House File 655 - Reprinted
HOUSE FILE
BY COMMITTEE ON WAYS AND
MEANS
(SUCCESSOR TO HF 556)
(SUCCESSOR TO HSB 167)
(As Amended and Passed by the House May 6, 2015)
A BILL FOR
1 An Act relating to community development by establishing
2 application rules and limitations for wireless
3 communications facilities and infrastructure and modifying
4 provisions related to reinvestment districts and flood
5 mitigation projects, and including effective date and
6 retroactive and other applicability provisions.
7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
HF 655 (5) 86
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PAG LIN
1 1 DIVISION I
1 2 WIRELESS COMMUNICATIONS FACILITIES AND INFRASTRUCTURE
1 3 APPLICATIONS
1 4 Section 1. NEW SECTION. 8C.1 Short title.
1 5 This chapter shall be known and may be cited as the "Iowa
1 6 Cell Siting Act".
1 7 Sec. 2. NEW SECTION. 8C.2 Definitions.
1 8 For the purposes of this chapter, unless the context
1 9 otherwise requires:
1 10 1. "Applicant" means any person engaged in the business of
1 11 providing wireless telecommunications services or the wireless
1 12 telecommunications infrastructure required for wireless
1 13 telecommunications services and who submits an application.
1 14 2. "Application" means a request submitted by an applicant
1 15 to an authority to construct a new tower, for the initial
1 16 placement of transmission equipment on a wireless support
1 17 structure, for the modification of an existing tower or
1 18 existing base station that constitutes a substantial change
1 19 to an existing tower or existing base station, or any other
1 20 request to construct or place transmission equipment that does
1 21 not meet the definition of an eligible facilities request.
1 22 3. "Authority", used as a noun, means a state, county,
1 23 or city governing body, board, agency, office, or commission
1 24 authorized by law to make legislative, quasi=judicial,
1 25 or administrative decisions relative to an application.
1 26 "Authority" does not include state courts having jurisdiction
1 27 over land use, planning, or zoning decisions made by an
1 28 authority, the utilities division of the department of
1 29 commerce, or entities that do not have zoning or permitting
1 30 authority.
1 31 4. a. "Base station" means a structure or equipment at a
1 32 fixed location that enables wireless communications licensed by
1 33 the federal communications commission or authorized wireless
1 34 communications between user equipment and a communications
1 35 network.
2 1 b. "Base station" does not mean a tower or equipment
2 2 associated with a tower.
2 3 c. "Base station" includes but is not limited to equipment
2 4 associated with wireless communications services such as
2 5 private, broadcast, and public safety services and unlicensed
2 6 wireless services and fixed wireless services such as microwave
2 7 backhaul.
2 8 d. "Base station" includes but is not limited to radio
2 9 transceivers, antennas, coaxial or fiberoptic cable, regular
2 10 and backup power supplies, and comparable equipment, regardless
2 11 of technological configuration.
2 12 e. "Base station" includes a structure other than a tower
2 13 that, at the time the relevant application is filed with
2 14 the state or local government, supports or houses equipment
2 15 described in this subsection that has been reviewed and
2 16 approved under the applicable zoning or siting process, or
2 17 under another state or local regulatory review process, even if
2 18 the structure was not built for the sole or primary purpose of
2 19 providing such support.
2 20 f. "Base station" does not include any structure that at
2 21 the time the relevant application is filed with the state or
2 22 local government does not support or house equipment described
2 23 in this subsection.
2 24 5. "Collocation" means the mounting or installation of
2 25 additional transmission equipment on a support structure
2 26 already in use for the purpose of transmitting or receiving
2 27 radio frequency signals for communications purposes.
2 28 5A. "Electric utility" means any owner or operator of
2 29 electric transmission or distribution facilities subject to the
2 30 regulation and enforcement activities of the Iowa utilities
2 31 board relating to safety standards.
2 32 6. "Eligible facilities request" means a request for
2 33 modification of an existing tower or base station that does
2 34 not substantially change the physical dimensions of the tower
2 35 or base station and involves collocation of new transmission
3 1 equipment, the removal of transmission equipment, or the
3 2 replacement of transmission equipment.
3 3 7. "Existing tower" or "existing base station" means a tower
3 4 or base station that has been reviewed and approved under the
3 5 applicable zoning or siting process, or under another state or
3 6 local regulatory review process. "Existing tower" includes a
3 7 tower that was not reviewed and approved because it was not in
3 8 a zoned area when it was built and lawfully constructed.
3 9 8. "Initial placement or installation" means the first time
3 10 transmission equipment is placed or installed on a wireless
3 11 support structure.
3 12 9. a. "Site", in relation to a tower that is not in the
3 13 public right=of=way, means the current boundaries of the leased
3 14 or owned property surrounding the tower and any access or
3 15 utility easements currently related to the site.
3 16 b. "Site", in relation to support structures other than
3 17 towers, means an area in proximity to the structure and to
3 18 other transmission equipment already deployed on the ground.
3 19 10. "Substantial change" means a change in the existing
3 20 support structure which results in one or more of the
3 21 following:
3 22 a. (1) Increase in the height of a tower, other than a
3 23 tower in the public right=of=way, by more than ten percent or
3 24 by the height of one additional antenna array with separation
3 25 from the nearest existing antenna not to exceed twenty feet,
3 26 whichever is greater.
3 27 (2) Increase in the height of existing support structures,
3 28 other than a tower in subparagraph (1), by more than ten
3 29 percent or more than ten feet, whichever is greater.
3 30 (3) Height shall be measured from the original support
3 31 structure in cases where deployments are or will be separated
3 32 horizontally, such as on buildings' rooftops. Otherwise,
3 33 height shall be measured from the dimensions of the tower or
3 34 base station, inclusive of originally approved appurtenances
3 35 and any modifications that were approved prior to the passage
4 1 of the Spectrum Act, Pub. L. No. 112=96, Tit. VI.
4 2 b. (1) Addition of an appurtenance to the body of the
4 3 tower, other than a tower in the public right=of=way, that
4 4 would protrude from the edge of the tower more than twenty
4 5 feet, or more than the width of the tower structure at the
4 6 level of the appurtenance, whichever is greater.
4 7 (2) Addition of an appurtenance to an existing support
4 8 structure, other than a tower under subparagraph (1), that
4 9 would protrude from the edge of the structure by more than six
4 10 feet.
4 11 c. (1) Installation of more than the standard number of
4 12 new equipment cabinets for the technology involved, but not to
4 13 exceed four cabinets.
4 14 (2) Installation of any new equipment cabinets on the ground
4 15 if there are no preexisting ground cabinets associated with the
4 16 tower in the public right=of=way or base station.
4 17 (3) Installation of ground cabinets that are more than
4 18 ten percent larger in height or overall volume than any
4 19 other ground cabinets associated with a tower in the public
4 20 right=of=way or base station.
4 21 d. Excavation or deployment outside the current site.
4 22 e. Defeat of concealment elements of the existing support
4 23 structure.
4 24 f. Noncompliance with conditions associated with the siting
4 25 approval of the construction or modification of the existing
4 26 support structure or base station equipment, except if the
4 27 change is noncompliant only in a manner that does not exceed
4 28 the thresholds identified in paragraphs "a" through "d".
4 29 11. "Tower" means a structure built for the sole or
4 30 primary purpose of supporting an antenna and the associated
4 31 facilities authorized or licensed by the federal communications
4 32 commission. "Tower" includes structures constructed for
4 33 wireless communications services, including but not limited to
4 34 private, broadcast, and public safety services and unlicensed
4 35 wireless services and fixed wireless services, such as
5 1 microwave backhaul, and the associated site.
5 2 12. "Transmission equipment" means equipment that
5 3 facilitates transmission for a wireless communications
5 4 service licensed or authorized by the federal communications
5 5 commission, including but not limited to radio transceivers,
5 6 antennas, coaxial or fiberoptic cable, and regular and backup
5 7 power supply. "Transmission equipment" includes equipment
5 8 associated with wireless communications services, including but
5 9 not limited to private, broadcast, and public safety services,
5 10 such as wireless local area network services and services
5 11 utilizing a set of specifications developed by the institute
5 12 of electrical and electronics engineers for interface between
5 13 a wireless client and a base station or between two wireless
5 14 clients, as well as unlicensed wireless services and fixed
5 15 wireless services, such as microwave backhaul.
5 16 12A. "Utility pole" means a structure owned or operated by
5 17 a public utility, municipality, or electric utility that is
5 18 designed specifically for and used to carry lines, cable, or
5 19 wires for telephone, cable television, or electricity, or to
5 20 provide lighting.
5 21 13. "Wireless support structure" means a structure that
5 22 exists at the time an application is submitted and is capable
5 23 of supporting the attachment or installation of transmission
5 24 equipment in compliance with applicable codes, including but
5 25 not limited to water towers, buildings, and other structures,
5 26 whether within or outside the public right=of=way. "Wireless
5 27 support structure" does not include a tower or existing base
5 28 station.
5 29 Sec. 3. NEW SECTION. 8C.3 Uniform rules and limitations ====
5 30 applications.
5 31 In order to ensure uniformity across this state with respect
5 32 to the consideration of every application, and notwithstanding
5 33 any other provision to the contrary, an authority shall not do
5 34 any of the following:
5 35 1. Require an applicant to submit information about, or
6 1 evaluate an applicant's business decisions with respect to, the
6 2 applicant's designed service, customer demand for service, or
6 3 quality of the applicant's service to or from a particular area
6 4 or site.
6 5 2. a. Evaluate an application based on the availability of
6 6 other potential locations for the placement or construction of
6 7 a tower or transmission equipment.
6 8 b. Require the applicant to establish other options for
6 9 collocation instead of the construction of a new tower or
6 10 modification of an existing tower or existing base station
6 11 that constitutes a substantial change to an existing tower or
6 12 existing base station.
6 13 c. Notwithstanding paragraph "b", an authority may require
6 14 an applicant applying for the construction of a new tower to
6 15 state in its application that it conducted an analysis of
6 16 available collocation opportunities on existing towers or
6 17 existing base stations within the same search ring defined by
6 18 the applicant solely for the purpose of confirming that the
6 19 applicant undertook such analysis.
6 20 3. Dictate the type of transmission equipment or technology
6 21 to be used by the applicant or discriminate between different
6 22 types of infrastructure or technology.
6 23 4. a. Require the removal of existing towers, base
6 24 stations, or transmission equipment, wherever located, as a
6 25 condition to approval of an application.
6 26 b. Notwithstanding paragraph "a", the authority may adopt
6 27 reasonable rules regarding removal of abandoned towers or
6 28 transmission equipment.
6 29 5. Impose environmental testing, sampling, or monitoring
6 30 requirements, or other compliance measures, for radio frequency
6 31 emissions from transmission equipment that are categorically
6 32 excluded under the federal communications commission's
6 33 rules for radio frequency emissions pursuant to 47 C.F.R.
6 34 {1.1307(b)(1).
6 35 6. Establish or enforce regulations or procedures for radio
7 1 frequency signal strength or the adequacy of service quality.
7 2 7. Reject an application, in whole or in part, based on
7 3 perceived or alleged environmental effects of radio frequency
7 4 emissions, as provided in 47 U.S.C. {332(c)(7)(B)(iv).
7 5 8. Prohibit the placement of emergency power systems that
7 6 comply with federal and state environmental requirements.
7 7 9. Charge an application fee, consulting fee, or other fee
7 8 associated with the submission, review, processing, or approval
7 9 of an application that is not required for similar types of
7 10 commercial development within the authority's jurisdiction.
7 11 Fees imposed by an authority or by a third=party entity
7 12 providing review or technical consultation to the authority
7 13 shall be based on actual, direct, and reasonable administrative
7 14 costs incurred for the review, processing, and approval of an
7 15 application. In no case shall total charges and fees exceed
7 16 five hundred dollars for an eligible facilities request or
7 17 three thousand dollars for an application for a new tower, for
7 18 the initial placement or installation of transmission equipment
7 19 on a wireless support structure, for a modification of an
7 20 existing tower or existing base station that constitutes a
7 21 substantial change to an existing tower or base station, or any
7 22 other application to construct or place transmission equipment
7 23 that does not constitute an eligible facilities request. An
7 24 authority or any third=party entity shall not include within
7 25 its charges any travel expenses incurred in the review of an
7 26 application, and an applicant shall not be required to pay or
7 27 reimburse an authority for consultant or other third=party fees
7 28 based on a contingency or result=based arrangement.
7 29 10. Impose surety requirements, including bonds,
7 30 escrow deposits, letters of credit, or any other type
7 31 of financial surety, to ensure that abandoned or unused
7 32 towers or transmission equipment can be removed unless the
7 33 authority imposes similar requirements on other applicants
7 34 for other types of commercial development or land uses. If
7 35 surety requirements are imposed, the requirements must be
8 1 competitively neutral, nondiscriminatory, reasonable in
8 2 amount, and commensurate with the historical record for local
8 3 facilities and structures that are abandoned.
8 4 11. Condition the approval of an application on the
8 5 applicant's agreement to provide space on or near the tower,
8 6 base station, or wireless support structure for authority or
8 7 local governmental or nongovernmental services at less than the
8 8 market rate for such space or to provide other services via the
8 9 structure or facilities at less than the market rate for such
8 10 services.
8 11 12. Limit the duration of the approval of an application,
8 12 except that construction of the approved structure or
8 13 facilities shall be commenced within two years of final
8 14 approval, including the disposition of any appeals, and
8 15 diligently pursued to completion.
8 16 13. Discriminate on the basis of the ownership, including
8 17 ownership by the authority, of any property, structure, or
8 18 tower when promulgating rules or procedures for siting wireless
8 19 facilities or for evaluating applications.
8 20 Sec. 4. NEW SECTION. 8C.4 Uniform rules ==== new tower
8 21 applications.
8 22 1. An authority may exercise zoning, land use, planning,
8 23 and permitting authority within the authority's territorial
8 24 boundaries with regard to the siting of new towers, subject to
8 25 the provisions of this chapter and federal law.
8 26 2. An applicant that proposes to construct a new tower
8 27 within the jurisdiction of an authority that has adopted
8 28 planning and zoning regulations shall submit the necessary
8 29 copies and attachments of the application to the appropriate
8 30 authority and comply with applicable local ordinances
8 31 concerning land use and the appropriate permitting processes.
8 32 3. All records, documents, and electronic data, except
8 33 the name of the applicant and the location of the proposed
8 34 project, in the possession or custody of authority personnel
8 35 shall be considered confidential trade secrets as provided for
9 1 in section 22.7, subsection 3.
9 2 4. An authority, within one hundred fifty calendar days
9 3 of receiving an application to construct a new tower, unless
9 4 another date is specified in a written agreement between the
9 5 authority and the applicant, shall comply with the following
9 6 provisions:
9 7 a. Review the application for conformity with applicable
9 8 local zoning regulations, building permit requirements, and
9 9 consistency with this chapter. An application is deemed to
9 10 be complete unless the authority notifies the applicant in
9 11 writing, within thirty calendar days of submission of the
9 12 application, specifying the deficiencies in the application
9 13 which, if cured, would make the application complete. The
9 14 authority's timeframe to review the application is tolled
9 15 beginning the date the notice is sent. The authority's
9 16 timeframe of one hundred fifty days for review of the
9 17 application begins running again when the applicant cures the
9 18 specified deficiencies. Following the applicant's supplemental
9 19 submission, the authority has ten days to notify the
9 20 applicant that the supplemental submission did not provide the
9 21 information identified in the original notice that specified
9 22 deficiencies in the application. The authority's timeframe of
9 23 one hundred fifty days to review the application is tolled in
9 24 the case of second or subsequent notices in conformance with
9 25 this paragraph. The authority shall not include deficiencies
9 26 in a second or subsequent notice that were not delineated in
9 27 the original notice. The authority's timeframe for review does
9 28 not toll if the authority requests information regarding any of
9 29 the considerations an authority may not consider as described
9 30 in section 8C.3.
9 31 b. Make its final decision to approve or disapprove the
9 32 application.
9 33 c. Advise the applicant in writing of its final decision.
9 34 5. If the authority fails to act on an application to
9 35 construct a new tower within the timeframe for review specified
10 1 under subsection 4, the application shall be deemed approved.
10 2 6. A party aggrieved by the final action of an authority,
10 3 either by its affirmative disapproval of an application under
10 4 the provisions of this section or by its inaction, may bring an
10 5 action for review in any court of competent jurisdiction.
10 6 Sec. 5. NEW SECTION. 8C.5 Uniform rules for certain
10 7 changes.
10 8 1. An authority may exercise zoning, land use, planning,
10 9 and permitting authority within the authority's territorial
10 10 boundaries with regard to an application for initial placement
10 11 or installation of transmission equipment on wireless support
10 12 structures, for modification of an existing tower or existing
10 13 base station that constitutes a substantial change, or for a
10 14 request for construction or placement of transmission equipment
10 15 that does not constitute an eligible facilities request,
10 16 subject to the provisions of this chapter and federal law.
10 17 2. An applicant that proposes an initial placement or
10 18 installation of transmission equipment on wireless support
10 19 structures, a modification of an existing tower or existing
10 20 base station that constitutes a substantial change, or a
10 21 request for construction or placement of transmission equipment
10 22 that does not constitute an eligible facilities request, within
10 23 the jurisdiction of an authority that has adopted planning
10 24 and zoning ordinances, rules, or regulations shall submit the
10 25 necessary copies and attachments of the application to the
10 26 authority and comply with such applicable local ordinances,
10 27 rules, or regulations concerning land use and zoning and the
10 28 appropriate local permitting processes.
10 29 3. All records, including but not limited to documents and
10 30 electronic data, in the possession or custody of authority
10 31 personnel shall be considered confidential trade secrets as
10 32 provided for in section 22.7, subsection 3.
10 33 4. An authority, within ninety calendar days of receiving an
10 34 application pursuant to subsection 2, unless another date is
10 35 specified in a written agreement between the authority and the
11 1 applicant, shall comply with the following provisions:
11 2 a. Review the application for conformity with applicable
11 3 local zoning ordinances, rules, or regulations, building
11 4 permit requirements, and consistency with this chapter. An
11 5 application is deemed to be complete unless the authority
11 6 notifies the applicant in writing, within thirty calendar
11 7 days of submission of the application, specifying the
11 8 deficiencies in the application which, if cured, would make
11 9 the application complete. The authority's timeframe for
11 10 review is tolled beginning the date the notice is sent. The
11 11 authority's ninety=day timeframe for review of the application
11 12 begins running again when the applicant cures the specified
11 13 deficiencies. Following the applicant's supplemental
11 14 submission, the authority has ten days to notify the
11 15 applicant that the supplemental submission did not provide the
11 16 information identified in the original notice that specified
11 17 deficiencies. The authority's ninety=day timeframe to review
11 18 the application is tolled in the case of second or subsequent
11 19 notices in conformance with this paragraph. The authority
11 20 shall not include deficiencies in a second or subsequent
11 21 notice that were not delineated in the original notice. The
11 22 authority's ninety=day timeframe for review does not toll
11 23 if the authority requests information regarding any of the
11 24 considerations an authority may not consider as described in
11 25 section 8C.3.
11 26 b. Make its final decision to approve or disapprove the
11 27 application.
11 28 c. Advise the applicant in writing of its final decision.
11 29 5. If the authority fails to act on an application for an
11 30 initial placement or installation of transmission equipment on
11 31 wireless support structures, for a modification of an existing
11 32 tower or existing base station that constitutes a substantial
11 33 change, or for a request for construction or placement of
11 34 transmission equipment that does not constitute an eligible
11 35 facilities request within the review period specified under
12 1 subsection 4, the application shall be deemed approved.
12 2 6. A party aggrieved by the final action of an authority,
12 3 either by its affirmative disapproval of an application under
12 4 the provisions of this section or by its inaction, may bring an
12 5 action for review in any court of competent jurisdiction.
12 6 Sec. 6. NEW SECTION. 8C.6 Use of public lands for towers
12 7 and transmission equipment.
12 8 1. In accordance with other applicable laws, when entering
12 9 into a lease with an applicant for the applicant's use of
12 10 public lands, an authority shall offer the market rate value
12 11 for use of that land. The term of the lease shall be for at
12 12 least twenty years.
12 13 2. a. If the authority and the applicant cannot agree
12 14 on the market rate for lease of the public land and cannot
12 15 agree on the process to derive the market rate, the appraisals
12 16 of a three=person panel of appraisers shall determine the
12 17 market rate. Each party will appoint one appraiser and the
12 18 two appointed appraisers shall select a third appraiser. Each
12 19 appraiser shall independently appraise the appropriate market
12 20 rate for lease of the land. The market rate shall be set at
12 21 the median value between the highest and lowest market rates
12 22 determined by the three independent appraisers. However, if
12 23 the median between the appraisals of the appraisers appointed
12 24 by each party is greater than or less than ten percent of the
12 25 appraisal of the appraiser selected by the two appraisers, then
12 26 the appraisal of the appraiser selected by the two appraisers
12 27 shall determine the rate for the lease. Each appraiser
12 28 shall send a copy of the appraisal to the authority and the
12 29 applicant. The authority shall use the appraisal process under
12 30 this paragraph to determine the lease rate for purposes of this
12 31 subsection.
12 32 0b. An authority shall approve or reject the lease rate as
12 33 determined by the appraisal process pursuant to paragraph "a"
12 34 within fifteen days following completion and receipt of the
12 35 appraisals obtained pursuant to paragraph "a". The authority's
13 1 failure to reject the lease rate as determined by the appraisal
13 2 process within fifteen days constitutes approval of the lease
13 3 rate determined pursuant to paragraph "a" as the market rate
13 4 value for the use of the land for purposes of the lease between
13 5 the authority and the applicant.
13 6 b. The authority and applicant shall conclude the appraisal
13 7 process within one hundred fifty calendar days from the date
13 8 the applicant first offered a proposed lease rate to the
13 9 authority.
13 10 c. If using the three=person panel, each party shall bear
13 11 the cost of its own appointed appraiser and equally share the
13 12 cost of the third appraiser.
13 13 Sec. 7. NEW SECTION. 8C.7 Utility poles.
13 14 Notwithstanding any provision to the contrary, an authority
13 15 shall not mandate, require, or regulate the installation,
13 16 location, or use of transmission equipment on a utility pole.
13 17 Sec. 8. NEW SECTION. 8C.8 Application and construction.
13 18 This chapter shall not be construed as:
13 19 1. Prohibiting an airport or authority from administering
13 20 and enforcing airport zoning pursuant to the provisions of
13 21 chapter 329 for the protection of navigable airspace.
13 22 2. Infringing upon the jurisdiction of a commission, as
13 23 defined in section 303.20, to approve or deny applications
13 24 for proposed alterations to exterior features within an area
13 25 designated as an area of historical significance.
13 26 3. Infringing upon the jurisdiction of a city or county,
13 27 or any other entity authorized by statute, to approve or deny
13 28 applications for proposed alterations to exterior features of
13 29 designated local historic landmarks.
13 30 DIVISION II
13 31 REINVESTMENT DISTRICTS AND FLOOD MITIGATION
13 32 Sec. 9. Section 15J.4, subsection 3, paragraph a, Code 2015,
13 33 is amended to read as follows:
13 34 a. The municipality shall submit a copy of the resolution,
13 35 the proposed district plan, and all accompanying materials
14 1 adopted pursuant to this section to the board for evaluation.
14 2 The board shall not approve a proposed district plan or an
14 3 amendment to an existing district's plan on or after July 1,
14 4 2018.
14 5 Sec. 10. Section 28F.12, Code 2015, is amended to read as
14 6 follows:
14 7 28F.12 Additional powers of the entity.
14 8 1. If the entity is comprised solely of cities, counties,
14 9 and sanitary districts established under chapter 358, or any
14 10 combination thereof, the entity shall have in addition to all
14 11 the powers enumerated in this chapter, the powers which that a
14 12 county has with respect to solid waste disposal projects.
14 13 2. If the entity is comprised solely of cities, counties,
14 14 and sanitary districts established under chapter 358, or any
14 15 combination thereof, it is a governmental entity with respect
14 16 to projects undertaken pursuant to chapter 418 and may exercise
14 17 all of the powers of a governmental entity under that chapter
14 18 in connection with the flood mitigation project. Unless
14 19 otherwise provided in chapter 418, if undertaking a flood
14 20 mitigation project as a governmental entity under chapter
14 21 418, the provisions of chapter 418 shall prevail over any
14 22 conflicting provision in this chapter.
14 23 Sec. 11. Section 418.1, subsection 4, paragraph c,
14 24 unnumbered paragraph 1, Code 2015, is amended to read as
14 25 follows:
14 26 A joint board or other legal or administrative entity
14 27 established or designated in an agreement pursuant to chapter
14 28 28E or 28F between any of the following:
14 29 Sec. 12. Section 418.1, subsection 4, paragraph c, Code
14 30 2015, is amended by adding the following new subparagraph:
14 31 NEW SUBPARAGRAPH. (4) One or more counties, one or more
14 32 cities that are located in whole or in part within those
14 33 counties, and one or more sanitary districts established under
14 34 chapter 358 or a combined water and sanitary district as
14 35 provided for in sections 357.1B and 358.1B, located in whole or
15 1 in part within those counties.
15 2 Sec. 13. Section 418.4, subsection 1, paragraph b, Code
15 3 2015, is amended to read as follows:
15 4 b. A governmental entity as defined in section 418.1,
15 5 subsection 4, paragraph "c", shall have the power to construct,
15 6 acquire, own, repair, improve, operate, and maintain a project,
15 7 may sue and be sued, contract, and acquire and hold real and
15 8 personal property, subject to the limitation in paragraph
15 9 "c", and shall have such other powers as may be included in
15 10 the chapter 28E or 28F agreement. Such a governmental entity
15 11 may contract with a city or the county participating in the
15 12 chapter 28E agreement to perform any governmental service,
15 13 activity, or undertaking that the city or county is authorized
15 14 by law to perform, including but not limited to contracts for
15 15 administrative services.
15 16 Sec. 14. Section 418.11, subsection 3, paragraph c, Code
15 17 2015, is amended to read as follows:
15 18 c. For projects approved for a governmental entity as
15 19 defined in section 418.1, subsection 4, paragraph "c", the
15 20 area used to determine the sales tax increment shall include
15 21 the incorporated areas of each participating city that is
15 22 participating in the chapter 28E agreement, the unincorporated
15 23 areas of the each participating county, and the area of any
15 24 participating drainage district not otherwise included in
15 25 the areas of the participating cities or county, and the
15 26 area served by any sanitary district or combined water and
15 27 sanitary district and not otherwise included in the areas of
15 28 the participating cities or counties, as applicable.
15 29 Sec. 15. Section 418.11, subsection 3, Code 2015, is amended
15 30 by adding the following new paragraph:
15 31 NEW PARAGRAPH. d. For all projects, the area used to
15 32 determine the sales tax increment shall not include any parcels
15 33 of real property that are included in a reinvestment district
15 34 designated pursuant to chapter 15J.
15 35 Sec. 16. Section 418.14, subsection 3, paragraph a, Code
16 1 2015, is amended to read as follows:
16 2 a. Except as otherwise provided in this section, bonds
16 3 issued pursuant to this section shall not be subject to
16 4 the provisions of any other law or charter relating to the
16 5 authorization, issuance, or sale of bonds. Bonds issued under
16 6 this section shall not limit or restrict the authority of a
16 7 governmental entity as defined in section 418.1, subsection 4,
16 8 paragraphs "a" and "b", or a city, county, or drainage district,
16 9 sanitary district, or combined water and sanitary district
16 10 participating in a governmental entity as defined in section
16 11 418.1, subsection 4, paragraph "c", to issue bonds for the
16 12 project under other provisions of the Code.
16 13 Sec. 17. Section 418.14, subsection 4, paragraph b, Code
16 14 2015, is amended to read as follows:
16 15 b. If the moneys in the governmental entity's flood project
16 16 fund are insufficient to pay the governmental entity's costs
16 17 related to bonds, notes, or other obligations issued under
16 18 this chapter, the amounts necessary to pay such costs may
16 19 be levied and transferred for deposit in the governmental
16 20 entity's flood project fund from the debt service fund of the
16 21 governmental entity or, if applicable, the debt service fund
16 22 of a participating city or county for a governmental entity as
16 23 defined in section 418.1, subsection 4, paragraph "c", but only
16 24 if and to the extent provided in the resolution authorizing the
16 25 issuance of bonds and, if applicable, the chapter 28E or 28F
16 26 agreement.
16 27 Sec. 18. Section 418.15, subsection 4, Code 2015, is amended
16 28 to read as follows:
16 29 4. All property and improvements acquired by a governmental
16 30 entity as defined in section 418.1, subsection 4, paragraph
16 31 "c", relating to a project shall be transferred to the county,
16 32 city, or drainage district, sanitary district, or combined
16 33 water and sanitary district designated in the chapter 28E or
16 34 28F agreement to receive such property and improvements. The
16 35 county, city, or drainage district, sanitary district, or
17 1 combined water and sanitary district to which such property or
17 2 improvements are transferred shall, unless otherwise provided
17 3 in the chapter 28E or 28F agreement, be solely responsible
17 4 for the ongoing maintenance and support of such property and
17 5 improvements.
17 6 Sec. 19. Section 423.2, subsection 11, paragraph b, Code
17 7 2015, is amended by adding the following new subparagraph:
17 8 NEW SUBPARAGRAPH. (05) Beginning the first day of the
17 9 calendar quarter beginning on the reinvestment district's
17 10 commencement date, subject to remittance limitations
17 11 established by the economic development authority board
17 12 pursuant to section 15J.4, subsection 3, transfer to a district
17 13 account created in the state reinvestment district fund for
17 14 each reinvestment district established under chapter 15J, the
17 15 amount of new state sales tax revenue, determined in section
17 16 15J.5, subsection 1, paragraph "b", in the district, that
17 17 remains after the prior transfers required under this paragraph
17 18 "b". Such transfers shall cease pursuant to section 15J.8.
17 19 Sec. 20. Section 423.2, subsection 11, paragraph b,
17 20 subparagraph (6), Code 2015, is amended by striking the
17 21 subparagraph.
17 22 Sec. 21. Section 423.2, Code 2015, is amended by adding the
17 23 following new subsection:
17 24 NEW SUBSECTION. 11A. Of the amount of sales tax revenue
17 25 actually transferred per quarter pursuant to subsection 11,
17 26 paragraph "b", subparagraphs (05) and (5), the department shall
17 27 retain an amount equal to the actual cost of administering the
17 28 transfers under subsection 11, paragraph "b", subparagraphs
17 29 (05) and (5), or twenty=five thousand dollars, whichever is
17 30 less. The amount retained by the department pursuant to this
17 31 subsection shall be divided pro rata each quarter between the
17 32 amounts that would have been transferred pursuant to subsection
17 33 11, paragraph "b", subparagraphs (05) and (5), without the
17 34 deduction made by operation of this subsection. Revenues
17 35 retained by the department pursuant to this subsection shall be
18 1 considered repayment receipts as defined in section 8.2.
18 2 Sec. 22. EFFECTIVE UPON ENACTMENT. This division of this
18 3 Act, being deemed of immediate importance, takes effect upon
18 4 enactment.
18 5 Sec. 23. RETROACTIVE AND OTHER APPLICABILITY.
18 6 1. Except as provided in subsection 3, this division of this
18 7 Act applies retroactively to reinvestment districts designated
18 8 under chapter 15J in existence on or after July 1, 2014.
18 9 2. Except as provided in subsection 3, this division of
18 10 this Act applies to flood mitigation project plan applications
18 11 received under chapter 418 before, on, or after the effective
18 12 date of this division of this Act.
18 13 3. The sections of this division of this Act amending
18 14 section 423.2, subsection 11, and enacting section 423.2,
18 15 subsection 11A, apply to transfers of sales tax revenues made
18 16 on or after July 1, 2015.
HF 655 (5) 86
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