Senate
File
233
-
Introduced
SENATE
FILE
233
BY
COMMITTEE
ON
ECONOMIC
GROWTH
(SUCCESSOR
TO
SSB
1115)
A
BILL
FOR
An
Act
relating
to
the
programs
and
duties
of
the
economic
1
development
authority
and
including
effective
date
and
2
retroactive
and
other
applicability
provisions
and
other
3
properly
related
matters.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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233
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
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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
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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
,
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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
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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
the
11
assistance
on
a
reimbursement
basis
such
that
for
every
two
12
dollars
of
wages
earned
by
the
student,
one
dollar
paid
by
the
13
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
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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
REINVESTMENT
DISTRICTS
AND
FLOOD
MITIGATION
26
Sec.
13.
Section
15J.4,
subsection
3,
paragraph
a,
Code
27
2015,
is
amended
to
read
as
follows:
28
a.
The
municipality
shall
submit
a
copy
of
the
resolution,
29
the
proposed
district
plan,
and
all
accompanying
materials
30
adopted
pursuant
to
this
section
to
the
board
for
evaluation.
31
The
board
shall
not
approve
a
proposed
district
plan
or
an
32
amendment
to
an
existing
district’s
plan
on
or
after
July
1,
33
2018.
34
Sec.
14.
Section
28F.12,
Code
2015,
is
amended
to
read
as
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233
follows:
1
28F.12
Additional
powers
of
the
entity.
2
1.
If
the
entity
is
comprised
solely
of
cities,
counties,
3
and
sanitary
districts
established
under
chapter
358
,
or
any
4
combination
thereof,
the
entity
shall
have
in
addition
to
all
5
the
powers
enumerated
in
this
chapter
,
the
powers
which
that
a
6
county
has
with
respect
to
solid
waste
disposal
projects.
7
2.
If
the
entity
is
comprised
solely
of
cities,
counties,
8
and
sanitary
districts
established
under
chapter
358,
or
any
9
combination
thereof,
it
is
a
governmental
entity
with
respect
10
to
projects
undertaken
pursuant
to
chapter
418
and
may
exercise
11
all
of
the
powers
of
a
governmental
entity
under
that
chapter
12
in
connection
with
the
flood
mitigation
project.
Unless
13
otherwise
provided
in
chapter
418,
if
undertaking
a
flood
14
mitigation
project
as
a
governmental
entity
under
chapter
15
418,
the
provisions
of
chapter
418
shall
prevail
over
any
16
conflicting
provision
in
this
chapter.
17
Sec.
15.
Section
418.1,
subsection
4,
paragraph
c,
18
unnumbered
paragraph
1,
Code
2015,
is
amended
to
read
as
19
follows:
20
A
joint
board
or
other
legal
or
administrative
entity
21
established
or
designated
in
an
agreement
pursuant
to
chapter
22
28E
or
28F
between
any
of
the
following:
23
Sec.
16.
Section
418.1,
subsection
4,
paragraph
c,
Code
24
2015,
is
amended
by
adding
the
following
new
subparagraph:
25
NEW
SUBPARAGRAPH
.
(4)
One
or
more
counties,
one
or
more
26
cities
that
are
located
in
whole
or
in
part
within
those
27
counties,
and
one
or
more
sanitary
districts
established
under
28
chapter
358
or
a
combined
water
and
sanitary
district
as
29
provided
for
in
sections
357.1B
and
358.1B,
located
in
whole
or
30
in
part
within
those
counties.
31
Sec.
17.
Section
418.4,
subsection
1,
paragraph
b,
Code
32
2015,
is
amended
to
read
as
follows:
33
b.
A
governmental
entity
as
defined
in
section
418.1,
34
subsection
4
,
paragraph
“c”
,
shall
have
the
power
to
construct,
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acquire,
own,
repair,
improve,
operate,
and
maintain
a
project,
1
may
sue
and
be
sued,
contract,
and
acquire
and
hold
real
and
2
personal
property,
subject
to
the
limitation
in
paragraph
3
“c”
,
and
shall
have
such
other
powers
as
may
be
included
in
4
the
chapter
28E
or
28F
agreement.
Such
a
governmental
entity
5
may
contract
with
a
city
or
the
county
participating
in
the
6
chapter
28E
agreement
to
perform
any
governmental
service,
7
activity,
or
undertaking
that
the
city
or
county
is
authorized
8
by
law
to
perform,
including
but
not
limited
to
contracts
for
9
administrative
services.
10
Sec.
18.
Section
418.11,
subsection
3,
paragraph
c,
Code
11
2015,
is
amended
to
read
as
follows:
12
c.
For
projects
approved
for
a
governmental
entity
as
13
defined
in
section
418.1,
subsection
4
,
paragraph
“c”
,
the
14
area
used
to
determine
the
sales
tax
increment
shall
include
15
the
incorporated
areas
of
each
participating
city
that
is
16
participating
in
the
chapter
28E
agreement
,
the
unincorporated
17
areas
of
the
each
participating
county,
and
the
area
of
any
18
participating
drainage
district
not
otherwise
included
in
19
the
areas
of
the
participating
cities
or
county,
and
the
20
area
served
by
any
sanitary
district
or
combined
water
and
21
sanitary
district
and
not
otherwise
included
in
the
areas
of
22
the
participating
cities
or
counties,
as
applicable.
23
Sec.
19.
Section
418.11,
subsection
3,
Code
2015,
is
amended
24
by
adding
the
following
new
paragraph:
25
NEW
PARAGRAPH
.
d.
For
all
projects,
the
area
used
to
26
determine
the
sales
tax
increment
shall
not
include
any
parcels
27
of
real
property
that
are
included
in
a
reinvestment
district
28
designated
pursuant
to
chapter
15J.
29
Sec.
20.
Section
418.14,
subsection
3,
paragraph
a,
Code
30
2015,
is
amended
to
read
as
follows:
31
a.
Except
as
otherwise
provided
in
this
section
,
bonds
32
issued
pursuant
to
this
section
shall
not
be
subject
to
33
the
provisions
of
any
other
law
or
charter
relating
to
the
34
authorization,
issuance,
or
sale
of
bonds.
Bonds
issued
under
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this
section
shall
not
limit
or
restrict
the
authority
of
a
1
governmental
entity
as
defined
in
section
418.1,
subsection
4
,
2
paragraphs
“a”
and
“b”
,
or
a
city,
county,
or
drainage
district
,
3
sanitary
district,
or
combined
water
and
sanitary
district
4
participating
in
a
governmental
entity
as
defined
in
section
5
418.1,
subsection
4
,
paragraph
“c”
,
to
issue
bonds
for
the
6
project
under
other
provisions
of
the
Code.
7
Sec.
21.
Section
418.14,
subsection
4,
paragraph
b,
Code
8
2015,
is
amended
to
read
as
follows:
9
b.
If
the
moneys
in
the
governmental
entity’s
flood
project
10
fund
are
insufficient
to
pay
the
governmental
entity’s
costs
11
related
to
bonds,
notes,
or
other
obligations
issued
under
12
this
chapter
,
the
amounts
necessary
to
pay
such
costs
may
13
be
levied
and
transferred
for
deposit
in
the
governmental
14
entity’s
flood
project
fund
from
the
debt
service
fund
of
the
15
governmental
entity
or,
if
applicable,
the
debt
service
fund
16
of
a
participating
city
or
county
for
a
governmental
entity
as
17
defined
in
section
418.1,
subsection
4
,
paragraph
“c”
,
but
only
18
if
and
to
the
extent
provided
in
the
resolution
authorizing
the
19
issuance
of
bonds
and,
if
applicable,
the
chapter
28E
or
28F
20
agreement.
21
Sec.
22.
Section
418.15,
subsection
4,
Code
2015,
is
amended
22
to
read
as
follows:
23
4.
All
property
and
improvements
acquired
by
a
governmental
24
entity
as
defined
in
section
418.1,
subsection
4
,
paragraph
25
“c”
,
relating
to
a
project
shall
be
transferred
to
the
county,
26
city,
or
drainage
district
,
sanitary
district,
or
combined
27
water
and
sanitary
district
designated
in
the
chapter
28E
or
28
28F
agreement
to
receive
such
property
and
improvements.
The
29
county,
city,
or
drainage
district
,
sanitary
district,
or
30
combined
water
and
sanitary
district
to
which
such
property
or
31
improvements
are
transferred
shall,
unless
otherwise
provided
32
in
the
chapter
28E
or
28F
agreement,
be
solely
responsible
33
for
the
ongoing
maintenance
and
support
of
such
property
and
34
improvements.
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Sec.
23.
Section
423.2,
subsection
11,
paragraph
b,
Code
1
2015,
is
amended
by
adding
the
following
new
subparagraph:
2
NEW
SUBPARAGRAPH
.
(05)
Beginning
the
first
day
of
the
3
calendar
quarter
beginning
on
the
reinvestment
district’s
4
commencement
date,
subject
to
remittance
limitations
5
established
by
the
economic
development
authority
board
6
pursuant
to
section
15J.4,
subsection
3,
transfer
to
a
district
7
account
created
in
the
state
reinvestment
district
fund
for
8
each
reinvestment
district
established
under
chapter
15J,
the
9
amount
of
new
state
sales
tax
revenue,
determined
in
section
10
15J.5,
subsection
1,
paragraph
“b”
,
in
the
district,
that
11
remains
after
the
prior
transfers
required
under
this
paragraph
12
“b”
.
Such
transfers
shall
cease
pursuant
to
section
15J.8.
13
Sec.
24.
Section
423.2,
subsection
11,
paragraph
b,
14
subparagraph
(6),
Code
2015,
is
amended
by
striking
the
15
subparagraph.
16
Sec.
25.
Section
423.2,
Code
2015,
is
amended
by
adding
the
17
following
new
subsection:
18
NEW
SUBSECTION
.
11A.
Of
the
amount
of
sales
tax
revenue
19
actually
transferred
per
quarter
pursuant
to
subsection
11,
20
paragraph
“b”
,
subparagraphs
(05)
and
(5),
the
department
shall
21
retain
an
amount
equal
to
the
actual
cost
of
administering
the
22
transfers
under
subsection
11,
paragraph
“b”
,
subparagraphs
23
(05)
and
(5),
or
twenty-five
thousand
dollars,
whichever
is
24
less.
The
amount
retained
by
the
department
pursuant
to
this
25
subsection
shall
be
divided
pro
rata
each
quarter
between
the
26
amounts
that
would
have
been
transferred
pursuant
to
subsection
27
11,
paragraph
“b”
,
subparagraphs
(05)
and
(5),
without
the
28
deduction
made
by
operation
of
this
subsection.
Revenues
29
retained
by
the
department
pursuant
to
this
subsection
shall
be
30
considered
repayment
receipts
as
defined
in
section
8.2.
31
Sec.
26.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
32
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
33
enactment.
34
Sec.
27.
RETROACTIVE
AND
OTHER
APPLICABILITY.
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1.
Except
as
provided
in
subsection
3,
this
division
of
this
1
Act
applies
retroactively
to
reinvestment
districts
designated
2
under
chapter
15J
in
existence
on
or
after
July
1,
2014.
3
2.
Except
as
provided
in
subsection
3,
this
division
of
4
this
Act
applies
to
flood
mitigation
project
plan
applications
5
received
under
chapter
418
before,
on,
or
after
the
effective
6
date
of
this
division
of
this
Act.
7
3.
The
sections
of
this
division
of
this
Act
amending
8
section
423.2,
subsection
11,
and
enacting
section
423.2,
9
subsection
11A,
apply
to
transfers
of
sales
tax
revenues
made
10
on
or
after
July
1,
2015.
11
DIVISION
IV
12
ENTERPRISE
ZONES
13
Sec.
28.
2014
Iowa
Acts,
chapter
1130,
section
43,
14
subsection
1,
is
amended
to
read
as
follows:
15
1.
On
or
after
the
effective
date
of
this
division
of
this
16
Act,
a
city
or
county
shall
not
create
an
enterprise
zone
under
17
chapter
15E,
division
XVIII,
or
enter
into
a
new
agreement
or
18
amend
an
existing
agreement
under
chapter
15E,
division
XVIII.
19
A
city
or
county
and
the
economic
development
authority,
with
20
the
approval
of
the
economic
development
authority
board,
may
21
amend
an
agreement
for
compliance
reasons
if
the
amendment
22
does
not
increase
the
amount
of
incentives
awarded
under
the
23
agreement.
24
DIVISION
V
25
NUISANCE
PROPERTIES
AND
ABANDONED
BUILDINGS
26
Sec.
29.
Section
15.335B,
subsection
2,
paragraph
a,
Code
27
2015,
is
amended
by
adding
the
following
new
subparagraph:
28
NEW
SUBPARAGRAPH
.
(8)
For
deposit
in
the
nuisance
property
29
remediation
fund
created
pursuant
to
section
15.338.
30
Sec.
30.
NEW
SECTION
.
15.338
Nuisance
property
remediation
31
assistance
——
fund.
32
1.
a.
The
economic
development
authority
shall
establish
33
a
nuisance
property
remediation
fund
pursuant
to
section
34
15.106A,
subsection
1,
paragraph
“o”
,
for
purposes
of
providing
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financial
assistance
to
cities
for
the
remediation
of
nuisance
1
properties
and
abandoned
buildings
and
other
structures.
The
2
authority
shall
administer
the
fund
in
a
manner
designed
to
3
make
funds
annually
available
to
cities
for
purposes
of
this
4
section.
5
b.
The
authority
may
administer
a
fund
established
for
6
purposes
of
this
section
as
a
revolving
fund.
The
fund
may
7
consist
of
any
moneys
appropriated
by
the
general
assembly
for
8
purposes
of
this
section
and
any
other
moneys
that
are
lawfully
9
available
to
the
authority,
including
moneys
transferred
or
10
deposited
from
other
funds
created
pursuant
to
section
15.106A,
11
subsection
1,
paragraph
“o”
.
12
c.
The
authority
shall
use
any
moneys
specifically
13
appropriated
for
purposes
of
this
section
only
for
the
purposes
14
of
this
section.
The
authority
may
use
all
other
moneys
in
the
15
fund,
including
interest,
earnings,
recaptures,
and
repayments
16
for
purposes
of
this
section
or
the
authority
may
transfer
17
the
other
moneys
to
other
funds
created
pursuant
to
section
18
15.106A,
subsection
1,
paragraph
“o”
.
19
d.
Notwithstanding
section
8.33,
moneys
in
the
nuisance
20
property
remediation
fund
at
the
end
of
each
fiscal
year
shall
21
not
revert
to
any
other
fund
but
shall
remain
in
the
fund
for
22
expenditure
for
subsequent
fiscal
years.
23
e.
The
authority
may
use
not
more
than
five
percent
of
24
the
moneys
in
the
fund
at
the
beginning
of
the
fiscal
year
25
for
purposes
of
administrative
costs,
finance,
compliance,
26
marketing,
and
program
support.
27
2.
The
authority
shall
use
moneys
in
the
fund
to
provide
28
financial
assistance
to
cities
for
the
remediation
of
nuisance
29
properties
and
abandoned
buildings
and
other
structures.
Such
30
financial
assistance
may
include
grants,
loans,
forgivable
31
loans,
or
other
forms
of
financial
assistance
as
necessary
32
to
effectuate
the
purposes
of
this
section.
The
authority
33
may
provide
financial
assistance
under
this
section
using
a
34
competitive
scoring
process.
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3.
In
providing
financial
assistance
under
this
section,
1
the
authority
may
give
priority
to
cities
with
severe
blighted
2
areas,
widespread
dilapidated
housing
stock,
or
high
rates
of
3
low
or
moderate
income
residents.
4
4.
The
authority
shall
enter
into
an
agreement
with
5
each
city
for
the
receipt
of
financial
assistance
under
6
this
section.
The
authority
may
negotiate
the
terms
of
the
7
agreement.
8
5.
In
providing
financial
assistance
under
this
section,
9
the
authority
shall
coordinate
with
a
city
to
develop
a
plan
10
for
the
use
of
funds
that
is
consistent
with
the
community
11
development,
housing,
and
economic
development
goals
of
the
12
city.
The
terms
of
the
agreement
entered
into
pursuant
to
13
subsection
3
and
the
use
of
financial
assistance
provided
under
14
this
section
shall
reflect
the
plan
developed
based
on
a
city’s
15
goals.
16
Sec.
31.
Section
657A.1,
subsections
1
and
3,
Code
2015,
are
17
amended
to
read
as
follows:
18
1.
“Abandoned”
or
“abandonment”
means
that
a
building
has
19
remained
vacant
and
has
been
in
violation
of
the
housing
code
20
or
building
code
of
the
city
in
which
the
property
is
located
21
or
the
housing
code
or
building
code
applicable
in
the
county
22
in
which
the
property
is
located
if
outside
the
limits
of
a
23
city
for
a
period
of
six
consecutive
months.
24
3.
“Building”
means
a
building
or
structure
located
in
a
25
city
or
outside
the
limits
of
a
city
in
a
county,
which
is
used
26
or
intended
to
be
used
for
commercial
or
industrial
purposes
or
27
which
is
used
or
intended
to
be
used
for
residential
purposes
,
28
and
includes
a
building
or
structure
in
which
some
floors
29
may
be
used
for
retail
stores,
shops,
salesrooms,
markets,
30
or
similar
commercial
uses,
or
for
offices,
banks,
civic
31
administration
activities,
professional
services,
or
similar
32
business
or
civic
uses,
and
other
floors
are
used,
designed,
or
33
intended
to
be
used
for
residential
purposes.
34
Sec.
32.
Section
657A.10A,
subsection
1,
paragraph
b,
Code
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233
2015,
is
amended
to
read
as
follows:
1
b.
The
petition
shall
be
filed
in
the
district
court
of
2
the
county
in
which
the
property
is
located.
Service
on
the
3
owner
and
any
other
named
respondents
shall
be
by
personal
4
service
or
certified
mail
and
or,
if
service
cannot
be
made
by
5
either
method,
by
posting
the
notice
in
a
conspicuous
place
6
on
the
building
and
by
publication
in
a
newspaper
of
general
7
circulation
in
the
city
.
The
action
shall
be
in
equity.
8
Sec.
33.
Section
657A.10A,
subsection
3,
paragraphs
d,
f,
9
and
j,
Code
2015,
are
amended
to
read
as
follows:
10
d.
Whether
the
building
meets
the
city’s
housing
code
for
as
11
being
fit
for
human
habitation,
occupancy,
or
use.
12
f.
Whether
the
building
is
boarded
up
or
otherwise
secured
13
from
unauthorized
entry
.
14
j.
Past
and
current
compliance
with
orders
of
the
local
15
housing
or
building
code
official.
16
Sec.
34.
Section
657A.10A,
subsection
3,
Code
2015,
is
17
amended
by
adding
the
following
new
paragraphs:
18
NEW
PARAGRAPH
.
0e.
Whether
the
building
meets
the
city’s
19
building
code
as
being
fit
for
occupancy
or
use.
20
NEW
PARAGRAPH
.
0h.
Whether
those
claiming
an
interest
21
in
the
property
have,
prior
to
the
filing
of
the
petition,
22
demonstrated
a
good-faith
effort
to
restore
the
property
to
23
productive
use.
24
Sec.
35.
Section
657A.10A,
subsections
4
and
5,
Code
2015,
25
are
amended
to
read
as
follows:
26
4.
In
lieu
of
the
considerations
in
subsection
3
,
if
the
27
city
can
establish
to
the
court’s
satisfaction
that
all
parties
28
with
an
interest
in
the
property
have
received
proper
notice
29
and
either
consented
to
the
entry
of
an
order
awarding
title
30
to
the
property
to
the
city
or
did
not
make
a
good
faith
31
good-faith
effort
to
comply
with
the
order
of
the
local
housing
32
or
building
code
official
within
sixty
days
after
the
filing
33
of
the
petition,
the
court
shall
enter
judgment
against
the
34
respondents
granting
the
city
title
to
the
property.
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5.
If
the
court
determines
that
the
property
has
been
1
abandoned
or
that
subsection
4
applies,
the
court
shall
enter
2
judgment
and
order
awarding
title
to
the
city.
The
title
3
awarded
to
the
city
shall
be
free
and
clear
of
any
claims,
4
liens,
or
encumbrances
held
by
the
respondents.
5
DIVISION
VI
6
HOUSING
ENTERPRISE
TAX
CREDIT
7
Sec.
36.
2014
Iowa
Acts,
chapter
1130,
is
amended
by
adding
8
the
following
new
section:
9
NEW
SECTION
.
SEC.
41A.
Notwithstanding
the
section
of
10
this
Act
repealing
section
15E.193B,
the
economic
development
11
authority
may
enter
into
an
agreement
and
issue
housing
12
enterprise
tax
credits
to
a
housing
business
if
all
the
13
following
conditions
are
met:
14
1.
The
city
or
county
in
which
the
enterprise
zone
is
15
located
mailed,
or
caused
to
be
mailed,
the
necessary
program
16
application
forms
on
or
after
June
1,
2014,
and
prior
to
July
17
1,
2014,
but
the
applications
were
not
received
by
the
economic
18
development
authority.
The
economic
development
authority
may
19
accept
an
affidavit
by
a
city
to
confirm
timely
mailing
of
the
20
application
forms,
notwithstanding
section
622.105.
21
2.
The
application
forms
submitted
pursuant
to
subsection
1
22
were
approved
by
all
necessary
governing
bodies
and
commissions
23
of
the
city
or
county
as
required
by
chapter
15E,
division
24
XVIII,
Code
2014.
25
3.
The
economic
development
authority
determines
the
26
housing
business
would
otherwise
be
eligible
under
section
27
15E.193B,
Code
2014.
28
4.
The
city
or
county
and
the
eligible
housing
business
meet
29
all
other
requirements
of
the
housing
enterprise
tax
credit
30
program
under
chapter
15E,
division
XVIII,
Code
2014,
and
the
31
agreement
to
be
entered
into
pursuant
to
this
section.
32
Sec.
37.
2014
Iowa
Acts,
chapter
1130,
section
43,
33
subsection
1,
is
amended
to
read
as
follows:
34
1.
On
or
after
the
effective
date
of
this
division
of
this
35
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Act,
a
city
or
county
shall
not
create
an
enterprise
zone
under
1
chapter
15E,
division
XVIII,
or
enter
into
a
new
agreement
or
2
amend
an
existing
agreement
under
chapter
15E,
division
XVIII
,
3
unless
otherwise
authorized
in
this
Act
.
4
Sec.
38.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
5
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
6
enactment.
7
Sec.
39.
RETROACTIVE
APPLICABILITY.
This
division
of
this
8
Act
applies
retroactively
to
July
1,
2014.
9
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
This
bill
relates
to
economic
development
by
modifying
life
13
cycle
cost
analysis
provisions
relating
to
public
facilities,
14
specifying
the
state
matching
funds
available
for
payment
of
15
intern
wages
under
the
science,
technology,
engineering,
and
16
mathematics
internship
program,
modifying
provisions
related
17
to
reinvestment
districts
and
to
flood
mitigation
projects,
18
modifying
provisions
concerning
enterprise
zones,
and
modifying
19
provisions
and
establishing
a
program
relating
to
nuisance
20
property
and
abandoned
buildings.
21
Division
I
of
the
bill
modifies
provisions
relating
to
the
22
life
cycle
analysis
required
of
certain
public
facilities.
23
The
division
adds
a
definition
of
“addition”
and
modifies
the
24
definitions
of
“facility”
and
“renovation”
and
requires
a
25
public
agency
responsible
for
the
construction
or
renovation
26
of
a
facility
or
the
construction
of
an
addition
to
a
facility
27
to
include
the
performance
of
a
life
cycle
cost
analysis
as
28
a
design
criterion
on
or
after
the
effective
date
of
the
29
division.
The
division
requires
a
public
agency
or
person
30
preparing
a
life
cycle
cost
analysis
for
a
public
agency
to
31
use
methodology
established,
by
rule,
by
the
state
building
32
code
commissioner,
rather
than
methods
and
analytical
33
models
provided
by
the
economic
development
authority.
The
34
division
requires
the
commissioner
to
also
adopt
rules
for
the
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implementation
and
adoption
of
the
life
cycle
cost
analysis.
1
Division
II
of
the
bill
amends
language
relating
to
wages
2
paid
to
an
intern
under
the
science,
technology,
engineering,
3
and
mathematics
internship
program
to
specify
that
an
Iowa
4
employer
may
receive
financial
assistance
from
the
state
on
a
5
matching
basis.
The
division
provides
that
if
the
authority
6
offers
financial
assistance
for
a
student
at
a
small
or
7
medium
sized
Iowa
firm
that
is
an
innovative
business
or
for
8
a
science,
technology,
engineering,
or
mathematics
student
9
working
with
an
Iowa
employer,
for
every
$2
earned
by
the
10
student
in
wages,
the
employer’s
payment
of
$1
shall
be
11
matched
by
the
authority
with
$1
on
a
reimbursement
basis.
12
The
division
requires
the
authority
to
administer
the
two
13
components
of
the
internship
program
in
as
similar
a
manner
14
as
possible.
The
division
authorizes
the
authority
to
adopt
15
emergency
rules
for
this
division
of
the
bill.
The
division
16
takes
effect
upon
enactment
and
applies
retroactively
to
17
contracts
for
financial
assistance
entered
into
on
or
after
18
July
1,
2014.
19
Division
III
of
the
bill
relates
to
reinvestment
districts
20
under
Code
chapter
15J
and
flood
mitigation
projects
under
21
Code
chapter
418.
The
division
eliminates
the
prohibition
on
22
the
flood
mitigation
board
approving
an
amendment
on
or
after
23
July
1,
2018,
to
an
existing
district’s
plan.
The
division
24
modifies
the
definition
of
“governmental
entity”
for
purposes
25
of
a
flood
mitigation
project
to
include
a
joint
board
or
other
26
legal
or
administrative
entity
formed
by
a
Code
chapter
28F
27
agreement
entered
into
by
one
or
more
counties,
one
or
more
28
cities
at
least
partly
within
the
counties,
and
one
or
more
29
Code
chapter
358
sanitary
districts
or
a
combined
water
and
30
sanitary
district
established
by
Code
chapter
357
or
358
and
31
located
at
least
partly
within
the
city
or
county.
32
The
division
provides
that,
for
purposes
of
funding
a
33
flood
mitigation
project,
the
sales
tax
increment
area
shall
34
not
include
any
parcels
that
are
included
in
a
reinvestment
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district
established
under
Code
chapter
15J.
1
The
division
provides
that
transfers
of
sales
tax
increment
2
revenue
to
a
reinvestment
district
account
shall
be
made
3
prior
to
transfer
of
sales
tax
increment
revenue
to
a
flood
4
mitigation
project
account.
The
division
also
provides
that
5
from
the
amounts
transferred
to
reinvestment
district
accounts
6
and
flood
mitigation
project
accounts
the
department
of
revenue
7
shall
retain
the
lesser
of
$25,000
or
the
actual
cost
of
8
administering
the
specified
transfers
of
sales
tax
increment
9
revenue
quarterly
as
a
repayment
receipt.
The
bill
provides
10
the
process
for
the
retention
of
the
revenue.
11
The
division
is
effective
upon
enactment.
The
division
12
applies
retroactively
to
reinvestment
districts
designated
13
under
Code
chapter
15J
in
existence
on
or
after
July
1,
2014,
14
and
flood
mitigation
project
plan
applications
received
before,
15
on,
or
after
the
effective
date
of
the
division.
The
sections
16
of
the
division
amending
Code
section
423.2,
regarding
the
17
transfers
of
sales
tax
increment
revenue
to
a
reinvestment
18
district
and
to
a
flood
mitigation
project
account
as
well
as
19
the
retention
of
repayment
receipts,
apply
to
transfers
of
20
sales
tax
revenues
made
on
or
after
July
1,
2015.
21
Division
IV
of
the
bill
relates
to
enterprise
zones.
The
22
division
allows
a
city
or
county
and
the
economic
development
23
authority
for
compliance
reasons
to
amend
agreements
made
under
24
the
enterprise
zone
program
as
long
as
the
amendments
do
not
25
increase
the
amount
of
incentives
awarded
and
the
economic
26
development
authority
board
approves.
27
Division
V
of
the
bill
relates
to
nuisance
properties
28
and
abandoned
buildings.
The
division
requires
the
economic
29
development
authority
to
establish
a
nuisance
property
30
remediation
fund
for
the
purpose
of
providing
financial
31
assistance
to
cities
for
the
remediation
of
nuisance
32
properties,
abandoned
buildings,
and
other
structures.
The
33
division
provides
that
moneys
in
a
fund
established
in
the
high
34
quality
jobs
program
may
be
deposited
in
the
nuisance
property
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remediation
fund.
The
division
allows
the
authority
to
operate
1
the
fund
as
a
revolving
fund
and
to
use
moneys
in
the
fund
for
2
purposes
of
the
program,
or
the
authority
may
transfer
the
3
moneys
to
other
funds
it
has
created.
However,
the
division
4
states
that
the
authority
must
use
any
money
specifically
5
appropriated
for
nuisance
property
remediation
assistance
for
6
the
program.
Moneys
in
the
fund
consist
of
appropriations
and
7
any
other
moneys
lawfully
available
to
the
authority.
The
8
authority
may
provide
this
assistance
using
a
competitive
9
scoring
process.
The
division
requires
the
authority
to
enter
10
into
an
agreement
with
the
city
concerning
the
assistance.
The
11
division
allows
the
authority
to
grant
priority
to
cities
with
12
severe
blighted
areas,
widespread
dilapidated
housing
stock,
or
13
high
rates
of
low
and
moderate
income
residents.
14
Division
V
also
makes
changes
to
the
authority
of
cities
and
15
counties
relating
to
certain
abandoned
or
unsafe
buildings.
16
Code
chapter
657A
allows
a
city
or
county
to
take
action
17
to
abate
by
rehabilitation
a
building
used
primarily
for
18
residential
purposes
that
meets
the
statutory
definition
of
19
“abandoned”
or
“public
nuisance”,
as
those
terms
are
defined
20
by
the
Iowa
Code.
The
costs
associated
with
rehabilitating
21
the
building
that
remain
unpaid
by
the
owner
create
a
mortgage
22
lien
against
the
property.
In
lieu
of
abatement
through
23
rehabilitation,
Code
section
657A.10A
allows
a
city
to
file
24
an
action
in
district
court
to
take
title
to
an
abandoned
25
building.
The
court
may
award
title
to
the
petitioning
city
if
26
the
court
finds
that
the
building
is
abandoned,
using
factors
27
established
in
statute,
or
if
the
city
establishes
that
all
28
interested
parties
received
proper
notice
and
the
interested
29
parties
either
consented
to
the
title
transfer
or
had
taken
no
30
action
to
comply
with
local
housing
official
orders
within
60
31
days
after
the
filing
of
the
petition.
32
The
division
amends
the
definition
of
“building”
in
Code
33
section
657A.1
to
include
buildings
used
or
intended
to
be
used
34
for
commercial
or
industrial
purposes
and
makes
corresponding
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amendments
to
refer
to
the
local
building
code
or
local
housing
1
code,
as
applicable.
2
Currently,
Code
section
657A.10A
requires
that
service
3
of
notice
of
the
filing
of
the
petition
for
title
be
made
4
on
interested
parties
by
certified
mail
and
by
posting
on
5
the
building.
The
division
provides
that
service
shall
be
6
by
personal
service
or
certified
mail
or,
if
service
cannot
7
be
made
by
either
method,
by
posting
on
the
building
and
8
publication
in
a
newspaper
of
general
circulation
in
the
city.
9
The
division
also
amends
Code
section
657A.10A
to
add
to
the
10
listing
of
factors
for
the
court
to
consider
when
determining
11
whether
property
has
been
abandoned.
12
Division
VI
allows
the
authority
to
enter
into
an
agreement
13
for
a
housing
enterprise
tax
credit
for
certain
housing
14
businesses
that
had
mailed
applications
to
the
authority
prior
15
to
the
July
1,
2014,
repeal
of
the
housing
enterprise
tax
16
credit
in
Code
section
15E.193B.
17
The
division
states
that
the
authority
may
enter
into
18
an
agreement
and
issue
housing
enterprise
tax
credits
to
a
19
housing
business
if
the
city
or
county
mailed
the
application
20
forms
on
or
after
June
1,
2014,
and
prior
to
July
1,
2014,
21
but
the
applications
were
not
received
by
the
authority,
the
22
application
forms
submitted
were
approved
by
the
necessary
23
governing
bodies
and
commissions,
the
authority
determines
24
the
housing
business
would
otherwise
be
eligible
under
the
25
Code
section
that
was
repealed,
and
the
city
or
county
and
the
26
eligible
housing
business
meet
all
other
requirements
of
the
27
housing
enterprise
tax
credit
program
and
of
the
agreement
28
entered
into
with
the
economic
development
authority.
29
The
division
takes
effect
upon
enactment
and
applies
30
retroactively
to
July
1,
2014.
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