House
File
654
-
Introduced
HOUSE
FILE
654
BY
COMMITTEE
ON
WAYS
AND
MEANS
(SUCCESSOR
TO
HF
385)
(SUCCESSOR
TO
HSB
99)
A
BILL
FOR
An
Act
relating
to
the
programs
and
duties
of
the
economic
1
development
authority
and
including
effective
date
and
2
retroactive
applicability
provisions
and
other
properly
3
related
matters.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
1213HZ
(2)
86
ad/sc
H.F.
654
DIVISION
I
1
LIFE
CYCLE
COST
ANALYSES
2
Section
1.
Section
470.1,
Code
2015,
is
amended
by
adding
3
the
following
new
subsection:
4
NEW
SUBSECTION
.
01.
“Addition”
means
new
construction
equal
5
to
or
greater
than
twenty
thousand
square
feet
of
usable
floor
6
space
that
is
heated
or
cooled
by
a
mechanical
or
electrical
7
system
and
is
joined
to
a
previously
existing
facility.
8
Sec.
2.
Section
470.1,
subsections
6,
7,
and
10,
Code
2015,
9
are
amended
to
read
as
follows:
10
6.
“Facility”
means
a
building
having
twenty
thousand
square
11
feet
or
more
of
usable
floor
space
that
is
heated
or
cooled
12
by
a
mechanical
or
electrical
system
or
any
building,
system,
13
or
physical
operation
which
consumes
more
than
forty
thousand
14
British
thermal
units
(BTUs)
per
square
foot
per
year
.
15
7.
“Initial
cost”
means
the
moneys
required
for
the
capital
16
construction
or
renovation
of
a
facility
or
the
construction
17
of
an
addition
.
18
10.
“Renovation”
means
a
project
where
additions
or
19
alterations
,
that
are
not
additions,
to
an
existing
facility
20
exceed
fifty
percent
of
the
value
of
a
facility
and
will
affect
21
an
energy
system.
22
Sec.
3.
Section
470.2,
Code
2015,
is
amended
to
read
as
23
follows:
24
470.2
Policy
——
analysis
required.
25
The
general
assembly
declares
that
energy
management
is
of
26
primary
importance
in
the
design
of
publicly
owned
facilities.
27
Commencing
January
1,
1980
On
or
after
the
effective
date
of
28
this
division
of
this
Act
,
a
public
agency
responsible
for
the
29
construction
or
renovation
of
a
facility
or
the
construction
of
30
an
addition
shall,
in
a
design
begun
after
that
date,
include
31
as
a
design
criterion
the
requirement
that
a
life
cycle
cost
32
analysis
be
conducted
for
the
facility.
The
objectives
of
the
33
life
cycle
cost
analysis
are
to
optimize
energy
efficiency
at
34
an
acceptable
life
cycle
cost.
The
life
cycle
cost
analysis
35
-1-
LSB
1213HZ
(2)
86
ad/sc
1/
10
H.F.
654
shall
meet
the
requirements
of
section
470.3
.
1
Sec.
4.
Section
470.3,
subsection
2,
Code
2015,
is
amended
2
to
read
as
follows:
3
2.
A
public
agency
or
a
person
preparing
a
life
cycle
cost
4
analysis
for
a
public
agency
shall
consider
the
methods
and
5
analytical
models
provided
by
the
authority
and
available
6
through
the
commissioner,
which
are
suited
to
the
purpose
7
for
which
the
project
is
intended.
Within
sixty
days
of
8
final
selection
of
a
design
architect
or
engineer,
a
public
9
agency,
which
is
also
a
state
agency
under
section
7D.34
,
shall
10
notify
the
commissioner
and
the
authority
of
the
methodology
11
to
be
used
to
perform
the
life
cycle
cost
analysis,
on
forms
12
provided
by
the
authority
use
the
methodology
set
forth
in
the
13
guidelines
established,
by
rule,
by
the
commissioner
.
14
Sec.
5.
Section
470.4,
Code
2015,
is
amended
to
read
as
15
follows:
16
470.4
Analysis
approved.
17
The
life
cycle
cost
analysis
shall
be
approved
by
the
public
18
agency
before
contracts
for
the
construction
or
renovation
19
of
a
facility
or
the
construction
of
an
addition
are
let.
A
20
public
agency
may
accept
a
facility
design
and
shall
meet
21
the
requirements
of
this
chapter
if
the
design
meets
the
22
operational
requirements
of
the
agency
and
provides
the
optimum
23
life
cycle
cost.
The
public
agency
shall
retain
a
copy
of
the
24
life
cycle
cost
analysis
and
a
statement
justifying
a
design
25
decision
both
of
which
shall
be
available
for
public
inspection
26
at
reasonable
hours.
27
Sec.
6.
Section
470.6,
Code
2015,
is
amended
to
read
as
28
follows:
29
470.6
Restriction
on
use
of
public
funds.
30
Public
funds
shall
not
be
used
for
the
construction
or
31
renovation
of
a
facility
or
the
construction
of
an
addition
32
unless
the
design
for
the
work
is
prepared
in
accordance
with
33
this
chapter
and
the
actual
construction
or
renovation
of
34
the
facility
or
the
construction
of
the
addition
meets
the
35
-2-
LSB
1213HZ
(2)
86
ad/sc
2/
10
H.F.
654
requirements
of
the
design.
1
Sec.
7.
Section
470.7,
Code
2015,
is
amended
to
read
as
2
follows:
3
470.7
Life
cycle
cost
analysis
——
approval.
4
1.
The
public
agency
responsible
for
the
new
construction
5
or
renovation
of
a
public
facility
or
the
construction
of
an
6
addition
to
a
public
facility
shall
submit
a
copy
of
the
life
7
cycle
cost
analysis
for
review
by
the
commissioner
who
shall
8
consult
with
the
authority.
If
the
public
agency
is
also
a
9
state
agency
under
section
7D.34
,
comments
by
the
authority
10
or
the
commissioner,
including
any
recommendation
for
changes
11
in
the
analysis,
shall,
within
thirty
days
of
receipt
of
the
12
analysis,
be
forwarded
in
writing
to
the
public
agency.
If
13
either
the
authority
or
the
commissioner
disagrees
with
any
14
aspects
of
the
life
cycle
cost
analysis,
the
public
agency
15
affected
shall
timely
respond
in
writing
to
the
commissioner
16
and
the
authority.
The
response
shall
indicate
whether
the
17
agency
intends
to
implement
the
recommendations
and,
if
the
18
agency
does
not
intend
to
implement
them,
the
public
agency
19
shall
present
its
reasons.
The
reasons
may
include
but
are
20
not
limited
to
a
description
of
the
purpose
of
the
facility
or
21
renovation,
preservation
of
historical
architectural
features,
22
architectural
and
site
considerations,
and
health
and
safety
23
concerns.
24
2.
Within
thirty
days
of
receipt
of
the
response
of
the
25
public
agency
affected,
the
authority,
the
commissioner,
or
26
both,
shall
notify
in
writing
the
public
agency
affected
of
27
the
authority’s,
the
commissioner’s,
or
both’s
agreement
28
or
disagreement
with
the
response.
In
the
event
of
a
29
disagreement,
the
authority,
the
commissioner,
or
both,
shall
30
at
the
same
time
transmit
the
notification
of
disagreement
31
with
response
and
related
papers
to
the
executive
council
32
for
resolution
pursuant
to
section
7D.34
.
The
life
cycle
33
cost
analysis
process,
including
submittal
and
approval,
and
34
implementation
exemption
requests
pursuant
to
section
470.8
,
35
-3-
LSB
1213HZ
(2)
86
ad/sc
3/
10
H.F.
654
shall
be
completed
prior
to
the
letting
of
contracts
for
the
1
construction
or
renovation
of
a
facility
or
the
construction
2
of
an
addition
.
3
Sec.
8.
Section
470.8,
Code
2015,
is
amended
to
read
as
4
follows:
5
470.8
Life
cycle
cost
analysis
——
implementation
and
6
exemptions.
7
1.
The
public
agency
responsible
for
the
new
construction
8
or
renovation
of
a
public
facility
or
the
construction
of
an
9
addition
shall
implement
the
recommendations
of
the
life
cycle
10
cost
analysis.
11
2.
The
commissioner
shall
adopt
rules
for
the
12
implementation
and
administration
of
the
life
cycle
cost
13
analysis.
The
commissioner,
in
consultation
with
the
director,
14
shall,
by
rule,
develop
criteria
to
exempt
facilities
from
15
the
implementation
requirements
of
this
section
.
Using
the
16
criteria,
the
commissioner,
in
cooperation
with
the
director,
17
shall
exempt
facilities
on
a
case
by
case
basis.
Factors
to
18
be
considered
when
developing
the
exemption
criteria
shall
19
include,
but
not
be
limited
to,
a
description
of
the
purpose
20
of
the
facility
or
renovation,
the
preservation
of
historical
21
architectural
features,
site
considerations,
and
health
and
22
safety
concerns.
The
commissioner
and
the
director
shall
grant
23
or
deny
a
request
for
exemption
from
the
requirements
of
this
24
section
within
thirty
days
of
receipt
of
the
request.
25
DIVISION
II
26
SCIENCE,
TECHNOLOGY,
ENGINEERING,
AND
MATHEMATICS
INTERNSHIP
27
Sec.
9.
Section
15.411,
subsection
3,
Code
2015,
is
amended
28
to
read
as
follows:
29
3.
a.
The
authority
shall
establish
and
administer
an
30
internship
program
with
two
components
for
Iowa
students.
31
To
the
extent
permitted
by
this
subsection,
the
authority
32
shall
administer
the
two
components
in
as
similar
a
manner
as
33
possible.
For
purposes
of
this
subsection
,
“Iowa
student”
means
34
a
student
of
an
Iowa
community
college,
private
college,
or
35
-4-
LSB
1213HZ
(2)
86
ad/sc
4/
10
H.F.
654
institution
of
higher
learning
under
the
control
of
the
state
1
board
of
regents,
or
a
student
who
graduated
from
high
school
2
in
Iowa
but
now
attends
an
institution
of
higher
learning
3
outside
the
state
of
Iowa.
4
b.
The
purpose
of
the
first
component
of
the
program
is
5
to
link
Iowa
students
to
small
and
medium
sized
Iowa
firms
6
through
internship
opportunities.
An
Iowa
employer
may
receive
7
financial
assistance
in
an
amount
of
one
dollar
for
every
8
two
dollars
paid
by
the
employer
to
an
intern
on
a
matching
9
basis
for
a
portion
of
the
wages
paid
to
an
intern
.
If
10
providing
financial
assistance,
the
authority
shall
provide
11
the
assistance
on
a
reimbursement
basis
such
that
for
every
12
two
dollars
of
wages
earned
by
the
student,
one
dollar
paid
by
13
the
employer
is
matched
by
one
dollar
from
the
authority.
The
14
amount
of
financial
assistance
shall
not
exceed
three
thousand
15
one
hundred
dollars
for
any
single
internship,
or
nine
thousand
16
three
hundred
dollars
for
any
single
employer.
In
order
to
be
17
eligible
to
receive
financial
assistance
under
this
paragraph,
18
the
employer
must
have
five
hundred
or
fewer
employees
and
must
19
be
an
innovative
business.
The
authority
shall
encourage
youth
20
who
reside
in
economically
distressed
areas,
youth
adjudicated
21
to
have
committed
a
delinquent
act,
and
youth
transitioning
out
22
of
foster
care
to
participate
in
the
first
component
of
the
23
internship
program.
24
c.
(1)
The
purpose
of
the
second
component
of
the
program
25
is
to
assist
in
placing
Iowa
students
studying
in
the
fields
26
of
science,
technology,
engineering,
and
mathematics
into
27
internships
that
lead
to
permanent
positions
with
Iowa
28
employers.
The
authority
shall
collaborate
with
eligible
29
employers,
including
but
not
limited
to
innovative
businesses,
30
to
ensure
that
the
interns
hired
are
studying
in
such
fields.
31
An
Iowa
employer
may
receive
financial
assistance
in
an
amount
32
of
one
dollar
for
every
dollar
paid
by
the
employer
to
an
33
intern
on
a
matching
basis
for
a
portion
of
the
wages
paid
to
34
an
intern
.
If
providing
financial
assistance,
the
authority
35
-5-
LSB
1213HZ
(2)
86
ad/sc
5/
10
H.F.
654
shall
provide
the
assistance
on
a
reimbursement
basis
such
1
that
for
every
two
dollars
of
wages
earned
by
the
student,
2
one
dollar
paid
by
the
employer
is
matched
by
one
dollar
from
3
the
authority.
The
amount
of
financial
assistance
shall
not
4
exceed
five
thousand
dollars
per
internship.
The
authority
may
5
adopt
rules
to
administer
this
component.
In
adopting
rules
to
6
administer
this
component,
the
authority
shall
adopt
rules
as
7
similar
as
possible
to
those
adopted
pursuant
to
paragraph
“b”
.
8
(2)
The
requirement
to
administer
this
component
of
the
9
internship
program
is
contingent
upon
the
provision
of
funding
10
for
such
purposes
by
the
general
assembly.
11
Sec.
10.
EMERGENCY
RULES.
The
economic
development
12
authority
may
adopt
emergency
rules
under
section
17A.4,
13
subsection
3,
and
section
17A.5,
subsection
2,
paragraph
“b”,
14
to
implement
the
provisions
of
this
division
of
this
Act
and
15
the
rules
shall
be
effective
immediately
upon
filing
unless
16
a
later
date
is
specified
in
the
rules.
Any
rules
adopted
17
in
accordance
with
this
section
shall
also
be
published
as
a
18
notice
of
intended
action
as
provided
in
section
17A.4.
19
Sec.
11.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
20
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
21
enactment.
22
Sec.
12.
RETROACTIVE
APPLICABILITY.
This
division
of
this
23
Act
applies
retroactively
to
July
1,
2014.
24
DIVISION
III
25
ENTERPRISE
ZONES
26
Sec.
13.
2014
Iowa
Acts,
chapter
1130,
section
43,
27
subsection
1,
is
amended
to
read
as
follows:
28
1.
On
or
after
the
effective
date
of
this
division
of
this
29
Act,
a
city
or
county
shall
not
create
an
enterprise
zone
under
30
chapter
15E,
division
XVIII,
or
enter
into
a
new
agreement
or
31
amend
an
existing
agreement
under
chapter
15E,
division
XVIII.
32
A
city
or
county
and
the
economic
development
authority,
with
33
the
approval
of
the
economic
development
authority
board,
may
34
amend
an
agreement
for
compliance
reasons
if
the
amendment
35
-6-
LSB
1213HZ
(2)
86
ad/sc
6/
10
H.F.
654
does
not
increase
the
amount
of
incentives
awarded
under
the
1
agreement.
2
DIVISION
IV
3
HOUSING
ENTERPRISE
TAX
CREDIT
4
Sec.
14.
2014
Iowa
Acts,
chapter
1130,
is
amended
by
adding
5
the
following
new
section:
6
NEW
SECTION
.
SEC.
41A.
Notwithstanding
the
section
of
7
this
Act
repealing
section
15E.193B,
the
economic
development
8
authority
may
enter
into
an
agreement
and
issue
housing
9
enterprise
tax
credits
to
a
housing
business
if
all
the
10
following
conditions
are
met:
11
1.
The
city
or
county
in
which
the
enterprise
zone
is
12
located
mailed,
or
caused
to
be
mailed,
the
necessary
program
13
application
forms
on
or
after
June
1,
2014,
and
prior
to
July
14
1,
2014,
but
the
applications
were
not
received
by
the
economic
15
development
authority.
The
economic
development
authority
may
16
accept
an
affidavit
by
a
city
to
confirm
timely
mailing
of
the
17
application
forms,
notwithstanding
section
622.105.
18
2.
The
application
forms
submitted
pursuant
to
subsection
1
19
were
approved
by
all
necessary
governing
bodies
and
commissions
20
of
the
city
or
county
as
required
by
chapter
15E,
division
21
XVIII,
Code
2014.
22
3.
The
economic
development
authority
determines
the
23
housing
business
would
otherwise
be
eligible
under
section
24
15E.193B,
Code
2014.
25
4.
The
city
or
county
and
the
eligible
housing
business
meet
26
all
other
requirements
of
the
housing
enterprise
tax
credit
27
program
under
chapter
15E,
division
XVIII,
Code
2014,
and
the
28
agreement
to
be
entered
into
pursuant
to
this
section.
29
Sec.
15.
2014
Iowa
Acts,
chapter
1130,
section
43,
30
subsection
1,
is
amended
to
read
as
follows:
31
1.
On
or
after
the
effective
date
of
this
division
of
this
32
Act,
a
city
or
county
shall
not
create
an
enterprise
zone
under
33
chapter
15E,
division
XVIII,
or
enter
into
a
new
agreement
or
34
amend
an
existing
agreement
under
chapter
15E,
division
XVIII
,
35
-7-
LSB
1213HZ
(2)
86
ad/sc
7/
10
H.F.
654
unless
otherwise
authorized
in
this
Act
.
1
Sec.
16.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
2
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
3
enactment.
4
Sec.
17.
RETROACTIVE
APPLICABILITY.
This
division
of
this
5
Act
applies
retroactively
to
July
1,
2014.
6
EXPLANATION
7
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
8
the
explanation’s
substance
by
the
members
of
the
general
assembly.
9
This
bill
relates
to
economic
development
by
modifying
life
10
cycle
cost
analysis
provisions
relating
to
public
facilities,
11
specifying
the
state
matching
funds
available
for
payment
12
of
intern
wages
under
the
science,
technology,
engineering,
13
and
mathematics
internship
program,
and
modifying
provisions
14
concerning
enterprise
zones.
15
Division
I
of
the
bill
modifies
provisions
relating
to
the
16
life
cycle
analysis
required
of
certain
public
facilities.
17
The
division
adds
a
definition
of
“addition”
and
modifies
the
18
definitions
of
“facility”
and
“renovation”
and
requires
a
19
public
agency
responsible
for
the
construction
or
renovation
20
of
a
facility
or
the
construction
of
an
addition
to
a
facility
21
to
include
the
performance
of
a
life
cycle
cost
analysis
as
22
a
design
criterion
on
or
after
the
effective
date
of
the
23
division.
The
division
requires
a
public
agency
or
person
24
preparing
a
life
cycle
cost
analysis
for
a
public
agency
to
25
use
methodology
established,
by
rule,
by
the
state
building
26
code
commissioner,
rather
than
methods
and
analytical
27
models
provided
by
the
economic
development
authority.
The
28
division
requires
the
commissioner
to
also
adopt
rules
for
the
29
implementation
and
adoption
of
the
life
cycle
cost
analysis.
30
Division
II
of
the
bill
amends
language
relating
to
wages
31
paid
to
an
intern
under
the
science,
technology,
engineering,
32
and
mathematics
internship
program
to
specify
that
an
Iowa
33
employer
may
receive
financial
assistance
from
the
state
on
a
34
matching
basis.
The
division
provides
that
if
the
authority
35
-8-
LSB
1213HZ
(2)
86
ad/sc
8/
10
H.F.
654
offers
financial
assistance
for
a
student
at
a
small
or
1
medium
sized
Iowa
firm
that
is
an
innovative
business
or
for
2
a
science,
technology,
engineering,
or
mathematics
student
3
working
with
an
Iowa
employer,
for
every
$2
earned
by
the
4
student
in
wages,
the
employer’s
payment
of
$1
shall
be
5
matched
by
the
authority
with
$1
on
a
reimbursement
basis.
6
The
division
requires
the
authority
to
administer
the
two
7
components
of
the
internship
program
in
as
similar
a
manner
8
as
possible.
The
division
authorizes
the
authority
to
adopt
9
emergency
rules
for
this
division
of
the
bill.
The
division
10
takes
effect
upon
enactment
and
applies
retroactively
to
11
contracts
for
financial
assistance
entered
into
on
or
after
12
July
1,
2014.
13
Divisions
III
and
IV
of
the
bill
relate
to
enterprise
14
zones.
Division
III
allows
a
city
or
county
and
the
economic
15
development
authority
for
compliance
reasons
to
amend
16
agreements
made
under
the
enterprise
zone
program
as
long
as
17
the
amendments
do
not
increase
the
amount
of
incentives
awarded
18
and
the
economic
development
authority
board
approves.
19
Division
IV
allows
the
authority
to
enter
into
an
agreement
20
for
a
housing
enterprise
tax
credit
for
certain
housing
21
businesses
that
had
mailed
applications
to
the
authority
prior
22
to
the
July
1,
2014,
repeal
of
the
housing
enterprise
tax
23
credit
in
Code
section
15E.193B.
24
The
division
states
that
the
authority
may
enter
into
25
an
agreement
and
issue
housing
enterprise
tax
credits
to
a
26
housing
business
if
the
city
or
county
mailed
the
application
27
forms
on
or
after
June
1,
2014,
and
prior
to
July
1,
2014,
28
but
the
applications
were
not
received
by
the
authority,
the
29
application
forms
submitted
were
approved
by
the
necessary
30
governing
bodies
and
commissions,
the
authority
determines
31
the
housing
business
would
otherwise
be
eligible
under
the
32
Code
section
that
was
repealed,
and
the
city
or
county
and
the
33
eligible
housing
business
meet
all
other
requirements
of
the
34
housing
enterprise
tax
credit
program
and
of
the
agreement
35
-9-
LSB
1213HZ
(2)
86
ad/sc
9/
10
H.F.
654
entered
into
with
the
economic
development
authority.
1
The
division
takes
effect
upon
enactment
and
applies
2
retroactively
to
July
1,
2014.
3
-10-
LSB
1213HZ
(2)
86
ad/sc
10/
10