reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 43 - Community Housing and Services for Persons With Disabilities Revolving Loan Program › Rule 265-43.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
Through its community housing and services for persons with
				disabilities revolving loan program, the authority seeks to further the
				availability of affordable housing and supportive services for Medicaid
				waiver-eligible individuals with behaviors that provide significant barriers to
				accessing traditional rental and supportive service opportunities. Loans from
				the community housing and services for persons with disabilities revolving loan
				program fund are to be used to provide financing to construct permanent
				supportive housing or develop infrastructure in which to provide supportive
				services, including through new construction, acquisition and rehabilitation of
				existing housing or infrastructure, or conversion or adaptive reuse. This
				chapter is intended to implement Iowa Code sections
				16.5(1)
				 and
				16.49.
Pursuant to Iowa Code section
				16.49(4)
"d,"
housing provided
				through a project under this chapter is exempt from the requirements of Iowa
				Code chapter 135O, Boarding Homes.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 43 - Community Housing and Services for Persons With Disabilities Revolving Loan Program › Rule 265-43.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
When used in this chapter, unless the context otherwise
				requires:
"Authority"
means the Iowa finance
				authority.
"Department"
means the Iowa department of
				human services.
"HOME"
means the HOME Investment Partnership
				Program, authorized by the Cranston-Gonzalez National Affordable Housing Act of
				1990.
"Infrastructure"
means the building and
				permanent improvements necessary for the support of Medicaid waiver-eligible
				individuals.
"Medicaid waiver-eligible "
means eligible to
				receive 19 United States Code Section 1915(c) home-and community-based services
				waivers under Iowa Administrative Code 441-Chapter 83.
"Permanent supportive housing"
means a
				community-based dwelling that has supportive services for persons with
				disabilities. This type of supportive housing enables special needs populations
				to live as independently as possible in a permanent setting.
"PMIC"
means psychiatric medical institutions
				for children.
"Program "
means the community housing and
				services for persons with disabilities revolving loan
				program.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 43 - Community Housing and Services for Persons With Disabilities Revolving Loan Program › Rule 265-43.3 - Award of Loan Funds

Current through Register Vol. 47, No. 3, July 24, 2024
It is the authority's intent to award loans under the program
				to those applicants that meet all of the requirements of this chapter and the
				published underwriting standards of the loan program. When an applicant for
				loan funds also qualifies for HOME program funds, the project must satisfy all
				application requirements of the HOME program adopted by the authority pursuant
				to rule
				265-39.6
				(16). The authority intends to award the available funds under this program
				each year if applicants meet all applicable requirements.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 43 - Community Housing and Services for Persons With Disabilities Revolving Loan Program › Rule 265-43.4 - Application Process

Current through Register Vol. 47, No. 3, July 24, 2024
The authority anticipates that it will, at least annually,
				publicize the approximate amount of funds available under this program for the
				applicable fiscal year on the authority's Web site at
www.iowafinanceauthority.gov
. Any
				unallocated or recovered funds, or payments of interest and principal, or any
				combination thereof, may be awarded or may be carried over to the next year's
				cycle of loans at the discretion of the authority. The authority will take such
				applications from time to time and will analyze and award loans to applicants
				on an ongoing basis, beginning on or after September 1, 2011. It is the
				position of the authority that such flexibility in taking and reviewing
				applications and making awards will best serve to develop and expand community
				housing and services for Medicaid waiver-eligible individuals.
Applicants may apply for joint funding of a project using both
				HOME program funds and funds loaned pursuant to this chapter
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 43 - Community Housing and Services for Persons With Disabilities Revolving Loan Program › Rule 265-43.5 - Program Guidelines

Current through Register Vol. 47, No. 3, July 24, 2024
For-profit and nonprofit sponsors are eligible to apply for
				assistance under this program based on the following program guidelines;
				however, prior to submission of the loan application, a service provider must
				receive approval of a service plan to benefit the Medicaid waiver-eligible
				individuals who reside in the project. The service provider may apply for the
				loan fund; however, the service provider does not have to be the applicant for
				the loan fund. If the service provider is not the loan applicant, a memorandum
				of understanding must exist between the loan applicant and the service provider
				which shows an obligation on behalf of the service provider to deliver services
				to the Medicaid waiver-eligible individuals residing in the project and which
				shows that the loan applicant is obligated to offer housing to the Medicaid
				waiver-eligible individuals who need the services provided by the service
				provider.
(1) Projects eligible for
			 assistance must meet the following criteria:
a. Written approval must be obtained from the
			 department for the proposed project prior to application for loan
			 funds.
b. In order to be approved
			 by the department, the project must demonstrate all of the following
			 components:
(1) The project serves one of the
			 following Medicaid waiver-eligible populations:
1. Individuals who are currently underserved
			 in community settings, including individuals who
are physically aggressive or have behaviors that are difficult
				to manage or individuals who meet the
PMIC level of care; or
2. Individuals who are currently placed out
			 of state by the department; or
3.
			 Individuals who are currently receiving care in an Iowa-licensed health care
			 facility.
(2) A plan to
			 provide each Medicaid waiver-eligible individual with crisis stabilization
			 services to ensure that the individual's behavioral issues are appropriately
			 addressed by the provider
(3)
			 Policies and procedures that prohibit discharge of the Medicaid waiver-eligible
			 individual from the waiver services provided by the project provider unless an
			 alternative placement that is acceptable to the individual or the individual's
			 guardian is identified.
c. In order to be approved by the department
			 for application for funding for development of infrastructure in which to
			 provide supportive services under this chapter, a project shall include all of
			 the following components:
(1) Provision of
			 services to Medicaid waiver-eligible individuals who meet the PMIC level of
			 care.
(2) Policies and procedures
			 that prohibit discharge of the Medicaid waiver-eligible individual from the
			 waiver services provided by the project provider unless an alternative
			 placement that is acceptable to the individual or the individual's guardian is
			 identified.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 43 - Community Housing and Services for Persons With Disabilities Revolving Loan Program › Rule 265-43.6 - Authority Analysis of Applications

Current through Register Vol. 47, No. 3, July 24, 2024
Authority staff will analyze and underwrite each potential
				project and will make recommendations for funding assistance to the authority
				board of directors. Authority staff will use such procedures and processes in
				its underwriting and analysis as it deems necessary and appropriate in
				connection with furthering the purposes of this program. In addition, the
				authority anticipates that, because of the complex nature of each transaction
				and the particular set of circumstances attributable to each particular
				application/transaction, the terms and conditions of loans will vary from
				project to project. The authority will make available its general operating
				procedures and guidelines for this program.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 43 - Community Housing and Services for Persons With Disabilities Revolving Loan Program › Rule 265-43.7 - Discretion of Authority Board

Current through Register Vol. 47, No. 3, July 24, 2024
The authority board of directors has the sole and final
				discretion to award or not to award assistance and to approve final loan
				terms.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 43 - Community Housing and Services for Persons With Disabilities Revolving Loan Program › Rule 265-43.8 - Closing/advance of Funds

Current through Register Vol. 47, No. 3, July 24, 2024
If all requirements of the authority are not met in accordance
				with any time frames set by the authority and to the complete satisfaction of
				the authority, all in the sole discretion of the authority, the authority may
				determine to cease work on an approved project and, accordingly, not advance
				any funds for such project.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 44 - Iowa Agricultural Development Division › Rule 265-44.1 - General

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Description of Iowa agricultural
			 development (IAD) board.
The IAD board consists of five members
			 appointed by the governor. The executive director of the Iowa finance authority
			 or the executive director's designee shall serve as an ex officio nonvoting
			 member. Members are appointed for staggered six-year terms. The appointed
			 members shall elect a chairperson and vice chairperson annually, and other
			 officers as the appointed members determine.
(2)
Division organization and
			 personnel.
The executive director of the authority may organize the
			 division and employ necessary qualified personnel.
(3)
General course and method of
			 operations.
The IAD board generally meets on a monthly basis or at the
			 call of the chairperson or whenever two appointed members so request. The
			 purpose of the meetings shall be to review progress in implementation and
			 administration of programs, to consider and act upon proposals for assistance,
			 and take other actions as necessary and appropriate.
(4)
location where public may submit
			 requests for assistance or obtain information.
Requests for assistance
			 or information should be directed to the Iowa finance authority at the address
			 set forth in rule 265-1.3 (16); telephone (515)725-4900. Requests may be made
			 personally, by telephone, U.S. mail or any other medium available, between the
			 hours of 8 a.m. and 4:30 p.m., Monday through Friday. Special arrangements for
			 accessibility to the authority at other times will be provided as
			 needed.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 44 - Iowa Agricultural Development Division › Rule 265-44.3 - Beginning Farmer Loan Program Eligibility

Current through Register Vol. 47, No. 3, July 24, 2024
A loan to or on behalf of a beginning farmer shall be provided
				only if the following criteria are satisfied:
1. The beginning farmer is an individual and
			 a resident of Iowa.
2. The
			 agricultural land and agricultural improvements or depreciable agricultural
			 property the beginning farmer proposes to purchase will be located in the
			 state.
3. The beginning farmer has
			 sufficient education, training, or experience in the type of farming for which
			 the beginning farmer requests the loan and must demonstrate that education,
			 training, or experience to the satisfaction of the authority.
4. If the loan is for the acquisition of
			 agricultural land, the beginning farmer has or will have access to adequate
			 working capital, farm equipment, machinery, or livestock. If the loan is for
			 the acquisition of depreciable agricultural property, the beginning farmer has
			 or will have access to adequate working capital or agricultural land. In the
			 loan application, the beginning farmer must demonstrate to the satisfaction of
			 the authority that the beginning farmer has or will have access to adequate
			 working capital, farm equipment, machinery, or livestock.
5. The beginning farmer shall materially and
			 substantially participate in farming.
6. The agricultural land and agricultural
			 improvements shall only be used for farming by the beginning farmer, the
			 beginning farmer's spouse, or the beginning farmer's minor children.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 44 - Iowa Agricultural Development Division › Rule 265-44.4 - Beginning Farmer Loan Program

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Individual agricultural development bond program description.
This program is intended to allow BFLP beginning farmers to obtain lower
			 interest rate loans for qualified purposes by obtaining loan funds from the
			 proceeds of a tax-exempt bond issued by the authority and purchased by the bond
			 purchaser. The authority will enter into a loan agreement with the BFLP
			 beginning farmer and assign that BFLP loan to the bond purchaser. At the same
			 time, the authority will issue a tax-exempt bond in the amount of the BFLP
			 loan, and the bond purchaser will purchase that bond, which is used to fund the
			 BFLP loan assigned to the bond purchaser. The bond which is issued by the
			 authority and purchased by the bond purchaser is a nonrecourse obligation. The
			 only security for the bond purchaser is the underlying security on the assigned
			 BFLP loan.
(2)
Application
			 procedures.
The BFLP beginning farmer may apply for a BFLP loan with
			 any bond purchaser. Any BFLP loan approved will be assigned to that bond
			 purchaser. BFLP loan eligibility is determined by the requirements of the Act
			 and the rules of the authority.
a. If a BFLP
			 beginning farmer meets the BFLP loan eligibility requirements, the decision on
			 whether to enter into the loan agreement is between the BFLP beginning farmer
			 and the bond purchaser. The BFLP beginning farmer and bond purchaser must agree
			 on the terms of the loan, such as interest rates, length of loan, down payment,
			 service fees, origination charges and repayment schedule. The terms may not be
			 more onerous than terms charged to similar customers for similar loans, taking
			 into account the tax-exempt nature of interest on the BFLP loan.
b. Following completion of the BFLP loan
			 application by the BFLP beginning farmer and approval by the bond purchaser,
			 the BFLP loan application must be submitted to the authority for its review and
			 approval.
c. The authority's review
			 will include, but not be limited to, whether:
(1) The BFLP loan applicant is a BFLP
			 beginning farmer;
(2) The BFLP loan
			 proceeds will be used for a qualified purpose under the Act, rules of the
			 authority, and the Internal Revenue Code and IRS regulations relating to
			 private activity bonds;
(3) The
			 terms of the BFLP loan comply with these rules; and
(4) The bond purchaser meets the definition
			 of a lender or bond purchaser.
d. The authority may require that the bond
			 purchaser furnish any information which the authority deems necessary to
			 determine whether the bond purchaser qualifies as either a lender or bond
			 purchaser. If the authority determines that the bond purchaser does not qualify
			 as either a lender or bond purchaser, it may deny the application.
e. The authority may charge fees as needed to
			 defray its costs for processing the BFLP loan and bond.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 44 - Iowa Agricultural Development Division › Rule 265-44.5 - Loan Participation Program

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Program summary.
The loan participation program is intended to
			 assist lenders and beginning farmers by purchasing a portion of a loan made by
			 a lender to a beginning farmer for the purchase of agricultural property.
a.
Supplement to beginning farmer's
			 down payment.
The LPP loan can be used to supplement the beginning
			 farmer's down payment so that the beginning farmer can more readily secure a
			 loan (the "participated loan") from a lender.
b.
Last-in/last-out collateral
			 position.
The program enables lenders to request a "last-in/last-out"
			 LPP loan from the authority. The lender, on behalf of the beginning farmer,
			 shall apply for the LPP loan on application forms provided by the
			 authority.
c.
Lender's
			 certification.
The lender and the beginning farmer shall certify that
			 the information included in the application and any other documents submitted
			 for consideration is true and correct to the best of their knowledge.
d.
LPP loan in conjunction with BFLP
			 loan.
The loan participation program may be used in conjunction with
			 the authority's beginning farmer loan program, provided the beginning farmer
			 meets the criteria for both programs.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 44 - Iowa Agricultural Development Division › Rule 265-44.6 - Beginning Farmer Tax Credit Program

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Eligibility.
a.
Eligible
			 taxpayer.
A taxpayer is eligible to participate in the beginning farmer tax
			 credit program if the taxpayer meets all of the following requirements:
(1) The taxpayer is a person who may acquire or
			 otherwise obtain or lease agricultural land in this state pursuant to Iowa Code
			 chapter 9H or 9I. However, the taxpayer must not be a person who may acquire or
			 otherwise obtain or lease agricultural land exclusively because of an exception
			 provided in one of those chapters or in a provision of another chapter of the Iowa
			 Code, including but not limited to Iowa Code chapter 10, 10D, or 501 or section
			 15E.207.
(2) The taxpayer has entered
			 into an agricultural lease agreement with a qualified beginning farmer to lease
			 agricultural land as provided in 2019 Iowa Acts, House File 768, section
			 9.
(3) The taxpayer has not been at
			 fault for terminating a prior agreement under the program or another agreement in
			 which the taxpayer was allowed to claim a tax credit under Iowa Code section 175.37 as it existed prior to January 1, 2015, or Iowa Code section 16.80 as it existed
			 prior to January 1, 2018.
(4) If the
			 agreement includes the lease of a confinement feeding operation structure as defined
			 in Iowa Code section 459.102, the taxpayer is not a party to a pending
			 administrative or judicial action, including a contested case proceeding under Iowa
			 Code chapter 17A, relating to an alleged violation involving an animal feeding
			 operation as regulated by the department of natural resources, regardless of whether
			 the pending action is brought by the department or the attorney general.
(5) The taxpayer is not a partner of a
			 partnership, shareholder of a family farm corporation, or member of a family farm
			 limited liability company that is the lessee of an agricultural asset that is part
			 of an agricultural lease agreement. If a beginning farmer has an ownership interest
			 in the agricultural asset that does not exceed 10 percent, the tax credit award is
			 reduced by an amount equivalent to the beginning farmer's ownership percentage. For
			 example, if a beginning farmer owns 9 percent of an agricultural asset that is the
			 subject of the agricultural lease agreement, the tax credit award is reduced by 9
			 percent.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 45 - Manufactured Housing Program Fund › Rule 265-45.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of these rules is to allow the authority to
				allocate funds to financial institutions or lenders to finance the purchase by
				individuals of manufactured homes that are in compliance with all laws, rules,
				and standards that are applicable to manufactured homes. The fund is designed
				exclusively for manufactured homes sited on leased land located in the state of
				Iowa.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 45 - Manufactured Housing Program Fund › Rule 265-45.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Authority"
means the Iowa finance
				authority.
"Borrower "
means one or more individuals
				borrowing or seeking to borrow money for the purchase of a manufactured
				home.
"Financial institution "
means a financial
				institution as defined in Iowa Code section 12C. 1 that has been approved as a
				depository of public funds pursuant to Iowa Code section
				12C.2.
"Fund"
means the manufactured housing program
				fund created pursuant to Iowa Code section
				16.45.
"Interlender loan "
means the lending of funds
				by a financial institution to a lender, which funds are, in turn, to be loaned
				by the lender to a borrower to finance the purchase of a manufactured
				home.
"Lender"
means a lender as defined in Iowa
				Code section
				537.1301 that
				is licensed by the banking division of the department of commerce and that has
				not been approved as a depository of public funds pursuant to Iowa Code section
				12C.2.
"Manufactured home "
or
"manufactured
				housing "
means the same as defined in Iowa Code section
				435.1.
"Mortgage loan "
means a loan from a financial
				institution or lender to a borrower to finance the purchase of a manufactured
				home.
"Program "
means the manufactured housing
				program.
"Revolvingfunds"
means the funds created by
				Iowa Code sections
				16.46
				through
				16.49.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 45 - Manufactured Housing Program Fund › Rule 265-45.3 - Sources of Funds

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Authorized transfers.
In addition to any moneys that may be
			 appropriated to the fund, the authority is authorized by Iowa Code section
			 16.45
			 to transfer for deposit into the fund for any fiscal year any unencumbered and
			 unobligated moneys in the revolving funds from the prior fiscal year. However,
			 the maximum amount of moneys that may be so transferred for any fiscal year may
			 not exceed the lesser of $1,000,000 or an amount equal to the total amount of
			 any unencumbered and unobligated moneys in the revolving funds available for
			 transfer from the previous fiscal year reduced by $1,000,000.
(2)
Recapture and repayments
-
nonreversion.
Pursuant to Iowa Code section
			 16.45,
			 recapture of awards and other repayments to the fund shall be deposited into
			 the fund and are appropriated to the authority to be used for the program.
			 Notwithstanding Iowa Code section
			 8.33,
			 unencumbered or unobligated moneys remaining in the fund on June 30 of any
			 fiscal year shall not revert to any other fund but shall be available for
			 expenditure in subsequent years. However, any unencumbered or unobligated
			 moneys remaining in the fund on June 30 of any fiscal year that were
			 transferred to the fund as described in subrule 45.3(1) shall revert to the
			 revolving fund from which the transfer was made. Notwithstanding Iowa Code
			 section
			 12C.7(2),
			 interest or earnings on moneys in the fund or appropriated to the fund shall be
			 credited to the fund.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 45 - Manufactured Housing Program Fund › Rule 265-45.4 - Program Overview

Current through Register Vol. 47, No. 3, July 24, 2024
The program is established as a means of facilitating
				affordable financing for the purchase of eligible manufactured homes to be
				sited on leased land located in the state of Iowa. By providing capital at a
				low interest rate in the form of linked deposits to financial institutions and
				lenders, the program is intended to enable financial institutions and lenders,
				in turn, to offer lower interest rate mortgage loans to borrowers or to enable
				financial institutions to offer interlender loans to lenders, the proceeds of
				which are, in turn, to be loaned to borrowers at low interest rates to finance
				the purchase of manufactured homes. The authority's role is strictly that of a
				depositor, not a lender, loan guarantor, or loan participant.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 45 - Manufactured Housing Program Fund › Rule 265-45.5 - Eligible Financing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Lender participation agreement.
Linked deposits shall be made
			 pursuant to a lender participation agreement to be created by the authority. If
			 the mortgage loan is to be made by a financial institution, the lender
			 participation agreement shall be between the authority and the financial
			 institution. If the mortgage loan is to be made by a lender, the lender
			 participation agreement shall be between the authority, the lender, and a
			 financial institution.
(2)
Eligible loans.
To be eligible for a linked deposit under the
			 program, a mortgage loan shall meet all of the following requirements:
a. The mortgage loan must be for the purchase
			 of a manufactured home as the borrower's primary residence; refinancing is not
			 eligible for the program;
b. The
			 manufactured home must be sited on leased land located in the state of
			 Iowa;
c. The term of the mortgage
			 loan shall not exceed 30 years;
d.
			 The mortgage loan shall be fully amortized;
e. The terms of the mortgage loan shall
			 contain no prepayment penalties;
f. The interest rate payable on the mortgage
			 loan shall not exceed 9 percent APR;
g. Fees charged by the financial institution
			 or lender to cover its costs of originating the mortgage loan (closing fees,
			 origination fees, etc.) shall, in the aggregate, not exceed 1 percent of the
			 principal mortgage loan amount;
h.
			 Closing agent/settlement fees paid to third-party closers, if any, shall not
			 exceed $500;
i. Customary and
			 reasonable closing costs shall be allowed; and
j. The financial institution or lender shall
			 comply with all applicable fair lending laws and regulations.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 45 - Manufactured Housing Program Fund › Rule 265-45.7 - Limits on Linked Deposits

Current through Register Vol. 47, No. 3, July 24, 2024
In any state of Iowa fiscal year, the authority shall not
				deposit more than 50 percent of the moneys in or available to the fund with any
				one financial institution pursuant to the program; provided, however, that
				after the first six months of such fiscal year, the authority may make a linked
				deposit with any participating financial institution regardless of any amounts
				previously deposited with such financial institution.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 45 - Manufactured Housing Program Fund › Rule 265-45.8 - Availability of Moneys for Linked Deposits

Current through Register Vol. 47, No. 3, July 24, 2024
The obligation of the authority to deposit funds into a linked
				deposit account shall be subject to the availability of moneys either in the
				fund or transferrable to the fund from the sources set forth in Iowa Code
				section
				16.45,
				under the limitations set forth in that section. The authority shall maintain a
				running total of the unreserved amounts in and available to the fund on the
				authority's website.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 46 - Water Quality Financing Program › Rule 265-46.1 - Overview

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Source
			 of funds.
The water quality financing program shall consist of moneys
			 transferred to the fund, loan interest and earnings, and moneys from other
			 funds as provided by law.
(2)
Purpose.
The purpose of the program shall be to provide
			 financial assistance to enhance the quality of surface water and groundwater,
			 particularly by providing financial assistance for projects designed to improve
			 water quality by addressing point and nonpoint sources, with a higher
			 prioritization provided to collaborative efforts.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 46 - Water Quality Financing Program › Rule 265-46.3 - Program Administration

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Cooperating agencies.
The fund shall be administered by the
			 authority in cooperation with the department of natural resources and the
			 department of agriculture and land stewardship.
(2)
Interest rates and
			 terms.
Interest rates and repayment terms shall be determined by the
			 authority in cooperation with the department of natural resources and the
			 department of agriculture and land stewardship. The interest rate shall be
			 specified in the application. Loan and grant terms shall be negotiated with
			 each loan recipient and grant recipient, as the case may be, but no loan shall
			 have a term more than 20 years. Loans may be prepaid at any time with no
			 penalty.
(3)
Parts of
			 project eligible for funding.
Only the part of the project that has a
			 water quality protection or improvement component may be funded.
(4)
Funding guidelines.
The
			 fund shall be administered in such a manner as to provide a permanent source of
			 water quality project financial assistance to eligible entities. Financial
			 assistance shall be provided in the form deemed by the authority to be most
			 convenient for the efficient financing of projects, including loans, forgivable
			 loans, or grants.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 46 - Water Quality Financing Program › Rule 265-46.4 - Project Funding

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Annual applications.
Applications shall be taken
			 annually.
(2)
Plan
			 requirements.
Each application shall include a plan that meets the
			 following requirements:
a. The plan shall
			 include one or more projects that improve water quality in the local area or
			 watershed. Projects shall use practices identified in the Iowa nutrient
			 reduction strategy.
b. The plan
			 shall describe in detail the manner in which the project will be financed and
			 undertaken, including, as applicable, the sources of revenue directed to
			 financing the improvements as well as the eligible entities that will be
			 receiving the revenues and how such revenues will be spent on the
			 project.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 46 - Water Quality Financing Program › Rule 265-46.5 - Financial Agreements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Project requirements.
All projects financed under the program
			 shall meet the following requirements:
a. The
			 project owner shall be responsible for obtaining all necessary
			 permits;
b. All eligible costs
			 shall be documented to the satisfaction of the authority before proceeds may be
			 disbursed;
c. The recipient shall
			 maintain records that document all costs associated with the project. The
			 recipient shall provide access to these records to the authority upon request.
			 The recipient shall retain such records and documents for inspection and audit
			 purposes for a period of three years from the date of the final disbursement of
			 funds; and
d. The recipient shall
			 agree to provide the authority, the department of natural resources, and the
			 department of agriculture and land stewardship or their agents access to the
			 project site at all times during the construction process to verify that the
			 funds are being used for the purpose intended and that the construction work
			 meets applicable state and federal requirements.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 46 - Water Quality Financing Program › Rule 265-46.6 - Project Scoring

Current through Register Vol. 47, No. 3, July 24, 2024
The provision of financial assistance under the program shall
				take into account, as applicable, the number of municipalities, landowners,
				public utilities, specified industries, rural water districts, or rural water
				associations that constitute an eligible entity, and the eligible entity's
				financing capacity. The authority shall only provide financial assistance to
				eligible entities that have sufficient financing capacity and that submit an
				appropriate plan designed to improve water quality.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 46 - Water Quality Financing Program › Rule 265-46.7 - Scoring Criteria

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Financial feasibility.
Thirty-five percent of the total
			 possible points shall be based on financial feasibility of the proposed
			 project. Elements considered under financial feasibility shall include but not
			 be limited to:
a. Experience of the eligible
			 entity in financial management;
b.
			 A detailed project budget detailing all sources of funds as well as expected
			 project costs. This would include information on whether other funding has been
			 received, applied for or just identified;
c. A project timeline, including information
			 on the development of plans and specifications for the project, needed
			 approvals and permits, and project construction start and completion
			 dates;
d. A maintenance plan for
			 the project, including information on the likely useful life of the project,
			 the party or parties responsible for maintaining the project, the cost of
			 maintenance, and how those costs will be paid; and
e. In the case of loans, the source(s) of
			 funds for loan repayment.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 46 - Water Quality Financing Program › Rule 265-46.8 - Termination; Rectification of Deficiencies; Disputes

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Termination.
The
			 authority shall have the right to terminate and recapture any grant or loan
			 proceeds when terms of the financial agreement have been violated. The
			 executive director shall establish a repayment schedule for funds already
			 disbursed to the recipient. All terminations shall be in writing.
(2)
Rectification of
			 deficiencies.
Failure of the recipient to implement the approved
			 project or to comply with the applicable requirements constitutes grounds for
			 the authority to recapture or withhold funds. The recipient is responsible for
			 ensuring that the identified deficiency is rectified. Once the deficiency is
			 corrected, the funds may be released.
(3)
Disputes.
A recipient
			 that disagrees with the authority's withholding of funds may request a formal
			 review of the action. The recipient must submit a request in writing to the
			 executive director within 30 days of notification by the authority of its
			 planned action.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 47 - Housing Renewal Pilot Program › Rule 265-47.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to 2022 Iowa Acts, House File 2564, division III, a housing
				renewal program fund is established under the control of the Iowa finance authority.
				The authority shall provide moneys from the fund to a nonprofit Iowa affiliate to
				award grants under the program. Grantees shall use the funds for the purpose of
				investing in housing rehabilitation and redevelopment for resale to an
				income-qualified buyer who occupies the home as the buyer's primary
				residence.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 47 - Housing Renewal Pilot Program › Rule 265-47.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Authority"
means the Iowa finance authority
				created in Iowa Code section 16.1A.
"Eligible participant"
means a city, a county, a
				consortium of local governments, or an organization exempt from taxation pursuant to
				Section 501(c)(3) of the Internal Revenue Code with whom a nonprofit affiliate
				elects to partner.
"Grantee"
means an eligible participant awarded a
				grant under the program.
"Nonprofit Iowa affiliate"
or
"nonprofit
				affiliate"
means a nonprofit Iowa affiliate of a nonprofit international
				organization whose primary activity is the promotion of the construction,
				remodeling, or rehabilitation of one-family or two-family dwellings for use by
				low-income families.
"Redevelopment"
means activities including new
				construction of housing on vacant or demolished properties on infill lots or the
				conversion of property from a nonresidential use to housing.
"Rehabilitation"
means renovation, remodeling and
				repair of existing housing units for continued residential use.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 47 - Housing Renewal Pilot Program › Rule 265-47.3 - Agreement

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The authority will prepare an agreement
			 between the authority and the nonprofit affiliate. The agreement may include terms
			 and conditions reasonably necessary for implementation of the program pursuant to
			 this chapter and 2022 Iowa Acts, House File 2564.
(2) Any substantive change to the nonprofit
			 affiliate's proposed uses of funds shall require an amendment to the agreement.
			 Amendments shall be requested in writing. No amendment shall be valid until approved
			 by the authority.
(3) The nonprofit
			 affiliate must prepare an agreement for each project approved for an award. The
			 agreement will reflect the terms of the award and may include other terms and
			 conditions reasonably necessary for implementation of the program pursuant to this
			 chapter and 2022 Iowa Acts, House File 2564. The nonprofit affiliate and the grantee
			 must execute an agreement before funds are disbursed by the nonprofit affiliate. The
			 nonprofit affiliate must provide a copy of each agreement executed by the affiliate
			 and a grantee to the authority within 30 days of execution.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 47 - Housing Renewal Pilot Program › Rule 265-47.4 - Reporting

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The nonprofit affiliate must submit a report
			 to the authority on or before November 30 of each year.
(2) In addition to the requirements described in
			 2022 Iowa Acts, House File 2564, division III, the nonprofit affiliate must report
			 on each of the following:
a. A description of each
			 grantee's project and grantee's progress toward completion of its
			 projects.
b. The sale price and sale
			 closing date of each ownership unit.
c.
			 The income level of each homebuyer purchasing an ownership unit.
d. The street address, city, zip code and county
			 of each ownership unit.
e. The amount of
			 funds awarded to each grantee.
f. The
			 amount of funds expended by each grantee.
g. The amount of funds obligated by each
			 grantee.
h. The amount of funds
			 leveraged by each grantee.
i. Any other
			 information reasonably requested by the authority in sufficient detail to permit the
			 authority to prepare any reports required by the authority, the general assembly or
			 the governor's office.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 1 - Organization and Operation › Rule 281-1.1 - State Board of Education

Current through Register Vol. 47, No. 3, July 24, 2024
The state board of education, authorized by Iowa Code chapter
				  256, is the governing and policy-forming body for the department of
				  education.
(1)
Membership.
The state board's membership is governed by Iowa
				Code sections 256.3 and
				256.4.
(2)
Meetings.
The board's
				meetings are governed by Iowa Code section
				256.6. The majority of the
				board's meetings are held in the State Board Room, Grimes State Office
				Building, 400 East 14th Street, Des Moines, Iowa 50319. By notice of the
				regularly published meeting agenda, the board may hold meetings in other areas
				of the state. The board may hold special meetings as provided in Iowa Code
				section 256.6.
(3)
Compensation.
All voting
				members will receive compensation and reimbursement as provided in Iowa Code
				section 256.5. A student member will
				receive compensation pursuant to Iowa Code section
				256.5A(6). If a
				student member's parent or guardian provides supervision pursuant to subrule
				1.2(4), the parent or guardian will receive necessary expenses but not a per
				diem.
(4)
Other
				boards.
The Iowa board of educational examiners and the Iowa college
				student aid commission have rulemaking authority, the rules of which are
				codified under agency numbers 282 and 283, respectively.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 1 - Organization and Operation › Rule 281-1.2 - Student Member of the State Board of Education

Current through Register Vol. 47, No. 3, July 24, 2024
The governor will appoint a public high school student to
				  serve as a nonvoting member of the state board of education pursuant to Iowa
				  Code section 256.5A.
(1)
Term.
The nonvoting
				student member will serve a term from May 1 to April 30. The student member may
				serve a second year as the nonvoting student member without having to reapply
				for the position if the student has another year of high school eligibility
				remaining before graduation. A vacancy in the membership of the nonvoting
				student member will not be filled until the expiration of the term.
(2)
Qualifications.
At the
				time of making application, a qualified nonvoting student member is to meet all
				of the following criteria:
a. The student is
				a full-time, regularly enrolled tenth or eleventh grade student in an Iowa
				school district.
b. The student has
				been regularly enrolled as a full-time student in the district of present
				enrollment for at least two consecutive semesters or the equivalent
				thereof.
c. The student has a
				minimum cumulative grade point average in high school of 3.0 on a 4.0 scale
				(3.75 on a 5.0 scale).
d. The
				student demonstrates participation in extracurricular and community activities,
				as well as an interest in serving on the state board.
e. The student has the consent of the
				student's parent or guardian, as well as the approval of the student's
				district.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 1 - Organization and Operation › Rule 281-1.3 - Director of the Department of Education

Current through Register Vol. 47, No. 3, July 24, 2024
The director is appointed pursuant to Iowa Code section
				  256.8 and performs such duties
				  as assigned by the Iowa Code or the Iowa Administrative Code, including Iowa
				  Code section 256.9.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 1 - Organization and Operation › Rule 281-1.4 - Department of Education

Current through Register Vol. 47, No. 3, July 24, 2024
The department of education is established by Iowa Code
				  section 256.1 to perform the functions
				  and duties set forth in that section, in other Iowa Code provisions, and in the
				  Iowa Administrative Code. The department is organized into such divisions as
				  established by statute, including the innovation division established by 2023
				  Iowa Acts, Senate File 514, or the director. The mailing address for the state
				  board of education, the director, and all divisions of the department is Grimes
				  State Office Building, 400 East 14th Street, Des Moines, Iowa
				  50319-0146.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 2 - Agency Procedure for Rulemaking and Petitions for Rulemaking › Rule 281-2.1 - Incorporation by Reference

Current through Register Vol. 47, No. 3, July 24, 2024
The Iowa department of education (department) and the Iowa
				  state board of education incorporate by this reference all such matters in Iowa
				  Code chapter 17A that deal with rulemaking or petitions for
				  rulemaking.
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 2 - Agency Procedure for Rulemaking and Petitions for Rulemaking › Rule 281-2.2 - Contact Information

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
Petitions for rulemaking and inquiries about
				department rules and the rulemaking process may be directed to Legal
				Consultant, Iowa Department of Education, Grimes State Office Building, 400
				East 14th Street, Des Moines, Iowa 50319-0146.
(2)
Comments on proposed
				rules.
Any public comment on a Notice of Intended Action or similar
				document may be directed to Legal Consultant, Iowa Department of Education,
				Grimes State Office Building, 400 East 14th Street, Des Moines, Iowa
				50319-0146, or as directed in the Notice of Intended Action or similar
				document.
(3)
Petitions for
				rulemaking.
A petition for rulemaking that substantially conforms to
				the following form will be considered by the department:
Click here
				  to view Image
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 2 - Agency Procedure for Rulemaking and Petitions for Rulemaking › Rule 281-2.3 - Electronic Submissions

Current through Register Vol. 47, No. 3, July 24, 2024
The department encourages electronic submissions of documents
				  under this chapter, including documents bearing electronic signatures. More
				  information is available in the administrative rules content on the
				  department's website (educateiowa.gov).
Iowa Administrative Code › Agency 281 - Education Department › Title I - General Information- Department Operations › Chapter 2 - Agency Procedure for Rulemaking and Petitions for Rulemaking › Rule 281-2.4 - Notice of Proposed Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contents.
At least 35 days before the adoption of a rule the
				agency shall cause Notice of Intended Action to be published in the Iowa
				Administrative Bulletin. The Notice of Intended Action shall include:
a. A brief explanation of the purpose of the
				proposed rule;
b. The specific
				legal authority for the proposed rule;
c. Except to the extent impracticable, the
				text of the proposed rule;
d.
				Where, when, and how persons may present their views on the proposed rule;
				and
e. Where, when, and how persons
				may demand an oral proceeding on the proposed rule if the notice does not
				already provide for one.
Where inclusion of the complete text of a proposed rule in
				  the Notice of Intended Action is impracticable, the agency shall include in the
				  notice a statement fully describing the specific subject matter of the omitted
				  portion of the text of the proposed rule, the specific issues to be addressed
				  by that omitted text of the proposed rule, and the range of possible choices
				  being considered by the agency for the resolution of each of those
				  issues.