Bill Text: IA SF2289 | 2023-2024 | 90th General Assembly | Enrolled
Bill Title: A bill for an act relating to economic development and energy shortages under the purview of the economic development authority and governor, and providing penalties. (Formerly SSB 3109.) Effective date: 07/01/2024.
Spectrum: Committee Bill
Status: (Passed) 2024-05-17 - Signed by Governor. S.J. 962. [SF2289 Detail]
Download: Iowa-2023-SF2289-Enrolled.html
Senate
File
2289
-
Enrolled
Senate
File
2289
AN
ACT
RELATING
TO
ECONOMIC
DEVELOPMENT
AND
ENERGY
SHORTAGES
UNDER
THE
PURVIEW
OF
THE
ECONOMIC
DEVELOPMENT
AUTHORITY
AND
GOVERNOR,
AND
PROVIDING
PENALTIES.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
DIVISION
I
ECONOMIC
DEVELOPMENT
PROGRAMS
Section
1.
Section
15.106B,
subsection
5,
paragraph
b,
Code
2024,
is
amended
by
striking
the
paragraph.
Sec.
2.
NEW
SECTION
.
15.106E
Application
or
award
——
prohibition.
1.
The
authority
may
prohibit
a
person
from
receiving
an
award
of
financial
assistance,
or
from
being
selected
as
a
vendor
to
provide
goods
or
services
to
the
authority
in
any
of
the
following
circumstances:
Senate
File
2289,
p.
2
a.
An
act
or
omission
by
the
person
seriously
affects
or
threatens
public
health,
public
safety,
or
the
environment.
b.
The
person
is
charged
with
or
convicted
of
a
crime
involving
dishonesty.
c.
An
act
or
omission
by
the
person
indicates
a
lack
of
integrity
or
honesty.
d.
The
person
violates
the
terms
of
an
agreement
or
transaction
that
detrimentally
impacts
the
integrity
of
a
program
administered
by
the
authority,
or
other
governmental
entity
as
defined
in
section
8A.101.
e.
A
compelling
cause
exists
that
is
relevant
to
and
affects
the
person’s
obligations
under
the
programs
administered
by
the
authority,
or
is
relevant
to
and
affects
the
provision
of
goods
and
services
to
the
authority
by
a
vendor.
2.
Upon
a
determination
by
the
authority,
a
person
shall
be
prohibited
from
receiving
an
award
of
financial
assistance,
or
from
being
selected
as
a
vendor
pursuant
to
subsection
1.
The
authority
shall
provide
written
notice
to
the
prohibited
person
stating
the
reason
for
the
prohibition.
The
authority
may
immediately
disqualify
a
prohibited
person
from
receiving
financial
assistance,
or
from
being
selected
as
a
vendor.
3.
A
prohibited
person
may
request
a
review
of
the
determination
made
by
the
authority
pursuant
to
subsection
2.
a.
The
request
to
review
the
determination
shall
be
made
within
thirty-five
calendar
days
of
the
date
the
authority
provided
written
notice
to
the
prohibited
person.
The
request
to
review
the
determination
must
be
in
writing
and
state
the
specific
reasons
or
legal
basis
for
review.
b.
Within
sixty
calendar
days
of
the
receipt
of
the
request
to
review,
the
authority
shall
approve,
deny,
or
modify
the
determination,
if
the
authority
finds
that
the
determination
is
based
on
a
clear
error
of
material
fact
or
law,
or
if
the
authority
finds
the
determination
was
arbitrary,
capricious,
or
an
abuse
of
discretion.
c.
The
authority
shall
issue
its
decision
in
writing
and
provide
written
notice
of
the
decision
to
the
prohibited
person.
d.
The
decision
of
the
authority
pursuant
to
this
subsection
shall
be
considered
final
agency
action.
A
petition
for
Senate
File
2289,
p.
3
judicial
review
of
the
decision
of
the
authority
shall
be
filed
pursuant
to
section
17A.19.
4.
The
authority
shall
adopt
rules
as
necessary
pursuant
to
chapter
17A
to
administer
this
section.
Sec.
3.
Section
15.108,
subsection
2,
Code
2024,
is
amended
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
following:
2.
Marketing.
To
aid
in
all
of
the
following:
a.
The
marketing
and
promotion
of
Iowa
products
and
services.
b.
The
promotion
and
development
of
the
agricultural
processing
industry
in
the
state.
Sec.
4.
Section
15.108,
subsection
3,
paragraph
a,
subparagraph
(5),
Code
2024,
is
amended
to
read
as
follows:
(5)
Encourage
cities,
counties,
local
and
regional
government
organizations,
and
local
and
regional
economic
development
organizations
to
develop
and
implement
comprehensive
community
and
economic
development
plans.
In
evaluating
financial
assistance
applications,
the
authority
shall
award
supplementary
credit
to
applications
submitted
by
cities,
counties,
local
and
regional
government
organizations,
and
local
and
regional
economic
development
organizations
that
have
developed
a
comprehensive
community
and
economic
development
plan.
Sec.
5.
Section
15.108,
subsection
4,
Code
2024,
is
amended
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
following:
4.
Exporting.
To
promote
and
aid
in
the
marketing
and
sale
of
Iowa
industrial
and
agricultural
products
and
services
outside
of
the
state.
To
carry
out
this
responsibility,
the
authority
shall:
a.
Perform
the
duties
and
activities
specified
for
the
agricultural
marketing
program
under
sections
15.201
and
15.202.
b.
Seek
assistance
and
advice
from
the
Iowa
district
export
council
which
advises
the
United
States
department
of
commerce.
Sec.
6.
Section
15.108,
subsection
5,
paragraph
d,
Code
2024,
is
amended
to
read
as
follows:
d.
Coordinate
with
other
divisions
of
the
authority
to
add
Senate
File
2289,
p.
4
Promote
the
contributions
of
Iowa’s
recreation,
tourism,
and
leisure
resources
to
the
agricultural
and
other
images
which
characterize
the
state
on
a
national
level.
Sec.
7.
Section
15.108,
subsection
5,
paragraph
o,
Code
2024,
is
amended
by
striking
the
paragraph.
Sec.
8.
Section
15.108,
subsection
6,
paragraph
c,
Code
2024,
is
amended
by
striking
the
paragraph
and
inserting
in
lieu
thereof
the
following:
c.
Provide
aid
for
the
development
and
implementation
of
the
Iowa
targeted
small
business
procurement
Act
established
in
sections
73.15
through
73.22.
Sec.
9.
Section
15.108,
subsection
6,
paragraphs
f
and
g,
Code
2024,
are
amended
by
striking
the
paragraphs.
Sec.
10.
Section
15.108,
subsection
7,
Code
2024,
is
amended
by
striking
the
subsection.
Sec.
11.
Section
15.108,
subsection
10,
paragraph
b,
subparagraph
(3),
Code
2024,
is
amended
to
read
as
follows:
(3)
Establish
programs
which
assist
communities
or
local
entities
in
developing
housing
to
meet
a
range
of
community
needs,
including
programs
to
assist
homeless
shelter
operations
and
programs
to
assist
in
the
development
of
housing
to
enhance
economic
development
opportunities
in
the
community.
Sec.
12.
Section
15.371,
subsection
5,
paragraph
e,
Code
2024,
is
amended
to
read
as
follows:
e.
Employ
a
minimum
of
three
full-time
employees
and
no
more
than
seventy-five
one
hundred
twenty-five
full-time
employees
across
all
of
the
manufacturer’s
locations.
Sec.
13.
NEW
SECTION
.
73.22
Reports.
1.
By
December
1
of
each
calendar
year,
the
department
of
administrative
services
shall
provide
a
written
summary
to
the
economic
development
authority
of
all
activities
undertaken
by
the
department
of
administrative
services
to
maximize
the
purposes
of
this
subchapter
during
the
immediately
preceding
fiscal
year.
2.
By
December
1
of
each
calendar
year,
the
economic
development
authority
shall
compile
a
list
of
the
procurement
goals
established
pursuant
to
section
73.16,
subsection
2,
for
the
prior
fiscal
year,
and
the
performance
of
each
agency
or
department
of
state
government
having
purchasing
authority
in
Senate
File
2289,
p.
5
meeting
the
goals.
The
compilation
shall
be
based
upon
the
reports
required
to
be
filed
under
section
73.16,
subsection
2.
3.
By
January
15
of
each
calendar
year,
the
economic
development
authority
shall
submit
to
the
governor
and
the
general
assembly
a
summary
of
all
reports
required
under
this
section.
4.
The
director
of
the
economic
development
authority,
in
cooperation
with
the
department
of
administrative
services
and
other
state
agencies
shall
do
all
of
the
following:
a.
Publicize
the
targeted
small
business
procurement
goal
program
to
targeted
small
businesses
and
to
agencies
of
state
government.
b.
Identify
targeted
small
businesses
able
to
perform
contracts
under
the
program.
c.
Encourage
targeted
small
businesses
to
participate
in
the
program.
Sec.
14.
REPEAL.
Sections
15.246,
15.271,
and
15.272,
Code
2024,
are
repealed.
DIVISION
II
ENERGY
SHORTAGES
Sec.
15.
Section
12.28,
subsection
6,
Code
2024,
is
amended
to
read
as
follows:
6.
The
maximum
principal
amount
of
financing
agreements
which
the
treasurer
of
state
can
enter
into
shall
be
one
million
dollars
per
state
agency
in
a
fiscal
year,
subject
to
the
requirements
of
section
8.46
.
For
the
fiscal
year,
the
treasurer
of
state
shall
not
enter
into
more
than
one
million
dollars
of
financing
agreements
per
state
agency,
not
considering
interest
expense.
However,
the
treasurer
of
state
may
enter
into
financing
agreements
in
excess
of
the
one
million
dollar
per
agency
per
fiscal
year
limit
if
a
constitutional
majority
of
each
house
of
the
general
assembly,
or
the
legislative
council
if
the
general
assembly
is
not
in
session,
and
the
governor,
authorize
the
treasurer
of
state
to
enter
into
additional
financing
agreements
above
the
one
million
dollar
authorization
contained
in
this
section
.
The
treasurer
of
state
shall
not
enter
into
a
financing
agreement
for
real
or
personal
property
which
is
to
be
constructed
for
use
as
a
prison
or
prison-related
facility
without
prior
Senate
File
2289,
p.
6
authorization
by
a
constitutional
majority
of
each
house
of
the
general
assembly
and
approval
by
the
governor
of
the
use,
location,
and
maximum
cost,
not
including
interest
expense,
of
the
real
or
personal
property
to
be
financed.
However,
financing
agreements
for
an
energy
conservation
measure,
as
defined
in
section
7D.34
,
for
an
energy
management
improvement,
as
defined
in
section
473.19
,
or
for
costs
associated
with
projects
under
section
473.13A
,
are
exempt
from
the
provisions
of
this
subsection
,
but
are
subject
to
the
requirements
of
section
7D.34
.
In
addition,
financing
agreements
funded
through
the
materials
and
equipment
revolving
fund
established
in
section
307.47
are
exempt
from
the
provisions
of
this
subsection
.
Sec.
16.
Section
279.53,
Code
2024,
is
amended
to
read
as
follows:
279.53
Loan
proceeds.
The
proceeds
of
loans
issued
to
school
districts
pursuant
to
section
279.48
,
or
279.52
,
or
473.20
shall
be
deposited
into
either
the
general
fund
of
a
school
district
or
the
physical
plant
and
equipment
levy
fund.
The
board
of
directors
shall
expend
the
amount
of
the
principal
and
interest
due
each
year
to
maturity
from
the
same
fund
into
which
the
loan
proceeds
were
deposited.
Sec.
17.
Section
298.3,
subsection
1,
paragraph
g,
Code
2024,
is
amended
to
read
as
follows:
g.
Expenditures
for
energy
conservation
,
including
payments
made
pursuant
to
a
guarantee
furnished
by
a
school
district
entering
into
a
financing
agreement
for
energy
management
improvements,
limited
to
agreements
pursuant
to
section
473.19
,
473.20
,
or
473.20A
.
Sec.
18.
Section
473.3,
subsection
2,
Code
2024,
is
amended
by
striking
the
subsection.
Sec.
19.
NEW
SECTION
.
473.4
Duties
of
the
authority.
The
authority
shall
do
the
following:
1.
Periodically
update
the
Iowa
energy
plan
that
identifies
objectives
and
strategies
for
developing
the
energy
sector
in
the
state.
2.
Administer
and
coordinate
federal
funds
received
for
energy
conservation,
energy
management,
and
alternative
and
Senate
File
2289,
p.
7
renewable
energy
programs.
3.
Apply
for,
receive,
administer,
and
use
federal
or
other
funds
available
for
achieving
the
purposes
of
this
chapter.
4.
Promulgate
rules
necessary
to
carry
out
the
provisions
of
this
chapter,
subject
to
review
in
accordance
with
chapter
17A.
Rules
promulgated
by
the
governor
pursuant
to
a
proclamation
issued
under
section
473.8
shall
not
be
subject
to
review
or
a
public
hearing
as
required
in
chapter
17A;
however,
authority
rules
for
implementation
of
the
governor’s
proclamation
are
subject
to
the
requirements
of
chapter
17A.
Sec.
20.
NEW
SECTION
.
473.5
Energy
security
plan.
1.
The
governor
or
the
governor’s
designee
shall
maintain
an
energy
security
plan.
2.
The
energy
security
plan
shall
include
but
is
not
limited
to
the
following:
a.
A
description
of
the
circumstances
that
indicate
an
actual
or
imminent
acute
shortage
of
usable
energy,
including
liquid
fossil
fuels.
b.
Any
action
to
be
taken
by
the
authority
or
relevant
agencies
in
response
to
an
executive
order
by
the
governor
under
section
473.8.
Sec.
21.
Section
473.8,
subsection
1,
Code
2024,
is
amended
to
read
as
follows:
1.
If
the
authority
by
resolution
determines
director
makes
a
determination
the
health,
safety,
or
welfare
of
the
people
of
this
state
is
threatened
by
an
actual
or
impending
acute
shortage
of
usable
energy,
it
shall
transmit
the
resolution
the
director
shall
provide
the
determination
to
the
governor
together
with
its
recommendation
the
director’s
recommendations
on
the
declaration
of
an
emergency
by
the
governor
and
recommended
actions,
if
any,
to
be
undertaken.
Within
thirty
days
of
the
date
of
the
resolution
determination
by
the
director
,
the
governor
may
issue
a
proclamation
of
emergency
which
shall
be
filed
with
the
secretary
of
state.
The
proclamation
shall
state
the
facts
relied
upon
and
the
reasons
for
the
proclamation.
Sec.
22.
Section
473.8,
subsection
2,
paragraph
a,
subparagraph
(6),
Code
2024,
is
amended
to
read
as
follows:
(6)
Accept
the
delegation
of
the
authority
for
other
Senate
File
2289,
p.
8
mandatory
measures
as
allowed
by
under
the
federal
Emergency
Energy
Conservation
Act
of
1979,
Pub.
L.
No.
96-102
,
as
amended
.
Sec.
23.
Section
473.10,
Code
2024,
is
amended
to
read
as
follows:
473.10
Reserve
required.
1.
If
the
authority
director
or
the
governor
finds
that
an
impending
or
actual
shortage
or
distribution
imbalance
of
liquid
fossil
fuels
may
cause
hardship
or
pose
a
threat
to
the
health
and
economic
well-being
of
the
people
of
the
state
or
a
significant
segment
of
the
state’s
population,
the
authority
or
the
governor
may
authorize
the
director
to
operate
a
liquid
fossil
fuel
set-aside
program
as
provided
in
subsection
2
.
2.
Upon
authorization
by
the
authority
or
the
governor
the
director
may
require
a
prime
supplier
to
reserve
a
specified
fraction
of
the
prime
supplier’s
projected
total
monthly
release
of
liquid
fossil
fuel
in
Iowa.
The
director
may
release
any
or
all
of
the
fuel
required
to
be
reserved
by
a
prime
supplier
to
end-users
or
to
distributors
for
release
through
normal
retail
distribution
channels
to
retail
customers.
However,
the
specified
fraction
required
to
be
reserved
shall
not
exceed
three
percent
for
propane,
aviation
fuel
and
residual
oil,
and
five
percent
for
motor
gasoline,
heating
oil,
and
diesel
oil.
3.
The
authority
director
shall
periodically
review
and
may
terminate
the
operation
of
a
set-aside
program
authorized
by
the
authority
director
under
subsection
1
when
the
authority
director
finds
that
the
conditions
that
prompted
the
authorization
no
longer
exist.
The
governor
shall
periodically
review
and
may
terminate
the
operation
of
a
set-aside
program
authorized
by
the
governor
under
subsection
1
when
the
governor
finds
that
the
conditions
that
prompted
the
authorization
no
longer
exist.
4.
The
authority
shall
adopt
rules
to
implement
this
section
.
Sec.
24.
REPEAL.
Sections
473.7,
473.13A,
473.15,
473.19,
473.19A,
473.20,
473.20A,
and
473.41,
Code
2024,
are
repealed.
Sec.
25.
TRANSFER
OF
MONEYS.
On
the
effective
date
of
this
division
of
this
Act,
any
moneys
remaining
in
the
building
Senate
File
2289,
p.
9
energy
management
fund
in
section
473.19A,
Code
2024,
shall
be
transferred
to
the
general
fund
of
the
state.
______________________________
AMY
SINCLAIR
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
2289,
Ninetieth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2024
______________________________
KIM
REYNOLDS
Governor
