Bill Text: IA HF2354 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to economic development by making technical and policy changes related to environmental response projects and to certain programs administered by the economic development authority and including retroactive applicability provisions. (Formerly HSB 590)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2012-03-07 - Withdrawn. H.J. 468. [HF2354 Detail]
Download: Iowa-2011-HF2354-Introduced.html
House
File
2354
-
Introduced
HOUSE
FILE
2354
BY
COMMITTEE
ON
ECONOMIC
GROWTH/REBUILD
IOWA
(SUCCESSOR
TO
HSB
590)
(COMPANION
TO
SF2212
BY
COMMITTEE
ON
ECONOMIC
GROWTH/REBUILD
IOWA)
A
BILL
FOR
An
Act
relating
to
economic
development
by
making
technical
1
and
policy
changes
related
to
environmental
response
2
projects
and
to
certain
programs
administered
by
the
3
economic
development
authority
and
including
retroactive
4
applicability
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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DIVISION
I
1
TARGETED
JOBS
WITHHOLDING
ELIGIBILITY
2
Section
1.
Section
403.19A,
subsection
1,
paragraph
a,
Code
3
Supplement
2011,
is
amended
to
read
as
follows:
4
a.
“Business”
means
any
an
enterprise
that
is
located
in
5
this
state
and
that
is
operated
for
profit
and
under
a
single
6
management.
“Business”
includes
professional
services
,
or
7
industrial
enterprise,
including
and
industrial
enterprises,
8
including
but
not
limited
to
medical
treatment
facilities,
9
manufacturing
facilities,
corporate
headquarters,
and
research
10
facilities.
“Business”
does
not
include
a
retail
operation
,
a
11
government
entity,
or
a
business
which
closes
or
substantially
12
reduces
its
operation
in
one
area
of
this
state
and
relocates
13
substantially
the
same
operation
to
another
area
of
this
state.
14
DIVISION
II
15
ACCELERATED
CAREER
EDUCATION
PHYSICAL
INFRASTRUCTURE
PROJECTS
16
Sec.
2.
Section
260G.6,
subsections
1,
3,
and
4,
Code
17
Supplement
2011,
are
amended
to
read
as
follows:
18
1.
An
accelerated
career
education
fund
is
established
19
in
the
state
treasury
under
the
control
of
the
economic
20
development
authority
consisting
of
moneys
appropriated
to
the
21
authority
fund
for
purposes
of
funding
the
cost
of
accelerated
22
career
education
program
capital
projects.
23
3.
If
moneys
are
appropriated
by
the
general
assembly
to
24
support
program
capital
costs,
the
moneys
shall
be
allocated
25
according
to
rules
adopted
by
the
economic
development
26
authority
pursuant
to
chapter
17A
equally
to
each
community
27
college
.
28
4.
In
order
to
receive
moneys
pursuant
to
this
section
,
29
a
program
agreement
approved
by
the
community
college
board
30
of
directors
shall
be
in
place,
program
capital
cost
requests
31
shall
be
approved
by
the
economic
development
authority
32
created
in
section
15.105
,
and
employer
contributions
toward
33
program
capital
costs
shall
be
certified
and
agreed
to
in
the
34
agreement.
Program
capital
cost
requests
shall
be
approved
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or
denied
not
later
than
sixty
days
following
receipt
of
the
1
request
by
the
economic
development
authority.
2
DIVISION
III
3
IOWA
INNOVATION
COUNCIL
4
Sec.
3.
Section
15.117A,
subsection
2,
Code
Supplement
5
2011,
is
amended
by
adding
the
following
new
paragraph:
6
NEW
PARAGRAPH
.
c.
A
vacancy
on
the
council
shall
be
filled
7
in
the
same
manner
as
the
original
selection
and
shall
be
for
8
the
remainder
of
the
term.
9
DIVISION
IV
10
ENTERPRISE
ZONE
CERTIFICATION
SUNSET
11
Sec.
4.
Section
15E.192,
subsection
4,
paragraph
b,
Code
12
Supplement
2011,
is
amended
to
read
as
follows:
13
b.
A
county
or
city
may
apply
to
the
authority
for
an
area
14
to
be
certified
as
an
enterprise
zone
at
any
time
prior
to
July
15
1,
2012
2014
.
However,
the
total
amount
of
land
designated
as
16
enterprise
zones
under
subsection
1
,
and
any
other
enterprise
17
zones
certified
by
the
authority,
excluding
those
approved
18
pursuant
to
subsection
2
and
section
15E.194
,
subsections
3
and
19
5
,
shall
not
exceed
in
the
aggregate
one
percent
of
the
total
20
county
area.
21
DIVISION
V
22
ENVIRONMENTAL
RESPONSE
PROJECTS
23
Sec.
5.
Section
455I.2,
subsection
5,
unnumbered
paragraph
24
1,
Code
2011,
is
amended
to
read
as
follows:
25
“Environmental
response
project”
means
a
plan
or
work
26
performed
for
environmental
remediation
or
flood
control
27
affecting
real
property
and
conducted
under
or
by
one
of
the
28
following:
29
Sec.
6.
Section
455I.11,
subsection
3,
Code
2011,
is
amended
30
to
read
as
follows:
31
3.
A
person
is
not
responsible
for
or
subject
to
liability
32
for
environmental
remediation
or
flood
control
solely
because
33
it
has
the
right
to
enforce
an
environmental
covenant.
34
Sec.
7.
RETROACTIVE
APPLICABILITY
AND
COVENANT
VALIDITY.
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1.
This
division
of
this
Act
applies
retroactively
to
1
an
instrument
entered
into
on
or
after
July
1,
1992,
and
2
before
the
effective
date
of
this
division
of
this
Act,
if
the
3
instrument
meets
the
following
requirements:
4
a.
The
instrument
creates
restrictions
or
obligations
with
5
respect
to
flood
control
affecting
real
property
that
would
6
qualify
as
activity
and
use
limitations
under
chapter
455I,
as
7
amended
in
this
division
of
this
Act.
8
b.
A
grantor
or
holder
or
a
party
to
or
beneficiary
of
9
the
instrument,
as
named
in
the
instrument,
files
by
July
1,
10
2013,
in
the
office
of
the
recorder
of
deeds
of
the
county
in
11
which
the
real
estate
is
situated,
a
statement
in
writing,
duly
12
acknowledged,
doing
all
of
the
following:
13
(1)
Definitely
describing
the
real
estate
involved
and
14
the
originally
recorded
instrument
creating
the
restrictions
15
or
obligations
with
respect
to
flood
control
affecting
real
16
property.
17
(2)
Declaring
that
such
instrument
is
an
environmental
18
covenant
for
purposes
of
chapter
455I,
as
amended
in
this
19
division
of
this
Act.
20
2.
An
instrument
meeting
the
requirements
of
this
section
of
21
this
division
of
this
Act
is
valid
and
enforceable
under
the
22
provisions
of
chapter
455I,
as
amended
in
this
division
of
this
23
Act,
and
the
validity
of
the
environmental
covenant
established
24
by
the
instrument
is
not
impaired
by
section
558.68
or
614.24.
25
DIVISION
VI
26
REGIONAL
SPORTS
AUTHORITY
DISTRICTS
27
Sec.
8.
Section
15E.321,
subsection
2,
Code
Supplement
28
2011,
is
amended
to
read
as
follows:
29
2.
a.
A
convention
and
visitors
bureau
may
apply
to
the
30
authority
for
certification
of
a
regional
sports
authority
31
district
which
may
include
more
than
one
city
and
more
than
32
one
convention
and
visitors
bureau
within
the
district.
The
33
authority
shall
not
certify
more
than
ten
such
districts.
34
b.
If
more
than
ten
applications
are
received
in
any
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certification
year,
the
authority
shall
certify
the
districts
1
on
a
competitive
basis.
In
evaluating
the
applications
for
2
certification,
the
authority
shall
consider
the
economic
impact
3
to
the
state
of
the
activities
proposed
in
the
application,
the
4
geographic
diversity
of
the
districts
applying,
and
any
other
5
factors
the
authority
deems
relevant.
6
DIVISION
VII
7
CONFIDENTIAL
INFORMATION
8
Sec.
9.
Section
15.118,
subsection
2,
Code
Supplement
2011,
9
is
amended
to
read
as
follows:
10
2.
All
information
contained
in
an
application
for
11
financial
assistance
submitted
to
the
authority
shall
remain
12
confidential
while
the
authority
is
reviewing
the
application,
13
processing
requests
for
confidentiality,
negotiating
with
the
14
applicant,
and
preparing
the
application
for
consideration
by
15
the
director
or
the
board.
The
authority
may
release
certain
16
information
in
an
application
for
financial
assistance
to
a
17
third
party
for
technical
review.
If
the
authority
releases
18
such
information
to
a
third
party,
the
authority
shall
ensure
19
that
the
third
party
protects
such
information
from
public
20
disclosure.
After
the
authority
has
considered
a
request
for
21
confidentiality
pursuant
to
subsection
3
,
any
information
not
22
deemed
confidential
shall
be
made
publicly
available.
Any
23
information
deemed
confidential
by
the
authority
shall
also
24
be
kept
confidential
during
and
following
administration
of
25
a
contract
executed
pursuant
to
a
successful
application.
26
Information
deemed
confidential
may
be
treated
as
such
for
as
27
long
as
the
authority
deems
necessary
to
protect
an
applicant’s
28
competitive
position,
and
the
confidential
treatment
of
the
29
information
shall
apply
whether
the
authority
is
in
possession
30
of
the
information
or
whether
the
information
has
been
sent
to
31
off-site
storage
or
to
the
state
archivist.
32
DIVISION
VIII
33
EMPLOYEES
ELIGIBLE
FOR
JOBS
TRAINING
PROGRAMS
34
Sec.
10.
Section
260E.2,
subsection
6,
Code
2011,
is
amended
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to
read
as
follows:
1
6.
“Employee”
means
the
person
employed
in
a
new
job.
2
“Employee”
does
not
include
a
person
not
subject
to
the
3
withholding
of
Iowa
income
pursuant
to
a
reciprocal
agreement
4
under
section
422.8,
subsection
5.
5
Sec.
11.
Section
260F.2,
subsection
6,
Code
Supplement
6
2011,
is
amended
to
read
as
follows:
7
6.
“Employee”
means
a
person
currently
employed
by
a
8
business
who
is
to
be
trained.
However,
“employee”
does
not
9
include
a
person
with
executive
responsibilities
or
replacement
10
workers
who
are
hired
as
a
result
of
a
strike,
lockout,
or
11
other
labor
dispute
in
Iowa.
12
EXPLANATION
13
This
bill
makes
technical
and
policy
changes
relating
14
to
environmental
response
projects
and
certain
programs
15
administered
by
the
economic
development
authority
(EDA).
16
Division
I
of
the
bill
amends
the
definition
of
“business”
17
under
Code
section
403.19A,
which
determines
the
eligibility
18
of
an
entity
to
enter
into
an
agreement
with
a
pilot
project
19
city
under
the
targeted
jobs
withholding
credit
program.
The
20
bill
adds
that
a
business
for
purposes
of
the
targeted
jobs
21
withholding
credit
program
is
a
for-profit
enterprise
that
22
is
located
within
the
state
and
that
operates
under
single
23
management.
The
bill
provides
that
a
government
entity
does
24
not
constitute
a
business
for
purposes
of
the
program.
25
Division
II
of
the
bill
amends
Code
section
260G.6
to
provide
26
that
the
EDA
would
not
control
the
accelerated
career
education
27
fund,
and
appropriations
for
accelerated
career
education
would
28
be
directed
to
the
fund
rather
than
the
EDA.
The
bill
states
29
that
moneys
appropriated
by
the
general
assembly
for
program
30
capital
costs
shall
be
allocated
equally
to
each
community
31
college
rather
than
requiring
the
EDA
to
allocate
the
moneys.
32
The
bill
strikes
language
that
requires
a
program
agreement
to
33
be
in
place.
The
bill
strikes
language
that
would
require
the
34
EDA
to
approve
program
capital
cost
requests.
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Division
III
of
the
bill
amends
Code
section
15.117A
to
1
require
a
vacancy
on
the
Iowa
innovation
council
be
filled
2
for
the
remainder
of
the
term
in
the
same
manner
in
which
the
3
original
selection
was
made.
4
Division
IV
of
the
bill
amends
Code
section
15E.192
to
allow
5
counties
or
cities
to
apply
to
the
EDA
to
be
certified
as
an
6
enterprise
zone
any
time
prior
to
July
1,
2014,
rather
than
7
July
1,
2012.
8
Division
V
of
the
bill
amends
Code
section
455I.2
defining
9
an
environmental
response
project
to
include
a
plan
or
10
work
performed
for
flood
control.
Current
law
and
the
bill
11
exempt
a
flood
covenant
that
meets
certain
standards
from
12
the
requirement
that
certain
conveyances
containing
land
use
13
restrictions
be
renewed
every
21
years.
Under
the
bill,
a
14
flood
covenant
can
be
exempted
if
a
grantor
or
holder
or
15
any
party
to
or
beneficiary
of
the
flood
control
covenant,
16
who
is
named
in
the
document
creating
the
flood
control
17
covenant,
files
a
written
statement
that
is
duly
acknowledged
18
and
definitely
describes
the
real
estate
involved
in
the
19
original
recorded
flood
control
covenant
and
describes
the
20
originally
recorded
flood
control
covenant.
The
written
21
statement
must
also
declare
that
the
flood
control
covenant
is
22
an
environmental
covenant
for
purposes
of
Code
chapter
455I.
23
Division
V
applies
retroactively
to
eligible
flood
control
24
covenants
entered
into
on
or
after
July
1,
1992,
and
before
the
25
effective
date
of
this
division
of
this
Act.
26
Division
VI
of
the
bill
amends
Code
section
15E.321
to
27
include
criteria
for
the
EDA
to
consider
when
determining
28
whether
to
certify
a
regional
sports
authority
district
when
29
more
than
10
applications
for
certification
are
received.
30
Division
VII
of
the
bill
amends
Code
section
15.118
to
add
31
that
an
applicant’s
confidential
information
contained
in
an
32
application
for
financial
assistance
may
remain
confidential
33
as
long
as
necessary
to
protect
the
applicant’s
competitive
34
position.
The
bill
also
provides
that
the
information’s
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confidential
status
and
treatment
applies
regardless
of
1
whether
the
authority
has
possession
of
the
information
or
the
2
information
has
been
sent
to
off-site
storage
or
the
state
3
archivist.
4
Division
VIII
of
the
bill
amends
Code
sections
260E.2
and
5
260F.2
regarding
the
definition
of
an
employee
for
purposes
6
of
the
industrial
new
jobs
training
and
the
jobs
training
7
programs,
respectively.
The
bill
provides
that
an
employee
for
8
purposes
of
eligibility
for
the
jobs
training
program
does
not
9
include
a
person
with
executive
responsibilities.
The
bill
10
also
provides
that
a
person
not
subject
to
withholding
of
Iowa
11
income
tax
because
of
a
reciprocal
withholding
agreement
with
12
another
state
does
not
qualify
as
an
employee
for
purposes
of
13
eligibility
for
the
industrial
jobs
training
program.
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