Bill Text: IA HF436 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to the utilization of energy by modifying and expanding the energy city designation program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [HF436 Detail]
Download: Iowa-2011-HF436-Introduced.html
House
File
436
-
Introduced
HOUSE
FILE
436
BY
ISENHART
A
BILL
FOR
An
Act
relating
to
the
utilization
of
energy
by
modifying
and
1
expanding
the
energy
city
designation
program.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
266.39C,
Code
2011,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
7.
The
Iowa
energy
center
shall
administer
3
the
designation
program
for
energy
cities,
energy
counties,
and
4
energy
regions
established
in
section
473.41.
5
Sec.
2.
Section
469.3,
subsection
2,
paragraph
w,
Code
2011,
6
is
amended
by
striking
the
paragraph.
7
Sec.
3.
Section
473.41,
Code
2011,
is
amended
to
read
as
8
follows:
9
473.41
Energy
city
designation
program
Designation
program
——
10
energy
cities,
counties,
and
regions
.
11
1.
The
office
department
of
economic
development,
with
the
12
assistance
of
the
Iowa
initiative
for
sustainable
communities
13
administered
through
the
school
of
urban
and
regional
planning
14
at
the
university
of
Iowa,
shall
establish
and
administer
an
15
energy
city
a
designation
program
for
energy
cities,
energy
16
counties,
and
energy
regions
,
with
the
objective
of
encouraging
17
cities
,
counties,
and
collaborations
of
cities
and
counties
to
18
develop
and
implement
innovative
energy
efficiency
programs.
19
To
qualify
for
designation
as
an
energy
city,
energy
county,
or
20
energy
region,
a
city
,
county,
or
collaboration
of
cities
and
21
counties
shall
submit
an
application
on
forms
prescribed
by
the
22
office
by
rule,
indicating
department
providing
the
following:
23
a.
Submission
of
A
community-based
energy
improvement
plan,
24
which
incorporates
the
smart
planning
principles
and
guidelines
25
pursuant
to
sections
18B.1
and
18B.2,
plans
for
energy
26
reduction
improvement
projects,
energy-efficient
building
27
construction
and
rehabilitation,
and
alternative
or
renewable
28
energy
production.
29
b.
Efforts
A
plan
to
secure
local
funding
for
30
community-based
energy
improvement
plans
,
and
documentation
of
31
any
state
or
federal
grant
or
loan
funding
being
pursued
in
32
connection
therewith
.
33
c.
Involvement
Documentation
of
involvement
by
local
34
schools,
civic
organizations,
chambers
of
commerce
business
35
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organizations
,
and
private
other
groups
in
a
community-based
1
the
energy
improvement
plan.
2
d.
Existing
A
summary
of
existing
or
proposed
ordinances
3
encouraging
or
supporting
energy
efficiency
improvement
4
initiatives
and
conservation,
recycling
efforts,
and
5
energy-efficient
building
code
provisions
and
enforcement
6
buildings
.
7
e.
Organization
The
organization
of
an
energy
day
observance
8
and
proclamation
with
a
commemorating
event
and
awards
ceremony
9
for
leading
energy-efficient
community
businesses,
groups,
10
schools,
or
individuals.
11
2.
The
office
shall
establish
by
rule
criteria
for
awarding
12
energy
city
designations.
If
more
than
one
designation
is
13
awarded
annually,
the
criteria
shall
include
a
requirement
14
that
the
office
award
the
designations
to
cities
of
varying
15
populations.
Rules
shall
also
be
established
identifying
16
department
shall
identify
and
publicizing
publicize
private,
17
state
,
and
federal
grant
and
loan
programs
relating
to
energy
18
efficiency,
and
the
development
of
a
procedure
whereby
19
the
office
shall
coordinate
with
other
state
agencies
20
preferences
given
in
the
awarding
of
grants
or
making
of
loans
21
to
energy
city
designated
applicants
improvement,
energy
22
demand
reduction,
energy-efficient
building
construction
and
23
rehabilitation,
and
alternative
or
renewable
energy
production
.
24
3.
The
department
shall
coordinate
with
energy
cities,
25
counties,
and
regions
to
facilitate
the
state’s
participation
26
in
the
federal
better
buildings
initiative,
including
but
27
not
limited
to
promoting
and
facilitating
public
and
private
28
participation
in
new
tax
incentives
for
building
efficiency;
29
financing
opportunities
for
commercial
retrofits;
federal
30
loan
guarantees
for
energy
efficiency
upgrades
at
hospitals,
31
schools,
and
other
commercial
buildings;
applying
for
grants
32
to
foster
the
streamlining
and
updating
of
state
and
local
33
government
regulations
to
attract
private
sector
investment
in
34
energy
improvement
projects;
and
participating
in
the
better
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buildings
challenge
included
in
the
initiative.
1
4.
The
department
shall
conduct
an
annual
statewide
event
2
recognizing
and
showcasing
selected
energy
cities,
energy
3
counties,
and
energy
regions
which
meet
or
exceed
energy
4
improvement
criteria
established
by
the
department,
and
5
businesses,
groups,
schools,
or
individuals
nominated
for
6
recognition
by
such
cities,
counties,
or
regions.
7
5.
For
purposes
of
developing
or
implementing
an
energy
8
improvement
plan
or
a
plan
to
secure
financing,
one
or
more
9
cities
and
counties
may
enter
into
a
chapter
28E
agreement
10
through
a
council
of
governments
to
collaborate
in
the
creation
11
of
an
energy
region
for
purposes
of
this
section
and
section
12
473.42,
473.43,
and
473.44.
13
Sec.
4.
NEW
SECTION
.
473.42
Designation
program
——
14
ordinance.
15
1.
A
city
council
or
county
board
of
supervisors
may
16
adopt
an
ordinance
or
ordinances
providing
energy
improvement
17
plan
financing
as
a
component
of
an
energy
improvement
plan
18
submitted
by
a
city,
county,
or
council
of
governments.
Prior
19
to
adoption
of
an
ordinance,
the
city
council
or
county
board
20
of
supervisors
shall
do
all
of
the
following:
21
a.
Submit
the
question
of
adoption
of
the
ordinance
to
an
22
energy
improvement
ordinance
evaluation
committee,
which
shall
23
include
but
not
be
limited
to
two
members
who
are
residents
24
of
or
operating
within
the
city,
county,
or
energy
region
25
representing
each
of
the
following
categories:
26
(1)
Homeowner
energy
users.
27
(2)
Business
energy
users.
28
(3)
Energy
utilities.
29
(4)
Architectural
firms.
30
(5)
Firms
involved
in
the
construction
or
installation
of
31
energy
improvements.
32
(6)
Financial
institutions.
33
The
committee
shall
be
subject
to
the
requirements
of
34
sections
69.16
and
69.16A.
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b.
Conduct
a
public
hearing
at
which
interested
persons
may
1
inquire
about
or
object
to
the
proposed
ordinance.
Notice
of
2
the
hearing
shall
be
published
as
provided
in
section
331.305
3
or
362.3,
as
applicable.
4
2.
The
department
shall
be
provided
with
a
copy
of
any
5
ordinance
adopted
pursuant
to
this
section.
6
Sec.
5.
NEW
SECTION
.
473.43
Designation
program
——
7
financing.
8
1.
a.
An
energy
improvement
plan
financing
ordinance
9
adopted
by
a
city
council
or
county
board
of
supervisors
10
pursuant
to
section
473.42
may
authorize
the
issuance
of
11
bonds
by
the
city
or
county
to
assist
in
the
financing
of
12
energy
improvement
projects.
Energy
improvement
projects
for
13
publicly
owned
buildings
shall
be
considered
an
essential
14
corporate
purpose
for
which
a
city
or
county
may
issue
bonds.
15
The
ordinance
may
also
provide
for
the
repayment
of
bonds
or
16
other
financing
through
special
assessments,
provided
that
17
any
lien
involved
maintains
a
junior
position
with
respect
to
18
any
mortgage
or
other
lien
on
the
property.
If
not
repaid
19
according
to
another
contract
or
agreement,
any
unpaid
20
assessments
shall
remain
with
the
property
following
the
sale
21
of
the
property.
22
b.
If
the
ordinance
provides
for
the
repayment
of
bonds
or
23
other
financing
through
special
assessments,
the
department
24
shall
establish
procedures
and
requirements
regarding
the
25
adoption
of
a
resolution
of
intent,
application
forms,
26
packaging
assessments,
petitions
by
property
owners,
submission
27
of
resolutions
for
filing,
and
adoption
of
a
final
assessment
28
schedule.
29
c.
The
ordinance
may
additionally
provide
for
the
repayment
30
of
financed
improvements
through
billings
for
energy
use
under
31
one
or
more
agreements
with
a
city,
investor-owned
utility,
32
municipal
utility,
rural
electric
cooperative,
or
other
energy
33
supplier.
Such
arrangements
shall
qualify
for
incorporation
34
into
applicable
energy
efficiency
plan
and
goal
requirements
35
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established
in
section
476.6,
subsections
14
and
16.
The
1
utilities
board
of
the
utilities
division
of
the
department
of
2
commerce
shall
by
rule
adopt
procedures
for
the
implementation
3
of
this
paragraph.
4
2.
A
city,
county,
or
council
of
governments
may
enter
into
5
one
or
more
cooperative
agreements
with
financial
institutions
6
and
other
stakeholders
for
the
purpose
of
financing
energy
7
improvement
projects
and
providing
for
the
repayment
of
such
8
financing.
9
Sec.
6.
NEW
SECTION
.
473.44
Designation
program
——
annual
10
report.
11
Energy
cities,
counties,
and
regions
shall
provide
12
information
to
the
department
on
an
annual
basis
regarding
the
13
results
of
the
program.
The
department
shall
make
available
on
14
its
internet
site
the
information
so
received.
15
EXPLANATION
16
This
bill
relates
to
energy
efficiency
programs
undertaken
17
at
the
city,
county,
and
regional
level.
18
The
bill
modifies
and
expands
the
energy
city
designation
19
program
contained
in
Code
section
473.41.
The
program
is
20
transferred
for
administrative
purposes
from
the
office
21
of
energy
independence
to
the
Iowa
department
of
economic
22
development,
with
the
assistance
of
the
Iowa
initiative
for
23
sustainable
communities
administered
through
the
school
of
24
urban
and
regional
planning
at
the
university
of
Iowa,
and
25
expanded
to
include
counties
and
collaborations
of
cities
26
and
counties
at
the
regional
level
regarding
developing
and
27
implementing
energy
efficiency
programs.
28
The
bill
expands
application
requirements
for
designation
29
pursuant
to
the
program.
Modified
requirements
include
30
submitting
an
energy
improvement
plan
incorporating
smart
31
planning
principles
and
guidelines
established
in
Code
sections
32
18B.1
and
18B.2,
and
plans
for
energy
improvement
projects,
33
energy-efficient
building
construction
and
rehabilitation,
and
34
alternative
or
renewable
energy
production.
Requirements
shall
35
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also
include
submitting
a
plan
for
securing
funding
for
energy
1
improvement
plans,
documentation
of
local
business,
civic,
2
and
school
involvement,
and
a
summary
of
existing
or
proposed
3
ordinances
encouraging
or
supporting
energy
improvement
4
initiatives
and
activities.
5
The
bill
directs
the
department
to
identify
and
publicize
6
private,
state,
and
federal
grant
and
loan
programs
relating
to
7
energy
improvement,
energy
demand
reduction,
energy-efficient
8
building
construction
and
rehabilitation,
and
alternative
9
or
renewable
energy
production.
The
bill
also
directs
the
10
department
to
coordinate
with
energy
cities,
counties,
and
11
regions
to
facilitate
the
state’s
participation
in
the
federal
12
better
buildings
initiative,
and
to
conduct
an
annual
statewide
13
event
recognizing
and
showcasing
selected
energy
cities,
energy
14
counties,
and
energy
regions
which
meet
or
exceed
energy
15
improvement
criteria
established
by
the
center,
and
businesses,
16
groups,
schools,
or
individuals
nominated
for
recognition
by
17
such
cities,
counties,
or
regions.
18
The
bill
states
that
for
purposes
of
developing
or
19
implementing
an
energy
improvement
plan
or
a
plan
to
secure
20
financing,
one
or
more
cities
and
counties
may
enter
into
a
21
Code
chapter
28E
agreement
through
a
council
of
governments
to
22
collaborate
in
the
creation
of
an
energy
region.
23
The
bill
authorizes
a
city
council
or
county
board
of
24
supervisors
to
adopt
an
energy
improvement
plan
financing
25
ordinance
or
ordinances
as
a
component
of
an
energy
improvement
26
plan.
Prior
to
adoption
of
an
ordinance,
the
bill
directs
27
the
city
council
or
county
board
of
supervisors
to
submit
the
28
question
of
adoption
of
the
ordinance
to
an
energy
improvement
29
ordinance
evaluation
committee,
to
be
comprised
as
provided
in
30
the
bill,
and
to
conduct
a
public
hearing
at
which
interested
31
persons
may
inquire
about
or
object
to
the
proposed
ordinance.
32
The
bill
provides
that
an
energy
improvement
plan
financing
33
ordinance
may
authorize
the
issuance
of
bonds
by
the
city
34
or
county
to
assist
in
the
financing
of
energy
improvement
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436
projects,
and
for
the
repayment
of
bonds
or
other
financing
1
through
special
assessments,
provided
that
any
lien
involved
2
maintains
a
junior
position
with
respect
to
any
mortgage
or
3
other
lien
on
the
property.
The
bill
states
that
if
not
4
repaid
according
to
another
contract
or
agreement,
any
unpaid
5
assessments
shall
remain
with
the
property
following
sale
of
6
the
property.
The
bill
states
that
energy
improvement
projects
7
for
publicly
owned
buildings
shall
be
considered
an
essential
8
corporate
purpose
for
which
a
city
or
county
may
issue
bonds.
9
The
bill
states
that
if
an
ordinance
provides
for
the
repayment
10
of
bonds
or
other
financing
through
special
assessments,
11
the
department
shall
establish
procedures
and
requirements
12
regarding
the
adoption
of
a
resolution
of
intent,
application
13
forms,
packaging
assessments,
petitions
by
property
owners,
14
submission
of
resolutions
for
filing,
and
adoption
of
a
final
15
assessment
schedule.
16
The
bill
provides
that
an
ordinance
may
additionally
17
provide
for
the
repayment
of
financed
improvements
through
18
billings
for
energy
use
under
one
or
more
agreements
with
19
a
city,
investor-owned
utility,
municipal
utility,
rural
20
electric
cooperative,
or
other
energy
supplier.
The
bill
21
states
that
these
arrangements
shall
qualify
for
incorporation
22
into
applicable
energy
efficiency
plan
and
goal
requirements
23
established
in
Code
section
476.6,
subsections
14
and
16.
24
The
bill
additionally
provides
that
a
city,
county,
or
25
council
of
governments
may
enter
into
one
or
more
cooperative
26
agreements
with
financial
institutions
and
other
stakeholders
27
for
the
purpose
of
financing
energy
improvement
projects
and
28
providing
for
the
repayment
of
such
financing.
29
The
bill
requires
energy
cities,
counties,
and
regions
30
to
submit
information
to
the
department
on
an
annual
basis
31
regarding
the
results
of
the
program,
which
shall
be
available
32
on
the
department’s
internet
site.
33
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