Senate File 2034 - Introduced SENATE FILE 2034 BY HOGG A BILL FOR An Act establishing a tornado resistance infrastructure 1 program, making an appropriation, and including effective 2 date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5275XS (5) 85 rn/nh
S.F. 2034 Section 1. TORNADO RESISTANCE INFRASTRUCTURE PROGRAM —— 1 APPROPRIATION. 2 1. There is established a tornado resistance infrastructure 3 program to be administered by the department of homeland 4 security and emergency management established in section 5 29C.5. The objective of the program shall be to provide 6 funding to designated entities to assist in the financing of 7 infrastructure improvement projects designed to enhance tornado 8 resistance in certain physical structures and reduce the 9 likelihood of significant tornado-related damage. 10 2. a. In order to receive funding pursuant to the program, 11 an applicant shall submit project plans certified by an 12 engineer, architect, or other professional designated by the 13 department by rule as qualified to verify that the proposed 14 project meets standards for effectiveness in tornado safety to 15 be developed by the department. 16 b. Eligible applicants shall include owners or entities in 17 charge of the following types of physical structures: 18 (1) School buildings. 19 (2) Mobile home parks. 20 (3) Physical structures at summer camp facilities. 21 (4) Apartment complexes and dormitories. 22 (5) Hospitals and nursing homes. 23 (6) Stadiums, fairgrounds, and other outdoor public 24 facilities. 25 (7) Any other facility, including business and industrial 26 facilities, determined by the department to have or face a 27 demonstrable risk of significant tornado damage. 28 3. a. Fifty percent of the funds appropriated pursuant to 29 subsection 6 shall be allocated for school building, mobile 30 home park, and summer camp tornado resistance infrastructure 31 improvement projects. School districts, institutions under the 32 control of the state board of regents, mobile home park owners 33 and operators, and summer camp owners and operators may receive 34 up to seventy-five percent of the estimated cost of a project 35 -1- LSB 5275XS (5) 85 rn/nh 1/ 4
S.F. 2034 from program funds. 1 b. Owners or entities in charge of physical structures other 2 than school buildings and mobile home parks may receive up to 3 fifty percent of the estimated cost of a project from program 4 funds. 5 4. Factors to be considered by the department in 6 awarding funds for projects pursuant to this section shall 7 include but not be limited to a physical structure’s current 8 vulnerability to tornado damage, project support from local 9 emergency management officials, the number of children and 10 adults projected to receive enhanced safety and protection 11 pursuant to the project, the level of financial commitment 12 and participation by the owner or entity in charge of a 13 physical structure subject to a proposed project and the 14 availability of other funding sources, and the commitment of 15 the owner or entity in charge of the physical structure to the 16 implementation of tornado safety training and practices. 17 5. The department shall adopt rules to administer the 18 program. The department may adopt rules on an emergency basis 19 as provided in sections 17A.4 and 17A.l5 to administer the 20 program. Any emergency rules adopted in accordance with the 21 program shall also be published as a notice of intended action 22 as provided in section 17A.4. 23 6. a. There is appropriated from the general fund of the 24 state to the department of homeland security and emergency 25 management for the fiscal year beginning July 1, 2014, and 26 ending June 30, 2015, the following amount, or so much thereof 27 as is necessary, for the purposes designated: 28 For administration of the tornado resistance infrastructure 29 program established pursuant to this section: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,000,000 31 b. Notwithstanding section 8.33, moneys appropriated in 32 this section that remain unencumbered or unobligated at the 33 close of the fiscal year shall not revert but shall remain 34 available to be used for the purposes designated in succeeding 35 -2- LSB 5275XS (5) 85 rn/nh 2/ 4
S.F. 2034 fiscal years. 1 Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 2 immediate importance, takes effect upon enactment. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This bill establishes a tornado resistance infrastructure 7 program to be administered by the department of homeland 8 security and emergency management. The bill provides that 9 the objective of the program shall be to provide funding to 10 designated owners or entities to assist in the financing of 11 infrastructure improvement projects designed to enhance tornado 12 resistance in physical structures and reduce the likelihood of 13 significant tornado-related damage. 14 The bill provides that in order to receive funding pursuant 15 to the program, applicants shall submit project plans certified 16 by an engineer, architect, or other professional designated by 17 the department by rule as qualified to verify that a project 18 meets standards for effectiveness in tornado safety to be 19 developed by the department. Eligible applicants include 20 owners or entities in charge of school buildings, mobile home 21 parks, physical structures at summer camp facilities, apartment 22 complexes and dormitories, hospitals and nursing homes, 23 stadiums, fairgrounds, and other outdoor public facilities, 24 and any other facility, including business and industrial 25 facilities, determined by the department to have or face a 26 demonstrable risk of significant tornado damage. 27 The bill allocates 50 percent of appropriated funds for 28 school building, mobile home park, and summer camp tornado 29 resistance infrastructure projects, and provides that school 30 districts, institutions under the control of the state board 31 of regents, mobile home park owners and operators, and summer 32 camp owners and operators may receive up to 75 percent of 33 the estimated cost of a project from program funds. The 34 bill provides that owners or entities in charge of physical 35 -3- LSB 5275XS (5) 85 rn/nh 3/ 4
S.F. 2034 structures other than school buildings and mobile home parks 1 may receive up to 50 percent of the estimated cost of a project 2 from program funds. 3 The bill specifies factors to be considered by the 4 department in awarding funds for projects, including but not 5 limited to a physical structure’s current vulnerability to 6 tornado damage, project support from local emergency management 7 officials, the number of children and adults projected to 8 receive enhanced safety and protection pursuant to the project, 9 the level of financial commitment and participation by the 10 owner or entity in charge of a physical structure subject to a 11 proposed project and the availability of other funding sources, 12 and the commitment of the owner or entity in charge of the 13 physical structure to the implementation of tornado safety 14 training and practices. 15 The bill directs the department to adopt rules to administer 16 the program, and authorizes the adoption of rules on an 17 emergency basis. 18 The bill appropriates $20 million from the general fund of 19 the state to the department for the fiscal year beginning July 20 1, 2014, and ending June 30, 2015, for purposes of funding the 21 program, and provides for nonreversion pursuant to Code section 22 8.33. 23 The bill takes effect upon enactment. 24 -4- LSB 5275XS (5) 85 rn/nh 4/ 4