Senate File 412 - Introduced SENATE FILE 412 BY BOULTON , T. TAYLOR , KINNEY , BOLKCOM , BISIGNANO , CELSI , TRONE GARRIOTT , J. SMITH , GIDDENS , PETERSEN , MATHIS , LYKAM , RAGAN , WAHLS , QUIRMBACH , JOCHUM , HOGG , and DOTZLER A BILL FOR An Act establishing an essential worker hazard pay grant fund 1 and program to be administered by the economic development 2 authority, and including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2494XS (6) 89 ko/jh

S.F. 412 Section 1. ESSENTIAL WORKER HAZARD PAY GRANT FUND AND 1 PROGRAM. 2 1. As used in this section unless the context otherwise 3 requires: 4 a. “Authority” means the economic development authority. 5 b. “Essential worker” means the same as essential critical 6 infrastructure workers identified in the advisory memorandum 7 issued on December 16, 2020, by the acting director of the 8 federal cyber security and infrastructure security agency, 9 United States department of homeland security, on ensuring 10 essential critical infrastructure workers’ ability to work 11 during the COVID-19 response. 12 c. “Fund” means the essential worker hazard pay grant fund. 13 d. “Hazard pay” means additional pay above an essential 14 worker’s normal base pay including a shift differential or 15 other premium pay. 16 e. “Program” means the essential worker hazard pay grant 17 program. 18 2. a. The fund is created in the state treasury under 19 the control of the authority and consists of any moneys 20 appropriated to the fund by the general assembly and any other 21 moneys available and obtained or accepted by the authority 22 for placement in the fund. The fund shall be used to provide 23 grants as provided under the program. The authority shall 24 use any moneys specifically appropriated for purposes of this 25 section only for the purposes of the program. 26 b. Notwithstanding section 8.33, moneys in the fund 27 that remain unencumbered or unobligated at the close of the 28 fiscal year shall not revert but shall remain available for 29 expenditure for the purposes designated until the close of the 30 succeeding fiscal year. 31 3. The authority shall establish and administer the program 32 for the purpose of awarding grants to eligible businesses that 33 employed essential workers at any time on or after March 17, 34 2020. The authority shall establish eligibility criteria for 35 -1- LSB 2494XS (6) 89 ko/jh 1/ 4

S.F. 412 the program by rule. A grant awarded to a business shall be 1 used only for the purpose of paying hazard pay to all of the 2 business’s essential workers that have been required to work 3 at any time on or after March 17, 2020, in a position or in an 4 environment that exposed the worker to the risk of COVID-19. 5 4. A business seeking a grant under this section shall make 6 application to the authority in the manner prescribed by the 7 authority by rule. 8 5. Subject to funding, the authority shall award grants 9 under this section on a first-come, first-served basis. 10 6. A business shall not be awarded more than one grant under 11 the program. 12 7. A business that is awarded a grant under this section 13 may apply for financial assistance under other programs 14 administered by the authority. 15 8. The authority shall adopt rules pursuant to chapter 17A 16 as necessary to administer this section. The authority may 17 adopt rules on an emergency basis as provided in section 17A.4, 18 subsection 3, and section 17A.5, subsection 2, to administer 19 this section and the rules shall be effective immediately upon 20 filing unless a later date is specified in the rules. Any 21 emergency rules adopted in accordance with this section shall 22 also be published as a notice of intended action as provided 23 in section 17A.4, subsection 1. 24 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate 25 importance, takes effect upon enactment. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 This bill establishes an essential worker hazard pay grant 30 fund (fund) and program (program) to be administered by the 31 economic development authority (authority). 32 “Essential worker” is defined in the bill as essential 33 critical infrastructure workers identified in the advisory 34 memorandum issued on December 16, 2020, by the acting director 35 -2- LSB 2494XS (6) 89 ko/jh 2/ 4

S.F. 412 of the federal cyber security and infrastructure security 1 agency, United States department of homeland security, on 2 ensuring essential critical infrastructure workers’ ability to 3 work during the COVID-19 response. 4 The bill creates the fund in the state treasury under 5 the control of the authority, which consists of any moneys 6 appropriated to the fund by the general assembly and any other 7 moneys available and obtained or accepted by the authority for 8 placement in the fund. The fund must be used to provide grants 9 as provided under the program. The authority must use any 10 moneys specifically appropriated for purposes of the program 11 only for the purposes of the program. The appropriated moneys 12 that remain unencumbered or unobligated at the close of the 13 fiscal year do not revert but remain available for expenditure 14 for the program until the close of the succeeding fiscal year. 15 The authority must establish the program for the purpose of 16 providing grants to eligible businesses that employed essential 17 workers at any time on or after March 17, 2020. A business must 18 use a grant only for the purpose of paying hazard pay to all 19 of the business’s essential workers that have been required to 20 work at any time on or after March 17, 2020, in a position or in 21 an environment that exposed the essential worker to the risk of 22 COVID-19. “Hazard pay” is defined in the bill as additional 23 pay above an essential worker’s normal base pay including a 24 shift differential or other premium pay. The authority must 25 establish eligibility criteria for the program by rule. 26 The bill requires a business seeking a grant under the 27 program to apply to the authority in the manner prescribed by 28 the authority by rule. Subject to funding, the authority must 29 award grants on a first-come, first-served basis. A business 30 that is awarded a grant may apply for financial assistance 31 under other programs administered by the authority. 32 The bill requires the authority to adopt rules as necessary 33 to administer the bill, and allows the authority to adopt rules 34 on an emergency basis. 35 -3- LSB 2494XS (6) 89 ko/jh 3/ 4