House File 2146 - Introduced HOUSE FILE 2146 BY GASSMAN A BILL FOR An Act relating to levee and drainage districts, by increasing 1 the threshold of the estimated cost of a repair or 2 improvement before a hearing is required to be conducted. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5688YH (4) 88 da/ns
H.F. 2146 Section 1. Section 468.126, subsection 1, paragraph c, Code 1 2020, is amended to read as follows: 2 c. If the estimated cost of the repair does not exceed fifty 3 one hundred thousand dollars or the adjusted competitive bid 4 threshold, whichever is less , the board may order the work done 5 without conducting a hearing on the matter. Otherwise, the 6 board shall set a date for a hearing and provide notice of the 7 hearing to landowners in the district by publication in the 8 same manner as provided in section 468.15 . However, if the 9 estimated cost of the repair exceeds the adjusted competitive 10 bid threshold, the board shall provide notice to the landowners 11 pursuant to sections 468.14 through 468.18 . The board shall 12 not divide a proposed repair into separate programs in order to 13 avoid the notice and hearing requirements of this paragraph. 14 Sec. 2. section 468.126 subsection 4, paragraph c, 15 unnumbered paragraph 1, Code 2020, is amended to read as 16 follows: 17 If the estimated cost of the improvement does not exceed 18 fifty one hundred thousand dollars or the adjusted competitive 19 bid threshold, whichever is less , the board may order the work 20 done without conducting a hearing on the matter. Otherwise, 21 the board shall set a date for a hearing on whether to 22 construct the proposed improvement and whether there shall be 23 a reclassification of benefits for the cost of the proposed 24 improvement. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 BILL’S PROVISIONS. This bill amends provisions in Code 29 section 468.126 that authorize a governing board of a drainage 30 or levee district (e.g., a county board of supervisors) to 31 order a repair (to restore or maintain its capacity) or an 32 improvement (to expand, enlarge, or otherwise increase its 33 capacity) without conducting a hearing on the matter. The 34 amount required for the board to so act is increased from 35 -1- LSB 5688YH (4) 88 da/ns 1/ 2
H.F. 2146 $50,000 to $100,000 or the adjusted competitive bid threshold, 1 whichever is less. 2 ADJUSTED COMPETITIVE THRESHOLD. In lieu of a statutory 3 dollar amount used to determine whether bids are required 4 to be let under Code chapter 468, the amount may be set by 5 the vertical infrastructure bid threshold subcommittee for 6 public improvements established within the department of 7 transportation. The subcommittee sets different amounts for 8 cities and counties (Code sections 314.1B and 468.3). The 9 threshold for drainage districts is the same as for counties. 10 The latest threshold for counties for vertical infrastructure 11 is $139,000. 12 -2- LSB 5688YH (4) 88 da/ns 2/ 2