reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 199 - Uniform Waiver Rules › Rule 261-199.3 - Requesters Responsibilities in Filing a Waiver Petition

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Petition.
All petitions
				for waiver must be submitted in writing to the Iowa Economic Development
				Authority, Office of the Director, 1963 Bell Avenue, Suite 200, Des Moines,
				Iowa 50315, Attention: Legal Counsel. Petitions for waiver may be delivered,
				mailed, or sent by email or other electronic means reasonably calculated to
				reach the intended recipient. If the petition relates to a pending contested
				case, a copy of the petition shall also be filed in the contested case
				proceeding.
(2)
Content of
				petition.
A petition for waiver shall include the following
				information where applicable and known to the requester (for an example of a
				petition for waiver, see Exhibit A at the end of this chapter):
a. A description and citation of the specific
				rule from which a waiver is requested.
b. The specific waiver requested, including
				the precise scope and operative period that the waiver will extend.
c. The relevant facts that the petitioner
				believes would justify a waiver.
d.
				A signed statement from the petitioner attesting to the accuracy of the facts
				provided in the petition, and a statement of reasons that the petitioner
				believes will justify a waiver.
e.
				A history of any prior contacts between the authority and the petitioner
				relating to the regulated activity, license, grant, loan or other financial
				assistance affected by the proposed waiver, including a description of each
				affected license, grant, loan or other financial assistance held by the
				requester, any notices of violation, contested case hearings, or investigative
				reports relating to the regulated activity, license, grant or loan within the
				last five years.
f. Any information
				known to the requester regarding the authority's treatment of similar
				cases.
g. The name, address, and
				telephone number of any public agency or political subdivision which also
				regulates the activity in question, or which might be affected by the grant of
				a waiver.
h. The name, address, and
				telephone number of any person or entity who would be adversely affected by the
				grant of a petition.
i. The name,
				address, and telephone number of any person with knowledge of the relevant
				facts relating to the proposed waiver.
j. Signed releases of information authorizing
				persons with knowledge regarding the request to furnish the authority with
				information relevant to the waiver.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 199 - Uniform Waiver Rules › Rule 261-199.4 - Notice

Current through Register Vol. 47, No. 3, July 24, 2024
The authority shall acknowledge a petition upon receipt. The
				  authority shall ensure that notice of the pendency of the petition and a
				  concise summary of its contents have been provided to all persons to whom
				  notice is required by any provision of law, within 30 days of the receipt of
				  the petition. In addition, the authority may give notice to other persons. To
				  accomplish this notice provision, the authority may require the petitioner to
				  serve the notice on all persons to whom notice is required by any provision of
				  law or who may be impacted by the requested waiver, and provide a written
				  statement to the authority attesting that notice has been
				  provided.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 199 - Uniform Waiver Rules › Rule 261-199.5 - Authority Responsibilities Regarding Petition for Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Additional information.
Prior to issuing an order granting or denying a waiver, the director/board may
				request additional information from the petitioner relative to the petition and
				surrounding circumstances. If the petition was not filed in a contested case,
				the director/board may, on its own motion or at the petitioner's request,
				schedule a telephonic or in-person meeting between the petitioner and the
				director/board, the director's/board's designee, a committee of the board, or a
				quorum of the board.
(2)
Hearing procedures.
The provisions of Iowa Code sections
				17A.10 to
				17A.18A
				regarding contested case hearings shall apply in three situations:
(a) to any petition for a waiver of rule
				filed within a contested case;
(b)
				when the director/board so provides by rule or order; or
(c) when a statute so requires.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 199 - Uniform Waiver Rules › Rule 261-199.6 - Submission of Waiver Information

Current through Register Vol. 47, No. 3, July 24, 2024
Within 60 days of granting or denying a waiver, the authority
				  shall make a submission on the Internet site established pursuant to Iowa Code
				  section
				  17A.9A for the submission
				  of waiver information. The submission shall identify the rule(s) for which a
				  waiver has been granted or denied, the number of times a waiver was granted or
				  denied for each rule, a citation to the statutory provisions implemented by
				  these rules, and a general summary of the reasons justifying the authority's
				  actions on waiver requests. If practicable, the report shall detail the extent
				  to which granting a waiver has established a precedent for additional waivers
				  and the extent to which the granting of a waiver has affected the general
				  applicability of the rule itself.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 199 - Uniform Waiver Rules › Rule 261-199.7 - Voiding or Cancellation

Current through Register Vol. 47, No. 3, July 24, 2024
A waiver is void if the material facts upon which the request
				  is based are not true or if material facts have been withheld. The
				  director/board may at any time cancel a waiver upon appropriate notice if the
				  director/board finds that the facts as stated in the request are not true,
				  material facts have been withheld, the alternative means of compliance provided
				  in the waiver have failed to achieve the objectives of the statute, or the
				  requester has failed to comply with the conditions of the
				  order.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 199 - Uniform Waiver Rules › Rule 261-199.8 - Violations

Current through Register Vol. 47, No. 3, July 24, 2024
Violation of conditions in the waiver approval is the
				  equivalent of violation of the particular rule for which the waiver is granted
				  and is subject to the same remedies or penalties.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IX - Uniform Procedures: Records, Rule Making, Declaratory Orders, Rule Waivers › Chapter 199 - Uniform Waiver Rules › Rule 261-199.9 - Defense

Current through Register Vol. 47, No. 3, July 24, 2024
After the director/board issues an order granting a waiver,
				  the order is a defense within its terms and the specific facts indicated
				  therein for the person to whom the order pertains in any proceeding in which
				  the rule in question is sought to be invoked.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part X - Rural Housing Needs Assessment Grant Program › Chapter 200 - Reinvestment Districts Program › Rule 261-200.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The board is authorized by the general assembly and the
				  governor to oversee the implementation and administration of certain provisions
				  of the Iowa reinvestment Act, which was enacted in 2013 Iowa Acts, House File
				  641, and amended by 2020 Iowa Acts, House File 2641. The purpose of this
				  chapter is to describe the manner in which the authority's part of the program
				  will be administered. The program provides for as much as $100 million in state
				  hotel and motel and state sales tax revenues generated by new
				  revenue-generating projects in certain districts to be "reinvested" within
				  those districts for districts approved on or before July 1, 2018, and provides
				  as much as $ 100 million for districts approved after July 1, 2020. In general,
				  the authority has the responsibility to evaluate projects and make funding
				  decisions while the department of revenue has the responsibility for collecting
				  the tax revenues used to fund projects under the program and making payments to
				  municipalities. To the greatest extent possible, the board will fund projects
				  in districts that are the most likely (1) to improve the quality of life of the
				  municipality, the surrounding region, and the state as a whole; (2) to be
				  unique to the municipality, the surrounding region, and the state as a whole;
				  and (3) to substantially benefit the economy of the municipality, the
				  surrounding region, and the state as a whole.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part X - Rural Housing Needs Assessment Grant Program › Chapter 200 - Reinvestment Districts Program › Rule 261-200.3 - Program Overview

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
The reinvestment districts program provides for new
				tax revenues generated by revenue-generating projects in certain districts to
				be "reinvested" within those districts. The program allows municipalities to
				designate areas within their corporate boundaries as reinvestment districts and
				to use new tax revenues collected within the district to finance the
				development of projects within the district. The authority and the board will
				take applications from municipalities for designation as a district and will
				consider and approve eligible applicants for funding under the
				program.
(2)
Preapplication, provisional decisions, and final approval.
Each fiscal year in which funding is available, the authority will accept
				applications for assistance under the program. The program includes a
				preapplication process, a scoring process, a provisional funding decision, and
				a final board approval process.
(3)
District establishment and financing.
a. Upon final approval of a plan, a
				municipality shall establish a district and notify the department that new tax
				revenues may be deposited in a fund under the program as described in subrule
				200.8(1). The collection and deposit of new tax revenues by the department
				begins only after final approval of the proposed district plan and the
				establishment of the district's maximum benefit amount and commencement
				date.
b. For districts established
				before July 1, 2020, the department will deposit in a fund 4 percent of the
				amount of retail sales subject to the state sales tax collected by new retail
				establishments within the district and 5 percent of the amount of sales subject
				to the state hotel and motel tax collected by new lessors within the
				district.
c. For districts
				established after July 1, 2020, the department will deposit in a fund:
(1) Four percent of the remainder of amount
				of sales subject to the state sales tax in the district during the quarter from
				new retail establishments minus the sum of the sales from the corresponding
				quarter of the 12-month period preceding establishment of the district, for new
				retail establishments identified under subparagraph
				200.8(1)
"c"(3)
that were in operation at the end of the
				quarter; and
(2) Five percent of
				the remainder of amount of sales subject to the state hotel and motel tax in
				the district during the quarter from new lessors minus the sum of the sales
				from the corresponding quarter of the 12-month period preceding establishment
				of the district, for new lessors identified under subparagraph
				200.8(1)
"c"(4)
that were in operation at the end of the
				quarter.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part X - Rural Housing Needs Assessment Grant Program › Chapter 200 - Reinvestment Districts Program › Rule 261-200.5 - Program Eligibility and Application Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
To be eligible for benefits under the program, an applicant
				  shall meet all of the following requirements:
(1)
Area suitable for
				development.
An applicant must be a municipality and must have an area
				suitable for development within the boundaries of the municipality, or, in the
				case of a joint board, the combined boundaries of the incorporated cities or
				counties that established or designated the joint board, that has been proposed
				for designation as a reinvestment district under the program. Only areas that
				meet the following requirements will be approved for designation as a
				reinvestment district:
a. The area must
				consist only of parcels of real property that the governing body of the
				municipality determines will be directly and substantially benefited by
				development in the proposed district. In order to establish that this criterion
				is met, a municipality should submit information such as an estimate of the
				expected increase in valuation or other data that lends itself to a
				quantitative assessment of the extent to which the real property will
				benefit.
b. The area must be in
				whole or in part either an economic development enterprise zone designated
				under 2014 Iowa Code chapter 15E, division XVIII, immediately prior to July 1,
				2014, or an urban renewal area established pursuant to Iowa Code chapter 403.
				In order to establish that this criterion is met, a municipality should submit
				maps of the proposed area as well as maps of the existing enterprise zone or
				urban renewal area. A municipality should also submit copies of the local
				ordinance or resolution establishing the enterprise zone or the urban renewal
				area.
c. For districts approved
				before July 1,2018, the area must consist of contiguous parcels and must not
				exceed 25 acres in total. For districts approved after July 1,2020, the area
				must consist of contiguous parcels and must not exceed 75 acres in total. For
				purposes of this subrule, "contiguous" means parcels that are physically
				connected. Parcels connected by streets or other rights-of-way will be
				considered physically connected for purposes of this rule. In designating an
				area that includes a right-of-way, an applicant may include an area that is
				less than the full width of the right-of-way, but the applicant shall not
				include less than 60 feet of the right-of-way's width.
d. For a municipality that is a city or for a
				city that has established or designated a joint board, the area must not
				include the entire incorporated area of the city.
e. The area must not be located in whole or
				in part within another district established under this chapter.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part X - Rural Housing Needs Assessment Grant Program › Chapter 200 - Reinvestment Districts Program › Rule 261-200.7 - Final Application and Approval Process.

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Final application
				required.
a. An applicant that
				receives a provisional funding decision must submit a final application to the
				board within one year of the submission of the preapplication. An applicant
				that does not file a final application within that time will be scored again
				with all other applicants who file in the next annual filing window.
b. A final application shall meet all the
				requirements described in rule
				261-200.5 (15J).
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part X - Rural Housing Needs Assessment Grant Program › Chapter 200 - Reinvestment Districts Program › Rule 261-200.8 - Adoption of Ordinance and Use of Funds

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Adoption of ordinance
				establishing a district and notice to department.
a. Upon receiving approval by the board of
				the final application pursuant to rule
				261-200.7 (15J), the
				municipality shall adopt an ordinance, or, in the case of a joint board, a
				resolution, establishing the district.
b. For each district approved by the board
				before July 1,2018, the ordinance or resolution adopted by the municipality
				shall include:
(1) The district's commencement
				date; and
(2) A detailed statement
				of the manner in which the approved projects to be undertaken in the district
				will be financed, including but not limited to the financial information
				included in the project plan.
c. For each district approved by the board
				after July 1, 2020, the ordinance or resolution shall include:
(1) The district's commencement
				date;
(2) A detailed statement of
				the manner in which the approved projects to be undertaken in the district will
				be financed, including but not limited to the financial information included in
				the project plan;
(3) For each new
				retail establishment that was in operation before the establishment of the
				district, the monthly amount of sales subject to the state sales tax from the
				most recently available 12-month period preceding adoption of the ordinance or
				resolution; and
(4) For each new
				lessor that was in operation before the establishment of the district, the
				monthly amount of sales subject to the state hotel and motel tax from the most
				recently available 12-month period preceding adoption of the ordinance or
				resolution.
d. For each
				district approved by the board before July 1, 2018, the municipality shall
				notify the director of revenue of the district's commencement date established
				by the board no later than 30 days after adoption of the ordinance or
				resolution establishing the district. For each district approved by the board
				after July 1,2020, the municipality shall provide a copy of the ordinance or
				resolution establishing the district to the director of revenue no later than
				30 days after adoption of the ordinance or resolution.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part X - Rural Housing Needs Assessment Grant Program › Chapter 200 - Reinvestment Districts Program › Rule 261-200.9 - Plan Amendments and Reporting.

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Plan amendments.
a. A municipality may request an amendment to
				an approved district plan to add or modify projects. However, a proposed
				modification to a project, and each project proposed to be added, must first be
				approved by the board in the same manner as provided for the original plan,
				including updated or amended feasibility and economic impact studies as
				necessary. An applicant requesting a plan amendment is not required to file a
				preapplication pursuant to rule
				261-200.4 (15J) unless the
				amendment would increase the maximum benefit amount. A plan amendment request
				that does not increase the maximum benefit amount may be requested at any
				time.
b. There is no circumstance
				in which the board will approve an amendment to a district plan if that
				amendment would result in the extension of the final commencement date
				established by the board. A request to extend a district's established
				commencement date will be rejected.
c. If a district plan is amended to add or
				modify a project, the municipality shall, if necessary, amend the ordinance or
				resolution, as applicable, to reflect any changes to the financial information
				required to be included under the program.
d. If, after final approval and establishment
				of the district, a municipality is unable to carry out development of all the
				projects proposed to be undertaken in a district, the municipality shall seek a
				modification to the plan. If a requested plan amendment would reduce capital
				investment in a district or remove one or more of the projects originally
				approved for the district, the board in its discretion may reduce, rescind, or
				otherwise modify the maximum benefit amount accordingly.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part X - Rural Housing Needs Assessment Grant Program › Chapter 200 - Reinvestment Districts Program › Rule 261-200.10 - Cessation of Deposits, District Dissolution, and Requests for Extension

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Cessation of deposits.
As of the date 20 years after the
				district's commencement date, the department will cease to deposit new tax
				revenues into the district's account unless the municipality dissolves the
				district by ordinance or resolution prior to that date or the board has
				approved an extension pursuant to subrule 200.10(3). Once the maximum benefit
				amount approved by the board for the district has been reached, the department
				will cease to deposit new tax revenues into the district's account. If a
				district reaches the maximum benefit amount, the department will notify the
				municipality within a reasonable amount of time.
(2)
District dissolution.
If
				a municipality dissolves a district by ordinance or resolution prior to the
				expiration of the 20-year period, the municipality shall notify the director of
				revenue of the dissolution as soon as practicable after adoption of the
				ordinance or resolution, and the department shall, as of the effective date of
				dissolution, cease to deposit state sales tax revenues and state hotel and
				motel tax revenues into the district's account within the fund. If a
				municipality is notified that its maximum benefit amount has been reached, the
				municipality shall dissolve the district by ordinance or resolution as soon as
				practicable after notification.
(3)
Requests for extension.
Upon request of the municipality prior
				to the dissolution of the district, and following a determination by the board
				that the amounts of new state sales tax revenue and new state hotel and motel
				tax revenue deposited in the municipality's reinvestment project fund are
				substantially lower than the maximum benefit amount, the board may extend the
				district's 20-year period of time for depositing and receiving revenues by up
				to five additional years if such an extension is in the best interest of the
				public.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part X - Rural Housing Needs Assessment Grant Program › Chapter 211 - Community Attraction and Tourism (CAT) Programs › Rule 261-211.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The community attraction and tourism programs are designed to
				  assist communities in the development and creation of multiple-purpose
				  attraction and tourism facilities. The CAT programs include the CAT fund and
				  the RECAT fund. The rules in this division apply to all applications and awards
				  from the CAT and RECAT funds.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part X - Rural Housing Needs Assessment Grant Program › Chapter 211 - Community Attraction and Tourism (CAT) Programs › Rule 261-211.3 - Forms of Assistance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Community attraction and tourism
-
CAT.
The CAT
				program provides financial assistance for community-sponsored attraction and
				tourism projects.
(2)
River
				enhancement community attraction and tourism
-
RECAT.
The RECAT program provides financial assistance for projects that create or
				enhance recreational opportunities and community attractions on and near lakes
				or rivers or river corridors within cities.
(3)
Marketing component.
Rescinded IAB 4/8/20, effective 5/13/20.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part X - Rural Housing Needs Assessment Grant Program › Chapter 211 - Community Attraction and Tourism (CAT) Programs › Rule 261-211.4 - Eligible Applicants

Current through Register Vol. 47, No. 3, July 24, 2024
Eligible applicants for CAT and RECAT funds include cities,
				  counties, public organizations, and school districts in cooperation with a city
				  or county. Any eligible applicant may apply individually or jointly with
				  another eligible applicant or other eligible applicants. A school district must
				  apply jointly with a city or county.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part X - Rural Housing Needs Assessment Grant Program › Chapter 211 - Community Attraction and Tourism (CAT) Programs › Rule 261-211.5 - Eligible Projects

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Eligible projects provide recreational, cultural, entertainment and educational
				opportunities. Funded projects must position a community to take advantage of
				economic development opportunities in tourism and strengthen a community's
				competitiveness as a place to work and live. Completed projects must be open to
				the public for general use.
(2)
				Eligible CAT and RECAT projects must be primarily vertical infrastructure
				projects.
(3) The economic
				development authority board has the option of funding a component of a proposed
				project.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part X - Rural Housing Needs Assessment Grant Program › Chapter 211 - Community Attraction and Tourism (CAT) Programs › Rule 261-211.6 - Ineligible Projects

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				economic development authority board shall not approve an application for
				assistance under this program to refinance an existing loan.
(2) A recipient may not receive more than one
				CAT or RECAT award for a single project. However, previously funded projects
				may receive an additional award(s) if the applicant demonstrates that the
				funding is to be used for a significant expansion of the project or a new
				project.
(3) The economic
				development authority board shall not approve an application for assistance in
				which the combination of CAT or RECAT funding plus other state funds would
				constitute more than 50 percent of the total project costs.
(4) Work completed and costs incurred, except
				the acquisition of real estate, prior to the date of a potential CAT or RECAT
				award are ineligible for funding under the CAT programs.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part X - Rural Housing Needs Assessment Grant Program › Chapter 211 - Community Attraction and Tourism (CAT) Programs › Rule 261-211.7 - Application Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
At a minimum, CAT and RECAT applications must contain the
				  following information:
(1) The total
				capital investment of the project, including but not limited to costs for
				construction, site acquisition, and infrastructure improvement.
(2) The amount or percentage of local and
				private matching moneys which will be or have been provided for the project.
				Moneys raised at any time and not yet spent may be considered as local match.
				Up to 25 percent of the local match may be nonfinancial support.
(3) The total number of jobs to be created or
				retained by the project.
(4) The
				long-term tax-generating impact of the project.
(5) A joint application from a school
				district in cooperation with a city or county must demonstrate that the
				intended future use of the project shall be by both joint applicants.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part X - Rural Housing Needs Assessment Grant Program › Chapter 211 - Community Attraction and Tourism (CAT) Programs › Rule 261-211.8 - Application Review

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Authority
				staff will review CAT and RECAT applications to ensure the applications meet
				the threshold requirements set forth in subrule 211.8(2). All eligible
				applications will be forwarded to and reviewed by the economic development
				authority board. Applications that do not meet the threshold requirements will
				not be forwarded to the economic development authority board for
				review.
(2) Authority staff will
				review each application for the following information:
a. Local support for the proposed
				activity.
b. Whether the proposed
				project is primarily a vertical infrastructure project.
c. Certification from the applicant that the
				applicant will provide and pay for at least 50 percent of the cost of a
				standard medical insurance plan for all full-time employees working at the
				project after the completion of the project for which financial assistance was
				received.
d. At least 65 percent of
				the funds needed to complete the proposed project have been raised or pledged.
				Other state funds cannot be counted as match until the applicant can document
				that at least 50 percent of the funds have been raised.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part X - Rural Housing Needs Assessment Grant Program › Chapter 211 - Community Attraction and Tourism (CAT) Programs › Rule 261-211.9 - Application Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
Subject to availability of funds, applications will be
				  accepted by the board quarterly. Authority staff will review applications for
				  completeness and eligibility. A review, analysis and evaluation from the
				  authority staff will be submitted to the CAT and vision Iowa program review
				  committees of the board, which will then make a final recommendation to the
				  complete board for final approval, denial or deferral.
(1) Applicants must submit a notice of intent
				to apply on a form provided by the authority. The authority will send standard
				application forms to those applicants who have submitted a notice of intent to
				apply. The notice of intent to apply form will be available on the authority
				web page. The authority can waive this requirement for good cause.
(2) Authority staff may provide technical
				assistance as necessary. Authority staff and board members may conduct on-site
				evaluations of proposed projects.
(3) Applications shall include, at a minimum,
				the information detailed in application requirements.
(4) Incomplete or ineligible applications
				will not be forwarded to the board for review.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part X - Rural Housing Needs Assessment Grant Program › Chapter 211 - Community Attraction and Tourism (CAT) Programs › Rule 261-211.10 - Administration

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Administration of awards.
a.
				A contract shall be executed between the recipient and the economic development
				authority board. These rules and applicable state laws and regulations shall be
				part of the contract. The board reserves the right to negotiate terms and
				conditions of the contract.
b. The
				recipient must execute and return the contract to the economic development
				authority board within 45 days of transmittal of the final contract from the
				economic development authority board. Failure to do so may be cause for the
				economic development authority board to terminate the award.
c. Certain projects may require that permits
				or clearances be obtained from other state or local agencies before the project
				may proceed. Awards may be conditioned upon the timely completion of these
				requirements.
d. Awards may be
				conditioned upon commitment of other sources of funds necessary to complete the
				project.
e. Awards may be
				conditioned upon the authority's receipt and board approval of an
				implementation plan for the funded project.
f. The authority, with the approval of the
				chair or vice chair of the economic development authority board, reserves the
				right to make technical corrections that are within the intent of the terms of
				a board-approved award.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part X - Rural Housing Needs Assessment Grant Program › Chapter 211 - Community Attraction and Tourism (CAT) Programs › Rule 261-211.50 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
The rules in this division are in addition to the general
				  provisions of division I and only apply to the CAT fund.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part X - Rural Housing Needs Assessment Grant Program › Chapter 211 - Community Attraction and Tourism (CAT) Programs › Rule 261-211.51 - Allocation of Funds

Current through Register Vol. 47, No. 3, July 24, 2024
(1) One-third
				of the moneys shall be allocated to provide assistance to projects located in
				cities and counties which meet the following criteria:
a. A city which has a population of 10,000 or
				less according to the most recently published census.
b. A county which has a population that ranks
				in the bottom 33 counties according to the most recently published
				census.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part X - Rural Housing Needs Assessment Grant Program › Chapter 211 - Community Attraction and Tourism (CAT) Programs › Rule 261-211.101 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
The rules in this division are in addition to the general
				  provisions of division I and only apply to the RECAT fund.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part X - Rural Housing Needs Assessment Grant Program › Chapter 211 - Community Attraction and Tourism (CAT) Programs › Rule 261-211.102 - Application Contents

Current through Register Vol. 47, No. 3, July 24, 2024
Applications for RECAT projects shall include information
				  about the project's connection and interaction with a river, lake or river
				  corridor. "Lake" means a lake of which the state or a political subdivision
				  owns the lake bed up to the ordinary high water line and which is open to the
				  use of the general public.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part X - Rural Housing Needs Assessment Grant Program › Chapter 212 - Vision Iowa Program › Rule 261-212.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The vision Iowa board is charged by the Iowa legislature and
				  the governor with establishing, overseeing and providing approval of the
				  administration of the vision Iowa program, the community attraction and tourism
				  (CAT) program, and the river enhancement community attraction and tourism
				  (RECAT) fund. The board will encourage and support creative projects that
				  enhance the lives of lowans throughout the state, will encourage and support
				  visionary thinking in cities and towns and counties of all sizes and in all
				  areas, and will leverage state moneys as heavily as possible to attract funds
				  for these projects from other sources. The vision Iowa board will support
				  projects that build on Iowa's imique assets and values and expand the
				  recreational, cultural, educational, and entertainment opportunities in the
				  state.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part X - Rural Housing Needs Assessment Grant Program › Chapter 212 - Vision Iowa Program › Rule 261-212.3 - Allocation of Funds

Current through Register Vol. 47, No. 3, July 24, 2024
Except as otherwise noted in Iowa Code chapter 15F, all
				  vision Iowa funds shall be awarded for projects as specified in Iowa Code
				  section
				  1272..
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part X - Rural Housing Needs Assessment Grant Program › Chapter 212 - Vision Iowa Program › Rule 261-212.4 - Eligible Applicants

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Eligible applicants for vision Iowa funds include political subdivisions,
				public organizations, and school districts in cooperation with a city or
				county.
(2) Any eligible applicant
				may apply directly or on behalf of a subrecipient.
(3) Any eligible applicant may apply
				individually or jointly with another eligible applicant or other eligible
				applicants.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part X - Rural Housing Needs Assessment Grant Program › Chapter 212 - Vision Iowa Program › Rule 261-212.5 - Eligible Projects and Forms of Assistance

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Eligible projects include those which are
				related to a major tourism facility which would position a community to take
				advantage of economic development opportunities in tourism and strengthen a
				community's competitiveness as a place to work and live. Eligible projects
				include building construction or reconstruction, rehabilitation, conversion,
				acquisition, demolition for the purpose of clearing lots for development, site
				improvement, equipment purchases, and other projects as may be deemed
				appropriate by the vision Iowa board.
(2) Eligible forms of assistance include
				grants, interest-bearing loans, non-interest-bearing loans, interim financing,
				interest subsidies, deferred payment loans, forgivable loans, loan guarantees,
				float loans, or other forms of assistance as may be approved by the vision Iowa
				board.
(3) Financial assistance for
				an eligible project may be provided in the form of a multiyear award to be paid
				in increments over a period of years, subject to the availability of
				funds.
(4) IDED, with the approval
				of the chair and vice chair of the vision Iowa board, reserves the right to
				make technical corrections which are within the intent of the terms of a
				board-approved award.
(5)
				Applicants must report other sources of funding or pending funding, public or
				private, for the project including the local recreation infrastructure grants
				program administered by the department of natural resources and the Iowa
				historic site preservation program administered by the department of cultural
				affairs. IDED may consult with appropriate staff from the department of
				cultural affairs and the department of natural resources to coordinate the
				review of applications under the programs.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part X - Rural Housing Needs Assessment Grant Program › Chapter 212 - Vision Iowa Program › Rule 261-212.6 - Ineligible Projects

Current through Register Vol. 47, No. 3, July 24, 2024
The board shall not approve an application for assistance
				  under this program under any of the following circumstances:
1. To refinance an existing loan.
2. To fund a project that has previously
				received financial assistance under the vision Iowa program, unless the
				applicant demonstrates that the assistance would be used for a significant
				expansion of the project.
3. A
				project in which vision Iowa funding would constitute more than 50 percent of
				the total project costs. A portion of the resources provided by the applicant
				for project costs may be in the form of nonfinancial support.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part X - Rural Housing Needs Assessment Grant Program › Chapter 212 - Vision Iowa Program › Rule 261-212.7 - Threshold Application Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
To be considered for funding under the vision Iowa program,
				  an application shall meet the following threshold requirements:
(1) There must be demonstrated local support
				for the proposed project.
(2) A
				need for vision Iowa program funds must exist after other financial resources
				have been identified for the proposed project.
(3) The proposed project must primarily
				involve the creation or renovation of vertical infrastructure with demonstrated
				substantial regional or statewide economic impact.
(4) The project must provide and pay at least
				50 percent of the cost of a standard medical insurance plan for all full-time
				employees working at the project after the completion of the project for which
				financial assistance was received.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part X - Rural Housing Needs Assessment Grant Program › Chapter 212 - Vision Iowa Program › Rule 261-212.9 - Application Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Subject to availability of funds, applications will be reviewed by IDED staff
				on an ongoing basis and reviewed at least quarterly by the board. Applications
				will be reviewed by staff for completeness and eligibility. If additional
				information is required, the applicant shall be provided with notice, in
				writing, to submit additional information. A review, analysis and evaluation
				from the IDED staff will be submitted to the vision Iowa program review
				committee of the board who will then make a final recommendation to the
				complete board for final approval, denial or deferral. The vision Iowa board
				has the option to fund a component of a proposed project if the entire project
				does not qualify for funding.
(2)
				Application forms for vision Iowa are available upon request from IDED, 200
				East Grand Avenue, Des Moines, Iowa 50309.
(3) IDED may provide technical assistance as
				necessary to applicants. IDED staff may conduct on-site evaluations of proposed
				projects.
(4) Applications shall
				include, at a minimum, the information detailed in rule 212.8(15F).
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part X - Rural Housing Needs Assessment Grant Program › Chapter 212 - Vision Iowa Program › Rule 261-212.10 - Administration of Awards

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
				contract shall be executed between the recipient and the vision Iowa board.
				These rules and applicable state laws and regulations shall be part of the
				contract. The board reserves the right to negotiate wage rates as well as other
				terms and conditions of the contract.
(2) The recipient must execute and return the
				contract to the vision Iowa board within 45 days of transmittal of the final
				contract from the vision Iowa board. Failure to do so may be cause for the
				vision Iowa board to terminate the award.
(3) Certain projects may require that permits
				or clearances be obtained from other state or local agencies before the
				activity may proceed. Awards may be conditioned upon the timely completion of
				these requirements.
(4) Awards may
				be conditioned upon commitment of other sources of funds necessary to complete
				the project.
(5) Amendments to
				contracts. Any substantive change to a contract shall be considered an
				amendment. Changes include time extensions, budget revisions and significant
				alteration of the funded projects that change the scope, location, objectives
				or scale of the approved project. Amendments must be requested in writing by
				the recipient and are not considered valid until approved by the vision Iowa
				board and confirmed in writing by IDED following the procedure specified in the
				contract between the recipient and the vision Iowa board.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part X - Rural Housing Needs Assessment Grant Program › Chapter 213 - Enhance Iowa Board: Uniform Waiver Rules › Rule 261-213.1 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter outlines a uniform process for the granting of
				  waivers from rules adopted by the board. The intent of this chapter is to allow
				  persons to seek exceptions to the application of rules issued by the
				  board.
(1)
Definitions.
"Board"
or
"enhance Iowa
				  board"
means the enhance Iowa board established by Iowa Code section
				  15F.102.
"Person"
means an individual, corporation,
				  limited liability company, government or governmental subdivision or agency,
				  business trust, estate, trust, partnership or association, or any legal
				  entity.
"Waiver"
means an agency action which
				  suspends in whole or in part the requirements or provisions of a rule as
				  applied to an identified person on the basis of the particular circumstances of
				  that person.
(2)
Authority.
a. A waiver from
				rules adopted by the board may be granted in accordance with this chapter if
				(1) the board has authority to promulgate the rule from which waiver is
				requested or has final decision-making authority over a contested case in which
				a waiver is requested; and (2) no statute or rule otherwise controls the grant
				of a waiver from the rule from which waiver is requested.
b. No waiver may be granted from a
				requirement which is imposed by statute. Any waiver must be consistent with
				statute.
Iowa Administrative Code › Agency 261 - Economic Development Authority › Part X - Rural Housing Needs Assessment Grant Program › Chapter 213 - Enhance Iowa Board: Uniform Waiver Rules › Rule 261-213.2 - Board Discretion

Current through Register Vol. 47, No. 3, July 24, 2024
The decision on whether the circumstances justify the
				  granting of a waiver shall be made at the discretion of the board upon
				  consideration of all relevant factors.
(1)
Criteria for waiver.
The
				board may, in response to a completed petition, grant a waiver from a rule, in
				whole or in part, as applied to the circumstances of a specified situation if
				the board finds each of the following:
a.
				Application of the rule to the person at issue would result in undue hardship
				to that person; and
b. Waiver on
				the basis of the particular circumstances relative to that specified person
				would be consistent with the public interest; and
c. Waiver in the specific case would not
				prejudice the substantial legal rights of any person; and
d. Where applicable, substantially equal
				protection of public health, safety, and welfare will be afforded by a means
				other than that prescribed in the particular rule for which the waiver is
				requested.
In determining whether waiver should be granted, the board
				  shall consider whether the underlying public interest policies and legislative
				  intent of the rules are substantially equivalent to full compliance with the
				  rule. When the rule from which a waiver is sought establishes administrative
				  deadlines, the board shall balance the special individual circumstances of the
				  petitioner with the overall goal of uniform treatment of all licensees,
				  grantees and constituents.