Bill Text: IA HF2450 | 2023-2024 | 90th General Assembly | Introduced
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 HSB 622.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2024-03-18 - Withdrawn. H.J. 605. [HF2450 Detail]
Download: Iowa-2023-HF2450-Introduced.html
House
File
2450
-
Introduced
HOUSE
FILE
2450
BY
COMMITTEE
ON
ECONOMIC
GROWTH
AND
TECHNOLOGY
(SUCCESSOR
TO
HSB
622)
A
BILL
FOR
An
Act
relating
to
economic
development
and
energy
shortages
1
under
the
purview
of
the
economic
development
authority
and
2
governor,
and
providing
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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DIVISION
I
1
ECONOMIC
DEVELOPMENT
PROGRAMS
2
Section
1.
Section
15.106B,
subsection
5,
paragraph
b,
Code
3
2024,
is
amended
by
striking
the
paragraph.
4
Sec.
2.
NEW
SECTION
.
15.106E
Application
or
award
——
5
prohibition.
6
1.
The
authority
may
prohibit
a
person
from
receiving
an
7
award
of
financial
assistance,
or
from
being
selected
as
a
8
vendor
to
provide
goods
or
services
to
the
authority
in
any
of
9
the
following
circumstances:
10
a.
An
act
or
omission
by
the
person
seriously
affects
or
11
threatens
public
health,
public
safety,
or
the
environment.
12
b.
The
person
is
charged
with
or
convicted
of
a
crime
13
involving
dishonesty.
14
c.
An
act
or
omission
by
the
person
indicates
a
lack
of
15
integrity
or
honesty.
16
d.
The
person
violates
the
terms
of
an
agreement
or
17
transaction
that
detrimentally
impacts
the
integrity
of
a
18
program
administered
by
the
authority,
or
other
governmental
19
entity
as
defined
in
section
8A.101.
20
e.
A
compelling
cause
exists
that
is
relevant
to
and
affects
21
the
person’s
obligations
under
the
programs
administered
by
the
22
authority,
or
is
relevant
to
and
affects
the
provision
of
goods
23
and
services
to
the
authority
by
a
vendor.
24
2.
Upon
a
determination
by
the
authority,
a
person
shall
25
be
prohibited
from
receiving
an
award
of
financial
assistance,
26
or
from
being
selected
as
a
vendor
pursuant
to
subsection
1.
27
The
authority
shall
provide
written
notice
to
the
prohibited
28
person
stating
the
reason
for
the
prohibition.
The
authority
29
may
immediately
disqualify
a
prohibited
person
from
receiving
30
financial
assistance,
or
from
being
selected
as
a
vendor.
31
3.
The
authority
shall
adopt
rules
as
necessary
pursuant
to
32
chapter
17A
to
administer
this
section.
33
Sec.
3.
Section
15.108,
subsection
2,
Code
2024,
is
amended
34
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
35
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following:
1
2.
Marketing.
To
aid
in
all
of
the
following:
2
a.
The
marketing
and
promotion
of
Iowa
products
and
3
services.
4
b.
The
promotion
and
development
of
the
agricultural
5
processing
industry
in
the
state.
6
Sec.
4.
Section
15.108,
subsection
3,
paragraph
a,
7
subparagraph
(5),
Code
2024,
is
amended
to
read
as
follows:
8
(5)
Encourage
cities,
counties,
local
and
regional
9
government
organizations,
and
local
and
regional
economic
10
development
organizations
to
develop
and
implement
11
comprehensive
community
and
economic
development
plans.
In
12
evaluating
financial
assistance
applications,
the
authority
13
shall
award
supplementary
credit
to
applications
submitted
by
14
cities,
counties,
local
and
regional
government
organizations,
15
and
local
and
regional
economic
development
organizations
16
that
have
developed
a
comprehensive
community
and
economic
17
development
plan.
18
Sec.
5.
Section
15.108,
subsection
4,
Code
2024,
is
amended
19
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
20
following:
21
4.
Exporting.
To
promote
and
aid
in
the
marketing
and
22
sale
of
Iowa
industrial
and
agricultural
products
and
services
23
outside
of
the
state.
To
carry
out
this
responsibility,
the
24
authority
shall:
25
a.
Perform
the
duties
and
activities
specified
for
the
26
agricultural
marketing
program
under
sections
15.201
and
27
15.202.
28
b.
Seek
assistance
and
advice
from
the
Iowa
district
export
29
council
which
advises
the
United
States
department
of
commerce.
30
Sec.
6.
Section
15.108,
subsection
5,
paragraph
d,
Code
31
2024,
is
amended
to
read
as
follows:
32
d.
Coordinate
with
other
divisions
of
the
authority
to
add
33
Promote
the
contributions
of
Iowa’s
recreation,
tourism,
and
34
leisure
resources
to
the
agricultural
and
other
images
which
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characterize
the
state
on
a
national
level.
1
Sec.
7.
Section
15.108,
subsection
5,
paragraph
o,
Code
2
2024,
is
amended
by
striking
the
paragraph.
3
Sec.
8.
Section
15.108,
subsection
6,
paragraph
c,
Code
4
2024,
is
amended
by
striking
the
paragraph
and
inserting
in
5
lieu
thereof
the
following:
6
c.
Provide
aid
for
the
development
and
implementation
of
7
the
Iowa
targeted
small
business
procurement
Act
established
in
8
sections
73.15
through
73.22.
9
Sec.
9.
Section
15.108,
subsection
6,
paragraphs
f
and
g,
10
Code
2024,
are
amended
by
striking
the
paragraphs.
11
Sec.
10.
Section
15.108,
subsection
7,
Code
2024,
is
amended
12
by
striking
the
subsection.
13
Sec.
11.
Section
15.108,
subsection
10,
paragraph
b,
14
subparagraph
(3),
Code
2024,
is
amended
to
read
as
follows:
15
(3)
Establish
programs
which
assist
communities
or
local
16
entities
in
developing
housing
to
meet
a
range
of
community
17
needs,
including
programs
to
assist
homeless
shelter
operations
18
and
programs
to
assist
in
the
development
of
housing
to
enhance
19
economic
development
opportunities
in
the
community.
20
Sec.
12.
Section
15.371,
subsection
5,
paragraph
e,
Code
21
2024,
is
amended
to
read
as
follows:
22
e.
Employ
a
minimum
of
three
full-time
employees
and
no
more
23
than
seventy-five
one
hundred
twenty-five
full-time
employees
24
across
all
of
the
manufacturer’s
locations.
25
Sec.
13.
NEW
SECTION
.
73.22
Reports.
26
1.
By
December
1
of
each
calendar
year,
the
department
of
27
administrative
services
shall
provide
a
written
summary
to
the
28
economic
development
authority
of
all
activities
undertaken
29
by
the
department
of
administrative
services
to
maximize
the
30
purposes
of
this
subchapter
during
the
immediately
preceding
31
fiscal
year.
32
2.
By
December
1
of
each
calendar
year,
the
economic
33
development
authority
shall
compile
a
list
of
the
procurement
34
goals
established
pursuant
to
section
73.16,
subsection
2,
for
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the
prior
fiscal
year,
and
the
performance
of
each
agency
or
1
department
of
state
government
having
purchasing
authority
in
2
meeting
the
goals.
The
compilation
shall
be
based
upon
the
3
reports
required
to
be
filed
under
section
73.16,
subsection
2.
4
3.
By
January
15
of
each
calendar
year,
the
economic
5
development
authority
shall
submit
to
the
governor
and
the
6
general
assembly
a
summary
of
all
reports
required
under
this
7
section.
8
4.
The
director
of
the
economic
development
authority,
in
9
cooperation
with
the
department
of
administrative
services
and
10
other
state
agencies
shall
do
all
of
the
following:
11
a.
Publicize
the
targeted
small
business
procurement
goal
12
program
to
targeted
small
businesses
and
to
agencies
of
state
13
government.
14
b.
Identify
targeted
small
businesses
able
to
perform
15
contracts
under
the
program.
16
c.
Encourage
targeted
small
businesses
to
participate
in
the
17
program.
18
Sec.
14.
REPEAL.
Sections
15.246,
15.271,
and
15.272,
Code
19
2024,
are
repealed.
20
DIVISION
II
21
ENERGY
SHORTAGES
22
Sec.
15.
Section
12.28,
subsection
6,
Code
2024,
is
amended
23
to
read
as
follows:
24
6.
The
maximum
principal
amount
of
financing
agreements
25
which
the
treasurer
of
state
can
enter
into
shall
be
one
26
million
dollars
per
state
agency
in
a
fiscal
year,
subject
27
to
the
requirements
of
section
8.46
.
For
the
fiscal
year,
28
the
treasurer
of
state
shall
not
enter
into
more
than
one
29
million
dollars
of
financing
agreements
per
state
agency,
30
not
considering
interest
expense.
However,
the
treasurer
31
of
state
may
enter
into
financing
agreements
in
excess
of
32
the
one
million
dollar
per
agency
per
fiscal
year
limit
if
a
33
constitutional
majority
of
each
house
of
the
general
assembly,
34
or
the
legislative
council
if
the
general
assembly
is
not
in
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session,
and
the
governor,
authorize
the
treasurer
of
state
1
to
enter
into
additional
financing
agreements
above
the
one
2
million
dollar
authorization
contained
in
this
section
.
The
3
treasurer
of
state
shall
not
enter
into
a
financing
agreement
4
for
real
or
personal
property
which
is
to
be
constructed
for
5
use
as
a
prison
or
prison-related
facility
without
prior
6
authorization
by
a
constitutional
majority
of
each
house
of
7
the
general
assembly
and
approval
by
the
governor
of
the
use,
8
location,
and
maximum
cost,
not
including
interest
expense,
9
of
the
real
or
personal
property
to
be
financed.
However,
10
financing
agreements
for
an
energy
conservation
measure,
as
11
defined
in
section
7D.34
,
for
an
energy
management
improvement,
12
as
defined
in
section
473.19
,
or
for
costs
associated
with
13
projects
under
section
473.13A
,
are
exempt
from
the
provisions
14
of
this
subsection
,
but
are
subject
to
the
requirements
of
15
section
7D.34
.
In
addition,
financing
agreements
funded
16
through
the
materials
and
equipment
revolving
fund
established
17
in
section
307.47
are
exempt
from
the
provisions
of
this
18
subsection
.
19
Sec.
16.
Section
29C.2,
Code
2024,
is
amended
by
adding
the
20
following
new
subsections:
21
NEW
SUBSECTION
.
4A.
“Energy”
or
“energy
sources”
means
the
22
same
as
defined
in
section
473.1.
23
NEW
SUBSECTION
.
5A.
“Liquid
fossil
fuel”
means
heating
24
oil,
diesel
oil,
motor
gasoline,
propane,
residual
fuel
oil,
25
kerosene,
and
aviation
fuel.
26
NEW
SUBSECTION
.
7A.
“Prime
supplier”
means
an
individual,
27
trustee,
agency,
partnership,
association,
corporation,
28
company,
municipality,
political
subdivision,
or
other
legal
29
entity
that
makes
the
first
sale
of
liquid
fossil
fuel
into
the
30
state
distribution
system
for
consumption
within
the
state.
31
Sec.
17.
Section
29C.6,
Code
2024,
is
amended
by
adding
the
32
following
new
subsection:
33
NEW
SUBSECTION
.
18.
a.
Determine
that
an
actual
acute
34
shortage
of
usable
energy
has
occurred
or
is
imminent
based
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upon
circumstances
indicated
in
the
state
energy
security
plan
1
created
in
section
473.5,
or
in
response
to
a
declaration
of
2
a
severe
energy
supply
interruption
by
the
president
of
the
3
United
States
under
the
federal
Emergency
Energy
Conservation
4
Act
of
1979,
Pub.
L.
No.
96-102,
as
amended.
Upon
such
a
5
determination,
the
governor
may
do
any
of
the
following
by
6
proclamation:
7
(1)
Regulate
the
operating
hours
of
agencies
and
8
instrumentalities
of
state
government,
political
subdivisions,
9
private
institutions,
and
business
facilities
that
consume
10
energy
to
the
extent
the
regulation
is
not
hazardous
or
11
detrimental
to
the
health,
safety,
or
welfare
of
the
people
of
12
this
state.
However,
the
governor
shall
not
have
authority
to
13
suspend,
amend,
or
nullify
any
service
provided
by
a
public
14
utility,
as
defined
in
section
476.1,
if
the
public
utility
15
is
providing
such
service
pursuant
to
an
order
or
rule
of
a
16
federal
agency
which
has
jurisdiction
over
the
public
utility.
17
The
governor
shall
also
not
have
authority
to
suspend,
18
amend,
or
nullify
any
service
provided
by
a
public
utility,
19
as
defined
in
section
476.1,
when
the
public
utility
has
a
20
contractual
or
tariff
obligation
pursuant
to
the
tariff
of
a
21
federally-approved
regional
transmission
organization.
22
(2)
Establish
a
system
for
the
distribution
and
supply
23
of
energy.
The
system
shall
not
include
a
coupon
rationing
24
program,
unless
the
coupon
rationing
program
is
federally
25
mandated.
26
(3)
Curtail
public
and
private
transportation
utilizing
27
energy.
Curtailment
may
include
measures
designed
to
promote
28
the
use
of
carpools
and
mass
transit
systems.
29
(4)
Accept
the
delegation
of
authority
for
other
mandatory
30
measures
under
the
federal
Emergency
Energy
Conservation
Act
of
31
1979,
Pub.
L.
No.
96-102,
as
amended.
32
(5)
Require
a
prime
supplier
to
reserve
a
specified
fraction
33
of
the
prime
supplier’s
projected
total
monthly
release
of
34
liquid
fossil
fuel
into
the
state
distribution
system.
The
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governor
or
the
governor’s
designee
may
release
any
or
all
1
of
the
fuel
required
to
be
reserved
by
a
prime
supplier
2
to
end-users
or
to
distributors
for
release
through
normal
3
retail
distribution
channels.
However,
the
specified
fraction
4
required
to
be
reserved
shall
not
exceed
three
percent
for
5
propane,
aviation
fuel,
and
residual
fuel
oil,
and
five
percent
6
for
motor
gasoline,
heating
oil,
and
diesel
oil.
7
b.
A
person
who
violates
paragraph
“a”
commits
a
simple
8
misdemeanor
punishable
as
a
scheduled
violation
pursuant
to
9
section
805.8C,
subsection
1.
If
the
violation
is
continuous
10
and
stationary
in
its
nature
and
subsequent
compliance
can
11
easily
be
ascertained,
an
officer
may
issue
a
memorandum
of
12
warning
in
lieu
of
a
citation
providing
a
reasonable
amount
of
13
time
not
exceeding
fourteen
days
to
correct
the
violation
and
14
to
comply
with
the
requirements
of
the
proclamation.
15
Sec.
18.
Section
279.53,
Code
2024,
is
amended
to
read
as
16
follows:
17
279.53
Loan
proceeds.
18
The
proceeds
of
loans
issued
to
school
districts
pursuant
to
19
section
279.48
,
or
279.52
,
or
473.20
shall
be
deposited
into
20
either
the
general
fund
of
a
school
district
or
the
physical
21
plant
and
equipment
levy
fund.
The
board
of
directors
shall
22
expend
the
amount
of
the
principal
and
interest
due
each
year
23
to
maturity
from
the
same
fund
into
which
the
loan
proceeds
24
were
deposited.
25
Sec.
19.
Section
298.3,
subsection
1,
paragraph
g,
Code
26
2024,
is
amended
to
read
as
follows:
27
g.
Expenditures
for
energy
conservation
,
including
payments
28
made
pursuant
to
a
guarantee
furnished
by
a
school
district
29
entering
into
a
financing
agreement
for
energy
management
30
improvements,
limited
to
agreements
pursuant
to
section
473.19
,
31
473.20
,
or
473.20A
.
32
Sec.
20.
Section
323A.2,
subsection
1,
paragraph
c,
Code
33
2024,
is
amended
to
read
as
follows:
34
c.
The
director
of
the
economic
development
authority
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determines
that
the
franchisee
has
demonstrated
that
a
special
1
hardship
exists
in
the
community
served
by
the
franchisee
2
relating
to
the
public
health,
safety,
and
welfare
,
as
3
specified
under
the
rules
of
the
authority
.
4
Sec.
21.
Section
473.1,
subsection
3,
Code
2024,
is
amended
5
by
striking
the
subsection.
6
Sec.
22.
Section
473.3,
subsection
2,
Code
2024,
is
amended
7
by
striking
the
subsection.
8
Sec.
23.
NEW
SECTION
.
473.4
Duties
of
the
authority.
9
The
authority
shall
do
the
following:
10
1.
Periodically
update
the
Iowa
energy
plan
that
identifies
11
objectives
and
strategies
for
developing
the
energy
sector
in
12
the
state.
13
2.
Administer
and
coordinate
federal
funds
received
for
14
energy
conservation,
energy
management,
and
alternative
and
15
renewable
energy
programs.
16
3.
Apply
for,
receive,
administer,
and
use
federal
or
other
17
funds
available
for
achieving
the
purposes
of
this
chapter.
18
Sec.
24.
NEW
SECTION
.
473.5
Energy
security
plan.
19
1.
The
governor
or
the
governor’s
designee
shall
maintain
20
an
energy
security
plan.
21
2.
The
energy
security
plan
shall
include
but
is
not
limited
22
to
the
following:
23
a.
A
description
of
the
circumstances
that
indicate
an
24
actual
or
imminent
acute
shortage
of
usable
energy,
including
25
liquid
fossil
fuels.
26
b.
Any
action
to
be
taken
by
the
authority
or
relevant
27
agencies
in
response
to
a
proclamation
issued
pursuant
to
28
section
29C.6,
subsection
18.
29
Sec.
25.
Section
805.8C,
subsection
1,
Code
2024,
is
amended
30
to
read
as
follows:
31
1.
Energy
emergency
violations.
For
violations
of
an
32
executive
order
issued
a
proclamation
by
the
governor
under
the
33
provisions
of
section
473.8
section
29C.6,
subsection
18
,
the
34
scheduled
fine
is
seventy
dollars.
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Sec.
26.
REPEAL.
Sections
473.7,
473.8,
473.9,
473.10,
1
473.13A,
473.15,
473.19,
473.19A,
473.20,
473.20A,
and
473.41,
2
Code
2024,
are
repealed.
3
Sec.
27.
TRANSFER
OF
MONEYS.
On
the
effective
date
of
this
4
division
of
this
Act,
any
moneys
remaining
in
the
building
5
energy
management
fund
in
section
473.19A,
Code
2024,
shall
be
6
transferred
to
the
general
fund
of
the
state.
7
EXPLANATION
8
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
9
the
explanation’s
substance
by
the
members
of
the
general
assembly.
10
This
bill
relates
to
economic
development
and
energy
11
shortages
under
the
purview
of
the
economic
development
12
authority
and
governor.
13
DIVISION
I
——
ECONOMIC
DEVELOPMENT
PROGRAMS.
The
bill
14
strikes
the
specific
power
of
the
economic
development
15
authority
(authority)
to
charge
a
business
or
individual
a
fee
16
for
use
of
the
authority’s
federal
EB-5
immigrant
investor
17
regional
center.
18
The
bill
specifies
the
circumstances
in
which
the
authority
19
may
prohibit
a
person
from
receiving
an
award
or
financial
20
assistance,
or
from
being
selected
as
a
vendor
to
provide
goods
21
or
services
to
the
authority.
The
circumstances
include:
22
an
act
or
omission
by
the
person
that
seriously
affects
or
23
threatens
public
health,
public
safety,
or
the
environment;
24
the
person
is
charged
with
or
convicted
of
a
crime
involving
25
dishonesty;
an
act
or
omission
by
the
person
that
indicates
a
26
lack
of
integrity
or
honesty;
the
person
violates
the
terms
27
of
an
agreement
or
transaction;
or
a
compelling
cause
exists
28
that
is
relevant
to
and
affects
the
obligations
of
the
person
29
or
vendor
under
programs
administered
by
the
authority.
The
30
authority
is
required
to
provide
written
notification
to
the
31
person
of
the
reason
for
the
prohibition,
and
may
immediately
32
disqualify
such
a
person
from
receiving
financial
assistance
33
or
being
selected
as
a
vendor.
34
The
bill
makes
numerous
changes
to
Code
section
15.108
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(primary
responsibilities
of
the
authority).
The
bill
1
strikes
the
requirement
that
the
authority
establish
a
federal
2
procurement
office
staffed
with
experts
in
marketing
to
federal
3
agencies.
4
The
bill
strikes
provisions
allowing
the
authority
to
5
adopt
a
label
or
trademark
that
identifies
Iowa
products
and
6
services,
and
to
promote
an
import
substitution
program
to
7
encourage
the
purchase
of
domestically
produced
Iowa
goods.
8
In
financial
assistance
applications,
the
bill
strikes
a
9
provision
requiring
the
authority
to
award
a
supplementary
10
credit
to
applications
submitted
by
local
governments
11
or
regional
economic
development
organizations
if
such
12
governmental
entity
or
organization
has
developed
a
13
comprehensive
community
and
economic
development
plan.
14
The
bill
strikes
a
provision
encouraging
coordination
with
15
the
Iowa
board
of
regents
and
area
community
colleges
to
16
establish
a
conversational
foreign
language
training
program.
17
A
provision
encouraging
the
promotion
and
assistance
in
the
18
creation
of
international
currency
and
barter
exchanges
is
19
stricken.
20
Under
the
bill,
the
governor
is
no
longer
required
to
appoint
21
an
export
advisory
board.
22
The
bill
strikes
a
provision
encouraging
college
graduates
23
from
Iowa
schools
and
former
residents
who
reside
in
foreign
24
countries
to
become
cultural
advisors
for
the
authority
and
for
25
Iowa
businesses
participating
in
trade
missions,
and
strikes
26
the
provision
encouraging
foreign
students
studying
in
Iowa
27
to
be
used
as
contacts
with
Iowa
businesses
engaged
in
export
28
activities.
29
A
revolving
fund
is
stricken
by
the
bill
that
allows
30
the
authority
to
receive
contributions
for
use
in
start-up
31
expansion
of
tourism
special
events,
fairs,
and
festivals.
32
The
bill
moves
provisions
regarding
the
submission
of
33
reports
relating
to
the
targeted
small
business
procurement
34
program
in
Code
section
15.108(6)
to
new
Code
section
73.22
as
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created
in
the
bill.
However,
the
bill
removes
the
provision
1
in
Code
section
15.108(6)(3)
requiring
the
director
of
the
2
authority
to
assist
a
targeted
small
business
unable
to
perform
3
a
procurement
contract,
and
makes
other
related
changes.
4
The
bill
strikes
a
provision
encouraging
the
authority
to
5
cooperate
with
other
state
agencies
to
establish
a
program
6
to
educate
employers
on
the
rates
and
workings
of
the
7
state
unemployment
compensation
program
and
state
workers’
8
compensation
program.
9
Under
the
bill,
the
authority
is
no
longer
required
to
study
10
the
feasibility
of
reducing
the
number
of
state
licenses,
11
permits,
and
certificates
required
to
conduct
business.
12
The
bill
strikes
a
provision
allowing
the
authority
to
help
13
local
entities
develop
programs
to
assist
homeless
shelter
14
operations.
15
The
bill
strikes
a
provision
requiring
the
authority
to
16
provide
case
management
assistance
to
low-income
persons
17
establishing
or
expanding
a
small
business,
and
repeals
the
18
case
management
program
in
Code
section
15.246.
19
The
bill
expands
the
manufacturing
4.0
technology
program
by
20
allowing
an
employer
who
employs
up
to
125
employees
to
qualify
21
for
the
program.
Currently,
an
employer
with
more
than
75
22
employees
does
not
qualify
for
the
program.
23
The
bill
repeals
provisions
requiring
a
statewide
welcome
24
center
program
and
related
provisions.
25
DIVISION
II
——
ENERGY
SHORTAGES.
Under
current
law,
if
the
26
authority
by
resolution
determines
the
people
of
this
state
are
27
threatened
by
an
actual
or
impending
acute
shortage
of
energy,
28
the
authority
is
required
to
transmit
the
resolution
to
the
29
governor
together
with
recommendations.
After
transmission
of
30
such
a
resolution
under
current
law,
the
governor
may
issue
a
31
proclamation
of
emergency.
32
The
bill
grants
the
governor
sole
power
to
issue
a
33
proclamation
that
an
actual
acute
shortage
of
usable
energy
has
34
occurred
or
is
imminent
based
upon
the
energy
security
plan
of
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the
state
developed
in
the
bill,
or
allows
the
governor
to
base
1
the
proclamation
in
response
to
a
declaration
of
severe
energy
2
supply
interruption
by
the
president
of
the
United
States
3
under
the
federal
Emergency
Energy
Conservation
Act
of
1979,
4
as
amended.
The
bill
moves
the
current
proclamation
powers
in
5
Code
section
473.8(2)
to
new
Code
section
29C.6(18),
and
the
6
powers
essentially
remain
the
same.
7
The
bill
moves
the
definitions
of
“prime
supplier”
and
8
“liquid
fossil
fuel”
from
Code
section
473.9
to
Code
section
9
29C.2,
and
defines
“energy”
or
“energy
sources”
in
Code
section
10
29C.2
to
mean
the
same
as
in
Code
section
473.1.
11
The
bill
strikes
the
ability
of
the
authority
to
adopt
rules
12
for
energy-related
hardships
that
result
in
public,
health,
13
safety,
and
welfare
concerns
in
Code
section
323A.2(1).
14
The
bill
strikes
a
provision
requiring
state
government
to
15
be
a
model
and
testing
ground
for
the
use
of
energy
and
energy
16
systems.
17
The
bill
authorizes
the
creation
of
an
energy
security
18
plan
in
new
Code
section
473.5.
The
bill
requires
the
energy
19
security
plan
to
include
but
is
not
limited
to
a
description
20
of
circumstances
that
may
lead
to
an
actual
or
impending
acute
21
shortage
of
energy,
including
liquid
fossil
fuels,
and
action
22
plans
to
be
taken
by
relevant
state
agencies
if
a
disaster
23
emergency
proclamation
relating
to
energy
is
issued
by
the
24
governor.
25
The
bill
repeals
Code
section
473.7
(duties
of
authority)
26
and
removes
most
of
the
duties
of
the
authority.
The
remaining
27
duties
of
the
authority
are
expressed
in
new
Code
section
473.4
28
created
in
the
bill.
The
duties
include
periodically
updating
29
the
energy
security
plan
authorized
in
the
bill.
30
The
bill
updates
the
simple
misdemeanor
scheduled
violation
31
for
energy
emergency
violations
in
Code
section
805.8C(1)
32
due
to
moving
the
provisions
relating
to
the
proclamation
33
declaration
from
Code
section
473.8
to
Code
section
29C.6(18)
34
in
the
bill.
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The
bill
repeals
provisions
relating
to
energy
emergencies,
1
energy
management,
energy
funds,
and
energy
loan
programs
2
under
the
purview
of
the
authority
including
Code
sections
3
473.7
(duties
of
authority),
473.8
(emergency
powers),
473.9
4
(set-aside
definitions),
473.10
(reserve
required),
473.13A
5
(energy
management
improvements
identified
and
implemented),
6
473.15
(annual
report),
473.19
(building
energy
management
7
program),
473.19A
(building
energy
management
fund),
473.20
8
(energy
loan
program),
473.20A
(self-liquidating
financing),
9
and
473.41
(energy
city
designation
program).
10
On
July
1,
2024,
the
date
of
the
repeal
of
the
building
11
energy
management
fund
in
Code
section
473.19A,
the
bill
12
transfers
any
remaining
moneys
in
the
fund
to
the
general
fund
13
of
the
state.
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