15E.192 - ENTERPRISE ZONES.
15E.192 ENTERPRISE ZONES.
1. A county may create an economic development enterprise zone as
authorized in this division, subject to certification by the
department of economic development, by designating up to one percent
of the county area for that purpose. An eligible county containing a
city whose boundaries extend into an adjacent county may establish an
enterprise zone in an area of the city located in the adjacent county
if the adjacent county's board of supervisors adopts a resolution
approving the establishment of the enterprise zone in the city and
the two counties enter into an agreement pursuant to chapter 28E
regarding the establishment of the enterprise zone. A county may
establish more than one enterprise zone.
2. A city which includes at least three census tracts with at
least fifty percent of the population in each census tract located in
the city, as shown by the 2000 certified federal census, may create
an economic development enterprise zone as authorized in this
division, subject to certification by the department of economic
development, by designating one or more contiguous census tracts, as
determined in the most recent federal census, or designating other
geographic units approved by the department of economic development
for that purpose. If there is an area in the city which meets the
requirements for eligibility for an urban or rural enterprise
community under Title XIII of the federal Omnibus Budget
Reconciliation Act of 1993, such area shall be designated by the
state as an economic development enterprise zone. The area meeting
the requirements for eligibility for an urban or rural enterprise
community shall not be included for the purpose of determining the
area limitation pursuant to subsection 4. In creating an enterprise
zone, a city which includes at least three census tracts with at
least fifty percent of the population in each census tract located in
the city, as shown by the 2000 certified federal census, may
designate as part of the area tracts or approved geographic units
located in a contiguous city if such tracts or approved geographic
units meet the criteria and the city agrees to being included. The
city may establish more than one enterprise zone. Reference in this
division to "city" means a city which includes at least three
census tracts with at least fifty percent of the population in each
census tract located in the city, as shown by the 2000 certified
federal census.
3. A city may create an economic development enterprise zone as
authorized in this division, subject to certification by the
department of economic development, by designating up to four square
miles of the city for that purpose. In order for an enterprise zone
to be certified pursuant to this subsection, an enterprise zone shall
meet the distress criteria provided in section 15E.194, subsection 3.
Section 15E.194, subsection 2, shall not apply to an enterprise zone
certified pursuant to this subsection. For the fiscal period
beginning July 1, 2007, and ending June 30, 2010, each fiscal year a
cumulative total of not more than twenty-five million dollars worth
of incentives and assistance under section 15E.196, subsections 1, 2,
3, 4, and 6, shall be awarded to eligible businesses that apply to an
enterprise zone commission for incentives and assistance during that
fiscal year and that are located in an enterprise zone certified
pursuant to this subsection. For purposes of this subsection and
section 15E.194, subsection 3, "city" means a city that includes
at least three census tracts, as determined in the most recent
federal census.
4. a. An enterprise zone certified by the department pursuant
to subsection 2 shall only be amended if the amendment consists of an
area being added to the enterprise zone and the added area meets the
criteria of section 15E.194, subsection 2. An enterprise zone
certified by the department pursuant to subsection 1 or 2 may be
decertified; however, if a subsequent enterprise zone is designated,
the expiration date of the subsequent enterprise zone shall be the
same as the expiration date of the decertified enterprise zone. A
portion of a certified enterprise zone may be decertified, provided
that the remaining portion of the certified enterprise zone meets the
distress criteria provided in section 15E.194.
b. A county or city may apply to the department for an area
to be certified as an enterprise zone at any time prior to July 1,
2010. However, the total amount of land designated as enterprise
zones under subsection 1, and any other enterprise zones certified by
the department, excluding those approved pursuant to subsection 2 and
section 15E.194, subsections 3 and 5, shall not exceed in the
aggregate one percent of the total county area.
5. An enterprise zone designation shall remain in effect for ten
years following the date of certification. Prior to the expiration
of an enterprise zone designation, a city or county meeting the
distress criteria in section 15E.194 may apply for a one-time
ten-year extension of the designation. In applying for a one-time
ten-year extension of an enterprise zone designation, a city or
county may redefine the boundaries of the enterprise zone provided
that the redefined enterprise zone meets the applicable distress
criteria provided in section 15E.194. Prior to the expiration of an
enterprise zone designation, a city or county that is not eligible to
designate an enterprise zone but previously designated the enterprise
zone pursuant to section 15E.194, Code Supplement 1997, may apply for
a one-time extension of the enterprise zone designation to one year
following the complete publication of the 2010 federal census. In
applying for a one-time extension of the enterprise zone designation,
the city or county may redefine the boundaries of the enterprise zone
provided that the redefined enterprise zone meets the distress
criteria provided in section 15E.194, Code Supplement 1997. The
department shall designate by rule the specific date of one year
following the complete publication of the 2010 federal census. Any
state or local incentives or assistance that may be conferred must be
conferred before the designation expires. However, the benefits of
the incentive or assistance may continue beyond the expiration. Section History: Recent Form
97 Acts, ch 144, §2; 98 Acts, ch 1175, § 6; 2000 Acts, ch 1213,
§3, 4, 10; 2002 Acts, ch 1145, §1, 7, 10; 2003 Acts, ch 129, §1,
5--7; 2005 Acts, ch 57, §1; 2006 Acts, ch 1133, §1--4, 10; 2007 Acts,
ch 126, §6
Referred to in § 15.119, 15E.194 Footnotes
2006 amendments to subsections 2 and 4, and adding new subsection
3, take effect May 30, 2006, and apply retroactively to March 1,
2006; 2006 Acts, ch 1133, §10
2006 amendment to subsection 5 takes effect May 30, 2006, and
applies retroactively to May 14, 1997; 2006 Acts, ch 1133, §10