Iowa Administrative Code › Agency 261 - Economic Development Authority › Part IV - Business Development Division › Chapter 68 - High Quality Jobs Program (HQJP) › Rule 261-68.2 - Eligibility Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Community approval and local
				match.
Community approval of the project by ordinance or resolution is
				required as specified in Iowa Code section 15.329(1)
"a."
Local
				match may be required from the community or other relevant entity pursuant to
				criteria established by the board. The board will periodically approve such
				criteria to reflect meaningful types and amounts of local match that may be
				provided. The criteria established by the board may include but not be limited
				to when local match is required, entities that may provide local match, and
				acceptable amounts and forms of local match.
(2)
Relocations and reductions in
				operations.
The authority will determine whether a business is
				ineligible due to a relocation or reduction in operations pursuant to Iowa Code
				section 15.329(1)
"b."
(3)
Retail or service businesses.
For the purposes of determining
				whether a business is an ineligible retail business pursuant to Iowa Code
				section 15.329(1)
"f,"
"retail business" means any business
				engaged in the business of sale at retail of tangible personal property or
				taxable services in this state or online. "Sale at retail" means the same as
				defined in Iowa Code section
				423.1(46). Any
				business obligated to collect sales or use tax under Iowa Code chapter 423 is
				an ineligible retail business. A service business is not eligible for the
				program unless a significant proportion of its sales, as determined by the
				authority, are outside this state.
(4)
Created and retained
				jobs.
The jobs created or retained by a business shall pay the
				applicable wages as established in Iowa Code section
				15.329(1)
"c"
or 15.335C.
(5)
Determination of sufficient
				benefits.
The business shall offer a sufficient package of benefits to
				each full-time equivalent position included in the business's base employment
				level and to each full-time equivalent position at the project location until
				the maintenance period completion date. The benefits package provided shall
				meet the criteria established by the board. The board will periodically approve
				such criteria to reflect the most current benefits package typically offered by
				employers. The criteria established by the board may include but not be limited
				to premium percentages to be paid by the business, deductible amounts, and
				other such criteria as determined necessary to the evaluation of benefits
				offered by a business.
(6)
Sufficient fiscal impact.
The business shall demonstrate a
				sufficient fiscal impact as described in Iowa Code section
				15.329(1)
"e."
(7)
Violations of law.
If the authority finds that a business has
				a record of violations of law, including but not limited to environmental and
				worker safety laws, over a period of time that tends to show a consistent
				pattern as described in Iowa Code section
				15.329(2)
"a,"
the business shall not qualify for the program.
(8)
Applicant's past or current
				performance.
If an applicant received a prior award or other benefit
				through any program administered by the authority, the authority and board will
				consider the applicant's past or current performance under the prior award or
				benefit.
(9)
Results of due
				diligence review.
The authority will complete a due diligence review,
				including but not limited to lien searches, reports of violations, pending or
				resolved litigation, and other relevant information about the applicant. A
				business may be ineligible based on the results of the review.
(10)
Other factors.
The
				authority shall consider any applicable additional factors pursuant to Iowa
				Code section 15.329(3).
(11)
Ineligible projects.
a. If a project is creating or retaining
				jobs, but none are high quality jobs, then the project is not eligible for the
				program.
b. A project representing
				solely acquisition of a business as a going concern that does not include
				creation or retention of jobs and capital investment at the acquired business
				facility is not eligible for the program. A qualified project that occurs
				following acquisition of a business as a going concern may be eligible for the
				program.