Iowa Code 159.31A – Dairy innovation fund and program
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1. As used in this section unless the context otherwise requires:
a. “Financial assistance” means assistance provided only from the moneys and assets legally available to the department pursuant to this section and includes assistance in the form of grants, low-interest loans, and forgivable loans.
b. “Fund” means the dairy innovation fund.
c. “Located in” means the place or places at which a business’s operations are located and where at least ninety-eight percent of the business’s employees work, or where employees that are paid at least ninety-eight percent of the business’s payroll work.
d. “Program” means the dairy innovation program.
Terms Used In Iowa Code 159.31A
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Department: means the department of environmental quality in a reference to a time before July 1, 1983, the department of water, air and waste management in a reference to a time on or after July 1, 1983, and through June 30, 1986, and the department of natural resources on or after July 1, 1986, and includes any officer or agency within that department. See Iowa Code 172D.1
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Fund: means the grain depositors and sellers indemnity fund created in section 203D. See Iowa Code 203D.1
- Rule: includes "regulation". See Iowa Code 4.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
- year: means twelve consecutive months. See Iowa Code 4.1
2. a. The fund is created in the state treasury under the control of the department and consists of any moneys appropriated to the fund by the general assembly and any other moneys available to or obtained or accepted by the department for placement in the fund. Moneys in the fund are appropriated to the department to award financial assistance as provided under the program. The department shall use any moneys specifically appropriated for purposes of this section only for the purposes of the program.
b. Notwithstanding section 8.33, moneys in the fund that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.
3. The department shall establish and administer the program for the purpose of awarding financial assistance to eligible businesses engaged in projects that do one or more of the following:
a. Expand or refurbish existing milk plants or establish a new milk plant, operating pursuant to a permit issued pursuant to section 192.111.
b. Expand or refurbish existing mobile dairy processing units, or establish new mobile dairy processing units.
c. Rent buildings, refrigeration facilities, freezer facilities, or equipment necessary to expand dairy processing capacity, including mobile dairy or refrigeration units used exclusively for dairy processing.
d. Incorporate methods and technologies that reduce farm labor associated with milk production and storage, including but not limited to the use of robotics and processes or systems that operate using computerized equipment or machinery.
4. The department shall establish eligibility criteria for the program by rule. The eligibility criteria must include all of the following:
a. The business must be located in this state.
b. The business must not have been subject to any regulatory enforcement action related to federal, state, or local environmental, worker safety, food processing, or food safety laws, rules, or regulations within the last five years.
c. The business must only employ individuals legally authorized to work in this state.
d. The business must not currently be in bankruptcy.
e. The business must employ less than fifty individuals.
5. A business seeking financial assistance under this section shall make application to the department in the manner prescribed by the department by rule.
6. Applications shall be accepted during one or more annual application periods to be determined by the department by rule. Upon reviewing and scoring all applications that are received during an application period, and subject to funding, the department may award financial assistance to eligible businesses. A financial assistance award shall not exceed the amount of eligible project costs included in the eligible business’s application. Priority shall be given to eligible businesses whose proposed project under subsection 3 will do any of the following:
a. Create new jobs.
b. Create or expand opportunities for local small-scale milk producers to market pasteurized milk and milk products under private labels.
c. Provide greater flexibility or convenience for local small-scale farmers to have milk processed.
d. Reduce labor associated with the on-farm production and storage of milk.
7. A business that is awarded financial assistance under this section may apply for financial assistance under other programs administered by the authority.*
8. The department shall adopt rules pursuant to chapter 17A to administer this section.