Bill Text: IA HF2391 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act concerning the utilization of energy by authorizing the establishment of an energy finance program to finance certain energy improvements, and providing civil penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-27 - Subcommittee, Cownie, Kressig, and Soderberg. H.J. 369. [HF2391 Detail]
Download: Iowa-2013-HF2391-Introduced.html
House
File
2391
-
Introduced
HOUSE
FILE
2391
BY
KAJTAZOVIC
A
BILL
FOR
An
Act
concerning
the
utilization
of
energy
by
authorizing
1
the
establishment
of
an
energy
finance
program
to
finance
2
certain
energy
improvements,
and
providing
civil
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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6036YH
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rn/sc
H.F.
2391
Section
1.
Section
331.441,
subsection
2,
paragraph
b,
Code
1
2014,
is
amended
by
adding
the
following
new
subparagraph:
2
NEW
SUBPARAGRAPH
.
(20)
The
establishment
or
funding
of
3
an
energy
finance
program
to
finance
energy
improvements
in
a
4
county
pursuant
to
chapter
385.
5
Sec.
2.
Section
384.24,
subsection
3,
Code
2014,
is
amended
6
by
adding
the
following
new
paragraph:
7
NEW
PARAGRAPH
.
y.
The
establishment
or
funding
of
an
energy
8
finance
program
to
finance
energy
improvements
within
a
city
9
pursuant
to
chapter
385.
10
Sec.
3.
NEW
SECTION
.
385.1
Legislative
findings
——
purpose.
11
The
general
assembly
finds
all
of
the
following:
12
1.
Renewable
energy
production
and
energy
efficiency
13
improvements
to
residential,
commercial,
and
industrial
real
14
property,
are
necessary
to
address
the
issue
of
energy
bill
15
stabilization.
16
2.
The
initial
investment
required
to
make
residential,
17
commercial,
or
industrial
real
property
more
energy-efficient
18
or
to
utilize
renewable
energy
prevents
many
property
owners
19
from
making
such
improvements.
To
make
energy
improvements
20
more
affordable
and
to
promote
their
installation,
it
is
21
necessary
to
authorize
an
alternative
procedure
for
owners
of
a
22
residence
or
business
to
finance
such
improvements.
23
3.
The
general
assembly
declares
that
a
public
purpose
24
shall
be
served
by
authorizing
cities
and
counties
to
establish
25
energy
finance
programs
and
authorizing
the
governing
body
26
of
any
city
or
county
to
assist
property
owners
in
financing
27
the
installation
of
renewable
energy
improvements
and
energy
28
efficiency
improvements
by
offering
financial
terms
that
are
29
beneficial
to
the
property
owner.
30
Sec.
4.
NEW
SECTION
.
385.2
Definitions.
31
As
used
in
this
chapter,
unless
the
context
otherwise
32
requires:
33
1.
“Authority”
means
the
economic
development
authority
34
created
in
section
15.105.
35
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2.
“Energy
analysis”
means
a
written
report
summarizing
the
1
results
of
a
physical
inspection
of
a
residential,
commercial,
2
or
industrial
building
conducted
by
a
public
utility
or
other
3
agency
or
entity
approved
by
the
authority.
The
report
shall
4
document
deficiencies
in
energy
efficiency
operation
and
5
recommend
specified
energy
improvements.
6
3.
“Energy
improvement”
means
the
installation
of
one
7
or
more
appliances
or
heating
and
cooling
systems,
physical
8
alteration
to
a
building,
or
installation
of
a
renewable
energy
9
production
facility
that
has
been
identified
in
an
energy
10
analysis
as
improving
the
energy-efficient
operation
of
a
11
building
or
as
decreasing
the
amount
of
energy
consumed
by
that
12
building,
or
both.
13
Sec.
5.
NEW
SECTION
.
385.3
Energy
finance
program
14
established.
15
1.
A
city
or
county
may
adopt
an
ordinance
establishing
an
16
energy
finance
program
in
order
to
allow
the
city
or
county
17
to
offer
to
assess
to
residential,
commercial,
or
industrial
18
property
within
the
city
or
county
the
cost
of
purchasing
or
19
installing
energy
improvements.
The
authority
shall
advise
20
cities
and
counties
in
administering
the
program.
21
2.
An
energy
finance
program
shall
be
limited
to
energy
22
improvements
that
will
be
permanently
affixed
to
real
property
23
that
has
already
been
developed
or
upon
which
buildings
have
24
already
been
constructed.
Property
owners
participating
in
the
25
program
may
receive
funding
for
the
improvements
in
advance
26
of
installation,
or
as
a
reimbursement
of
amounts
expended
by
27
the
property
owner
for
completed
installations.
However,
the
28
amount
advanced
or
reimbursed
shall
not
exceed
the
total
amount
29
identified
in
the
petition
submitted
by
the
property
owner
30
pursuant
to
section
385.6.
31
3.
Petitions
for
participation
in
an
energy
finance
program
32
adopted
by
a
city
or
county
may
be
submitted,
considered,
33
and
approved
or
denied
either
individually
or
aggregated
by
34
neighborhood,
district,
region,
or
other
basis.
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Sec.
6.
NEW
SECTION
.
385.4
Resolution
of
intent.
1
1.
The
governing
body
of
a
city
or
county
may
not
consider
2
an
ordinance
establishing
an
energy
finance
program
until
3
after
the
governing
body
has
adopted
a
resolution
of
intent
4
indicating
or
including
the
following:
5
a.
That
the
city
or
county
considers
it
in
the
public
6
interest
to
finance
the
installation
of
energy
improvements.
7
b.
That
the
city
or
county
proposes
to
make
special
8
assessment
financing
or
other
financing
available
to
property
9
owners
seeking
to
install
or
make
energy
improvements.
10
c.
A
nonexclusive
list
of
examples
of
energy
improvements
11
which
may
be
included
in
the
proposed
ordinance
and
financed
12
pursuant
to
the
program.
13
d.
A
brief
description
of
the
proposed
arrangements
for
14
financing
the
program.
15
2.
The
city
or
county
shall
hold
a
public
hearing
on
the
16
resolution
at
which
interested
persons
may
inquire
about
or
17
object
to
the
proposed
program.
Notice
of
the
hearing
shall
18
be
published
as
provided
in
section
331.305
or
362.3,
as
19
applicable.
20
Sec.
7.
NEW
SECTION
.
385.5
Program
requirements
——
21
ordinance.
22
1.
An
ordinance
establishing
an
energy
finance
program
23
shall
include
the
following
regarding
implementation
of
the
24
program:
25
a.
A
schedule
for
packaging
assessments
for
program
finance
26
purposes
and
city
council
or
board
of
supervisors
approval.
27
b.
A
method
for
prioritizing
approved
applications
in
the
28
event
the
number
of
applications
received
for
a
year
exceeds
29
program
funds.
30
c.
Energy
analysis
requirements.
31
2.
After
adoption
of
an
ordinance
establishing
an
energy
32
finance
program,
a
plan
for
raising
a
capital
amount
required
33
to
pay
for
work
performed
pursuant
to
contractual
assessments
34
shall
be
established
by
a
city
or
county.
A
city
or
county
35
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shall
be
authorized
to
advance
funds
available
to
it
from
any
1
source,
including
the
sale
of
bonds
as
provided
in
section
2
385.11
and
in
section
331.441
or
384.24,
as
applicable.
The
3
plan
shall
specify
the
source
of
financing
contemplated
by
the
4
city
or
county.
The
plan
shall
also
provide
for
a
reserve
5
fund
and
for
apportionment
of
all
or
any
portion
of
the
costs
6
incidental
to
financing,
administration,
and
collection
of
the
7
special
assessments
between
or
among
property
owners
and
the
8
city
or
county.
9
3.
The
ordinance
establishing
an
energy
finance
program
10
shall
provide
for
the
establishment
of
an
energy
finance
11
program
fund
into
which
bond
proceeds
and
other
funds
to
be
12
utilized
in
administering
the
program
shall
be
deposited.
13
4.
If
a
county
has
adopted
a
countywide
ordinance,
a
city
14
cannot
adopt
an
ordinance
establishing
an
energy
finance
15
program
applicable
to
that
portion
of
the
city
located
16
within
the
county.
If
a
county
has
not
adopted
a
countywide
17
ordinance,
a
city
adopting
an
ordinance
may
include
an
area
18
extending
up
to
two
miles
distance
from
the
city’s
boundaries.
19
Sec.
8.
NEW
SECTION
.
385.6
Petition
by
property
owners.
20
1.
The
authority
shall
develop
and
make
available
to
a
21
city
or
county
that
has
established
an
energy
finance
program
22
petitions
for
distribution
to
prospective
program
participants.
23
2.
Program
participation
shall
be
initiated
solely
by
24
petition
of
the
property
owner,
or
by
a
representative
of
25
several
related
or
adjoining
lots
or
parcels
who
has
obtained
26
written
permission
and
a
copy
of
an
energy
analysis
from
each
27
owner.
If
a
property
is
in
the
name
of
more
than
one
owner,
the
28
petition
shall
be
signed
by
each
owner.
29
3.
The
petition
shall
state
that
a
copy
of
a
completed
30
energy
analysis
shall
be
required
for
participation
in
the
31
program
and
must
be
attached
to
the
petition.
The
petition
32
shall
contain
space
for
the
printed
name,
signature,
and
33
address
of
the
petitioner.
For
each
petitioner,
the
petition
34
shall
contain
space
for
identification
of
energy
improvements
35
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identified
in
the
energy
analysis
for
which
energy
finance
1
program
financing
is
sought,
a
cost
estimate
for
each
2
improvement
so
identified,
and
a
proposed
time
frame
within
3
which
the
improvements
shall
be
undertaken
and
completed.
4
4.
Within
thirty
days
following
submission
of
a
petition
5
and
accompanying
energy
analysis,
a
petitioner
shall
receive
6
notification
from
the
city
or
county
of
approval
pending
7
adoption
of
a
resolution
pursuant
to
section
385.7
by
the
city
8
council
or
county
board
of
supervisors,
or
of
denial
of
the
9
petition.
Following
adoption
of
a
resolution,
an
approved
10
petitioner
shall
receive
notification
from
the
city
or
county
11
regarding
funding
amounts,
authorization
to
purchase
directly
12
any
equipment
and
materials
for
the
installation
of
energy
13
improvements
and
to
contract
directly
for
such
installation,
14
and
verification
requirements
regarding
completion
of
15
improvements.
16
5.
Special
assessments
for
energy
improvements
shall
be
17
levied
only
upon
the
free
and
willing
consent
of
the
owner
of
18
each
lot
or
parcel
on
which
an
assessment
is
levied
at
the
time
19
of
levy.
20
Sec.
9.
NEW
SECTION
.
385.7
Resolution
and
filing.
21
1.
Approved
petitions,
whether
submitted
on
an
individual
22
or
aggregate
basis,
shall
be
grouped
either
by
date
of
approval
23
or
property
location,
identified
by
legal
description,
and
24
submitted
to
a
city
council
or
county
board
of
supervisors
in
25
the
form
of
a
resolution
for
approval
by
majority
vote.
26
2.
An
adopted
resolution
shall
be
forwarded
to
the
city
27
clerk,
or
the
county
auditor
in
the
case
of
a
county,
along
28
with
a
schedule
including
a
description
and
parcel
number
of
29
each
lot,
the
name
of
the
property
owner,
and
the
total
amount
30
to
be
assessed
to
each
lot.
In
counties
in
which
taxes
are
31
collected
in
two
or
more
places,
certification
shall
be
to
the
32
office
of
county
treasurer
where
the
special
assessments
are
33
collected.
The
county
treasurer
shall
preserve
the
resolution
34
and
schedule
as
a
part
of
the
records
of
the
office
until
the
35
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city
clerk
or
county
auditor
certifies
the
final
assessment
1
schedule
as
provided
in
section
385.8
or
certifies
that
the
2
petition
has
been
abandoned.
3
Sec.
10.
NEW
SECTION
.
385.8
Adoption
of
schedule.
4
1.
Within
ten
days
after
filing
of
the
resolution
and
5
schedule
pursuant
to
section
385.7,
a
city
council
or
county
6
board
of
supervisors
shall
meet,
consider,
and
adopt
or
amend
7
and
adopt,
by
resolution,
a
final
assessment
schedule.
The
8
resolution
must:
9
a.
Confirm
and
levy
assessments.
10
b.
State
the
number
of
annual
installments,
not
exceeding
11
fifteen,
into
which
assessments
of
more
than
five
hundred
12
dollars
are
divided.
13
c.
Provide
for
interest
on
all
unpaid
installments
at
a
rate
14
not
exceeding
that
permitted
by
chapter
74A.
15
d.
State
the
time
when
assessments
are
payable.
16
e.
Direct
the
city
clerk
or
county
auditor,
as
appropriate,
17
to
certify
the
final
schedule
to
the
treasurer
of
each
county
18
in
which
the
assessed
property
is
located.
19
2.
The
city
clerk
or
county
auditor
shall
send
written
20
notice
by
regular
mail
to
each
property
owner
whose
petition
21
has
been
approved
and
whose
property
has
been
included
on
the
22
schedule.
The
notice
shall
contain
all
the
information
and
23
statements
required
to
be
included
in
notices
under
section
24
384.60,
subsection
2.
25
3.
The
county
treasurer
shall
enter
on
the
county
system
the
26
amounts
to
be
assessed
against
each
lot,
as
certified.
27
Sec.
11.
NEW
SECTION
.
385.9
Installments
due
——
lien
28
created.
29
1.
Special
assessments
levied
by
a
city
or
county
pursuant
30
to
this
chapter
shall
be
levied
and
collected
in
the
same
31
manner
as
provided
in
section
384.65
for
public
improvement
32
special
assessments
levied
by
a
city.
33
2.
From
the
date
of
filing
of
certification
of
the
34
resolution
and
schedule
pursuant
to
section
385.7,
the
special
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assessments
with
all
interest
become
and
remain
a
lien
on
the
1
benefited
property
until
paid,
and
have
equal
precedence
with
2
ordinary
taxes,
and
are
not
divested
by
any
judicial
sale.
3
Sec.
12.
NEW
SECTION
.
385.10
Payment
to
county
treasurer.
4
Assessments
levied
and
certified
under
this
chapter,
5
including
installments
and
interest,
are
payable
at
the
office
6
of
the
county
treasurer
of
the
county
where
the
property
7
assessed
is
located,
except
that
assessments
may
be
paid
8
in
full
or
in
part
and
without
interest
within
thirty
days
9
after
the
date
of
certification,
at
the
office
of
the
county
10
treasurer,
if
the
property
being
assessed
is
located
in
an
11
unincorporated
area,
or
the
city
clerk,
if
the
property
being
12
assessed
is
located
in
an
incorporated
area.
13
Sec.
13.
NEW
SECTION
.
385.11
Bonds
issued.
14
1.
After
certification
of
the
final
assessment
schedule,
a
15
city
or
county
may,
by
resolution,
authorize
and
issue
bonds
in
16
anticipation
of
the
collection
of
unpaid
special
assessments.
17
However,
the
total
principal
amount
of
bonds
issued
may
not
18
exceed
the
total
amount
of
unpaid
special
assessments.
19
2.
All
special
assessment
bonds
are
negotiable,
must
state
20
on
their
face
that
they
are
issued
under
the
provisions
of
this
21
chapter,
and
are
payable
as
to
both
principal
and
interest
from
22
the
proceeds
of
the
special
assessments.
Such
bonds
may
bear
23
interest
at
a
rate
not
exceeding
that
permitted
by
chapter
24
74A
payable
annually
or
semiannually,
must
mature
serially
25
on
December
1
of
the
years
in
which
any
of
the
principal
is
26
scheduled
to
become
due,
and
may
contain
a
provision
that
the
27
city
or
county
reserves
the
right
and
option
of
calling
and
28
redeeming
any
or
all
of
the
bonds
prior
to
maturity
on
any
29
interest
payment
date
or
within
forty-five
days
thereafter
30
upon
the
terms
specified
therein.
Such
bonds
must
be
called
31
“improvement
bonds”,
must
designate
the
general
type
of
32
improvement
or
improvements
for
which
issued,
and
may
be
issued
33
in
any
denomination.
The
bonds
must
be
named
in
a
way
to
34
distinguish
them
from
other
improvement
bonds
of
the
city
or
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county,
and
to
designate
the
property
specially
assessed
for
1
the
improvement.
Improvement
bonds
issued
for
any
one
levy
2
must
bear
the
same
date
and
be
divided
into
as
many
series
as
3
there
are
years
in
which
installments
of
the
special
assessment
4
mature,
and
each
series
must
be
as
nearly
equal
in
amount
as
5
practicable.
6
3.
The
proceeds
of
the
special
assessments
and
interest
7
collected
thereon
must
be
used
and
applied
by
the
city
or
8
county
to
the
payment
of
the
interest
on
the
bonds
and
to
9
the
retirement
of
the
principal
as
rapidly
as
proceeds
are
10
collected.
Such
bonds
and
coupons
do
not
make
the
city
or
11
county
liable
in
any
way,
except
for
the
proper
application
of
12
special
assessments.
If
interest
becomes
due
on
any
of
the
13
bonds
when
there
is
no
fund
from
which
to
pay
it,
the
council
14
or
board
of
supervisors
may
make
a
temporary
loan
for
payment
15
of
the
interest,
which
loan
must
be
repaid
from
the
special
16
assessments
and
interest
pledged
to
secure
the
bonds,
but
in
17
case
of
purchase
by
the
city
or
county
at
tax
sale
of
the
18
property
on
which
a
special
assessment
under
this
chapter
is
19
levied,
from
the
general
fund.
20
4.
Special
assessment
bonds
issued
under
this
section
21
must
be
sold
at
public
or
private
sale
in
the
manner
provided
22
by
chapter
75,
and
may
not
be
sold
for
less
than
par
value
23
with
accrued
interest
from
date
to
the
time
of
delivery.
The
24
proceeds
of
the
sale
must
be
applied
to
the
payment
of
the
25
cost
of
financing
the
energy
improvements
approved
under
this
26
chapter.
27
5.
Any
excess
of
proceeds
from
special
assessments
28
remaining
after
all
of
the
bonds
have
been
paid
with
interest
29
may
be
credited
to
the
energy
finance
program
fund
established
30
pursuant
to
ordinance
or
returned
to
the
applicable
property
31
owners
on
a
proportionate
basis.
32
6.
Cities
or
counties
may
issue
refunding
bonds
to
pay
off
33
and
take
up
special
assessment
bonds
issued
pursuant
to
this
34
chapter,
or
to
refund
any
part
thereof,
as
follows:
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a.
Refunding
bonds
must
substantially
conform
to
the
1
provisions
of
this
chapter,
and
the
face
value
is
limited
to
2
the
amount
of
the
unpaid
special
assessments
with
the
interest
3
thereon
of
the
particular
issue
of
bonds
to
be
refunded.
4
b.
Refunding
bonds
or
their
proceeds
may
be
used
only
to
pay
5
improvement
bonds
taken
up.
6
c.
The
expense
of
refunding
bonds
must
be
paid
out
of
the
7
energy
finance
program
fund
of
the
city
or
county.
8
d.
When
refunding
bonds
are
issued
to
pay
improvement
9
bonds,
all
special
assessments
and
sinking
funds
applicable
to
10
the
payment
of
the
improvement
bonds
previously
issued
must
11
be
applied
in
the
same
manner
and
to
the
same
extent
to
the
12
payment
of
the
refunding
bonds,
and
all
the
powers
and
duties
13
to
levy
and
to
carry
special
assessments
and
taxes,
to
create
14
liens
upon
property,
and
to
establish
sinking
funds
in
respect
15
to
the
bonds
previously
issued
continue
until
refunding
bonds
16
are
paid.
17
e.
The
city
or
county
shall
collect
the
special
assessment
18
out
of
which
the
refunding
bonds
are
payable
and
hold
the
19
proceeds
in
trust
for
the
payment
of
the
refunding
bonds,
but
20
it
is
not
liable
except
for
the
proper
application
of
the
21
assessments.
22
7.
No
action
shall
be
brought
questioning
the
legality
23
of
the
bonds
authorized
by
this
section
from
and
after
sixty
24
days
from
the
date
the
bonds
are
ordered
issued
by
the
city
or
25
county.
26
Sec.
14.
NEW
SECTION
.
385.12
Verification
——
penalty.
27
1.
The
authority
shall
determine
an
inspection
procedure
to
28
be
utilized
by
a
city
or
county
upon
completion
of
an
energy
29
improvement
financed
pursuant
to
the
energy
finance
program.
30
2.
The
city
council
or
board
of
supervisors
may
impose
a
31
civil
penalty
against
a
property
owner
for
failure
to
complete
32
an
energy
improvement
for
which
a
petition
was
submitted
by
the
33
property
owner
and
approved
and
financing
was
received.
The
34
penalty
may
be
in
an
amount
up
to
but
not
exceeding
the
amount
35
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of
financing
received.
1
Sec.
15.
NEW
SECTION
.
385.13
Report.
2
The
results
of
the
program
including
but
not
limited
to
the
3
number
of
petitions
received,
the
number
of
petitions
approved,
4
types
of
energy
improvements
for
which
special
assessments
5
are
sought,
and
average
special
assessment
size,
shall
be
6
submitted
by
a
city
or
county
participating
in
the
program
to
7
the
authority
by
December
1
annually.
The
authority
shall
make
8
available
on
its
internet
site
all
information
received
under
9
this
subsection.
10
Sec.
16.
Section
403.19,
subsection
2,
paragraph
a,
Code
11
2014,
is
amended
to
read
as
follows:
12
a.
That
portion
of
the
taxes
each
year
in
excess
of
such
13
amount
shall
be
allocated
to
and
when
collected
be
paid
into
a
14
special
fund
of
the
municipality
to
pay
the
principal
of
and
15
interest
on
loans,
moneys
advanced
to,
or
indebtedness,
whether
16
funded,
refunded,
assumed,
or
otherwise,
including
bonds
17
issued
under
the
authority
of
section
403.9,
subsection
1
,
18
incurred
by
the
municipality
to
finance
or
refinance,
in
whole
19
or
in
part,
an
urban
renewal
project
within
the
area,
and
to
20
provide
assistance
for
low
and
moderate
income
family
housing
21
as
provided
in
section
403.22
,
and
to
provide
funding
for
an
22
energy
finance
program
adopted
pursuant
to
chapter
385
with
23
regard
to
property
within
the
urban
renewal
area
.
However,
24
except
as
provided
in
paragraph
“b”
,
taxes
for
the
regular
and
25
voter-approved
physical
plant
and
equipment
levy
of
a
school
26
district
imposed
pursuant
to
section
298.2
and
taxes
for
the
27
instructional
support
program
of
a
school
district
imposed
28
pursuant
to
section
257.19
,
taxes
for
the
payment
of
bonds
29
and
interest
of
each
taxing
district,
and
taxes
imposed
under
30
section
346.27,
subsection
22
,
related
to
joint
county-city
31
buildings
shall
be
collected
against
all
taxable
property
32
within
the
taxing
district
without
limitation
by
the
provisions
33
of
this
subsection
.
34
EXPLANATION
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The
inclusion
of
this
explanation
does
not
constitute
agreement
with
1
the
explanation’s
substance
by
the
members
of
the
general
assembly.
2
This
bill
authorizes
cities
and
counties
to
establish
an
3
energy
finance
program
to
finance
energy
improvements
for
the
4
benefit
of
property
owners
within
the
city
or
county.
5
The
bill
defines
an
“energy
improvement”
as
the
installation
6
of
one
or
more
appliances
or
heating
and
cooling
systems,
7
physical
alteration
to
a
building,
or
installation
of
a
8
renewable
energy
production
facility
which
has
been
identified
9
in
an
energy
analysis
as
improving
the
energy-efficient
10
operation
of
a
building
or
as
decreasing
the
amount
of
energy
11
consumed
by
that
building,
or
both.
The
bill
defines
an
12
“energy
analysis”
as
a
written
report
summarizing
the
results
13
of
a
physical
inspection
of
a
residential,
commercial,
or
14
industrial
building
conducted
by
a
public
utility
or
other
15
agency
or
entity
approved
by
the
economic
development
authority
16
documenting
deficiencies
in
energy
efficiency
operation
and
17
recommending
specified
energy
improvements.
18
Pursuant
to
the
program,
a
city
or
county
may
offer
to
19
assess
to
residential,
commercial,
or
industrial
property
20
within
the
city
or
county
the
cost
of
purchasing
or
installing
21
energy
improvements.
The
economic
development
authority
22
shall
serve
in
an
advisory
capacity.
The
bill
states
that
23
the
program
shall
be
limited
to
energy
improvements
that
will
24
be
permanently
affixed
to
real
property
which
has
already
25
been
developed
or
upon
which
buildings
have
already
been
26
constructed,
and
that
property
owners
participating
in
the
27
program
may
receive
advance
funding
for
the
improvements
or
28
reimbursement
after
the
fact.
29
The
bill
provides
that
the
governing
body
of
a
city
or
county
30
initiates
participation
in
the
program
by
adopting
a
resolution
31
of
intent
indicating
that
it
is
in
the
public
interest
to
32
finance
the
installation
of
energy
improvements,
that
special
33
assessment
financing
or
other
financing
shall
be
available
to
34
property
owners,
examples
of
energy
improvements
which
may
be
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financed
and
a
brief
description
of
financing
arrangements.
1
The
bill
provides
for
notice
regarding
the
time
and
place
of
a
2
public
hearing
on
the
resolution.
3
The
bill
directs
a
city
or
county
wishing
to
establish
4
an
energy
finance
program
to
adopt
an
ordinance
which
5
shall
include
a
schedule
for
packaging
assessments
for
6
program
finance
purposes
and
city
council
or
county
board
7
of
supervisors
approval,
a
method
for
prioritizing
approved
8
applications,
and
energy
analysis
requirements.
After
adoption
9
of
the
ordinance,
the
city
or
county
is
also
directed
to
10
establish
a
plan
for
raising
the
capital
to
pay
for
work
11
performed
pursuant
to
the
special
assessments
and
shall
be
12
authorized
to
advance
funds
available
to
it
from
any
source.
13
The
bill
states
that
if
a
county
has
adopted
a
countywide
14
ordinance,
a
city
cannot
adopt
an
ordinance
in
that
portion
of
15
the
city
located
within
the
county.
16
The
bill
provides
that
the
authority
shall
develop
petitions
17
for
use
by
property
owners
applying
for
the
program,
informing
18
the
property
owner
of
the
need
to
complete
an
energy
analysis,
19
containing
space
for
property
owner
identifying
information
and
20
for
a
listing
of
energy
improvements
and
cost
estimates
for
21
which
a
special
assessment
is
sought,
and
requesting
a
proposed
22
time
frame
within
which
the
improvements
shall
be
undertaken
23
and
completed.
Program
participation
shall
be
initiated
solely
24
by
petition
of
the
property
owner
or
by
a
representative
of
25
several
related
or
adjoining
lots
or
parcels
who
has
obtained
26
written
permission,
a
petition
signature,
and
a
copy
of
an
27
energy
analysis
from
each
owner.
The
bill
provides
that
within
28
30
days
following
submission
of
a
petition
and
accompanying
29
energy
analysis,
a
petitioner
shall
receive
notification
30
from
the
city
or
county
of
approval
or
denial,
and
that
if
31
approved
the
petitioner
shall
receive
subsequent
notification
32
regarding
funding
amounts,
authorization
to
purchase
directly
33
any
equipment
and
materials
for
the
installation
of
energy
34
improvements
and
to
contract
directly
for
such
installation,
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and
verification
requirements
regarding
completion
of
1
improvements.
2
The
bill
provides
that
approved
petitions,
whether
submitted
3
on
an
individual
or
aggregate
basis,
shall
be
grouped
either
4
by
date
of
approval
or
property
location,
identified
by
legal
5
description,
and
submitted
to
a
city
council
or
county
board
6
of
supervisors
in
the
form
of
a
resolution
for
approval
by
7
majority
vote.
The
bill
directs
a
city
council
or
county
board
8
of
supervisors
to
forward
an
approved
resolution
to
the
city
9
clerk
or
county
auditor,
as
applicable,
along
with
a
schedule
10
including
a
description
and
parcel
number
of
each
lot,
the
name
11
of
the
property
owner,
the
valuation
of
each
lot
as
determined
12
by
the
council,
and
the
total
amount
proposed
to
be
assessed
13
to
each
lot.
14
The
bill
then
specifies
procedures
for
adoption
of
the
15
schedule
by
the
city
council
or
county
board
of
supervisors,
16
certification
to
the
county
treasurer,
and
property
owner
17
notification
provisions.
The
bill
provides
that
the
special
18
assessments
shall
be
levied
and
collected
in
the
same
manner
as
19
provided
in
Code
section
384.65
for
public
improvement
special
20
assessments
levied
by
a
city.
Bonding
provisions
are
set
forth
21
which
closely
correspond
to
provisions
applicable
to
special
22
assessment
bonds
authorized
in
Code
section
384.68.
23
The
bill
authorizes
utilization
of
tax
increment
financing
24
moneys
to
fund
special
assessments
under
the
program
25
for
property
in
an
urban
renewal
area,
and
includes
the
26
establishment
of
the
energy
finance
program
within
the
27
definition
of
“essential
corporate
purpose”
and
“essential
28
county
purpose”
contained
in
Code
chapters
384
and
331,
29
respectively,
and
applicable
to
the
issuance
of
general
30
obligation
bonds.
31
The
bill
requires
the
economic
development
authority
to
32
determine
an
inspection
procedure
to
verify
completion
of
an
33
energy
improvement
financed
pursuant
to
the
program.
The
34
authority
is
also
required
to
make
available
on
its
internet
35
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site
the
results
of
the
program
based
upon
information
1
required
to
be
submitted
on
an
annual
basis
by
a
city
or
county
2
participating
in
the
program.
3
The
bill
provides
that
a
city
or
county
may
impose
a
civil
4
penalty
in
an
amount
not
to
exceed
the
amount
financed
for
5
failure
to
complete
an
energy
improvement
for
which
a
petition
6
was
submitted
and
approved
and
financing
was
received.
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