Bill Text: IA SF2212 | 2011-2012 | 84th General Assembly | Enrolled

---

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 SSB 3072.) Effective 7-1-12.

Sponsorship: Committee Bill

Status: (Passed) 2012-03-22 - Signed by Governor. S.J. 649. [SF2212 Detail]

Download: Iowa-2011-SF2212-Enrolled.html

---

Senate File 2212
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
TARGETED JOBS WITHHOLDING ELIGIBILITY
Section 1. Section 403.19A, subsection 1, paragraph a, Code
Supplement 2011, is amended to read as follows:
a. “Business” means any an enterprise that is located in
this state and that is operated for profit and under a single
management. “Business” includes professional services , or
industrial enterprise, including and industrial enterprises,
including but not limited to medical treatment facilities,
manufacturing facilities, corporate headquarters, and research
facilities. “Business” does not include a retail operation , a
government entity, or a business which closes or substantially
reduces its operation in one area of this state and relocates
substantially the same operation to another area of this state.
DIVISION II
ACCELERATED CAREER EDUCATION PHYSICAL INFRASTRUCTURE PROJECTS
Sec. 2. Section 260G.6, subsections 1, 3, and 4, Code
Supplement 2011, are amended to read as follows:
1. An accelerated career education fund is established in
the state treasury under the control of the economic

Senate File 2212, p. 2
development authority consisting of moneys appropriated to the
authority fund for purposes of funding the cost of accelerated
career education program capital projects.
3. If moneys are appropriated by the general assembly to
support program capital costs, the moneys shall be allocated
according to rules adopted by the economic development
authority pursuant to chapter 17A equally to each community
college .
4. In order to receive moneys pursuant to this section ,
a program agreement approved by the community college board
of directors shall be in place, program capital cost requests
shall be approved by the economic development authority
created in section 15.105 , and employer contributions toward
program capital costs shall be certified and agreed to in the
agreement. Program capital cost requests shall be approved
or denied not later than sixty days following receipt of the
request by the economic development authority.
DIVISION III
IOWA INNOVATION COUNCIL
Sec. 3. Section 15.117A, subsection 2, Code Supplement
2011, is amended by adding the following new paragraph:
NEW PARAGRAPH . c. A vacancy on the council shall be filled
in the same manner as the original selection and shall be for
the remainder of the term.
DIVISION IV
ENTERPRISE ZONE CERTIFICATION SUNSET
Sec. 4. Section 15E.192, subsection 4, paragraph b, Code
Supplement 2011, is amended to read as follows:
b. A county or city may apply to the authority for an area
to be certified as an enterprise zone at any time prior to July
1, 2012 2014 . However, the total amount of land designated as
enterprise zones under subsection 1 , and any other enterprise
zones certified by the authority, excluding those approved
pursuant to subsection 2 and section 15E.194 , subsections 3 and
5 , shall not exceed in the aggregate one percent of the total
county area.
DIVISION V
ENVIRONMENTAL RESPONSE PROJECTS
Sec. 5. Section 455I.2, subsection 5, unnumbered paragraph
1, Code 2011, is amended to read as follows:
“Environmental response project” means a plan or work
performed for environmental remediation or flood control
affecting real property and conducted under or by one of the

Senate File 2212, p. 3
following:
Sec. 6. Section 455I.11, subsection 3, Code 2011, is amended
to read as follows:
3. A person is not responsible for or subject to liability
for environmental remediation or flood control solely because
it has the right to enforce an environmental covenant.
Sec. 7. RETROACTIVE APPLICABILITY AND COVENANT VALIDITY.
1. This division of this Act applies retroactively to
an instrument entered into on or after July 1, 1992, and
before the effective date of this division of this Act, if the
instrument meets the following requirements:
a. The instrument creates restrictions or obligations with
respect to flood control affecting real property that would
qualify as activity and use limitations under chapter 455I, as
amended in this division of this Act.
b. A grantor or holder or a party to or beneficiary of
the instrument, as named in the instrument, files by July 1,
2013, in the office of the recorder of deeds of the county in
which the real estate is situated, a statement in writing, duly
acknowledged, doing all of the following:
(1) Definitely describing the real estate involved and
the originally recorded instrument creating the restrictions
or obligations with respect to flood control affecting real
property.
(2) Declaring that such instrument is an environmental
covenant for purposes of chapter 455I, as amended in this
division of this Act.
2. An instrument meeting the requirements of this section of
this division of this Act is valid and enforceable under the
provisions of chapter 455I, as amended in this division of this
Act, and the validity of the environmental covenant established
by the instrument is not impaired by section 558.68 or 614.24.
DIVISION VI
REGIONAL SPORTS AUTHORITY DISTRICTS
Sec. 8. Section 15E.321, subsection 2, Code Supplement
2011, is amended to read as follows:
2. a. A convention and visitors bureau may apply to the
authority for certification of a regional sports authority
district which may include more than one city and more than
one convention and visitors bureau within the district. The
authority shall not certify more than ten such districts.
b. If more than ten applications are received in any
certification year, the authority shall certify the districts

Senate File 2212, p. 4
on a competitive basis. In evaluating the applications for
certification, the authority shall consider the economic impact
to the state of the activities proposed in the application, the
geographic diversity of the districts applying, and any other
factors the authority deems relevant.
DIVISION VII
CONFIDENTIAL INFORMATION
Sec. 9. Section 15.118, subsection 2, Code Supplement 2011,
is amended to read as follows:
2. All information contained in an application for
financial assistance submitted to the authority shall remain
confidential while the authority is reviewing the application,
processing requests for confidentiality, negotiating with the
applicant, and preparing the application for consideration by
the director or the board. The authority may release certain
information in an application for financial assistance to a
third party for technical review. If the authority releases
such information to a third party, the authority shall ensure
that the third party protects such information from public
disclosure. After the authority has considered a request for
confidentiality pursuant to subsection 3 , any information not
deemed confidential shall be made publicly available. Any
information deemed confidential by the authority shall also
be kept confidential during and following administration of
a contract executed pursuant to a successful application.
Information deemed confidential may be treated as such for as
long as the authority deems necessary to protect an applicant’s
competitive position, and the confidential treatment of the
information shall apply whether the authority is in possession
of the information or whether the information has been sent to
off-site storage or to the state archivist.
DIVISION VIII
EMPLOYEES ELIGIBLE FOR JOBS TRAINING PROGRAMS
Sec. 10. Section 260E.2, subsection 6, Code 2011, is amended
to read as follows:
6. “Employee” means the person employed in a new job.
“Employee” does not include a person not subject to the
withholding of Iowa income pursuant to a reciprocal agreement
under section 422.8, subsection 5.
Sec. 11. Section 260F.2, subsection 6, Code Supplement
2011, is amended to read as follows:
6. “Employee” means a person currently employed by a
business who is to be trained. However, “employee” does not

Senate File 2212, p. 5
include a person with executive responsibilities or replacement
workers who are hired as a result of a strike, lockout, or
other labor dispute in Iowa.
______________________________
JOHN P. KIBBIE
President of the Senate
______________________________
KRAIG PAULSEN
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 2212, Eighty-fourth General Assembly.
______________________________
MICHAEL E. MARSHALL
Secretary of the Senate
Approved _______________, 2012
______________________________
TERRY E. BRANSTAD
Governor