Senate File 548 - Reprinted SENATE FILE 548 BY COMMITTEE ON NATURAL RESOURCES AND ENVIRONMENT (SUCCESSOR TO SSB 1221) (As Amended and Passed by the Senate March 20, 2019 ) A BILL FOR An Act relating to the acquisition, donation, or sale of real 1 property for specified purposes. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 SF 548 (3) 88 js/rn/mb

S.F. 548 Section 1. Section 455B.291, Code 2019, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 7A. “Private entity” means a corporation, 3 limited liability company, trust, estate, partnership, 4 association, or any other legal entity or a legal 5 representative, agent, officer, employee, or assignee of such 6 entity. “Private entity” does not include an individual, 7 municipality, city utility as defined in section 362.2, public 8 water supply system as defined in 455B.171, or a qualified 9 entity as defined in section 384.84. 10 Sec. 2. Section 455B.291, subsection 9, paragraph a, Code 11 2019, is amended to read as follows: 12 a. In the context of water pollution control facilities, 13 the acquisition, construction, reconstruction, extension, 14 equipping, improvement, or rehabilitation of any works and 15 facilities useful for the collection, treatment, and disposal 16 of sewage and industrial waste in a sanitary manner including 17 treatment works as defined in section 212 of the Clean Water 18 Act, or the implementation and development of management 19 programs established under sections 319 and 320 of the Clean 20 Water Act, including construction and undertaking of nonpoint 21 source water pollution control projects and related development 22 activities authorized under those sections. However, on and 23 after July 1, 2019, nonpoint source water pollution control 24 projects shall not include the acquisition of real property by 25 a private entity for future donation or sale to a political 26 subdivision, the department, or the federal government. 27 Sec. 3. Section 455B.295, subsection 2, Code 2019, is 28 amended to read as follows: 29 2. Each of the revolving loan funds shall include sums 30 appropriated to the revolving loan funds by the general 31 assembly, sums transferred by action of the governor under 32 section 455B.296, subsection 3 , sums allocated to the state 33 expressly for the purposes of establishing each of the 34 revolving loan funds under the Clean Water Act and the Safe 35 -1- SF 548 (3) 88 js/rn/mb 1/ 2

S.F. 548 Drinking Water Act, all receipts by the revolving loan funds, 1 and any other sums designated for deposit to the revolving 2 loan funds from any public or private source. All moneys 3 appropriated to and deposited in the revolving loan funds 4 are appropriated and shall be used for the sole purpose of 5 making loans to eligible entities to finance all or part of the 6 cost of projects, including sponsor projects under the water 7 resource restoration sponsor program established in section 8 455B.199 . The moneys appropriated to and deposited in the 9 water pollution control works revolving loan fund shall not 10 be used to pay the nonfederal share of the cost of projects 11 receiving grants under the Clean Water Act. On and after 12 July 1, 2019, moneys in the revolving loan funds shall not 13 be used to finance, subsidize, or enable the acquisition of 14 real property by a private entity except that moneys in the 15 revolving loan funds may be used to finance or subsidize an 16 acquisition of real property by a private entity that occurred 17 prior to July 1, 2019. The moneys in the revolving loan funds 18 are not considered part of the general fund of the state, are 19 not subject to appropriation for any other purpose by the 20 general assembly, and in determining a general fund balance 21 shall not be included in the general fund of the state but 22 shall remain in the revolving loan funds to be used for their 23 respective purposes. The revolving loan funds are separate 24 dedicated funds under the administration and control of the 25 authority and subject to section 16.31 . Moneys on deposit in 26 the revolving loan funds shall be invested by the treasurer 27 of state in cooperation with the authority, and the income 28 from the investments shall be credited to and deposited in the 29 appropriate revolving loan funds. 30 -2- SF 548 (3) 88 js/rn/mb 2/ 2