15E.195 - ENTERPRISE ZONE COMMISSION.
15E.195 ENTERPRISE ZONE COMMISSION.
1. A county which designates an enterprise zone pursuant to
section 15E.194, subsection 1, and in which an eligible enterprise
zone is certified shall establish an enterprise zone commission to
review applications from qualified businesses located within or
requesting to locate within an enterprise zone designated pursuant to
section 15E.194, subsection 1, to receive incentives or assistance as
provided in section 15E.196. The enterprise zone commission shall
also review applications from qualified housing businesses requesting
to receive incentives or assistance as provided in section 15E.193B.
The commission shall consist of nine members. Five of these members
shall consist of one representative of the board of supervisors, one
member with economic development expertise chosen by the department
of economic development, one representative of the county zoning
board, one member of the local community college board of directors,
and one representative of the local workforce development center.
These five members shall select the remaining four members. If the
enterprise zone consists of an area meeting the requirements for
eligibility for an urban or rural enterprise community under Title
XIII of the federal Omnibus Budget Reconciliation Act of 1993, one of
the remaining four members shall be a representative of that
community. A county shall have only one enterprise zone commission
to review applications for incentives and assistance for businesses
located within or requesting to locate within a certified enterprise
zone designated pursuant to section 15E.194, subsection 1.
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 and which designates an enterprise zone pursuant to section
15E.194, subsection 2 or 3, and in which an eligible enterprise zone
is certified shall establish an enterprise zone commission to review
applications from qualified businesses located within or requesting
to locate within an enterprise zone to receive incentives or
assistance as provided in section 15E.196. The enterprise zone
commission shall review applications from qualified housing
businesses requesting to receive incentives or assistance as provided
in section 15E.193B. The commission shall consist of nine members.
Six of these members shall consist of one representative of an
international labor organization, one member with economic
development expertise chosen by the department of economic
development, one representative of the city council, one member of
the local community college board of directors, one member of the
city planning and zoning commission, and one representative of the
local workforce development center. These six members shall select
the remaining three members. If the enterprise zone consists of an
area meeting the requirements for eligibility for an urban enterprise
community under Title XIII of the federal Omnibus Budget
Reconciliation Act of 1993, one of the remaining three members shall
be a representative of that community. If a city contiguous to the
city designating the enterprise zone is included in an enterprise
zone, a representative of the contiguous city, chosen by the city
council, shall be a member of the commission. A city in which an
eligible enterprise zone is certified shall have only one enterprise
zone commission. If a city has established an enterprise zone
commission prior to July 1, 1998, the city may petition to the
department of economic development to change the structure of the
existing commission.
3. The commission may adopt more stringent requirements,
including requirements related to compensation and benefits, for a
business to be eligible for incentives or assistance than provided in
sections 15E.193 and 15E.193B. The commission may develop as an
additional requirement that preference in hiring be given to
individuals who live within the enterprise zone. The commission
shall work with the local workforce development center to determine
the labor availability in the area. The commission shall examine and
evaluate building codes and zoning in the enterprise zone and make
recommendations to the appropriate governing body in an effort to
promote more affordable housing development.
4. If the enterprise zone commission determines that a business
qualifies and is eligible to receive incentives or assistance as
provided in section 15E.193B or 15E.196, the commission shall submit
an application for incentives or assistance to the department of
economic development. The department may approve, defer, or deny the
application.
5. a. In making its decision, the commission or department
shall consider the impact of the eligible business on other
businesses in competition with it and compare the compensation
package of businesses in competition with the business being
considered for incentives or assistance. The commission or
department shall make a good faith effort to identify existing Iowa
businesses within an industry in competition with the business being
considered for incentives or assistance. The commission or
department shall also make a good faith effort to determine the
probability that the proposed incentives or assistance will displace
employees of existing businesses. In determining the impact on
businesses in competition with the business seeking incentives or
assistance, jobs created as a result of other jobs being displaced
elsewhere in the state shall not be considered direct jobs created.
b. However, if the commission or department finds that an
eligible business has a record of violations of the law, including
but not limited to environmental and worker safety statutes, rules,
and regulations, over a period of time that tends to show a
consistent pattern, the eligible business shall not qualify for
incentives or assistance under section 15E.193B or 15E.196, unless
the commission or department finds that the violations did not
seriously affect public health or safety or the environment, or if it
did that there were mitigating circumstances. In making the findings
and determinations regarding violations, mitigating circumstances,
and whether an eligible business is eligible for incentives or
assistance under section 15E.193B or 15E.196, the commission or
department shall be exempt from chapter 17A. If requested by the
commission or department, the business shall provide copies of
materials documenting the type of violation, any fees or penalties
assessed, court filings, final disposition of any findings, and any
other information which would assist the commission or department in
assessing the nature of any violation.
6. A business that is approved to receive incentives or
assistance shall, for the length of its designation as an enterprise
zone business, certify annually to the county or city, as applicable,
and the department of economic development its compliance with the
requirements of section 15E.193 or 15E.193B. Section History: Recent Form
97 Acts, ch 144, §5; 98 Acts, ch 1175, §12; 98 Acts, ch 1223, §17;
2001 Acts, ch 141, §6, 8; 2002 Acts, ch 1119, §120; 2004 Acts, ch
1003, §9, 12; 2006 Acts, ch 1133, §8, 10; 2008 Acts, ch 1032, § 201
Referred to in § 15.119, 15E.193B, 15E.196, 15E.197 Footnotes
2006 amendment to subsection 2 takes effect May 30, 2006, and
applies retroactively to March 16, 2006; 2006 Acts, ch 1133, §10