SF 412 (LSB 2494XS (6) 89)

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 and program to be administered by the economic development authority, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  ESSENTIAL WORKER HAZARD PAY GRANT FUND AND PROGRAM.
   1.  As used in this section unless the context otherwise requires:
   a.  “Authority” means the economic development authority.
   b.  “Essential worker” means the same as essential critical infrastructure workers identified in the advisory memorandum issued on December 16, 2020, by the acting director of the federal cyber security and infrastructure security agency, United States department of homeland security, on ensuring essential critical infrastructure workers’ ability to work during the COVID-19 response.
   c.  “Fund” means the essential worker hazard pay grant fund.
   d.  “Hazard pay” means additional pay above an essential worker’s normal base pay including a shift differential or other premium pay. 
   e.  “Program” means the essential worker hazard pay grant program. 
   2.  a.  The fund is created in the state treasury under the control of the authority and consists of any moneys appropriated to the fund by the general assembly and any other moneys available and obtained or accepted by the authority for placement in the fund. The fund shall be used to provide grants as provided under the program. The authority shall use any moneys specifically appropriated for purposes of this section only for the purposes of the program.
   b.  Notwithstanding section 8.33, moneys in the fund that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.
   3.  The authority shall establish and administer the program for the purpose of awarding grants to eligible businesses that employed essential workers at any time on or after March 17, 2020. The authority shall establish eligibility criteria for the program by rule. A grant awarded to a business shall be used only for the purpose of paying hazard pay to all of the business’s essential workers that have been required to work at any time on or after March 17, 2020, in a position or in an environment that exposed the worker to the risk of COVID-19.
   4.  A business seeking a grant under this section shall make application to the authority in the manner prescribed by the authority by rule.
   5.  Subject to funding, the authority shall award grants under this section on a first-come, first-served basis.
   6.  A business shall not be awarded more than one grant under the program.
   7.  A business that is awarded a grant under this section may apply for financial assistance under other programs administered by the authority.
   8.  The authority shall adopt rules pursuant to chapter 17A as necessary to administer this section. The authority may adopt rules on an emergency basis as provided in section 17A.4, subsection 3, and section 17A.5, subsection 2, to administer this section and the rules shall be effective immediately upon filing unless a later date is specified in the rules. Any emergency rules adopted in accordance with this section shall also be published as a notice of intended action as provided in section 17A.4, subsection 1.
    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill establishes an essential worker hazard pay grant fund (fund) and program (program) to be administered by the economic development authority (authority).
   “Essential worker” is defined in the bill as essential critical infrastructure workers identified in the advisory memorandum issued on December 16, 2020, by the acting director of the federal cyber security and infrastructure security agency, United States department of homeland security, on ensuring essential critical infrastructure workers’ ability to work during the COVID-19 response.
   The bill creates the fund in the state treasury under the control of the authority, which consists of any moneys appropriated to the fund by the general assembly and any other moneys available and obtained or accepted by the authority for placement in the fund. The fund must be used to provide grants as provided under the program. The authority must use any moneys specifically appropriated for purposes of the program only for the purposes of the program. The appropriated moneys that remain unencumbered or unobligated at the close of the fiscal year do not revert but remain available for expenditure for the program until the close of the succeeding fiscal year.
   The authority must establish the program for the purpose of providing grants to eligible businesses that employed essential workers at any time on or after March 17, 2020. A business must use a grant only for the purpose of paying hazard pay to all of the business’s essential workers that have been required to work at any time on or after March 17, 2020, in a position or in an environment that exposed the essential worker to the risk of COVID-19. “Hazard pay” is defined in the bill as additional pay above an essential worker’s normal base pay including a shift differential or other premium pay. The authority must establish eligibility criteria for the program by rule.
   The bill requires a business seeking a grant under the program to apply to the authority in the manner prescribed by the authority by rule. Subject to funding, the authority must award grants on a first-come, first-served basis. A business that is awarded a grant may apply for financial assistance under other programs administered by the authority.
   The bill requires the authority to adopt rules as necessary to administer the bill, and allows the authority to adopt rules on an emergency basis. 
   The bill takes effect upon enactment.