As used in these rules, unless the context otherwise
requires, the definitions in Iowa Code section
15.292
shall apply to this chapter. The following definitions shall also apply:
"Abandoned public building" means a vertical
improvement constructed for use primarily by a political subdivision of the
state for a public purpose and whose current use is outdated or prevents a
better or more efficient use of the property by the current owner. "Abandoned
public building" includes vacant, blighted, obsolete, or otherwise
underutilized property.
"Acquisition" means the purchase of
brownfield or grayfield property.
"Advisory council" means the brownfield
redevelopment advisory council as established in Iowa Code section
15.294
consisting of five members.
"Affiliate" or "affiliated
entity" means any entity to which one or more of the following
applies:
1. The entity directly, indirectly, or constructively
controls another entity.
2. The entity is directly, indirectly or constructively
controlled by another entity.
3. The entity is subject to the control of a common entity. A
common entity is one which owns directly or individually more than 10 percent
of the voting securities of the entity.
"Authority" means the economic development
authority.
"Board" means the members of the economic
development authority board appointed by the governor and in whom the powers of
the authority are vested pursuant to Iowa Code section
15.105.
"Brownfield site" means an abandoned, idled,
or underutilized industrial or commercial facility where expansion or
redevelopment is complicated by real or perceived environmental contamination.
A brownfield site includes property contiguous with the property on which the
individual or commercial facility is located. A brownfield site shall not
include property which has been placed, or is proposed for placement, on the
national priorities list established pursuant to the federal Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA),
42
U.S.C. 9601 et seq.
"CERCLA" means Comprehensive Environmental
Response, Compensation, and Liability Act as defined at
42
U.S.C. 9601 et seq.
"Characterization" means determination of
both the nature and extent of contamination in the various media of the
environment.
"Community" means a city or county, or an
entity established pursuant to Iowa Code chapter 28E.
"Contaminant" means any hazardous substance
found in the various media of the environment.
"Council" means the brownfield redevelopment
advisory council, as established in Iowa Code section
15.294.
"Fund" means the brownfield redevelopment
fund established pursuant to Iowa Code section
15.293.
"Grant" means the donation or contribution
of funds with no expectation or requirement that the funds be repaid.
"Grayfield site" means an abandoned public
building or an industrial or commercial property that meets all of the
following requirements:
1. Infrastructure on the property is outdated or prevents an
efficient use of the property, including vacant, blighted, obsolete, or
otherwise underutilized property.
2. Property improvements and infrastructure are at least 25
years old and one or more of the following conditions exist:
* Thirty percent or more of a building located on the
property is available for occupancy and has been vacated or unoccupied for at
least 12 months;
* Assessed value of improvements on the property has
decreased by 25 percent or more;
* The property is used as a parking lot;
* Improvements on the property no longer exist.
"Green development" means development which
meets or exceeds the sustainable design standards as established by the state
building code commissioner pursuant to Iowa Code section
103A.8B.
"Hazardous substance" means "hazardous
substance" as defined in 567-Chapter 137 and includes petroleum substances not
addressed in 567-Chapter 135.
"Loan" means an award of assistance with the
requirement that the award be repaid, and with term, interest rate, and any
other conditions specified as part of the award. A deferred loan is one for
which the payment of principal or interest, or both, is not required for some
specified period. A forgivable loan is one for which repayment is eliminated in
part or entirely if the borrower satisfies specified conditions. A loan
guarantee is a third-party commitment to repay all or a portion of the loan in
the event that the borrower defaults on the loan.
"Political subdivision" means a city,
county, township, or school district.
"Previously remediated or redeveloped" means
any prior remediation or redevelopment, including development for which an
award of tax credits under this chapter has been made.
"Qualifying investment" means costs that are
directly related to a qualifying redevelopment project and that are incurred
after the project has been registered and approved by the board. "Qualifying
investment" only includes the purchase price, the cleanup costs, and the
redevelopment costs.
"Qualifying investor" means an applicant who
has been accepted by the department to receive a redevelopment tax
credit.
"Qualifying redevelopment project" means a
brownfield or grayfield site being redeveloped or improved by the property
owner. "Qualifying redevelopment project" does not include a previously
remediated or redeveloped brownfield or grayfield site.
"Redevelopment" means construction or
development activities associated with a qualifying redevelopment project that
are undertaken either for the purpose of constructing new buildings or
improvements at a site where formerly existing buildings have been demolished
or for the purpose of rehabilitating, reusing or repurposing existing buildings
or improvements. Redevelopment typically includes projects that result in the
elimination of blighting characteristics as defined by Iowa Code section
403.2.
"Redevelopment tax credits program" means
the tax credits program administered pursuant to Iowa Code sections
15.293A
and
15.293B.
"Remediation" includes characterization,
risk assessment, removal and cleanup of environmental contaminants located on
and adjacent to a brownfield site. Funding awards used for remediation must
comply with appropriate Iowa department of natural resources requirements and
guidelines.
"Risk evaluation" means assessment of risks
to human health and environment by way of guidelines established in 567-Chapter
137.
"Sponsorship" means an agreement between a
city or county and an applicant for assistance under the brownfield
redevelopment program in which the city or county agrees to offer assistance or
guidance to the applicant. Sponsorship is not required if the applicant is a
city or county.
"Sustainable design" means construction
design intended to minimize negative environmental impacts and to promote the
health and comfort of building occupants including, but not limited to,
measures to reduce consumption of nonrenewable resources, minimize waste, and
create healthy, productive environments. Sustainable design standards are also
known as green building standards pursuant to Iowa Code section
103A.8B.
"Vertical improvement," "improvement" or
"improved" means the same as defined in Iowa Code section
15J.2.
