473.20 - ENERGY LOAN PROGRAM.

        473.20  ENERGY LOAN PROGRAM.         1.  An energy loan program is established and shall be      administered by the office.         2.  The office may facilitate the loan process for political      subdivisions of the state, school districts, area education agencies,      community colleges, and nonprofit organizations for implementation of      energy management improvements identified in an energy analysis.      Loans shall be facilitated for all cost-effective energy management      improvements.  For political subdivisions of the state, school      districts, area education agencies, community colleges, and nonprofit      organizations to receive loan assistance under the program, the      office shall require completion of an energy management plan      including an energy analysis.  The office shall approve loans      facilitated under this section.         3. a.  Cities and counties shall repay the loans from moneys      in their debt service funds.  Area education agencies shall repay the      loans from any moneys available to them.         b.  School districts and community colleges may enter into      financing arrangements with the office or its duly authorized agents      or representatives obligating the school district or community      college to make payments on the loans beyond the current budget year      of the school district or community college.  Chapter 75 shall not be      applicable.  School districts shall repay the loans from moneys in      either their general fund or debt service fund.  Community colleges      shall repay the loans from their general fund.  Other entities      receiving loans under this section shall repay the loans from any      moneys available to them.         4.  For the purpose of this section, "loans" means loans,      leases, or alternative financing arrangements.         5.  Political subdivisions of the state, school districts, area      education agencies, and community colleges shall design and construct      the most energy cost-effective facilities feasible and may use      financing facilitated by the office to cover the incremental costs      above minimum building code energy efficiency standards of purchasing      energy-efficient devices and materials unless other lower cost      financing is available.  As used in this section, "facility"      means a structure that is heated or cooled by a mechanical or      electrical system, or any system of physical operation that consumes      energy to carry out a process.         6.  The office shall not require the state, state agencies,      political subdivisions of the state, school districts, area education      agencies, and community colleges to implement a specific energy      management improvement identified in an energy analysis if the entity      which prepared the analysis demonstrates to the office that the      facility which is the subject of the energy management improvement is      unlikely to be used or operated for the full period of the expected      savings payback of all costs associated with implementing the energy      management improvement, including without limitation, any fees or      charges of the office, engineering firms, financial advisors,      attorneys, and other third parties, and all financing costs including      interest, if financed.  
         Section History: Recent Form
         86 Acts, ch 1167, § 3         C87, § 93.20         87 Acts, ch 209, § 2; 90 Acts, ch 1252, § 12; 90 Acts, ch 1253, §      120; 91 Acts, ch 253, §8         C93, § 473.20         94 Acts, ch 1029, §30; 2001 Acts, ch 60, §1; 2008 Acts, ch 1126,      §27--29, 33; 2009 Acts, ch 108, §35, 41         Referred to in § 279.53, 298.3, 469.3, 473.19, 473.20A