House File 408 - Introduced HOUSE FILE 408 BY KELLEY A BILL FOR An Act relating to city emergency warning systems by requiring 1 that each city establish, operate, and maintain an emergency 2 warning system, creating a city emergency warning systems 3 grant fund, and making appropriations. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2241YH (7) 85 aw/sc
H.F. 408 Section 1. NEW SECTION . 29C.20C City emergency warning 1 systems grant fund. 2 1. A city emergency warning systems grant fund is created 3 in the state treasury under the control of the administrator 4 of the homeland security and emergency management division of 5 the department of public defense. The fund shall consist of 6 appropriations made to the fund by the general assembly and 7 any other moneys available to and obtained or accepted by the 8 administrator from the federal government or private sources 9 for deposit in the fund. 10 2. Notwithstanding section 8.33, moneys remaining in the 11 city emergency warning systems grant fund at the end of a 12 fiscal year shall not revert to the general fund of the state. 13 Notwithstanding section 12C.7, subsection 2, interest or 14 earnings on moneys in the city emergency warning systems grant 15 fund shall be credited to the fund. 16 3. A city may apply to the administrator for a city 17 emergency warning systems grant to pay all or a portion of the 18 cost to establish, expand, upgrade, or modernize an emergency 19 warning system. The administrator may award a city emergency 20 warning systems grant to a city if the administrator determines 21 that the city is eligible under subsection 4. A city applying 22 for a grant under this section shall apply on forms and 23 according to instructions provided by the administrator. 24 4. The administrator shall adopt, by rule, standards and a 25 process for evaluating applications for city emergency warning 26 systems grants. The administrator shall give priority to 27 cities that have not established an emergency warning system 28 prior to the submission of an application. 29 5. There is appropriated annually to the administrator for 30 the fiscal period beginning July 1, 2013, and ending June 30, 31 2019, moneys in the fund necessary to award grants under this 32 section. 33 6. This section is repealed effective June 30, 2019. Moneys 34 in the city emergency warning systems grant fund on June 30, 35 -1- LSB 2241YH (7) 85 aw/sc 1/ 5
H.F. 408 2019, shall be transferred to the rebuild Iowa infrastructure 1 fund, created in section 8.57, subsection 5. 2 Sec. 2. NEW SECTION . 364.16A Emergency warning systems. 3 Each city shall, by July 1, 2018, establish an emergency 4 warning system that incorporates, at a minimum, a tornado 5 siren, and that may include other emergency warning devices, 6 as deemed appropriate by the city. Upon establishment of an 7 emergency warning system, a city shall operate and maintain the 8 system. 9 Sec. 3. EMERGENCY WARNING SYSTEMS APPROPRIATIONS —— FY 10 2013-2014 THROUGH FY 2015-2016. There is appropriated from 11 the rebuild Iowa infrastructure fund to the homeland security 12 and emergency management division of the department of public 13 defense for the following fiscal years the following amounts, 14 or so much thereof as is necessary, to be used for the purposes 15 designated, notwithstanding section 8.57, subsection 5, 16 paragraph “c”: 17 For deposit in the city emergency warning systems grant fund 18 created in section 29C.20C: 19 FY 2013-2014 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 20 FY 2014-2015 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 21 FY 2015-2016 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 22 Sec. 4. CITY EMERGENCY WARNING SYSTEMS NEEDS STUDY AND 23 REPORT. 24 1. The administrator of the homeland security and emergency 25 management division of the department of public defense 26 shall, beginning on July 1, 2016, initiate and coordinate the 27 establishment of a city emergency warning system needs study. 28 The study shall focus on the progress made by Iowa cities in 29 establishing, expanding, upgrading, or modernizing emergency 30 warning systems and on the remaining financial needs of cities 31 relating to the establishment of emergency warning systems. 32 2. The administrator of the homeland security and 33 emergency management division of the department of public 34 defense shall prepare a report for delivery to the general 35 -2- LSB 2241YH (7) 85 aw/sc 2/ 5
H.F. 408 assembly, the chairpersons of the joint appropriations 1 subcommittee on transportation, infrastructure, and capitals, 2 and the governor no later than January 1, 2017, regarding 3 the progress made by Iowa cities in establishing, expanding, 4 upgrading, or modernizing emergency warning systems and 5 on the remaining financial needs of cities relating to the 6 establishment of emergency warning systems. The report shall 7 make recommendations to the general assembly and the governor 8 relative to any remaining financial needs of cities. 9 Sec. 5. STATE MANDATE FUNDING SPECIFIED. In accordance 10 with section 25B.2, subsection 3, fifteen million dollars and 11 certain interest and earnings are specified as the state cost 12 of requiring compliance with any state mandate included in this 13 Act. This specification of the amount of the state cost shall 14 be deemed to meet all the state funding-related requirements 15 of section 25B.2, subsection 3, and no other specific state 16 funding shall be necessary for the full implementation of 17 this Act by and enforcement of this Act against all affected 18 political subdivisions. 19 EXPLANATION 20 This bill requires that each city establish, operate, and 21 maintain an emergency warning system, creates a city emergency 22 warning systems grant fund, and makes appropriations. 23 The bill requires that each city establish an emergency 24 warning system that incorporates, at a minimum, a tornado 25 siren, by July 1, 2018. The bill also requires that a city 26 operate and maintain the emergency warning system. 27 A city emergency warning systems grant fund is created in 28 new Code section 29C.20C under the control of the administrator 29 of the homeland security and emergency management division of 30 the department of public defense. A city may apply to the 31 administrator for a city emergency warning systems grant to 32 establish, expand, upgrade, or modernize an emergency warning 33 system. The administrator is required to adopt standards and a 34 process for evaluating applications for grants and shall give 35 -3- LSB 2241YH (7) 85 aw/sc 3/ 5
H.F. 408 priority to cities that have not previously established an 1 emergency warning system. Interest or earnings on moneys in 2 the city emergency warning systems grant fund shall be credited 3 to the fund. Moneys remaining in the city emergency warning 4 systems grant fund at the end of a fiscal year shall not revert 5 to the general fund. 6 The bill further provides for the appropriation of $5 7 million to the homeland security and emergency management 8 division from the rebuild Iowa infrastructure fund for deposit 9 in the city emergency warning systems grant fund each fiscal 10 year of the fiscal period beginning July 1, 2013, and ending 11 June 30, 2016. 12 New Code section 29C.20C, establishing the grant fund, is 13 repealed by its own terms effective June 30, 2019. Moneys 14 remaining in the city emergency warning systems grant fund 15 on June 30, 2019, shall be transferred to the rebuild Iowa 16 infrastructure fund, created in Code section 8.57, subsection 17 5. Pursuant to Code section 8.57, subsection 5, paragraph “h”, 18 the department of public defense shall be required to report 19 to the department of management and the legislative services 20 agency on the status of all projects completed or in progress 21 by January 15 of each fiscal year. 22 The bill requires that the administrator of the homeland 23 security and emergency management division initiate and 24 coordinate the establishment of a city emergency warning 25 systems needs study to focus on the progress made by Iowa 26 cities in establishing, expanding, upgrading, or modernizing 27 emergency warning systems and on the remaining financial 28 needs of cities relating to the establishment of emergency 29 warning systems. The bill further requires the administrator 30 to prepare a report on such issues to the general assembly, 31 the chairpersons of the joint appropriations subcommittee on 32 transportation, infrastructure, and capitals, and the governor 33 by January 1, 2017. 34 The bill may include a state mandate as defined in Code 35 -4- LSB 2241YH (7) 85 aw/sc 4/ 5
H.F. 408 section 25B.3. The bill specifies that the $15 million in 1 appropriations is deemed to meet the state funding-related 2 requirements of any state mandate included in the bill. The 3 specification is deemed to constitute state compliance with 4 any state mandate funding-related requirements of Code section 5 25B.2. The inclusion of this specification is intended to 6 reinstate the requirement of political subdivisions to comply 7 with any state mandates included in the bill. 8 -5- LSB 2241YH (7) 85 aw/sc 5/ 5