House File 875 - Reprinted



                                       HOUSE FILE       
                                       BY  COMMITTEE ON APPROPRIATIONS

                                       (SUCCESSOR TO HSB 303)


    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to and making appropriations to state departments
  2    and agencies from the rebuild Iowa infrastructure fund,
  3    environment first fund, tobacco settlement trust fund,
  4    vertical infrastructure fund, general fund of the state, and
  5    related matters, and including effective and retroactive
  6    applicability date provisions.
  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  8 TLSB 3567HV 81
  9 mg/cf/24

PAG LIN



  1  1                           DIVISION I
  1  2                       STATE GENERAL FUND
  1  3    Section 1.  There is appropriated from the general fund of
  1  4 the state to the following departments and agencies for the
  1  5 fiscal year beginning July 1, 2005, and ending June 30, 2006,
  1  6 the following amounts, or so much thereof as is necessary, to
  1  7 be used for the purposes designated:
  1  8    1.  DEPARTMENT OF CORRECTIONS
  1  9    a.  For maintenance costs of the department of corrections
  1 10 and board of parole associated with the department of
  1 11 administrative services:
  1 12 .................................................. $    105,300
  1 13    b.  For rent payments for the community=based corrections
  1 14 facility located in Davenport and the Vine street building
  1 15 located in West Des Moines:
  1 16 .................................................. $    122,000
  1 17    2.  DEPARTMENT OF CULTURAL AFFAIRS
  1 18    For continuation of the project recommended by the Iowa
  1 19 battle flag advisory committee to stabilize the condition of
  1 20 the battle flag collection:
  1 21 .................................................. $    220,000
  1 22    3.  DEPARTMENT OF EDUCATION
  1 23    To the vocational rehabilitation division to replace lost
  1 24 indirect costs:
  1 25 .................................................. $    101,164
  1 26    4.  DEPARTMENT OF PUBLIC SAFETY
  1 27    For capitol building and judicial building security:
  1 28 .................................................. $    800,000
  1 29                           DIVISION II
  1 30                REBUILD IOWA INFRASTRUCTURE FUND
  1 31    Sec. 2.  There is appropriated from the rebuild Iowa
  1 32 infrastructure fund to the following departments and agencies
  1 33 for the fiscal year beginning July 1, 2005, and ending June
  1 34 30, 2006, the following amounts, or so much thereof as is
  1 35 necessary, to be used for the purposes designated:
  2  1    1.  DEPARTMENT OF ADMINISTRATIVE SERVICES
  2  2    a.  For technology improvement projects:
  2  3 .................................................. $  3,802,000
  2  4    Of the amount appropriated in this lettered paragraph,
  2  5 $2,700,000 is allocated for continued implementation and
  2  6 operation of the integrated information for Iowa system;
  2  7 $792,000 is allocated for continued development and
  2  8 implementation of the electronic tax administration project;
  2  9 and $310,000 is allocated for maintenance and costs associated
  2 10 with upgrading the enterprise data warehouse.
  2 11    b.  For relocation and project costs directly associated
  2 12 with remodeling projects on the capitol complex and for
  2 13 facility lease payments:
  2 14 .................................................. $  1,824,000
  2 15    c.  For routine maintenance of state buildings and
  2 16 facilities:
  2 17 .................................................. $  2,000,000
  2 18    d.  For major renovation and major repair needs, including
  2 19 health, life, and fire safety needs, and for compliance with
  2 20 the federal Americans With Disabilities Act, for state
  2 21 buildings and facilities under the purview of the department:
  2 22 .................................................. $  3,291,891
  2 23    e.  For upgrades to the electrical distribution system
  2 24 serving the capitol complex:
  2 25 .................................................. $  1,843,878
  2 26    f.  For remodeling and renovation of the sexually violent
  2 27 predators unit at Cherokee:
  2 28 .................................................. $  1,400,000
  2 29    g.  For the costs associated with the replacement of the
  2 30 powerhouse facilities at the Iowa juvenile home at Toledo:
  2 31 .................................................. $  1,311,045
  2 32    h.  For improvements to the Wallace state office building:
  2 33 .................................................. $    625,000
  2 34    i.  For maintenance of the Terrace Hill complex:
  2 35 .................................................. $    571,000
  3  1    2.  DEPARTMENT OF CORRECTIONS
  3  2    a.  For construction of a community=based correctional
  3  3 facility, including district offices, in Fort Dodge:
  3  4 .................................................. $     50,000
  3  5    b.  For the lease=payment under the lease=purchase
  3  6 agreement to connect the electrical system supporting the
  3  7 special needs unit in Fort Madison:
  3  8 .................................................. $    333,168
  3  9    c.  For remodeling and renovation of the kitchen facilities
  3 10 at the Anamosa correctional facility:
  3 11 .................................................. $  1,090,000
  3 12    3.  DEPARTMENT OF ECONOMIC DEVELOPMENT
  3 13    a.  To provide a grant to match federal grant dollars that
  3 14 affect areas that are both an enterprise zone and a brownfield
  3 15 site in a county with a population of at least 103,000:
  3 16 .................................................. $    500,000
  3 17    b.  For costs associated with a study involving an
  3 18 environmental assessment and preliminary cultural and
  3 19 historical impact related to the establishment of a regional
  3 20 ferryboat service between Iowa and Illinois:
  3 21 .................................................. $     60,000
  3 22    The funds are to be allocated to an area of the state that
  3 23 has an established ferryboat task force.  The funds
  3 24 appropriated in this lettered paragraph are contingent upon
  3 25 the receipt of federal matching funds and financial
  3 26 participation by the state of Illinois in the study.
  3 27    4.  DEPARTMENT OF EDUCATION
  3 28    a.  To provide resources for structural and technological
  3 29 improvements to local libraries and for the enrich Iowa
  3 30 program:
  3 31 .................................................. $    600,000
  3 32    b.  For maintenance and lease costs associated with
  3 33 connections for part III of the Iowa communications network:
  3 34 .................................................. $  2,727,000
  3 35    c.  To the public broadcasting division for replacing
  4  1 transmitters:
  4  2 .................................................. $  2,000,000
  4  3    5.  DEPARTMENT OF HUMAN SERVICES
  4  4    To provide a grant for the planning, design, and
  4  5 construction of a residential treatment facility for youth
  4  6 with emotional and behavioral disorders in a central Iowa
  4  7 county with a population of approximately 80,000:
  4  8 .................................................. $    250,000
  4  9    6.  IOWA STATE FAIR AUTHORITY
  4 10    For vertical infrastructure projects on the state
  4 11 fairgrounds:
  4 12 .................................................. $    750,000
  4 13    For purposes of this subsection, "vertical infrastructure"
  4 14 means the same as defined in section 8.57, subsection 6,
  4 15 paragraph "c".
  4 16    7.  NATIONAL PROGRAM FOR PLAYGROUND SAFETY AT THE
  4 17 UNIVERSITY OF NORTHERN IOWA
  4 18    For the Iowa safe surfacing initiative:
  4 19 .................................................. $    500,000
  4 20    Not more than 2.5 percent of the funds appropriated in this
  4 21 subsection shall be used by the national program for
  4 22 playground safety for administrative costs associated with the
  4 23 Iowa safe surfacing initiative.
  4 24    The crumb rubber playground tiles for the initiative shall
  4 25 be international play equipment manufacturers association
  4 26 (IPEMA)=certified to the American society for testing and
  4 27 materials (ASTM) F1292 standard.
  4 28    8.  DEPARTMENT OF NATURAL RESOURCES
  4 29    a.  For the dredging of lakes, including necessary
  4 30 preparation for dredging, in accordance with the department's
  4 31 classification of Iowa lakes restoration report:
  4 32 .................................................. $  429,000.
  4 33    The department shall consider the following criteria for
  4 34 funding lake dredging projects as provided in this lettered
  4 35 paragraph, and shall prioritize projects based on the
  5  1 following:
  5  2    (1)  Documented efforts to address watershed protection,
  5  3 considering testing, conservation efforts, and amount of time
  5  4 devoted to watershed protection.
  5  5    (2)  Protection of a natural resource and natural habitat.
  5  6    (3)  Percentage of public access and undeveloped lakefront
  5  7 property.
  5  8    (4)  Continuation of current projects partially funded by
  5  9 state resources to achieve department recommendations.
  5 10    b.  For the purchase of property adjacent to Waubonsie
  5 11 state park and for the improvement of facilities at Waubonsie
  5 12 state park:
  5 13 .................................................. $  1,500,000
  5 14    c.  For costs associated with renovation and improvements
  5 15 at the Fort Atkinson state preserve:
  5 16 .................................................. $    500,000
  5 17    d.  For costs associated with Iowa's membership in the mid=
  5 18 America port commission established in chapter 28K:
  5 19 .................................................. $     80,000
  5 20    9.  DEPARTMENT OF PUBLIC SAFETY
  5 21    a.  For costs of entering into and making payments under a
  5 22 lease=purchase agreement to replace and upgrade the automated
  5 23 fingerprint identification system:
  5 24 .................................................. $    550,000
  5 25    b.  To the division of fire safety for allocation to the
  5 26 fire service training bureau for the planning, design, and
  5 27 construction of a regional training facility in the state:
  5 28 .................................................. $    500,000
  5 29    Of the amount appropriated in this lettered paragraph,
  5 30 $100,000 shall be allocated to the Waterloo fire regional
  5 31 training center.  The moneys allocated to the Waterloo fire
  5 32 regional training center are contingent upon a match of
  5 33 $200,000.
  5 34    c.  To the division of fire safety for allocation to the
  5 35 fire service training bureau to be used for the revolving loan
  6  1 program for equipment purchases by local fire departments:
  6  2 .................................................. $    500,000
  6  3    10.  STATE BOARD OF REGENTS
  6  4    For maintenance at the Iowa school for the deaf and the
  6  5 Iowa braille and sight saving school:
  6  6 .................................................. $    500,000
  6  7    11.  STATE DEPARTMENT OF TRANSPORTATION
  6  8    a.  For operation and maintenance of the network of
  6  9 automated weather observation and data transfer systems
  6 10 associated with the Iowa aviation weather system, the runway
  6 11 marking program for public airports, the windsock program for
  6 12 public airports, and the aviation improvement program:
  6 13 .................................................. $    500,000
  6 14    b.  For a vertical infrastructure improvement grant program
  6 15 for improvements at general aviation airports within the
  6 16 state:
  6 17 .................................................. $    750,000
  6 18    c.  For acquiring, constructing, and improving recreational
  6 19 trails within the state:
  6 20 .................................................. $  1,000,000
  6 21    Of the amount appropriated in this lettered paragraph,
  6 22 $500,000 shall be used for funding, on a matching basis,
  6 23 recreational trail projects, with priority given to completion
  6 24 of trail connections and sections between existing trails and
  6 25 parks within the established state recreational trails system.
  6 26 Such projects shall be matched by $1 of private or other funds
  6 27 for each $3 of state funds.
  6 28    Sec. 3.  There is appropriated from the rebuild Iowa
  6 29 infrastructure fund to the following departments and agencies
  6 30 for the fiscal year beginning July 1, 2006, and ending June
  6 31 30, 2007, the following amounts, or so much thereof as is
  6 32 necessary, to be used for the purposes designated:
  6 33    1.  DEPARTMENT OF ADMINISTRATIVE SERVICES
  6 34    a.  For costs associated with the remodeling of the records
  6 35 and property center:
  7  1 .................................................. $  2,200,000
  7  2    b.  For costs associated with the replacement of the
  7  3 powerhouse facilities at the Iowa juvenile home at Toledo:
  7  4 .................................................. $  1,371,045
  7  5    2.  DEPARTMENT OF CORRECTIONS
  7  6    a.  For construction of a community=based correctional
  7  7 facility, including district offices, in Fort Dodge:
  7  8 .................................................. $  1,400,000
  7  9    b.  For the remodeling and renovation of the kitchen
  7 10 facilities at the Anamosa correctional facility:
  7 11 .................................................. $  1,690,000
  7 12    Sec. 4.  DEPARTMENT OF CORRECTIONS.  There is appropriated
  7 13 from the rebuild Iowa infrastructure fund to the department of
  7 14 corrections for the fiscal year beginning July 1, 2007, and
  7 15 ending June 30, 2008, the following amount, or so much thereof
  7 16 as is necessary, to be used for the purpose designated:
  7 17    For construction of a community=based correctional
  7 18 facility, including district offices, in Fort Dodge:
  7 19 .................................................. $  2,450,000
  7 20    Sec. 5.  2001 Iowa Acts, chapter 185, section 12, is
  7 21 amended to read as follows:
  7 22    SEC. 12.  REVERSION.  Notwithstanding
  7 23    1.  Except as provided in subsection 2 and notwithstanding
  7 24 section 8.33, moneys appropriated in this division of this Act
  7 25 shall not revert at the close of the fiscal year for which
  7 26 they were appropriated but shall remain available for the
  7 27 purposes designated until the close of the fiscal year that
  7 28 begins July 1, 2004, or until the project for which the
  7 29 appropriation was made is completed, whichever is earlier.
  7 30    2.  Notwithstanding section 8.33, moneys appropriated in
  7 31 section 6, subsection 1, of this division of this Act shall
  7 32 not revert at the close of the fiscal year for which they were
  7 33 appropriated but shall remain available for the purpose
  7 34 designated until the close of the fiscal year that begins July
  7 35 1, 2005, or until the project for which the appropriation was
  8  1 made is completed, whichever is earlier.
  8  2    Sec. 6.  2004 Iowa Acts, chapter 1175, section 288,
  8  3 subsection 13, paragraph c, is amended to read as follows:
  8  4    c.  For costs of entering into and making a down payment
  8  5 under a lease=purchase agreement to replace and upgrade the
  8  6 automated fingerprint identification system, notwithstanding
  8  7 section 8.57, subsection 5, paragraph "c":
  8  8 FY 2004=2005 ..................................... $    550,000
  8  9    The appropriation made in this lettered paragraph to enter
  8 10 into and make payments under a lease=purchase agreement
  8 11 constitutes approval by the general assembly of a financing
  8 12 agreement in excess of $1 million as required by section
  8 13 12.28, subsection 6.
  8 14    Sec. 7.  COMMISSION OF VETERANS AFFAIRS TRANSFER.
  8 15 Notwithstanding 2002 Iowa Acts, chapter 1173, section 10,
  8 16 subsection 13, any unencumbered and unobligated moneys
  8 17 remaining on the effective date of this section from the
  8 18 appropriation made in 2002 Iowa Acts, chapter 1173, section
  8 19 10, subsection 12, may be transferred to the appropriation
  8 20 made in 2000 Iowa Acts, chapter 1225, section 19, to be used
  8 21 for the purposes designated in 2000 Iowa Acts, chapter 1225,
  8 22 section 19, as amended by 2004 Iowa Acts, chapter 1175,
  8 23 section 296.
  8 24    Sec. 8.  REVERSION.  Notwithstanding section 8.33, moneys
  8 25 appropriated from the rebuild Iowa infrastructure fund in this
  8 26 division of this Act, except for the moneys appropriated in
  8 27 section 1, subsection 2, paragraph "a", for maintenance costs
  8 28 of the department of corrections and subsection 5, paragraph
  8 29 "d", for the vocational rehabilitation division of the
  8 30 department of education, shall not revert at the close of the
  8 31 fiscal year for which they were appropriated but shall remain
  8 32 available for the purposes designated until the close of the
  8 33 fiscal year that begins July 1, 2008, or until the project for
  8 34 which the appropriation was made is completed, whichever is
  8 35 earlier.  This section does not apply to the sections in this
  9  1 division of this Act that were previously enacted and are
  9  2 amended in this division of this Act.
  9  3    Sec. 9.  The provision in section 8.57, subsection 6,
  9  4 paragraph "c", that limits the use of the moneys in the
  9  5 rebuild Iowa infrastructure fund shall not apply to the
  9  6 appropriations made from such fund in this division of this
  9  7 Act.
  9  8    Sec. 10.  Section 8.57B, subsection 4, Code 2005, is
  9  9 amended to read as follows:
  9 10    4.  There is appropriated from the rebuild Iowa
  9 11 infrastructure fund to the vertical infrastructure fund, the
  9 12 following:
  9 13    a.  For the fiscal year beginning July 1, 2005, and ending
  9 14 June 30, 2006, the sum of fifteen million dollars.
  9 15    b.  For the fiscal year beginning July 1, 2006, and ending
  9 16 June 30, 2007, the sum of fifteen million dollars.
  9 17    c.  For the fiscal year beginning July 1, 2007, and ending
  9 18 June 30, 2008, the sum of fifty million dollars.
  9 19    d.  For the fiscal year beginning July 1, 2008, and ending
  9 20 June 30, 2009, the sum of fifty million dollars.
  9 21    Sec. 11.  Section 452A.79, unnumbered paragraph 2, Code
  9 22 2005, is amended to read as follows:
  9 23    Annually For the fiscal year beginning July 1, 2005, the
  9 24 first four hundred eleven thousand three hundred eleven
  9 25 dollars derived from the excise tax on the sale of motor fuel
  9 26 used in watercraft shall be deposited in the general fund of
  9 27 the state.  The and the moneys in excess of four hundred
  9 28 eleven thousand three hundred eleven dollars shall be
  9 29 deposited in the rebuild Iowa infrastructure fund.  For the
  9 30 fiscal years beginning on or after July 1, 2006, all revenues
  9 31 derived from the excise tax on the sale of motor fuel used in
  9 32 watercraft shall be deposited in the rebuild Iowa
  9 33 infrastructure fund.  Moneys deposited to the general fund and
  9 34 to the rebuild Iowa infrastructure fund under this section and
  9 35 section 452A.84 are subject to the requirements of section
 10  1 8.60 and are subject to appropriation by the general assembly
 10  2 to the department of natural resources for use in its
 10  3 recreational boating program, which may include but is not
 10  4 limited to:
 10  5    Sec. 12.  EFFECTIVE DATE.  The sections of this division of
 10  6 this Act relating to the amendment to 2004 Iowa Acts, chapter
 10  7 1175, section 288, subsection 13, appropriating moneys for a
 10  8 lease=purchase agreement, relating to the amendment to 2001
 10  9 Iowa Acts, chapter 185, section 12, and relating to the
 10 10 commission of veterans affairs transfer, being deemed of
 10 11 immediate importance, take effect upon enactment.
 10 12                          DIVISION III
 10 13                     ENVIRONMENT FIRST FUND
 10 14    Sec. 13.  There is appropriated from the environment first
 10 15 fund to the following departments and agencies for the fiscal
 10 16 year beginning July 1, 2005, and ending June 30, 2006, the
 10 17 following amounts, or so much thereof as is necessary, to be
 10 18 used for the purposes designated:
 10 19    1.  DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP
 10 20    a.  For the conservation reserve enhancement program to
 10 21 restore and construct wetlands for the purposes of
 10 22 intercepting tile line runoff, reducing nutrient loss,
 10 23 improving water quality, and enhancing agricultural production
 10 24 practices:
 10 25 .................................................. $  1,500,000
 10 26    Not more than 5 percent of the moneys appropriated in this
 10 27 lettered paragraph may be used for costs of administration and
 10 28 implementation of soil and water conservation practices.
 10 29    b.  For continuation of a program that provides
 10 30 multiobjective resource protections for flood control, water
 10 31 quality, erosion control, and natural resource conservation:
 10 32 .................................................. $  2,700,000
 10 33    Not more than 5 percent of the moneys appropriated in this
 10 34 lettered paragraph may be used for costs of administration and
 10 35 implementation of soil and water conservation practices.
 11  1    c.  For continuation of a statewide voluntary farm
 11  2 management demonstration program to demonstrate the
 11  3 effectiveness and adaptability of emerging practices in
 11  4 agronomy that protect water resources and provide other
 11  5 environmental benefits:
 11  6 .................................................. $    850,000
 11  7    Not more than 5 percent of the moneys appropriated in this
 11  8 lettered paragraph may be used for costs of administration and
 11  9 implementation of soil and water conservation practices.
 11 10    Of the amount appropriated in this lettered paragraph,
 11 11 $400,000 shall be allocated to the Iowa soybean association's
 11 12 agriculture and environment performance program.
 11 13    d.  For deposit in the alternative drainage system
 11 14 assistance fund created in section 460.303 to be used for
 11 15 purposes of supporting the alternative drainage system
 11 16 assistance program as provided in section 460.304:
 11 17 .................................................. $    500,000
 11 18    Not more than 5 percent of the moneys appropriated in this
 11 19 lettered paragraph may be used for costs of administration and
 11 20 implementation of soil and water conservation practices.
 11 21    e.  To provide financial assistance for the establishment
 11 22 of permanent soil and water conservation practices:
 11 23 .................................................. $  5,500,000
 11 24    (1)  Not more than 5 percent of the moneys appropriated in
 11 25 this lettered paragraph may be allocated for cost=sharing to
 11 26 abate complaints filed under section 161A.47.
 11 27    (2)  Of the moneys appropriated in this lettered paragraph,
 11 28 5 percent shall be allocated for financial incentives to
 11 29 establish practices to protect watersheds above publicly owned
 11 30 lakes of the state from soil erosion and sediment as provided
 11 31 in section 161A.73.
 11 32    (3)  Not more than 30 percent of a soil and water
 11 33 conservation district's allocation of moneys as financial
 11 34 incentives may be provided for the purpose of establishing
 11 35 management practices to control soil erosion on land that is
 12  1 row=cropped, including but not limited to no=till planting,
 12  2 ridge=till planting, contouring, and contour strip=cropping as
 12  3 provided in section 161A.73.
 12  4    (4)  The state soil conservation committee created in
 12  5 section 161A.4 may allocate moneys appropriated in this
 12  6 lettered paragraph to conduct research and demonstration
 12  7 projects to promote conservation tillage and nonpoint source
 12  8 pollution control practices.
 12  9    (5)  The financial incentive payments may be used in
 12 10 combination with department of natural resources moneys.
 12 11    (6)  Not more than 10 percent of the moneys appropriated in
 12 12 this lettered paragraph may be used for costs of
 12 13 administration and implementation of soil and water
 12 14 conservation practices.
 12 15    f.  To encourage and assist farmers in enrolling in and the
 12 16 implementation of federal conservation programs and work with
 12 17 them to enhance their revegetation efforts to improve water
 12 18 quality and habitat:
 12 19 .................................................. $  2,000,000
 12 20    Not more than 5 percent of the moneys appropriated in this
 12 21 lettered paragraph may be used for costs of administration and
 12 22 implementation of soil and water conservation practices.
 12 23    g.  For deposit in the loess hills development and
 12 24 conservation fund created in section 161D.2:
 12 25 .................................................. $    600,000
 12 26    Of the amount appropriated in this lettered paragraph,
 12 27 $400,000 shall be allocated to the hungry canyons account and
 12 28 $200,000 shall be allocated to the loess hills alliance
 12 29 account to be used for the purposes for which the moneys in
 12 30 those accounts are authorized to be used under chapter 161D.
 12 31 No more than 5 percent of the moneys allocated to each account
 12 32 in this lettered paragraph may be used for administrative
 12 33 costs.
 12 34    h.  For deposit in the southern Iowa development and
 12 35 conservation fund created in section 161D.12:
 13  1 .................................................. $    300,000
 13  2    Not more than 5 percent of the moneys appropriated in this
 13  3 lettered paragraph may be used for administrative costs.
 13  4    2.  DEPARTMENT OF ECONOMIC DEVELOPMENT
 13  5    For deposit in the brownfield redevelopment fund created in
 13  6 section 15.293 to provide assistance under the brownfield
 13  7 redevelopment program:
 13  8 .................................................. $    500,000
 13  9    3.  DEPARTMENT OF NATURAL RESOURCES
 13 10    a.  For statewide coordination of volunteer efforts under
 13 11 the water quality and keepers of the land programs:
 13 12 .................................................. $    100,000
 13 13    b.  For purposes of funding capital projects for the
 13 14 purposes specified in section 452A.79, and for expenditures
 13 15 for the local cost=share grants to be used for capital
 13 16 expenditures to local governmental units for boating
 13 17 accessibility:
 13 18 .................................................. $  2,300,000
 13 19    c.  For regular maintenance of state parks and staff time
 13 20 associated with these activities:
 13 21 .................................................. $  2,000,000
 13 22    d.  To provide local watershed managers with geographic
 13 23 information system data for their use in developing,
 13 24 monitoring, and displaying results of their watershed work:
 13 25 .................................................. $    195,000
 13 26    e.  For continuing the establishment and operation of water
 13 27 quality monitoring stations:
 13 28 .................................................. $  2,955,000
 13 29    f.  For deposit in the administration account of the water
 13 30 quality protection fund, to carry out the purposes of that
 13 31 account:
 13 32 .................................................. $    500,000
 13 33    g.  For the dredging of lakes, including necessary
 13 34 preparation for dredging, in accordance with the department's
 13 35 classification of Iowa lakes restoration report:
 14  1 .................................................. $  1,500,000
 14  2    The department shall consider the following criteria for
 14  3 funding lake dredging projects as provided in this lettered
 14  4 paragraph, and shall prioritize projects based on the
 14  5 following:
 14  6    (1)  Documented efforts to address watershed protection,
 14  7 considering testing, conservation efforts, and the amount of
 14  8 time devoted to watershed protection.
 14  9    (2)  Protection of a natural resource and natural habitat.
 14 10    (3)  Percentage of public access and undeveloped lakefront
 14 11 property.
 14 12    (4)  Continuation of current projects partially funded by
 14 13 state resources to achieve department recommendations.
 14 14            RESOURCES ENHANCEMENT AND PROTECTION FUND
 14 15    Sec. 14.  Notwithstanding the amount of the standing
 14 16 appropriation from the general fund of the state under section
 14 17 455A.18, subsection 3, there is appropriated from the
 14 18 environment first fund to the Iowa resources enhancement and
 14 19 protection fund, in lieu of the appropriation made in section
 14 20 455A.18, for the fiscal year beginning July 1, 2005, and
 14 21 ending June 30, 2006, the following amount, to be allocated as
 14 22 provided in section 455A.19:
 14 23 .................................................. $ 11,000,000
 14 24    Sec. 15.  REVERSION.
 14 25    1.  Except as provided in subsection 2, and notwithstanding
 14 26 section 8.33, moneys appropriated in this division of this Act
 14 27 that remain unencumbered or unobligated shall not revert at
 14 28 the close of the fiscal year for which they were appropriated
 14 29 but shall remain available for the purposes designated until
 14 30 the close of the fiscal year beginning July 1, 2006, or until
 14 31 the project for which the appropriation was made is completed,
 14 32 whichever is earlier.
 14 33    2.  Notwithstanding section 8.33, moneys appropriated in
 14 34 this division of this Act to the department of agriculture and
 14 35 land stewardship to provide financial assistance for the
 15  1 establishment of permanent soil and water conservation
 15  2 practices that remain unencumbered or unobligated at the close
 15  3 of the fiscal year shall not revert but shall remain available
 15  4 for expenditure for the purposes designated until the close of
 15  5 the fiscal year that begins July 1, 2008.
 15  6                           DIVISION IV
 15  7                  TOBACCO SETTLEMENT TRUST FUND
 15  8    Sec. 16.
 15  9    1.  There is appropriated from the tax=exempt bond proceeds
 15 10 restricted capital funds account of the tobacco settlement
 15 11 trust fund to the following departments and agencies for the
 15 12 fiscal year beginning July 1, 2005, and ending June 30, 2006,
 15 13 the following amounts, or so much thereof as is necessary, to
 15 14 be used for the purposes designated:
 15 15    a.  DEPARTMENT OF ADMINISTRATIVE SERVICES
 15 16    (1)  For capitol interior restoration:
 15 17 .................................................. $  4,500,000
 15 18    Of the amount appropriated in this subparagraph, $700,000
 15 19 shall be used for cleanup costs associated with the water
 15 20 damage in the statehouse resulting from the pipe break that
 15 21 occurred on December 24, 2004, and for renovation of areas in
 15 22 the statehouse that experienced such water damage.  The
 15 23 $700,000 shall be allocated as follows:
 15 24    (a)  For cleanup and renovation on the ground floor of the
 15 25 statehouse:
 15 26 .................................................. $     84,000
 15 27    (b)  For cleanup and renovation on the first floor of the
 15 28 statehouse:
 15 29 .................................................. $    357,000
 15 30    (c)  For cleanup and renovation on the second floor of the
 15 31 statehouse:
 15 32 .................................................. $    203,000
 15 33    (d)  For cleanup and renovation on the third floor of the
 15 34 statehouse:
 15 35 .................................................. $     56,000
 16  1    The use of the moneys allocated in this subparagraph shall
 16  2 not be construed or interpreted as an indication by the
 16  3 governor or general assembly that the state is the responsible
 16  4 party for the water damage in the statehouse resulting from
 16  5 the pipe break that occurred on December 24, 2004, and for the
 16  6 resulting costs or that the amounts allocated in this
 16  7 subparagraph represent the total amount necessary to address
 16  8 all costs associated with the water damage.
 16  9    (2)  For remodeling and renovation of the sexually violent
 16 10 predators unit located at the state mental health institute at
 16 11 Cherokee:
 16 12 .................................................. $    650,000
 16 13    b.  DEPARTMENT OF CORRECTIONS
 16 14    For the remodeling and renovation of the kitchen facilities
 16 15 at the Anamosa correctional facility:
 16 16 .................................................. $    600,000
 16 17    c.  DEPARTMENT OF ECONOMIC DEVELOPMENT
 16 18    For accelerated career education program capital projects
 16 19 at community colleges that are authorized under chapter 260G
 16 20 and that meet the definition of "vertical infrastructure" in
 16 21 section 8.57B, subsection 3:
 16 22 .................................................. $  1,500,000
 16 23    The moneys appropriated in this lettered paragraph shall be
 16 24 allocated equally among the community colleges in the state.
 16 25 If any portion of the equal allocation to a community college
 16 26 is not obligated or encumbered by April 1, 2006, the
 16 27 unobligated and unencumbered portions shall be available for
 16 28 use by other community colleges.
 16 29    d.  DEPARTMENT OF HUMAN SERVICES
 16 30    For planning, design, and construction of a family resource
 16 31 center in a city with a population between 95,000 and 100,000
 16 32 residents:
 16 33 .................................................. $    250,000
 16 34    e.  DEPARTMENT OF PUBLIC SAFETY
 16 35    For the first phase of the regional emergency responder
 17  1 training facility project of the nonprofit Dubuque county fire
 17  2 fighters association:
 17  3 .................................................. $    100,000
 17  4    f.  IOWA TELECOMMUNICATIONS AND TECHNOLOGY COMMISSION
 17  5    For replacement of equipment for the Iowa communications
 17  6 network:
 17  7 .................................................. $  1,704,719
 17  8    g.  STATE DEPARTMENT OF TRANSPORTATION
 17  9    For vertical infrastructure improvements at the commercial
 17 10 air service airports within the state:
 17 11 .................................................. $  1,500,000
 17 12    Fifty percent of the funds appropriated in this lettered
 17 13 paragraph shall be allocated equally between each commercial
 17 14 service airport, 40 percent of the funds shall be allocated
 17 15 based on the percentage that the number of enplaned passengers
 17 16 at each commercial service airport bears to the total number
 17 17 of enplaned passengers in the state during the previous fiscal
 17 18 year, and 10 percent of the funds shall be allocated based on
 17 19 the percentage that the air cargo tonnage at each commercial
 17 20 service airport bears to the total air cargo tonnage in the
 17 21 state during the previous fiscal year.  In order for a
 17 22 commercial service airport to receive funding under this
 17 23 lettered paragraph, the airport shall be required to submit
 17 24 applications for funding of specific projects to the
 17 25 department for approval by the state transportation
 17 26 commission.
 17 27    2.  TAX=EXEMPT STATUS == USE OF APPROPRIATIONS.  Payment of
 17 28 moneys from the appropriations in this section shall be made
 17 29 in a manner that does not adversely affect the tax=exempt
 17 30 status of any outstanding bonds issued by the tobacco
 17 31 settlement authority.
 17 32    3.  REVERSION.  Notwithstanding section 8.33, moneys
 17 33 appropriated in this section shall not revert at the close of
 17 34 the fiscal year for which they were appropriated but shall
 17 35 remain available for the purposes designated until the close
 18  1 of the fiscal year that begins July 1, 2006, or until the
 18  2 project for which the appropriation was made is completed,
 18  3 whichever is earlier.
 18  4    Sec. 17.  PAYMENTS IN LIEU OF TUITION.  There is
 18  5 appropriated from the tax=exempt bond proceeds restricted
 18  6 capital funds account of the tobacco settlement trust fund to
 18  7 the state board of regents for the fiscal year beginning July
 18  8 1, 2005, and ending June 30, 2006, the following amount, or so
 18  9 much thereof as is necessary, to be used for the purposes
 18 10 designated:
 18 11    For allocation by the state board of regents to the state
 18 12 university of Iowa, the Iowa state university of science and
 18 13 technology, and the university of northern Iowa to reimburse
 18 14 the institutions for deficiencies in their operating funds
 18 15 resulting from the pledging of tuitions, student fees and
 18 16 charges, and institutional income to finance the cost of
 18 17 providing academic and administrative buildings and facilities
 18 18 and utility services at the institutions:
 18 19 .................................................. $ 10,329,981
 18 20    Sec. 18.  PRISON DEBT SERVICE.  There is appropriated from
 18 21 the tax=exempt bond proceeds restricted capital funds account
 18 22 of the tobacco settlement trust fund to the office of the
 18 23 treasurer of state for the fiscal year beginning July 1, 2005,
 18 24 and ending June 30, 2006, the following amount, or so much
 18 25 thereof as is necessary, to be used for the purpose
 18 26 designated:
 18 27    For repayment of prison infrastructure bonds under section
 18 28 16.177:
 18 29 .................................................. $  5,422,390
 18 30    Sec. 19.  The provision in section 12E.12, subsection 1,
 18 31 paragraph "b", subparagraph (1), that limits the use of the
 18 32 moneys in the tax=exempt bond proceeds restricted capital
 18 33 funds account of the tobacco settlement trust fund shall not
 18 34 apply to the appropriations made from such account in this
 18 35 division of this Act.
 19  1    Sec. 20.  2001 Iowa Acts, chapter 185, section 30, is
 19  2 amended to read as follows:
 19  3    SEC. 30.  REVERSION.  Notwithstanding
 19  4    1.  Except as provided in subsection 2 and notwithstanding
 19  5 section 8.33, moneys appropriated in this division of this Act
 19  6 shall not revert at the close of the fiscal year for which
 19  7 they were appropriated but shall remain available for the
 19  8 purposes designated until the close of the fiscal year that
 19  9 begins July 1, 2004, or until the project for which the
 19 10 appropriation was made is completed, whichever is earlier.
 19 11    2.  Notwithstanding section 8.33, moneys appropriated in
 19 12 section 28 of this division of this Act shall not revert at
 19 13 the close of the fiscal year for which they were appropriated
 19 14 but shall remain available for the purpose designated until
 19 15 the close of the fiscal year that begins July 1, 2005, or
 19 16 until the project for which the appropriation was made is
 19 17 completed, whichever is earlier.
 19 18    Sec. 21.  EFFECTIVE DATE.  The section of this division of
 19 19 this Act relating to the amendment to 2001 Iowa Acts, chapter
 19 20 185, section 30, being deemed of immediate importance, takes
 19 21 effect upon enactment.
 19 22                           DIVISION V
 19 23                  VERTICAL INFRASTRUCTURE FUND
 19 24    Sec. 22.  There is appropriated from the vertical
 19 25 infrastructure fund to the following departments and agencies
 19 26 for the fiscal year beginning July 1, 2005, and ending June
 19 27 30, 2006, the following amounts, or so much thereof as is
 19 28 necessary, to be used for the purposes designated:
 19 29    1.  DEPARTMENT OF ADMINISTRATIVE SERVICES
 19 30    For major renovation and major repair needs, including
 19 31 health, life, and fire safety needs, and for compliance with
 19 32 the federal Americans With Disabilities Act, for state
 19 33 buildings and facilities under the purview of the department:
 19 34 .................................................. $  5,623,200
 19 35    Of the amount appropriated in this subsection, up to
 20  1 $200,000 may be used for costs associated with the vertical
 20  2 infrastructure program, notwithstanding section 8.57B,
 20  3 subsection 3.
 20  4    2.  DEPARTMENT OF CULTURAL AFFAIRS
 20  5    For historical site preservation grants, to be used for the
 20  6 restoration, preservation, and development of historical
 20  7 sites:
 20  8 .................................................. $    500,000
 20  9    Historical site preservation grants shall only be awarded
 20 10 for projects which meet the definition of "vertical
 20 11 infrastructure" in section 8.57B, subsection 3.
 20 12    In making grants pursuant to this subsection, the
 20 13 department shall consider the existence and amount of other
 20 14 funds available to an applicant for the designated project.  A
 20 15 grant awarded from moneys appropriated in this subsection
 20 16 shall not exceed $100,000 per project.  Not more than two
 20 17 grants may be awarded in the same county.
 20 18    3.  DEPARTMENT OF ECONOMIC DEVELOPMENT
 20 19    For accelerated career education program capital projects
 20 20 at community colleges that are authorized under chapter 260G
 20 21 and that meet the definition of "vertical infrastructure" in
 20 22 section 8.57B, subsection 3:
 20 23 .................................................. $  4,000,000
 20 24    The moneys appropriated in this subsection shall be
 20 25 allocated equally among the community colleges in the state.
 20 26 If any portion of the equal allocation to a community college
 20 27 is not obligated or encumbered by April 1, 2006, the
 20 28 unobligated and unencumbered portions shall be available for
 20 29 use by other community colleges.
 20 30    4.  DEPARTMENT OF PUBLIC DEFENSE
 20 31    a.  For construction of a national guard readiness center
 20 32 in or near Fort Dodge:
 20 33 .................................................. $    608,000
 20 34    b.  For maintenance and repair of national guard armories
 20 35 and facilities:
 21  1 .................................................. $  1,269,000
 21  2    c.  For upgrading the water treatment facility at Camp
 21  3 Dodge:
 21  4 .................................................. $  1,939,800
 21  5    5.  OFFICE OF TREASURER OF STATE
 21  6    For county fair infrastructure improvements for
 21  7 distribution in accordance with chapter 174 to qualified fairs
 21  8 which belong to the association of Iowa fairs:
 21  9 .................................................. $  1,060,000
 21 10    Sec. 23.  REVERSION.  Notwithstanding section 8.33, moneys
 21 11 appropriated from the vertical infrastructure fund for the
 21 12 fiscal year that begins July 1, 2005, in this division of this
 21 13 Act shall not revert at the close of the fiscal year for which
 21 14 they were appropriated but shall remain available for the
 21 15 purposes designated until the close of the fiscal year that
 21 16 begins July 1, 2008, or until the project for which the
 21 17 appropriation was made is completed, whichever is earlier.
 21 18    Sec. 24.  DEPARTMENT OF ADMINISTRATIVE SERVICES.
 21 19    1.  There is appropriated from the vertical infrastructure
 21 20 fund to the department of administrative services for the
 21 21 designated fiscal years, the following amounts, or so much
 21 22 thereof as if necessary, to be used for the purposes
 21 23 designated:
 21 24    For major renovation and major repair needs, including
 21 25 health, life, and fire safety needs, and for compliance with
 21 26 the federal Americans With Disabilities Act, for state
 21 27 buildings and facilities under the purview of the department:
 21 28 FY 2006=2007...................................... $ 10,000,000
 21 29 FY 2007=2008...................................... $ 40,000,000
 21 30 FY 2008=2009...................................... $ 40,000,000
 21 31    Notwithstanding section 8.33, moneys appropriated in this
 21 32 section shall not revert at the close of the fiscal year for
 21 33 which they were appropriated but shall remain available for
 21 34 the purposes designated until the close of the fiscal year
 21 35 that begins July 1, 2010, or until the project for which the
 22  1 appropriation was made is completed, whichever is earlier.
 22  2                           DIVISION VI
 22  3             RAILROAD REVOLVING LOAN AND GRANT FUND
 22  4    Sec. 25.  Section 327H.20A, Code 2005, is amended to read
 22  5 as follows:
 22  6    327H.20A  RAILROAD REVOLVING LOAN AND GRANT FUND.
 22  7    1.  A railroad revolving loan and grant fund is established
 22  8 in the office of the treasurer of state under the control of
 22  9 the department authority.  Moneys in this the fund shall be
 22 10 expended for loans the following purposes:
 22 11    a.  Grants or loans to provide assistance for the
 22 12 restoration, conservation, improvement, and construction of
 22 13 railroad main lines, branch lines, switching yards, sidings,
 22 14 rail connections, intermodal yards, highway grade separations,
 22 15 and other railroad=related improvements.
 22 16    b.  Grants or loans for rail economic development projects
 22 17 that improve rail facilities, including the construction of
 22 18 branch lines, sidings, rail connections, intermodal yards, and
 22 19 other rail=related improvements that spur economic development
 22 20 and job growth.
 22 21    2.  The department authority shall administer a program for
 22 22 the granting and administration of loans and grants under this
 22 23 section.  No more than fifty percent of the total moneys
 22 24 available in the fund in any year shall be awarded in the form
 22 25 of grants.  The authority may establish a limit on the amount
 22 26 that may be awarded as a grant for any given project in order
 22 27 to maximize the use of the moneys in the fund.  The department
 22 28 authority may enter into agreements with railroad
 22 29 corporations, the United States government, cities, counties,
 22 30 and other persons for carrying out the purposes of this
 22 31 section.
 22 32    3.  Moneys Notwithstanding any other provision to the
 22 33 contrary, on or after July 1, 2006, moneys received as loan
 22 34 repayments for loans made pursuant to this chapter or chapter
 22 35 327I before, on, or after July 1, 2005, other than repayments
 23  1 of federal moneys subject to section 327H.21, shall be
 23  2 credited to the railroad revolving loan and grant fund.
 23  3 Notwithstanding section 8.33, moneys in the railroad revolving
 23  4 loan and grant fund shall not revert to the general fund of
 23  5 the state but shall remain available indefinitely for
 23  6 expenditure under this section.
 23  7    Sec. 26.  Section 327H.26, Code 2005, is amended to read as
 23  8 follows:
 23  9    327H.26  DEFINITION DEFINITIONS.
 23 10    As used in this chapter, unless the context otherwise
 23 11 requires, "department":
 23 12    1.  "Department" means the state department of
 23 13 transportation.
 23 14    2.  "Authority" means the railway finance authority created
 23 15 in chapter 327I.
 23 16    Sec. 27.  Section 327I.8, Code 2005, is amended by adding
 23 17 the following new subsection:
 23 18    NEW SUBSECTION.  8.  Administer the railroad revolving loan
 23 19 and grant fund as provided in section 327H.20A.
 23 20    Sec. 28.  Sections 327H.18 and 327H.20, Code 2005, are
 23 21 repealed.
 23 22    Sec. 29.  Notwithstanding section 327H.18, Code 2005, and
 23 23 chapter 327I, there is appropriated from the general fund of
 23 24 the state to the railroad revolving loan fund established in
 23 25 section 327H.20A for the fiscal year beginning July 1, 2004,
 23 26 and ending June 30, 2005, an amount equal to the amount of the
 23 27 loan repayments made under section 327H.18, Code 2005, and
 23 28 chapter 327I that exceed $1,308,704 during the fiscal year
 23 29 beginning July 1, 2004.
 23 30    Sec. 30.  Notwithstanding section 327H.18, Code 2005, and
 23 31 chapter 327I, there is appropriated from the general fund of
 23 32 the state to the railroad revolving loan and grant fund
 23 33 established in section 327H.20A, as amended by this Act, for
 23 34 the fiscal year beginning July 1, 2005, and ending June 30,
 23 35 2006, an amount equal to the amount of the loan repayments
 24  1 made under section 327H.18, Code 2005, and chapter 327I that
 24  2 exceed $1,288,481 during the fiscal year beginning July 1,
 24  3 2005.
 24  4    Sec. 31.  CONTINUATION OF PRIOR AGREEMENTS.  It is the
 24  5 intent of the general assembly that the enactment of this
 24  6 division of this Act shall not affect the terms or duration of
 24  7 railroad assistance agreements entered into under chapter 327H
 24  8 prior to the effective date of this division of this Act.
 24  9    Sec. 32.  EFFECTIVE DATE AND APPLICABILITY.  The section of
 24 10 this division of this Act that appropriates excess rail
 24 11 assistance loan repayments for the fiscal year beginning July
 24 12 1, 2004, and ending June 30, 2005, being deemed of immediate
 24 13 importance, takes effect upon enactment and applies
 24 14 retroactively to July 1, 2004.
 24 15 HF 875
 24 16 mg:nh/es/25