Senate Study Bill 3227 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED GOVERNOR’S BUDGET BILL) A BILL FOR An Act relating to state and local financial matters by 1 revising certain appropriations and appropriating federal 2 funds made available from federal block grants, the federal 3 American Recovery and Reinvestment Act of 2009, and other 4 nonstate sources, allocating portions of federal block 5 grants, and providing procedures if federal funds are more 6 or less than anticipated or if federal block grants are more 7 or less than anticipated, and including effective date and 8 retroactive applicability provisions. 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 10 TLSB 5603XG (14) 83 jp/tm
S.F. _____ H.F. _____ DIVISION I 1 FEDERAL BLOCK GRANT AND OTHER 2 FEDERAL FUNDING —— FY 2010-2011 3 Section 1. SUBSTANCE ABUSE APPROPRIATION. 4 1. There is appropriated from the fund created by section 5 8.41 to the department of public health for the federal fiscal 6 year beginning October 1, 2010, and ending September 30, 2011, 7 the following amount: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,524,616 9 a. Funds appropriated in this subsection are the 10 anticipated funds to be received from the federal government 11 for the designated federal fiscal year under 42 U.S.C., 12 ch. 6A, subch. XVII, part B, subpart ii, which provides for 13 the substance abuse prevention and treatment block grant. 14 The department shall expend the funds appropriated in this 15 subsection as provided in the federal law making the funds 16 available and in conformance with chapter 17A. 17 b. Of the funds appropriated in this subsection, an amount 18 not exceeding 5 percent shall be used by the department for 19 administrative expenses. 20 c. The department shall expend no less than an amount equal 21 to the amount expended for treatment services in the state 22 fiscal year beginning July 1, 2009, for pregnant women and 23 women with dependent children. 24 d. Of the funds appropriated in this subsection, an amount 25 not exceeding $24,585 shall be used for audits. 26 2. At least 20 percent of the funds remaining from the 27 appropriation made in subsection 1 shall be allocated for 28 prevention programs. 29 3. In implementing the federal substance abuse prevention 30 and treatment block grant under 42 U.S.C., ch. 6A, subch. XVII, 31 and any other applicable provisions of the federal Public 32 Health Service Act under 42 U.S.C., ch. 6A, the department 33 shall apply the provisions of Pub. L. No. 106-310, § 3305, 34 as codified in 42 U.S.C. § 300x-65, relating to services 35 -1- LSB 5603XG (14) 83 jp/tm 1/ 20
S.F. _____ H.F. _____ under such federal law being provided by religious and other 1 nongovernmental organizations. 2 Sec. 2. COMMUNITY MENTAL HEALTH SERVICES APPROPRIATION. 3 1. a. There is appropriated from the fund created by 4 section 8.41 to the department of human services for the 5 federal fiscal year beginning October 1, 2010, and ending 6 September 30, 2011, the following amount: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,368,868 8 b. Funds appropriated in this subsection are the 9 anticipated funds to be received from the federal government 10 for the designated federal fiscal year under 42 U.S.C., ch. 11 6A, subch. XVII, part B, subpart i, which provides for the 12 community mental health services block grant. The department 13 shall expend the funds appropriated in this subsection as 14 provided in the federal law making the funds available and in 15 conformance with chapter 17A. 16 c. The department shall allocate not less than 95 percent 17 of the amount of the block grant to eligible community mental 18 health services providers for carrying out the plan submitted 19 to and approved by the federal substance abuse and mental 20 health services administration for the fiscal year involved. 21 d. Of the amount allocated to eligible services providers 22 under paragraph “c”, 70 percent shall be distributed to 23 the state’s accredited community mental health centers 24 established or designated by counties in accordance with law 25 or administrative rule. If a county has not established 26 or designated a community mental health center and has 27 received a waiver from the mental health, mental retardation, 28 developmental disabilities, and brain injury commission, 29 the mental health services provider designated by that 30 county is eligible to receive funding distributed pursuant 31 to this paragraph in lieu of a community mental health 32 center. The funding distributed shall be used by recipients 33 of the funding for the purpose of developing and providing 34 evidence-based practices and emergency services to adults with 35 -2- LSB 5603XG (14) 83 jp/tm 2/ 20
S.F. _____ H.F. _____ a serious mental illness and children with a serious emotional 1 disturbance. The distribution amounts shall be announced at 2 the beginning of the federal fiscal year and distributed on 3 a quarterly basis according to the formulas used in previous 4 fiscal years. Recipients shall submit quarterly reports 5 containing data consistent with the performance measures 6 approved by the federal substance abuse and mental health 7 services administration. 8 2. An amount not exceeding 5 percent of the funds 9 appropriated in subsection 1 shall be used by the department 10 of human services for administrative expenses. From the 11 funds set aside by this subsection for administrative 12 expenses, the department shall pay to the auditor of state 13 an amount sufficient to pay the cost of auditing the use 14 and administration of the state’s portion of the funds 15 appropriated in subsection 1. The auditor of state shall bill 16 the department for the costs of the audits. 17 Sec. 3. MATERNAL AND CHILD HEALTH SERVICES APPROPRIATIONS. 18 1. There is appropriated from the fund created by section 19 8.41 to the department of public health for the federal fiscal 20 year beginning October 1, 2010, and ending September 30, 2011, 21 the following amount: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,412,862 23 a. The funds appropriated in this subsection are the funds 24 anticipated to be received from the federal government for 25 the designated federal fiscal year under 42 U.S.C., ch. 7, 26 subch. V, which provides for the maternal and child health 27 services block grant. The department shall expend the funds 28 appropriated in this subsection as provided in the federal law 29 making the funds available and in conformance with chapter 17A. 30 b. Funds appropriated in this subsection shall not be used 31 by the university of Iowa hospitals and clinics for indirect 32 costs. 33 2. An amount not exceeding 10 percent of the funds 34 appropriated in subsection 1 shall be used by the department of 35 -3- LSB 5603XG (14) 83 jp/tm 3/ 20
S.F. _____ H.F. _____ public health for administrative expenses. 1 3. The departments of public health, human services, and 2 education and the university of Iowa’s mobile and regional 3 child health specialty clinics shall continue to pursue to the 4 maximum extent feasible the coordination and integration of 5 services to women and children. 6 4. a. Sixty-three percent of the remaining funds 7 appropriated in subsection 1 shall be allocated to supplement 8 appropriations for maternal and child health programs within 9 the department of public health. Of these funds, $300,291 10 shall be set aside for the statewide perinatal care program. 11 b. Thirty-seven percent of the remaining funds appropriated 12 in subsection 1 shall be allocated to the university of Iowa 13 hospitals and clinics under the control of the state board 14 of regents for mobile and regional child health specialty 15 clinics. The university of Iowa hospitals and clinics shall 16 not receive an allocation for indirect costs from the funds for 17 this program. Priority shall be given to establishment and 18 maintenance of a statewide system of mobile and regional child 19 health specialty clinics. 20 5. The department of public health shall administer the 21 statewide maternal and child health program and the disabled 22 children’s program by conducting mobile and regional child 23 health specialty clinics and conducting other activities to 24 improve the health of low-income women and children and to 25 promote the welfare of children with actual or potential 26 handicapping conditions and chronic illnesses in accordance 27 with the requirements of Tit. V of the federal Social Security 28 Act. 29 Sec. 4. PREVENTIVE HEALTH AND HEALTH SERVICES 30 APPROPRIATIONS. 31 1. There is appropriated from the fund created by section 32 8.41 to the department of public health for the federal fiscal 33 year beginning October 1, 2010, and ending September 30, 2011, 34 the following amount: 35 -4- LSB 5603XG (14) 83 jp/tm 4/ 20
S.F. _____ H.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,114,623 1 Funds appropriated in this subsection are the funds 2 anticipated to be received from the federal government for 3 the designated federal fiscal year under 42 U.S.C., ch. 6A, 4 subch. XVII, part A, which provides for the preventive health 5 and health services block grant. The department shall expend 6 the funds appropriated in this subsection as provided in the 7 federal law making the funds available and in conformance with 8 chapter 17A. 9 2. Of the funds appropriated in subsection 1, an amount 10 not more than 10 percent shall be used by the department for 11 administrative expenses. 12 3. Of the funds appropriated in subsection 1, the specific 13 amount of funds stipulated by the notice of the block grant 14 award shall be allocated for services to victims of sex 15 offenses and for rape prevention education. 16 4. After deducting the funds allocated in subsections 2 and 17 3, the remaining funds appropriated in subsection 1 may be used 18 by the department for healthy people 2011/healthy Iowans 2011 19 program objectives, preventive health advisory committee, and 20 risk reduction services, including nutrition programs, health 21 incentive programs, chronic disease services, emergency medical 22 services, monitoring of the fluoridation program and start-up 23 fluoridation grants, and acquired immune deficiency syndrome 24 services. The moneys specified in this subsection shall not be 25 used by the university of Iowa hospitals and clinics or by the 26 state hygienic laboratory for the funding of indirect costs. 27 Sec. 5. STOP VIOLENCE AGAINST WOMEN GRANT PROGRAM 28 APPROPRIATION. 29 1. There is appropriated from the fund created by section 30 8.41 to the department of justice for the federal fiscal year 31 beginning October 1, 2010, and ending September 30, 2011, the 32 following amount: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,482,096 34 Funds appropriated in this subsection are the anticipated 35 -5- LSB 5603XG (14) 83 jp/tm 5/ 20
S.F. _____ H.F. _____ funds to be received from the federal government for the 1 designated fiscal year under 42 U.S.C., ch. 46, § 3796gg-1, 2 which provides for grants to combat violent crimes against 3 women. The department of justice shall expend the funds 4 appropriated in this subsection as provided in the federal law 5 making the funds available and in conformance with chapter 17A. 6 2. An amount not exceeding 10 percent of the funds 7 appropriated in subsection 1 shall be used by the department of 8 justice for administrative expenses. From the funds set aside 9 by this subsection for administrative expenses, the department 10 shall pay to the auditor of state an amount sufficient to pay 11 the cost of auditing the use and administration of the state’s 12 portion of the funds appropriated in subsection 1. 13 Sec. 6. RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE 14 PRISONERS FORMULA GRANT PROGRAM. There is appropriated from 15 the fund created by section 8.41 to the governor’s office of 16 drug control policy for the federal fiscal year beginning 17 October 1, 2010, and ending September 30, 2011, the following 18 amount: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 20 Funds appropriated in this section are the funds anticipated 21 to be received from the federal government for the designated 22 fiscal year under 42 U.S.C., ch. 46, subch. XII-G, which 23 provides grants for substance abuse treatment programs in state 24 and local correctional facilities. The drug policy coordinator 25 shall expend the funds appropriated in this section as provided 26 in federal law making the funds available and in conformance 27 with chapter 17A. 28 Sec. 7. EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT 29 PROGRAM APPROPRIATION. 30 1. There is appropriated from the fund created by section 31 8.41 to the governor’s office of drug control policy for the 32 federal fiscal year beginning October 1, 2010, and ending 33 September 30, 2011, the following amount: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,000,000 35 -6- LSB 5603XG (14) 83 jp/tm 6/ 20
S.F. _____ H.F. _____ Funds appropriated in this subsection are the anticipated 1 funds to be received from the federal government for the 2 designated fiscal year under 42 U.S.C., ch. 46, subch. V, which 3 provides for the Edward Byrne memorial justice assistance grant 4 program. The drug policy coordinator shall expend the funds 5 appropriated in this subsection as provided in the federal law 6 making the funds available and in conformance with chapter 17A. 7 2. An amount not exceeding 10 percent of the funds 8 appropriated in subsection 1 shall be used by the drug policy 9 coordinator for administrative expenses. From the funds set 10 aside by this subsection for administrative expenses, the 11 drug policy coordinator shall pay to the auditor of state an 12 amount sufficient to pay the cost of auditing the use and 13 administration of the state’s portion of the funds appropriated 14 in subsection 1. 15 Sec. 8. COMMUNITY SERVICES APPROPRIATIONS. 16 1. a. There is appropriated from the fund created by 17 section 8.41 to the division of community action agencies of 18 the department of human rights for the federal fiscal year 19 beginning October 1, 2010, and ending September 30, 2011, the 20 following amount: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,530,822 22 Funds appropriated in this subsection are the funds 23 anticipated to be received from the federal government for the 24 designated federal fiscal year under 42 U.S.C., ch. 106, which 25 provides for the community services block grant. The division 26 of community action agencies of the department of human rights 27 shall expend the funds appropriated in this subsection as 28 provided in the federal law making the funds available and in 29 conformance with chapter 17A. 30 b. The administrator of the division of community action 31 agencies of the department of human rights shall allocate 32 not less than 96 percent of the amount of the block grant to 33 eligible community action agencies for programs benefiting 34 low-income persons. Each eligible agency shall receive a 35 -7- LSB 5603XG (14) 83 jp/tm 7/ 20
S.F. _____ H.F. _____ minimum allocation of not less than $100,000. The minimum 1 allocation shall be achieved by redistributing increased 2 funds from agencies experiencing a greater share of available 3 funds. The funds shall be distributed on the basis of 4 the poverty-level population in the area represented by 5 the community action areas compared to the size of the 6 poverty-level population in the state. 7 2. An amount not exceeding 4 percent of the funds 8 appropriated in subsection 1 shall be used by the division of 9 community action agencies of the department of human rights 10 for administrative expenses. From the funds set aside by 11 this subsection for administrative expenses, the division of 12 community action agencies of the department of human rights 13 shall pay to the auditor of state an amount sufficient to pay 14 the cost of auditing the use and administration of the state’s 15 portion of the funds appropriated in subsection 1. The auditor 16 of state shall bill the division of community action agencies 17 for the costs of the audits. 18 Sec. 9. COMMUNITY DEVELOPMENT APPROPRIATIONS. 19 1. There is appropriated from the fund created by section 20 8.41 to the department of economic development for the federal 21 fiscal year beginning October 1, 2010, and ending September 30, 22 2011, the following amount: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 26,240,724 24 Funds appropriated in this subsection are the funds 25 anticipated to be received from the federal government for 26 the designated federal fiscal year under 42 U.S.C., ch. 69, 27 which provides for community development block grants. The 28 department of economic development shall expend the funds 29 appropriated in this subsection as provided in the federal law 30 making the funds available and in conformance with chapter 17A. 31 2. An amount not exceeding $1,149,628 for the federal fiscal 32 year beginning October 1, 2010, shall be used by the department 33 of economic development for administrative expenses for the 34 community development block grant. The total amount used for 35 -8- LSB 5603XG (14) 83 jp/tm 8/ 20
S.F. _____ H.F. _____ administrative expenses includes $624,814 for the federal 1 fiscal year beginning October 1, 2010, of funds appropriated 2 in subsection 1 and a matching contribution from the state 3 equal to $524,814 from the appropriation of state funds for the 4 community development block grant and state appropriations for 5 related activities of the department of economic development. 6 From the funds set aside for administrative expenses by this 7 subsection, the department of economic development shall pay 8 to the auditor of state an amount sufficient to pay the cost of 9 auditing the use and administration of the state’s portion of 10 the funds appropriated in subsection 1. The auditor of state 11 shall bill the department for the costs of the audit. 12 Sec. 10. LOW-INCOME HOME ENERGY ASSISTANCE APPROPRIATIONS. 13 1. There is appropriated from the fund created by section 14 8.41 to the division of community action agencies of the 15 department of human rights for the federal fiscal year 16 beginning October 1, 2010, and ending September 30, 2011, the 17 following amount: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 67,802,538 19 The funds appropriated in this subsection are the funds 20 anticipated to be received from the federal government for the 21 designated federal fiscal year under 42 U.S.C., ch. 94, subch. 22 II, which provides for the low-income home energy assistance 23 block grants. The division of community action agencies of the 24 department of human rights shall expend the funds appropriated 25 in this subsection as provided in the federal law making the 26 funds available and in conformance with chapter 17A. 27 2. Up to 15 percent of the amount appropriated in this 28 section that is actually received shall be used for residential 29 weatherization or other related home repairs for low-income 30 households. Of this allocation amount, not more than 10 31 percent may be used for administrative expenses. 32 3. After subtracting the allocation in subsection 2, up to 33 10 percent of the remainder is allocated for administrative 34 expenses of the low-income home energy assistance program of 35 -9- LSB 5603XG (14) 83 jp/tm 9/ 20
S.F. _____ H.F. _____ which $377,000 is allocated for administrative expenses of the 1 division. The costs of auditing the use and administration 2 of the portion of the appropriation in this section that is 3 retained by the state shall be paid from the amount allocated 4 in this subsection to the division. The auditor of state shall 5 bill the division for the audit costs. 6 4. The remainder of the appropriation in this section 7 following the allocations made in subsections 2 and 3, shall be 8 used to help eligible households as defined in 42 U.S.C., ch. 9 94, subch. II, to meet home energy costs. 10 5. Not more than 10 percent of the amount appropriated in 11 this section that is actually received may be carried forward 12 for use in the succeeding federal fiscal year. 13 6. Expenditures for assessment and resolution of 14 energy problems shall be limited to 5 percent of the amount 15 appropriated in this section that is actually received. 16 Sec. 11. SOCIAL SERVICES APPROPRIATIONS. 17 1. There is appropriated from the fund created by section 18 8.41 to the department of human services for the federal fiscal 19 year beginning October 1, 2010, and ending September 30, 2011, 20 the following amount: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,747,274 22 Funds appropriated in this subsection are the funds 23 anticipated to be received from the federal government for 24 the designated federal fiscal year under 42 U.S.C., ch. 25 7, subch. XX, which provides for the social services block 26 grant. The department of human services shall expend the funds 27 appropriated in this subsection as provided in the federal law 28 making the funds available and in conformance with chapter 17A. 29 2. Not more than $1,069,342 of the funds appropriated in 30 subsection 1 shall be used by the department of human services 31 for general administration. From the funds set aside in this 32 subsection for general administration, the department of human 33 services shall pay to the auditor of state an amount sufficient 34 to pay the cost of auditing the use and administration of the 35 -10- LSB 5603XG (14) 83 jp/tm 10/ 20
S.F. _____ H.F. _____ state’s portion of the funds appropriated in subsection 1. 1 3. In addition to the allocation for general administration 2 in subsection 2, the remaining funds appropriated in subsection 3 1 shall be allocated in the following amounts to supplement 4 appropriations for the federal fiscal year beginning October 5 1, 2010, for the following programs within the department of 6 human services: 7 a. Field operations: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,395,856 9 b. Child and family services: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 958,310 11 c. Local administrative costs and other local services: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 678,298 13 d. Volunteers: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 74,261 15 e. MH/MR/DD/BI community services (local purchase): 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,571,207 17 Sec. 12. SOCIAL SERVICES BLOCK GRANT PLAN. The department 18 of human services during each state fiscal year shall develop a 19 plan for the use of federal social services block grant funds 20 for the subsequent state fiscal year. 21 The proposed plan shall include all programs and services 22 at the state level which the department proposes to fund with 23 federal social services block grant funds, and shall identify 24 state and other funds which the department proposes to use to 25 fund the state programs and services. 26 The proposed plan shall also include all local programs and 27 services which are eligible to be funded with federal social 28 services block grant funds, the total amount of federal social 29 services block grant funds available for the local programs and 30 services, and the manner of distribution of the federal social 31 services block grant funds to the counties. The proposed plan 32 shall identify state and local funds which will be used to fund 33 the local programs and services. 34 The proposed plan shall be submitted with the department’s 35 -11- LSB 5603XG (14) 83 jp/tm 11/ 20
S.F. _____ H.F. _____ budget requests to the governor and the general assembly. 1 Sec. 13. PROJECTS FOR ASSISTANCE IN TRANSITION FROM 2 HOMELESSNESS. 3 1. Upon receipt of the minimum formula grant from 4 the federal substance abuse and mental health services 5 administration to provide mental health services for the 6 homeless, for the federal fiscal year beginning October 1, 7 2010, and ending September 30, 2011, the department of human 8 services shall assure that a project which receives funds under 9 the formula grant shall do all of the following: 10 a. Provide outreach and engagement to homeless individuals 11 at risk of homelessness and assesses those individuals for 12 serious mental illness. 13 b. Enroll those individuals with serious mental illness who 14 are willing to accept services through the project. 15 c. Provide case management to homeless persons. 16 d. Provide appropriate training to persons who provide 17 services to persons targeted by the grant. 18 e. Assure a local match share of 25 percent. 19 f. Refer homeless individuals and individuals at risk of 20 homelessness to primary health care, job training, educational 21 services, and relevant housing services. 22 2. A project may expend funds for community mental health 23 services, diagnostic services, crisis intervention services, 24 habilitation and rehabilitation services, substance abuse 25 services, supportive and supervisory services to homeless 26 persons living in residential settings that are not otherwise 27 supported, and housing services including minor renovation, 28 expansion, and repair of housing, security deposits, planning 29 of housing, technical assistance in applying for housing, 30 improving the coordination of housing services, the costs 31 associated with matching eligible homeless individuals with 32 appropriate housing, and one-time rental payments to prevent 33 eviction. 34 Sec. 14. CHILD CARE AND DEVELOPMENT APPROPRIATION. There 35 -12- LSB 5603XG (14) 83 jp/tm 12/ 20
S.F. _____ H.F. _____ is appropriated from the fund created by section 8.41 to the 1 department of human services for the federal fiscal year 2 beginning October 1, 2010, and ending September 30, 2011, the 3 following amount: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 43,635,455 5 Funds appropriated in this section are the funds anticipated 6 to be received from the federal government under 42 U.S.C., 7 ch. 105, subch. II-B, which provides for the child care and 8 development block grant. The department shall expend the funds 9 appropriated in this section as provided in the federal law 10 making the funds available and in conformance with chapter 17A. 11 Moneys appropriated in this section that remain unencumbered 12 or unobligated at the close of the fiscal year shall revert to 13 be available for appropriation for purposes of the child care 14 and development block grant in the succeeding fiscal year. 15 Sec. 15. PROCEDURE FOR REDUCED FEDERAL FUNDS. 16 1. If the funds received from the federal government for the 17 block grants specified in this Act are less than the amounts 18 appropriated, the funds actually received shall be prorated 19 by the governor for the various programs, other than for the 20 services to victims of sex offenses and for rape prevention 21 education under section 4, subsection 3, of this Act, for which 22 each block grant is available according to the percentages that 23 each program is to receive as specified in this Act. However, 24 if the governor determines that the funds allocated by the 25 percentages will not be sufficient to accomplish the purposes 26 of a particular program, or if the appropriation is not 27 allocated by percentage, the governor may allocate the funds in 28 a manner which will accomplish to the greatest extent possible 29 the purposes of the various programs for which the block grants 30 are available. 31 2. Before the governor implements the actions provided for 32 in subsection 1, the following procedures shall be taken: 33 a. The chairpersons and ranking members of the senate and 34 house standing committees on appropriations, the appropriate 35 -13- LSB 5603XG (14) 83 jp/tm 13/ 20
S.F. _____ H.F. _____ chairpersons and ranking members of subcommittees of those 1 committees, and the director of the legislative services agency 2 shall be notified of the proposed action. 3 b. The notice shall include the proposed allocations, 4 and information on the reasons why particular percentages or 5 amounts of funds are allocated to the individual programs, 6 the departments and programs affected, and other information 7 deemed useful. Chairpersons and ranking members notified shall 8 be allowed at least two weeks to review and comment on the 9 proposed action before the action is taken. 10 Sec. 16. PROCEDURE FOR INCREASED FEDERAL FUNDS. 11 1. If funds received from the federal government in the form 12 of block grants exceed the amounts appropriated in sections 1, 13 2, 3, 4, 7, 9, and 11 of this Act, the excess shall be prorated 14 to the appropriate programs according to the percentages 15 specified in those sections, except additional funds shall not 16 be prorated for administrative expenses. 17 2. If actual funds received from the federal government 18 from block grants exceed the amount appropriated in section 10 19 of this Act for the low-income home energy assistance program, 20 not more than 10 percent of the excess may be allocated to the 21 low-income residential weatherization program and not more than 22 15 percent of the excess may be used for administrative costs. 23 3. If funds received from the federal government from 24 community services block grants exceed the amount appropriated 25 in section 8 of this Act, 100 percent of the excess is 26 allocated to the community services block grant program. 27 Sec. 17. PROCEDURE FOR EXPENDITURE OF ADDITIONAL FEDERAL 28 FUNDS. If other federal grants, receipts, and funds and other 29 nonstate grants, receipts, and funds become available or are 30 awarded which are not available or awarded during the period 31 in which the general assembly is in session, but which require 32 expenditure by the applicable department or agency prior 33 to March 15 of the fiscal year beginning July 1, 2010, and 34 ending June 30, 2011, these grants, receipts, and funds are 35 -14- LSB 5603XG (14) 83 jp/tm 14/ 20
S.F. _____ H.F. _____ appropriated to the extent necessary, provided that the fiscal 1 committee of the legislative council is notified within thirty 2 days of receipt of the grants, receipts, or funds and the 3 fiscal committee of the legislative council has an opportunity 4 to comment on the expenditure of the grants, receipts, or 5 funds. 6 Sec. 18. OTHER GRANTS, RECEIPTS, AND FUNDS. Federal grants, 7 receipts, and funds and other nonstate grants, receipts, 8 and funds, available in whole or in part of the fiscal 9 year beginning July 1, 2010, and ending June 30, 2011, are 10 appropriated to the following departments and agencies that are 11 designated by and for the purposes set forth in the grants, 12 receipts, or conditions accompanying the receipt of the funds, 13 unless otherwise provided by law: 14 1. Department of administrative services. 15 2. Department on aging. 16 3. Department of agriculture and land stewardship. 17 4. Office of auditor of state. 18 5. Department for the blind. 19 6. Iowa state civil rights commission. 20 7. College student aid commission. 21 8. Department of commerce. 22 9. Department of corrections. 23 10. Department of cultural affairs. 24 11. Department of economic development. 25 12. Department of education. 26 13. Office of energy independence. 27 14. Iowa ethics and campaign disclosure board. 28 15. Iowa finance authority. 29 16. Offices of the governor and lieutenant governor. 30 17. Governor’s office of drug control policy. 31 18. Department of human rights. 32 19. Department of human services. 33 20. Department of inspections and appeals. 34 21. Judicial branch. 35 -15- LSB 5603XG (14) 83 jp/tm 15/ 20
S.F. _____ H.F. _____ 22. Department of justice. 1 23. Iowa law enforcement academy. 2 24. Department of management. 3 25. Department of natural resources. 4 26. Board of parole. 5 27. Department of public defense. 6 28. Public employment relations board. 7 29. Department of public health. 8 30. Department of public safety. 9 31. State board of regents. 10 32. Department of revenue. 11 33. Office of secretary of state. 12 34. Iowa state fair authority. 13 35. Office for state-federal relations. 14 36. Iowa telecommunications and technology commission. 15 37. Office of treasurer of state. 16 38. Department of transportation. 17 39. Department of veterans affairs. 18 40. Department of workforce development. 19 DIVISION II 20 FEDERAL AMERICAN RECOVERY AND 21 REINVESTMENT ACT OF 2009 FUNDING 22 Sec. 19. APPLICABILITY OF APPROPRIATIONS —— TRANSFERS —— 23 UNANTICIPATED FUNDS. 24 1. a. The appropriations of available federal grants, 25 receipts, and funds made to the departments and agencies 26 in division I of this Act do not apply to the federal 27 funding available through the federal American Recovery and 28 Reinvestment Act of 2009 for the fiscal years addressed by 29 the federal Act or to additional, unanticipated funding from 30 federal law enacted after the effective date of this division 31 of this Act. 32 b. However, if it is determined by the department of 33 management, with the written consent of the governor, that 34 federal grants, receipts, and funds available through the 35 -16- LSB 5603XG (14) 83 jp/tm 16/ 20
S.F. _____ H.F. _____ federal American Recovery and Reinvestment Act of 2009 are 1 needed and are available without any match requirement and 2 have not been appropriated in this division of this Act or 3 are provided through federal match of state or local funds 4 that have been appropriated, the appropriations described in 5 paragraph “a” shall apply. 6 2. The department of management, with the written consent 7 and approval of the governor, may exercise the transfer 8 authority authorized in section 8.39, to transfer any of 9 the appropriations made in this division of this Act to 10 appropriations made from the general fund of the state for the 11 fiscal year beginning July 1, 2010, provided the transfer is 12 made within the same fiscal year. Any such transfer is subject 13 to the notice provisions of section 8.39, subsection 3. 14 Sec. 20. FEDERAL RECOVERY AND REINVESTMENT FUND 15 APPROPRIATIONS —— FY 2010-2011. There is appropriated from 16 the federal recovery and reinvestment fund created in section 17 8.41A, to the department of management for the fiscal year 18 beginning July 1, 2010, and ending June 30, 2011, the following 19 amounts, or so much thereof as is necessary, to be used for the 20 purposes designated: 21 1. From funding designated for education stabilization: 22 For state foundation aid to schools, to be used as provided 23 in this subsection for state foundation aid to schools in 24 accordance with section 257.16, subsection 1: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,343,000 26 a. The appropriation made in this subsection is in lieu of 27 an equal amount of the appropriation made from the general fund 28 of the state for the fiscal year beginning July 1, 2010, and 29 ending June 30, 2011, pursuant to section 257.16, and shall be 30 used to pay that part of state foundation aid which represents 31 the allowable growth amounts for all school districts under 32 section 257.8, subsection 1. 33 b. For purposes of distributing the appropriation made in 34 this subsection to school districts, the distribution amount 35 -17- LSB 5603XG (14) 83 jp/tm 17/ 20
S.F. _____ H.F. _____ shall be calculated equally in the monthly payment to each 1 school district in the same ratio that the weighted enrollment, 2 determined in accordance with section 257.6, subsection 5, of 3 the school district for the budget year beginning July 1, 2010, 4 bears to the total weighted enrollment of all school districts 5 in the state for that budget year. 6 2. From funding designated for government stabilization: 7 For state foundation aid to schools, to be used as provided 8 in this subsection for state foundation aid to schools in 9 accordance with section 257.16, subsection 1: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 22,604,797 11 a. The appropriation made in this subsection is in lieu of 12 an equal amount of the appropriation made from the general fund 13 of the state for the fiscal year beginning July 1, 2010, and 14 ending June 30, 2011, pursuant to section 257.16, and shall be 15 used to pay that part of state foundation aid which represents 16 the allowable growth amounts for all school districts under 17 section 257.8, subsection 1. 18 b. For purposes of distributing the appropriation made in 19 this subsection to school districts, the distribution amount 20 shall be calculated equally in the monthly payment to each 21 school district in the same ratio that the weighted enrollment, 22 determined in accordance with section 257.6, subsection 5, of 23 the school district for the budget year beginning July 1, 2010, 24 bears to the total weighted enrollment of all school districts 25 in the state for that budget year. 26 Sec. 21. COMMUNITY DEVELOPMENT BLOCK GRANT —— AMERICAN 27 RECOVERY AND REINVESTMENT ACT. 28 1. There is appropriated from the fund created by section 29 8.41A to the department of economic development for the federal 30 fiscal year beginning October 1, 2008, and ending September 30, 31 2009, the following amount: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,014,352 33 2. The funds appropriated in this section are federal 34 community development block grant funds awarded to the state 35 -18- LSB 5603XG (14) 83 jp/tm 18/ 20
S.F. _____ H.F. _____ under the federal American Recovery and Reinvestment Act of 1 2009, Pub. L. No. 111-5. 2 3. The department of economic development shall expend 3 the funds appropriated in this section for infrastructure 4 improvements that modernize infrastructure, improve energy 5 efficiency, and expand educational opportunities and access to 6 health care, as provided in the federal law and in conformance 7 with chapter 17A. An amount not to exceed 6 percent of the 8 funds appropriated in this section shall be used by the 9 department for administrative expenses. From the funds set 10 aside for administrative expenses, the department shall pay to 11 the auditor of state an amount sufficient to pay the cost of 12 auditing the use and administration of the state’s portion of 13 the funds appropriated in this section. 14 4. This section is retroactively applicable to October 1, 15 2008. 16 Sec. 22. COMMUNITY DEVELOPMENT BLOCK GRANT —— DISASTER 17 RELIEF. 18 1. There is appropriated from the fund created by section 19 8.41 to the department of economic development for the federal 20 fiscal year beginning October 1, 2007, and ending September 30, 21 2008, the following amount: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $516,713,868 23 2. The funds appropriated in this section are federal 24 community development block grant funds awarded to the state 25 under the federal Consolidated Security, Disaster Assistance, 26 and Continuing Appropriations Act, 2009, Pub. L. No. 110-329. 27 3. The department of economic development shall expend 28 the funds appropriated in this section for disaster relief, 29 long-term recovery, and restoration of infrastructure as 30 provided in the federal law making the funds available and 31 in conformance with chapter 17A. An amount not to exceed 3 32 percent of the funds appropriated in this section shall be used 33 by the department for administrative expenses. From the funds 34 set aside for administrative expenses, the department shall pay 35 -19- LSB 5603XG (14) 83 jp/tm 19/ 20
S.F. _____ H.F. _____ to the auditor of state an amount sufficient to pay the cost of 1 auditing the use and administration of the state’s portion of 2 the funds appropriated in this section. 3 4. If the actual federal funding received is less than 4 or greater than the amount appropriated in this section, the 5 procedures specified in 2007 Iowa Acts, chapter 204, section 16 6 or 17, are applicable. 7 5. This section is retroactively applicable to October 1, 8 2007. 9 Sec. 23. EFFECTIVE UPON ENACTMENT. This division of this 10 Act, being deemed of immediate importance, takes effect upon 11 enactment. 12 EXPLANATION 13 This bill appropriates for the 2010-2011 federal fiscal year 14 which begins October 1, 2010, block grants available from the 15 federal government and provides procedures for increasing or 16 decreasing the appropriations if the block grants are increased 17 or decreased. 18 The bill is organized into two divisions. The first division 19 makes appropriations for federal and state fiscal years 20 2010-2011 of recurring federal block grants and other nonstate 21 funds other than the federal funding available through the 22 federal American Recovery and Reinvestment Act of 2009 (ARRA). 23 Division II appropriates ARRA funding available for state 24 fiscal year 2010-2011. 25 Two provisions make appropriations relating to federal 26 community development block grant funding. The first provision 27 applies to federal FY 2008-2009 and the funding source is ARRA. 28 The second provision applies to federal FY 2007-2008 and the 29 funding source is the federal consolidated security, disaster 30 assistance, and continuing appropriation Act, 2009. Both of 31 the provisions are retroactively applicable. 32 The division takes effect upon enactment. 33 -20- LSB 5603XG (14) 83 jp/tm 20/ 20