that begin July 1, 2005, and July 1, 2006, in this 6 division of this Act that remain unencumbered or unobligated at 7 the close of the fiscal year shall not revert but shall remain 8 available for the purposes designated until the close of the 9 fiscal year that begins July 1, 2009, or until the project for 10 which the appropriation was made is completed, whichever is 11 earlier. 12 2. 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 veterans affairs for capital improvement projects at the Iowa 17 veterans home that remain unencumbered or unobligated at the 18 close of the fiscal year shall not revert but shall remain 19 available for expenditure for the purposes designated until the 20 close of the fiscal year that begins July 1, 2010. 21 3. Notwithstanding section 8.33, moneys appropriated from 22 the endowment for Iowa’s health restricted capitals fund 23 for the fiscal year beginning July 1, 2006, and ending June 24 30, 2007, in this division of this Act to the department of 25 education for major renovation and major repair needs at the 26 community colleges that remain unencumbered or unobligated at 27 the close of the fiscal year shall not revert but shall remain 28 available for expenditure for the purposes designated until 29 the close of the fiscal year beginning July 1, 2010, or until 30 the project for which appropriated is completed, whichever is 31 earlier. 32 4. Notwithstanding section 8.33, moneys appropriated from 33 the endowment for Iowa’s health restricted capitals fund 34 for the fiscal year that begins July 1, 2006, and ends June 35 -58- LSB 6280SV (3) 83 rh/tm 58/ 93
S.F. 2389 30, 2007, in this division of this Act to the department of 1 administrative services for upgrades to the Woodward state 2 resource center wastewater treatment system that remain 3 unencumbered or unobligated at the close of the fiscal year 4 shall not revert but shall remain available for expenditure 5 for the purposes designated until the close of the fiscal year 6 that begins July 1, 2011, or until the project for which the 7 appropriation is made is completed, whichever is earlier. 8 Sec. 53. 2007 Iowa Acts, chapter 219, section 7, subsection 9 1, as amended by 2009 Iowa Acts, chapter 170, section 20, and 10 2009 Iowa Acts, chapter 184, section 17, is amended to read as 11 follows: 12 1. For costs associated with the construction and 13 establishment of the Iowa institute for biomedical discovery at 14 the state university of Iowa: 15 FY 2008-2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 0 16 FY 2009-2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 0 17 FY 2010-2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,000,000 18 0 19 Sec. 54. 2007 Iowa Acts, chapter 219, section 15, is amended 20 to read as follows: 21 SEC. 15. REVERSION. 22 1. Notwithstanding Except as provided in subsection 2, 23 notwithstanding section 8.33, moneys appropriated for the 24 fiscal year beginning July 1, 2007, in this division of this 25 Act that remain unencumbered or unobligated at the close of 26 the fiscal year shall not revert but shall remain available 27 for the purposes designated until the close of the fiscal year 28 beginning July 1, 2009, or until the project for which the 29 appropriation was made is completed, whichever is earlier. 30 2. Notwithstanding section 8.33, moneys appropriated 31 for the fiscal year beginning July 1, 2007, in section 14, 32 subsections 4 and 7 of this division of this Act that remain 33 unencumbered or unobligated at the close of the fiscal year 34 shall not revert but shall remain available for the purposes 35 -59- LSB 6280SV (3) 83 rh/tm 59/ 93
S.F. 2389 designated until the close of the fiscal year beginning July 1, 1 2011, or until the project for which the appropriation was made 2 is completed, whichever is earlier. 3 Sec. 55. 2008 Iowa Acts, chapter 1179, section 1, subsection 4 1, paragraph l, as enacted by 2009 Iowa Acts, chapter 184, 5 section 21, is amended to read as follows: 6 l. For heating, ventilating, and air conditioning 7 improvements building security and firewall protection in the 8 Hoover state office building: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 165,000 10 Sec. 56. 2008 Iowa Acts, chapter 1179, section 1, subsection 11 4, paragraph b, as amended by 2009 Iowa Acts, chapter 81, 12 section 1, is amended to read as follows: 13 b. For historical site preservation grants to be used for 14 the restoration, preservation, and development of historic 15 sites: 16 .................................................. $ 1,000,000 17 In making grants pursuant to this lettered paragraph, the 18 department shall consider the existence and amount of other 19 funds available to an applicant for the designated project. 20 A grant awarded from moneys appropriated in this lettered 21 paragraph shall not exceed $100,000 per project. Not more than 22 $200,000 may be awarded in the same county in the same round of 23 grant reviews. 24 Of the amount appropriated in this lettered paragraph, 25 $20,000 shall be used for the administration and support of 26 historic sites including the hiring and employment of seasonal 27 workers, notwithstanding section 8.57, subsection 6, paragraph 28 “c”. 29 Sec. 57. 2008 Iowa Acts, chapter 1179, section 7, as amended 30 by 2009 Iowa Acts, chapter 173, section 21, is amended to read 31 as follows: 32 SEC. 7. DEPARTMENT OF ECONOMIC DEVELOPMENT. There is 33 appropriated from the rebuild Iowa infrastructure fund to 34 the department of economic development for the designated 35 -60- LSB 6280SV (3) 83 rh/tm 60/ 93
S.F. 2389 fiscal years the following amounts, or so much thereof as is 1 necessary, to be used for the purposes designated: 2 For deposit into the river enhancement community attraction 3 and tourism fund created in 2008 Iowa Acts, Senate File 2430, 4 if enacted: 5 FY 2009-2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 0 6 FY 2010-2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,000,000 7 0 8 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,000,000 9 FY 2012-2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,000,000 10 Notwithstanding section 8.33, moneys appropriated in this 11 section for the fiscal year beginning July 1, 2010, and ending 12 June 30, 2011, shall not revert at the close of the fiscal year 13 for which they are appropriated but shall remain available 14 for the purpose designated until the close of the fiscal year 15 that begins July 1, 2013, or until the project for which the 16 appropriation was made is completed, whichever is earlier. 17 Notwithstanding section 8.33, moneys appropriated in this 18 section for the fiscal year beginning July 1, 2011, and ending 19 June 30, 2012, shall not revert at the close of the fiscal year 20 for which they are appropriated but shall remain available 21 for the purpose designated until the close of the fiscal year 22 that begins July 1, 2014, or until the project for which the 23 appropriation was made is completed, whichever is earlier. 24 Notwithstanding section 8.33, moneys appropriated in this 25 section for the fiscal year beginning July 1, 2012, and ending 26 June 30, 2013, shall not revert at the close of the fiscal year 27 for which they are appropriated but shall remain available 28 for the purpose designated until the close of the fiscal year 29 that begins July 1, 2015, or until the project for which the 30 appropriation was made is completed, whichever is earlier. 31 Sec. 58. 2008 Iowa Acts, chapter 1179, section 15, 32 subsection 4, paragraph b, as amended by 2009 Iowa Acts, 33 chapter 184, section 25, is amended to read as follows: 34 b. To the public broadcasting division for the purchase and 35 -61- LSB 6280SV (3) 83 rh/tm 61/ 93
S.F. 2389 installation of generators at transmitter sites: 1 .................................................. $ 1,602,437 2 Of the amount appropriated in this lettered paragraph, up to 3 $210,477 may be used for operational costs of the division for 4 FY 2008-2009 , and up to $1,000,000 may be used for operational 5 costs of the division for FY 2009-2010, and up to $378,637 6 may be used for operational costs of the division for FY 7 2010-2011, notwithstanding section 8.57C, subsection 2. 8 Sec. 59. 2008 Iowa Acts, chapter 1179, section 15, 9 subsection 4, paragraph c, is amended to read as follows: 10 c. To the public broadcasting division for the replacement 11 and digital conversion of the Keosauqua translator: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 701,500 13 Of the amount appropriated in this lettered paragraph, up to 14 $25,378 may be used for operational costs of the division for 15 FY 2010-2011, notwithstanding section 8.57C, subsection 2. 16 Sec. 60. 2008 Iowa Acts, chapter 1179, section 18, 17 subsection 3, as amended by 2009 Iowa Acts, chapter 173, 18 section 24, is amended to read as follows: 19 3. DEPARTMENT OF CORRECTIONS 20 a. For expansion of the community-based corrections 21 facility at Sioux City: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,300,000 23 b. For expansion of the community-based corrections 24 facility at Ottumwa: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,100,000 26 c. For expansion of the community-based corrections 27 facility at Waterloo: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,000,000 29 d. For expansion of the community-based corrections 30 facility at Davenport: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,100,000 32 e. For expansion, including land acquisition, of the 33 community-based corrections facility at Des Moines: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,100,000 35 -62- LSB 6280SV (3) 83 rh/tm 62/ 93
S.F. 2389 0 1 The appropriation in this lettered paragraph is contingent 2 upon relocation of the sex offender treatment program from 3 the community-based corrections facility at Des Moines to 4 the property in northeast Des Moines identified by the fifth 5 judicial district in the facility and site study final report 6 submitted December 12, 2008. 7 It is the intent of the general assembly that the funds 8 appropriated in paragraphs “a” through “e” be used to expand 9 the number of beds available through new construction and 10 remodeling and for the expansion of existing facilities. 11 f. For expansion of the Iowa correctional facility for women 12 at Mitchellville including costs related to project management 13 including the hiring and employment of a construction manager 14 and a correctional specialist : 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 47,500,000 16 g. For the remodeling of kitchens at the correctional 17 facilities at Mount Pleasant and Rockwell City: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,500,000 19 Sec. 61. 2008 Iowa Acts, chapter 1179, section 22, is 20 amended to read as follows: 21 SEC. 22. There is appropriated from the FY 2009 prison 22 bonding fund created pursuant to section 12.79, as enacted in 23 this Act, to the department of corrections for the fiscal year 24 beginning July 1, 2008, and ending June 30, 2009, the following 25 amount, or so much thereof as is necessary, to be used for the 26 purpose designated: 27 For costs associated with the building of a new Iowa State 28 Penitentiary at Fort Madison including costs related to 29 project management including the hiring and employment of a 30 construction manager and a correctional specialist : 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $130,677,500 32 The appropriation made in this section constitutes approval 33 by the general assembly for the issuance of bonds by the 34 treasurer pursuant to section 12.80, as enacted in this Act. 35 -63- LSB 6280SV (3) 83 rh/tm 63/ 93
S.F. 2389 Sec. 62. 2009 Iowa Acts, chapter 173, section 13, subsection 1 1, is amended by adding the following new paragraph: 2 NEW PARAGRAPH . e. Of the moneys appropriated in 3 this subsection, the department may award moneys for the 4 establishment of drainage district pilot projects. Each 5 drainage district pilot project shall be presented to the state 6 soil conservation committee and the watershed improvement 7 review board to ensure the project design, project goals, 8 baseline data collection, project data collection standards, 9 and data evaluation standards are appropriate for, and advance, 10 the soil and water conservation goals of the state. Annual 11 progress reports on each pilot project shall be presented 12 to the state soil conservation committee and the watershed 13 improvement review board to ensure the projects continue to 14 advance the soil and water conservation goals of the state. 15 All construction plans, monitoring plans, project data, and 16 project data analysis shall be available for public review and 17 study. Experts from the United States geological survey, the 18 national laboratory for agriculture and the environment at 19 Iowa state university, and other appropriate state and federal 20 agencies may be consulted on any aspect of the program. 21 Sec. 63. 2009 Iowa Acts, chapter 173, section 13, subsection 22 2, is amended to read as follows: 23 2. DEPARTMENT OF NATURAL RESOURCES 24 For watershed rebuilding and water quality projects: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,500,000 26 Of the moneys appropriated in this subsection, the 27 department may provide moneys to construct, reconstruct, or 28 repair infrastructure associated with the control and movement 29 of surface water, including but not limited to addressing 30 issues affected by combined sewer overflows, enrolling larger 31 contiguous areas in emergency watershed programs, improving 32 facilities or systems that provide water quality, mitigating 33 flood damage or the threat of flood damage in the areas most 34 severely affected by the 2008 flood, and improving or replacing 35 -64- LSB 6280SV (3) 83 rh/tm 64/ 93
S.F. 2389 low-head dams. Any award of moneys made under this subsection 1 shall be in the form of a grant. Any grant awards for practices 2 on private property shall be for the public purposes of flood 3 control, watershed management, or improving water quality. 4 Sec. 64. 2009 Iowa Acts, chapter 173, section 13, subsection 5 4, paragraphs b, c, and d, are amended to read as follows: 6 b. For deposit into the public service shelter grant fund 7 created in section 16.185 for grants for the construction, 8 renovation, and improvements to homeless shelters, emergency 9 shelters, and family and domestic violence shelters: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,000,000 11 c. For deposit into the disaster damage housing assistance 12 grant fund created in section 16.186 for grants to ease and 13 speed recovery efforts from the natural disasters of 2008, 14 including stabilizing neighborhoods damaged by the natural 15 disasters, preventing population loss and neighborhood 16 deterioration, and improving the health, safety, and welfare of 17 persons living in such disaster-damaged neighborhoods: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 19 d. For deposit into the affordable housing assistance grant 20 fund created in section 16.187 for grants for housing for 21 certain elderly, disabled, and low-income persons and public 22 servants in critical skills shortage areas of the state: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,000,000 24 Sec. 65. 2009 Iowa Acts, chapter 173, section 13, subsection 25 5, unnumbered paragraph 1, as amended by 2009 Iowa Acts, 26 chapter 183, section 71, is amended to read as follows: 27 For broadband technology grants for the deployment and 28 sustainability of high-speed broadband access: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,000,000 30 0 31 Sec. 66. 2009 Iowa Acts, chapter 173, section 13, subsection 32 6, is amended to read as follows: 33 6. DEPARTMENT OF TRANSPORTATION 34 For deposit into the bridge safety fund created in section 35 -65- LSB 6280SV (3) 83 rh/tm 65/ 93
S.F. 2389 313.68 to be used for infrastructure projects relating to 1 functionally obsolete and structurally deficient bridges: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000,000 3 40,000,000 4 Sec. 67. 2009 Iowa Acts, chapter 173, section 13, is amended 5 by adding the following new subsection: 6 NEW SUBSECTION . 7. DEPARTMENT OF ECONOMIC DEVELOPMENT 7 For the main street Iowa program to be used as grants 8 for projects that have previously applied for funding 9 consideration, or have received partial funding for facade 10 master plans to rehabilitate storefronts in main street Iowa 11 districts, to complete streetscape projects where planning 12 and the majority of funding is already secured, for unfunded 13 main street challenge grant projects, and for other building 14 rehabilitation projects that are currently on the department’s 15 highest priority list: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,550,000 17 Moneys appropriated in this subsection shall not be used for 18 administration or planning purposes. 19 Sec. 68. 2009 Iowa Acts, chapter 174, section 6, is 20 repealed. 21 Sec. 69. 2009 Iowa Acts, chapter 184, section 1, subsection 22 3, paragraph d, is amended to read as follows: 23 d. For historical site preservation grants to be used for 24 the restoration, preservation, and development of historic 25 sites: 26 .................................................. $ 1,000,000 27 In making grants pursuant to this lettered paragraph, the 28 department shall consider the existence and amount of other 29 funds available to an applicant for the designated project. 30 A grant awarded from moneys appropriated in this lettered 31 paragraph shall not exceed $100,000 per project. Not more than 32 $200,000 may be awarded in the same county in the same round of 33 grant reviews. 34 Of the amount appropriated in this lettered paragraph, 35 -66- LSB 6280SV (3) 83 rh/tm 66/ 93
S.F. 2389 $20,000 shall be used for the administration and support of 1 historic sites including the hiring and employment of seasonal 2 workers, notwithstanding section 8.57, subsection 6, paragraph 3 “c”. 4 Sec. 70. 2009 Iowa Acts, chapter 184, section 1, subsection 5 12, paragraph a, is amended to read as follows: 6 a. To provide funds for capital improvements and for related 7 studies for expanding passenger rail services in Iowa For 8 deposit in the passenger rail service revolving fund created 9 in section 327J.2 , notwithstanding section 8.57, subsection 6, 10 paragraph “c”: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,000,000 12 Sec. 71. 2009 Iowa Acts, chapter 184, section 2, subsections 13 1, 2, 4, and 5, are amended by striking the subsections. 14 Sec. 72. 2009 Iowa Acts, chapter 184, section 2, subsection 15 6, paragraph a, is amended to read as follows: 16 a. For deposit into the railroad revolving loan and grant 17 fund created in section 327H.20A, notwithstanding section 8.57, 18 subsection 6, paragraph “c”: 19 .................................................. $ 2,000,000 20 Of the amount appropriated in this lettered paragraph, 21 $2,000,000 shall be allocated to a city with a population 22 between 98,300 and 98,400 in the last preceding certified 23 federal census, for a rail trans-load facility if a federal 24 match of funds is received. 25 Sec. 73. EFFECTIVE UPON ENACTMENT. This division, being 26 deemed of immediate importance, takes effect upon enactment. 27 DIVISION XVIII 28 MISCELLANEOUS CODE CHANGES 29 Sec. 74. Section 8.57, subsection 6, paragraph e, Code 30 Supplement 2009, is amended to read as follows: 31 e. (1) (a) (i) Notwithstanding provisions to the contrary 32 in sections 99D.17 and 99F.11, for the fiscal year beginning 33 July 1, 2000, and for each fiscal year thereafter, not more 34 than a total of sixty-six million dollars shall be deposited 35 -67- LSB 6280SV (3) 83 rh/tm 67/ 93
S.F. 2389 in the general fund of the state in any fiscal year pursuant to 1 sections 99D.17 and 99F.11. 2 (ii) However, in lieu of the deposit in subparagraph 3 subdivision (i), for the fiscal year beginning July 1, 2010, 4 and for each fiscal year thereafter until the principal and 5 interest on all bonds issued by the treasurer of state pursuant 6 to section 12.87 are paid, as determined by the treasurer of 7 state, the first fifty-five million dollars of the moneys 8 directed to be deposited in the general fund of the state under 9 subparagraph subdivision (i) shall be deposited in the revenue 10 bonds debt service fund created in section 12.89, and the next 11 five three million seven hundred fifty thousand dollars of the 12 moneys directed to be deposited in the general fund of the 13 state under subparagraph subdivision (i) shall be deposited 14 in the revenue bonds federal subsidy holdback fund created 15 in section 12.89, and the next one million two hundred fifty 16 thousand dollars of the moneys directed to be deposited in the 17 general fund of the state under subparagraph subdivision (i) 18 shall be deposited in the general fund of the state. 19 (b) The next fifteen million dollars of the moneys directed 20 to be deposited in the general fund of the state in a fiscal 21 year pursuant to sections 99D.17 and 99F.11 shall be deposited 22 in the vision Iowa fund created in section 12.72 for the fiscal 23 year beginning July 1, 2000, and for each fiscal year through 24 the fiscal year beginning July 1, 2019. 25 (c) The next five million dollars of the moneys directed to 26 be deposited in the general fund of the state in a fiscal year 27 pursuant to sections 99D.17 and 99F.11 shall be deposited in 28 the school infrastructure fund created in section 12.82 for the 29 fiscal year beginning July 1, 2000, and for each fiscal year 30 thereafter until the principal and interest on all bonds issued 31 by the treasurer of state pursuant to section 12.81 are paid, 32 as determined by the treasurer of state. 33 (d) (i) The total moneys in excess of the moneys deposited 34 in the revenue bonds debt service fund, the revenue bonds 35 -68- LSB 6280SV (3) 83 rh/tm 68/ 93
S.F. 2389 federal holdback subsidy fund, the vision Iowa fund, the 1 school infrastructure fund, and the general fund of the 2 state in a fiscal year shall be deposited in the rebuild Iowa 3 infrastructure fund and shall be used as provided in this 4 section, notwithstanding section 8.60. 5 (ii) However, in lieu of the deposit in subparagraph 6 subdivision (i), for the fiscal year beginning July 1, 2010, 7 and for each fiscal year thereafter until the principal and 8 interest on all bonds issued by the treasurer of state pursuant 9 to section 12.87 are paid, as determined by the treasurer 10 of state, fifty-five sixty-four million seven hundred fifty 11 thousand dollars of the excess moneys directed to be deposited 12 in the rebuild Iowa infrastructure fund under subparagraph 13 subdivision (i) shall be deposited in the general fund of the 14 state. 15 (2) If the total amount of moneys directed to be deposited 16 in the general fund of the state under sections 99D.17 and 17 99F.11 in a fiscal year is less than the total amount of moneys 18 directed to be deposited in the revenue bonds debt service 19 fund and the revenue bonds federal subsidy holdback fund in 20 the fiscal year pursuant to this paragraph “e” , the difference 21 shall be paid from moneys deposited in the beer and liquor 22 control fund created in section 123.53 in the manner provided 23 in section 123.53, subsection 3. 24 (3) After the deposit of moneys directed to be deposited 25 in the general fund of the state , and the revenue bonds debt 26 service fund , and the revenue bonds federal subsidy holdback 27 fund, as provided in subparagraph (1), subparagraph division 28 (a), if the total amount of moneys directed to be deposited 29 in the general fund of the state under sections 99D.17 and 30 99F.11 in a fiscal year is less than the total amount of 31 moneys directed to be deposited in the vision Iowa fund and 32 the school infrastructure fund in the fiscal year pursuant to 33 this paragraph “e” , the difference shall be paid from lottery 34 revenues in the manner provided in section 99G.39, subsection 35 -69- LSB 6280SV (3) 83 rh/tm 69/ 93
S.F. 2389 3. 1 Sec. 75. Section 8.57, subsection 6, paragraph f, Code 2 Supplement 2009, is amended to read as follows: 3 f. There is appropriated from the rebuild Iowa 4 infrastructure fund to the secure an advanced vision for 5 education fund created in section 423F.2, for each fiscal year 6 of the fiscal period beginning July 1, 2008, and ending June 7 30, 2014, 2010, and for each fiscal year of the fiscal period 8 beginning July 1, 2011, and ending June 30, 2014, the amount of 9 the moneys in excess of the first forty-seven million dollars 10 credited to the rebuild Iowa infrastructure fund during the 11 fiscal year, not to exceed ten million dollars. 12 Sec. 76. Section 8.57A, subsection 4, Code 2009, is amended 13 to read as follows: 14 4. a. There is appropriated from the rebuild Iowa 15 infrastructure fund for the fiscal year years beginning July 16 1, 2008, July 1, 2009, and July 1, 2011, and for each fiscal 17 year thereafter, the sum of forty-two million dollars to 18 the environment first fund, notwithstanding section 8.57, 19 subsection 6, paragraph “c” . 20 b. There is appropriated from the rebuild Iowa 21 infrastructure fund for the fiscal year beginning July 1, 2010, 22 and ending June 30, 2011, the sum of thirty-three million 23 dollars to the environment first fund, notwithstanding section 24 8.57, subsection 6, paragraph “c” . 25 Sec. 77. Section 8.57C, subsection 3, Code Supplement 2009, 26 is amended to read as follows: 27 3. a. There is appropriated from the general fund of the 28 state for the fiscal years beginning July 1, 2006, July 1, 29 2007, July 1, 2010 2011 , and for each subsequent fiscal year 30 thereafter, the sum of seventeen million five hundred thousand 31 dollars to the technology reinvestment fund. 32 b. There is appropriated from the rebuild Iowa 33 infrastructure fund for the fiscal year beginning July 1, 2008, 34 and ending June 30, 2009, the sum of seventeen million five 35 -70- LSB 6280SV (3) 83 rh/tm 70/ 93
S.F. 2389 hundred thousand dollars, and for the fiscal year beginning 1 July 1, 2009, and ending June 30, 2010, the sum of fourteen 2 million five hundred twenty-five thousand dollars to the 3 technology reinvestment fund, notwithstanding section 8.57, 4 subsection 6, paragraph “c” . 5 c. There is appropriated from the rebuild Iowa 6 infrastructure fund for the fiscal year beginning July 1, 2010, 7 the sum of ten million dollars to the technology reinvestment 8 fund, notwithstanding section 8.57, subsection 6, paragraph 9 “c” . 10 Sec. 78. Section 12.87, subsections 1 and 2, Code Supplement 11 2009, are amended to read as follows: 12 1. The treasurer of state is authorized to issue and sell 13 bonds on behalf of the state to provide funds for certain 14 infrastructure projects and for purposes of the Iowa jobs 15 program established in section 16.194. The treasurer of state 16 shall have all of the powers which are necessary or convenient 17 to issue, sell and secure bonds and carry out the treasurer of 18 state’s duties, and exercise the treasurer of state’s authority 19 under this section and sections 12.88 through 12.90. The 20 treasurer of state may issue and sell bonds in such amounts as 21 the treasurer of state determines to be necessary to provide 22 sufficient funds for certain infrastructure projects and the 23 revenue bonds capitals fund, the revenue bonds capitals II 24 fund, the payment of interest on the bonds, the establishment 25 of reserves to secure the bonds, the payment of costs of 26 issuance of the bonds, the payment of other expenditures of 27 the treasurer of state incident to and necessary or convenient 28 to carry out the issuance and sale of the bonds, and the 29 payment of all other expenditures of the treasurer of state 30 necessary or convenient to administer the funds and to carry 31 out the purposes for which the bonds are issued and sold. 32 The treasurer of state may issue and sell bonds in one or 33 more series on the terms and conditions the treasurer of 34 state determines to be in the best interest of the state, in 35 -71- LSB 6280SV (3) 83 rh/tm 71/ 93
S.F. 2389 accordance with this section in such amounts as the treasurer 1 of state determines to be necessary to fund the purposes for 2 which such bonds are issued and sold . as follows: 3 a. The treasurer of state may issue and sell bonds in 4 amounts which provide aggregate net proceeds of not more 5 than five hundred forty-five six hundred ninety-five million 6 dollars, excluding any bonds issued and sold to refund 7 outstanding bonds issued under this section, as follows: 8 a. (1) The On or after July 1, 2009, the treasurer of 9 state may issue and sell bonds in amounts which provide 10 aggregate net proceeds of not more than one hundred eighty-five 11 million dollars for capital projects which qualify as vertical 12 infrastructure projects as defined in section 8.57, subsection 13 6, paragraph “c” , to the extent practicable in any fiscal year 14 and without limiting other qualifying capital expenditures. 15 b. (2) The On or after July 1, 2009, the treasurer of state 16 may issue and sell bonds in amounts which provide aggregate 17 net proceeds of not more than three hundred sixty million 18 dollars for purposes of the Iowa jobs program established 19 in section 16.194 and for watershed flood rebuilding and 20 prevention projects, soil conservation projects, sewer 21 infrastructure projects, for certain housing and public service 22 shelter projects and public broadband and alternative energy 23 projects, and for projects relating to bridge safety and the 24 rehabilitation of deficient bridges. 25 (3) On or after July 1, 2010, the treasurer of state may 26 issue and sell bonds in amounts which provide aggregate net 27 proceeds of not more than one hundred fifty million dollars 28 for purposes of the Iowa jobs II program established in 29 section 16.194A and for qualified projects in the departments 30 of agriculture and land stewardship, economic development, 31 education, natural resources, and transportation, and the Iowa 32 finance authority, state board of regents, and treasurer of 33 state. 34 2. Bonds issued and sold under this section are payable 35 -72- LSB 6280SV (3) 83 rh/tm 72/ 93
S.F. 2389 solely and only out of the moneys in the revenue bonds debt 1 service fund , the revenue bonds federal subsidy holdback 2 fund, and any bond reserve funds established pursuant to 3 section 12.89, and only to the extent provided in the trust 4 indenture, resolution, or other instrument authorizing their 5 issuance. All moneys in the revenue bonds debt service fund , 6 the revenue bonds federal subsidy holdback fund, and any bond 7 reserve funds established pursuant to section 12.89 may be 8 deposited with trustees or depositories in accordance with 9 the terms of the trust indentures, resolutions, or other 10 instruments authorizing the issuance of bonds and pledged by 11 the treasurer of state to the payment thereof. Bonds issued 12 and sold under this section shall contain a statement that the 13 bonds are limited special obligations of the state and do not 14 constitute a debt or indebtedness of the state or a pledge 15 of the faith or credit of the state or a charge against the 16 general credit or general fund of the state. The treasurer 17 of state shall not pledge the credit or taxing power of this 18 state or any political subdivision of this state or make bonds 19 issued and sold pursuant to this section payable out of any 20 moneys except those in the revenue bonds debt service fund , 21 the revenue bonds federal subsidy holdback fund, and any bond 22 reserve funds established pursuant to section 12.89. 23 Sec. 79. Section 12.89, subsection 2, Code Supplement 2009, 24 is amended by adding the following new paragraph: 25 NEW PARAGRAPH . Od. Federal subsidies and any transfers 26 from the revenue bonds federal subsidy holdback fund created 27 pursuant to section 12.89A. 28 Sec. 80. NEW SECTION . 12.89A Revenue bonds federal subsidy 29 holdback fund. 30 1. A revenue bonds federal subsidy holdback fund is created 31 and established as a separate and distinct fund in the state 32 treasury. The treasurer of state shall act as custodian of the 33 fund and disburse moneys contained in the fund. 34 2. The moneys in such fund shall include all of the 35 -73- LSB 6280SV (3) 83 rh/tm 73/ 93
S.F. 2389 following: 1 a. The revenues required to be deposited in the fund 2 pursuant to section 8.57, subsection 6, paragraph “e” , 3 subparagraphs (1) and (2). 4 b. Interest attributable to investment moneys in the fund. 5 c. Any other moneys from any other sources which may be 6 legally available to the treasurer of state for the purpose of 7 the fund. 8 3. The moneys in the revenue bonds federal subsidy holdback 9 fund are appropriated and shall be used or transferred to the 10 revenue bonds debt service fund created in section 12.89, 11 subsection 1, solely for the purpose of making payments of 12 principal and interest on federal subsidy bonds when due, if 13 the treasurer of state or the treasurer’s designee has not 14 received a federal subsidy scheduled to be received for such 15 payment by the due date. 16 4. The moneys on deposit in the revenue bonds federal 17 subsidy holdback fund shall be used or transferred to the 18 revenue bonds debt service fund created in section 12.89, 19 subsection 1, solely for the purpose of making payments of 20 principal and interest on federal subsidy bonds prior to any 21 use or transfer of moneys on deposit in any bond reserve fund 22 created for such federal subsidy bonds by the treasurer of 23 state pursuant to section 12.89, subsection 3, paragraph “a” . 24 5. At any time during each fiscal year that there are moneys 25 on deposit in the revenue bonds federal subsidy holdback fund 26 that are not needed to pay principal and interest on federal 27 subsidy bonds during such fiscal year as determined by the 28 treasurer of state or the treasurer’s designee, such moneys on 29 deposit in the revenue bonds federal subsidy holdback account 30 shall be credited to the rebuild Iowa infrastructure fund of 31 the state. 32 6. For purposes of this section: 33 a. “Federal subsidy” means any payment from the federal 34 government with respect to federal subsidy bonds. 35 -74- LSB 6280SV (3) 83 rh/tm 74/ 93
S.F. 2389 b. “Federal subsidy bonds” means any bonds issued and 1 sold pursuant to section 12.87 for which a federal subsidy is 2 expected to be paid on or before any date on which interest on 3 such bonds is due and payable. 4 Sec. 81. Section 15F.204, subsection 8, paragraph a, 5 subparagraph (6), Code Supplement 2009, is amended by striking 6 the subparagraph. 7 Sec. 82. Section 15F.204, subsection 8, paragraph b, 8 subparagraph (4), Code Supplement 2009, is amended by striking 9 the subparagraph. 10 Sec. 83. Section 16.181A, Code 2009, is amended to read as 11 follows: 12 16.181A Housing trust fund —— appropriations. 13 1. There is appropriated from the rebuild Iowa 14 infrastructure fund to the Iowa finance authority for deposit 15 in the housing trust fund created in section 16.181, for the 16 fiscal year beginning July 1, 2009, and ending June 30, 2010, 17 and for each succeeding fiscal year, the sum of three million 18 dollars. 19 2. There is appropriated from the rebuild Iowa 20 infrastructure fund to the Iowa finance authority for deposit 21 in the housing trust fund created in section 16.181, for the 22 fiscal year beginning July 1, 2010 and ending June 30, 2011, 23 the sum of one million dollars. 24 Sec. 84. Section 16.192, subsections 2 and 4, Code 25 Supplement 2009, are amended to read as follows: 26 2. Establish the Iowa jobs program pursuant to section 27 16.194 and the Iowa jobs II program pursuant to section 28 16.194A . 29 4. Award financial assistance , including financial 30 assistance in the form of grants under the Iowa jobs program 31 pursuant to sections 16.194 , 16.194A, and 16.195. 32 Sec. 85. Section 16.193, subsection 2, Code Supplement 33 2009, is amended to read as follows: 34 2. During the term of the Iowa jobs program established 35 -75- LSB 6280SV (3) 83 rh/tm 75/ 93
S.F. 2389 in section 16.194 and the Iowa jobs II program established 1 in section 16.194A , two hundred thousand dollars of the 2 moneys deposited in the rebuild Iowa infrastructure fund 3 shall be allocated each fiscal year to the Iowa finance 4 authority for purposes of administering the Iowa jobs program, 5 notwithstanding section 8.57, subsection 6, paragraph “c” . 6 Sec. 86. NEW SECTION . 16.194A Iowa jobs II program —— 7 disaster prevention. 8 1. An Iowa jobs II program is created to assist in the 9 development and completion of public construction projects 10 relating to disaster prevention. 11 2. A city or county in this state that applies the 12 smartplanning principles and guidelines pursuant to sections 13 18B.1 and 18B.2, as enacted in this Act, may submit an 14 application to the Iowa jobs board for financial assistance 15 for a local infrastructure competitive grant for an eligible 16 project under the program, notwithstanding any limitation on 17 the state’s percentage in funding as contained in section 18 29C.6, subsection 17. 19 3. Financial assistance under the program shall be awarded 20 in the form of grants. 21 4. The board shall consider the following criteria in 22 evaluating eligible projects to receive financial assistance 23 under the program: 24 a. The total number and quality of jobs to be created and 25 the benefits likely to accrue to areas distressed by high 26 unemployment. 27 b. Financial feasibility, including the ability of projects 28 to fund depreciation costs or replacement reserves, and the 29 availability of other federal, state, local, and private 30 sources of funds. 31 c. Sustainability and energy efficiency. 32 d. Benefits for disaster prevention. 33 e. The project’s readiness to proceed. 34 5. An applicant must demonstrate local support for the 35 -76- LSB 6280SV (3) 83 rh/tm 76/ 93
S.F. 2389 project as defined by rule. 1 6. Any award of financial assistance to a project shall 2 be limited to up to ninety percent of the total cost of the 3 development and completion of a public construction project 4 relating to disaster prevention. 5 7. In order for a project to be eligible to receive 6 financial assistance from the board, the project must be a 7 public construction project pursuant to subsection 1 with a 8 demonstrated substantial local, regional, or statewide economic 9 impact. 10 8. The board shall not approve an application for assistance 11 for any of the following purposes: 12 a. To refinance a loan existing prior to the date of the 13 initial financial assistance application. 14 b. For a project that has previously received financial 15 assistance under the program, unless the applicant demonstrates 16 that the financial assistance would be used for a significant 17 expansion of a project. 18 9. Any portion of an amount allocated for projects 19 that remains unexpended or unencumbered one year after the 20 allocation has been made may be reallocated to another project 21 category, at the discretion of the board. The board shall 22 ensure that all bond proceeds be expended within three years 23 from when the allocation was initially made. 24 10. The board shall ensure that funds obligated under 25 this section are coordinated with other federal program funds 26 received by the state, and that projects receiving funds are 27 located in geographically diverse areas of the state. 28 11. An applicant or combination of applicants for a project 29 within the same county shall not be awarded more than forty 30 percent of the funds available under this program. 31 Sec. 87. Section 16.195, subsection 2, Code Supplement 32 2009, is amended to read as follows: 33 2. A review committee composed of members of the 34 board as determined by the board shall review Iowa jobs 35 -77- LSB 6280SV (3) 83 rh/tm 77/ 93
S.F. 2389 program applications submitted to the board and make 1 recommendations regarding the applications to the board. When 2 reviewing the applications, the review committee and the 3 authority shall consider the project criteria specified in 4 section sections 16.194 and 16.194A . The board shall develop 5 the appropriate level of transparency regarding project fund 6 allocations. 7 Sec. 88. Section 26.3, subsection 2, Code Supplement 2009, 8 is amended to read as follows: 9 2. A governmental entity shall have an engineer licensed 10 under chapter 542B, a landscape architect licensed under 11 chapter 544B, or an architect registered under chapter 12 544A prepare plans and specifications, and calculate the 13 estimated total cost of a proposed public improvement. A 14 governmental entity shall ensure that a sufficient number 15 of paper copies of the project’s contract documents, including 16 all drawings, plans, specifications, and estimated total costs 17 of the proposed public improvement are made available for 18 distribution at no charge to prospective bidders , subcontractor 19 bidders, suppliers, and contractor plan room services . If 20 a deposit is required as part of a paper contract documents 21 distribution policy by the public owner, the deposit shall 22 not exceed two hundred fifty dollars per set which shall be 23 refunded upon return of the contract documents within fourteen 24 days after award of the project. If the contract documents are 25 not returned in a timely manner and in a reusable condition, 26 the deposit shall be forfeited. The governmental entity shall 27 reimburse the landscape architect, architect, or professional 28 engineer for the actual costs of preparation and distribution 29 of plans and specifications. 30 Sec. 89. NEW SECTION . 73.14 Minority-owned and female-owned 31 businesses —— bond issuance services. 32 1. The state, board of regents institutions, counties, 33 townships, school districts, community colleges, cities, and 34 other public entities, and every person acting as contracting 35 -78- LSB 6280SV (3) 83 rh/tm 78/ 93
S.F. 2389 agent for any such entity, shall, when issuing bonds or other 1 obligations, make a good-faith effort to utilize minority-owned 2 and female-owned businesses for attorneys, accountants, 3 financial advisors, banks, underwriters, insurers, and other 4 occupations necessary to carry out the issuance of bonds or 5 other obligations by the entity, whether or not such businesses 6 are located in the state. 7 2. For purposes of this section: 8 a. “Female-owned business” means a business that is 9 fifty-one percent or more owned, operated, and actively managed 10 by one or more women. 11 b. “Minority-owned business” means a business that is 12 fifty-one percent or more owned, operated, and actively managed 13 by one or more minority persons. 14 Sec. 90. Section 123.53, subsections 3 and 4, Code 15 Supplement 2009, are amended to read as follows: 16 3. Notwithstanding subsection 2, if gaming revenues under 17 sections 99D.17 and 99F.11 are insufficient in a fiscal year to 18 meet the total amount of such revenues directed to be deposited 19 in the revenue bonds debt service fund and the revenue bonds 20 federal subsidy holdback fund during the fiscal year pursuant 21 to section 8.57, subsection 6, paragraph “e” , the difference 22 shall be paid from moneys deposited in the beer and liquor 23 control fund prior to transfer of such moneys to the general 24 fund pursuant to subsection 2 and prior to the transfer of such 25 moneys pursuant to subsections 5 and 6. If moneys deposited in 26 the beer and liquor control fund are insufficient during the 27 fiscal year to pay the difference, the remaining difference 28 shall be paid from moneys deposited in the beer and liquor 29 control fund in subsequent fiscal years as such moneys become 30 available. 31 4. The treasurer of state shall, each quarter, prepare 32 an estimate of the gaming revenues and of the moneys to be 33 deposited in the beer and liquor control fund that will become 34 available during the remainder of the appropriate fiscal year 35 -79- LSB 6280SV (3) 83 rh/tm 79/ 93
S.F. 2389 for the purposes described in subsection 3. The department 1 of management, the department of inspections and appeals, and 2 the department of commerce shall take appropriate actions to 3 provide that the sum of the amount of gaming revenues available 4 to be deposited into the revenue bonds debt service fund during 5 a fiscal year and the amount of moneys to be deposited in the 6 beer and liquor control fund available to be deposited into 7 the revenue bonds debt service fund and the revenue bonds 8 federal subsidy holdback fund during such fiscal year will be 9 sufficient to cover any anticipated deficiencies. 10 Sec. 91. Section 327H.20A, subsection 3, Code Supplement 11 2009, is amended to read as follows: 12 3. Notwithstanding any other provision to the contrary, 13 on or after July 1, 2006, moneys received as repayments for 14 loans made pursuant to this chapter or chapter 327I, Code 2009, 15 before, on, or after July 1, 2005, other than repayments of 16 federal moneys subject to section 327H.21, shall be credited to 17 the railroad revolving loan and grant fund. Notwithstanding 18 section 8.33, moneys in the railroad revolving loan and grant 19 fund shall not revert to the general fund of the state fund 20 from which it was appropriated but shall remain available 21 indefinitely for expenditure under this section. 22 Sec. 92. Section 327J.2, subsection 3, Code Supplement 23 2009, is amended to read as follows: 24 3. No reversion. Notwithstanding section 8.33, any balance 25 in the fund on June 30 of any fiscal year shall not revert 26 to the general fund of the state fund from which it was 27 appropriated . 28 Sec. 93. REPEAL. Sections 8.57D, 12.90A, 12.90B, 12.90C, 29 16.185, 16.186, 16.187, and 313.68, Code Supplement 2009, are 30 repealed. 31 EXPLANATION 32 This bill makes appropriations to state departments and 33 agencies from the rebuild Iowa infrastructure fund, the 34 technology reinvestment fund, the revenue bonds capitals fund, 35 -80- LSB 6280SV (3) 83 rh/tm 80/ 93
S.F. 2389 the revenue bonds capitals II fund, the FY 2009 prison bonding 1 fund, and other funds, creates the Iowa jobs II program and the 2 revenue bonds federal subsidy holdback fund, and provides for 3 related matters. 4 DIVISION I —— REBUILD IOWA INFRASTRUCTURE FUND 5 APPROPRIATIONS. This division appropriates project funding 6 for FY 2010-2011 from the rebuild Iowa infrastructure fund, 7 including projects for the departments of administrative 8 services, agriculture and land stewardship, for the blind, 9 cultural affairs, economic development, education, natural 10 resources, public defense, public health, transportation, and 11 veterans affairs, and to the Iowa finance authority, the state 12 board of regents, and the treasurer of state. 13 The division appropriates project funding for FY 2011-2012, 14 FY 2012-2013, and FY 2013-2014 from the rebuild Iowa 15 infrastructure fund to the department of corrections, for FY 16 2011-2012, FY 2012-2013, FY 2013-2014, and FY 2014-2015 from 17 the rebuild Iowa infrastructure fund to the department of 18 natural resources, and for FY 2011-2012 from the rebuild Iowa 19 infrastructure fund to the department of transportation. 20 DIVISION II —— TECHNOLOGY REINVESTMENT FUND —— 21 APPROPRIATIONS. This division appropriates project funding 22 for FY 2010-2011 from the technology reinvestment fund for 23 the departments of administrative services, corrections, 24 education, and public health, and the Iowa telecommunications 25 and technology commission. 26 DIVISION III —— REVENUE BONDS CAPITALS FUND —— 27 APPROPRIATIONS. This division appropriates project funding 28 for FY 2010-2011 from the revenue bonds capitals fund for 29 the departments of administrative services, agriculture and 30 land stewardship, cultural affairs, corrections, economic 31 development, natural resources, and the Iowa state fair, state 32 board of regents, and the Iowa finance authority. 33 DIVISION IV —— REVENUE BONDS CAPITALS II FUND —— 34 APPROPRIATIONS. The division creates a revenue bonds capitals 35 -81- LSB 6280SV (3) 83 rh/tm 81/ 93
S.F. 2389 II fund. Revenue for the revenue bonds capitals II fund shall 1 include but is not limited to the net proceeds of certain bonds 2 issued by the treasurer of state on or after July 1, 2010, 3 interest attributable to investment of moneys in the fund or 4 an account of the fund, and moneys in the form of a devise, 5 gift, bequest, donation, federal or other grant, reimbursement, 6 repayment, judgment, transfer, payment, or appropriation from 7 any source intended to be used for the purposes of the fund. 8 Annually, on or before January 15 of each year, a state agency 9 that received an appropriation from the revenue bonds capitals 10 II fund shall report to the legislative services agency and the 11 department of management the status of all projects completed 12 or in progress. 13 The division appropriates project funding for FY 2010-2011 14 from the revenue bonds capitals II fund created in the bill to 15 the departments of agriculture and land stewardship, economic 16 development, education, natural resources, and transportation 17 and to the Iowa finance authority including to the Iowa jobs 18 board for purposes of the Iowa jobs II program, created in the 19 bill, state board of regents, and treasurer of state. 20 DIVISION V —— FY 2009 PRISON BONDING FUND. This division 21 appropriates project funding for FY 2010-2011 to the department 22 of corrections. 23 DIVISION VI —— IOWA COMPREHENSIVE PETROLEUM UNDERGROUND 24 STORAGE TANK FUND —— DEPARTMENT OF TRANSPORTATION. This 25 division appropriates money from the Iowa comprehensive 26 petroleum underground storage tank fund to the department of 27 transportation for the fiscal year beginning July 1, 2010, and 28 ending June 30, 2011. 29 DIVISION VII —— SMART PLANNING. Division VII of the bill 30 creates new Code section 18B.1, which establishes 10 smart 31 planning principles. State agencies, local governments, 32 and other public entities are required to consider and 33 may apply the principles during all appropriate planning, 34 zoning, development, and resource management decisions. 35 -82- LSB 6280SV (3) 83 rh/tm 82/ 93
S.F. 2389 The smart planning principles encourage collaboration 1 with other groups and individuals, identify the importance 2 of efficiency, transparency, and consistency, advise 3 the use of clean and renewable energy, advise the use of 4 energy-efficient and sustainable design options, encourage 5 occupational, transportation, and housing diversity, encourage 6 revitalization, identify the importance of community character, 7 and encourage decisions that will protect natural and 8 agricultural resources. 9 Municipalities, defined in new Code section 18B.2 as a 10 city or a county, are also directed to consider the smart 11 planning principles if the municipality develops or amends a 12 comprehensive plan under Code chapter 335 or Code chapter 414, 13 as applicable. Under new Code section 18B.2, a municipality 14 may also consider including certain specified information 15 in any such comprehensive plan or other land development 16 regulations. The list of items includes information relating 17 to public participation during the creation of the plan, 18 objectives, policies, goals, and programs relating to 19 utilities, housing, transportation, economic development, 20 employment, protection of agricultural and natural resources, 21 future development of certain specified public facilities, 22 characteristics unique to the municipality, and natural or 23 other hazards. A comprehensive plan or land development 24 regulations may also include information relating to joint 25 planning and joint decision making with other governmental 26 entities. New Code section 18B.2 provides that a comprehensive 27 plan may include a compilation of programs and specific 28 actions to be completed, including changes to any applicable 29 land development regulations, official maps, or subdivision 30 ordinances that are necessary to implement any provision of the 31 plan. A municipality’s comprehensive plan that is developed 32 using guidelines under new Code section 18B.2 must address 33 prevention and mitigation of, response to, and recovery from a 34 catastrophic flood. 35 -83- LSB 6280SV (3) 83 rh/tm 83/ 93
S.F. 2389 Division VII of the bill amends several provisions of Code 1 chapters 335 and 414 relating to county and city zoning and 2 planning by allowing county and city zoning commissions to 3 recommend a comprehensive plan, or amendments thereto, to the 4 county board of supervisors or the city council, as applicable, 5 and by specifying certain duties and powers of boards of 6 supervisors and city councils relating to the consideration and 7 adoption of a comprehensive plan. 8 Division VII of the bill establishes an Iowa smart planning 9 task force consisting of 29 voting members and four ex officio, 10 nonvoting members from the general assembly. The voting 11 members consist of the heads of 14 specified state agencies and 12 15 other members from specified academic programs, governmental 13 entities and organizations, and industry associations. Members 14 of the task force, other than those who are the head of a state 15 agency or who are from specified programs, organizations, 16 and associations, serve at the pleasure of the governor. 17 The task force is required to meet at least four times 18 before November 15, 2010. Members of the task force are not 19 compensated for meeting participation and are not reimbursed 20 for costs associated with meeting attendance. The director 21 of the department of management is required to provide staff 22 assistance and administrative support to the task force. The 23 task force may request information or other assistance from 24 the Iowa association of regional councils. The task force is 25 required to comply with the requirements of Code chapters 21 26 and 22, relating to meetings and public records. The director 27 of the department of management is required to seek funding to 28 support local comprehensive planning in the state. 29 The task force is required to consult land use experts, 30 representatives of cities and counties, agricultural and 31 environmental interests, urban and regional planning experts, 32 reports or information from the local government innovation 33 commission, and all other information deemed relevant by 34 task force members. The task force is also required to 35 -84- LSB 6280SV (3) 83 rh/tm 84/ 93
S.F. 2389 solicit information from the public on matters related to 1 comprehensive planning, evaluate state policies, programs, 2 statutes, and rules to determine whether any state policies, 3 programs, statutes, or rules should be revised to integrate the 4 Iowa smart planning principles, develop statewide goals for 5 comprehensive planning that utilize the Iowa smart planning 6 principles, and develop recommendations for a process to 7 measure progress toward achieving those goals. The task 8 force is further directed to evaluate and develop methods 9 to incentivize comprehensive planning, develop a model for 10 regional comprehensive planning within the state, review local 11 comprehensive plans for specified purposes, develop a set of 12 specified recommendations that operate consistently with the 13 Iowa smart planning principles, and develop a model ordinance 14 relating to floodplains. 15 The task force is required to prepare a report that includes 16 goals, recommendations, and other specified information and 17 submit it to the governor and general assembly on or before 18 November 15, 2010. The task force is dissolved on December 31, 19 2012. 20 DIVISION VIII —— GROW IOWA VALUES FUND. Currently, the 21 Code provides that for each fiscal year through the fiscal 22 period ending June 30, 2015, the grow Iowa values fund is to 23 receive an annual appropriation of $50 million from either the 24 general fund or the rebuild Iowa infrastructure fund. The 25 division provides that the appropriation for FY 2010-2011 26 shall be from the rebuild Iowa infrastructure fund. The 27 department is directed to allocate that $50 million for certain 28 purposes. This division appropriates $38 million from the 29 rebuild Iowa infrastructure fund to the grow Iowa values fund 30 for FY 2010-2011. The division also decreases the FY 2010-2011 31 standing appropriation from the grow Iowa values fund to the 32 department of economic development from $50 million to $38 33 million and makes conforming changes to certain allocations. 34 The division allows the department to allocate, of the 35 -85- LSB 6280SV (3) 83 rh/tm 85/ 93
S.F. 2389 moneys in the targeted small business financial assistance 1 program account of the strategic investment fund, amounts 2 necessary for marketing, compliance, and the provision of 3 mentoring services. 4 Currently, the department must allocate $3 million for 5 deposit in the innovation and commercialization development 6 fund. The division amends this allocation to require the 7 department to allocate $5.5 million for deposit in the 8 innovation and commercialization development fund. 9 The division also creates a new allocation of $1 million for 10 deposit in the targeted small business financial assistance 11 program account within the strategic investment fund. 12 Currently, the Code does not appropriate interest on moneys 13 in the grow Iowa values fund. The division appropriates the 14 interest to the department and directs the department to 15 allocate it for certain purposes. 16 DIVISION IX —— SMALL BUSINESS LINKED INVESTMENTS. Division 17 IX relates to the small business linked investments program. 18 Currently, in order to qualify under the program, the net worth 19 of the owners of the business must be $750,000 or less. The 20 division increases the threshold to $975,000. 21 DIVISION X —— SITE DEVELOPMENT. Division X relates to the 22 preparation of sites for economic development. Currently, 23 Code section 15E.18 provides for certain targeted economic 24 development site preparation. The division replaces this 25 Code section with a new program that directs the department 26 of economic development to provide site readiness consulting 27 services to local governments and officials and to issue 28 certificates of readiness to those sites that meet criteria 29 for readiness developed by the department. The division 30 appropriates $175,000 to the department and authorizes one 31 full-time equivalent position. 32 DIVISION XI —— INTERNET SITE FOR BUSINESS ASSISTANCE. 33 Division XI directs the department of economic development 34 in consultation with other agencies of state government and 35 -86- LSB 6280SV (3) 83 rh/tm 86/ 93
S.F. 2389 the board of regents, to create an internet site that brings 1 together all the information on financial and technical 2 assistance the state offers to businesses. The division 3 appropriates $20,000 to the department for purposes of creating 4 the site. 5 DIVISION XII —— REGULATORY ASSISTANCE INTERIM STUDY 6 COMMITTEE. Division XII requests the legislative council 7 to establish an interim study committee to examine and make 8 recommendations regarding methods of assisting small businesses 9 that do not require direct financial incentives and regarding 10 potential changes of law that would improve business licensing, 11 regulatory compliance, and tax collection procedures. 12 DIVISION XIII —— SAVE OUR SMALL BUSINESSES FUND AND PROGRAM. 13 Division V creates a save our small businesses fund and 14 program. The fund is created in the state treasury under the 15 control of the department of economic development and consists 16 of moneys appropriated to it and repayments of principle and 17 interest on moneys loaned under the program. 18 The division appropriates $5 million for purposes of 19 providing loans to certain eligible small businesses. The 20 department must begin to provide the loans no later than 21 August 1, 2010. If, on March 31, 2011, the department has not 22 obligated the full amount of the appropriation, the moneys 23 in the fund revert to the general fund of the state. The 24 loans must be at least $2,500 but not more than $50,000, and 25 the interest rate on the loans must not exceed 3.9 percent. 26 Repayments of principle and interest on the loans must be 27 deposited in the fund. Each quarter, the moneys in the fund 28 revert to the general fund of the state. On March 31, 2016, 29 all moneys in the fund revert to the general fund of the state. 30 The term of a loan may be for any period of time, but the loan 31 agreement must provide for the repayment of all principle and 32 interest prior to statutory reversion on March 31, 2016. 33 The department is allowed to designate a nonprofit 34 organization to administer the program provided the 35 -87- LSB 6280SV (3) 83 rh/tm 87/ 93
S.F. 2389 organization is designated as a statewide microloan program 1 provider by the United States small business administration. 2 The department, with the assistance of an organization 3 designated to administer the program, must submit a report on 4 the program to the general assembly each year by January 15. 5 The department is directed to adopt rules to administer the 6 program and may adopt emergency rules. 7 The division is effective upon enactment. 8 DIVISION XIV —— ALTERNATIVE PUBLIC PROJECT DELIVERY STUDY. 9 This division relates to the establishment of an interim study 10 by the legislative council to study the use of alternative 11 project delivery for public projects at institutions under the 12 control of the state board of regents. 13 DIVISION XV —— FLOODPLAIN MAPPING. This division provides 14 for the use of funds allocated to the department of natural 15 resources for floodplain mapping from the appropriation made 16 to the department of economic development in 2009 Iowa Acts, 17 chapter 183, section 67, of federal community development block 18 grant funds awarded to the state under the federal Consolidated 19 Security, Disaster Assistance, and Continuing Appropriations 20 Act, 2009, Pub. L. No. 110-329, the department of economic 21 development shall enter an agreement in an amount of not less 22 than $10 million with the state university of Iowa for the 23 development of new floodplain maps by June 30, 2014, by the 24 Iowa flood center established pursuant to Code section 466C.1. 25 The department of economic development shall structure the 26 contract to be consistent with any plan for use of the funds 27 approved by any federal agency, or, if necessary, follow any 28 procedures necessary for approval of this contract. 29 DIVISION XVI —— DEPARTMENT OF ADMINISTRATIVE SERVICES —— 30 OFFICE SPACE —— STATE FLEET RELOCATION. This division requires 31 the department of administrative services to issue a request 32 for proposals by December 1, 2010, concerning the availability 33 and cost of office space for state employees in downtown Des 34 Moines and in other areas in close proximity to the state 35 -88- LSB 6280SV (3) 83 rh/tm 88/ 93
S.F. 2389 capitol complex. The department shall submit a written report 1 to the general assembly concerning the request for proposals by 2 January 14, 2011. The department is also required to conduct 3 a cost-benefit analysis of utilizing existing office space in 4 downtown Des Moines and other areas in close proximity to the 5 state capitol complex in lieu of replacing or renovating the 6 Wallace Building. The department shall submit a written report 7 to the general assembly concerning the cost-benefit analysis by 8 January 14, 2011. 9 The division also requires the department of administrative 10 services to evaluate and consider relocating the state vehicle 11 fleet. 12 DIVISION XVII —— CHANGES TO PRIOR YEAR APPROPRIATIONS. This 13 division makes changes to prior year appropriations for FY 14 2006-2007 from the rebuild Iowa infrastructure fund for the 15 department of public safety and from Iowa’s health restricted 16 capitals fund for the department of administrative services. 17 The division makes changes to prior year appropriations 18 for FY 2007-2008 from the rebuild Iowa infrastructure fund 19 for the state board of regents and from the technology 20 reinvestment fund for the department of human rights and the 21 Iowa workforce development. The division makes changes to 22 prior year appropriations for FY 2008-2009 from the technology 23 reinvestment fund for the department of education, from the 24 revenue bonds capitals fund for the department of corrections, 25 from the rebuild Iowa infrastructure fund for the departments 26 of administrative services and cultural affairs, and from the 27 FY 2009 prison bonding fund for the department of corrections. 28 The division makes changes to prior year appropriations for 29 FY 2009-2010 from the revenue bonds capitals fund for the 30 departments of agriculture and land stewardship, economic 31 development, natural resources, transportation, and the 32 Iowa telecommunications and technology commission, and from 33 the rebuild Iowa infrastructure fund for the departments of 34 cultural affairs and transportation. 35 -89- LSB 6280SV (3) 83 rh/tm 89/ 93
S.F. 2389 The division makes changes to prior year appropriations 1 for FY 2010-2011 from the rebuild Iowa infrastructure fund to 2 the department of economic development and from the rebuild 3 Iowa infrastructure fund to the departments of administrative 4 services, corrections, state board of regents, and the Iowa 5 state fair. 6 This division takes effect upon enactment. 7 DIVISION XVIII —— MISCELLANEOUS CODE CHANGES. The division 8 eliminates the standing FY 2010-2011 $10 million appropriation 9 from the rebuild Iowa infrastructure fund to the secure an 10 advanced vision for education (SAVE) fund. 11 The division reduces the FY 2010-2011 standing appropriation 12 from the rebuild Iowa infrastructure fund to the environment 13 first fund from $42 million to $33 million. 14 The division appropriates $10 million from the rebuild Iowa 15 infrastructure fund to the technology reinvestment fund for FY 16 2010-2011. 17 The division makes changes to Code section 8.57 relating 18 to the distribution of wagering tax allocations for purposes 19 of pledging a revenue stream for revenue bonds issued on or 20 after July 1, 2010, authorized under the bill. In addition, 21 the division makes changes to Code section 123.53 relating to 22 the beer and liquor control fund to provide for a secondary 23 source of revenue funding for the revenue bonds relating to the 24 revenue bonds federal subsidy holdback fund. 25 The division authorizes the treasurer of state to issue and 26 sell bonds in amounts which provide aggregate net proceeds of 27 not more than $150 million for purposes of an Iowa jobs grant 28 program relating to disaster prevention for qualified projects 29 in the departments of agriculture and land stewardship, 30 economic development, education, and transportation, and the 31 Iowa finance authority, the state board of regents, and the 32 treasurer of state. 33 The division creates a revenue bonds federal subsidy 34 holdback fund comprised of the wagering tax revenues required 35 -90- LSB 6280SV (3) 83 rh/tm 90/ 93
S.F. 2389 to be deposited in the fund, interest attributable to 1 investment moneys in the fund, and any other moneys from any 2 other sources which may be legally available to the treasurer 3 of state for the purpose of the fund. The moneys in the 4 revenue bonds federal subsidy holdback fund are appropriated 5 and shall be used or transferred to the revenue bonds debt 6 service fund solely for the purpose of making payments of 7 principal and interest on the federal subsidy bonds when due, 8 if the treasurer of state or the treasurer’s designee has not 9 received a federal subsidy scheduled to be received for such 10 payment by the due date. The moneys on deposit in the revenue 11 bonds federal subsidy holdback fund are required to be used 12 or transferred to the revenue bonds debt service fund solely 13 for the purpose of making payments of principal and interest 14 on federal subsidy bonds prior to any use or transfer of 15 moneys on deposit in any bond reserve fund created for such 16 federal subsidy bonds by the treasurer of state. At any time 17 during each fiscal year that there are moneys on deposit in 18 the revenue bonds federal subsidy holdback fund that are not 19 needed to pay principal and interest on federal subsidy bonds 20 during such fiscal year, all moneys on deposit in the revenue 21 bonds federal subsidy holdback account shall be credited to 22 the general fund. For purposes of the bill, “federal subsidy” 23 means any payment from the federal government with respect to 24 federal subsidy bonds and “federal subsidy bonds” means any 25 bonds issued and sold pursuant to Code section 12.87 for which 26 a federal subsidy is expected to be paid on or before any date 27 on which interest on such bonds is due and payable. 28 The division eliminates standing appropriations for FY 29 2010-2011 from the rebuild Iowa infrastructure fund to the 30 community attraction and tourism fund and from the franchise 31 tax revenues deposited in the general fund of the state to the 32 community attraction and tourism fund. 33 The division eliminates standing appropriations from the 34 rebuild Iowa infrastructure fund and the general fund for FY 35 -91- LSB 6280SV (3) 83 rh/tm 91/ 93
S.F. 2389 2010-2011 to the department of economic development for the 1 community attraction and tourism program. 2 The division appropriates funds from the rebuild Iowa 3 infrastructure fund to the Iowa finance authority for deposit 4 into the housing trust fund for FY 2010-2011. 5 The division creates an Iowa jobs II program to assist 6 in the development and completion of public construction 7 projects relating to disaster prevention. A city or county 8 in this state or a regional transit district as defined in 9 chapter 28M that applies the smart planning principles and 10 guidelines pursuant to Code sections 18B.1 and 18B.2 if 11 enacted in 2010 Iowa Acts, Senate File 2265, may submit an 12 application to the Iowa jobs board created in Code section 13 16.191 for a local infrastructure competitive grant for an 14 eligible project under the program. The board is required to 15 consider certain criteria in evaluating eligible projects to 16 receive financial assistance under the program. Any award 17 of financial assistance to a project is limited to up to 75 18 percent of the total cost of the total cost of the development 19 and completion of a public construction project relating to 20 disaster prevention. 21 The division amends Code section 26.3 relating to 22 competitive bids for public improvement contracts. The 23 division provides that a governmental entity shall ensure that 24 a sufficient number of paper copies of the project’s contract 25 documents, including all drawings, plans, specifications, and 26 estimated total costs of the proposed public improvement are 27 made available for distribution at no charge to prospective 28 bidders, subcontractor bidders, suppliers, and contractor plan 29 room services. If a deposit is required as part of a paper 30 contract documents distribution policy by the public owner, 31 the deposit shall not exceed $2,50 per set which shall be 32 refunded upon return of the contract documents within 14 days 33 after award of the project. If the contract documents are not 34 returned in a timely manner and in a reusable condition, the 35 -92- LSB 6280SV (3) 83 rh/tm 92/ 93
S.F. 2389 deposit shall be forfeited. 1 The division contains a provision relating to minority-owned 2 and female-owned businesses and bond issuance services. 3 The division makes technical changes relating to the 4 reversion of funds provisions in Code sections 327H.20A 5 (railroad revolving loan and grant fund) and 327J.2 (passenger 6 rail service revolving fund). 7 The division repeals Code section 12.90A authorizing the 8 treasurer of state to issue annual appropriation bonds on or 9 after July 1, 2010, and makes conforming changes by repealing 10 the annual appropriation bonds debt service fund (Code section 11 12.90B), the appropriations bonds capitals fund (Code section 12 12.90C), and the vertical infrastructure restricted capitals 13 fund (Code section 8.57D). 14 The division repeals the public service shelter grant 15 fund (Code section 16.185), the disaster damage housing 16 assistance grant fund (Code section 16.186), the affordable 17 housing assistance grant fund (Code section 16.187), and the 18 bridge safety fund (Code section 313.68), and makes conforming 19 changes. 20 -93- LSB 6280SV (3) 83 rh/tm 93/ 93