Senate Study Bill 3258 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON APPROPRIATIONS BILL BY CHAIRPERSON DVORSKY) 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 6280XC (12) 83 rh/tm
S.F. _____ DIVISION I 1 REBUILD IOWA INFRASTRUCTURE FUND 2 Section 1. There is appropriated from the rebuild Iowa 3 infrastructure fund to the following departments and agencies 4 for the fiscal year beginning July 1, 2010, and ending June 5 30, 2011, the following amounts, or so much thereof as is 6 necessary, to be used for the purposes designated: 7 1. DEPARTMENT OF ADMINISTRATIVE SERVICES 8 a. For distribution to other governmental entities for 9 the payment of services related to the integrated information 10 for Iowa system, notwithstanding section 8.57, subsection 6, 11 paragraph “c”: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,700,000 13 Moneys appropriated in this lettered paragraph shall be 14 separately accounted for in a distribution account and shall be 15 distributed to other governmental entities based upon a formula 16 established by the department to pay for services associated 17 with the integrated information for Iowa system provided during 18 the fiscal year by the department. 19 During the fiscal year, the department may use up to 20 $1,000,000 of unexpended or unobligated funds in the 21 information technology operations fund established under the 22 provisions of section 8A.123 to provide funding for costs 23 associated with the integrated information for Iowa system. By 24 October 31, 2011, the department shall report to the department 25 of management and the legislative services agency regarding any 26 moneys that are used for this purpose. 27 b. For costs associated with Mercy capitol hospital 28 building operations, notwithstanding section 8.57, subsection 29 6, paragraph “c”: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,083,175 31 Moneys appropriated in this paragraph shall not be used 32 for purposes of the renovation of the Mercy capitol hospital 33 building. 34 c. For the state’s share of support in conjunction with 35 -1- LSB 6280XC (12) 83 rh/tm 1/ 77
S.F. _____ the city of Des Moines and local area businesses to provide 1 a free shuttle service to the citizens of Iowa that includes 2 transportation between the capitol complex and the downtown 3 Des Moines area, notwithstanding section 8.57, subsection 6, 4 paragraph “c”: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,000 6 Details for the shuttle service, including the route to 7 be served, shall be determined pursuant to an agreement to 8 be entered into by the department with the Des Moines area 9 regional transit authority (DART) and any other participating 10 entities. 11 Of the amount appropriated in this lettered paragraph, up to 12 $50,000 shall be used to encourage state employees to utilize 13 transit services provided by the Des Moines area regional 14 transit authority. 15 2. DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP 16 For the administration of the watershed improvement review 17 board established in section 466A.3, notwithstanding section 18 8.57, subsection 6, paragraph “c”: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 20 3. DEPARTMENT FOR THE BLIND 21 For costs associated with universal access to audio 22 information over the phone on demand for blind and print 23 handicapped Iowans, notwithstanding section 8.57, subsection 24 6, paragraph “c”: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,000 26 4. DEPARTMENT OF CULTURAL AFFAIRS 27 a. For continuation of the project recommended by the Iowa 28 battle flag advisory committee to stabilize the condition of 29 the battle flag collection, notwithstanding section 8.57, 30 subsection 6, paragraph “c”: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 60,000 32 b. For purposes of maintenance and repairs of historic 33 sites: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 40,000 35 -2- LSB 6280XC (12) 83 rh/tm 2/ 77
S.F. _____ 5. DEPARTMENT OF ECONOMIC DEVELOPMENT 1 a. For deposit in the workforce training and economic 2 development funds for each community college in section 3 260C.18A, notwithstanding section 8.57, subsection 6, paragraph 4 “c”: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 6 b. To the 6th avenue corridor for improvements to the 7 streetscape associated with the national mainstreet conference 8 and for additional architectural and engineering design 9 plans for economic development and community revitalization, 10 notwithstanding section 8.57, subsection 6, paragraph “c”: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 12 c. To develop site plans for the southeast Iowa regional 13 economic and port authority including plans for infrastructure 14 for economic development, notwithstanding section 8.57, 15 subsection 6, paragraph “c”: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 17 d. For equal distribution to regional sports authority 18 districts certified by the department pursuant to section 19 15E.321, notwithstanding section 8.57, subsection 6, paragraph 20 “c”: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 22 e. For administration and support of the world food prize 23 including the Borlaug/Ruan scholar program, notwithstanding 24 section 8.57, subsection 6, paragraph “c”: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 26 6. DEPARTMENT OF EDUCATION 27 To provide resources for structural and technological 28 improvements to local libraries and for the enrich Iowa 29 program, notwithstanding section 8.57, subsection 6, paragraph 30 “c”: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 32 Of the moneys appropriated in this subsection, $50,000 shall 33 be allocated equally to each library service area. 34 7. DEPARTMENT OF NATURAL RESOURCES 35 -3- LSB 6280XC (12) 83 rh/tm 3/ 77
S.F. _____ a. For floodplain management and dam safety, 1 notwithstanding section 8.57, subsection 6, paragraph “c”: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 3 Of the amounts appropriated in this lettered paragraph, 4 up to $400,000 is authorized for steam gages to be used 5 for tracking and predicting flood events and for compiling 6 necessary data relating to flood frequency analysis. 7 b. For costs associated with the construction of a permanent 8 structure for handicapped persons and senior citizens in a 9 county with a population between 37,150 and 37,250: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 40,000 11 c. For costs associated with the hiring and employment of an 12 asset manager at Honey creek resort state park, notwithstanding 13 section 8.57, subsection 6, paragraph “c”: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 15 The department shall issue a request for proposals to 16 competitively procure the services of an asset manager which 17 shall be selected by the natural resource commission. The 18 asset manager shall have hospitality management experience 19 of at least five years including at least three years asset 20 management experience in a setting similar in size and quality 21 to the Honey creek resort state park with a similar type of 22 market. The duties and job responsibilities of the asset 23 manager shall include but are not limited to reviewing and 24 commenting on the resort’s sales and marketing plan, providing 25 for the operation of the resort in a manner consistent with 26 the requirements and limitations set forth in the resort’s 27 operating agreement, monitoring and supervising the resort 28 including site visits, and negotiating and recommending an 29 annual operating budget and budget plan. The asset manager 30 shall report to bond counsel, the governor, the Honey creek 31 authority, the department of natural resources, and the 32 legislative services agency. 33 8. DEPARTMENT OF PUBLIC DEFENSE 34 a. For major maintenance projects at national guard 35 -4- LSB 6280XC (12) 83 rh/tm 4/ 77
S.F. _____ armories and facilities: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,500,000 2 b. For renovation and facility improvements at the Iowa 3 Falls readiness center: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 5 c. For renovation and facility improvements at the Cedar 6 Rapids armed forces readiness center: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,000 8 d. For renovation and facility improvements at the 9 Middletown readiness center: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 11 9. DEPARTMENT OF PUBLIC HEALTH 12 For a grant to an existing national affiliated volunteer eye 13 organization that has an established program for children and 14 adults and that is solely dedicated to preserving sight and 15 preventing blindness through education, nationally certified 16 vision screening and training, community and patient service 17 programs, notwithstanding section 8.57, subsection 6, paragraph 18 “c”: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 20 10. IOWA FINANCE AUTHORITY 21 For transfer to the Polk county housing trust fund for the 22 construction of facilities to meet the specialized needs of 23 adult persons with severe and profound disabilities who have 24 high medical needs: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 26 11. STATE BOARD OF REGENTS 27 a. For allocation by the state board of regents to the 28 state university of Iowa, the Iowa state university of 29 science and technology, and the university of northern Iowa to 30 reimburse the institutions for deficiencies in the operating 31 funds resulting from the pledging of tuition, student fees 32 and charges, and institutional income to finance the cost of 33 providing academic and administrative buildings and facilities 34 and utility services at the institutions, notwithstanding 35 -5- LSB 6280XC (12) 83 rh/tm 5/ 77
S.F. _____ section 8.57, subsection 6, paragraph “c”: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 24,305,412 2 b. For the Iowa flood center at the state university of Iowa 3 for use by the university’s college of engineering, pursuant 4 to section 466C.1, notwithstanding section 8.57, subsection 6, 5 paragraph “c”: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,300,000 7 c. To Iowa state university of science and technology to 8 purchase veterinary surgical and other equipment to modernize 9 the animal care facilities at the blank park zoo as part of 10 a cooperative effort of blank park zoo and the college of 11 veterinary medicine, notwithstanding section 8.57, subsection 12 6, paragraph “c”: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 400,000 14 12. TREASURER OF STATE 15 For county fair infrastructure improvements for distribution 16 in accordance with chapter 174 to qualified fairs which belong 17 to the association of Iowa fairs: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,060,000 19 13. DEPARTMENT OF TRANSPORTATION 20 For infrastructure improvements at general aviation airports 21 within the state: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 750,000 23 14. DEPARTMENT OF VETERANS AFFAIRS 24 For transfer to the Iowa finance authority for the 25 continuation of the home ownership assistance program for 26 persons who are or were eligible members of the armed forces of 27 the United States, pursuant to section 16.54, notwithstanding 28 section 8.57, subsection 6, paragraph “c”: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 30 Sec. 2. There is appropriated from the rebuild Iowa 31 infrastructure fund to the following departments and agencies 32 for the following fiscal years, the following amounts, or so 33 much thereof as is necessary, to be used for the purposes 34 designated: 35 -6- LSB 6280XC (12) 83 rh/tm 6/ 77
S.F. _____ 1. DEPARTMENT OF CORRECTIONS 1 For project management costs at Fort Madison and 2 Mitchellville prison, associated with construction projects at 3 the department, notwithstanding section 8.57, subsection 6, 4 paragraph “c”: 5 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,500,000 6 FY 2012-2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 7 FY 2013-2014 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,000 8 2. DEPARTMENT OF NATURAL RESOURCES 9 For state park infrastructure improvements: 10 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 11 FY 2012-2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 12 FY 2013-2014 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 13 FY 2014-2015 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 14 Sec. 3. REVERSION. For purposes of section 8.33, unless 15 specifically provided otherwise, unencumbered or unobligated 16 moneys made from an appropriation in this division of this Act 17 shall not revert but shall remain available for expenditure for 18 the purposes designated until the close of the fiscal year that 19 ends three years after the end of the fiscal year for which the 20 appropriation was made. However, if the project or projects 21 for which such appropriation was made are completed in an 22 earlier fiscal year, unencumbered or unobligated moneys shall 23 revert at the close of that same fiscal year. 24 DIVISION II 25 TECHNOLOGY REINVESTMENT FUND 26 Sec. 4. There is appropriated from the technology 27 reinvestment fund created in section 8.57C to the following 28 departments and agencies for the fiscal year beginning July 29 1, 2010, and ending June 30, 2011, the following amounts, or 30 so much thereof as is necessary, to be used for the purposes 31 designated: 32 1. DEPARTMENT OF ADMINISTRATIVE SERVICES 33 For technology improvement projects: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,793,654 35 -7- LSB 6280XC (12) 83 rh/tm 7/ 77
S.F. _____ 2. DEPARTMENT OF CORRECTIONS 1 For costs associated with the Iowa corrections offender 2 network data system: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 4 3. DEPARTMENT OF EDUCATION 5 a. For maintenance and lease costs associated with 6 connections for Part III of the Iowa communications network: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,727,000 8 b. For the implementation of an educational data warehouse 9 that will be utilized by teachers, parents, school district 10 administrators, area education agency staff, department of 11 education staff, and policymakers: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 600,000 13 The department may use a portion of the moneys appropriated 14 in this lettered paragraph for an e-transcript data system 15 capable of tracking students throughout their education via 16 interconnectivity with multiple schools. 17 4. DEPARTMENT OF PUBLIC HEALTH 18 For deposit in the county mental health, mental retardation, 19 and developmental disabilities services fund created by section 20 331.424A in a county with a population over 350,000 for a 21 community mental health center created under chapter 230A which 22 serves only adults: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 24 5. IOWA TELECOMMUNICATIONS AND TECHNOLOGY COMMISSION 25 For replacement of equipment for the Iowa communications 26 network: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,244,956 28 The commission may continue to enter into contracts pursuant 29 to section 8D.13 for the replacement of equipment and for 30 operations and maintenance costs of the network. 31 In addition to moneys appropriated in this subsection, 32 the commission may use a financing agreement entered into by 33 the treasurer of state in accordance with section 12.28 for 34 the replacement of equipment for the network. For purposes 35 -8- LSB 6280XC (12) 83 rh/tm 8/ 77
S.F. _____ of this subsection, the treasurer of state is not subject to 1 the maximum principal limitation contained in section 12.28, 2 subsection 6. Repayment of any amounts financed shall be made 3 from receipts associated with fees charged for use of the 4 network. 5 Sec. 5. REVERSION. For purposes of section 8.33, unless 6 specifically provided otherwise, unencumbered or unobligated 7 moneys made from an appropriation in this division of this Act 8 shall not revert but shall remain available for expenditure for 9 the purposes designated until the close of the fiscal year that 10 ends three years after the end of the fiscal year for which the 11 appropriation was made. However, if the project or projects 12 for which such appropriation was made are completed in an 13 earlier fiscal year, unencumbered or unobligated moneys shall 14 revert at the close of that same fiscal year. 15 DIVISION III 16 REVENUE BONDS CAPITALS FUND —— APPROPRIATIONS 17 Sec. 6. There is appropriated from the revenue bonds 18 capitals fund created in section 12.88, to the following 19 departments and agencies for the fiscal year beginning July 20 1, 2010, and ending June 30, 2011, the following amounts, or 21 so much thereof as is necessary, to be used for the purposes 22 designated: 23 1. DEPARTMENT OF ADMINISTRATIVE SERVICES 24 For projects related to major repairs and major maintenance 25 for state buildings and facilities: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,000,000 27 Moneys appropriated in this subsection shall not be used 28 for purposes of the renovation of the Mercy capitol hospital 29 building. 30 2. DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP 31 a. To the soil conservation division of the department 32 established in section 161A.4 to provide financial assistance 33 for the establishment of permanent soil and water conservation 34 practices: 35 -9- LSB 6280XC (12) 83 rh/tm 9/ 77
S.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 1 b. Not more than 5 percent of the moneys appropriated 2 in paragraph “a” may be allocated for cost sharing to abate 3 complaints filed under section 161A.47. 4 c. Of the moneys appropriated in paragraph “a”, 5 percent 5 shall be allocated for financial incentives to establish 6 practices to protect watersheds above publicly owned lakes of 7 the state from soil erosion and sediment as provided in section 8 161A.73. 9 d. Not more than 30 percent of a soil and water conservation 10 district’s allocation of moneys as financial incentives may be 11 provided for the purpose of establishing management practices 12 to control soil erosion on land that is row cropped, including 13 but not limited to no-till planting, ridge-till planting, 14 contouring, and contour strip-cropping as provided in section 15 161A.73. 16 e. The state soil conservation committee created in section 17 161A.4 may allocate moneys appropriated in paragraph “a” 18 to conduct research and demonstration projects to promote 19 conservation tillage and nonpoint source pollution control 20 practices. 21 f. The allocation of moneys as financial incentives as 22 provided in section 161A.73 may be used in combination with 23 moneys allocated by the department of natural resources. 24 g. Moneys appropriated in this subsection shall not be used 25 for administrative or planning purposes. 26 3. DEPARTMENT OF CULTURAL AFFAIRS 27 For grants for Iowa great places program projects: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 29 4. DEPARTMENT OF CORRECTIONS 30 a. For one-time costs associated with the opening of 31 community-based corrections facilities including the purchase 32 of equipment: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,519,048 34 b. For use by a city with a population between 198,000 and 35 -10- LSB 6280XC (12) 83 rh/tm 10/ 77
S.F. _____ 199,000 for a safety barrier to be constructed in the natural 1 environment between the fifth judicial district facility and 2 the blank park zoo: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 4 c. For project management costs at Fort Madison and 5 Mitchellville prisons associated with construction projects at 6 the department: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,200,000 8 5. DEPARTMENT OF NATURAL RESOURCES 9 For implementation of lake projects that have established 10 watershed improvement initiatives and community support in 11 accordance with the department’s annual lake restoration plan 12 and report: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,000,000 14 Of the amount appropriated in this subsection, $250,000 15 shall be allocated for dredging, reconstruction, and related 16 improvements of twin ponds adjacent to a nature center in a 17 county with a population between 13,050, and 13,100. 18 Of the amount appropriated in this subsection, $2,000,000 19 shall be allocated for costs associated with dam construction; 20 shoreline protection; boat ramp, parking, and road 21 construction; and an in-lake fishing habitat development 22 project for a new state recreation area on a lake located in a 23 county with a population between 155,000 and 160,000. 24 6. STATE BOARD OF REGENTS 25 For phase II of the construction and renovation of the 26 veterinary medical facilities at Iowa state university of 27 science and technology, specifically the renovation and 28 modernization of the area formerly occupied by the large animal 29 area of the teaching hospital for expanded clinical services: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,000,000 31 7. IOWA STATE FAIR 32 For infrastructure improvements to the Iowa state 33 fairgrounds including but not limited to the construction of an 34 agricultural exhibition center on the Iowa state fairgrounds: 35 -11- LSB 6280XC (12) 83 rh/tm 11/ 77
S.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,500,000 1 8. IOWA FINANCE AUTHORITY 2 For grants for purposes of the housing trust fund created in 3 section 16.181: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 5 Sec. 7. TAX-EXEMPT STATUS —— USE OF APPROPRIATIONS. 6 1. Payment of moneys from the appropriations in this 7 division of this Act shall be made in a manner that does not 8 adversely affect the tax-exempt status of any outstanding bonds 9 issued by the treasurer of state. 10 2. Payment of moneys from the appropriations in this 11 division of this Act shall not be used for administrative or 12 planning purposes. 13 Sec. 8. REVERSION. For purposes of section 8.33, unless 14 specifically provided otherwise, unencumbered or unobligated 15 moneys made from an appropriation in this division of this Act 16 shall not revert but shall remain available for expenditure for 17 the purposes designated until the close of the fiscal year that 18 ends three years after the end of the fiscal year for which the 19 appropriation was made. However, if the project or projects 20 for which such appropriation was made are completed in an 21 earlier fiscal year, unencumbered or unobligated moneys shall 22 revert at the close of that same fiscal year. 23 DIVISION IV 24 REVENUE BONDS CAPITALS II FUND —— APPROPRIATIONS 25 Sec. 9. NEW SECTION . 12.88A Revenue bonds capitals II fund. 26 1. A revenue bonds capitals II fund is created and 27 established as a separate and distinct fund in the state 28 treasury. The treasurer of state shall act as custodian of the 29 fund and disburse moneys contained in the fund. 30 2. Revenue for the revenue bonds capitals II fund shall 31 include but is not limited to the following, which shall be 32 deposited with the treasurer of state or the treasurer of 33 state’s designee as provided by any bond or security documents 34 and credited to the fund: 35 -12- LSB 6280XC (12) 83 rh/tm 12/ 77
S.F. _____ a. The net proceeds of bonds issued after July 1, 2010, 1 pursuant to section 12.87 other than bonds issued for the 2 purpose of refunding such bonds, and investment earnings on the 3 net proceeds. 4 b. Interest attributable to investment of moneys in the fund 5 or an account of the fund. 6 c. Moneys in the form of a devise, gift, bequest, donation, 7 federal or other grant, reimbursement, repayment, judgment, 8 transfer, payment, or appropriation from any source intended to 9 be used for the purposes of the fund. 10 3. Moneys in the revenue bonds capitals II fund are not 11 subject to section 8.33. Notwithstanding section 12C.7, 12 subsection 2, interest or earnings on moneys in the fund shall 13 be credited to the fund. 14 4. Annually, on or before January 15 of each year, a state 15 agency that received an appropriation from the revenue bonds 16 capitals II fund shall report to the legislative services 17 agency and the department of management the status of all 18 projects completed or in progress. The report shall include 19 a description of the project, the work completed, the total 20 estimated cost of the project, a list of all revenue sources 21 being used to fund the project, the amount of funds expended, 22 the amount of funds obligated, and the date the project was 23 completed or an estimated completion date of the project, where 24 applicable. 25 Sec. 10. There is appropriated from the revenue bonds 26 capitals II fund created in section 12.88A to the following 27 departments and agencies for the fiscal year beginning July 28 1, 2010, and ending June 30, 2011, the following amounts, or 29 so much thereof as is necessary, to be used for the purposes 30 designated: 31 1. DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP 32 a. To the soil conservation division of the department 33 established in section 161A.4 to provide financial assistance 34 for the establishment of permanent soil and water conservation 35 -13- LSB 6280XC (12) 83 rh/tm 13/ 77
S.F. _____ practices: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,950,000 2 (1) Not more than 5 percent of the moneys appropriated in 3 this paragraph “a” may be allocated for cost sharing to abate 4 complaints filed under section 161A.47. 5 (2) Of the moneys appropriated in this paragraph “a”, 6 5 percent shall be allocated for financial incentives to 7 establish practices to protect watersheds above publicly owned 8 lakes of the state from soil erosion and sediment as provided 9 in section 161A.73. 10 (3) Not more than 30 percent of a soil and water 11 conservation district’s allocation of moneys as financial 12 incentives may be provided for the purpose of establishing 13 management practices to control soil erosion on land that is 14 row cropped, including but not limited to no-till planting, 15 ridge-till planting, contouring, and contour strip-cropping as 16 provided in section 161A.73. 17 (4) The state soil conservation committee created in 18 section 161A.4 may allocate moneys appropriated in paragraph 19 “a” to conduct research and demonstration projects to promote 20 conservation tillage and nonpoint source pollution control 21 practices. 22 (5) The allocation of moneys as financial incentives as 23 provided in section 161A.73 may be used in combination with 24 moneys allocated by the department of natural resources. 25 (6) Moneys appropriated in this paragraph “a” shall not be 26 used for administrative or planning purposes. 27 b. For grants under the conservation reserve enhancement 28 program to improve water quality and intercept nitrates: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,500,000 30 2. DEPARTMENT OF ECONOMIC DEVELOPMENT 31 a. For deposit into the community attraction and tourism 32 fund created in section 15F.204: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,000,000 34 b. For deposit into the river enhancement community 35 -14- LSB 6280XC (12) 83 rh/tm 14/ 77
S.F. _____ attraction and tourism fund created in section 15F.205: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,000,000 2 Moneys appropriated for grants awarded in paragraphs “a” and 3 “b” shall be used to assist communities in the development and 4 creation of multiple purpose attractions or community service 5 facilities for public use. 6 c. For accelerated career education program capital 7 projects at community colleges that are authorized under 8 chapter 260G and that meet the definition of vertical 9 infrastructure in section 8.57, subsection 6, paragraph “c”: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,500,000 11 d. For the main street Iowa program to be used as grants 12 for projects that have previously applied for funding 13 consideration, or have received partial funding for facade 14 master plans to rehabilitate storefronts in main street Iowa 15 districts, to complete streetscape projects where planning 16 and the majority of funding is already secured, for unfunded 17 main street challenge grant projects, and for other building 18 rehabilitation projects that are currently on the department’s 19 highest priority list: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,450,000 21 Moneys appropriated in this lettered paragraph shall not be 22 used for administration or planning purposes. 23 Of the amount appropriated in this lettered paragraph, 24 $300,000 shall be allocated to a city with a population between 25 25,100 and 25,200 in the last preceding certified federal 26 census for a redevelopment project that includes improvements 27 and modifications to streets and storm sewers in both the 28 downtown and mall areas of the city. 29 3. DEPARTMENT OF EDUCATION 30 For major renovation and major repair needs, including 31 health, life, and fire safety needs and for compliance with the 32 federal Americans with Disabilities Act, for state buildings 33 and facilities under the purview of the community colleges: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 35 -15- LSB 6280XC (12) 83 rh/tm 15/ 77
S.F. _____ 4. IOWA FINANCE AUTHORITY 1 a. For disaster relief and mitigation renovation and 2 construction projects: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,600,000 4 The moneys appropriated in this paragraph “a” shall be 5 allocated as follows: 6 (1) To a county with a population between 189,000 and 7 196,000 in the last preceding certified federal census, for all 8 of the following projects: 9 (a) For the renovation and expansion of an administrative 10 office building: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,400,000 12 (b) For the construction of an economic commerce building: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,200,000 14 (2) To a city with a population between 120,500 and 120,800 15 in the last preceding certified federal census, for the 16 following projects: 17 (a) For renovation of an existing public building to make 18 the building useful for city department offices: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,400,000 20 (b) For construction of a flood wall around an existing 21 courthouse: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 23 (3) To a city with a population between 29,100 and 29,200 24 in the last preceding certified federal census, for the 25 construction of a small business center: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,500,000 27 (4) To a city with a population between 198,000 and 199,000 28 in the last preceding certified federal census to be allocated 29 as follows: 30 (a) For site acquisition, design, engineering, and 31 construction of a fire training and logistics center: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,000,000 33 (b) For land acquisition, design, and construction of 34 sewers, structures, and pumping facilities necessary to 35 -16- LSB 6280XC (12) 83 rh/tm 16/ 77
S.F. _____ separate and convey sewer flow within the riverpoint service 1 area: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,250,000 3 (c) For land acquisition, design, and construction of 4 sewers, structures, and pumping facilities necessary to 5 separate or convey sewer flow within the Court avenue service 6 area: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,050,000 8 (d) For bank stabilization, stream bed stabilization, and 9 erosion control on highly erodible ground that is impacting 10 utilities, road infrastructure, and water quality: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 700,000 12 (e) To improve utilization of two of the wastewater 13 reclamation authority’s existing equalization basins for 14 the control of peak flows during wet weather events in the 15 authority’s sewer system: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 17 (5) For a publicly owned acute care teaching hospital 18 located in a county with a population of over 350,000, for 19 the construction and renovation of patient access and care 20 facilities, equipment replacement and upgrades, and other 21 infrastructure improvements: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 23 (6) For a city with a population between 98,300 and 98,400 24 in the last preceding certified federal census, for flood 25 protection, replacement, and construction improvements to a 26 recreational sports facility: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,050,000 28 (7) For a city with a population between 68,700 and 29 68,800 in the last preceding certified federal census, for a 30 public works building that will allow the city to provide for 31 disaster-related services: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 33 (8) For a city with a population between 62,100 and 34 62,250 in the last preceding certified federal census, for 35 -17- LSB 6280XC (12) 83 rh/tm 17/ 77
S.F. _____ the demolition, relocation, and reconstruction of a public 1 wastewater treatment plant and the development of a public 2 green space: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 4 (9) For a city with a population between 2,545 and 2,555 in 5 the last preceding certified federal census, for a streetscape 6 project that reconstructs existing horizontal infrastructure 7 and lighting systems utilizing sustainable development 8 practices: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,175,000 10 (10) For a city with a population between 2,200 and 2,220 in 11 the last preceding certified federal census, for construction 12 of a public city building: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 475,000 14 (11) For a city with a population between 2,558 and 2,565 15 in the last preceding certified federal census, for the 16 installation of backflow prevention devices for the city’s 17 storm sewer system: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 600,000 19 (12) For a city with a population between 6,875 and 6,890 20 in the last preceding certified federal census, for the 21 construction of grade control structures and associated grading 22 to mitigate future water damage to residential structures: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 300,000 24 b. To the Iowa jobs board for a disaster prevention program 25 created in section 16.194A for grants for cities and counties 26 that apply smart planning principles and guidelines pursuant to 27 sections 18B.1 and 18B.2, if enacted by 2010 Iowa Acts, Senate 28 File 2265, sections 1 and 2: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 30,000,000 30 5. DEPARTMENT OF NATURAL RESOURCES 31 a. For state park infrastructure improvements: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 33 b. For implementation of lake projects that have 34 established watershed improvement initiatives and community 35 -18- LSB 6280XC (12) 83 rh/tm 18/ 77
S.F. _____ support in accordance with the department’s annual lake 1 restoration plan and report: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,000,000 3 6. STATE BOARD OF REGENTS 4 a. For costs associated with the construction and 5 establishment of the Iowa institute for biomedical discovery at 6 the state university of Iowa: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,000,000 8 b. For deposit into the alternate energy revolving loan 9 fund created in section 476.46 to encourage the development 10 of alternate energy production facilities and small hydro 11 facilities, as defined in section 476.42, within the state: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 13 Any award of loans to private individuals or organizations 14 must be for the public purpose of encouraging the development 15 of alternate energy production facilities and small hydro 16 facilities within the state in order to conserve finite and 17 expensive energy resources and to provide for their most 18 efficient use. Funds from bond proceeds shall not be used for 19 administration or planning purposes. These moneys, and any 20 loan repayments, shall be maintained in separate accounts and 21 shall only be used for these public purposes. 22 7 DEPARTMENT OF TRANSPORTATION 23 a. For grants for rail projects including wind energy rail 24 port projects that provide assistance consistent with the 25 purposes of section 327H.20A: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,500,000 27 Grants awarded pursuant to this lettered paragraph shall 28 meet all of the following selection criteria: 29 (1) Be located in or adjacent to a rail industrial park. 30 (2) Be a facility that serves multiple industrial clients 31 with one rail infrastructure investment. 32 (3) Accommodate building and loading complete unit train in 33 the rail port. 34 (4) Have connection tracks with adequate clearances to 35 -19- LSB 6280XC (12) 83 rh/tm 19/ 77
S.F. _____ transport large components. 1 (5) Be located in an area with short unimpeded access for 2 oversized wind components to a divided four-lane highway. 3 Priority in the awarding of grants shall be given to 4 communities that have experienced exceptional economic 5 setbacks. 6 b. For the public transit infrastructure grant program in 7 section 324A.6A: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 9 c. For infrastructure improvements at the commercial air 10 service airports within the state: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,500,000 12 Fifty percent of the funds appropriated in this lettered 13 paragraph shall be allocated equally between each commercial 14 air service airport, forty percent of the funds shall be 15 allocated based on the percentage that the number of enplaned 16 passengers at each commercial air service airport bears to the 17 total number of enplaned passengers in the state during the 18 previous fiscal year, and ten percent of the funds shall be 19 allocated based on the percentage that the air cargo tonnage 20 at each commercial air service airport bears to the total air 21 cargo tonnage in the state during the previous fiscal year. In 22 order for a commercial air service airport to receive funding 23 under this lettered paragraph, the airport shall be required 24 to submit applications for funding of specific projects to the 25 department for approval by the state transportation commission. 26 d. For infrastructure projects relating to functionally 27 obsolete and structurally deficient bridges: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,000,000 29 8. TREASURER OF STATE 30 For transfer to the watershed improvement review board 31 created in section 466A.3 for grants associated with the 32 construction and restoration of wetland easements and flood 33 prevention projects: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 35 -20- LSB 6280XC (12) 83 rh/tm 20/ 77
S.F. _____ Notwithstanding section 466A.5, moneys from the 1 appropriation in this subsection shall not be used for 2 administrative purposes. 3 Sec. 11. TAX-EXEMPT STATUS —— USE OF APPROPRIATIONS. 4 1. Payment of moneys from the appropriations in this 5 division of this Act shall be made in a manner that does not 6 adversely affect the tax-exempt status of any outstanding bonds 7 issued by the treasurer of state. 8 2. Payment of moneys from the appropriations in this 9 division of this Act shall not be used for administrative or 10 planning purposes. 11 Sec. 12. REVERSION. For purposes of section 8.33, unless 12 specifically provided otherwise, unencumbered or unobligated 13 moneys made from an appropriation in this division of this Act 14 shall not revert but shall remain available for expenditure for 15 the purposes designated until the close of the fiscal year that 16 ends three years after the end of the fiscal year for which the 17 appropriation was made. However, if the project or projects 18 for which such appropriation was made are completed in an 19 earlier fiscal year, unencumbered or unobligated moneys shall 20 revert at the close of that same fiscal year. 21 DIVISION V 22 PRISON BONDING 23 Sec. 13. There is appropriated from the FY 2009 prison 24 bonding fund created pursuant to section 12.79 to the 25 department of corrections for the fiscal year beginning July 26 1, 2010, and ending June 30, 2011, the following amount, or 27 so much thereof as is necessary, to be used for the purpose 28 designated: 29 For costs associated with the building of a new Iowa State 30 penitentiary at Fort Madison: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 322,500 32 The appropriation made in this section constitutes approval 33 by the general assembly for the issuance of bonds by the 34 treasurer of state pursuant to section 12.80. 35 -21- LSB 6280XC (12) 83 rh/tm 21/ 77
S.F. _____ Sec. 14. REVERSION. For purposes of section 8.33, unless 1 specifically provided otherwise, unencumbered or unobligated 2 moneys made from an appropriation in this division of this Act 3 shall not revert but shall remain available for expenditure for 4 the purposes designated until the close of the fiscal year that 5 ends three years after the end of the fiscal year for which the 6 appropriation was made. However, if the project or projects 7 for which such appropriation was made are completed in an 8 earlier fiscal year, unencumbered or unobligated moneys shall 9 revert at the close of that same fiscal year. 10 DIVISION VI 11 GROW IOWA VALUES FUND 12 Sec. 15. There is appropriated from the rebuild Iowa 13 infrastructure fund to the department of economic development 14 for deposit in the grow Iowa values fund, for the fiscal year 15 beginning July 1, 2010, and ending June 30, 2011, the following 16 amount, notwithstanding section 8.57, subsection 6, paragraph 17 “c”: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 38,000,000 19 Sec. 16. GROW IOWA VALUES FUND APPROPRIATION REDUCTION. In 20 lieu of the $50,000,000 appropriated for the fiscal year 21 beginning July 1, 2010, and ending June 30, 2011, from 22 the grow Iowa values fund to the department of economic 23 development pursuant to section 15G.111, subsection 3, there is 24 appropriated from the grow Iowa values fund to the department 25 of economic development for the fiscal year beginning July 1, 26 2010, and ending June 30, 2011, $38,000,000 for the purposes of 27 making expenditures pursuant to chapter 15G. 28 Sec. 17. GROW IOWA VALUES FUND ALLOCATIONS. In lieu of the 29 amounts allocated pursuant to section 15G.111, subsections 4 30 through 10, for the fiscal year beginning July 1, 2010, and 31 ending June 30, 2011, of the $38,000,000 appropriated to the 32 department of economic development pursuant to this division of 33 this Act, the department shall allocate the following amounts 34 for the following purposes as described in section 15G.111, 35 -22- LSB 6280XC (12) 83 rh/tm 22/ 77
S.F. _____ subsections 4 through 10: 1 1. For departmental purposes, $21,363,600. 2 2. For the state board of regents institutions, $3,800,000. 3 3. For state parks, $760,000. 4 4. For deposit in the Iowa cultural trust fund, $760,000. 5 5. For community colleges, $5,320,000. 6 6. For regional financial assistance, $760,000. 7 Of the moneys allocated pursuant to this subsection and in 8 lieu of the three hundred fifty thousand dollars transferred 9 under section 15G.111, subsection 9, paragraph “a”, the 10 department shall transfer two hundred sixty-six thousand 11 dollars to Iowa state university of science and technology, for 12 purposes of providing financial assistance to establish small 13 business development centers. 14 7. For commercialization services, $4,389,000. 15 8. For targeted small business, $847,400. 16 Sec. 18. Section 15.247, subsection 3, Code Supplement 17 2009, is amended to read as follows: 18 3. a. All moneys designated for the targeted small business 19 financial assistance program shall be credited to the program 20 account. The department shall determine the actuarially 21 sound reserve requirement for the amount of guaranteed loans 22 outstanding. 23 b. Of the moneys credited to the program account, the 24 department may allocate an amount necessary for marketing and 25 compliance and an amount for the provision of the mentoring 26 services required under subsection 7. 27 Sec. 19. Section 15G.110, Code Supplement 2009, is amended 28 to read as follows: 29 15G.110 Appropriation. 30 1. For the fiscal period beginning July 1, 2005, and ending 31 June 30, 2008, and for the fiscal period beginning July 1, 32 2010 2011 , and ending June 30, 2015, there is appropriated to 33 the department of economic development each fiscal year fifty 34 million dollars from the general fund of the state for deposit 35 -23- LSB 6280XC (12) 83 rh/tm 23/ 77
S.F. _____ in the grow Iowa values fund. 1 2. For the fiscal period beginning July 1, 2008, and ending 2 June 30, 2010 2011 , there is appropriated to the department of 3 economic development each fiscal year fifty million dollars 4 from the rebuild Iowa infrastructure fund for deposit in the 5 grow Iowa values fund, notwithstanding section 8.57, subsection 6 6, paragraph “c” . 7 Sec. 20. Section 15G.111, subsection 2, paragraph b, Code 8 Supplement 2009, is amended to read as follows: 9 b. Moneys credited to the fund are not subject to section 10 8.33. Notwithstanding section 12C.7, interest or earnings on 11 moneys in the fund shall be credited to the fund. Interest 12 or earnings on moneys in the fund are appropriated to the 13 department. Of the moneys appropriated to the department 14 pursuant to this paragraph, the department shall make the 15 following allocations: 16 (1) For each fiscal year of the fiscal period beginning 17 July 1, 2010, and ending June 30, 2013, the department shall 18 allocate not more than one hundred seventy-five thousand 19 dollars for purposes of providing financial assistance to 20 Iowa’s councils of governments. 21 (2) For each fiscal year of the fiscal period beginning 22 July 1, 2010, and ending June 30, 2013, the department shall 23 allocate not more than two hundred thousand dollars for 24 purposes of providing support and administrative assistance to 25 the vision Iowa board, the community attraction and tourism 26 program, and river enhancement community attraction and tourism 27 projects. 28 (3) For each fiscal year of the fiscal period beginning 29 July 1, 2010, and ending June 30, 2013, the department shall 30 allocate the remaining amount of interest or earnings on moneys 31 in the fund for purposes of providing financial assistance 32 under the disaster recovery component of the grow Iowa values 33 financial assistance program. All moneys allocated pursuant to 34 this subparagraph that remain unexpended or unobligated at the 35 -24- LSB 6280XC (12) 83 rh/tm 24/ 77
S.F. _____ end of the fiscal year beginning July 1, 2012, shall revert and 1 be credited to the fund. 2 Sec. 21. Section 15G.111, subsection 4, unnumbered 3 paragraph 1, Code Supplement 2009, is amended to read as 4 follows: 5 Of the moneys appropriated to the department pursuant 6 to subsection 3, the department shall allocate 7 thirty-two twenty-eight million five hundred thousand dollars 8 each fiscal year as follows: 9 Sec. 22. Section 15G.111, subsection 10, Code Supplement 10 2009, is amended to read as follows: 11 10. Commercialization Innovation and commercialization 12 services. Of the moneys appropriated to the department 13 pursuant to subsection 3, the department shall allocate 14 three five million five hundred thousand dollars for deposit in 15 the innovation and commercialization development fund created 16 in section 15.412. 17 Sec. 23. Section 15G.111, Code Supplement 2009, is amended 18 by adding the following new subsection: 19 NEW SUBSECTION . 11. Targeted small businesses. Of the 20 moneys appropriated to the department pursuant to subsection 3, 21 the department shall allocate one million dollars for deposit 22 in the targeted small business financial assistance program 23 account established pursuant to section 15.247 within the 24 strategic investment fund created in section 15.313. 25 DIVISION VII 26 ALTERNATIVE PUBLIC PROJECT DELIVERY PROGRAM 27 PART 1 28 Sec. 24. NEW SECTION . 262.34C Definitions. 29 As used in this division, unless the context clearly 30 indicates otherwise: 31 1. “Alternative project delivery” means procuring and 32 delivering design and construction services for a public 33 project according to one of the selection procedures outlined 34 in parts 2 and 3. 35 -25- LSB 6280XC (12) 83 rh/tm 25/ 77
S.F. _____ 2. “Construction documents” means the drawings, 1 specifications, technical submissions, and other documents upon 2 which a construction project is based. 3 3. “Construction management services” means an alternative 4 project delivery method whereby services are provided by 5 a construction manager in a manner similar to a general 6 contractor, and which requires the construction manager to 7 solicit bids for the trade packages or subcontracts developed 8 for the public project and to enter into the trade contracts or 9 subcontracts for the public project. Construction management 10 services may include but are not limited to scheduling, 11 value analysis, system analysis, constructability reviews, 12 progress document reviews, subcontractor involvement, 13 subcontractor bonding policy, budgeting and price guarantees, 14 and construction coordination. 15 4. “Construction manager” means an individual, partnership, 16 joint venture, corporation, or other legal entity that 17 utilizes skill and knowledge of general contracting to 18 perform construction management services and preconstruction 19 services, procures and contracts with specialty contractors or 20 subcontractors, and assumes the responsibility and the risk for 21 construction delivery within a specified cost and schedule. 22 5. “Construction services” means the process of planning, 23 building, equipping, altering, repairing, improving, or 24 demolishing any structure or appurtenance thereto, including 25 facilities, utilities, or other improvements to real property, 26 but excluding highways, roads, bridges, dams, or stand-alone 27 parking lots. 28 6. “Criteria consultant” means an individual employed 29 or retained by the governmental entity to assist in the 30 preparation of a request for qualifications and a request for 31 proposals. If preparation of the design criteria package 32 includes the practice of architecture as defined in section 33 544A.16, professional architectural services as defined in 34 section 544A.16, the practice of engineering as defined in 35 -26- LSB 6280XC (12) 83 rh/tm 26/ 77
S.F. _____ section 542B.2, or the practice of landscape architecture as 1 defined in section 544B.1, “criteria consultant” means a design 2 professional. 3 7. “Design criteria package” means performance-oriented 4 specifications for the public project sufficient to permit a 5 design-builder to prepare a response to a request for proposals 6 for a design-build public project. 7 8. “Design professional” means an individual who is 8 licensed to practice architecture, engineering, or landscape 9 architecture in this state. 10 9. “Design-build services” means a method of alternative 11 project delivery for which both design and construction 12 services are provided under one contract. “Design-build 13 services” may include architecture, engineering, and related 14 design services required for a given project and the labor, 15 materials, and other construction services for the project. 16 10. “Design-builder” means an individual, partnership, 17 joint venture, corporation, or other legal entity that 18 furnishes design-build services, whether by itself or through 19 subcontracts. 20 11. “Estimated total cost” means the estimated total cost to 21 a governmental entity to construct a public project, including 22 the cost of labor, materials, equipment, supplies, and fees. 23 12. “Faculty research project” means a construction or 24 reconstruction project under the control of a governmental 25 entity that is linked solely to a specific researcher or group 26 of researchers and undertaken for the purpose of conducting 27 research. 28 13. “Governmental entity” means the state board of regents 29 or an institution under the control of the state board of 30 regents. 31 14. “Guaranteed maximum cost” means the total cost of the 32 project as defined in the public project contract between the 33 governmental entity and the construction manager or between the 34 governmental entity and the design-builder. 35 -27- LSB 6280XC (12) 83 rh/tm 27/ 77
S.F. _____ 15. “Job order contract” means a contract for construction 1 services delivered on an on-call basis through fixed-price 2 orders based on preestablished unit prices. 3 16. “Preconstruction services” means a series of services 4 including but not limited to review of design, scheduling, 5 estimating, cost control, value engineering, constructability 6 evaluation, and preparation and coordination of bid packages. 7 17. “Public project” means a project under the control of 8 a governmental entity that is paid for in whole or in part 9 with funds of the governmental entity, including a building 10 or improvement constructed or operated jointly with any other 11 public or private agency that has an estimated total cost of 12 more than one hundred thousand dollars. “Public project” may 13 include planning, acquiring, designing, building, equipping, 14 altering, repairing, improving, or demolishing any structure 15 or appurtenance thereto, including facilities or other 16 improvements to any real property owned by the governmental 17 entity, but excluding highways, roads, bridges, dams, 18 utilities, or stand-alone parking lots. However, a parking lot 19 included as part of the site work of a public project may be 20 included as part of a construction management services contract 21 or a design-build services contract. Parking ramps and parking 22 garages are not considered to be parking lots and may be a 23 “public project” constructed utilizing alternative project 24 delivery methods. 25 18. “Selection plan” means a governmental entity’s written 26 procedure that establishes the alternative project delivery 27 method for a public project and establishes the criteria for 28 evaluating qualifications and proposals, including the scoring 29 methodology relating to the selection of a construction manager 30 or a design-builder for a public project. 31 Sec. 25. NEW SECTION . 262.34D Alternative project delivery 32 commission. 33 1. An alternative project delivery commission is 34 established consisting of seven members. 35 -28- LSB 6280XC (12) 83 rh/tm 28/ 77
S.F. _____ 2. Members of the commission shall consist of all of the 1 following: 2 a. One member appointed by the state board of regents. 3 b. One member appointed by the Iowa chapter of the American 4 institute of architects. 5 c. One member appointed by the American council of 6 engineering companies of Iowa. 7 d. One member appointed by the Iowa chapter of the 8 design-build institute of America. 9 e. One member appointed by the master builders of Iowa. 10 f. One member appointed by the mechanical contractors 11 association of Iowa. 12 g. One member appointed by the Iowa chapter of the national 13 electrical contractors association. 14 3. Members of the commission shall serve three-year 15 staggered terms. The initial members appointed under 16 subsection 2, paragraphs “a” and “e” shall serve a term of 17 three years. The initial members appointed under subsection 2, 18 paragraphs “b” , “f” , and “g” shall serve a term of two years. 19 The initial members appointed under subsection 2, paragraphs 20 “c” and “d” shall serve a term of one year. A vacancy on the 21 commission shall be filled in the same manner as the original 22 appointment. 23 4. The member appointed by the state board of regents shall 24 serve as the chairperson of the commission. 25 5. Meetings of the commission may be called by the 26 chairperson or by a majority of the members. 27 6. A majority of the members of the commission constitutes a 28 quorum. Any action taken by the commission must be adopted by 29 the affirmative vote of a majority of its membership. 30 7. A member shall not vote on a matter before the commission 31 if the individual has a pecuniary or an equitable interest in 32 the matter or conditions exist that would interfere with the 33 member’s ability to properly discharge the member’s duties. 34 8. The duties of the commission shall include all of the 35 -29- LSB 6280XC (12) 83 rh/tm 29/ 77
S.F. _____ following: 1 a. Administer the alternative project delivery program 2 created under section 262.34E. 3 b. Prepare and file with the governor and the general 4 assembly on or before January 15, 2014, a report detailing 5 the activities of the commission and summarizing each public 6 project approved to utilize alternative project delivery. 7 The report shall include information relating to the cost to 8 the governmental entity, the duration of the public project, 9 whether the goals of the public project were met, the quality 10 of the work and services performed in completing the public 11 project, the transparency of the alternative project delivery 12 process, the impact of the alternative project delivery process 13 on the persons contracted with to perform the work and services 14 for the public project, whether the alternative project 15 delivery process benefits the public interest, and any other 16 information the commission deems relevant. 17 c. Adopt policies and procedures to carry out any duty 18 specified in this division. 19 Sec. 26. NEW SECTION . 262.34E Alternative project delivery 20 program. 21 1. The alternative project delivery commission shall 22 administer an alternative project delivery program consistent 23 with the requirements of this division. 24 2. The program shall consist of projects approved by the 25 commission and undertaken by governmental entities using an 26 alternative project delivery method authorized under parts 2 27 and 3. 28 3. A governmental entity that is interested in undertaking a 29 public project using alternative project delivery methods shall 30 submit an application to the commission detailing the nature 31 of the project and specifying an alternative project delivery 32 method. Each application shall be on a form prescribed by the 33 commission and may include additional materials requested by 34 the commission. 35 -30- LSB 6280XC (12) 83 rh/tm 30/ 77
S.F. _____ 4. The commission shall review each application and shall 1 select those public projects for inclusion in the program which 2 are best suited to accomplish the purposes of the program. 3 5. The commission shall monitor the selection process for 4 each public project selected for inclusion in the program and 5 may require the governmental entity to provide periodic updates 6 on the public project following selection of a construction 7 manager or design-builder for the public project. 8 Sec. 27. NEW SECTION . 262.34F Alternative project delivery 9 program selection factors. 10 The alternative project delivery commission may recommend 11 to the governmental entity the use of an alternative project 12 delivery method for projects where the commission has 13 determined such a method to be appropriate. In making such 14 a determination, the committee shall consider the following 15 factors: 16 1. Whether the estimated total cost of the public project 17 exceeds five million dollars. 18 2. The likelihood that the alternative project delivery 19 method selected will serve the public interest by providing a 20 substantial savings of time or money as compared to the process 21 under section 262.34. 22 3. Whether the overlap of design and construction aspects 23 of the public project is required to meet the needs of the 24 governmental entity or the needs of the users of the public 25 project. 26 4. Whether the public project requires the use of an 27 accelerated design and construction schedule as the result of 28 an emergency situation. 29 5. Whether the public project presents significant planning 30 or technical complexities, or both, requiring the use of an 31 integrated team of designers and constructors. 32 6. Whether the use of an alternative project delivery method 33 will substantially diminish competition for the public project. 34 7. Whether the public project is a faculty research project. 35 -31- LSB 6280XC (12) 83 rh/tm 31/ 77
S.F. _____ Sec. 28. NEW SECTION . 262.34G Public notice. 1 For each alternative project delivery method under this 2 division, a governmental entity shall publish public notices 3 as follows: 4 1. The notice shall be published at least once, not less 5 than fifteen and not more than forty-five days before the date 6 for filing submissions, if applicable, in a newspaper published 7 at least once weekly and having general circulation in the 8 geographic area served by the governmental entity and in a 9 relevant trade publication. 10 2. The notice may also be published in a relevant contractor 11 organization publication and a relevant contractor plan room 12 service with statewide circulation, provided that a notice 13 is posted on an internet site sponsored by the governmental 14 entity. 15 3. In addition to relevant information regarding the public 16 project, the notice shall specify the alternative project 17 delivery method to be used for the public project. 18 Sec. 29. NEW SECTION . 262.34H Public records. 19 Each proposal received by a governmental entity under 20 this division, together with the name of the proposer, after 21 awarding or letting of the contract, is subject to public 22 inspection upon request. The governmental entity shall, within 23 five days after awarding or letting of the contract, publish 24 notice of the name of the successful proposer including the 25 proposer’s scores received pursuant to the selection process 26 under parts 2 or 3. In addition, such notice shall include 27 the names of all proposers whose proposals were not selected, 28 together with each proposer’s scores. 29 Sec. 30. NEW SECTION . 262.34I Prohibitions. 30 1. The construction manager or design-builder executing 31 the construction or design of a public project utilizing an 32 alternative project delivery method under this division shall 33 not provide any financing, funding, or facility operations 34 after completion of the public project. 35 -32- LSB 6280XC (12) 83 rh/tm 32/ 77
S.F. _____ 2. A governmental entity shall not undertake all or a 1 portion of a public project using services or labor provided 2 under a job order contract. 3 PART 2 4 CONSTRUCTION MANAGEMENT PROJECT DELIVERY 5 Sec. 31. NEW SECTION . 262.34J Application to the 6 commission. 7 1. If in the judgment of the board of regents it is 8 desirable to use construction management services for the 9 completion of a public project, the governmental entity shall 10 prepare a selection plan and submit an application to the 11 alternative project delivery commission pursuant to section 12 262.34E, subsection 3. If the public project is selected by 13 the alternative project delivery commission for inclusion 14 in the program, the governmental entity shall select a 15 construction manager in accordance with the procedures of this 16 part. 17 2. A criteria consultant shall be employed or retained 18 to assist the governmental entity in preparing a request for 19 qualifications and a request for proposals. The criteria 20 consultant may be an employee of the governmental entity, the 21 design professional employed or retained under subsection 22 3, or an individual retained specifically to assist the 23 governmental entity with the public project. The request for 24 qualifications and the request for proposals shall specify the 25 selection criteria and scoring methodology included in the 26 selection plan. The criteria consultant shall also assist the 27 governmental entity in selecting a construction manager. A 28 criteria consultant employed or retained by the governmental 29 entity shall not submit a statement of qualifications or a 30 proposal for the public project. 31 3. The governmental entity shall employ a design 32 professional to design the public project, prepare the 33 construction documents for the public project, and provide 34 administrative services in connection with the design of the 35 -33- LSB 6280XC (12) 83 rh/tm 33/ 77
S.F. _____ public project. 1 Sec. 32. NEW SECTION . 262.34K Selection process —— general 2 procedure. 3 The governmental entity shall select a construction manager 4 for a public project pursuant to a two-phase selection process. 5 1. Phase I of the selection process includes publication of 6 a request for qualifications by the governmental entity, review 7 of the statements of qualifications, and the selection of a 8 minimum of two but not more than five construction managers to 9 advance to phase II. 10 2. Phase II includes a request for proposals, the receipt 11 of proposals from those construction managers selected during 12 phase I, an interview with each construction manager that 13 submits a proposal, evaluation of each proposal, and selection 14 of a construction manager for the public project. 15 Sec. 33. NEW SECTION . 262.34L Phase I —— request for 16 qualifications, statement, evaluation, and selection. 17 1. During phase I, the governmental entity shall 18 publish notice of a request for qualifications pursuant 19 to the requirements of section 262.34G. The request for 20 qualifications shall specify a time, place, terms of contract, 21 and other specific instructions for the submission of the 22 statements of qualifications. The request for qualifications 23 shall also include a general description of the public 24 project, an estimated total cost of the public project and 25 the anticipated public project schedule. A statement of 26 qualifications not submitted according to the instructions 27 shall be rejected and returned to the construction manager. 28 2. Each construction manager shall submit a statement 29 of qualifications that includes but is not limited to the 30 following information: 31 a. Similar project experience, including experience in the 32 construction management method of alternative project delivery. 33 b. Qualifications of proposed project personnel. 34 c. References from similar projects. 35 -34- LSB 6280XC (12) 83 rh/tm 34/ 77
S.F. _____ d. The construction manager’s experience modification rating 1 and a description of the construction manager’s safety plan. 2 e. Bonding capacity and insurance. Construction managers 3 submitting a statement of qualifications shall be capable of 4 providing a bond according to the requirements of chapter 573 5 and shall include evidence of such bonding capacity with their 6 statement of qualifications. A statement of qualifications 7 shall also include evidence of all required insurance. If 8 a construction manager fails to include evidence of bonding 9 capacity and required insurance, the construction manager shall 10 be deemed unqualified for selection under phase I. 11 f. Other information requested by the governmental entity in 12 accordance with the selection plan. 13 3. The governmental entity shall evaluate and score 14 each statement of qualifications received according to the 15 predetermined selection criteria and scoring methodology as 16 outlined in the selection plan and specified in the request 17 for qualifications. The cost or fees associated with a public 18 project shall not be considered by the governmental entity when 19 evaluating a statement of qualifications. 20 4. The governmental entity shall select a minimum of two and 21 a maximum of five construction managers, who have the highest 22 scores to proceed to phase II of the selection process. Scores 23 assigned in the phase I evaluation process shall not carry 24 forward to phase II. If two qualified construction managers 25 cannot be identified, the selection process shall cease. The 26 governmental entity shall have discretion to disqualify any 27 construction manager that lacks the minimum qualifications 28 required to perform the construction management services for 29 the public project. 30 Sec. 34. NEW SECTION . 262.34M Phase II —— request for 31 proposals, proposal review, selection, and negotiation. 32 1. During phase II, each construction manager selected 33 during phase I shall be given a request for proposals. The 34 request for proposals shall include but is not limited to the 35 -35- LSB 6280XC (12) 83 rh/tm 35/ 77
S.F. _____ following information: 1 a. The procedures to be followed in submitting proposals and 2 information relating to construction manager interviews under 3 subsection 2. 4 b. The selection criteria and scoring methodology for the 5 proposals. 6 c. Information related to the requirements, budget, 7 and schedule for the public project, including information 8 on available design requirements and specifications for 9 preconstruction services, and construction services. 10 d. The proposed terms and conditions for the public project 11 contract. 12 e. Other information requested by the governmental entity in 13 accordance with the selection plan. 14 2. After the deadline for submission of proposals 15 has passed, the governmental entity shall interview 16 each construction manager that has submitted a proposal 17 individually, allowing each construction manager to present the 18 construction manager’s proposed team members, qualifications, 19 and proposal, and to answer questions from the governmental 20 entity. 21 3. The governmental entity shall score and rank each 22 construction manager’s proposal based on the selection criteria 23 and scoring methodology specified in the request for proposals. 24 The governmental entity shall proceed to negotiate with and 25 attempt to enter into a preconstruction contract with the 26 construction manager receiving the highest score to serve 27 as the construction manager for the public project. If the 28 governmental entity is unable to negotiate a satisfactory 29 contract with the construction manager with the highest score, 30 negotiations with that construction manager shall be terminated 31 and the governmental entity shall undertake negotiations with 32 the construction manager receiving the second highest score. 33 If negotiations cannot be successfully completed with the 34 construction manager receiving the second highest score, the 35 -36- LSB 6280XC (12) 83 rh/tm 36/ 77
S.F. _____ contract for the public project shall not be awarded under the 1 request for proposals. 2 4. If the governmental entity determines that it is not in 3 its best interest to proceed with the public project pursuant 4 to the proposals offered, the governmental entity shall reject 5 all proposals. If all proposals are rejected, the governmental 6 entity may solicit new statements of qualifications and 7 proposals using different design or budget criteria. 8 Sec. 35. NEW SECTION . 262.34N Contract —— performance of 9 certain services. 10 1. The contract to perform construction management services 11 for a public project shall be prepared by the governmental 12 entity and entered into between the governmental entity and the 13 construction manager. The construction manager shall enter 14 into a contract with each subcontractor performing construction 15 services for the project. The construction manager shall 16 provide security pursuant to chapter 573. 17 2. Solicitation for subcontractor bids shall be conducted 18 by the construction manager, or the construction manager’s 19 designee, for all subcontracts and shall be awarded through a 20 process determined by the construction manager. 21 PART 3 22 DESIGN-BUILD PROJECT DELIVERY 23 Sec. 36. NEW SECTION . 262.34O Application to the 24 commission. 25 1. If in the judgment of the board of regents it is 26 desirable to use design-build services for the completion of 27 a public project, the governmental entity shall prepare a 28 selection plan and submit an application to the alternative 29 project delivery commission pursuant to section 262.34E, 30 subsection 3. If the public project is selected by the 31 alternative project delivery commission for inclusion in the 32 program, the governmental entity shall select a design-builder 33 in accordance with the procedures of this part. 34 2. A criteria consultant shall be employed or retained 35 -37- LSB 6280XC (12) 83 rh/tm 37/ 77
S.F. _____ to assist the governmental entity in preparing a request for 1 qualifications and a request for proposals. The criteria 2 consultant may be an employee of the governmental entity or an 3 individual retained specifically to assist the governmental 4 entity with the public project. The request for qualifications 5 and the request for proposals shall specify the selection 6 criteria and scoring methodology included in the selection 7 plan. The criteria consultant shall also assist the 8 governmental entity in selecting a design-builder. A criteria 9 consultant employed or retained by the governmental entity 10 shall not submit a statement of qualifications or a proposal 11 for the public project. 12 Sec. 37. NEW SECTION . 262.34P Selection process —— general 13 procedure. 14 The governmental entity shall select a design-builder for a 15 public project pursuant to a two-phase selection process. 16 1. Phase I of the selection process includes publication 17 of a request for qualifications by the governmental entity, 18 review of the statements of qualifications, and the selection 19 of a minimum of two but not more than five design-builders to 20 advance to phase II. 21 2. Phase II includes a request for proposals, the receipt of 22 proposals from those design-builders selected during phase I, 23 including a separate cost and schedule proposal, an interview 24 with each design-builder that submits a proposal, evaluation of 25 each proposal, and selection of a design-builder for the public 26 project. 27 Sec. 38. NEW SECTION . 262.34Q Phase I —— request for 28 qualifications, statement, evaluation, and selection. 29 1. During phase I, the governmental entity shall 30 publish notice of a request for qualifications pursuant 31 to the requirements of section 262.34G. The request for 32 qualifications shall specify a time, place, terms of contract, 33 and other specific instructions for the submission of the 34 statements of qualifications. The request for qualifications 35 -38- LSB 6280XC (12) 83 rh/tm 38/ 77
S.F. _____ shall also include a general description of the public 1 project, an estimated total cost of the public project and 2 the anticipated public project schedule. A statement of 3 qualifications not submitted according to the instructions 4 shall be rejected and returned to the design-builder. 5 2. Each design-builder shall submit a statement of 6 qualifications that includes but is not limited to the 7 following information: 8 a. Similar project experience, including experience in the 9 design-build method of alternative project delivery. 10 b. Qualifications of proposed project personnel. 11 c. References from similar projects. 12 d. The design-builder’s experience modification rating and a 13 description of the design-builder’s safety plan. 14 e. Bonding capacity and insurance. Design-builders 15 submitting a statement of qualifications shall be capable of 16 providing a bond according to the requirements of chapter 573 17 and shall include evidence of such bonding capacity with their 18 statement of qualifications. A statement of qualifications 19 shall also include evidence of all required insurance. If a 20 design-builder fails to include evidence of bonding capacity 21 and required insurance, the design-builder shall be deemed 22 unqualified for selection under phase I. 23 f. Other information requested by the governmental entity in 24 accordance with the selection plan. 25 3. The governmental entity shall evaluate and score 26 each statement of qualifications received according to the 27 predetermined selection criteria and scoring methodology that 28 were specified in the request for qualifications. The cost or 29 fees associated with a public project shall not be considered 30 by the governmental entity when evaluating a statement of 31 qualifications. 32 4. The governmental entity shall select a minimum of two 33 and a maximum of five design-builders who have the highest 34 scores to proceed to phase II. Scores assigned during phase 35 -39- LSB 6280XC (12) 83 rh/tm 39/ 77
S.F. _____ I shall not carry forward to phase II. The governmental 1 entity shall have discretion to disqualify any design-builder 2 that lacks the minimum qualifications required to perform 3 the design-build services for the public project. If two 4 qualified design-builders cannot be identified, the selection 5 process shall cease. If all design-builders are rejected, the 6 governmental entity may solicit new proposals using different 7 design and budget criteria. 8 Sec. 39. NEW SECTION . 262.34R Phase II —— request for 9 proposals, proposal review, selection, and negotiation. 10 1. During phase II, each design-builder selected during 11 phase I shall be given a request for proposals. The request 12 for proposals shall include but is not limited to the following 13 information: 14 a. The procedures to be followed in submitting proposals 15 and information relating to design-builder interviews under 16 subsection 2. 17 b. The selection criteria and scoring methodology for the 18 proposals. 19 c. Information related to the requirements, scope, 20 specifications, budget, and schedule for the public project, 21 including requirements and scope of preconstruction services 22 and construction services. 23 d. A requirement for a statement that the design-builder 24 will exercise responsible control over the design, protect 25 the health, safety, and welfare of the public, and act in the 26 governmental entity’s best interest. 27 e. The proposed terms and conditions for the public project 28 contract. 29 f. The requirements for the submission of a separate cost 30 and schedule proposal. 31 g. Other information requested by the governmental entity in 32 accordance with the selection plan. 33 2. Each design-builder selected during phase I may 34 submit a proposal to the governmental entity. Each proposal 35 -40- LSB 6280XC (12) 83 rh/tm 40/ 77
S.F. _____ submitted under this section shall not contain references to 1 costs associated with work contained in the proposal. The 2 governmental entity shall evaluate and score each proposal 3 according to the selection criteria and scoring methodology 4 specified in the request for proposals. 5 3. Each design-builder selected during phase I shall also 6 provide the governmental entity with a separate cost and 7 schedule proposal. A proposal submitted under subsection 2 and 8 the cost and schedule proposal may be submitted sequentially 9 or concurrently, according to the requirements of the request 10 for proposals. Failure to submit a cost and schedule proposal 11 according to the delivery requirements of the request for 12 proposals shall be grounds to reject the proposal. 13 4. The cost and schedule proposal shall include all of the 14 following: 15 a. A guaranteed maximum cost for the public project. 16 b. A bid security pursuant to chapter 573. 17 c. A proposed contract time, in calendar days, for 18 completing the public project. 19 d. Any other information required by the request for 20 proposals. 21 5. After the deadline for submission of proposals 22 has passed, the governmental entity shall interview each 23 design-builder that has submitted a proposal individually, 24 allowing each design-builder to present the design-builder’s 25 proposed team members, qualifications, and proposal, and to 26 answer questions from the governmental entity. 27 6. The cost and schedule proposals submitted under 28 subsection 3 shall be opened only after all proposals submitted 29 under subsection 2 have been evaluated and scored and after 30 completion of all design-builder interviews under subsection 5. 31 At the time that the cost and schedule proposals are opened, 32 the governmental entity shall make public its scoring of the 33 proposals submitted under subsection 2. Cost and schedule 34 proposals shall be evaluated and scored according to selection 35 -41- LSB 6280XC (12) 83 rh/tm 41/ 77
S.F. _____ criteria and scoring methodology specified in the request for 1 proposals. 2 7. The governmental entity shall select the design-builder 3 receiving the highest score based on the selection criteria and 4 scoring methodology specified in the request for proposals. 5 The governmental entity shall proceed to negotiate with 6 and attempt to enter into a contract with the selected 7 design-builder to serve as the design-builder for the public 8 project. The contract must include all applicable bond 9 requirements under chapter 573. If the governmental entity is 10 unable to negotiate a satisfactory contract with the selected 11 design-builder, negotiations with that design-builder shall 12 be terminated, and the governmental entity shall undertake 13 negotiations with the design-builder receiving the second 14 highest score. If negotiations cannot be successfully 15 completed with the design-builder receiving the second highest 16 score, the contract shall not be awarded under the request for 17 proposals. 18 8. If the governmental entity determines that it is not in 19 its best interest to proceed with the public project pursuant 20 to the proposals offered, the governmental entity shall reject 21 all proposals. If all proposals are rejected, the governmental 22 entity may solicit new statements of qualifications and 23 proposals using different design or budget criteria. 24 9. As an inducement to qualified design-builders, the 25 governmental entity shall pay a fair and reasonable stipend, 26 the amount of which shall be established in the request for 27 proposals, to each design-builder who participates in phase 28 II, but is not selected as the design-builder for the public 29 project. 30 DIVISION VIII 31 FLOODPLAIN MAPPING 32 Sec. 40. FLOODPLAIN MAPPING. Using funds allocated to the 33 department of natural resources for floodplain mapping from the 34 appropriation made to the department of economic development in 35 -42- LSB 6280XC (12) 83 rh/tm 42/ 77
S.F. _____ 2009 Iowa Acts, chapter 183, section 67, of federal community 1 development block grant funds awarded to the state under 2 the federal Consolidated Security, Disaster Assistance, and 3 Continuing Appropriations Act, 2009, Pub. L. No. 110-329, the 4 department of economic development shall enter an agreement 5 in an amount of not less than $10,000,000 with the state 6 university of Iowa for the development of new floodplain maps 7 by June 30, 2014, by the Iowa flood center established pursuant 8 to section 466C.1. The department of economic development 9 shall structure the contract to be consistent with any plan 10 for use of the funds approved by any federal agency, or, if 11 necessary, follow any procedures necessary for approval of this 12 contract. 13 Sec. 41. EFFECTIVE UPON ENACTMENT. This division of this 14 Act, being deemed of immediate importance, takes effect upon 15 enactment. 16 DIVISION IX 17 DEPARTMENT OF ADMINISTRATIVE SERVICES —— OFFICE SPACE 18 Sec. 42. DEPARTMENT OF ADMINISTRATIVE SERVICES —— OFFICE 19 SPACE REQUEST FOR PROPOSALS. 20 1. The department of administrative services shall issue a 21 request for proposals concerning the availability and cost of 22 office space for state employees in downtown Des Moines and in 23 other areas in close proximity to the state capitol complex. 24 The department shall consider the advantages of locating state 25 employees and their functions near the state capitol complex. 26 2. In issuing the request for proposals, the department 27 shall examine current leases for office space within the 28 greater Des Moines area, determine the current length and 29 duration of those leases, and consider the number of state 30 employees impacted by those leases. 31 3. The request for proposals shall ensure that any office 32 space selected shall meet all of the following criteria: 33 a. The office space is located in a class A building. 34 b. The building which includes the office space has skywalk 35 -43- LSB 6280XC (12) 83 rh/tm 43/ 77
S.F. _____ access. 1 c. The building which includes the office space is located 2 within reasonable proximity to the free shuttle service route 3 that includes transportation between the capitol complex and 4 the downtown Des Moines area. 5 d. The entity leasing office space provides adequate 6 parking to employees utilizing the office space which is within 7 reasonable proximity to the office space. 8 e. The office space is energy efficient. 9 f. The office space provides adequate space and resources 10 needed for the employees intending to occupy the office space. 11 4. The department of administrative services shall issue 12 the request for proposals by December 1, 2010, and shall submit 13 a written report to the general assembly concerning the request 14 for proposals by January 14, 2011. 15 Sec. 43. DEPARTMENT OF ADMINISTRATIVE SERVICES —— OFFICE 16 SPACE —— COST-BENEFIT ANALYSIS. 17 1. The department of administrative services shall conduct 18 a cost-benefit analysis of utilizing existing class A office 19 space for state employees in downtown Des Moines and other 20 areas in close proximity to the state capitol complex in lieu 21 of replacing or renovating the Wallace Building and prior to 22 leasing any space in the mercy capitol hospital building. The 23 cost-benefit analysis shall include consideration of any cost 24 to the applicable local jurisdiction arising from the state’s 25 utilization of existing office space. 26 2. The department of administrative services shall submit 27 a written report to the general assembly on the cost-benefit 28 analysis by January 14, 2011. 29 DIVISION X 30 CHANGES TO PRIOR APPROPRIATIONS 31 Sec. 44. 2006 Iowa Acts, chapter 1179, section 4, subsection 32 1, is amended to read as follows: 33 1. a. Notwithstanding Except as provided in paragraph 34 “b” , notwithstanding section 8.33, moneys appropriated for the 35 -44- LSB 6280XC (12) 83 rh/tm 44/ 77
S.F. _____ fiscal year beginning July 1, 2006, in this division of this 1 Act that remain unencumbered or unobligated at the close of 2 the fiscal year shall not revert but shall remain available 3 for the purposes designated until the close of the fiscal year 4 that begins July 1, 2009, or until the project for which the 5 appropriation was made is completed, whichever is earlier. 6 b. Notwithstanding section 8.33, moneys appropriated for the 7 fiscal year beginning July 1, 2006, in section 1, subsection 1, 8 and section 1, subsection 11, paragraph “b” of this division of 9 this Act that remain unencumbered or unobligated at the close 10 of the fiscal year shall not revert but shall remain available 11 for the purposes designated until the close of the fiscal year 12 that begins July 1, 2010, or until the project for which the 13 appropriation was made is completed, whichever is earlier. 14 Sec. 45. 2006 Iowa Acts, chapter 1179, section 18, is 15 amended to read as follows: 16 SEC. 18. REVERSION. 17 1. Except as provided in subsections 2 , and 3, and 18 4, notwithstanding section 8.33, moneys appropriated from the 19 endowment for Iowa’s health restricted capitals fund for the 20 fiscal years that begin July 1, 2005, and July 1, 2006, in this 21 division of this Act that remain unencumbered or unobligated at 22 the close of the fiscal year shall not revert but shall remain 23 available for the purposes designated until the close of the 24 fiscal year that begins July 1, 2009, or until the project for 25 which the appropriation was made is completed, whichever is 26 earlier. 27 2. Notwithstanding section 8.33, moneys appropriated from 28 the endowment for Iowa’s health restricted capitals fund 29 for the fiscal year that begins July 1, 2006, and ends June 30 30, 2007, in this division of this Act to the department of 31 veterans affairs for capital improvement projects at the Iowa 32 veterans home that remain unencumbered or unobligated at the 33 close of the fiscal year shall not revert but shall remain 34 available for expenditure for the purposes designated until the 35 -45- LSB 6280XC (12) 83 rh/tm 45/ 77
S.F. _____ close of the fiscal year that begins July 1, 2010. 1 3. Notwithstanding section 8.33, moneys appropriated from 2 the endowment for Iowa’s health restricted capitals fund 3 for the fiscal year beginning July 1, 2006, and ending June 4 30, 2007, in this division of this Act to the department of 5 education for major renovation and major repair needs at the 6 community colleges that remain unencumbered or unobligated at 7 the close of the fiscal year shall not revert but shall remain 8 available for expenditure for the purposes designated until 9 the close of the fiscal year beginning July 1, 2010, or until 10 the project for which appropriated is completed, whichever is 11 earlier. 12 4. Notwithstanding section 8.33, moneys appropriated from 13 the endowment for Iowa’s health restricted capitals fund 14 for the fiscal year that begins July 1, 2006, and ends June 15 30, 2007, in this division of this Act to the department of 16 administrative services for upgrades to the Woodward state 17 resource center wastewater treatment system that remain 18 unencumbered or unobligated at the close of the fiscal year 19 shall not revert but shall remain available for expenditure 20 for the purposes designated until the close of the fiscal year 21 that begins July 1, 2011, or until the project for which the 22 appropriation is made is completed, whichever is earlier. 23 Sec. 46. 2007 Iowa Acts, chapter 219, section 7, subsection 24 1, as amended by 2009 Iowa Acts, chapter 170, section 20, and 25 2009 Iowa Acts, chapter 184, section 17, is amended to read as 26 follows: 27 1. For costs associated with the construction and 28 establishment of the Iowa institute for biomedical discovery at 29 the state university of Iowa: 30 FY 2008-2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 0 31 FY 2009-2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 0 32 FY 2010-2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,000,000 33 0 34 Sec. 47. 2007 Iowa Acts, chapter 219, section 15, is amended 35 -46- LSB 6280XC (12) 83 rh/tm 46/ 77
S.F. _____ to read as follows: 1 SEC. 15. REVERSION. 2 1. Notwithstanding Except as provided in subsection 2, 3 notwithstanding section 8.33, moneys appropriated for the 4 fiscal year beginning July 1, 2007, in this division of this 5 Act that remain unencumbered or unobligated at the close of 6 the fiscal year shall not revert but shall remain available 7 for the purposes designated until the close of the fiscal year 8 beginning July 1, 2009, or until the project for which the 9 appropriation was made is completed, whichever is earlier. 10 2. Notwithstanding section 8.33, moneys appropriated 11 for the fiscal year beginning July 1, 2007, in section 14, 12 subsections 4 and 7 of this division of this Act that remain 13 unencumbered or unobligated at the close of the fiscal year 14 shall not revert but shall remain available for the purposes 15 designated until the close of the fiscal year beginning July 1, 16 2011, or until the project for which the appropriation was made 17 is completed, whichever is earlier. 18 Sec. 48. 2008 Iowa Acts, chapter 1179, section 1, subsection 19 1, paragraph l, as enacted by 2009 Iowa Acts, chapter 184, 20 section 21, is amended to read as follows: 21 l. For heating, ventilating, and air conditioning 22 improvements building security and firewall protection in the 23 Hoover state office building: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 165,000 25 Sec. 49. 2008 Iowa Acts, chapter 1179, section 1, subsection 26 4, paragraph b, as amended by 2009 Iowa Acts, chapter 81, 27 section 1, is amended to read as follows: 28 b. For historical site preservation grants to be used for 29 the restoration, preservation, and development of historic 30 sites: 31 .................................................. $ 1,000,000 32 In making grants pursuant to this lettered paragraph, the 33 department shall consider the existence and amount of other 34 funds available to an applicant for the designated project. 35 -47- LSB 6280XC (12) 83 rh/tm 47/ 77
S.F. _____ A grant awarded from moneys appropriated in this lettered 1 paragraph shall not exceed $100,000 per project. Not more than 2 $200,000 may be awarded in the same county in the same round of 3 grant reviews. 4 Of the amount appropriated in this lettered paragraph, 5 $20,000 shall be used for the administration and support of 6 historic sites including the hiring and employment of seasonal 7 workers, notwithstanding section 8.57, subsection 6, paragraph 8 “c”. 9 Sec. 50. 2008 Iowa Acts, chapter 1179, section 7, as amended 10 by 2009 Iowa Acts, chapter 173, section 21, is amended to read 11 as follows: 12 SEC. 7. DEPARTMENT OF ECONOMIC DEVELOPMENT. There is 13 appropriated from the rebuild Iowa infrastructure fund to 14 the department of economic development for the designated 15 fiscal years the following amounts, or so much thereof as is 16 necessary, to be used for the purposes designated: 17 For deposit into the river enhancement community attraction 18 and tourism fund created in 2008 Iowa Acts, Senate File 2430, 19 if enacted: 20 FY 2009-2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 0 21 FY 2010-2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,000,000 22 0 23 FY 2011-2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,000,000 24 FY 2012-2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,000,000 25 Notwithstanding section 8.33, moneys appropriated in this 26 section for the fiscal year beginning July 1, 2010, and ending 27 June 30, 2011, shall not revert at the close of the fiscal year 28 for which they are appropriated but shall remain available 29 for the purpose designated until the close of the fiscal year 30 that begins July 1, 2013, or until the project for which the 31 appropriation was made is completed, whichever is earlier. 32 Notwithstanding section 8.33, moneys appropriated in this 33 section for the fiscal year beginning July 1, 2011, and ending 34 June 30, 2012, shall not revert at the close of the fiscal year 35 -48- LSB 6280XC (12) 83 rh/tm 48/ 77
S.F. _____ for which they are appropriated but shall remain available 1 for the purpose designated until the close of the fiscal year 2 that begins July 1, 2014, or until the project for which the 3 appropriation was made is completed, whichever is earlier. 4 Notwithstanding section 8.33, moneys appropriated in this 5 section for the fiscal year beginning July 1, 2012, and ending 6 June 30, 2013, shall not revert at the close of the fiscal year 7 for which they are appropriated but shall remain available 8 for the purpose designated until the close of the fiscal year 9 that begins July 1, 2015, or until the project for which the 10 appropriation was made is completed, whichever is earlier. 11 Sec. 51. 2008 Iowa Acts, chapter 1179, section 15, 12 subsection 4, paragraph b, as amended by 2009 Iowa Acts, 13 chapter 184, section 25, is amended to read as follows: 14 b. To the public broadcasting division for the purchase and 15 installation of generators at transmitter sites: 16 .................................................. $ 1,602,437 17 Of the amount appropriated in this lettered paragraph, up to 18 $210,477 may be used for operational costs of the division for 19 FY 2008-2009 , and up to $1,000,000 may be used for operational 20 costs of the division for FY 2009-2010, and up to $378,637 21 may be used for operational costs of the division for FY 22 2010-2011, notwithstanding section 8.57C, subsection 2. 23 Sec. 52. 2008 Iowa Acts, chapter 1179, section 15, 24 subsection 4, paragraph c, is amended to read as follows: 25 c. To the public broadcasting division for the replacement 26 and digital conversion of the Keosauqua translator: 27 .................................................. $ 701,500 28 Of the amount appropriated in this lettered paragraph, up to 29 $25,378 may be used for operational costs of the division for 30 FY 2010-2011, notwithstanding section 8.57C, subsection 2. 31 Sec. 53. 2008 Iowa Acts, chapter 1179, section 18, 32 subsection 3, as amended by 2009 Iowa Acts, chapter 173, 33 section 24, is amended to read as follows: 34 3. DEPARTMENT OF CORRECTIONS 35 -49- LSB 6280XC (12) 83 rh/tm 49/ 77
S.F. _____ a. For expansion of the community-based corrections 1 facility at Sioux City: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,300,000 3 b. For expansion of the community-based corrections 4 facility at Ottumwa: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,100,000 6 c. For expansion of the community-based corrections 7 facility at Waterloo: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,000,000 9 d. For expansion of the community-based corrections 10 facility at Davenport: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,100,000 12 e. For expansion, including land acquisition, of the 13 community-based corrections facility at Des Moines: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,100,000 15 0 16 The appropriation in this lettered paragraph is contingent 17 upon relocation of the sex offender treatment program from 18 the community-based corrections facility at Des Moines to 19 the property in northeast Des Moines identified by the fifth 20 judicial district in the facility and site study final report 21 submitted December 12, 2008. 22 It is the intent of the general assembly that the funds 23 appropriated in paragraphs “a” through “e” be used to expand 24 the number of beds available through new construction and 25 remodeling and for the expansion of existing facilities. 26 f. For expansion of the Iowa correctional facility for women 27 at Mitchellville including costs related to project management 28 including the hiring and employment of a construction manager 29 and a correctional specialist : 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 47,500,000 31 g. For the remodeling of kitchens at the correctional 32 facilities at Mount Pleasant and Rockwell City: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,500,000 34 Sec. 54. 2008 Iowa Acts, chapter 1179, section 22, is 35 -50- LSB 6280XC (12) 83 rh/tm 50/ 77
S.F. _____ amended to read as follows: 1 SEC. 22. There is appropriated from the FY 2009 prison 2 bonding fund created pursuant to section 12.79, as enacted in 3 this Act, to the department of corrections for the fiscal year 4 beginning July 1, 2008, and ending June 30, 2009, the following 5 amount, or so much thereof as is necessary, to be used for the 6 purpose designated: 7 For costs associated with the building of a new Iowa State 8 Penitentiary at Fort Madison including costs related to 9 project management including the hiring and employment of a 10 construction manager and a correctional specialist : 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $130,677,500 12 The appropriation made in this section constitutes approval 13 by the general assembly for the issuance of bonds by the 14 treasurer pursuant to section 12.80, as enacted in this Act. 15 Sec. 55. 2009 Iowa Acts, chapter 173, section 13, subsection 16 1, is amended by adding the following new paragraph: 17 NEW PARAGRAPH . e. Of the moneys appropriated in 18 this subsection, the department may award moneys for the 19 establishment of drainage district pilot projects. Each 20 drainage district pilot project shall be presented to the state 21 soil conservation committee and the watershed improvement 22 review board to ensure the project design, project goals, 23 baseline data collection, project data collection standards, 24 and data evaluation standards are appropriate for, and advance, 25 the soil and water conservation goals of the state. Annual 26 progress reports on each pilot project shall be presented 27 to the state soil conservation committee and the watershed 28 improvement review board to ensure the projects continue to 29 advance the soil and water conservation goals of the state. 30 All construction plans, monitoring plans, project data, and 31 project data analysis shall be available for public review and 32 study. Experts from the United States geological survey, the 33 national laboratory for agriculture and the environment at 34 Iowa state university, and other appropriate state and federal 35 -51- LSB 6280XC (12) 83 rh/tm 51/ 77
S.F. _____ agencies may be consulted on any aspect of the program. 1 Sec. 56. 2009 Iowa Acts, chapter 173, section 13, subsection 2 2, is amended to read as follows: 3 2. DEPARTMENT OF NATURAL RESOURCES 4 For watershed rebuilding and water quality projects: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,500,000 6 Of the moneys appropriated in this subsection, the 7 department may provide moneys to construct, reconstruct, or 8 repair infrastructure associated with the control and movement 9 of surface water, including but not limited to addressing 10 issues affected by combined sewer overflows, enrolling larger 11 contiguous areas in emergency watershed programs, improving 12 facilities or systems that provide water quality, mitigating 13 flood damage or the threat of flood damage in the areas most 14 severely affected by the 2008 flood, and improving or replacing 15 low-head dams. Any award of moneys made under this subsection 16 shall be in the form of a grant. Any grant awards for practices 17 on private property shall be for the public purposes of flood 18 control, watershed management, or improving water quality. 19 Sec. 57. 2009 Iowa Acts, chapter 173, section 13, subsection 20 4, paragraphs b, c, and d, are amended to read as follows: 21 b. For deposit into the public service shelter grant fund 22 created in section 16.185 for grants for the construction, 23 renovation, and improvements to homeless shelters, emergency 24 shelters, and family and domestic violence shelters: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,000,000 26 c. For deposit into the disaster damage housing assistance 27 grant fund created in section 16.186 for grants to ease and 28 speed recovery efforts from the natural disasters of 2008, 29 including stabilizing neighborhoods damaged by the natural 30 disasters, preventing population loss and neighborhood 31 deterioration, and improving the health, safety, and welfare of 32 persons living in such disaster-damaged neighborhoods: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 34 d. For deposit into the affordable housing assistance grant 35 -52- LSB 6280XC (12) 83 rh/tm 52/ 77
S.F. _____ fund created in section 16.187 for grants for housing for 1 certain elderly, disabled, and low-income persons and public 2 servants in critical skills shortage areas of the state: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,000,000 4 Sec. 58. 2009 Iowa Acts, chapter 173, section 13, subsection 5 5, unnumbered paragraph 1, as amended by 2009 Iowa Acts, 6 chapter 183, section 71, is amended to read as follows: 7 For broadband technology grants for the deployment and 8 sustainability of high-speed broadband access: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,000,000 10 0 11 Sec. 59. 2009 Iowa Acts, chapter 173, section 13, subsection 12 6, is amended to read as follows: 13 6. DEPARTMENT OF TRANSPORTATION 14 For deposit into the bridge safety fund created in section 15 313.68 to be used for infrastructure projects relating to 16 functionally obsolete and structurally deficient bridges: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000,000 18 40,000,000 19 Sec. 60. 2009 Iowa Acts, chapter 173, section 13, is amended 20 by adding the following new subsection: 21 NEW SUBSECTION . 7. DEPARTMENT OF ECONOMIC DEVELOPMENT 22 For the main street Iowa program to be used as grants 23 for projects that have previously applied for funding 24 consideration, or have received partial funding for facade 25 master plans to rehabilitate storefronts in main street Iowa 26 districts, to complete streetscape projects where planning 27 and the majority of funding is already secured, for unfunded 28 main street challenge grant projects, and for other building 29 rehabilitation projects that are currently on the department’s 30 highest priority list: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,550,000 32 Moneys appropriated in this subsection shall not be used for 33 administration or planning purposes. 34 Sec. 61. 2009 Iowa Acts, chapter 174, section 6, is 35 -53- LSB 6280XC (12) 83 rh/tm 53/ 77
S.F. _____ repealed. 1 Sec. 62. 2009 Iowa Acts, chapter 184, section 1, subsection 2 3, paragraph d, is amended to read as follows: 3 d. For historical site preservation grants to be used for 4 the restoration, preservation, and development of historic 5 sites: 6 .................................................. $ 1,000,000 7 In making grants pursuant to this lettered paragraph, the 8 department shall consider the existence and amount of other 9 funds available to an applicant for the designated project. 10 A grant awarded from moneys appropriated in this lettered 11 paragraph shall not exceed $100,000 per project. Not more than 12 $200,000 may be awarded in the same county in the same round of 13 grant reviews. 14 Of the amount appropriated in this lettered paragraph, 15 $20,000 shall be used for the administration and support of 16 historic sites including the hiring and employment of seasonal 17 workers, notwithstanding section 8.57, subsection 6, paragraph 18 “c”. 19 Sec. 63. 2009 Iowa Acts, chapter 184, section 1, subsection 20 12, paragraph a, is amended to read as follows: 21 12. DEPARTMENT OF TRANSPORTATION 22 a. To provide funds for capital improvements and for related 23 studies for expanding passenger rail services in Iowa For 24 deposit in the passenger rail service revolving fund created 25 in section 327J.2 , notwithstanding section 8.57, subsection 6, 26 paragraph “c”: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,000,000 28 Sec. 64. 2009 Iowa Acts, chapter 184, section 2, subsections 29 1, 2, 4, and 5, are amended by striking the subsections. 30 Sec. 65. 2009 Iowa Acts, chapter 184, section 2, subsection 31 6, paragraph a, is amended to read as follows: 32 a. For deposit into the railroad revolving loan and grant 33 fund created in section 327H.20A, notwithstanding section 8.57, 34 subsection 6, paragraph “c”: 35 -54- LSB 6280XC (12) 83 rh/tm 54/ 77
S.F. _____ .................................................. $ 2,000,000 1 Of the amount appropriated in this lettered paragraph, 2 $2,000,000 shall be allocated to a city with a population 3 between 98,300 and 98,400 in the last preceding certified 4 federal census, for a rail trans-load facility if a federal 5 match of funds is received. 6 Sec. 66. EFFECTIVE UPON ENACTMENT. This division, being 7 deemed of immediate importance, takes effect upon enactment. 8 DIVISION XI 9 MISCELLANEOUS CODE CHANGES 10 Sec. 67. Section 8.57, subsection 6, paragraph e, Code 11 Supplement 2009, is amended to read as follows: 12 e. (1) (a) (i) Notwithstanding provisions to the contrary 13 in sections 99D.17 and 99F.11, for the fiscal year beginning 14 July 1, 2000, and for each fiscal year thereafter, not more 15 than a total of sixty-six million dollars shall be deposited 16 in the general fund of the state in any fiscal year pursuant to 17 sections 99D.17 and 99F.11. 18 (ii) However, in lieu of the deposit in subparagraph 19 subdivision (i), for the fiscal year beginning July 1, 2010, 20 and for each fiscal year thereafter until the principal and 21 interest on all bonds issued by the treasurer of state pursuant 22 to section 12.87 are paid, as determined by the treasurer of 23 state, the first fifty-five million dollars of the moneys 24 directed to be deposited in the general fund of the state under 25 subparagraph subdivision (i) shall be deposited in the revenue 26 bonds debt service fund created in section 12.89, and the next 27 five three million seven hundred fifty thousand dollars of the 28 moneys directed to be deposited in the general fund of the 29 state under subparagraph subdivision (i) shall be deposited 30 in the revenue bonds federal subsidy holdback fund created 31 in section 12.89, and the next one million two hundred fifty 32 thousand dollars of the moneys directed to be deposited in the 33 general fund of the state under subparagraph subdivision (i) 34 shall be deposited in the general fund of the state. 35 -55- LSB 6280XC (12) 83 rh/tm 55/ 77
S.F. _____ (b) The next fifteen million dollars of the moneys directed 1 to be deposited in the general fund of the state in a fiscal 2 year pursuant to sections 99D.17 and 99F.11 shall be deposited 3 in the vision Iowa fund created in section 12.72 for the fiscal 4 year beginning July 1, 2000, and for each fiscal year through 5 the fiscal year beginning July 1, 2019. 6 (c) The next five million dollars of the moneys directed to 7 be deposited in the general fund of the state in a fiscal year 8 pursuant to sections 99D.17 and 99F.11 shall be deposited in 9 the school infrastructure fund created in section 12.82 for the 10 fiscal year beginning July 1, 2000, and for each fiscal year 11 thereafter until the principal and interest on all bonds issued 12 by the treasurer of state pursuant to section 12.81 are paid, 13 as determined by the treasurer of state. 14 (d) (i) The total moneys in excess of the moneys deposited 15 in the revenue bonds debt service fund, the revenue bonds 16 federal holdback subsidy fund, the vision Iowa fund, the 17 school infrastructure fund, and the general fund of the 18 state in a fiscal year shall be deposited in the rebuild Iowa 19 infrastructure fund and shall be used as provided in this 20 section, notwithstanding section 8.60. 21 (ii) However, in lieu of the deposit in subparagraph 22 subdivision (i), for the fiscal year beginning July 1, 2010, 23 and for each fiscal year thereafter until the principal and 24 interest on all bonds issued by the treasurer of state pursuant 25 to section 12.87 are paid, as determined by the treasurer 26 of state, fifty-five sixty-four million seven hundred fifty 27 thousand dollars of the excess moneys directed to be deposited 28 in the rebuild Iowa infrastructure fund under subparagraph 29 subdivision (i) shall be deposited in the general fund of the 30 state. 31 (2) If the total amount of moneys directed to be deposited 32 in the general fund of the state under sections 99D.17 and 33 99F.11 in a fiscal year is less than the total amount of moneys 34 directed to be deposited in the revenue bonds debt service 35 -56- LSB 6280XC (12) 83 rh/tm 56/ 77
S.F. _____ fund and the revenue bonds federal subsidy holdback fund in 1 the fiscal year pursuant to this paragraph “e” , the difference 2 shall be paid from moneys deposited in the beer and liquor 3 control fund created in section 123.53 in the manner provided 4 in section 123.53, subsection 3. 5 (3) After the deposit of moneys directed to be deposited 6 in the general fund of the state , and the revenue bonds debt 7 service fund , and the revenue bonds federal subsidy holdback 8 fund, as provided in subparagraph (1), subparagraph division 9 (a), if the total amount of moneys directed to be deposited 10 in the general fund of the state under sections 99D.17 and 11 99F.11 in a fiscal year is less than the total amount of 12 moneys directed to be deposited in the vision Iowa fund and 13 the school infrastructure fund in the fiscal year pursuant to 14 this paragraph “e” , the difference shall be paid from lottery 15 revenues in the manner provided in section 99G.39, subsection 16 3. 17 Sec. 68. Section 8.57, subsection 6, paragraph f, Code 18 Supplement 2009, is amended to read as follows: 19 f. There is appropriated from the rebuild Iowa 20 infrastructure fund to the secure an advanced vision for 21 education fund created in section 423F.2, for each fiscal year 22 of the fiscal period beginning July 1, 2008, and ending June 23 30, 2014, 2010, and for each fiscal year of the fiscal period 24 beginning July 1, 2011, and ending June 30, 2014, the amount of 25 the moneys in excess of the first forty-seven million dollars 26 credited to the rebuild Iowa infrastructure fund during the 27 fiscal year, not to exceed ten million dollars. 28 Sec. 69. Section 8.57A, subsection 4, Code 2009, is amended 29 to read as follows: 30 4. a. There is appropriated from the rebuild Iowa 31 infrastructure fund for the fiscal year years beginning July 32 1, 2008, July 1, 2009, and July 1, 2011, and for each fiscal 33 year thereafter, the sum of forty-two million dollars to 34 the environment first fund, notwithstanding section 8.57, 35 -57- LSB 6280XC (12) 83 rh/tm 57/ 77
S.F. _____ subsection 6, paragraph “c” . 1 b. There is appropriated from the rebuild Iowa 2 infrastructure fund for the fiscal year beginning July 1, 2010, 3 and ending June 30, 2011, the sum of thirty-three million 4 dollars to the environment first fund, notwithstanding section 5 8.57, subsection 6, paragraph “c” . 6 Sec. 70. Section 8.57C, subsection 3, Code Supplement 2009, 7 is amended to read as follows: 8 3. a. There is appropriated from the general fund of the 9 state for the fiscal years beginning July 1, 2006, July 1, 10 2007, July 1, 2010 2011 , and for each subsequent fiscal year 11 thereafter, the sum of seventeen million five hundred thousand 12 dollars to the technology reinvestment fund. 13 b. There is appropriated from the rebuild Iowa 14 infrastructure fund for the fiscal year beginning July 1, 2008, 15 and ending June 30, 2009, the sum of seventeen million five 16 hundred thousand dollars, and for the fiscal year beginning 17 July 1, 2009, and ending June 30, 2010, the sum of fourteen 18 million five hundred twenty-five thousand dollars to the 19 technology reinvestment fund, notwithstanding section 8.57, 20 subsection 6, paragraph “c” . 21 c. There is appropriated from the rebuild Iowa 22 infrastructure fund for the fiscal year beginning July 1, 2010, 23 the sum of ten million dollars to the technology reinvestment 24 fund, notwithstanding section 8.57, subsection 6, paragraph 25 “c” . 26 Sec. 71. Section 12.87, subsections 1 and 2, Code Supplement 27 2009, are amended to read as follows: 28 1. The treasurer of state is authorized to issue and sell 29 bonds on behalf of the state to provide funds for certain 30 infrastructure projects and for purposes of the Iowa jobs 31 program established in section 16.194. The treasurer of state 32 shall have all of the powers which are necessary or convenient 33 to issue, sell and secure bonds and carry out the treasurer of 34 state’s duties, and exercise the treasurer of state’s authority 35 -58- LSB 6280XC (12) 83 rh/tm 58/ 77
S.F. _____ under this section and sections 12.88 through 12.90. The 1 treasurer of state may issue and sell bonds in such amounts as 2 the treasurer of state determines to be necessary to provide 3 sufficient funds for certain infrastructure projects and the 4 revenue bonds capitals fund, the revenue bonds capitals II 5 fund, the payment of interest on the bonds, the establishment 6 of reserves to secure the bonds, the payment of costs of 7 issuance of the bonds, the payment of other expenditures of 8 the treasurer of state incident to and necessary or convenient 9 to carry out the issuance and sale of the bonds, and the 10 payment of all other expenditures of the treasurer of state 11 necessary or convenient to administer the funds and to carry 12 out the purposes for which the bonds are issued and sold. 13 The treasurer of state may issue and sell bonds in one or 14 more series on the terms and conditions the treasurer of 15 state determines to be in the best interest of the state, in 16 accordance with this section in such amounts as the treasurer 17 of state determines to be necessary to fund the purposes for 18 which such bonds are issued and sold . as follows: 19 a. The treasurer of state may issue and sell bonds in 20 amounts which provide aggregate net proceeds of not more 21 than five hundred forty-five six hundred ninety-five million 22 dollars, excluding any bonds issued and sold to refund 23 outstanding bonds issued under this section, as follows: 24 a. (1) The On or after July 1, 2009, the treasurer of 25 state may issue and sell bonds in amounts which provide 26 aggregate net proceeds of not more than one hundred eighty-five 27 million dollars for capital projects which qualify as vertical 28 infrastructure projects as defined in section 8.57, subsection 29 6, paragraph “c” , to the extent practicable in any fiscal year 30 and without limiting other qualifying capital expenditures. 31 b. (2) The On or after July 1, 2009, the treasurer of state 32 may issue and sell bonds in amounts which provide aggregate 33 net proceeds of not more than three hundred sixty million 34 dollars for purposes of the Iowa jobs program established 35 -59- LSB 6280XC (12) 83 rh/tm 59/ 77
S.F. _____ in section 16.194 and for watershed flood rebuilding and 1 prevention projects, soil conservation projects, sewer 2 infrastructure projects, for certain housing and public service 3 shelter projects and public broadband and alternative energy 4 projects, and for projects relating to bridge safety and the 5 rehabilitation of deficient bridges. 6 (3) On or after July 1, 2010, the treasurer of state may 7 issue and sell bonds in amounts which provide aggregate net 8 proceeds of not more than one hundred fifty million dollars 9 for purposes of the Iowa jobs II program established in 10 section 16.194A and for qualified projects in the departments 11 of agriculture and land stewardship, economic development, 12 education, natural resources, and transportation, and the Iowa 13 finance authority, state board of regents, and treasurer of 14 state. 15 2. Bonds issued and sold under this section are payable 16 solely and only out of the moneys in the revenue bonds debt 17 service fund , the revenue bonds federal subsidy holdback 18 fund, and any bond reserve funds established pursuant to 19 section 12.89, and only to the extent provided in the trust 20 indenture, resolution, or other instrument authorizing their 21 issuance. All moneys in the revenue bonds debt service fund , 22 the revenue bonds federal subsidy holdback fund, and any bond 23 reserve funds established pursuant to section 12.89 may be 24 deposited with trustees or depositories in accordance with 25 the terms of the trust indentures, resolutions, or other 26 instruments authorizing the issuance of bonds and pledged by 27 the treasurer of state to the payment thereof. Bonds issued 28 and sold under this section shall contain a statement that the 29 bonds are limited special obligations of the state and do not 30 constitute a debt or indebtedness of the state or a pledge 31 of the faith or credit of the state or a charge against the 32 general credit or general fund of the state. The treasurer 33 of state shall not pledge the credit or taxing power of this 34 state or any political subdivision of this state or make bonds 35 -60- LSB 6280XC (12) 83 rh/tm 60/ 77
S.F. _____ issued and sold pursuant to this section payable out of any 1 moneys except those in the revenue bonds debt service fund , 2 the revenue bonds federal subsidy holdback fund, and any bond 3 reserve funds established pursuant to section 12.89. 4 Sec. 72. Section 12.89, subsection 2, Code Supplement 2009, 5 is amended by adding the following new paragraph: 6 NEW PARAGRAPH . Od. Federal subsidies and any transfers 7 from the revenue bonds federal subsidy holdback fund created 8 pursuant to section 12.89A. 9 Sec. 73. NEW SECTION . 12.89A Revenue bonds federal subsidy 10 holdback fund. 11 1. A revenue bonds federal subsidy holdback fund is created 12 and established as a separate and distinct fund in the state 13 treasury. The treasurer of state shall act as custodian of the 14 fund and disburse moneys contained in the fund. 15 2. The moneys in such fund shall include all of the 16 following: 17 a. The revenues required to be deposited in the fund 18 pursuant to section 8.57, subsection 6, paragraph “e” , 19 subparagraphs (1) and (2). 20 b. Interest attributable to investment moneys in the fund. 21 c. Any other moneys from any other sources which may be 22 legally available to the treasurer of state for the purpose of 23 the fund. 24 3. The moneys in the revenue bonds federal subsidy holdback 25 fund are appropriated and shall be used or transferred to the 26 revenue bonds debt service fund created in section 12.89, 27 subsection 1, solely for the purpose of making payments of 28 principal and interest on federal subsidy bonds when due, if 29 the treasurer of state or the treasurer’s designee has not 30 received a federal subsidy scheduled to be received for such 31 payment by the due date. 32 4. The moneys on deposit in the revenue bonds federal 33 subsidy holdback fund shall be used or transferred to the 34 revenue bonds debt service fund created in section 12.89, 35 -61- LSB 6280XC (12) 83 rh/tm 61/ 77
S.F. _____ subsection 1, solely for the purpose of making payments of 1 principal and interest on federal subsidy bonds prior to any 2 use or transfer of moneys on deposit in any bond reserve fund 3 created for such federal subsidy bonds by the treasurer of 4 state pursuant to section 12.89, subsection 3, paragraph “a” . 5 5. At any time during each fiscal year that there are moneys 6 on deposit in the revenue bonds federal subsidy holdback fund 7 that are not needed to pay principal and interest on federal 8 subsidy bonds during such fiscal year as determined by the 9 treasurer of state or the treasurer’s designee, all moneys on 10 deposit in the revenue bonds federal subsidy holdback account 11 shall be credited to the rebuild Iowa infrastructure fund of 12 the state. 13 6. For purposes of this section: 14 a. “Federal subsidy” means any payment from the federal 15 government with respect to federal subsidy bonds. 16 b. “Federal subsidy bonds” means any bonds issued and 17 sold pursuant to section 12.87 for which a federal subsidy is 18 expected to be paid on or before any date on which interest on 19 such bonds is due and payable. 20 Sec. 74. Section 15F.204, subsection 8, paragraph a, 21 subparagraph (6), Code Supplement 2009, is amended by striking 22 the subparagraph. 23 Sec. 75. Section 15F.204, subsection 8, paragraph b, 24 subparagraph (4), Code Supplement 2009, is amended by striking 25 the subparagraph. 26 Sec. 76. Section 16.181A, Code 2009, is amended to read as 27 follows: 28 16.181A Housing trust fund —— appropriations. 29 1. There is appropriated from the rebuild Iowa 30 infrastructure fund to the Iowa finance authority for deposit 31 in the housing trust fund created in section 16.181, for the 32 fiscal year beginning July 1, 2009, and ending June 30, 2010, 33 and for each succeeding fiscal year, the sum of three million 34 dollars. 35 -62- LSB 6280XC (12) 83 rh/tm 62/ 77
S.F. _____ 2. There is appropriated from the rebuild Iowa 1 infrastructure fund to the Iowa finance authority for deposit 2 in the housing trust fund created in section 16.181, for the 3 fiscal year beginning July 1, 2010 and ending June 30, 2011, 4 the sum of one million dollars. 5 Sec. 77. Section 16.192, subsections 2 and 4, Code 6 Supplement 2009, are amended to read as follows: 7 2. Establish the Iowa jobs program pursuant to section 8 16.194 and the Iowa jobs II program pursuant to section 9 16.194A . 10 4. Award financial assistance in the form of grants under 11 the Iowa jobs program pursuant to sections 16.194 , 16.194A, and 12 16.195. 13 Sec. 78. Section 16.193, subsection 2, Code Supplement 14 2009, is amended to read as follows: 15 2. During the term of the Iowa jobs program established 16 in section 16.194 and the Iowa jobs II program established 17 in section 16.194A , two hundred thousand dollars of the 18 moneys deposited in the rebuild Iowa infrastructure fund 19 shall be allocated each fiscal year to the Iowa finance 20 authority for purposes of administering the Iowa jobs program, 21 notwithstanding section 8.57, subsection 6, paragraph “c” . 22 Sec. 79. NEW SECTION . 16.194A Iowa jobs II program —— 23 disaster prevention. 24 1. An Iowa jobs II program is created to assist in the 25 development and completion of public construction projects 26 relating to disaster prevention. 27 2. A city or county in this state or a regional transit 28 district as defined in chapter 28M that applies the smart 29 planning principles and guidelines pursuant to sections 18B.1 30 and 18B.2, if enacted in 2010 Iowa Acts, Senate File 2265, may 31 submit an application to the Iowa jobs board for financial 32 assistance for a local infrastructure competitive grant for 33 an eligible project under the program, notwithstanding any 34 limitation on the state’s percentage in funding as contained in 35 -63- LSB 6280XC (12) 83 rh/tm 63/ 77
S.F. _____ section 29C.6, subsection 17. 1 3. Financial assistance under the program shall be awarded 2 in the form of grants. 3 4. The board shall consider the following criteria in 4 evaluating eligible projects to receive financial assistance 5 under the program: 6 a. The total number and quality of jobs to be created and 7 the benefits likely to accrue to areas distressed by high 8 unemployment. 9 b. Financial feasibility, including the ability of projects 10 to fund depreciation costs or replacement reserves, and the 11 availability of other federal, state, local, and private 12 sources of funds. 13 c. Sustainability and energy efficiency. 14 d. Benefits for disaster prevention. 15 e. The project’s readiness to proceed. 16 5. An applicant must demonstrate local support for the 17 project as defined by rule. 18 6. Any award of financial assistance to a project shall be 19 limited to up to seventy-five percent of the total cost of the 20 development and completion of a public construction project 21 relating to disaster prevention. 22 7. In order for a project to be eligible to receive 23 financial assistance from the board, the project must be a 24 public construction project pursuant to subsection 1 with a 25 demonstrated substantial local, regional, or statewide economic 26 impact. 27 8. The board shall not approve an application for assistance 28 for any of the following purposes: 29 a. To refinance a loan existing prior to the date of the 30 initial financial assistance application. 31 b. For a project that has previously received financial 32 assistance under the program, unless the applicant demonstrates 33 that the financial assistance would be used for a significant 34 expansion of a project. 35 -64- LSB 6280XC (12) 83 rh/tm 64/ 77
S.F. _____ 9. Any portion of an amount allocated for projects 1 that remains unexpended or unencumbered one year after the 2 allocation has been made may be reallocated to another project 3 category, at the discretion of the board. The board shall 4 ensure that all bond proceeds be expended within three years 5 from when the allocation was initially made. 6 10. The board shall ensure that funds obligated under 7 this section are coordinated with other federal program funds 8 received by the state, and that projects receiving funds are 9 located in geographically diverse areas of the state. 10 Sec. 80. Section 16.195, subsection 2, Code Supplement 11 2009, is amended to read as follows: 12 2. A review committee composed of members of the 13 board as determined by the board shall review Iowa jobs 14 program applications submitted to the board and make 15 recommendations regarding the applications to the board. When 16 reviewing the applications, the review committee and the 17 authority shall consider the project criteria specified in 18 section sections 16.194 and 16.194A . The board shall develop 19 the appropriate level of transparency regarding project fund 20 allocations. 21 Sec. 81. Section 26.3, subsection 2, Code Supplement 2009, 22 is amended to read as follows: 23 2. A governmental entity shall have an engineer licensed 24 under chapter 542B, a landscape architect licensed under 25 chapter 544B, or an architect registered under chapter 26 544A prepare plans and specifications, and calculate the 27 estimated total cost of a proposed public improvement. A 28 governmental entity shall ensure that a sufficient number 29 of paper copies of the project’s contract documents, including 30 all drawings, plans, specifications, and estimated total costs 31 of the proposed public improvement are made available for 32 distribution at no charge to prospective bidders , subcontractor 33 bidders, suppliers, and contractor plan room services . If 34 a deposit is required as part of a paper contract documents 35 -65- LSB 6280XC (12) 83 rh/tm 65/ 77
S.F. _____ distribution policy by the public owner, the deposit shall not 1 exceed one thousand dollars per set which shall be refunded 2 upon return of the contract documents within fourteen days 3 after award of the project. If the contract documents are not 4 returned in a timely manner and in a reusable condition, the 5 deposit shall be forfeited. 6 Sec. 82. Section 123.53, subsections 3 and 4, Code 7 Supplement 2009, are amended to read as follows: 8 3. Notwithstanding subsection 2, if gaming revenues under 9 sections 99D.17 and 99F.11 are insufficient in a fiscal year to 10 meet the total amount of such revenues directed to be deposited 11 in the revenue bonds debt service fund and the revenue bonds 12 federal subsidy holdback fund during the fiscal year pursuant 13 to section 8.57, subsection 6, paragraph “e” , the difference 14 shall be paid from moneys deposited in the beer and liquor 15 control fund prior to transfer of such moneys to the general 16 fund pursuant to subsection 2 and prior to the transfer of such 17 moneys pursuant to subsections 5 and 6. If moneys deposited in 18 the beer and liquor control fund are insufficient during the 19 fiscal year to pay the difference, the remaining difference 20 shall be paid from moneys deposited in the beer and liquor 21 control fund in subsequent fiscal years as such moneys become 22 available. 23 4. The treasurer of state shall, each quarter, prepare 24 an estimate of the gaming revenues and of the moneys to be 25 deposited in the beer and liquor control fund that will become 26 available during the remainder of the appropriate fiscal year 27 for the purposes described in subsection 3. The department 28 of management, the department of inspections and appeals, and 29 the department of commerce shall take appropriate actions to 30 provide that the sum of the amount of gaming revenues available 31 to be deposited into the revenue bonds debt service fund during 32 a fiscal year and the amount of moneys to be deposited in the 33 beer and liquor control fund available to be deposited into 34 the revenue bonds debt service fund and the revenue bonds 35 -66- LSB 6280XC (12) 83 rh/tm 66/ 77
S.F. _____ federal subsidy holdback fund during such fiscal year will be 1 sufficient to cover any anticipated deficiencies. 2 Sec. 83. Section 327H.20A, subsection 3, Code Supplement 3 2009, is amended to read as follows: 4 3. Notwithstanding any other provision to the contrary, 5 on or after July 1, 2006, moneys received as repayments for 6 loans made pursuant to this chapter or chapter 327I, Code 2009, 7 before, on, or after July 1, 2005, other than repayments of 8 federal moneys subject to section 327H.21, shall be credited to 9 the railroad revolving loan and grant fund. Notwithstanding 10 section 8.33, moneys in the railroad revolving loan and grant 11 fund shall not revert to the general fund of the state fund 12 from which it was appropriated but shall remain available 13 indefinitely for expenditure under this section. 14 Sec. 84. Section 327J.2, subsection 3, Code Supplement 15 2009, is amended to read as follows: 16 3. No reversion. Notwithstanding section 8.33, any balance 17 in the fund on June 30 of any fiscal year shall not revert 18 to the general fund of the state fund from which it was 19 appropriated . 20 Sec. 85. REPEAL. Sections 8.57D, 12.90A, 12.90B, 12.90C, 21 16.185, 16.186, 16.187, and 313.68, Code Supplement 2009, are 22 repealed. 23 EXPLANATION 24 This bill makes appropriations to state departments and 25 agencies from the rebuild Iowa infrastructure fund, the 26 technology reinvestment fund, the revenue bonds capitals fund, 27 the revenue bonds capitals II fund, the FY 2009 prison bonding 28 fund, and other funds, creates the Iowa jobs II program and the 29 revenue bonds federal subsidy holdback fund, and provides for 30 related matters. 31 DIVISION I —— REBUILD IOWA INFRASTRUCTURE FUND 32 APPROPRIATIONS. This division appropriates project funding 33 for FY 2010-2011 from the rebuild Iowa infrastructure fund, 34 including projects for the departments of administrative 35 -67- LSB 6280XC (12) 83 rh/tm 67/ 77
S.F. _____ services, agriculture and land stewardship, for the blind, 1 cultural affairs, economic development, education, natural 2 resources, public defense, public health, transportation, and 3 veterans affairs, and to the Iowa finance authority, the state 4 board of regents, and the treasurer of state. 5 The division appropriates project funding for FY 2011-2012, 6 FY 2012-2013, and FY 2013-2014 from the rebuild Iowa 7 infrastructure fund to the department of corrections and for 8 FY 2011-2012, FY 2012-2013, FY 2013-2014, and FY 2014-2015 9 from the rebuild Iowa infrastructure fund to the department of 10 natural resources. 11 DIVISION II —— TECHNOLOGY REINVESTMENT FUND —— 12 APPROPRIATIONS. This division appropriates project funding 13 for FY 2010-2011 from the technology reinvestment fund for 14 the departments of administrative services, corrections, 15 education, and public health, and the Iowa telecommunications 16 and technology commission. 17 DIVISION III —— REVENUE BONDS CAPITALS FUND —— 18 APPROPRIATIONS. This division appropriates project funding 19 for FY 2010-2011 from the revenue bonds capitals fund for the 20 departments of administrative services, agriculture and land 21 stewardship, cultural affairs, corrections, natural resources, 22 and the Iowa state fair, state board of regents, and the Iowa 23 finance authority. 24 DIVISION IV —— REVENUE BONDS CAPITALS II FUND —— 25 APPROPRIATIONS. The division creates a revenue bonds capitals 26 II fund. Revenue for the revenue bonds capitals II fund shall 27 include but is not limited to the net proceeds of certain bonds 28 issued by the treasurer of state on or after July 1, 2010, 29 interest attributable to investment of moneys in the fund or 30 an account of the fund, and moneys in the form of a devise, 31 gift, bequest, donation, federal or other grant, reimbursement, 32 repayment, judgment, transfer, payment, or appropriation from 33 any source intended to be used for the purposes of the fund. 34 Annually, on or before January 15 of each year, a state agency 35 -68- LSB 6280XC (12) 83 rh/tm 68/ 77
S.F. _____ that received an appropriation from the revenue bonds capitals 1 II fund shall report to the legislative services agency and the 2 department of management the status of all projects completed 3 or in progress. 4 The division appropriates project funding for FY 2010-2011 5 from the revenue bonds capitals II fund created in the bill to 6 the departments of agriculture and land stewardship, economic 7 development, education, natural resources, and transportation 8 and to the Iowa finance authority including to the Iowa jobs 9 board for purposes of the Iowa jobs II program, created in the 10 bill, state board of regents, and treasurer of state. 11 DIVISION V —— FY 2009 PRISON BONDING FUND. This division 12 appropriates project funding for FY 2010-2011 to the department 13 of corrections. 14 DIVISION VI —— GROW IOWA VALUES FUND. Currently, the Code 15 provides that for each fiscal year through the fiscal period 16 ending June 30, 2015, the grow Iowa values fund is to receive 17 an annual appropriation of $50 million from either the general 18 fund or the rebuild Iowa infrastructure fund. The division 19 provides that the appropriation for FY 2010-2011 shall be 20 from the rebuild Iowa infrastructure fund. The department is 21 directed to allocate that $50 million for certain purposes. 22 This division appropriates $38 million from the rebuild 23 Iowa infrastructure fund to the grow Iowa values fund for 24 FY 2010-2011. The division also decreases the FY 2010-2011 25 standing appropriation from the grow Iowa values fund to the 26 department of economic development from $50 million to $38 27 million and makes conforming changes to certain allocations. 28 The division allows the department to allocate, of the 29 moneys in the targeted small business financial assistance 30 program account of the strategic investment fund, amounts 31 necessary for marketing, compliance, and the provision of 32 mentoring services. 33 Currently, the department must allocate $3 million for 34 deposit in the innovation and commercialization development 35 -69- LSB 6280XC (12) 83 rh/tm 69/ 77
S.F. _____ fund. The division amends this allocation to require the 1 department to allocate $5.5 million for deposit in the 2 innovation and commercialization development fund. 3 The division also creates a new allocation of $1 million for 4 deposit in the targeted small business financial assistance 5 program account within the strategic investment fund. 6 Currently, the Code does not appropriate interest on moneys 7 in the grow Iowa values fund. The division appropriates the 8 interest to the department and directs the department to 9 allocate it for certain purposes. 10 DIVISION VII —— ALTERNATIVE PUBLIC PROJECT DELIVERY PROGRAM. 11 This division establishes a new division in Code chapter 262 12 that creates an alternative project delivery commission and an 13 alternative project delivery program for governmental entities. 14 The bill defines governmental entity to be the board of regents 15 and institutions under the control of the board of regents. 16 The new division contains three parts. 17 Part 1 establishes an alternative project delivery 18 commission consisting of seven members, appointed by the board 19 of regents and other specified design and construction industry 20 associations. The part establishes quorum, meeting, voting, 21 and conflict of interest requirements for the commission, 22 designates the member appointed by the board of regents as 23 the commission chairperson, and authorizes the commission to 24 adopt policies and procedures to carry out the duties of the 25 commission. 26 Part 1 also establishes an alternative project delivery 27 program under the authority of the alternative project delivery 28 commission. The commission is responsible for selecting 29 the public projects for inclusion in the program based on 30 applications submitted by the governmental entities. The 31 commission is required to prepare and file a report with the 32 governor and the general assembly on or before January 15, 33 2014. The report is required to detail the activities of the 34 commission and provide information on each public project in 35 -70- LSB 6280XC (12) 83 rh/tm 70/ 77
S.F. _____ the program. 1 Part 1 also specifies publication requirements for public 2 notices provided by the governmental entity during the 3 alternative project delivery procedures and provides that 4 certain documents and information related to the alternative 5 project delivery procedures must be made available for public 6 inspection after the award or letting of the contract. 7 Parts 2 and 3 of the new division establish two alternative 8 project delivery procedures for use by the governmental 9 entities selected for inclusion in the program. For each 10 alternative project delivery procedure, the governmental 11 entity is required to employ or retain a criteria consultant 12 to assist in the preparation of a request for qualifications 13 and a request for proposals. Each of the alternative project 14 delivery procedures is conducted in two phases. 15 Part 2 of the new division provides the requirements and 16 procedures for construction management project delivery and for 17 the selection of a construction manager. Under part 2, the 18 governmental entity is required to employ a design professional 19 to design the public project and prepare the construction 20 documents for the public project. Phase I of the construction 21 manager selection process includes publication of a request 22 for qualifications by the governmental entity, review of the 23 statements of qualifications, and the selection of a minimum 24 of two but not more than five construction managers to advance 25 to phase II. Phase II includes a request for proposals, the 26 receipt of proposals from those construction managers selected 27 during phase I, an interview with each construction manager 28 that submits a proposal, evaluation of each proposal, and 29 selection of a construction manager for the public project. 30 Part 3 of the new division provides the requirements and 31 procedures for design-build project delivery and for the 32 selection of a design-builder. Phase I of the design-builder 33 selection process includes publication of a request for 34 qualifications by the governmental entity, review of the 35 -71- LSB 6280XC (12) 83 rh/tm 71/ 77
S.F. _____ statements of qualifications, and the selection of a minimum of 1 two but not more than five design-builders to advance to phase 2 II. Phase II includes a request for proposals, the receipt of 3 proposals from those design-builders selected during phase I, 4 including a separate cost and schedule proposal, an interview 5 with each design-builder that submits a proposal, evaluation of 6 each proposal, and selection of a design-builder for the public 7 project. 8 DIVISION VIII —— FLOODPLAIN MAPPING. This division provides 9 for the use of funds allocated to the department of natural 10 resources for floodplain mapping from the appropriation made 11 to the department of economic development in 2009 Iowa Acts, 12 chapter 183, section 67, of federal community development block 13 grant funds awarded to the state under the federal Consolidated 14 Security, Disaster Assistance, and Continuing Appropriations 15 Act, 2009, Pub. L. No. 110-329, the department of economic 16 development shall enter an agreement in an amount of not less 17 than $10,000,000 with the state university of Iowa for the 18 development of new floodplain maps by June 30, 2014, by the 19 Iowa flood center established pursuant to section 466C.1. The 20 department of economic development shall structure the contract 21 to be consistent with any plan for use of the funds approved 22 by any federal agency, or, if necessary, follow any procedures 23 necessary for approval of this contract. 24 DIVISION IX —— DEPARTMENT OF ADMINISTRATIVE SERVICES —— 25 OFFICE SPACE. This division requires the department of 26 administrative services to issue a request for proposals 27 by December 1, 2010, concerning the availability and cost 28 of office space for state employees in downtown Des Moines 29 and in other areas in close proximity to the state capitol 30 complex. The department shall submit a written report to 31 the general assembly concerning the request for proposals by 32 January 14, 2011. The department is also required to conduct 33 a cost-benefit analysis of utilizing existing office space in 34 downtown Des Moines and other areas in close proximity to the 35 -72- LSB 6280XC (12) 83 rh/tm 72/ 77
S.F. _____ state capitol complex in lieu of replacing or renovating the 1 Wallace Building. The department shall submit a written report 2 to the general assembly concerning the cost-benefit analysis by 3 January 14, 2011. 4 DIVISION X —— CHANGES TO PRIOR YEAR APPROPRIATIONS. This 5 division makes changes to prior year appropriations for FY 6 2006-2007 from the rebuild Iowa infrastructure fund for the 7 department of public safety and from Iowa’s health restricted 8 capitals fund for the department of administrative services. 9 The division makes changes to prior year appropriations 10 for FY 2007-2008 from the rebuild Iowa infrastructure fund 11 for the state board of regents and from the technology 12 reinvestment fund for the department of human rights and the 13 Iowa workforce development. The division makes changes to 14 prior year appropriations for FY 2008-2009 from the technology 15 reinvestment fund for the department of education, from the 16 revenue bonds capitals fund for the department of corrections, 17 from the rebuild Iowa infrastructure fund for the departments 18 of administrative services and cultural affairs, and from the 19 FY 2009 prison bonding fund for the department of corrections. 20 The division makes changes to prior year appropriations for 21 FY 2009-2010 from the revenue bonds capitals fund for the 22 departments of agriculture and land stewardship, economic 23 development, natural resources, transportation, and the 24 Iowa telecommunications and technology commission, and from 25 the rebuild Iowa infrastructure fund for the departments of 26 cultural affairs and transportation. 27 The division makes changes to prior year appropriations 28 for FY 2010-2011 from the rebuild Iowa infrastructure fund to 29 the department of economic development and from the rebuild 30 Iowa infrastructure fund to the departments of administrative 31 services, corrections, state board of regents, and the Iowa 32 state fair. 33 This division takes effect upon enactment. 34 DIVISION XI —— MISCELLANEOUS CODE CHANGES. The division 35 -73- LSB 6280XC (12) 83 rh/tm 73/ 77
S.F. _____ eliminates the standing FY 2010-2011 $10 million appropriation 1 from the rebuild Iowa infrastructure fund to the secure an 2 advanced vision for education (SAVE) fund. 3 The division reduces the FY 2010-2011 standing appropriation 4 from the rebuild Iowa infrastructure fund to the environment 5 first fund from $42 million to $33 million. 6 The division appropriates $10 million from the rebuild Iowa 7 infrastructure fund to the technology reinvestment fund for FY 8 2010-2011. 9 The division makes changes to Code section 8.57 relating 10 to the distribution of wagering tax allocations for purposes 11 of pledging a revenue stream for revenue bonds issued on or 12 after July 1, 2010, authorized under the bill. In addition, 13 the division makes changes to Code section 123.53 relating to 14 the beer and liquor control fund to provide for a secondary 15 source of revenue funding for the revenue bonds relating to the 16 revenue bonds federal subsidy holdback fund. 17 The division authorizes the treasurer of state to issue and 18 sell bonds in amounts which provide aggregate net proceeds of 19 not more than $150 million for purposes of an Iowa jobs grant 20 program relating to disaster prevention for qualified projects 21 in the departments of agriculture and land stewardship, 22 economic development, education, and transportation, and the 23 Iowa finance authority, the state board of regents, and the 24 treasurer of state. 25 The division creates a revenue bonds federal subsidy 26 holdback fund comprised of the wagering tax revenues required 27 to be deposited in the fund, interest attributable to 28 investment moneys in the fund, and any other moneys from any 29 other sources which may be legally available to the treasurer 30 of state for the purpose of the fund. The moneys in the 31 revenue bonds federal subsidy holdback fund are appropriated 32 and shall be used or transferred to the revenue bonds debt 33 service fund solely for the purpose of making payments of 34 principal and interest on the federal subsidy bonds when due, 35 -74- LSB 6280XC (12) 83 rh/tm 74/ 77
S.F. _____ if the treasurer of state or the treasurer’s designee has not 1 received a federal subsidy scheduled to be received for such 2 payment by the due date. The moneys on deposit in the revenue 3 bonds federal subsidy holdback fund are required to be used 4 or transferred to the revenue bonds debt service fund solely 5 for the purpose of making payments of principal and interest 6 on federal subsidy bonds prior to any use or transfer of 7 moneys on deposit in any bond reserve fund created for such 8 federal subsidy bonds by the treasurer of state. At any time 9 during each fiscal year that there are moneys on deposit in 10 the revenue bonds federal subsidy holdback fund that are not 11 needed to pay principal and interest on federal subsidy bonds 12 during such fiscal year, all moneys on deposit in the revenue 13 bonds federal subsidy holdback account shall be credited to 14 the general fund. For purposes of the bill, “federal subsidy” 15 means any payment from the federal government with respect to 16 federal subsidy bonds and “federal subsidy bonds” means any 17 bonds issued and sold pursuant to Code section 12.87 for which 18 a federal subsidy is expected to be paid on or before any date 19 on which interest on such bonds is due and payable. 20 The division eliminates standing appropriations for FY 21 2010-2011 from the rebuild Iowa infrastructure fund to the 22 community attraction and tourism fund and from the franchise 23 tax revenues deposited in the general fund of the state to the 24 community attraction and tourism fund. 25 The division eliminates standing appropriations from the 26 rebuild Iowa infrastructure fund and the general fund for FY 27 2010-2011 to the department of economic development for the 28 community attraction and tourism program. 29 The division appropriates funds from the rebuild Iowa 30 infrastructure fund to the Iowa finance authority for deposit 31 into the housing trust fund for FY 2010-2011. 32 The division creates an Iowa jobs II program to assist 33 in the development and completion of public construction 34 projects relating to disaster prevention. A city or county 35 -75- LSB 6280XC (12) 83 rh/tm 75/ 77
S.F. _____ in this state or a regional transit district as defined in 1 chapter 28M that applies the smart planning principles and 2 guidelines pursuant to Code sections 18B.1 and 18B.2 if 3 enacted in 2010 Iowa Acts, Senate File 2265, may submit an 4 application to the Iowa jobs board created in Code section 5 16.191 for a local infrastructure competitive grant for an 6 eligible project under the program. The board is required to 7 consider certain criteria in evaluating eligible projects to 8 receive financial assistance under the program. Any award 9 of financial assistance to a project is limited to up to 75 10 percent of the total cost of the total cost of the development 11 and completion of a public construction project relating to 12 disaster prevention. 13 The division amends Code section 26.3 relating to 14 competitive bids for public improvement contracts. The 15 division provides that a governmental entity shall ensure that 16 a sufficient number of paper copies of the project’s contract 17 documents, including all drawings, plans, specifications, and 18 estimated total costs of the proposed public improvement are 19 made available for distribution at no charge to prospective 20 bidders, subcontractor bidders, suppliers, and contractor plan 21 room services. If a deposit is required as part of a paper 22 contract documents distribution policy by the public owner, 23 the deposit shall not exceed $1,000 per set which shall be 24 refunded upon return of the contract documents within 14 days 25 after award of the project. If the contract documents are not 26 returned in a timely manner and in a reusable condition, the 27 deposit shall be forfeited. 28 The division makes technical changes relating to the 29 reversion of funds provisions in Code sections 327H.20A 30 (railroad revolving loan and grant fund) and 327J.2 (passenger 31 rail service revolving fund). 32 The division repeals Code section 12.90A authorizing the 33 treasurer of state to issue annual appropriation bonds on or 34 after July 1, 2010, and makes conforming changes by repealing 35 -76- LSB 6280XC (12) 83 rh/tm 76/ 77
S.F. _____ the annual appropriation bonds debt service fund (Code section 1 12.90B), the appropriations bonds capitals fund (Code section 2 12.90C), and the vertical infrastructure restricted capitals 3 fund (Code section 8.57D). 4 The division repeals the public service shelter grant 5 fund (Code section 16.185), the disaster damage housing 6 assistance grant fund (Code section 16.186), the affordable 7 housing assistance grant fund (Code section 16.187), and the 8 bridge safety fund (Code section 313.68), and makes conforming 9 changes. 10 -77- LSB 6280XC (12) 83 rh/tm 77/ 77