House
Study
Bill
193
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
ECONOMIC
GROWTH
BILL
BY
CHAIRPERSON
SORENSEN)
A
BILL
FOR
An
Act
relating
to
matters
under
the
purview
of
the
economic
1
development
authority
and
the
Iowa
finance
authority,
2
including
tax
credit
programs,
the
grow
Iowa
program
and
3
related
bonds,
incentives
for
manufacturers
to
invest
in
4
smart
technologies,
an
energy
infrastructure
revolving
loan
5
program,
and
making
appropriations,
and
including
effective
6
date
and
applicability
provisions.
7
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
8
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DIVISION
I
1
INVESTMENTS
IN
QUALIFYING
BUSINESSES
AND
EQUITY
INVESTMENTS
IN
2
INNOVATION
FUNDS
3
Section
1.
Section
15.119,
subsection
2,
paragraph
d,
Code
4
2021,
is
amended
to
read
as
follows:
5
d.
(1)
The
tax
credits
for
investments
in
qualifying
6
businesses
issued
pursuant
to
section
15E.43
and
for
equity
7
investments
in
an
innovation
fund
pursuant
to
section
15E.52
.
8
In
allocating
tax
credits
pursuant
to
this
subsection
,
the
9
authority
shall
allocate
two
an
aggregate
of
ten
million
10
dollars
for
purposes
of
this
paragraph
subparagraph
,
unless
the
11
authority
determines
that
the
tax
credits
awarded
will
be
less
12
than
that
amount.
13
(2)
On
or
before
June
30
of
each
fiscal
year
the
authority
14
shall
determine
the
amount
of
tax
credits
to
be
allocated
15
for
the
next
fiscal
year
beginning
July
1
to
investments
16
in
qualifying
businesses
and
to
equity
investments
in
an
17
innovation
fund
under
subparagraph
(1).
Any
tax
credits
18
allocated
for
purposes
of
subparagraph
(1)
and
not
awarded
19
in
that
fiscal
year
shall
be
reallocated
to
a
purpose
under
20
subparagraph
(1)
for
the
next
fiscal
year
and
shall
not
be
21
counted
against
the
aggregate
maximum
of
ten
million
dollars.
22
Sec.
2.
Section
15.119,
subsection
2,
paragraph
e,
Code
23
2021,
is
amended
by
striking
the
paragraph.
24
Sec.
3.
Section
15E.43,
subsection
2,
paragraphs
b
and
c,
25
Code
2021,
are
amended
to
read
as
follows:
26
b.
The
maximum
amount
of
a
tax
credit
that
may
be
issued
27
per
calendar
fiscal
year
to
a
natural
person
and
the
person’s
28
spouse
or
dependent
shall
not
exceed
one
hundred
thousand
29
dollars
combined.
For
purposes
of
this
paragraph,
a
tax
30
credit
issued
to
a
partnership,
limited
liability
company,
S
31
corporation,
estate,
or
trust
electing
to
have
income
taxed
32
directly
to
the
individual
shall
be
deemed
to
be
issued
to
33
the
individual
owners
based
upon
the
pro
rata
share
of
the
34
individual’s
earnings
from
the
entity.
For
purposes
of
this
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paragraph,
“dependent”
has
the
same
meaning
as
provided
by
the
1
Internal
Revenue
Code.
2
c.
The
maximum
amount
of
tax
credits
that
may
be
issued
3
per
calendar
fiscal
year
for
equity
investments
in
any
one
4
qualifying
business
shall
not
exceed
five
hundred
thousand
5
dollars.
6
Sec.
4.
APPLICABILITY.
The
following
applies
to
tax
credits
7
allocated
on
or
after
the
fiscal
year
beginning
July
1,
2021,
8
and
for
each
fiscal
year
thereafter:
9
The
section
of
this
division
of
this
Act
amending
section
10
15.119,
subsection
2,
paragraph
“d”.
11
Sec.
5.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
12
deemed
of
immediate
importance,
takes
effect
upon
enactment.
13
DIVISION
II
14
GROW
IOWA
PROGRAM
15
Sec.
6.
NEW
SECTION
.
15.221
Legislative
findings
and
intent
16
——
purpose.
17
The
general
assembly
finds
the
following:
18
1.
That
creating
attractive
places
for
people
to
live
and
19
work
includes
developing
regionally
significant
quality
of
life
20
projects
that
leverage
local
community
assets.
21
2.
That
community
placemaking
projects
and
recreational
22
opportunities
are
vital
components
of
Iowa’s
workforce
23
attraction
and
retention
strategy.
24
3.
That
all
across
the
state,
individual
communities
offer
25
something
different
that
can
be
enhanced
to
appeal
to
the
26
current
or
future
workforce
in
or
near
that
community.
27
Sec.
7.
NEW
SECTION
.
15.222
Definitions.
28
As
used
in
this
part,
unless
the
context
otherwise
requires:
29
1.
“Applicant”
means
a
city,
county,
or
nongovernmental
30
organization
located
in
this
state
that
submits
a
coordinated
31
application
to
the
program.
32
2.
“Coordinated
application”
means
an
application
submitted
33
by
an
applicant
that
includes
all
of
the
following:
34
a.
Input
from
all
municipalities
impacted
by
the
proposed
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project.
1
b.
Input
from
a
nongovernmental
organization
that
supports
2
the
proposed
project.
3
c.
A
statement
regarding
coordination
with
local
4
stakeholders
that
have
not
provided
input
pursuant
to
paragraph
5
“a”
or
“b”
.
6
3.
“Financial
assistance”
means
assistance
provided
only
7
from
the
funds,
rights,
and
assets
legally
available
to
the
8
authority
and
includes
but
is
not
limited
to
assistance
in
9
the
form
of
grants,
loans,
forgivable
loans,
pledges,
credit
10
enhancements,
and
financing
instruments.
11
4.
“Fund”
means
the
grow
Iowa
fund
created
in
section
12
15.226.
13
5.
“Nonfinancial
support”
means
the
value
of
labor
and
14
services,
real
and
personal
property
donated
for
purposes
of
a
15
project,
the
use
of
real
and
personal
property
for
purposes
of
16
a
project,
and
any
other
support
as
approved
by
the
board.
17
6.
“Nongovernmental
organization”
means
a
nonprofit
economic
18
development
organization
or
other
nonprofit
organization
that
19
sponsors
or
supports
community
or
tourism
attractions
and
20
activities.
21
7.
“Program”
means
the
grow
Iowa
program
established
in
22
section
15.223.
23
8.
“Vertical
infrastructure”
means
land
acquisition
and
24
construction,
major
renovation
and
major
repair
of
buildings,
25
all
appurtenant
structures,
utilities,
site
development,
and
26
recreational
trails.
“Vertical
infrastructure”
does
not
include
27
routine
and
recurring
maintenance,
or
operational
expenses
28
or
leasing
of
a
building,
appurtenant
structure,
or
utility
29
without
a
lease-purchase
agreement.
30
Sec.
8.
NEW
SECTION
.
15.223
Grow
Iowa
program.
31
1.
The
board
shall
establish
and
the
authority,
subject
32
to
direction
and
approval
by
the
board,
shall
administer
a
33
grow
Iowa
program
to
assist
communities
in
the
development
34
of
regionally
significant
quality
of
life
projects
that
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_____
leverage
local
community
assets
in
coordination
with
economic
1
development
and
workforce
attraction
and
retention
planning.
2
2.
An
applicant
may
submit
a
coordinated
application
to
3
the
board
for
financial
assistance
for
the
applicant’s
project
4
under
the
program.
At
a
minimum,
the
coordinated
application
5
shall
include
all
of
the
following
information:
6
a.
The
total
capital
investment
for
the
project,
7
including
the
costs
for
construction,
site
acquisition,
and
8
infrastructure
improvement.
9
b.
A
description
of
the
proposed
financing
including
the
10
amount
or
percentage
of
local
and
private
matching
moneys
to
11
be
provided
for
the
project,
and
of
the
community’s
need
for
12
financing
through
the
program.
13
c.
A
description
of
the
benefits
to
the
community
from
the
14
project.
15
d.
An
analysis
of
the
long-term,
tax-generating
impact
of
16
the
project.
17
e.
A
description
of
how
the
project
meets
other
criteria
18
established
in
this
part.
19
f.
An
analysis
of
the
projected
long-term
economic
viability
20
of
the
project,
including
projected
revenues
and
expenses.
21
Sec.
9.
NEW
SECTION
.
15.224
Program
eligibility.
22
1.
The
aggregate
cost
of
an
applicant’s
project
must
be
at
23
least
ten
million
dollars
for
an
applicant
to
be
eligible
to
24
receive
financial
assistance
under
the
program.
An
applicant,
25
or
the
board,
may
divide
an
applicant’s
project
into
component
26
parts.
The
board
may
award
financial
assistance
under
the
27
program
to
one
or
more
component
parts
of
an
applicant’s
28
project,
rather
than
award
financial
assistance
for
the
29
applicant’s
entire
project.
30
2.
An
applicant
shall
demonstrate
financial
and
31
nonfinancial
support
for
the
applicant’s
project,
which
may
32
be
from
public
or
private
sources.
Nonfinancial
support
must
33
not
total
more
than
twenty-five
percent
of
the
aggregate
cost
34
of
the
project.
The
financial
and
nonfinancial
support
for
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the
applicant’s
project
shall
equal
at
least
fifty
percent
of
1
the
aggregate
cost
of
the
project
if
the
project
is
located
2
in
a
county
with
a
population
equal
to
or
greater
than
fifty
3
thousand,
and
at
least
forty
percent
of
the
aggregate
cost
4
of
the
project
if
the
project
is
located
in
a
county
with
a
5
population
of
less
than
fifty
thousand.
6
3.
For
an
applicant’s
project
to
be
eligible
for
a
financial
7
assistance
award,
the
project
must
satisfy
all
of
the
following
8
criteria:
9
a.
The
project
must
include
vertical
infrastructure
that
10
comprises
a
substantial
portion
of
the
project
and
that
has
a
11
substantial
regional
or
statewide
economic
impact.
12
b.
The
project
must
support
or
be
strategically
aligned
13
with
existing
regional
or
statewide
cultural,
recreational,
14
entertainment,
economic
development,
or
educational
activities;
15
or
with
communities
adjacent
to
cultural
and
entertainment
16
districts
whose
existing
or
planned
amenity
base
will
augment
17
or
complement
the
cultural,
entertainment,
and
quality
of
life
18
venues
of
the
cultural
and
entertainment
districts.
19
c.
The
project
must
increase
the
diversity
of
activities
20
available
to
individuals
that
reside
or
work
in
the
state,
21
families,
and
tourists.
22
d.
The
project
must
enhance
the
potential
for
the
successful
23
recruitment
and
retention
of
young
people
to
reside
and
work
24
in
the
state.
25
e.
There
must
be
identifiable
economic
obstacles,
or
26
other
identifiable
obstacles,
impeding
local
financing
of
the
27
project.
28
f.
The
project
must
not
compete
with
a
different
project
29
with
a
similar
purpose
that
is
located
in
the
same
region
of
30
the
state
as
the
applicant’s
project.
31
4.
a.
The
board
shall
not
approve
a
coordinated
application
32
that
seeks
financial
assistance
under
the
program
to
refinance
33
any
loan,
or
pay
off
any
promissory
note,
that
has
been
34
executed
prior
to
the
date
of
submission
of
the
coordinated
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application.
1
b.
The
board
shall
not
approve
a
coordinated
application
for
2
a
project
for
which
financial
assistance
has
previously
been
3
awarded
under
the
program,
unless
the
applicant
can
demonstrate
4
that
any
additional
financial
assistance
approved
by
the
board
5
will
be
used
for
a
significant
expansion
of
that
project.
6
Sec.
10.
NEW
SECTION
.
15.225
Coordinated
applications
——
7
review.
8
1.
Coordinated
applications
shall
be
submitted
to
the
9
authority.
Coordinated
applications
that
meet
the
eligibility
10
criteria
shall
be
forwarded
to
the
board
by
the
authority.
The
11
authority
shall
also
forward
to
the
board,
and
to
the
review
12
committee
established
under
subsection
2,
the
authority’s
13
review
and
evaluation
of
all
eligible
coordinated
applications.
14
2.
The
authority
shall
consider,
in
addition
to
other
15
criteria
established
in
this
part,
all
of
the
following
when
16
reviewing
a
coordinated
application
to
determine
if
a
proposed
17
project
is
eligible
for
financial
assistance:
18
a.
Whether
wages,
benefits,
including
health
benefits,
19
safety
parameters,
and
other
attributes
of
the
project
will
20
improve
the
quality
of
existing
community,
regional,
or
21
statewide
cultural,
recreational,
entertainment,
educational,
22
or
employment
opportunities.
23
b.
The
extent
to
which
the
project
will
generate
additional
24
community
or
regional
attractions,
and
opportunities
to
25
increase
tourism
to
the
community
or
region.
26
c.
The
potential
for
the
project
to
produce
a
long-term,
27
tax-generating
economic
impact
in
excess
of
the
financial
28
assistance
proposed
by
the
applicant.
29
d.
The
geographic
diversity
of
the
project
in
relation
to
30
other
proposed
projects.
31
e.
The
investment
in
the
project
by
the
city,
county,
32
region,
or
private
funding
sources.
33
f.
Alternative
funding
sources
available
to
the
project.
34
g.
The
long-term
economic
viability
of
the
project.
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h.
The
extent
to
which
the
project
has
taken
the
following
1
planning
principles
into
consideration:
2
(1)
A
community-driven
development
process
that
leverages
3
local
assets
to
develop
destinations
that
create
a
local
4
identity
distinct
to
the
community.
5
(2)
Efficient
and
effective
use
of
land
resources
and
6
existing
infrastructure
by
encouraging
development
in
areas
7
with
existing
infrastructure
or
capacity
to
avoid
costly
8
duplication
of
services
and
costly
use
of
land.
9
(3)
Conservation
of
open
space
and
farmland,
and
10
preservation
of
critical
environmental
areas.
11
(4)
Promotion
of
the
livability,
safety,
and
revitalization
12
of
existing
urban
and
rural
communities.
13
(5)
Maintenance
of
a
unique
sense
of
place
by
respecting
14
local
cultural
and
natural
environmental
features.
15
(6)
Mitigation
of
adverse
impact
to
water
quality
or
16
improvements
to
water
quality.
17
(7)
Adaptability
for
access
by
different
modes
of
18
transportation
and
compatibility
with
changing
patterns
of
19
transportation.
20
(8)
Adaptability
of
project
for
future
changes.
21
(9)
Creation
of
desirable
destinations
for
living,
working,
22
and
recreation.
23
(10)
Inclusive
environments
to
encourage
participation
by
a
24
diverse
range
of
individuals,
groups,
and
organizations.
25
i.
The
probability
that
the
project
will
incorporate
or
26
promote
other
priorities
of
the
state
including:
27
(1)
Other
economic
development
programs
authorized
under
28
this
chapter.
29
(2)
Accessibility,
diversity,
and
inclusion
by
seeking
30
input
for
the
project
from
a
diverse
stakeholder
group.
31
(3)
Creation
or
retention
of
jobs.
32
(4)
Increased
broadband
connectivity.
33
(5)
Improved
water
quality
as
outlined
by
the
Iowa
nutrient
34
reduction
strategy
as
defined
in
section
455B.171.
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(6)
Development
of
new
housing
or
renovation
of
existing
1
housing.
2
(7)
Repurposing
of
commercial
properties
in
excess
of
one
3
acre
that
include
a
significant
component
that
is
publicly
4
accessible
for
recreation
and
community
activities.
5
3.
A
review
committee
shall
review
coordinated
applications
6
forwarded
by
the
authority
and
shall
make
a
recommendation
to
7
the
board
regarding
whether
a
project
proposed
in
a
coordinated
8
application
should
be
awarded
financial
assistance.
The
review
9
committee
shall
be
composed
of
two
members
of
the
board,
10
two
members
of
the
enhance
Iowa
board
established
pursuant
11
to
section
15F.102,
and
two
members
from
the
state
at
large
12
appointed
by
the
director.
13
4.
Upon
the
recommendations
of
the
review
committee,
the
14
board
shall
approve,
defer,
or
deny
a
coordinated
application.
15
If
a
coordinated
application
is
approved,
the
board
shall
enter
16
into
an
agreement
with
the
applicant
to
provide
financial
17
assistance
authorized
under
the
program.
18
Sec.
11.
NEW
SECTION
.
15.226
Grow
Iowa
fund.
19
1.
A
grow
Iowa
fund
is
created
and
established
as
a
separate
20
and
distinct
fund
in
the
state
treasury
under
the
control
of
21
the
authority.
The
moneys
in
the
fund
are
appropriated
to
the
22
board
for
purposes
of
the
grow
Iowa
program
established
in
23
section
15.223.
Moneys
in
the
fund
shall
not
be
subject
to
24
appropriation
for
any
other
purpose
by
the
general
assembly,
25
but
shall
be
used
only
for
purposes
of
the
fund.
The
Iowa
26
finance
authority
shall
act
as
custodian
of
the
fund
and
shall
27
disburse
moneys
contained
in
the
fund
as
directed
by
the
board,
28
including
automatic
disbursements
of
funds
received
pursuant
29
to
the
terms
of
bond
indentures
and
documents
and
security
30
provisions
to
trustees.
The
fund
shall
be
administered
by
the
31
board
which
shall
make
expenditures
from
the
fund
consistent
32
with
the
purposes
of
the
program
without
further
appropriation.
33
An
applicant
shall
not
receive
more
than
fifty
million
dollars
34
in
financial
assistance
from
the
fund.
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2.
Revenue
for
the
fund
shall
include
but
is
not
limited
to
1
the
following,
which
shall
be
deposited
with
the
treasurer
of
2
state
or
the
treasurer’s
designee
as
provided
by
any
bond
or
3
security
documents
and
credited
to
the
fund:
4
a.
The
proceeds
of
bonds
issued
to
capitalize
and
pay
the
5
costs
of
the
fund
and
investment
earnings
on
the
proceeds.
6
b.
Interest
attributable
to
investment
of
money
in
the
fund
7
or
an
account
of
the
fund.
8
c.
Moneys
in
the
form
of
a
devise,
gift,
bequest,
donation,
9
federal
grant
or
other
grant,
reimbursement,
repayment,
10
judgment,
transfer,
payment,
or
appropriation
from
any
source
11
intended
to
be
used
for
purposes
of
the
fund.
12
3.
Notwithstanding
section
8.33,
moneys
appropriated
in
13
this
section
that
remain
unencumbered
or
unobligated
at
the
14
close
of
the
fiscal
year
shall
not
revert
but
shall
remain
15
available
for
expenditure
for
the
purposes
designated
until
the
16
close
of
the
succeeding
fiscal
year.
17
4.
Notwithstanding
section
12C.7,
subsection
2,
interest
or
18
earnings
on
moneys
in
the
fund
shall
be
credited
to
the
fund.
19
5.
a.
The
Iowa
finance
authority
may
create
and
establish
20
one
or
more
special
funds,
to
be
known
as
“bond
reserve
funds”,
21
to
secure
one
or
more
issues
of
bonds
or
notes
issued
pursuant
22
to
section
16.230.
The
Iowa
finance
authority
shall
pay
23
into
each
bond
reserve
fund
any
moneys
appropriated
and
made
24
available
by
the
state
or
by
the
Iowa
finance
authority
for
the
25
purpose
of
the
fund,
any
proceeds
of
sale
of
notes
or
bonds
26
to
the
extent
provided
in
the
resolutions
authorizing
their
27
issuance,
and
any
other
moneys
from
any
other
sources
which
may
28
be
available
to
the
Iowa
finance
authority
for
the
purpose
of
29
the
fund.
All
moneys
held
in
a
bond
reserve
fund,
except
as
30
otherwise
provided
in
paragraph
“b”
,
shall
be
used
as
required
31
solely
for
the
payment
of
the
principal
of
bonds
secured
in
32
whole
or
in
part
by
the
fund
or
of
the
sinking
fund
payments
33
with
respect
to
the
bonds,
the
purchase
or
redemption
of
the
34
bonds,
the
payment
of
interest
on
the
bonds,
or
the
payments
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of
any
redemption
premium
required
to
be
paid
when
the
bonds
1
are
redeemed
prior
to
maturity.
2
b.
Moneys
in
a
bond
reserve
fund
shall
not
be
withdrawn
from
3
the
fund
at
any
time
in
an
amount
that
will
reduce
the
amount
4
of
the
fund
to
less
than
the
bond
reserve
fund
requirement
5
established
for
the
fund,
as
provided
in
this
subsection,
6
except
for
the
purpose
of
making,
with
respect
to
bonds
secured
7
in
whole
or
in
part
by
the
fund,
payment
when
due
of
principal,
8
interest,
redemption
premiums,
and
the
sinking
fund
payments
9
with
respect
to
the
bonds
for
the
payment
of
which
other
moneys
10
of
the
Iowa
finance
authority
are
not
available.
Any
income
or
11
interest
earned
by,
or
incremental
to,
a
bond
reserve
fund
due
12
to
the
investment
of
that
bond
reserve
fund
may
be
transferred
13
by
the
Iowa
finance
authority
to
other
funds
or
accounts
to
14
the
extent
the
transfer
does
not
reduce
the
amount
of
the
bond
15
reserve
fund
below
its
bond
reserve
fund
requirement.
16
c.
The
Iowa
finance
authority
shall
not
issue
bonds,
secured
17
in
whole
or
in
part
by
a
bond
reserve
fund
if,
upon
the
issuance
18
of
the
bonds,
the
amount
in
the
bond
reserve
fund
will
be
less
19
than
the
bond
reserve
fund
requirement
for
the
fund,
unless
the
20
Iowa
finance
authority
at
the
time
of
issuance
of
the
bonds
21
deposits
in
the
fund
from
the
proceeds
of
the
bonds
issued
or
22
from
other
sources
an
amount
which,
together
with
the
amount
23
then
in
the
fund,
will
not
be
less
than
the
bond
reserve
fund
24
requirement
for
the
fund.
For
the
purposes
of
this
subsection,
25
the
term
“bond
reserve
fund
requirement”
means,
as
of
any
26
particular
date
of
computation,
an
amount
of
money,
as
provided
27
in
the
resolutions
authorizing
the
bonds
with
respect
to
which
28
the
fund
is
established.
29
d.
To
assure
the
continued
solvency
of
any
bonds
secured
in
30
whole
or
in
part
by
the
bond
reserve
fund,
provision
is
made
in
31
paragraph
“c”
for
the
accumulation
in
each
bond
reserve
fund
32
of
an
amount
equal
to
the
bond
reserve
fund
requirement
for
33
the
fund.
To
further
assure
maintenance
of
the
bond
reserve
34
funds,
the
Iowa
finance
authority
shall
annually,
on
or
before
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January
1,
make
and
deliver
to
the
governor
the
treasurer’s
1
certificate
stating
the
sum,
if
any,
required
to
restore
each
2
bond
reserve
fund
to
the
bond
reserve
fund
requirement
for
that
3
fund.
Within
thirty
calendar
days
after
commencement
of
the
4
next
session
of
the
general
assembly
immediately
following
5
delivery
of
the
certificate,
the
governor
shall
submit
to
both
6
chambers
of
the
general
assembly
a
printed
copy
of
a
budget
7
including
the
sum,
if
any,
required
to
restore
each
bond
8
reserve
fund
to
the
bond
reserve
fund
requirement
for
that
9
fund.
Any
sums
appropriated
by
the
general
assembly
and
paid
10
to
the
Iowa
finance
authority
pursuant
to
this
subsection
shall
11
be
deposited
by
the
Iowa
finance
authority
in
the
applicable
12
bond
reserve
fund.
13
Sec.
12.
NEW
SECTION
.
16.230
General
and
specific
bonding
14
powers
——
grow
Iowa
program.
15
1.
For
purposes
of
this
part,
“economic
development
16
authority
board”
means
the
members
of
the
economic
development
17
authority
appointed
by
the
governor
and
in
whom
the
powers
of
18
the
authority
are
vested
pursuant
to
section
15.105,
subsection
19
1,
paragraph
“a”
.
20
2.
The
authority
may
issue
bonds
upon
the
request
of
the
21
economic
development
authority
board
and
the
authority
shall
22
have
all
powers
necessary
to
issue
and
secure
bonds
and
to
23
carry
out
the
purposes
of
the
grow
Iowa
fund
created
in
section
24
15.226.
The
authority
may
issue
bonds
in
principal
amounts
25
which,
in
the
opinion
of
the
economic
development
authority
26
board,
are
necessary
to
provide
sufficient
funds
for
the
27
grow
Iowa
fund,
the
payment
of
interest
on
the
bonds,
the
28
establishment
of
reserves
to
secure
the
bonds,
the
costs
of
29
issuance
of
the
bonds,
other
expenditures
of
the
authority
30
incident
to
and
necessary
or
convenient
to
carry
out
the
31
bond
issue
for
the
fund,
and
all
other
expenditures
of
the
32
economic
development
authority
board
necessary
or
convenient
to
33
administer
the
fund;
provided,
however,
excluding
the
issuance
34
of
refunding
bonds,
bonds
issued
pursuant
to
this
section
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shall
not
be
issued
in
an
aggregate
principal
amount
which
1
exceeds
one
hundred
million
dollars.
The
bonds
are
investment
2
securities
and
negotiable
instruments
within
the
meaning
of
and
3
for
purposes
of
the
uniform
commercial
code,
chapter
554.
4
3.
Bonds
issued
under
this
section
are
payable
solely
5
and
only
out
of
the
moneys,
assets,
or
revenues
of
the
grow
6
Iowa
fund
and
any
bond
reserve
funds
established
pursuant
to
7
section
15.226,
all
of
which
may
be
deposited
with
trustees
8
or
depositories
in
accordance
with
bond
or
security
documents
9
and
pledged
by
the
economic
development
authority
board
to
the
10
payment
thereof.
Bonds
issued
under
this
section
shall
contain
11
on
their
face
a
statement
that
the
bonds
do
not
constitute
an
12
indebtedness
of
the
state.
The
authority
shall
not
pledge
13
the
credit
or
taxing
power
of
this
state
or
any
political
14
subdivision
of
this
state
or
make
bonds
issued
pursuant
to
this
15
section
payable
out
of
any
moneys
except
those
in
the
grow
Iowa
16
fund.
17
4.
The
proceeds
of
bonds
issued
by
the
authority
and
not
18
required
for
immediate
disbursement
may
be
deposited
with
a
19
trustee
or
depository
as
provided
in
the
bond
documents
and
20
invested
or
reinvested
in
any
investment
as
directed
by
the
21
economic
development
authority
board
and
specified
in
the
trust
22
indenture,
resolution,
or
other
instrument
pursuant
to
which
23
the
bonds
are
issued
without
regard
to
any
limitation
otherwise
24
provided
by
law.
25
5.
The
bonds
shall
be:
26
a.
In
a
form,
issued
in
denominations,
executed
in
a
manner,
27
and
payable
over
terms
and
with
rights
of
redemption,
and
be
28
subject
to
such
other
terms
and
conditions
as
prescribed
in
the
29
trust
indenture,
resolution,
or
other
instrument
authorizing
30
their
issuance.
31
b.
Negotiable
instruments
under
the
laws
of
the
state
and
32
may
be
sold
at
prices,
at
public
or
private
sale,
and
in
a
33
manner,
as
prescribed
by
the
authority.
Chapters
73A,
74,
74A,
34
and
75
shall
not
apply
to
the
sale
or
issuance
of
the
bonds.
35
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c.
Subject
to
the
terms,
conditions,
and
covenants
providing
1
for
the
payment
of
the
principal,
redemption
premiums,
if
2
any,
interest,
and
other
terms,
conditions,
covenants,
and
3
protective
provisions
safeguarding
payment,
not
inconsistent
4
with
this
section
and
as
determined
by
the
trust
indenture,
5
resolution,
or
other
instrument
authorizing
their
issuance.
6
6.
The
bonds
are
securities
in
which
public
officers
and
7
bodies
of
this
state;
political
subdivisions
of
this
state;
8
insurance
companies
and
associations
and
other
persons
engaged
9
in
the
business
of
insurance;
banks,
trust
companies,
savings
10
associations,
and
investment
companies;
administrators,
11
guardians,
executors,
trustees,
and
other
fiduciaries;
12
and
other
persons
authorized
to
invest
in
bonds
or
other
13
obligations
of
the
state,
may
properly
and
legally
invest
14
funds,
including
capital,
in
their
control
or
belonging
to
15
them.
16
7.
Bonds
must
be
authorized
by
a
trust
indenture,
17
resolution,
or
other
instrument
of
the
authority
approved
by
18
the
economic
development
authority
board.
However,
a
trust
19
indenture,
resolution,
or
other
instrument
authorizing
the
20
issuance
of
bonds
may
delegate
to
an
officer
of
the
economic
21
development
authority
board
the
power
to
negotiate
and
fix
the
22
details
of
an
issue
of
bonds.
23
8.
A
resolution,
trust
agreement,
or
any
other
instrument
24
by
which
a
pledge
is
created
shall
not
need
to
be
recorded
or
25
filed
under
the
Iowa
uniform
commercial
code,
chapter
554,
to
26
be
valid,
binding,
or
effective.
27
9.
Bonds
issued
under
this
section
are
declared
to
be
issued
28
for
a
general
public
and
governmental
purpose
and
all
bonds
29
issued
under
this
section
shall
be
exempt
from
taxation
by
the
30
state
of
Iowa
and
the
interest
on
the
bonds
shall
be
exempt
31
from
the
state
income
tax
and
the
state
inheritance
tax.
32
10.
Subject
to
the
terms
of
any
bond
documents,
moneys
in
33
the
grow
Iowa
fund
may
be
expended
for
administration
expenses.
34
11.
The
authority
may
issue
bonds
for
the
purpose
of
35
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refunding
any
outstanding
bonds
or
notes
issued
pursuant
1
to
this
section,
including
the
payment
of
any
redemption
2
premiums
thereon
and
any
interest
accrued
or
to
accrue
to
the
3
date
of
redemption
of
the
outstanding
bonds
or
notes.
Until
4
the
proceeds
of
bonds
issued
for
the
purpose
of
refunding
5
outstanding
bonds
or
notes
are
applied
to
the
purchase
or
6
retirement
of
outstanding
bonds
or
notes
or
the
redemption
7
of
outstanding
bonds
or
notes,
the
proceeds
may
be
placed
in
8
escrow
and
be
invested
and
reinvested
in
accordance
with
the
9
provisions
of
this
section.
The
interest,
income,
and
profits
10
earned
or
realized
on
an
investment
may
also
be
applied
to
the
11
payment
of
the
outstanding
bonds
or
notes
to
be
refunded
by
12
purchase,
retirement,
or
redemption.
After
the
terms
of
the
13
escrow
have
been
fully
satisfied
and
carried
out,
any
balance
14
of
proceeds
and
interest
earned
or
realized
on
the
investments
15
may
be
returned
to
the
economic
development
authority
board
16
for
deposit
in
the
grow
Iowa
fund.
All
refunding
bonds
shall
17
be
issued
and
secured
and
subject
to
the
provisions
of
this
18
chapter
in
the
same
manner
and
to
the
same
extent
as
other
19
bonds
issued
pursuant
to
this
section.
20
Sec.
13.
NEW
SECTION
.
16.231
Pledges.
21
It
is
the
intention
of
the
general
assembly
that
a
pledge
22
made
in
respect
of
bonds
or
notes
shall
be
valid
and
binding
23
from
the
time
the
pledge
is
made,
that
the
money
or
property
24
so
pledged
and
received
after
the
pledge
by
the
authority
25
shall
immediately
be
subject
to
the
lien
of
the
pledge
without
26
physical
delivery
or
further
act,
and
that
the
lien
of
the
27
pledge
shall
be
valid
and
binding
as
against
all
parties
having
28
claims
of
any
kind
in
tort,
contract,
or
otherwise
against
the
29
authority
whether
or
not
the
parties
have
notice
of
the
lien.
30
Sec.
14.
NEW
SECTION
.
16.232
Projects.
31
The
economic
development
authority
board
may
undertake
32
a
project
for
two
or
more
applicants
jointly,
or
for
any
33
combination
of
applicants,
and
may
combine
for
financing
34
purposes,
with
the
consent
of
all
of
the
applicants
involved,
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the
project
and
some
or
all
future
projects
of
any
applicant,
1
and
sections
15.226
and
16.230
through
16.234,
apply
to,
and
2
for,
the
benefit
of
the
economic
development
authority
board
3
and
the
joint
applicants.
The
money
set
aside
in
a
fund
or
4
funds
pledged
for
any
series
or
issue
of
bonds
or
notes,
5
however,
shall
be
held
for
the
sole
benefit
of
the
series
or
6
issue
separate
and
apart
from
money
pledged
for
another
series
7
or
issue
of
bonds
or
notes
of
the
authority.
To
facilitate
8
the
combining
of
projects,
bonds
or
notes
may
be
issued
in
9
series
under
one
or
more
resolutions
or
trust
agreements
and
10
may
be
fully
open-ended,
providing
for
the
unlimited
issuance
11
of
additional
series,
or
partially
open-ended,
limited
as
12
to
additional
series.
For
the
purposes
of
this
section,
13
“applicant”
means
the
same
as
defined
in
section
15.222.
14
Sec.
15.
NEW
SECTION
.
16.233
Limitations.
15
Bonds
or
notes
issued
pursuant
to
section
16.230
shall
not
16
be
debts
of
the
state,
nor
of
any
political
subdivision
of
17
the
state,
and
shall
not
constitute
a
pledge
of
the
faith
and
18
credit
of
the
state
or
constitute
a
charge
against
the
general
19
credit
or
general
fund
of
the
state.
The
issuance
of
any
bonds
20
or
notes
pursuant
to
section
16.230
by
the
authority
shall
not
21
directly,
indirectly,
or
contingently
obligate
the
state
or
a
22
political
subdivision
of
the
state
to
apply
moneys
from,
or
23
to
levy
or
pledge
any
form
of
taxation
to,
the
payment
of
the
24
bonds
or
notes.
25
Sec.
16.
NEW
SECTION
.
16.234
Construction.
26
Being
necessary
for
the
welfare
of
this
state
and
its
27
inhabitants,
sections
16.230
through
16.233
shall
be
liberally
28
construed
to
effect
the
purposes
of
those
sections.
29
Sec.
17.
Section
422.7,
subsection
2,
Code
2021,
is
amended
30
by
adding
the
following
new
paragraph:
31
NEW
PARAGRAPH
.
v.
Grow
Iowa
program
bonds
pursuant
to
32
section
16.230.
33
DIVISION
III
34
COMMUNITY
ATTRACTION
AND
TOURISM
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Sec.
18.
Section
12.72,
subsection
1,
Code
2021,
is
amended
1
to
read
as
follows:
2
1.
A
vision
Iowa
fund
is
created
and
established
as
a
3
separate
and
distinct
fund
in
the
state
treasury.
The
moneys
4
in
the
fund
are
appropriated
to
the
enhance
Iowa
board
for
5
purposes
of
the
vision
Iowa
program
established
in
section
6
15F.302
,
Code
2021
.
Moneys
in
the
fund
shall
not
be
subject
to
7
appropriation
for
any
other
purpose
by
the
general
assembly,
8
but
shall
be
used
only
for
the
purposes
of
the
vision
Iowa
9
fund.
The
treasurer
of
state
shall
act
as
custodian
of
the
10
fund
and
disburse
moneys
contained
in
the
fund
as
directed
11
by
the
enhance
Iowa
board,
including
automatic
disbursements
12
of
funds
received
pursuant
to
the
terms
of
bond
indentures
13
and
documents
and
security
provisions
to
trustees.
The
fund
14
shall
be
administered
by
the
enhance
Iowa
board
which
shall
15
make
expenditures
from
the
fund
consistent
with
the
purposes
16
of
the
vision
Iowa
program
without
further
appropriation.
An
17
applicant
under
the
vision
Iowa
program
shall
not
receive
more
18
than
seventy-five
million
dollars
in
financial
assistance
from
19
the
fund.
20
Sec.
19.
Section
12.73,
Code
2021,
is
amended
to
read
as
21
follows:
22
12.73
Vision
Iowa
fund
moneys
——
administrative
costs.
23
During
the
term
of
the
vision
Iowa
program
established
in
24
section
15F.302
,
Code
2021,
two
hundred
thousand
dollars
of
the
25
moneys
deposited
each
fiscal
year
in
the
vision
Iowa
fund
and
26
appropriated
for
the
vision
Iowa
program
shall
be
allocated
27
each
fiscal
year
to
the
economic
development
authority
for
28
administrative
costs
incurred
by
the
authority
for
purposes
of
29
administering
the
vision
Iowa
program.
30
Sec.
20.
Section
12.75,
subsection
2,
Code
2021,
is
amended
31
to
read
as
follows:
32
2.
For
purposes
of
this
section
,
“applicant”
means
a
city
or
33
county
or
public
organization
applying
for
financial
assistance
34
under
the
vision
Iowa
program
established
in
section
15F.302
,
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Code
2021
.
1
Sec.
21.
Section
15F.102,
subsection
6,
Code
2021,
is
2
amended
to
read
as
follows:
3
6.
Each
voting
member
of
the
board
shall
serve
on
at
least
4
one
of
the
three
review
committees
referred
to
in
sections
5
15F.203
,
15F.304
,
Code
2021,
and
15F.402
.
6
Sec.
22.
Section
15F.103,
subsections
2
and
3,
Code
2021,
7
are
amended
to
read
as
follows:
8
2.
Establish
the
vision
grow
Iowa
program
and
the
community
9
attraction
and
tourism
program.
10
3.
Oversee
and
provide
approval
of
the
administration
of
11
the
vision
grow
Iowa
program
and
the
community
attraction
and
12
tourism
program
by
the
authority.
13
Sec.
23.
Section
15F.106,
Code
2021,
is
amended
to
read
as
14
follows:
15
15F.106
Benefits.
16
Any
applicant
awarded
financial
assistance
by
the
board
17
under
both
the
vision
Iowa
program
established
in
section
18
15F.302
and
the
community
attraction
and
tourism
program
19
established
in
section
15F.202
shall
provide
and
pay
at
least
20
fifty
percent
of
the
cost
of
a
standard
medical
insurance
plan
21
for
all
full-time
employees
working
at
the
project
after
the
22
completion
of
the
project
for
which
financial
assistance
was
23
received.
24
Sec.
24.
Section
15F.206,
subsection
1,
Code
2021,
is
25
amended
to
read
as
follows:
26
1.
Applications
for
assistance
for
river
enhancement
27
community
attraction
and
tourism
projects
shall
be
submitted
28
to
the
authority.
For
those
applications
that
meet
the
29
eligibility
criteria,
the
authority
shall
provide
a
staff
30
review
analysis
and
evaluation
to
the
vision
Iowa
program
31
review
committee
referred
to
in
section
15F.304,
subsection
2
,
32
and
the
board.
33
Sec.
25.
Section
292.2,
subsection
9,
Code
2021,
is
amended
34
by
striking
the
subsection.
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Sec.
26.
REPEAL.
Sections
15F.301,
15F.302,
15F.303,
and
1
15F.304,
Code
2021,
are
repealed.
2
Sec.
27.
APPLICABILITY.
The
section
of
this
division
3
of
this
Act
amending
section
15F.106
applies
to
financial
4
assistance
awarded
to
an
applicant
by
the
enhance
Iowa
board
5
under
the
community
attraction
and
tourism
program
on
or
after
6
July
1,
2021.
7
DIVISION
IV
8
STATEWIDE
TOURISM
MARKETING
CAMPAIGN
FUNDING
9
Sec.
28.
Section
123.17,
Code
2021,
is
amended
by
adding
the
10
following
new
subsection:
11
NEW
SUBSECTION
.
6A.
After
any
transfers
provided
for
12
in
subsections
3,
5,
and
6,
the
department
of
commerce
shall
13
transfer
to
the
economic
development
authority
from
the
beer
14
and
liquor
control
fund
and
before
any
other
transfer
to
the
15
general
fund,
an
amount
not
to
exceed
five
million
dollars
16
annually
for
a
statewide
tourism
marketing
campaign
under
17
section
15.108,
subsection
5.
18
DIVISION
V
19
MANUFACTURING
4.0
20
Sec.
29.
NEW
SECTION
.
15.371
Manufacturing
4.0
technology
21
investment
program.
22
1.
This
section
shall
be
known
as
and
may
be
cited
as
the
23
“Manufacturing
4.0
Technology
Investment
Program”
.
24
2.
For
purposes
of
this
section
unless
the
context
otherwise
25
requires:
26
a.
“Financial
assistance”
means
the
same
as
defined
in
27
section
15.102.
28
b.
“Manufacturing
4.0
technology
investments”
means
projects
29
that
are
intended
to
lead
to
the
adoption
of,
and
integration
30
of,
smart
technologies
into
existing
manufacturing
operations
31
located
in
the
state
by
mitigating
the
risk
to
the
manufacturer
32
of
significant
technology
investments.
33
3.
a.
A
manufacturing
4.0
technology
investment
fund
34
is
created
within
the
state
treasury
under
the
control
of
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the
authority
for
the
purpose
of
financing
manufacturing
4.0
1
technology
investments
as
described
in
this
section.
2
b.
The
fund
may
be
administered
as
a
revolving
fund
and
3
may
consist
of
any
moneys
appropriated
by
the
general
assembly
4
for
purposes
of
this
section
and
any
other
moneys
that
are
5
lawfully
available
to
the
authority.
Any
moneys
appropriated
6
to
the
fund
shall
be
used
for
purposes
of
the
manufacturing
7
4.0
technology
investment
program.
The
authority
may
use
all
8
other
moneys
in
the
fund,
including
interest,
earnings,
and
9
recaptures,
for
purposes
of
this
section.
10
c.
Notwithstanding
section
8.33,
moneys
appropriated
in
this
11
section
that
remain
unencumbered
or
unobligated
at
the
close
of
12
the
fiscal
year
shall
not
revert
but
shall
remain
available
for
13
expenditure
for
the
purposes
designated
until
the
close
of
the
14
succeeding
fiscal
year.
15
d.
Notwithstanding
any
law
to
the
contrary,
the
authority
16
may
transfer
any
unobligated
and
unencumbered
moneys
in
the
17
fund,
except
for
moneys
appropriated
for
purposes
of
this
18
section,
to
any
fund
created
pursuant
to
section
15.106A,
19
subsection
1,
paragraph
“o”
.
20
4.
The
authority
shall
establish
and
administer
a
21
manufacturing
4.0
technology
investment
program
and
shall
use
22
moneys
in
the
fund
to
award
financial
assistance
to
eligible
23
manufacturers
for
manufacturing
4.0
technology
investments.
24
5.
The
authority
shall
establish
by
rule
a
manufacturing
25
4.0
review
committee
that
shall
review
each
application
26
received
by
the
authority
for
the
program,
and
that
shall
make
27
recommendations
to
the
board
regarding
all
of
the
following:
28
a.
The
completeness
of
the
application.
29
b.
Whether
the
board
should
approve
or
deny
an
application.
30
c.
If
an
application
is
approved,
the
type
and
amount
of
31
financial
assistance
to
be
awarded
to
the
applicant.
32
6.
The
authority
shall
adopt
rules
pursuant
to
chapter
17A
33
necessary
to
implement
and
administer
this
section.
34
Sec.
30.
NEW
SECTION
.
15.372
Additional
first-year
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depreciation.
1
1.
Overview.
The
authority
may
approve
a
manufacturing
2
business
located
in
this
state
to
claim
additional
first-year
3
depreciation
for
certain
investments
made
by
the
business
to
4
transition
to
a
smart
manufacturing
environment
that
leverages
5
joint
capabilities
of
hardware,
software,
and
workers
in
an
6
integrated
way.
7
2.
Eligibility.
To
claim
additional
first-year
8
depreciation,
a
business
must
make
an
eligible
investment.
9
For
purposes
of
this
section,
“eligible
investment”
means
10
an
investment
in
smart
manufacturing
equipment
that
is
11
digitized
and
interconnected,
and
that
modernizes
a
business’s
12
operations
by
supporting
interconnectivity,
decision
support,
13
customization,
and
flexibility
of
production
runs,
or
that
14
decentralizes
low-level
decision
making.
15
3.
Application
and
agreement.
16
a.
A
business
seeking
approval
to
claim
additional
17
first-year
depreciation
for
an
eligible
investment
shall
make
18
application
to
the
authority
in
the
manner
prescribed
by
the
19
authority
by
rule.
The
application
must
include
all
of
the
20
following:
21
(1)
A
description
of
the
investment
the
business
proposes
22
to
make
and
a
statement
describing
how
the
investment
will
23
transition
the
business
to
a
smart
manufacturing
environment.
24
(2)
The
projected
amount
of
the
eligible
investment.
25
(3)
The
projected
date
that
the
eligible
investment
will
be
26
placed-in-service.
27
b.
Completed
applications
shall
be
reviewed
pursuant
to
28
rules
adopted
by
the
authority.
Upon
review
of
an
application,
29
the
board
shall
determine
if
the
proposed
investment
is
an
30
eligible
investment
and
shall
determine
the
maximum
amount
of
31
the
eligible
investment
the
business
is
eligible
to
claim
for
32
additional
first-year
depreciation.
33
c.
If
an
application
is
approved
the
authority
shall
notify
34
the
business.
The
notification
shall
include
the
maximum
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amount
of
the
eligible
investment
the
business
is
eligible
to
1
claim
for
additional
first-year
depreciation
after
all
terms
2
and
conditions
imposed
by
the
agreement
entered
into
pursuant
3
to
paragraph
“d”
have
been
satisfied.
4
d.
After
receipt
of
the
notification
under
paragraph
“c”
,
5
the
business
shall
enter
into
an
agreement
with
the
authority
6
that
specifies
the
terms
and
conditions
that
must
be
satisfied
7
for
the
business
to
claim
additional
first-year
depreciation
8
on
its
eligible
investment.
The
agreement
must
include
all
of
9
the
following:
10
(1)
A
description
of
the
business’s
eligible
investment.
11
(2)
The
maximum
amount
of
the
eligible
investment
the
12
business
is
allowed
to
claim
for
additional
first-year
13
depreciation.
14
(3)
The
projected
placed-in-service
date
for
the
business’s
15
eligible
investment.
16
(4)
The
date
by
which
the
business
must
file
a
written
17
report
with
the
authority
that
provides
all
of
the
following:
18
(a)
The
actual
date
of
completion
of
the
business’s
eligible
19
investment.
20
(b)
The
actual
dollar
amount
of
the
business’s
eligible
21
investment.
22
(c)
The
actual
placed-in-service
date
for
the
business’s
23
eligible
investment.
24
e.
Upon
review
of
the
report
submitted
under
paragraph
“d”
,
25
subparagraph
(4),
and
verification
by
the
authority
of
the
26
actual
dollar
amount
of
the
business’s
eligible
investment,
the
27
authority
shall
notify
the
business
of
the
amount
of
eligible
28
investment
the
business
may
claim
as
additional
first-year
29
depreciation.
The
authority
shall
notify
the
department
of
30
revenue
of
the
amount
of
eligible
investment
the
business
may
31
claim
as
additional
first-year
depreciation
and
shall
submit
a
32
list
to
the
department
of
the
assets
deemed
to
be
part
of
the
33
business’s
eligible
investment.
34
4.
Benefit.
Notwithstanding
section
422.7,
subsection
35
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39
or
39A,
or
section
422.35,
subsection
19
or
19A,
for
a
1
business
that
is
approved
by
the
authority
for
an
eligible
2
investment,
section
168(k)
of
the
Internal
Revenue
Code
applies
3
for
the
computing
of
net
income
of
the
business
for
state
tax
4
purposes
up
to
the
amount
of
eligible
investment
approved
by
5
the
authority.
6
5.
Compliance.
If
a
business
fails
to
complete
the
7
installation
of
its
eligible
investment
or
fails
to
comply
with
8
terms
and
conditions
of
the
agreement
entered
under
subsection
9
3,
paragraph
“d”
,
the
authority
shall
revoke,
reduce,
10
terminate,
or
rescind
the
additional
first-year
depreciation
11
the
business
may
claim.
If
a
business
has
already
filed
a
12
tax
return
in
which
the
business
computed
its
net
income
by
13
applying
section
168(k)
of
the
Internal
Revenue
Code,
the
14
business
shall
file
an
amended
return
with
the
department
of
15
revenue
without
applying
section
168(k).
16
6.
Rules.
The
authority
and
the
department
of
revenue
17
shall
adopt
rules
as
necessary
for
the
implementation
and
18
administration
of
this
section.
19
DIVISION
VI
20
ENERGY
INFRASTRUCTURE
REVOLVING
LOAN
PROGRAM
21
Sec.
31.
Section
476.10A,
subsection
2,
Code
2021,
is
22
amended
to
read
as
follows:
23
2.
Notwithstanding
section
8.33
,
any
unexpended
moneys
24
remitted
to
the
treasurer
of
state
under
this
section
shall
be
25
retained
for
the
purposes
designated.
Notwithstanding
section
26
12C.7,
subsection
2
,
interest
or
earnings
on
investments
or
27
time
deposits
of
the
moneys
remitted
under
this
section
shall
28
be
retained
and
used
for
the
purposes
designated,
pursuant
to
29
section
476.46
.
30
Sec.
32.
Section
476.46,
subsection
2,
paragraph
e,
31
subparagraph
(3),
Code
2021,
is
amended
to
read
as
follows:
32
(3)
Interest
on
the
fund
shall
be
deposited
in
the
fund.
33
A
portion
of
the
interest
on
the
fund,
not
to
exceed
fifty
34
percent
of
the
total
interest
accrued,
shall
be
used
for
35
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_____
promotion
and
administration
of
the
fund.
1
Sec.
33.
Section
476.46,
Code
2021,
is
amended
by
adding
the
2
following
new
subsections:
3
NEW
SUBSECTION
.
3.
The
Iowa
energy
center
shall
not
4
initiate
any
new
loans
under
this
section
after
June
30,
2021.
5
NEW
SUBSECTION
.
4.
Loan
payments
received
under
this
6
section
on
or
after
July
1,
2021,
and
any
other
moneys
in
the
7
fund
on
or
after
July
1,
2021,
shall
be
deposited
in
the
energy
8
infrastructure
revolving
loan
fund
created
in
section
476.46A.
9
Sec.
34.
NEW
SECTION
.
476.46A
Energy
infrastructure
10
revolving
loan
program.
11
1.
a.
An
energy
infrastructure
revolving
loan
fund
is
12
created
in
the
office
of
the
treasurer
of
state
and
shall
be
13
administered
by
the
Iowa
energy
center
established
in
section
14
15.120.
15
b.
The
fund
may
be
administered
as
a
revolving
fund
and
may
16
consist
of
any
moneys
appropriated
by
the
general
assembly
for
17
purposes
of
this
section
and
any
other
moneys
that
are
lawfully
18
directed
to
the
fund.
19
c.
Moneys
in
the
fund
shall
be
used
to
provide
financial
20
assistance
for
the
development
and
construction
of
energy
21
infrastructure,
including
projects
that
support
electric
or
gas
22
generation
transmission,
storage,
or
distribution;
electric
23
grid
modernization;
energy-sector
workforce
development;
24
emergency
preparedness
for
rural
and
underserved
areas;
the
25
expansion
of
biomass,
biogas,
and
renewable
natural
gas;
26
innovative
technologies;
and
the
development
of
infrastructure
27
for
alternative
fuel
vehicles.
28
d.
Notwithstanding
section
8.33,
moneys
appropriated
in
this
29
section
that
remain
unencumbered
or
unobligated
at
the
close
of
30
the
fiscal
year
shall
not
revert
but
shall
remain
available
for
31
expenditure
for
the
purposes
designated
until
the
close
of
the
32
succeeding
fiscal
year.
33
e.
Notwithstanding
section
12C.7,
subsection
2,
interest
34
or
earnings
on
moneys
in
the
fund
shall
be
credited
to
the
35
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fund.
A
percentage
of
the
total
interest
credited
to
the
fund,
1
not
to
exceed
fifty
percent,
shall
be
used
for
promotion
of
2
the
energy
infrastructure
revolving
loan
program
and
for
the
3
administration
of
the
fund.
4
2.
a.
The
Iowa
energy
center
shall
establish
and
administer
5
an
energy
infrastructure
revolving
loan
program
to
encourage
6
the
development
of
energy
infrastructure
within
the
state.
7
b.
An
individual,
business,
rural
electric
cooperative,
or
8
municipal
utility
located
and
operating
in
this
state
shall
be
9
eligible
for
financial
assistance
under
the
program.
With
the
10
approval
of
the
Iowa
energy
center
governing
board
established
11
under
section
15.120,
subsection
2,
the
economic
development
12
authority
shall
determine
the
amount
and
the
terms
of
all
13
financial
assistance
awarded
to
an
individual,
business,
rural
14
electric
cooperative,
or
municipal
utility
under
the
program.
15
All
agreements
and
administrative
authority
sha11
be
vested
in
16
the
Iowa
energy
center
governing
board.
17
c.
The
economic
development
authority
may
use
not
more
than
18
five
percent
of
the
moneys
in
the
fund
at
the
beginning
of
each
19
fiscal
year
for
purposes
of
administrative
costs,
marketing,
20
technical
assistance,
and
other
program
support.
21
3.
For
the
purposes
of
this
section:
22
a.
“Energy
infrastructure”
means
land,
buildings,
physical
23
plant
and
equipment,
and
services
directly
related
to
the
24
development
of
projects
used
for,
or
useful
for,
electricity
or
25
gas
generation,
transmission,
storage,
or
distribution.
26
b.
“Financial
assistance”
means
the
same
as
defined
in
27
section
15.102.
28
Sec.
35.
ALTERNATE
ENERGY
REVOLVING
LOAN
FUND
——
MONEYS
29
TRANSFERRED
AND
APPROPRIATED.
Any
unencumbered
or
unobligated
30
moneys
remaining
after
June
30,
2021,
in
the
alternate
energy
31
revolving
loan
fund
created
pursuant
to
section
476.46,
are
32
transferred
and
appropriated
to
the
energy
infrastructure
33
revolving
loan
fund
created
pursuant
to
section
476.46A,
to
be
34
used
for
purposes
of
the
energy
infrastructure
revolving
loan
35
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program.
1
EXPLANATION
2
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
3
the
explanation’s
substance
by
the
members
of
the
general
assembly.
4
This
bill
relates
to
matters
under
the
purview
of
the
5
economic
development
authority
and
the
Iowa
finance
authority.
6
The
bill
is
divided
into
divisions.
7
DIVISION
I
——
INVESTMENTS
IN
QUALIFYING
BUSINESSES
AND
8
EQUITY
INVESTMENTS
IN
INNOVATION
FUNDS.
Under
current
law
9
the
authority
must
allocate
$2
million
to
investments
in
10
qualifying
businesses
and
$8
million
to
equity
investments
in
11
innovation
funds
(equity
investments).
The
division
limits
12
the
authority’s
tax
credit
allocations
for
investments
in
13
qualifying
businesses
and
equity
investments
to
a
maximum
14
aggregate
of
$10
million.
The
division
requires
the
authority
15
to
determine
on
or
before
June
30
of
each
fiscal
year
the
16
amount
of
tax
credits
to
be
allocated
to
each.
In
addition,
17
any
amount
of
tax
credits
allocated
and
not
awarded
in
that
18
fiscal
year
must
be
reallocated
to
either
investments
in
19
qualifying
businesses
or
to
equity
investments
for
the
next
20
fiscal
year,
and
those
tax
credits
do
not
count
towards
the
21
maximum
aggregate
of
$10
million.
This
applies
to
tax
credits
22
allocated
on
or
after
the
fiscal
year
beginning
July
1,
2021,
23
and
for
each
fiscal
year
thereafter.
24
The
division
modifies
the
maximum
amount
of
an
investment
25
tax
credit
that
may
be
issued
to
a
natural
person
and
the
26
person’s
spouse
or
dependent
from
a
calendar
year
basis
to
a
27
fiscal
year
basis.
The
maximum
amount
of
tax
credits
that
may
28
be
issued
for
equity
investments
in
any
one
qualifying
business
29
is
also
modified
from
a
calendar
year
to
a
fiscal
year.
30
The
division
is
effective
upon
enactment.
31
DIVISION
II
——
GROW
IOWA
PROGRAM.
The
division
directs
32
the
members
of
the
authority
appointed
by
the
governor
and
33
in
whom
the
powers
of
the
economic
development
authority
are
34
vested
(board)
to
establish,
and
the
authority
subject
to
35
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direction
and
approval
by
the
board
to
administer,
a
grow
Iowa
1
program
(program)
to
assist
communities
in
the
development
2
of
regionally
significant
quality
of
life
projects
that
3
leverage
local
community
assets
in
coordination
with
economic
4
development
and
workforce
attraction
and
retention
planning.
5
An
applicant
may
submit
a
coordinated
application
to
the
board
6
for
financial
assistance
for
the
applicant’s
project
under
7
the
program.
“Applicant”
is
defined
in
the
bill.
Financial
8
assistance
may
include
but
is
not
limited
to
grants,
loans,
9
forgivable
loans,
pledges,
credit
enhancements,
and
financing
10
instruments.
“Coordinated
application”
is
defined
as
an
11
application
submitted
by
an
applicant
that
includes
input
12
from
all
municipalities
impacted
by
the
proposed
project,
13
input
from
a
nongovernmental
organization
that
supports
the
14
proposed
project,
and
a
statement
regarding
coordination
with
15
local
stakeholders.
The
coordinated
application
must
include
16
specific
information
as
detailed
in
the
division.
17
The
aggregate
cost
of
an
applicant’s
project
must
be
at
18
least
$10
million
for
an
applicant
to
be
eligible
to
receive
19
financial
assistance
under
the
program.
An
applicant,
or
the
20
board,
may
divide
an
applicant’s
project
into
component
parts
21
and
the
board
may
award
financial
assistance
under
the
program
22
to
one
or
more
component
parts
of
an
applicant’s
project.
23
An
applicant
must
demonstrate
financial
and
nonfinancial
24
support
for
the
applicant’s
project,
which
may
be
from
public
25
or
private
sources.
“Nonfinancial
support”
is
defined
in
26
the
division
and
must
not
total
more
than
25
percent
of
the
27
aggregate
cost
of
the
project.
The
financial
and
nonfinancial
28
support
for
the
applicant’s
project
must
equal
at
least
50
29
percent
of
the
aggregate
cost
of
the
project
if
the
project
is
30
located
in
a
county
with
a
population
equal
to
or
greater
than
31
50,000,
and
at
least
40
percent
of
the
aggregate
cost
of
the
32
project
if
the
project
is
located
in
a
county
with
a
population
33
of
less
than
50,000.
34
The
criteria
for
an
applicant’s
project
to
be
eligible
for
35
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financial
assistance
is
detailed
in
the
division.
The
board
1
cannot
approve
a
coordinated
application
that
seeks
financial
2
assistance
to
refinance
any
loan,
or
pay
off
any
promissory
3
note,
that
has
been
executed
prior
to
the
date
of
submission
4
of
the
coordinated
application.
The
board
also
cannot
approve
5
a
coordinated
application
for
a
project
for
which
financial
6
assistance
has
previously
been
awarded
under
the
program,
7
unless
the
applicant
can
demonstrate
that
any
additional
8
financial
assistance
approved
by
the
board
will
be
used
for
a
9
significant
expansion
of
that
project.
10
The
process
for
review,
consideration,
and
approval
of
11
applications
is
detailed
in
the
division.
12
The
division
creates
a
grow
Iowa
fund
(fund)
and
the
moneys
13
in
the
fund
are
appropriated
to
the
board
for
purposes
of
the
14
program.
The
Iowa
finance
authority
is
designated
as
the
15
custodian
of
the
fund
and
must
disburse
moneys
contained
in
the
16
fund
as
directed
by
the
board.
The
fund
must
be
administered
17
by
the
board.
An
applicant
cannot
receive
more
than
$50
18
million
in
financial
assistance
from
the
fund.
19
Revenue
for
the
fund
must
include
but
is
not
limited
20
to
the
proceeds
of
bonds
issued
to
capitalize
and
pay
the
21
costs
of
the
fund
and
investment
earnings
on
the
proceeds,
22
interest
attributable
to
investment
of
money
in
the
fund
or
an
23
account
of
the
fund,
and
moneys
in
the
form
of
a
devise,
gift,
24
bequest,
donation,
federal
grant
or
other
grant,
reimbursement,
25
repayment,
judgment,
transfer,
payment,
or
appropriation
from
26
any
source
intended
to
be
used
for
purposes
of
the
fund.
27
The
division
provides
that
the
authority
may
create
and
28
establish
one
or
more
special
funds,
to
be
known
as
“bond
29
reserve
funds”,
to
secure
one
or
more
issues
of
bonds
or
notes.
30
The
requirements
related
to
the
bond
reserve
funds
are
detailed
31
in
the
division.
32
The
authority
may
issue
bonds
upon
the
request
of
the
board,
33
and
the
authority
shall
have
all
powers
necessary
to
issue
and
34
secure
bonds
and
to
carry
out
the
purposes
of
the
grow
Iowa
35
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_____
fund.
The
authority’s
general
and
specific
bonding
powers
are
1
detailed
in
the
division.
2
DIVISION
III
——
COMMUNITY
ATTRACTION
AND
TOURISM.
The
3
division
requires
the
enhance
Iowa
board
(board)
to
establish,
4
oversee,
and
provide
approval
of
the
administration
of
the
5
grow
Iowa
program.
Current
law
requires
the
board
to
oversee
6
and
provide
approval
of
the
administration
of
the
vision
7
Iowa
program
and
the
division
eliminates
that
requirement.
8
Current
law
requires
an
applicant
that
is
awarded
financial
9
assistance
by
the
board
under
both
the
vision
Iowa
program
10
and
the
community
attraction
and
tourism
program
(tourism
11
program)
to
provide
and
pay
at
least
50
percent
of
the
cost
of
12
a
standard
medical
insurance
plan
for
all
full-time
employees
13
working
at
the
applicant’s
project
after
the
completion
of
14
the
project
for
which
financial
assistance
was
received.
The
15
division
modifies
this
to
require
an
applicant
that
is
awarded
16
financial
assistance
under
the
tourism
program
to
provide
and
17
pay
at
least
50
percent
of
the
cost
of
a
standard
medical
18
insurance
plan
for
all
full-time
employees
working
at
the
19
applicant’s
project
after
the
completion
of
the
project,
and
20
this
requirement
applies
to
an
applicant
awarded
financial
21
assistance
under
the
tourism
program
on
or
after
July
1,
2021.
22
The
division
repeals
Code
sections
15F.301
through
15F.304,
23
the
vision
Iowa
program,
and
amends
Code
sections
12.72,
12.73,
24
12.75,
15F.102,
15F.103,
15F.206,
and
292.2
to
conform
to
the
25
repeal.
26
DIVISION
IV
——
STATEWIDE
TOURISM
MARKETING
CAMPAIGN
FUNDING.
27
The
division
requires
the
department
of
commerce,
after
other
28
transfers
required
by
Code
section
123.17,
to
transfer
to
29
the
economic
development
authority
from
the
beer
and
liquor
30
control
fund
and
before
any
other
transfer
to
the
general
fund,
31
an
amount
not
to
exceed
$5
million
annually
for
a
statewide
32
tourism
marketing
campaign.
33
DIVISION
V
——
MANUFACTURING
4.0.
The
division
establishes
34
the
manufacturing
4.0
technology
investment
program
(program)
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and
creates
the
manufacturing
4.0
technology
investment
fund
1
(fund).
“Manufacturing
4.0
technology
investments”
is
defined
2
as
projects
that
are
intended
to
lead
to
the
adoption
of,
and
3
integration
of,
smart
technologies
into
existing
manufacturing
4
operations
located
in
the
state
by
mitigating
the
risk
to
the
5
manufacturer
of
significant
technology
investments.
6
The
fund
may
be
administered
as
a
revolving
fund
and
7
may
consist
of
any
moneys
appropriated
for
purposes
of
the
8
program
and
any
other
moneys
that
are
lawfully
available
to
9
the
authority.
The
authority
must
use
moneys
in
the
fund
10
to
award
financial
assistance
to
eligible
manufacturers
for
11
manufacturing
4.0
technology
investments.
Financial
assistance
12
may
include
but
is
not
limited
to
grants,
loans,
and
forgivable
13
loans.
The
authority
must
establish
by
rule
a
manufacturing
14
4.0
review
committee.
The
committee
must
review
each
15
application
received
by
the
authority
and
make
recommendations
16
to
the
members
of
the
authority
appointed
by
the
governor
17
and
in
whom
the
powers
of
the
authority
are
vested
(board),
18
whether
the
board
should
approve
or
deny
an
application,
and
19
the
type
and
amount
of
financial
assistance
to
be
awarded
to
20
an
applicant.
The
authority
must
adopt
rules
as
necessary
to
21
implement
and
administer
the
program.
22
The
division
permits
the
authority
to
approve
a
23
manufacturing
business
located
in
this
state
to
claim
24
additional
first-year
depreciation
(depreciation)
for
certain
25
investments
made
by
the
business
to
transition
to
a
smart
26
manufacturing
environment
that
leverages
joint
capabilities
of
27
hardware,
software,
and
workers
in
an
integrated
way.
To
claim
28
depreciation,
a
business
must
make
an
eligible
investment.
29
“Eligible
investment”
is
defined
as
an
investment
in
smart
30
manufacturing
equipment
that
is
digitized
and
interconnected,
31
and
that
modernizes
a
business’s
operations
by
supporting
32
interconnectivity,
decision
support,
customization,
and
33
flexibility
of
production
runs,
or
that
decentralizes
low-level
34
decision
making.
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The
application
process
and
the
process
for
the
authority
to
1
notify
the
applicant
of
its
eligibility
for
depreciation
are
2
detailed
in
the
division.
An
eligible
business
is
required
3
to
enter
into
an
agreement
with
the
authority
that
specifies
4
the
terms
and
conditions
that
must
be
satisfied
for
the
5
business
to
claim
depreciation
on
its
eligible
investment.
6
An
eligible
business
is
required
to
file
a
written
report
7
with
the
authority
that
states
the
actual
date
of
completion
8
of
the
business’s
eligible
investment,
the
actual
dollar
9
amount
of
the
business’s
eligible
investment,
and
the
actual
10
placed-in-service
date
for
the
business’s
eligible
investment.
11
After
reviewing
the
report
and
verifying
the
actual
dollar
12
amount
of
the
business’s
eligible
investment,
the
authority
13
must
notify
the
business
of
the
amount
of
eligible
investment
14
the
business
may
claim
as
depreciation.
The
authority
must
15
also
notify
the
department
of
revenue
of
the
amount
of
eligible
16
investment
the
business
may
claim
as
depreciation
and
submit
a
17
list
to
the
department
of
the
assets
deemed
to
be
part
of
the
18
business’s
eligible
investment.
19
A
business
that
is
approved
by
the
authority
for
an
eligible
20
investment
may
compute
its
net
income
in
the
same
manner
as
21
depreciation
is
calculated
under
section
168(k)
of
the
Internal
22
Revenue
Code
notwithstanding
contradictory
provisions
in
Code
23
sections
422.7
and
422.35.
If
a
business
fails
to
complete
24
the
installation
of
its
eligible
investment
or
to
comply
with
25
the
terms
and
conditions
of
the
agreement,
the
authority
may
26
revoke,
reduce,
terminate,
or
rescind
the
depreciation
the
27
business
may
claim,
or
if
the
business
has
already
filed
a
tax
28
return
in
which
the
business
computed
net
income
under
section
29
168(k),
require
the
business
to
file
an
amended
return
with
net
30
income
computed
without
the
application
of
section
168(k).
31
The
authority
and
the
department
of
revenue
must
adopt
rules
32
as
necessary
for
the
implementation
and
administration
of
the
33
program.
34
DIVISION
VI
——
ENERGY
INFRASTRUCTURE
REVOLVING
LOAN
PROGRAM.
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The
division
modifies
Code
section
476.46,
alternate
energy
1
revolving
loan
program,
to
prohibit
the
Iowa
energy
center
from
2
initiating
any
new
loans
after
June
30,
2021.
The
division
3
also
requires
that
all
loan
payments
received
after
June
30,
4
2021,
be
deposited,
and
any
moneys
remaining
in
the
alternate
5
energy
revolving
loan
fund
after
June
30,
2021,
be
transferred,
6
to
the
newly
created
energy
infrastructure
revolving
loan
fund.
7
The
division
creates
an
energy
infrastructure
revolving
8
fund
(fund)
in
the
office
of
the
treasurer
of
state
to
be
9
administered
by
the
Iowa
energy
center
(center).
Moneys
in
10
the
fund
are
to
be
used
to
provide
financial
assistance
for
11
the
development
and
construction
of
energy
infrastructure,
12
including
projects
that
support
electric
or
gas
generation
13
transmission,
storage,
or
distribution;
electric
grid
14
modernization;
energy-sector
workforce
development;
emergency
15
preparedness
for
rural
and
underserved
areas;
the
expansion
16
of
biomass,
biogas,
and
renewable
natural
gas;
innovative
17
technologies;
and
the
development
of
infrastructure
for
18
alternative
fuel
vehicles.
“Energy
infrastructure”
is
defined
19
as
land,
buildings,
physical
plant
and
equipment,
and
services
20
directly
related
to
the
development
of
projects
used
for,
21
or
useful
for,
electricity
or
gas
generation,
transmission,
22
storage,
or
distribution.
“Financial
assistance”
is
also
23
defined
in
the
bill.
24
The
center
is
required
to
establish
and
administer
an
energy
25
infrastructure
revolving
loan
program
(program)
to
encourage
26
the
development
of
energy
infrastructure
within
the
state.
An
27
individual,
business,
rural
electric
cooperative,
or
municipal
28
utility
located
and
operating
in
this
state
is
eligible
for
29
financial
assistance
under
the
program.
With
the
approval
30
of
the
center’s
governing
board,
the
economic
development
31
authority
(authority)
must
determine
the
amount
and
the
terms
32
of
all
financial
assistance
awarded
to
an
individual,
business,
33
rural
electric
cooperative,
or
municipal
utility
under
the
34
program.
All
agreements
and
administrative
authority
are
35
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_____
vested
in
the
center’s
governing
board.
The
authority
may
1
use
not
more
than
5
percent
of
the
moneys
in
the
fund
at
the
2
beginning
of
each
fiscal
year
for
purposes
of
administrative
3
costs,
marketing,
technical
assistance,
and
other
program
4
support.
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