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2024 State Legislative PrioritiesCity of Dubuque Consent Items # 022. City Council Meeting ITEM TITLE: 2024 State Legislative Priorities SUMMARY: SUGGESTED DISPOSITION: ATTACHMENTS: Description MVM Memo Copyrighted November 20, 2023 City Manager recommending adoption of the 2024 State Legislative Priorities. Suggested Disposition: Receive and File; Approve 2024 State Legislative Priorities Type City Manager Memo Supporting Documentation THE C DUjIBQTE Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: 2024 State Legislative Priorities DATE: November 16, 2023 Dubuque WAWca 914 ii 2007-2012.2013 2017*2019 Director of Strategic Partnerships Teri Goodmann worked with the Department Managers and City of Dubuque strategic partners to develop a set of recommended 2024 State Legislative Priorities and is recommending adoption of the attached priorities. I concur with the recommendation and respectfully request Mayor and City Council adoption of the 2024 State Legislative Priorities. 1�,Altvw� k�w Mic aeI C. Van Milligen MCVM:sv Attachment CC' Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Teri Goodmann, Director of Strategic Partnerships Dubuque THE CITY OF All -America City UB E 'I I' 2007.2012.2013 Masterpiece on the Mississippi 2017*2019 2024 STATE LEGISLATIVE PRIORITIES Table of Contents STATE LEGISLATIVE PRIORITIES — 915T IOWA ASSEMBLY............................................................................4 1. TAX RELATED POLICIES..............................................................................................................................5 a. LOCAL TAX LEVY AUTHORITY................................................................................................................ 5 b. LOCAL OPTION SALES TAX.....................................................................................................................5 c. REINSTATE BACKFILL.............................................................................................................................5 d. ASSESSOR'S BILL....................................................................................................................................6 e. STATE MANDATES.................................................................................................................................6 2. ECONOMIC DEVELOPMENT......................................................................................................................7 a. TAX INCREMENT FINANCING (TIF)........................................................................................................7 b. EMINENT DOMAIN................................................................................................................................9 c. STATE HISTORIC TAX CREDITS...............................................................................................................9 d. QUALITY OF LIFE & COMMUNITY ENHANCEMENTS...........................................................................10 e. CHILDCARE..........................................................................................................................................10 f. LAND BANK POLICY..............................................................................................................................11 g. BROWNFIELD REMEDIATION..............................................................................................................11 3. EQUITY....................................................................................................................................................12 a. MANDATORY MINIMUM SENTENCING...............................................................................................12 b. RACE & EQUITY IMPACT STATEMENTS...............................................................................................12 c. FUNDING FOR YOUTH/YOUNG ADULT INTERNSHIPS.........................................................................13 d. EARLY WARNING SYSTEMS.................................................................................................................13 e. SUPPORT FOR WOMEN AND BIPOC (BLACK, INDIGENOUS, PEOPLE OF COLOR) OWNED SMALL BUSINESSES.............................................................................................................................................14 f. DECRIMINALIZATION OR LEGALIZATION OF MARIJUANA USE & POSSESSION...................................14 g. SUPPORT COURT FINE & FEE REFORM................................................................................................14 4. TRANSPORTATION..................................................................................................................................16 a. TRANSPORTATION FUNDING..............................................................................................................16 b. RAILROAD SAFETY AND DELAYS..........................................................................................................16 c. IOWA'S ROAD USE TAX FUND (RUTF).................................................................................................16 d. PASSENGER RAIL.................................................................................................................................17 5. DUBUQUE REGIONAL AIRPORT...............................................................................................................18 a. GROW IOWA'S AVIATION WORKFORCE..............................................................................................18 b. AIRPORT VERTICAL INFRASTRUCTURE FUNDING...............................................................................18 6. HOUSING.................................................................................................................................................20 a. STATEWIDE BUILDING CODE ADOPTION............................................................................................20 1 1 P a g e b. SMART GROWTH WORKFORCE HOUSING GRANT PROGRAM...........................................................21 c. WORKFORCE HOUSING TAX CREDITS..................................................................................................22 7. TECHNOLOGY & INNOVATION................................................................................................................23 a. BROADBAND INFRASTRUCTURE.........................................................................................................23 8. EMERGENCY MANAGEMENT & HOMELAND SECURITY..........................................................................24 a. FLOOD MITIGATION PROGRAM..........................................................................................................24 b. COMBINED EMERGENCY COMMUNICATIONS & EMERGENCY OPERATIONS CENTER.......................24 9. PUBLIC SAFETY........................................................................................................................................26 a. FIREARMS & VIOLENT CRIME..............................................................................................................26 b. MENTAL HEALTH/EMT TEAMS TO SUPPORT POLICE & COMMUNITY SAFETY...................................26 c. FULL FUNDING FOR JUDICIAL BRANCH SERVICES...............................................................................26 d. HATE CRIME STATUTE.........................................................................................................................26 e. REVIEW OF LAW ENFORCEMENT HIRING PROCESSES (CIVIL SERVICE & CODE REQUIREMENTS) ..... 27 10. LIBRARY SERVICES.................................................................................................................................28 a. ENRICH IOWA......................................................................................................................................28 b. HOMETOWN GOVERNANCE FOR PUBLIC LIBRARIES..........................................................................28 11. HUMAN RESOURCES.............................................................................................................................29 a. MUNICIPAL FIRE & POLICE RETIREMENT SYSTEM OF IOWA...............................................................29 b. 411 SUBROGATION.............................................................................................................................29 c. CONTINUATION OF GROUP INSURANCE.............................................................................................30 12. IOWA CODE CHANGES..........................................................................................................................31 a. MOBILE HOME COMMUNITY PROTECTIONS......................................................................................31 b. AUTHORITY TO PETITION FOR TITLE TO ABANDONED LOTS..............................................................31 c. UNDERAGE & BINGE DRINKING..........................................................................................................31 d. "GOOD MORAL CHARACTER" LANGUAGE..........................................................................................32 e. ADULT ENTERTAINMENT....................................................................................................................32 13. PLANNING & ZONING............................................................................................................................33 a. EXPAND CITIES' EXTRATERRITORIAL JURISDICTION............................................................................33 b. SMART PLANNING PRINCIPLES...........................................................................................................33 c. LIVABLE COMMUIJTIES........................................................................................................................33 d. HISTORIC SITE PRESERVATION GRANT PROGRAM (HSPG).................................................................34 e. PROPERTY OWNERS ON HISTORIC PRESERVATION COMMISSIONS...................................................34 g. STATE HISTORIC PRESERVATION OFFICE STAFF..................................................................................34 h. TRANSPORTATION AND INFRASTRUCTURE........................................................................................34 14. PARKS & RECREATION...........................................................................................................................36 2 1 P a g e a. PARKS TO PEOPLE INITIATIVE..............................................................................................................36 b. MINES OF SPAIN STATE RECREATION AREA.......................................................................................36 c. RESOURCE ENHANCEMENT AND PROTECTION (REAP).......................................................................38 d. NATURAL RESOURCES & OUTDOOR RECREATION TRUST FUND........................................................38 e. STATE RECREATIONAL TRAILS PROGRAM...........................................................................................39 15. ARTS & CULTURE...................................................................................................................................41 a. ARTS & CULTURE FUNDING................................................................................................................41 16. SUSTAINABILITY & RESILIENCY..............................................................................................................44 a. ENERGY EFFICIENCY & ALTERNATIVE ENERGY....................................................................................44 17. PUBLIC HEALTH.....................................................................................................................................46 a. PUBLIC HEALTH FUNDING...................................................................................................................46 b. BRAIN HEALTH....................................................................................................................................46 c. CHILDREN'S BRAIN HEALTH PRIORITIES..............................................................................................47 d. COMMUNITY HEALTH CENTERS..........................................................................................................47 e. ACCESS TO HIGH QUALITY, AFFORDABLE HEALTH CARE....................................................................47 f. RECRUIT & RETAIN A QUALIFIED HEALTHCARE WORKFORCE.............................................................48 g. OPIOID EPIDEMIC................................................................................................................................48 h. NOTICE OF VIOLATION........................................................................................................................49 i. CHILDHOOD LEAD POISONING.............................................................................................................49 j. HEALTHY LOCAL FOODS.......................................................................................................................50 3 1 P a g e STATE LEGISLATIVE PRIORITIES - 91ST IOWA ASSEMBLY Municipal local control, also known as "Home Rule," is an important law (38A Municipal Home Rule) that was added to the Iowa Constitution in 1968. This law reflects the agreed upon principle that local governments, closest to the people, can make the best decisions for their respective communities. Local government is best positioned to make decisions for the operations and growth of the community. This is done in partnership with state government. Local governments have the best sense of the unique needs and opportunities for their community. The Home Rule law was intended to provide local governments with a reasonable level of freedom and autonomy to govern. Unfortunately, the principle of Home Rule has been preempted through many acts of the Iowa Legislature over the past decade. Home Rule asserts the right of local governments to make decisions at the local level. Decisions made at the local level can take into consideration impacts on citizens. Local control allows city governments across Iowa to respond to the unique circumstances of the community, community needs and concerns, community hopes and aspirations. The upcoming 91st Iowa Assembly is poised to continue its path of whittling away and the Home Rule law and in doing so will continue to limit the freedom of local governments to determine a future that is best and brightest for its citizens. In addition to respecting the Iowa Constitution's Home Rule amendment, the Iowa Legislature can help Iowa grow its population by preserving essential economic development tools like Tax Increment Financing (TIF) and State Historic Tax Credit program. Cities are full partners with the State of Iowa in our work to ensure a bright future for Iowans for generations to come. A clear understanding of the roles of State and local government and the preservation of economic development tools is critical to delivering on mutual goals. 4 1 P a g e 1. TAX RELATED POLICIES a. LOCAL TAX LEVY AUTHORITY The Dubuque City Council and staff have worked diligently and responsibly to provide excellent stewardship of public tax dollars. The City of Dubuque has consistently had the lowest or one of the lowest tax levies of the eleven largest cities in Iowa. Dubuque has demonstrated a high level of success in local and regional economic growth and corresponding population growth unlike most of the cities/counties in the state of Iowa. Usurping control of local government's ability to determine the tax levy rate with "one size fits all" legislation does not support the goals of Dubuque or the State Legislature nor do we believe it will yield a successful and prosperous future for Iowa. REQUESTED ACTION We urge our state elected officials who wish to preempt local control of the property tax levy to consider the outcomes and respect the authority and ability of local governments to determine what is best for their communities in each unique circumstance. Minimally we ask that there be: • No hard caps on total revenues that cities can derive. • No hard caps on overall/total city levy rate. • "Net New" outside of any growth limitations - don't penalize growth. b. LOCAL OPTION SALES TAX The City of Dubuque does not support legislation that would authorize the State of Iowa to raise the state sales tax by eliminating the local option sales tax (LOST) with a promise to local governments that the State would redistribute an undetermined "backfill" amount for an unspecified period. REQUESTED ACTION As state legislators consider LOST legislation, we ask that they work to reduce financial harm to local governments. c. REINSTATE BACKFILL Legislation providing for commercial property tax reform passed in the Iowa Assembly in 2013. This legislation included language providing for cities and protecting local residential taxpayers ensuring they would not bear the tax burden of this reform bill. Senate File 619 passed in 2021 which phases out the commercial and industrial property tax replacement claims, known as the backfill, in either five or eight years, depending on valuation growth. REQUESTED ACTION Reinstate funding the backfill and hold Iowa cities and residential property taxpayers harmless for the backfill created by the commercial property tax reform legislation in 2013. Reverse Senate File 619 which passed in 2021 and phases out backfill. 5 1 P a g e d. ASSESSOR'S BILL Property tax experts or representatives are now part of the tax appeal process. A tax representative can file an appeal for a large commercial property under a contingency basis, receiving their pay based on a percentage of the property tax savings they can achieve for their client. In many of these cases little or no money is expended by the taxpayer. The representative files a protest with the Board of Review and supplies little or no information to the Board. The Board may deny the protest, but the tax representative will file a protest to either District Court or the Property Assessment Appeal Board. At this point the tax representative may produce more information, or they may try to negotiate a settlement. On the assessor's side it may be very costly to hire appraisals and fight this out in Court. A single appraisal for a large Commercial or Industrial property will easily exceed $5000. Also, many appeals to the Board of Review are filed at the last minute with a statement such as information to be presented at the hearing. Many appellants never provide the information or provide it very late in the Board of Review session, so the Board is unable to reach a well-founded conclusion. REQUESTED ACTION Request the Iowa Legislature to limit appeals to District Court and the Property Assessment Appeal Board to matters and information that were presented before the local Board of Review. e. STATE MANDATES Cities are often faced with implementing mandates from the state and federal governments without receiving the necessary funds for implementation. REQUESTED ACTION Enact legislation that exempts local government from providing any new service or engaging in any new activities mandated by the state if the state does not provide full funding for the mandated additional staff, equipment, and infrastructure. 6 1 P a g e 2. ECONOMIC DEVELOPMENT The role of city government in economic development is crucial. Economic activity requires roads, streets, airports, water and sanitation. New jobs necessitate more and better workforce housing as well as quality, affordable childcare. Growing businesses seek quality of life amenities for employees and families, such as parks, recreation, bike trails, art, museums, and libraries. Protection and safety of property and life must be assured. A community must value equity and be welcoming. This can only be accomplished with the strong support of an effective city government in partnership with local private sector and non-profit leaders and state and federal government officials. a. TAX INCREMENT FINANCING (TIF) The Iowa Code provides that cities can use TIF for certain public and private economic development purposes once an urban renewal plan is approved and an urban renewal district established. The ability to use TIF to assist private economic development projects in urban renewal districts is an essential ingredient of the City of Dubuque's nationally recognized success, providing financing and incentives for private investment. The City of Dubuque has prioritized the redevelopment of our urban core; cities need tools like TIF to accomplish this. The Slum and Blight Urban Renewal TIF allows cities across the state to reclaim their urban cores, restore otherwise abandoned historic properties, and create more sustainable communities. TIF is one of the most important economic development tools available to cities. Since 2010, there have been a total of 63 development projects that have utilized TIF. These projects have received an estimated $61,483,169 in direct TIF incentives. These projects have leveraged $578,304,204 in capital investment throughout the greater downtown and Industrial parks. These projects have resulted in the retention of 4,102 jobs in Dubuque and the creation of 806 jobs. This does not include many of the jobs added to the downtown employment base where there was no direct TIF agreement with the employer but rather the projects were facilitated by loan pools and other methods benefiting from the Downtown TIF district. This has all worked because responsible elected officials, who while acting in an entrepreneurial fashion to encourage community growth, have used TIF, the City's only meaningful local economic incentive, in a strategic fashion. Dubuque has leveraged TIF to achieve consistent, significant job growth and maintain a strong, diversified local economy. Over the years, it has facilitated the purchase and development of over 1,000 acres of land in our industrial parks and Port of Dubuque, the attraction and expansion of 91 businesses, and created 9,294 jobs. Dubuque has been the recipient of numerous awards from organizations as diverse as the EPA, the Human Rights Campaign, the National Civic League, the International Economic Development Council, Forbes, SmartAsset.com, and the White House for its strong resilient economy, variety of amenities, and inclusivity. Since TIF is really the only economic development financing tool available to Iowa cities, Dubuque often uses TIF as the local match required when partnering with the Iowa Economic Development Authority. This was certainly the case with the 1,300 jobs created by IBM, the over 200 retained and 200 created 7 1 P a g e jobs at Hormel, the 420 jobs retained and created by A.Y. McDonald, and most recently the attraction of 270 high quality jobs at Simmons Pet Food. Without the flexibility this tool provides, Dubuque would not have this kind of success in job creation and retention. A very important priority of the City of Dubuque, the Historic Millwork District, benefited initially with a $105 million investment of private and public dollars, rebuilding much of the street network, underground utilities, creating parking and renovating the Caradco Building (Schmid Innovation Center) into 72 apartments, and 35,000 square feet of commercial and retail space. Two additional buildings requiring approximately $40 million in investment, with 92 additional apartments and tens of thousands of square feet of commercial industrial space were renovated and came online in 2015. In 2021, Dupaco Community Credit Union completed the $30+ million rehabilitation of a five -story building to house its corporate headquarters. And 2023 saw the completion of another 48 apartments with a private investment of over $10 million. Ultimately, the entire Historic Millwork District will easily exceed $200 million in investment leveraging new business creation and much needed workforce housing for Dubuque. This Historic Millwork District slum and blight subarea TIF was established in 2008. Legislative proposals which place restrictions on Slum and Blight Urban Renewal TIF Districts would rapidly dissolve the City's financial investment in this priority project for the City of Dubuque which will require many more years, and likely decades, of investment in order to reach its potential. The City of Dubuque would oppose TIF reform that would prohibit the use of TIF revenue on public buildings, which would stop the creation of parking ramps (vital to the economic viability of downtown businesses) and City efforts to restore the Historic Federal Building, an iconic anchor building in the downtown allowed to go into disrepair by the Federal Government. In addition, the City of Dubuque would oppose the removal of current levy amounts from available funds to support projects. Removing the school levy, for instance, from the available increment essentially cuts the incentive in half. The City of Dubuque has supported legislation requiring increased transparency, fastidious data collection and antipiracy language for TIF reform, but cannot support reform that limits or sunsets the City's use of slum and blight and economic development TIFs. Even in these areas, the Retiring TIF - New Tax Money to Taxing Bodies in Fiscal Year 2019 $900,000 $800,000 $700,000 $600,000 $so0,000 $400,000 $300,000 $234,752 $200,000 $170,958 $99,532 $100,000 . -$17�264 $9,854 $- Tech Park South -2019 $795,174 $579,086 $337,144 $5M8' 377 DICW - Subarea D -2019 ■DCSD scity ■County •NICC ■Other language should be narrowly crafted so as not to stifle economic and community development activities by cities. No language should be included that could limit or destroy job creation and economic development potential that exists in current TIF laws. REQUESTED ACTION Support efforts to maintain Tax Increment Financing as an economic development financing tool. Oppose restrictions on use of TIF for public infrastructure and oppose the "sunsetting" of TIF districts. 8 1 P a g e b. EMINENT DOMAIN During 2006, the Legislature approved changes to the Eminent Domain Law. Included in the changes, and of particular concern, is the requirement that seventy-five percent or more of the area included in the urban renewal plan must consist of property in a slum or blighted condition at the time the plan was established in order for the entire project or acquisition plan area to be subject to condemnation by the municipality. We believe that a 51% threshold is more reasonable. Furthermore, the new language provides that the project or acquisition plan area shall only include the adjacent and contiguous parcels necessary for the completion of planned activities for a specific business or housing project. This language would be limiting for downtown development projects that may be larger in scope than just the parcels that meet the definition of slum and blight. Lastly, the burden for the use of eminent domain for airport project is increased by the requirement that the Board of Supervisors must hold a public hearing and pass a resolution unless the airport improvement is FAA -required. This creates additional layers of burden on a municipality. REQUESTED ACTION Support efforts to amend sections of the Eminent Domain Law to allow for changes as proposed by the Iowa League of Cities and noted above. c. STATE HISTORIC TAX CREDITS The Iowa Historic Preservation Tax Credit was passed in May 2000 to promote investment in our historic resources in communities, codified in Section 404A.4. Rehabilitation of these resources contributes to the economic viability as well as the strength of our communities. The secondary impacts of this historic tax credit on our communities are countless. The program provides a tax credit of 25% of the qualified rehabilitation expenses for qualified projects. Thus, each credit represents an investment in our community of at least four times the amount of the credit. Additional revenues are generated through increased property taxes, income taxes, and sales taxes. The cap for the program is currently set at $45 million per year. Between the beginning of the program in 2000 and now, Dubuque has completed over four dozen projects using the State Historic Tax Credit program. These projects leverage over 3 times the amount of SHTCs invested in the project from other funding sources. These projects have added well over 3,000 permanent jobs to our economy, not including the construction jobs to complete the large projects. These 3,000 people would equate to a $120 million annual payroll. Critical workforce housing needs in the City of Dubuque make state historic tax credits and other financial incentives a top priority as the City works to promote redevelopment and reinvestment in our urban core. In the 2022 Legislative session, the refundability of the historic tax credit was scaled back so that by 2027, the credit will be only 75% refundable. It ratchets down 5% a year beginning with projects completed in 2023. 9 1 P a g e REQUESTED ACTION Join with local governments across the state and private sector partners through membership in Smart Growth Development Coalition to: • Restore the State Historic Tax Credit to 100% refundable. • Preserve, improve, and expand the State Historic Tax Credit Program boosting credit from 25%to 30% to mirror the Federal Historic Tax Credits. • Increase staffing levels of State departments that review tax credit applications. • Increase the State capped dollar amount. d. QUALITY OF LIFE & COMMUNITY ENHANCEMENTS Successful quality of life programs needs continued funding, such as Enhance Iowa, REAP, CAT funds, Iowa Great Places, the Iowa Main Street program funds, and tax credits for historic preservation. Having a variety of recreational, historic, cultural, and outdoor amenities in a community attracts and retains families and a solid workforce. The listed programs allow the City and its partners to create those amenities. REQUESTED ACTION Protect and enhance economic development tools enabling cities in Iowa to promote economic improvement throughout the state through investment in our recreational and outdoor amenities, cultural offerings, and historic rehabilitation of our unique downtowns. e. CHILDCARE In many Iowa communities, childcare has become unaffordable, inaccessible, or nonexistent. As a result, working parents miss work, drop shifts, are less engaged on the job, switch employers, or leave the workforce altogether. Childcare is an essential and under -emphasized tool for our state to develop, grow, and sustain a reliable workforce. Research consistently shows that increasing workers' access to affordable, high quality childcare options aren't simply a benefit for parents; it improves the economy. Providing access to quality affordable childcare positively impacts the bottom line of Iowa companies and is critical to sustaining a strong workforce and economy. REQUESTED ACTION The City of Dubuque supports the following recommendations of the Iowa Women's Foundation: o INVESTING IN THE CHILDCARE WORKFORCE - childcare providers earn an average of $10.76 per hour in Iowa, leaving us ranked 451h in the nation. The third -lowest paid profession statewide after locker room attendants and lifeguards. ■ Identify a sustainable source of funding for ChildCare WAGE$® Iowa and T.E.A.C.H. Early Childhood° IOWA statewide beyond SFY24. ■ Implement tax cuts and credits to incentivize participation in the childcare workforce. 101 Page o SUPPORT FOR CHILDCARE BUSINESSES ■ Increase childcare assistance reimbursement rate to increase revenue for childcare businesses. ■ Create a subcategory of commercial property used for childcare centers to treat property tax the same as residentially classed property. ■ Identify a sustainable public -private funding source to help support the shared services business competencies programs long term. o QUALITY CHILDCARE FOR FAMILIES ■ Increase income eligibility for ChildCare Assistance to 185% incrementally at 5% annually and 75% of the market rate survey. Iowa's income limit is currently 145% of the Federal Poverty Level. In comparison, Iowa is ranked 46t" of all states. o CHILDCARE SOLUTIONS FOR BUSINESSES ■ Identify long-term funding to support additional Business Incentive matching grants. Previous grant program resulted in 36 applications. Additional communities were interested in applying but unable to meet the timeline. ■ Implement tax incentives and credits to incentivize businesses to increase investments in childcare, resulting in an increase in quality childcare across the state. f. LAND BANK POLICY In order to return blighted and abandoned properties to productive use quickly, states have passed legislation that streamlines the tax foreclosure process by giving ownership of these tax reverted properties to a nonprofit land bank therefore obtaining them earlier in the tax foreclosure auction process. Further legislative reform in these states has redirected money collected from unpaid and delinquent property taxes toward land banks for purposes of funding the land banks and for the purchase of tax reverted properties. The City of Dubuque in collaboration with its regional partners will explore the formation of a land bank that would purchase tax reverted properties through the tax foreclosure process. The land bank would maintain these properties until purchase by a responsibility buyer, ensuring the properties return to productive use. REQUESTED ACTION Support Land Bank legislation and work with State partners to approve redirection of monies collected from unpaid and delinquent property to a regional landbank for funding and for the purchase of additional tax reverted properties. g. BROWNFIELD REMEDIATION A brownfield site is a property that has real or perceived contamination which prevents its redevelopment. In order to return brownfield properties to their best and highest use, various remediation strategies can be employed. Depending on the level of contamination and the intended future use of the property, these strategies can be more or less invasive and consequently more or less expensive. Current code language leaves room for interpretation of the required remediation and can 111 Page cause the cost of property redevelopment to rise to a level that inhibits projects from moving forward. This increased cost affects both the public and private sector as they prepare land for redevelopment. An example is that "tipping fees" at the landfill for contaminated soil can be double the fee for other materials. Addressing known releases in an affected area may take a variety of forms dependent on the goals for reaching the highest productive use of an affected area, including but not limited to remedies such as: active remediation; passive remediation; restrictive covenants; and DNR approved capping. Contaminant -specific fate and transport, toxicity, and volatility should be evaluated against exposure pathways that exist prior to and after implementation of a remedy when determining remedy efficacy and approval. REQUESTED ACTION Modify Iowa Code Chapter 137 to allow for remediation strategies that minimize development costs while still protecting health and safety, such as capping shallow soils where said cap would be designed into the redevelopment plan anyway. 3. EQUITY a. MANDATORY MINIMUM SENTENCING Mandatory minimum sentences are punishments ordered by judges with terms set by the legislature to those who have been convicted of crime; they dictate that certain crimes require, by law, a set amount of time in prison. Mandatory minimum sentencing laws effectively strip judges of their authority to take the circumstances of a crime into account and shift sentencing power to prosecutors who can use the threat of these laws to intimidate defendants into pleading guilty in order to receive a reduced sentence (Written Submission of the American Civil Liberties Union on Racial Disparities in Sentencing, 2014). In theory, mandatory minimum sentencing laws are "race neutral" and should affect everyone who has been convicted of a crime equally regardless of race. In practice, however, this is very much not the case. Prosecutors are more likely to levy heavier charges against people of color in general than they are against whites, while federal prosecutors are over twice as likely to charge black defendants with offenses that carry a mandatory minimum than white defendants (Report to the United Nations on Racial Disparities in the U.S. Criminal Justice System, 2018). This has led to Iowa having one of the highest rates of imprisonment for black people in the nation (Stageberge & Rabey, 2013). In 2016, 35% of the 1,196 Iowa inmates serving mandatory sentences were Black. REQUESTED ACTION Support striking mandatory minimum sentencing provisions, allowing judges to apply sentencing guidelines in a way that takes facts into consideration so that sentences fit the crime. b. RACE & EQUITY IMPACT STATEMENTS Used to address possible disparities caused by proposed legislation, minority impact statements largely serve as guidelines for state legislators to utilize in crafting laws that are fair and do not have disproportionately negative effects on women, people of color, families, and people with disabilities. Minority impact statements were designed to help prevent disparities from getting worse and are in use in Iowa with a particular focus on criminal justice disparities. A 2019 review of Iowa's minority impact 121Page statements for criminal matters found that statements need to be made available to all stakeholders much earlier in the legislative process; they need to be thorough and comprehensive and not a generic analysis; and that legislation should specifically prohibit the passage of bills where the impact statement indicates the bill would increase disparities. See The Promise of Racial Impact Statements. REQUESTED ACTION Support legislation that requires thorough minority impact statements to be attached early to any bill, joint resolutions, or amendment and that prohibits passage of bills where the impact statement indicates the bill would increase disparities. Require review of bills by appropriate commissions under the Iowa Department of Human Rights. c. FUNDING FOR YOUTH/YOUNG ADULT INTERNSHIPS Internships provide experience, training, and build connections that can help youth and young adults achieve professional success. Youth and young adults with internships on their resumes are more likely to find full-time employment after they graduate, with over 50% reporting job offers by the time they graduate (Hecht, 2016). In addition, internships have been shown to help change career directions for the better, with 34.8% indicating a significant change in career direction and 46.3% indicating a slight change (Saltikoff, 2017). There are significant racial disparities among interns; while over 68% of white students have participated in internships, less than 60% of black and Latino students have participated in them (Hecht, 2016). Gender disparities are also significant, with women being 20% more likely to be in unpaid internships than men. Unpaid internships largely go to those who can afford them, with students from high -income households being more likely to participate than students from low-income households. REQUESTED ACTION Support legislation that provides funding specifically targeted towards creating paid internships along with targeted recruitment of applicants of color. d. EARLY WARNING SYSTEMS As it relates to policing, an early warning system is a data -based management tool used to detect and categorize officers who exhibit problem behaviors and to correct said behaviors. Effectively, early warning systems are supposed to help police departments get involved before their officers' problem behaviors merit some form of penalty. Early warning systems have been used since the 1980s. By 1999, 39% of police departments were using early warning systems (Walker, Geoffrey, & Kenney, 2001). By 2007, an estimated 65% of police departments utilized early warning systems (Vracar, 2020). Even though early warning systems have seen more use over the years, problematic behavior persists. The core issue with early warning systems is not that they are underutilized, but that there is no process to audit existing early warning systems that would prevent protocol from being ignored. REQUESTED ACTION Ensure that local governments have the flexibility to establish early warning systems while encouraging local police departments to utilize them. 131Page e. SUPPORT FOR WOMEN AND BIPOC (BLACK, INDIGENOUS, PEOPLE OF COLOR) OWNED SMALL BUSINESSES With only one minority -owned business for every 43 residents, Iowa's ratio is the lowest in the nation (Clark, 2014). Iowa's black population is one of the most underserved small business markets in the nation, representing a mere .8 percent of Iowa's business population compared to 7.1 percent nationally (Armstrong, 2016). Disproportionately, businesses owned by people of color have not had access to the funding provided by certain federal and state programs. People of color who own small businesses are less likely to have strong relationships with their financial institutions, and many immigrants and refugees who own small businesses are less likely to have access to information they need (Thrane, 2020). The largest minority business development program in the state — the Targeted Small Business (TSB) program — has received severely limited promotion since 2012 (Augustine, 2014). As a result of the COVID-19 pandemic, however, a fund has been created to support the TSB program (COVID-19 Targeted Small Business Sole Operator Fund, 2020). Consistent funding for and promotion of the TSB program would make it easier for more minority business owners to access and learn about resources they could use to support their businesses. REQUESTED ACTION Support legislation that provides targeted funding for women and BIPOC owned small businesses. f. DECRIMINALIZATION OR LEGALIZATION OF MARIJUANA USE & POSSESSION Under both federal law and Iowa state law, recreational use of marijuana is illegal. Iowa has some of the harshest penalties for first -offense marijuana possession in the nation, with possession of any amount of marijuana being a misdemeanor with 6 months of incarceration and having a maximum fine of $1000. These penalties are far more likely to harm people of color. With black people being almost eight times more likely than white people to be arrested for marijuana possession (despite the fact that both use marijuana at roughly equal rates), Iowa is surpassed only by Montana, Kentucky, Illinois, and West Virginia in terms of racial disparities in arrests for marijuana possession (Edwards, et al., 2020). REQUESTED ACTION Support legislation that legalizes marijuana or, at a minimum, decriminalizes marijuana use and possession. g. SUPPORT COURT FINE & FEE REFORM Court fines and fees often become a barrier to financial self-sufficiency for families living in poverty. Given the disproportionate number of African Americans living in poverty and interacting with the court system, this has a significant racial equity impact. First, several provisions make it difficult for those with limited incomes to get out from under court debt. Under Iowa Court Rules Chapter 26, an individual must have $300 in court debt before they are eligible for a payment plan or can perform community service, though Iowa Code Section 602.8107 would allow the court to establish a lower threshold. When they enter a payment plan, a minimum payment of $50 is required. Community service is valued at the minimum wage of $7.25 an hour, yet the value of a volunteer hour in general is $31.80 as of April 2023. Participants in community service supervision programs currently are charged $50 to be supervised, which defeats the purpose of allowing community service as an alternative to payment because they cannot afford the fees and, in any event, is not a financially sustainable model. The agency historically tracking community service in Dubuque 141Page (Project Concern) couldn't financially support the continued operation of the program as the $50 paid by the individual needing supervision was a flat fee. $50 was paid whether the individual had 2 meetings over the course of a month with the staff member or 25 meetings over three (3) years, it wasn't a sustainable model financially. While the judges at the local level were supportive there were no court funds to support the work being done. A community service funded program to work off Court debt should properly be managed by the Courts/Clerk of Court. Second, unpaid debt can interfere with ongoing employment and financial stability. As just one example, when a resident in Iowa has a criminal conviction of any kind and has court debt, a hold is placed on the person's vehicle registration. If the conviction was for a vehicular crime, then the person's driver's license is automatically suspended as well. If the crime is non -vehicular and the person's financial state prevents them from paying the court debt, the hold on the registration turns into a suspension when the renewal of their tags goes unpaid. If they continue to drive — to get to work for example — they may then be charged with driving with expired tags, a vehicular crime that leads to license suspension. There is also anecdotal evidence from attorneys who have worked "rocket docket" that people believe that paying the court debt is enough to reinstate their license, which is untrue. They must also file with the DOT and pay a $30 reinstatement fee. Depending on the amount of time that passes, they may also need to retake both the written and driving tests. Third, indigent defendants are constitutionally and statutorily entitled to an assessment of their ability to pay for any court debt other than fines, surcharges, and victim restitution. However, Iowa law also presumes an ability to pay and there is little to no remaining oversight into court decisions regarding someone's ability to pay - courts do not have to provide reasons for finding that a defendant is able to pay, a court can ascertain ability to pay before knowing the full scope of the debt, and direct appeal of a judge's decision is available in few situations. In addition, indigent defendants incur additional costs like indigent defense fees and jail fees that arise because of an inability to afford their own attorney or to afford bond or bail while awaiting trial. On the one hand, the constitution requires that everyone be provided counsel and a speedy trial (or be released in the interim) and yet one's financial status is intricately intertwined with the degree to which these rights are "real" in any pragmatic sense. These fees when unpaid multiply quickly with the Department of Revenue imposed 15% collection fee. REQUESTED ACTION Eliminate the $300 eligibility threshold for a payment plan; eliminate the minimum payment requirement of $50; eliminate the $300 eligibility threshold for community service; set a viable and realistic value of an hour of community service to equate to the value of a "volunteer hour" which was $31.80 as of April 2023; properly fund staffing in courthouses to account for tracking community service efforts across the state as opposed to the hodge podge of community service systems set up at the local level without proper funding across the state. Eliminate the non -renewal of vehicle registrations and the suspension of licenses based on court debt or, at a minimum, on court debt that is related to a non -vehicular crime. Strengthen requirements to ensure a full and fair assessment of ability to pay or, at a minimum, oppose any effort to further restrict or eliminate ability to pay protections such as the changes proposed last session by HSB658 and SF2374. Advocate for changes to Department of Revenue policies that would allow for partial or full waiver of the 15% collection fee upon a showing of financial hardship and that would exclude indigent defense fee recoupment and jail fees from the basis used to calculate the 15% collection fee. 151Page 4. TRANSPORTATION a. TRANSPORTATION FUNDING Dubuque is the regional economic center for the Iowa, Illinois, and Wisconsin tri-state area. With local international companies and businesses such as the John Deere Dubuque Works, Nordstrom Distribution Center, Mc Graw Hill Publishing Company, AY McDonald Manufacturing, Kendall/Hunt Publishing, Simmons Pet Food and Hormel Food Corporation, a 21st century transportation infrastructure system is essential. In order to continue the consistent and strong economic growth and job creation in the tri state area, critical transportation infrastructure requires increased state and federal funding. Transportation projects and improvements in Dubuque include: • Completion of the Southwest Arterial shared -use bike and pedestrian trail • Design, Right-of-way property acquisition and construction of East-West corridor capacity improvements • Improvements and enhancements of the existing at -grade railroad crossings in Downtown Dubuque • Intersection enhancements at the Northwest Arterial and Highway 20 intersection REQUESTED ACTION In order to increase transportation revenue for these and other important transportation projects the City requests support of the Iowa Department of Transportation Commission to maintain its current programmed funding and increased opportunities for funding to ensure implementation of priority transportation projects. b. RAILROAD SAFETY AND DELAYS Downtown railroad tracks cleave the community, separating poorer neighborhoods from employment and recreational opportunities. Already, 8-10 trains park in downtown Dubuque for 20-30 minutes each as they pass through the community, causing traffic to and from the Kerper Boulevard Industrial Park and Chaplain Schmitt Island to be delayed for long periods of time. Railroad delays of up to 5 hours daily (including during peak times) impair the efficient movement of people and goods and impose additional costs on businesses. This transportation barrier will grow larger with the merger of the Canadian Pacific and Kansas City Southern railroads, as train traffic will nearly double to 18 trains per day that are forecasted to pass through Dubuque. The additional train traffic will cripple the downtown traffic network, causing significant delays and safety related concerns. REQUESTED ACTION City requests support of the Iowa Department of Transportation Commission as the City pursues state and federal infrastructure grant opportunities to construct a vehicular and pedestrian grade separated railroad overpass at 14th Street. c. IOWA'S ROAD USE TAX FUND (RUTF) According to Iowa Code, road use tax funds (RUTF) are studied every five years in order to identify alternative revenue options that could support and enhance the fund as traditional transportation modes evolve and older funding streams diminish. 161 Page Local governments recognize that local transportation systems carry great importance not only for public safety and quality of life, but also for mobility, commerce, community vitality and economic development. The transportation system is in demand 24 hours a day, regardless of its road and bridge conditions or other factors. When existing funding sources are inadequate to address failing or deteriorating infrastructure needs, local governments are faced with aging and limited infrastructure as well as safety concerns. While the State of Iowa's gas tax increase in 2015 increased current and near -future Road Use Tax Fund revenues, consideration needs to be given to future road funding needs and mechanisms as Iowa's drivers purchase fewer gallons of conventional vehicle fuels. REQUESTED ACTION Investigate alternative funding mechanisms to increase funding for Iowa's transportation infrastructure. Study to include possible additional revenues from agricultural, energy, and other sectors that have heavy traffic and load impacts on Iowa's transportation systems. d. PASSENGER RAIL Through the Envision 2010 process, the Citizens of Dubuque have established a Passenger Rail Committee to support and promote the return of passenger rail service from Chicago to Dubuque. There is a Memorandum of Understanding with the State of Illinois to implement passenger rail service between Chicago and Dubuque. Currently funding provides for connection from Chicago to Rockford, Illinois. The City has been successful in partnership with DMATS and the local Ride the Rail citizen group in securing funding for the feasibility study of passenger rail return from Rockford to Dubuque. REQUESTED ACTION Continue to support the return of passenger rail from Chicago to Dubuque, with local and regional partners. 171 Page 5. DUBUQUE REGIONAL AIRPORT a. GROW IOWA'S AVIATION WORKFORCE The lack of persons entering the aviation workforce in Iowa remains a cause for great concern. There continues to be a great need for aircraft mechanics, aircraft technicians, pilots, flight crew, ground crew, and airport managers. The DBQ supports the continued inclusion of these careers as eligible for Iowa Skilled Workforce Shortage Tuition Grant program (Kibbie Grants) monies. REQUESTED ACTION Continue the $5 million dollar appropriation for the Iowa Skilled Workforce Shortage Tuition Grant program and again include aviation careers as eligible areas of study for program monies. b. AIRPORT VERTICAL INFRASTRUCTURE FUNDING Vertical infrastructure improvements at our commercial airports and general aviation airports remain high. DBQ is urging lawmakers to direct aircraft use and lease tax to the State Aviation Fund. REQUESTED ACTION Beginning with fiscal year 2025 direct all aircraft use taxes and lease sales taxes be deposited in the State Aviation Fund. 40% be used for vertical infrastructure projects at general aviation airports and 60% be used for vertical infrastructure projects at the state's commercial service airports, with commercial service airport funding being distributed using the current disbursement criteria. Update Airport Closure Requirements Currently, administrative rules allow a city, county, or aviation authority to avoid repayment of recently awarded state aviation grants (for improvements such as runway construction or rehabilitation) if the airport is permanently closed. There is a very limited amount of state funds available for airport improvements. If an airport accepts these funds and then subsequently chooses to close a short time after expending those monies, those dollars should be repaid. REQUESTED ACTION DBQ supports an update of state policy regarding airport closures and the repayment of state airport improvement grants such as the following: Within 30 days of permanently closing an airport, the airport sponsor shall request from the department a 20-year grant summary for that airport. Within 30 days of receiving the request the department shall provide the sponsor with the 20-year review for each aviation grant issued by the department. The sponsor may request forgiveness of all or a portion of the repayment obligation. The request must include a plan detailing the alternative future use of the airport facility. The decision to forgive all or a portion of the repayment obligation shall be made by the transportation commission. Repayments will be redeposited into the aviation fund from which the grant originated. Federally Mandated Firefighting Foams and Airports For decades the federal government has mandated the use of aviation firefighting foam that contained 181 Page perfluoroalkyl and polyfluoroalkyl substances (PFAS) are a group of man-made chemicals that include Perfluorooctane Sulfonate (PFOS) and Perfluorooctanoic Acid (PFOA). In May of 2023 the Federal Aviation Administration released a document entitled "Aircraft Firefighting Foam Transition Plan" which outlines the process for replacing the current aircraft rescue and firefighting foam with a new, non-PFAS/PFOS based foam. The plan also highlights the costs that airports will incur as equipment, such as firefighting vehicles, firefighting equipment and airport fire suppression systems, will require decontamination or replacement. REQUESTED ACTION DBQ supports a nationwide federal PFAS/PFOS transition plan. The state's airports also request the costs associated with the decontamination and/or replacement of airport rescue and firefighting vehicles, equipment, and fire suppression systems be eligible for State Aviation Fund assistance. 191Page 6. HOUSING a. STATEWIDE BUILDING CODE ADOPTION The creation of a statewide building code, with no ability for local amendments, would be extremely detrimental to the safety of residents and could create costly issues for developers who are attempting to rehabilitate buildings. Without a proper development of a statewide code, there will be several years of ambiguity and the inability to enforce any building code. A proper review of a Statewide Building Code requires several years of committee review specific to each trade represented in the code. Things that must be considered for each trade include; • How will this affect older cities? • Were proper records kept to support "at the time of construction" language in a code? • Is adopting varying years of International Code congruent? Do the references "dead end"? • Would the State be able to support the number of appeals, and requests for modifications? • Codes reference types of buildings, are they applicable throughout the State as they are intended to apply? • Can cities support any additional needs created by fire code updates or amendment carve outs completed by the State? • What is the cost associated with the adoption, for the State and local enforcement? Dubuque is one of the oldest cities in the State, and therefore has extensive experience with trying to enforce building codes that reference "at the time of construction". Records are not readily available from the 1950s through the 1990's, and significantly unavailable prior to that date; therefore, the building codes adopted at the time of construction will be impossible to determine. Any enforcement attempted for these codes will be an appeal to the State for review. The State is not currently funded to support this many reviews from the City of Dubuque alone, much less the many other cities similarly situated. Many federal grants require the adoption of the two most recent code cycles for all building codes to be eligible for funding. Most significantly, FEMA funds are tied to this requirement. State building codes are already outdated, by ten years and three editions, this needs to be remedied. Failing to adopt the most recent building codes will reduce Cities and the State ISO rating in the Building Code Effectiveness Grading Schedule. ISO ratings are used to determine insurance rate schedules, including homeowner insurance rates, and recovery funding from FEMA. This will have a significant impact on Iowa's economy and the ability to recover from a disaster. A quote from the FY 2021 FEMA BRIC grant priorities: "The priorities for the program are to incentivize natural hazard risk reduction activities... and to increase funding to applicants that facilitate the adoption and enforcement of the latest published editions of building codes." REQUESTED ACTION • Work with professional associations, such as the Iowa Association of Building Official, to form committees for a proper review of code before adoption. • Complete a proper review of codes before adoption, which means this will not be ready for legislative consideration until 2025 at the earliest. 201 Page • Legislatives writers cannot complete this task appropriately, professionals in the building code field need to be commissioned for this. • Consider removing all "at the time of construction" language in any International Code; it is not enforceable language in most Iowa cities. Explore other options that balance economic feasibility for developers and safety. • Codes adopted MUST be in the last two code cycles, or all FEMA assistance potential will be lost. b. SMART GROWTH WORKFORCE HOUSING GRANT PROGRAM Creation of the Smart Growth Workforce Housing grant program under the discretionary policy of the Iowa Finance Authority provides greater opportunity for the City of Dubuque and its partners to stabilize the community and will prioritize environmentally sustainable development and will promote economic development. This grant program was established in the 2010 legislative session. The program, however, lacks funding. Definition Smart Growth practices are settlement patterns that avert urban sprawl by encouraging more compact development, greater transit use, and enhanced environmental protection. Workforce housing is normally defined as housing affordable to households earning between 80 percent and 120 percent area median income (AMI). Affordable, in the housing industry, means a household pays no more than 30 percent of its annual income on housing. Smart Growth Workforce housing is the combination of these concepts —the development of sustainable, transit -oriented housing that is affordable for our workforce. What can our workforce households afford to pay for housing? "The National Housing Act of 1937" created the public housing program... [wherein] a tenant's income could not exceed five to six times the rent; and by 1940 income limits gave way to the maximum rent standard in which rent could not exceed 20 percent of income — in practice, the same as the predecessor income limit standard. Over the decades, that percentage has risen, so that by 1981 the threshold was set at 30 percent of income. Households that spend over 30 percent of income on housing are considered cost burdened. Why the increase? Was it truly deemed a more appropriate benchmark? Or was it simply in response to an increase in housing costs and the government's inability to subsidize housing for an ever-growing number of struggling households? Over the past decade, rising housing costs have outpaced the average salary across the United States — in some areas by two- to five -fold. Many workers in urban areas have dealt with this discrepancy by living far from their downtown jobs or by living in housing they can't afford. Unfortunately, the former solution is offset by an increase in transportation costs. And what is the price we pay for the latter solution? "Families who pay more than 30 percent of their income for housing are considered cost burdened and may have difficulty affording necessities such as food, clothing, transportation and medical care." In fact, a full 37% of homeowners and 50% of renters today are cost burdened. Fortunately, housing costs in smaller urban and rural areas are often within closer reach for workforce households. However, in areas where vacancy rates are low — calling for the production of new units — development of quality housing is financially impossible, as operational income on the properties is not enough to cover interest payments on the project mortgage. Low local rent levels, although beneficial for tenants, preclude developers from creating new units, despite a community's housing shortage. For 211 Page this reason, many developers have turned to the LIHTC program to make their projects financially feasible, whether or not this fulfills the community's particular housing demand. Meanwhile, the recent economic downturn and housing market woes have combined to create a new class of workers, forced into the rental market because they do not qualify for a mortgage. Displaced workers with homes that won't sell, families who've had their homes foreclosed, young professionals with student loans, and households that might otherwise be able to afford mortgage payments if only they could come up with the higher requisite down payment demanded in a tight lending climate — all of these are moving into the rental market. This creates a rather sudden increase in the demand for rental residential units for households that are neither wealthy, nor are they eligible for low-income housing. The creation of affordable housing options for our workforce allows communities to attract and retain quality employers. If the only housing that developers can afford to produce is intended for low-income or wealthy households, we should not be surprised to see such a disparity in our communities' income levels. To have a healthy mix of incomes, we must have housing options available for all income levels. REQUESTED ACTION • Fund the Iowa Finance Authority Smart Growth Workforce Housing grant program. • Allow access to funds from the National Housing Trust Fund for the rehabilitation of dilapidated and long -vacant properties, despite having a prior residential use. c. WORKFORCE HOUSING TAX CREDITS The "sun -setting" of the Iowa Economic Development Authority's Enterprise Zone program in 2014 resulted in the creation of two new tax credit opportunities under the High -Quality Jobs Program: one for economic development and the second for workforce housing. The City of Dubuque supported this policy decision in the 2014 legislative session however some refinement of the workforce housing tax credit program will be necessary in order to meet the demand identified by the State of Iowa. The legislative changes in 2014 expand access to the worthwhile housing program, but the cap is unnecessarily limiting. REQUESTED ACTION The City supports moving the workforce housing tax credits out of the aggregate Iowa Economic Development Authority's Economic Development Tax Credit Cap. The workforce housing program is a housing program and not a direct economic development incentive and should not be restricted as such. 221 Page 7. TECHNOLOGY & INNOVATION a. BROADBAND INFRASTRUCTURE Dubuque supports state efforts to expand broadband in the state. Like water, sewer, energy and roads, affordable, available and accessible broadband (defined as 100Mb download and 20 Mb upload 100/20 ) service with capacity to support 1 Gigabit (1000/1000) symmetrical service or greater is necessary to support the quality of life of our families and the competitiveness of our businesses. State policy should support and incent public/private collaborations to accelerate broadband access and services. State policy should support innovations in new technologies and flexibility in existing systems like the Iowa Communication Network (ICN). State policy should fund innovative approaches by local communities to bring broadband speed and services to under -served and hard to serve populations. State policy should not hamper local municipalities from directly addressing the issue and providing service to citizens where appropriate. Also, while we support the concept of improved efficiency and transparency in the regulatory process to encourage private broadband investment, we ask that care be taken with State policy to assure there is sufficient flexibility for local government to be able to respond to local complexities and needs with permitting, licensing, and regulatory decisions. Preservation of the use of the public right of way for utilities provides benefits to all right of way users. Reasonable regulations that provide for efficient use of sometimes very limited public right of way space is a wise investment that pay dividends in the future to all taxpayers. When the first utility into a location inefficiently installs their utilities, it drives up future installation costs for utilities that follow behind. The additional incurred costs by the following utilities are then passed on to rate payers. Individual residents and commercial property owners can also incur additional costs installing private service laterals when utility conflicts exist in front of their private property. Lastly, if the State chooses to "target" its broadband efforts, those targets should not be based on artificial distinctions of "urban versus rural" or "small versus large", and "served versus unserved" mapping that heavily relies on advertised speeds but rather on key consideration of available, affordable, and accessible broadband access in a specific location versus larger community -wide areas. A Broadband issue in our community is the consequence of existing broadband infrastructure that is deficient relative to both the last mile and middle mile transport facilities used in underserved populations. The current infrastructure is out -of -sync with both the greater population densities and the collective broadband needs of the residents and businesses within areas of the community. REQUESTED ACTION Continue to support policy and funding for expansion and universal access to broadband in the State of Iowa with emphasis on support for wireline (fiber) technologies supporting middle and last mile solutions. We continue to support Home Rule around location and policy regarding broadband resources. Redefine "rural" and create an equitable formula for the distribution of broadband grant funding and other broadband funds throughout the state of Iowa. Update broadband availability maps with data reflecting address -based test data from neutral non -vendor sources versus FCC Form 477 carrier reported maximum advertised "available" internet speeds removing barriers for challenging the accuracy of the maps. 231 Page 8. EMERGENCY MANAGEMENT & HOMELAND SECURITY a. FLOOD MITIGATION PROGRAM Federal Emergency Management Administration has asserted that for everyone dollar expended in disaster mitigation programs/projects, taxpayers save four dollars in recovery costs. The newly established State Flood Mitigation program is designed to leverage local and federal dollars with state financial assistance and is funded up to $600 million over the next twenty years. This amount will most likely be insufficient in addressing the flood mitigation infrastructure demands of Iowa cities. REQUESTED ACTION We urge legislators to continue to appropriate funds annually to the flood mitigation account in order to support local governments faced with high costs of these public infrastructure flood mitigation programs in order to protect the lives and property of Iowa citizens. b. COMBINED EMERGENCY COMMUNICATIONS & EMERGENCY OPERATIONS CENTER Dubuque County has experienced nine (Covid #9) presidential disaster declarations since 1999. Increased frequency and impacts of disasters on the City of Dubuque has created the need for expanded facilities. Combining emergency operations and communications will deliver services more effectively and efficiently to citizens of Dubuque and Dubuque County. Emergency Operations Centers have been in place throughout the state of Iowa for decades. The City of Dubuque's Emergency Operations Center is currently located at the Dubuque Emergency Responder Training Facility. It had been previously located in the Dubuque Fire Headquarters basement since the mid -twentieth century. EOCs were built during the Cold War and with a focus on civil defense. Today, with more frequent and extreme weather events as evidenced by Dubuque's high number of Presidential Disaster Declarations, demand for a new combined center is evident. The Emergency Communications Center is located in the Dubuque County Law Enforcement Center. It is in the middle of the building and is restricted for future growth. Currently there are six full console positions. With the numbers of calls and the severity of some of them, there is a need to have additional capacity for call taking and dispatching. The Center has been remodeled several times and future expansion is limited. During the pandemic, the Communication center had to be split into 2 different rooms to maintain social distancing. The center has completed the updating of its radio system to a P25 System with all Public safety agencies using the new system at this time. Even though updates to the radio system have occurred at current location, there still are restrictions on growth and capabilities during high volume times and disasters. In order to respond to the well-being and safety of the citizens of Dubuque, and to the increased demand for services created by more frequent disasters, and in order to replace aging and inefficient facilities, efforts are underway to explore funding opportunities that would enable the creation of a combined Emergency Communications and Emergency Operations Center. The State of Iowa has partnered with many larger city/county governments to assist in funding combined emergency communications centers and emergency operations centers. 241 Page REQUESTED ACTION • Work with area legislators to explore opportunities for partnership and funding for a combined Emergency Communications and Emergency Operations Center. Specifically in support of legislation authorizing a county EMA levy to cover combined capital and operating costs for combined emergency communication centers. • Support increasing 911 Surcharge funding percentage to get the 911 Funds back into the local's hands to assist local 911 Service Boards with maintaining 911 systems. 2SIPage 9. PUBLIC SAFETY a. FIREARMS & VIOLENT CRIME On January 24, 2017, Dubuque Chief of Police Mark Dalsing and Davenport Chief Paul Sikorski, along with the County Attorneys from Polk and Blackhawk Counties, and the Mayor of Des Moines, testified before the Iowa Senate Judiciary Committee to request the State take a harder look at firearms and violent crime issues across the state. REQUESTED ACTION • Requirements for high, cash -only bonds for crimes involving firearms or violent crime. • Review of existing codes to determine if penalties are sufficient (as compared to federal penalties). • Exploration of new codes to address additional unauthorized persons possessing firearms (as compared to federal codes). • Exploration of limitations on plea bargains for cases involving firearms or violent crime. • Review of sentencing guidelines for gun crimes, including mandatory minimums. • Analytical research into the individuals involved in gun crime and violent crime for commonalities and cause and effect variables so effective treatment can take place. b. MENTAL HEALTH/EMT TEAMS TO SUPPORT POLICE & COMMUNITY SAFETY State leadership and funding is required to establish and support alternative teams of local community service providers to work with local police professionals to address public safety. Police professionals are called upon more frequently to serve as first responders, mediator, mental health counselor, and social worker. REQUESTED ACTION Create a state task force to study replicable models that could address the need for support teams for local police. Identify funding sources for mental health professionals, medical professionals and social workers who would staff this expansion of community service to residents. c. FULL FUNDING FOR JUDICIAL BRANCH SERVICES Public safety and basic tenet of judicial process depends upon a robust fully funded judiciary which provides for its citizen clients: access, timely processing, staffing and services. Critical funding must be provided for all judicial services including juvenile court offices and services, drug court, and judicial access. REQUESTED ACTION Support legislation which provides full funding for the requested budget of the State of Iowa's judicial branch. To do otherwise jeopardizes work being done with youth and is a compromise to public safety. d. HATE CRIME STATUTE According to FBI Hate Crime Statistics, hate crimes against people based on gender identity are on the rise. The 2019 data indicates that 2.7% of reported hate crimes were committed against people based on gender identity. This compares to 2.2% of reported hate crimes in 2018, 1.6% in 2017, 2.0% in 2016, 261 Page 1.7% in 2015, 1.8% in 2014, and .5% in 2013 (the first year that hate crimes based on gender identity were reported). Note that not all jurisdictions report hate crime statistics to the FBI and jurisdictions like Iowa would report zero based on gender identity because state law omits gender identity from the hate crime statute. As of September 2021, 22 states plus the District of Columbia and two territories have hate crime laws that include gender identity. Iowa is one of 11 states whose hate crime law includes sexual orientation but does not include gender identity. http://www.Igbtmap.org/equality-maps/hate crime laws. A 2016 murder in Burlington garnered national attention when local law enforcement officials could not charge the homicide as a hate crime based on the lack of including of gender identity in the statute. https://www.nvtimes.com/2017/10/26/us/transgender-iowa-murder-trial-kedarie-mohnson.html. In addition, we continue to hear concerns from community members of color that they find themselves in situations where someone is trying to instigate a fight using racial slurs. When the situation in fact escalates to a fight, both parties are typically charged with disorderly conduct. Enhancing the disorderly conduct penalty for a person who uses slurs or other indicia of bias to select their victim and instigate a fight may deter the use of these "fighting words" which are tantamount to a breach of the peace and enhance community safety and security for community members of color. The American Psychological Association, which takes a public health approach to violence prevention, notes that dehumanization of unfamiliar groups and targeted aggression that is behind hate violence can result in more dramatic psychological effects on victims as compared to crimes that are not motivated by bias. In addition, hate crimes tend to decrease feelings of safety and security in the community for members who share the victim's group status. http://www.apa.org/advocacy/interpersonal-violence/hate-crimes.aspx REQUESTED ACTION Amend hate crimes statute to include gender identity and to add disorderly conduct Iowa Code 723.4 as a crime subject to penalty enhancement. e. REVIEW OF LAW ENFORCEMENT HIRING PROCESSES (CIVIL SERVICE & CODE REQUIREMENTS) Current hiring practices for law enforcement in Iowa require a Civil Service test. The test is a basic skills test and is governed by Civil Service Commissions with guidance from State Code Chapter 400. The testing is set by the state and has not been updated in a very long time. Additionally, if asked, there is no context or background as to why a civil service list needs to be established for hiring. The current civil service law hinders "real time" hiring practices and hinders ongoing hiring practices. 271 Page 10. LIBRARY SERVICES a. ENRICH IOWA Enrich Iowa is a state aid program for Iowa's libraries. Until recently, Iowa was one of eight states without direct state aid to libraries. Current state funding is at $1 million statewide versus the recommended $3 million for full funding. If Enrich Iowa were fully funded, the Carnegie -Stout Public Library could realize a significant increase annually in state aid. REQUESTED ACTION Support efforts to increase funding for the Enrich Iowa program. b. HOMETOWN GOVERNANCE FOR PUBLIC LIBRARIES Local autonomy of Iowa's libraries is a long -held value of the State. Most of Iowa's public library boards have the type of authority referred to as "administrative authority." This authority is granted to public libraries in Iowa by virtue of two documents, namely the Code of Iowa Chapter 392.5 and the local library ordinance. REQUESTED ACTION Preserve hometown governance of Iowa's public by maintaining support for the autonomy of public library boards to create and adopt appropriate local policies. 281 Page 11. HUMAN RESOURCES a. MUNICIPAL FIRE & POLICE RETIREMENT SYSTEM OF IOWA Police and firefighter pensions are funded through the Municipal Fire & Police Retirement System of Iowa (MFPRSI). Employees contribute a fixed 9.4 percent of their salary, while their employers contribute at a variable rate, with a statutory minimum of 17 percent. The city contribution rate is set by the nine -member MFPRSI board to meet actuarial requirements. The board includes four members representing police and firefighters, four members representing cities, and one private citizen — all serving four-year terms. The employer contribution rate was 17 percent from fiscal years 1997 through 2003. As a result of market crashes after the September 11, 2001, attacks, it was gradually raised to 28.21 percent in Fiscal Year 2006 before again dropping to the statutory minimum in Fiscal Year 2010. Since then, it increased to 19.90 percent in Fiscal Year 2011, 24.76 in Fiscal Year 2012, 26.12 percent in Fiscal Year 2013, 30.12 percent in Fiscal Year 2014, 30.41 percent in Fiscal Year 2015, 27.77 percent in Fiscal Year 2016, 25.92 percent in Fiscal year 2017, 25.68 percent in Fiscal Year 2018, 26.02 percent in Fiscal Year 2019 and 24.41 percent in Fiscal Year 2020. The problem with MFPRSI is largely about the variability of the contribution rate. Cities' IPERS contribution rates since 1994 have never been below 5.75 percent and never been above the current 9.44 percent — a difference of 64 percent. With MFPRSI during the same period, however, the difference between the statutory minimum and the maximum (30.41 percent in Fiscal Year 2015) is almost 79 percent. Another small but contributing factor is the state's decision to phase out payments to MFPRSI. At one time, the state contributed 3.79 percent of payroll to the system — an amount that would be more than $9 million now. Then the contribution level became a flat $2.7 million — and it's dwindled since then. The state used to contribute $1.5 million a year and now they contribute zero. In a larger context, the public -safety -pension issues relates to local control. Cities cannot bargain with police and firefighter unions on pensions, yet they have to fund them at state -mandated levels. REQUESTED ACTION The State of Iowa shall fund their obligated percentage for their share (3.79%). Change legislation to lift the cap for the employee contribution and consider reducing enhanced benefits for new employees coming into the system. b. 411 SUBROGATION Currently in Chapter 411, cities are not allowed to seek reimbursement from Third Parties for costs incurred for Police and Fire injury and illness claims. As such, a Police or Fire employee may collect against the City for an injury or illness claim and collect a second time for the same incident against a Third Party. If the employee is successful in getting payment from the Third Party, the City is currently not able to obtain reimbursement (subrogate) from the Third -Party payment. REQUESTED ACTION Amend Chapter 411 to allow cities to seek reimbursement from third parties for costs incurred for Police and Fire injury and illness claims. 291Page c. CONTINUATION OF GROUP INSURANCE Iowa Code Section 509A.13 states: "If a governing body, a County Board of Supervisors, or a City Council has procured for its employees accident, health, or hospitalization insurance, or a medical service plan, or has contracted with a Health Maintenance Organization authorized to do business in the state, the governing body, County Board of Supervisors or City Council shall allow its employees who retired before obtaining sixty-five years of age to continue participation in the group plan or under the group contract at the employee's own expense until the employee obtains sixty-five years of age." The Governmental Accounting Standards Board (GASB) has issued an Accounting Standard Statement 75, related to other post -employment benefits. This statement requires public employers sponsoring and subsidizing retiree health care benefit plans to recognize the cost of such benefits on an accrual basis. This post employment benefit is provided in the form of an implicit rate subsidy where pre -age 65 retirees receive health insurance coverage by paying a combined retiree/active rate for the self -insured medical and prescription drug plan. This creates a liability that must be reflected on the year-end financial statements. We are not required to fund this obligation; however, the total obligation appears in our Comprehensive Annual Financial Report. REQUESTED ACTION Repeal Iowa Code 509A.13, Continuation of Group Insurance. 301 Page 12. IOWA CODE CHANGES a. MOBILE HOME COMMUNITY PROTECTIONS Legislation on mobile homes and mobile home communities was adopted at a time when mobile homes were truly mobile. Today, mobile homes are more stationary than they have been historically. Iowa laws have not been updated to reflect this important and highly consequential change. Mobile home communities can be a viable choice for families in need of affordable housing. Iowa lacks affordable housing and must create affordable housing opportunities across the state. Therefore, review and reform of current law is vital. Specific recommendations include basic fairness considerations such as justification and notice requirements for lot rent increases and good cause for refusal to continue a lease, with clarification that legitimate business reasons can satisfy these requirements. Today, some companies are using current law to their financial benefit and to the detriment of mobile home community residents. These predatory practices are putting vulnerable citizens in financially precarious situations and sometimes in financial jeopardy. In addition, it is important that the Attorney General Consumer Protection Division have the ability to enforce against predatory practices. REQUESTED ACTION Advancing the goal of affordable housing for all Iowans requires a comprehensive review and reform of the State code related to mobile home community protections is necessary to protect Iowa citizens. b. AUTHORITY TO PETITION FOR TITLE TO ABANDONED LOTS A gap has been identified in Iowa Code, Chapter 657A; while cities can petition for title to abandoned residential, commercial, and industrial properties with buildings, cities have no authority under 657A.10B to petition for title to abandoned lots. Abandoned lots can be time consuming and expensive for cities to maintain. REQUESTED ACTION Include abandoned lots in Iowa Code, Chapter 657A and allow cities to petition for title to abandoned lots as well as abandoned residential, commercial, and industrial properties with buildings. c. UNDERAGE & BINGE DRINKING Current legislation provides for a penalty to be placed upon the establishment that serves minors. However, only a simple misdemeanor penalty is placed upon the underage person attempting to purchase alcoholic beverages. This does not discourage this problem, which is particularly prevalent in college -age students. In an effort to combat underage consumption and "Binge Drinking" by our college age population, we would ask legislative consideration to increase the simple misdemeanor penalty found in Iowa Code Chapter 321.216 and 123.50 to a higher penalty. 311 Page REQUESTED ACTION Pass legislation to increase the simple misdemeanor penalty found in Iowa Code Chapter 321.216 and 123.50 to a higher penalty. d. "GOOD MORAL CHARACTER" LANGUAGE One of the criteria for the issuance of a State of Iowa liquor license is determined by "Person of Good Moral Character" as defined in State of Iowa Code 123.3 (26)(d). The State fails to consider the local municipality's interpretation of "Person of Good Moral Character" prior to issuing a liquor license. REQUESTED ACTION Urge legislators to eliminate "good moral character" language and replace it with objective standards. e. ADULT ENTERTAINMENT The City supports efforts by city attorneys to create legislation that would allow the city to regulate adult entertainment. Draft legislation would provide that cities and counties would regulate establishments that offer, allow or permit nude or semi-nude dancing. REQUESTED ACTION Support legislation drafted by city attorneys of Iowa giving the City authority to regulate adult entertainment establishments. 321 Page 13. PLANNING &ZONING a. EXPAND CITIES' EXTRATERRITORIAL JURISDICTION Cities have extraterritorial jurisdiction (ETJ) for up to two miles from their corporate limits for subdivision review and approval only if the County has zoning for the rural areas. Extending the cities' ETJ to include review and approval of zoning changes would facilitate planned and managed growth. Legislation should provide incentives for governments to voluntarily plan together and identify recommended land use impact to be considered during the planning process. Support legislation that expands land management practices such as ETJ of cities to include review and approval of zoning changes. REQUESTED ACTION Support legislation enabling cooperative planning and effective land management practices. b. SMART PLANNING PRINCIPLES State agencies, local governments, and other public entities shall consider and may apply the following principles during deliberation of all appropriate planning, zoning, development, and resource management decisions. REQUESTED ACTION Support comprehensive planning and the Smart Planning Principles outlined in Iowa Code, including funding incentives for communities to adopt them, and oppose any legislation to remove or weaken the practice of sound planning in Iowa's communities. c. LIVABLE COMMUIJTIES A livable community is one that is safe and secure, has affordable and appropriate housing and transportation options, and offers supportive community features and services. REQUESTED ACTION • Supports state policies that seek to improve quality of life by promoting development of safe, accessible, and vibrant environments. Policies could address sustainable land use, mixed use developments, multigenerational and affordable housing, multi -modal transportation, and efforts to help residents age in place. • Support legislation to enable land banking and similar community -based programs to address blight and disinvestment. • Support legislation that promotes a culture of equity and inclusion that helps to transform Iowa into a place that honors our diversity as a strength. • Supports increased investment in affordable housing programs, including the State Housing Trust Fund, Workforce Housing Tax Credits, and other programs that provide quality housing for low- and moderate -income families, reduce barriers to homeownership, and support the modification of homes to help people age in place. • Support funding to help local communities plan for their housing needs. 331 Page d. HISTORIC SITE PRESERVATION GRANT PROGRAM (HSPG) The State of Iowa needs to restore funding to the Historic Site Preservation Grant Program (HSPG). This program was the only "brick & mortar" fund to encourage cultural growth and development throughout the state of Iowa. The Historic Site Preservation Grant provided funds to acquire, repair, rehabilitate, and develop historic sites that preserve, interpret, or promote Iowa's cultural heritage. Projects funded by this program had to promote an understanding of the record of human experience within Iowa. All HSPG projects were limited to work on "vertical infrastructure," which is defined in Iowa Code Chapter 8.57 as "land acquisition for construction, major rehabilitation of buildings, all appurtenant structures, utilities, and site developments." The maximum allowable grant request was $100,000. The minimum allowable grant request was $40,000. Projects required dollar -for -dollar cash match. REQUESTED ACTION Restore State funding for the Historic Site Preservation Grant Program (HSPG). e. PROPERTY OWNERS ON HISTORIC PRESERVATION COMMISSIONS Section 303.34 of the Iowa Code requires that "At least one resident of each designated area of historical significance shall be appointed to the commission." This requirement is problematic for the City of Dubuque's Old Main Historic District, which is primarily commercial. It would be beneficial for the City in the recruitment and retention of commissioners to be able to appoint property owners to represent historic districts. Furthermore, since historic preservation regulations apply to the rehabilitation, renovation, and restoration of property, allowing property owners to serve on the commission would be appropriate. REQUESTED ACTION Enact legislation allowing property owners in addition to residents to represent the historic districts on the Historic Preservation Commission. g. STATE HISTORIC PRESERVATION OFFICE STAFF With pending approval for federal dollars for infrastructure and other projects, there will be greater demand for Section 106 Reviews as part of environment review compliance. REQUESTED ACTION Increase SHPO staff to review Section 106 reviews in a timely manner. h. TRANSPORTATION AND INFRASTRUCTURE As the continual development and optimization of local- and state-owned transportation roadways increase accessibility to local amenities we encourage the continued collaborative partnership to make our roadways as safe as possible and the creation of opportunities for alternative modes of transit. REQUESTED ACTION • Support investment in healthy modes of non -motorized transportation, including expanding funding for local communities to plan for trails and bicycle routes. 341 Page • Support efforts to fund and encourage use of public transit. • Supports efficient and environmentally friendly renovation of existing infrastructure, particularly roads, bridges, and utility systems. 3SIPage 14. PARKS & RECREATION a. PARKS TO PEOPLE INITIATIVE The Iowa Parks Foundation continues to work tirelessly to create economic and recreational facilities opportunities to grow regions across the State of Iowa. The Jones, Jackson and Dubuque County region was selected for the Iowa Parks Foundation's pilot project. The pilot project - Parks to People - aimed to better connect state, county, and city regional park systems to local communities. The initiative beautifies and improves state, county, and city parks to ensure Iowa will become a premier parks region in the Midwest. Parks to People is also a quality -of -life program for the citizens of the State of Iowa and an economic development and tourism enhancement initiative. As a part of the first pilot region (Dubuque, Jones, and Jackson counties), parks in the region received $1.9 million in state appropriation. This region which is now called Grant Wood Loop completed projects totaling over $50 million to build upon the state's $1.9 million appropriation. This was far, far greater than the 5:1 match required of the state provided funding. More than 80 projects across the three counties (both rural and urban) were completed prior to the December 2018 pilot project deadline. The regional Grant Wood Loop initiative continues today with very strong public -private, government, and nonprofit partnerships. The City of Dubuque supports the regional Parks to People efforts and promotes the goals of regional collaboration: economic development, quality of life, wellness, education, arts and culture and outdoor recreation. REQUESTED ACTION Create $2 million -dollars of dedicated funding for regional planning, development, redevelopment, and enhancement of outdoor recreation opportunities that leverages strong public -private partnership with state resources leveraged at 5:1 match at the State Department of Natural Resources. b. MINES OF SPAIN STATE RECREATION AREA The ability of 1,400-acre Mines of Spain State Recreation Area near Dubuque to remain a focal point for environmental and cultural educational programs and interpretive activities for the tri-state area of Iowa, Illinois, and Wisconsin is seriously threatened by tenuous and declining State funding. Local Response to State Needs The Mines of Spain is a regional destination where visitors and residents reconnect with the natural, cultural, and ecological aspects of the park through interactive and comprehensive outdoor and indoor learning opportunities. The Mines of Spain and the E.B. Lyons Interpretive Center currently serves over 250,000 visitors annually and provides hundreds of programs for school aged children, college students, youth groups and families. When more space was needed at the Interpretive Center, the Friends of the Mines of Spain (FOMOS) planned and coordinated an expansion that updated and more than doubled the original space for educational purposes, raised $1.8 million in private, local, state and federal funds. 361 Page The award -winning LEED-certified Interpretive Center welcomes visitors to one of the region's best - conserved natural and cultural resources, where people can explore the history and natural riches of the park. Working with the IDNR, the City of Dubuque, the FOMOS, private donors and the Iowa Natural Heritage Foundation raised over $1.98 million to acquire and developed a 52-acre addition adjacent to the Interpretive Center. A Unique State Park with National Park Credentials The Mines of Spain State Recreation Area includes woodlands, prairie, and bluff lands that overlook the Mississippi River along a 3-mile shoreline. This state park is a National Historic Landmark and a state preserve. Trails connect visitors to a farm site, forests, prairies, archeological sites, and wetlands. It also boasts some of the most diverse ecological habitats ranging from bluff lands that overlook the river to tall grass prairies, forested woodlands, and wetland. This National Historic Landmark also contains thousands of years of human history dating from the early Mississippian period through the early 201h century. Mounds, village sites, rock shelters, trading post sites, and campsites dot the landscape. The Mines of Spain Recreation Area was designated in 2005 as a Silos and Smokestacks National Heritage Area Site. State Support for Investment and Operation The IDNR, the city, the Friend of the Mines of Spain, and Dubuque County Conservation have an excellent track record as partners. This partnership success can continue with the increased and stable funding for the operation, maintenance, and staffing of the Mines of Spain. Success, we believe, will be reached with asset management funding from secure State funding sources to enable us to fully use the expanded Interpretive Center and park area. With stable State funding, Park staff can maintain the Mines of Spain as the local, regional, state, and national treasure it is and should remain. The outcome is a place for expanded education, increased experiences for the visitor and heritage tourism to attract more visitors to the state. Without this increased/stable funding the ability to use and appreciate these facilities/land are seriously threatened; past investments are at risk for being wasted. The usage of Mines of Spain Recreation Area remains very high. This use increases the health, both physical and brain health of Iowans. Additionally invasive species need to be managed, which takes the time of staff and/or contractors to ensure the protection of this treasured and very special natural resource. The increased usage creates additional need for maintenance staffing and support thus state help is needed for increased funding for the operations and staffing of Mines of Spain Recreation Area and state parks across Iowa. REQUESTED ACTION Increased state supported funding for the physical assets in the parks as well as park staffing for the Mines of Spain State Recreation Area especially because there are active local partners in Dubuque County Conservation, the Friends of Mines of Spain and the City of Dubuque. 371 Page c. RESOURCE ENHANCEMENT AND PROTECTION (REAP) REAP is a program in the State of Iowa that invests in, as its name implies, the enhancement and protection of the state's natural and cultural resources. REAP is funded from the state's Environment First Fund (Iowa gaming receipts) and from the sale of the natural resource license plate. The program is authorized to receive $20 million per year until 2026, but the state legislature sets the amount of REAP funding every year. This year REAP was appropriated $12 million. Interest from the REAP account and receipts from the sale of natural resource license plates add about $500,000 to this appropriation. REAP has been used extensively in Dubuque for land acquisition and trails. Most recently it was used to acquire an adjoining property to the Mines of Spain State Recreation Area and extension of the Northwest Arterial Trail which directly connects to the Heritage Trail as well as environmental restoration of Eagle Point Park and Four Mounds Park and most recently expansion of Four Mounds Park. All benefit tourism and connecting people to the outdoors with active recreation. The workforce for jobs in need of filling in our area are clamoring for more parks and trails amenities. This includes Iowans as well as persons moving from other states that have these amenities. If we wish a workforce for our future, we must invest in these areas. Since 1998 Dubuque County has received over $7.56 million in REAP allocations for 220 projects for city parks and open space grants, conservation education, county conservation grants and allocations, historic resource development grants, land management, roadside vegetation, and soil and water enhancement (from report dated 2022). Dubuque is in the large size city category. That means that the maximum grant Dubuque can ask for is $200,000. This cap has been the same since at least 1998. Construction costs have risen dramatically during the last 25 years, especially the last 3. Holding REAP static reduces the positive results REAP has had on our states parks, heritage, and environmental efforts. REQUESTED ACTION Request that the Iowa Legislature work to increase REAP to full funding of $20 million as authorized and create more permanent year after year funding. d. NATURAL RESOURCES & OUTDOOR RECREATION TRUST FUND The Iowa Legislature has a great opportunity to fulfill its promise to Iowans to protect Iowa's land and water by passing a measure that funds the Natural Resources and Outdoor Recreation Trust Fund, also called Iowa's Water and Land Legacy. In 2010, over 60% of Iowa voters supported creation of the Fund to provide reliable and dedicated funding for the protection of water quality, conservation of agricultural soils and improvement of natural areas such as fish and wildlife habitat. However, no money will go into it unless the Legislature raises the sales tax. If raised, the first three -eighths of the tax will go toward the Trust Fund. It was reported that this would generate about $150 million a year. Once funded, the Trust Fund guarantees that money in the Trust be allocated as shown in the graph. 381 Page Soil & Water Conservation Habitat, Parks & Preserves Trails REAP Local Conservation Partnerships Watershed Protection Lake Restoration Our most productive soil is being lost at an alarming rate, threatening the economic engine that is Iowa's family farms. Funding the Trust Fund will provide protection of these resources for future generations by: • Providing significant funding for investments in voluntary soil conservation practices and technology that can improve yields and profits on Iowa farms. • Fostering and leveraging partnerships between agriculture, the non-profit and private sectors and government for implementation of water quality and soil conservation practices. • Allocating 33% of the funding to voluntary soil and water conservation and local conservation partnerships. The Trust Fund will also allow for investment in natural approaches to flood prevention that can improve water quality while protecting our farms, cities, and neighborhoods from future flooding. Outdoor recreation provides real economic benefits to Iowa's communities, particularly rural ones by contributing millions in local and state tax revenues, providing jobs, and generating billions of dollars in Iowa's economy. • Hunting, fishing and wildlife watching generate $1.54 billion per year in Iowa. This includes $974 million in local retail sales, creating and supporting more than 17,800 jobs. • Hunters alone support over 7,000 jobs in Iowa and spend over $449 million annually on their sport, which in turn generates over $47.8 million in state tax revenue. • Visits to state parks, county parks, lakes and trails are estimated at 50 million visits per year, representing $2.63 billion in spending levels. • River recreation supports more than 6,350 jobs with $824 million in sales and $139 million of personal income. Recreational amenities and quality of life opportunities are critical to recruiting and retaining a highly educated and motivated workforce. REQUESTED ACTION Pass legislation to increase the state sales tax from 6 percent to 6 and 3/8 percent with the 3/8 of one percent to be deposited in the Natural Resources and Outdoor Recreation Trust Fund that the voters of Iowa already supported and approved with a significant majority. e. STATE RECREATIONAL TRAILS PROGRAM The state recreational trails program (SRT) provides funds to establish recreational trails throughout Iowa for the use, enjoyment and participation of the public. The program is restricted to the acquisition, construction or improvement of recreational trails open for public use or trails which will be dedicated to public use upon completion. 391Page The citizens of Dubuque have benefitted from this grant program to establish trails in our community connecting recreational resources as well as providing trail transportation corridors for bikes and pedestrians. Trails continue to grow in popularity and are an economic engine for the state. In the last six years the Iowa Department of Transportation program has had funding of $3.4, $2.5, 1.2, $1, $1.5, $1 and $2.5 million to award with requests each year ranging from $34.2 million to $10.5 million in the lowest year. The need far outweighs the funding available, which keeps decreasing. REQUESTED ACTION Authorize additional funding each year at a stable level appropriate to the needs for the State. 401 Page 15. ARTS & CULTURE a. ARTS & CULTURE FUNDING Vibrant and livable communities in Iowa are those that support and invest in arts, culture, and humanities initiatives and programs as tools for economic and community development. Equitable access to and representation in arts and cultural programs improves the quality of life for all Iowans and stimulates economic activity, helping to attract and retain a diverse workforce which is essential to Iowa's economic vitality and competitive edge. Arts and culture as a stand-alone industry is a bustling sector, supporting a wide variety of education, entertainment, recreational, and skilled -trades jobs while providing essential revenue streams for local travel and hospitality businesses and generating significant contributes to federal, state, and local governments. Iowa's arts and culture sector is a necessary element of the state's overall COVID-19 recovery strategy and a long-term asset for the state's overall growth and vitality in the 21st century. Community -created Solidarity Mural at Dubuque's Five Flags Civic Center. Designed by local artist Shelby Fry. Painted by 75+volunteers, June 2020. Photograph by Bob Felderman. Nationally, the arts culture sector and creative economy is a $1.02 trillion industry which equates to 4.4% of the nation's GDP — a larger share of the economy than transportation and utilities. This represents $27.5 billion in federal, state, and local tax revenue generated by the nonprofit arts and culture sector alone. In Iowa, the arts and culture sector contribute an estimated $4.2 billion to the state's economy, representing 2.1% of the state's GDP and 38,110 jobs, numbers that have drastically declined from pre -pandemic levels. According to the National Assembly of State Arts Agencies, Iowa is projected to rank 43rd in per capita spending at 48 cents for arts and culture through its state arts agency in FY2024. Iowa continues to trend downward in its investment in the arts and culture sector, as it falls further behind moving from its ranking as 41'Y in FY21 and FY22. The National average is $2.10. 4 of 5 neighboring states rank higher and invest more in their creative sector than Iowa does. In FY24, it is projected that Minnesota will rank 2nd at $9.65 per capita, Missouri 7th at $5.07, Illinois 23rd at $1.23, and Nebraska 22nd at $1.32. These projected FY2024 appropriations include line -item funds designated by the legislature to pass through the state arts agency to other entities. 411 Page In 2022, Dubuque participated in one of the most comprehensive economic impact studies of the nonprofit arts and culture industry ever conducted in the United States. The Arts & Economic Prosperity VI study was conducted by Americans for the Arts, the nation's leading nonprofit organization for advancing the arts and arts education. The results showed that Dubuque's nonprofit arts and culture sector generates $ 70.4 million in annual economic activity, supporting 1,527 full-time equivalent jobs and generating $ 6.7 million in local and state government revenues and $41.6 million in household income to local residents. The Dubuque City Council prioritized arts and culture investment to foster equitable access and representation in a thriving arts and culture community. 'Diverse arts, culture, parks, and recreation experiences and activities' is one of eight City of Dubuque 2037 Goals. Since 2004, the Dubuque's City Council has taken actions such as establishing an Arts and Cultural Affairs Advisory Committee, dedicating $35,000 annually in special project grants, and establishing a Downtown Cultural Corridor managed by Dubuque Main Street. Additional investments include an operating support grant program for local arts and culture non -profits which has grown from $200,000 in FY06 to $250,000 in FY21. We enjoy an annual rotating public sculpture program, seeded as a ten-year $300,000 CIP in FY06 and now funding through the City's general fund at $37,500 annually. A part-time, now full-time staff position of Arts & Cultural Affairs Coordinator was added in FY09 and continues as a key member of the City's Economic Development Department team. To date, the City of Dubuque has provided $4.25 million in direct funding for arts and culture since the establishment of the City's Arts and Cultural Affairs Advisory Commission in 2004. City funding alone is insufficient for local arts and culture sectors and creative economies to flourish, especially in rural communities where municipal funding for the arts rarely exists and even in communities like Dubuque where the arts are invested in as a key tool for community success. In 2014, the City recognized the need for master arts planning to advance its' reputation as a regional creative and cultural hub. The resulting Arts and Culture Master Plan was adopted by City Council in 2016 and serves as a guide to assist the City in strategic resource management, to sustain arts and culture as an integral part of the community's social and cultural vibrancy. The plan engages the community in the implementation of the plan, reflecting the community's vision to utilize arts and culture to enhance our sense of place, contribute to Dubuque's economic vitality, create, and support an environment where art and culture thrive, and enrich Dubuque culturally, aesthetically, educationally, and economically. The support of the Iowa Department of Cultural Affairs (IDCA), its various divisions, and their subsequent grant programs, is vital to the arts and culture organizations and creative workers in Dubuque. Dubuque does not currently offer grant programs for individual artists or for -profit culture entities; the Iowa Arts Council (IAC) Project Grants and Iowa Artist Fellowship Program provide critical opportunities for creative culture bearers to create their work and engage their communities. IAC's other grant programs including School Arts Experience, Cultural Heritage Project Grants, Cultural Leadership Partner Operating Support Grants, Arts Build Communities Grant, and others provide essential support for educational opportunities, community enrichment, and economic development arts -based projects that would not take place without sustained or increased funding from Iowa's legislative appropriation to its state arts agency. 421 Page We take this opportunity to acknowledge and thank IDCA for serving as a key resource for local arts agencies, organizations, and artists across the state throughout the COVID-19 pandemic. They have provided prompt and thoughtful support of the sector, efficiently creating one-time grant programs to put CARES Act and American Rescue Plan funds to work on the ground in local communities. REQUESTED ACTION • Continue to regard and fund the arts and culture sector as an essential Iowa industry attracting and retaining Iowa's workforce, inspiring business development, supporting economically viable jobs, generating state and local government revenue, and as a cornerstone of the state's tourism economy. • Support and fund programs at or above FY23 levels through the Iowa Department of Cultural Affairs (Iowa Arts Council, State Historical Society of Iowa, Produce Iowa, and Humanities Iowa) to continue recognizing and promoting Iowa's cultural heritage as key in COVID-19 recovery strategy for all Iowa communities. • Provide funding for appropriate staffing levels at the Department of Cultural Affairs to increase service and support of the arts and culture community throughout all parts of the state. • Explore and implement funding mechanisms to raise the ranking of Iowa from 43rd in the nation per capita through the state's arts agency as reported by the National Assembly of State Arts Agencies Legislative appropriations including line items. 431 Page 16. SUSTAINABILITY & RESILIENCY a. ENERGY EFFICIENCY & ALTERNATIVE ENERGY Every year, the American Council for an Energy Efficient Economy ranks states on their energy efficiency policy and program efforts. Iowa's rank continues to slide nationally due to inaction. Businesses, residents, and local governments have taken advantage of existing incentive programs, but still have much work to do in order to make their new and existing buildings more energy efficient. As energy efficiency is achieved, private and public organizations as well as individuals have begun to explore a variety of alternative and renewable energy options to increase their energy independence, reduce dependence on coal and oil, reduce greenhouse gas emissions, improve the competitiveness of local business, and improve public health. The Iowa Economic Development Authority and Iowa Department of Transportation developed the Iowa Energy Plan, most recently updated in 2018. The plan, which the City of Dubuque has been engaged in developing, focuses on energy as an economic development opportunity, Iowa's energy resources, energy efficiency and conservation, and transportation and infrastructure. However, the spending cap on utility demand -side investment now allows customers to opt out of paying for programs that fail to pass the Ratepayer Impact Measure test. Utility filings show a drop in savings of 25-50% for electric programs and 75-80% for gas programs (Source: American Council for an Energy -Efficient Economy). The impact of these cuts is felt in Dubuque, with decreased funding for the Green Iowa AmeriCorps program. The decreased funding for rebates and other efficiency programs continues to be felt by our residents and businesses. REQUESTED ACTION The City strongly advocates for implementation of the recommendations of the Iowa Energy Plan, specifically as they relate to energy efficiency and opportunities to support the development of renewable energy resources in the state. The City is represented in the Dubuque County Energy District and will work collaboratively with energy districts across the state to provide leadership and technical assistance to advance efficiency and renewable work. Successful energy efficiency incentive programs should be continued and increased, and Iowa should explore opportunities to remain competitive with other states in offering incentives for the installation and utilization of renewable and alternative energy. Specifically, the state should consider a progressive energy policy that works with local governments and utilities to 1) provide energy efficiency assistance, especially to low- income families, 2) remove barriers to widespread decentralized renewable energy use, 3) stabilize renewable energy incentives, and 4) protect net metering and third -party power purchase agreements and support other opportunities to make renewable energy more cost-effective and accessible. • The City supports removal of code language that prevents cities from adopting a stricter energy code and encourages the state to adopt the 2021 IECC energy code as well as the International Green Construction Code (IGCC). In addition, the City supports adopting all building codes one year after issued by the ICC, which impacts water usage, EV charging infrastructure, HVAC, and other resources. 441 Page • The City supports state legislation to permit Property Assessed Clean Energy, or PACE, in Iowa. PACE financing offers an innovative way for property owners to pay for energy efficiency upgrades with strong ROls that create jobs for Iowans. PACE programs can now be used in over 37 states and has provided millions of dollars to improve buildings according to the US Green Building Council. Long-term financing linked to properties incent investment in energy -efficiency and renewable energy projects with long-term ROls and promote equitable sharing of costs and savings among current and future owners and tenants. In addition, the state should offer tax credits from building above the adopted energy code (such as PHIUS, DOE Net Zero, etc.) and offer tax credits for efficiency upgrades to low-income occupied homes and rental units. • The City recognizes that buildings make up the majority of our resource usage and supports making all buildings be WaterSense-certified and proposes an energy -use disclosure at sale or lease of all structures. The City supports the Iowa Clean Cities Coalition and is interested in partnering with the State in any way possible to advance the development of alternative fuel fleets and the infrastructure needed to make those fleets possible in the public and private sector. Support policies that incentivize electric vehicles (EVs) and allow for development of electric vehicle charging infrastructure. Additionally, the State needs to include Dubuque's highways (20 and 151) as qualified corridors for all funding sources. Without this designation, Dubuque is not eligible for funding to advance our EV infrastructure. Iowa is one of the national leaders in renewable energy. While traditionally this has focused on wind energy, the solar industry has been growing. In 2022, clean energy jobs in Iowa increased 3.5%, and clean transportation is the state's fastest growing job sector. Iowa's renewable energy record is a selling point in business recruiting and the tax credit spurred a lot of investment in communities across the state. The state needs to reinstate the Iowa Solar Tax Credit and increase the allotment to $10 million annually. 451 Page 17. PUBLIC HEALTH a. PUBLIC HEALTH FUNDING IARPA and CARES money is one-time and specifically for COVID relief. Local public health agencies (LPHAs) need dedicated, reliable, and flexible funding to deliver on their CHNA/HIPS and address the knock -on "social morbidities" of COVID that will be seen for years if not generations to come. For over 20 years, local public health agencies have been creating, refining, updating, and adding Public Health Emergency Preparedness Response Plans (PHEPRP.) Before and soon after the 9/11 attacks, local public health followed the national initiative of preparing for biological, chemical, radiological, weather, and other public health related disasters and emergencies. Simultaneously, we experienced more and more newly emerging infectious diseases, including HIV/AIDS, resistant TB, MRSA, West Nile, Ebola, Zika, cyclospora, E.Coli 0157:H7, SARS, MERS, H1N1 influenza, Toxic Shock Syndrome and COVID-19. These along with re-emerging outbreaks of diseases we thought we'd conquered such as mumps, measles and whooping cough continue to persist along with outbreaks from new sources or ways of spread from pathogens such as cryptosporidia, giardia, salmonella, shigella, and Hantavirus. Congress responded to most of these with limited term, disease specific and preparedness planning funding to states, who in turn funded local health departments and public health agencies through grant processes. As the outbreaks subsided and healthcare learned to treat the infectious diseases the funding was reallocated to other priorities or cut entirely. This reactionary, short term public health funding does not create a system or public health agencies are ready to respond to epidemics and pandemics, climate and weather -related emergencies etc. in a timely and effective manner. Public health requires ongoing funding, education, and resources to prepare for and respond to public health emergencies, including those that happen at the state, local, federal and world levels. Effective public health services depend on sustained and flexible funding that can be used to respond to community needs. REQUESTED ACTION Increase and protect core funding for vital public health agencies and programs and strengthen the nation's public health infrastructure. Create sustainable funding for public health emergency planning and response. b. BRAIN HEALTH City of Dubuque Public Health and Safety officials and staff recognize the law enforcement issues serving individuals with brain and behavioral health issues. REQUESTED ACTION • Support integrated co-occuring policy and funding. • Assign more regional responsibility for children's behavioral health services. • Maintaining the regional structure and allowing MH/DS regions to assume more responsibility within the HHS plan for re -alignment. • Workforce development and recruitment. 461 Page c. CHILDREN'S BRAIN HEALTH PRIORITIES Citizen input describing the experience of navigating the brain health resources for children in Iowa describes a system that is fraught with challenges. These challenges frequently preclude successful outcomes. Children's brain health protocols need to be tailored and age appropriate and not modeled after adult systems. Barriers to care, lack of services, scarcity of providers, and lack of professional services in schools and day care all mitigate against good brain health solutions. The Children's Behavioral Health Systems state board identified the following priorities: • Ensure stable and adequate funding of the children's system. • Continue service growth to all areas of the state including but not limited to core and core plus services. • Address challenges impacting the behavioral health workforce, including implementing strategies to enhance the current behavioral health workforce. • Implement universal behavioral health screenings with informed consent by children's parent or guardian. • Continue to develop and implement statewide data collection pertaining to children with a serious emotional disturbance. • Provide funding to eliminate the children's mental health waiver waitlist. • Conduct statewide resource mapping for children's services. • Explore and correct gaps in services. REQUESTED ACTION Support the policy makers priorities of the Children's Behavioral Health Systems state board. d. COMMUNITY HEALTH CENTERS Iowa's Community Health Centers (CHCs) have 49% of their patients covered by Medicaid, which is 16% of the state's total Medicaid population. As unique primary health care providers that conveniently offer medical, oral health and behavioral health services under one roof, CHCs frequently see patients who have scheduled appointments for more than one type of visit on the same day (for example, a patient will schedule a yearly medical exam and a dental cleaning on the same day). Unfortunately, current Iowa Medicaid reimbursement policy does not allow CHCs to be reimbursed for more than one visit if they occur on the same day. e. ACCESS TO HIGH QUALITY, AFFORDABLE HEALTH CARE With continuing issues related to the sustainability of the Health Insurance Marketplace in Iowa and the proposals to replace or improve the Affordable Care Act, any changes need to ensure vulnerable and low-income Iowans can access high quality, affordable health insurance, including Iowa's Medicaid expansion program and other safeguards to maintain our historically low insurance rates. REQUESTED ACTION • It is imperative that any changes to Medicaid rates and coverage, or increased flexibility at the state or federal level, include adequate services, providers, rates, and other safeguards. • Maintain the integrity of the 340B pharmacy program with complimentary legislation to the Federal legislation. Address discriminatory contracting, aka, "pickpocketing from Pharmacy 471 Page Benefit Managers (PBMs) and prohibit restrictions on contract pharmacies. Secure capital expenditures to expand services/medical, oral, behavioral, and pharmacy) at existing health centers to ensure comprehensive, integrated primary care is available to all Iowans, improve technology, expand physical locations, and to remain viable employers and produce economic activity in underserved communities. • Audio only telehealth is temporarily allowed under Public Health Emergency- a more permanent solution is necessary because patients still cannot afford or can't always access broadband, or they do not have the devices or ability for full video. Medical commercial parity for telehealth for behavioral health services under commercial insurance was passed last year. f. RECRUIT & RETAIN A QUALIFIED HEALTHCARE WORKFORCE One of the largest factors limiting a community health center's ability to provide patients quality care is recruiting and retaining quality providers. REQUESTED ACTION Support Iowa community health center's workforce to address shortages throughout the state, including investments in recruitment and retention strategies, training, and loan repayment with a focus on dentists, dental assistants, medical assistants, nurse, hygienists, and other support staff. g. OPIOID EPIDEMIC Opioid use and overdose deaths represent a public health crisis requiring innovating, evidence -based responses with community involvement. Opioid overdose mortality represents a major and preventable threat to public health. Deaths from unintentional drug poisoning have reached crisis levels in the United States and in Iowa. Last year in Dubuque, we had nine opioid-related overdose deaths, and three have occurred already this year. Other communities in Iowa are also experiencing the devastating effects of illicit opioids. A growing body of evidence and experience supports innovating community -level approaches to preventing opioid overdose deaths in the broader context of efforts to reduce the risk of overdose through primary prevention of opioid misuse. Numerous pilot programs and evaluations have demonstrated the feasibility and viability of providing opioid education to the community, to health care providers, including Nalaxone administration, use, and education on the opioid Prescription Monitoring Program, and harm reduction strategies. The Dubuque community has been monitoring the increasing opioid crisis and we are very concerned about the growing impact on our community. A local, community -based opioid response team has assembled and is meeting regularly. To date, they have educated 566 community and health professionals, along with 187 law enforcement personnel, on Nalaxone administration and promoted community -based organizations to educate the community on the opioid misuse problem. Much of the task force work has become a model for the state and country. REQUESTED ACTION • Establish drug specialty courts in statute for each judicial district, funded with standing appropriations to the Judicial Branch and Department of Corrections. 481 Page • Maintain coverage for vulnerable populations and ensure immediate health benefit coverage to Medicaid and insurance -eligible offenders when released from incarceration, including coverage of naltrexone prescriptions for addicted offenders. • Create a new public long-term treatment facility for dual diagnosis patients. • Direct the Department of Human Services and Iowa Insurance Division to assemble a comprehensive report containing the following elements: • Coverage and payment policies for diagnosis and treatment of substance use disorders by insurance companies, • Management care organizations and third -party administrators on behalf of self -funded plans. • Aggregate utilization data by county on the number of people treated, services provided, costs incurred, and payments made. • Prospects/research on the success of abuse -deterrent opioid pharmaceuticals. • Explore and pilot the use of research -based harm -reduction strategies such as needle exchange programs while providing education to law enforcement, the community, and healthcare providers. • Peer to Peer support. Recognize and support the importance of informal, peer supports such as narcotics anonymous, I Hate Heroine, CRUSH etc. This includes expanding education, increasing inclusivity and financial supports needed to expand reach and efforts. h. NOTICE OF VIOLATION Currently, a notice of code violation must be sent via certified mail to a property owner if the City performs the required mitigation of the problem and assesses the cost to the property owner. We suggest that a notice be sent via regular mail to the property owner. Oftentimes, it is difficult for people to collect or pickup certified mail, particularly if they are not home at time of delivery. Certified also adds a significant cost ($2.87) to the mailing of each notice. REQUESTED ACTION Change Iowa Code Section 364.12 (h) to allow mailing via regular mail. i. CHILDHOOD LEAD POISONING Childhood lead poisoning is endemic to Iowa. Of Iowa children born in 2004, 97.7% were tested at least once before the age of six years, and 3.7% of these children were lead -poisoned (in eight counties, more than 9% of the children were lead -poisoned). At the national level, the rate of lead poisoning among children under the age of six years is so low that it is no longer reported. Homes built prior to 1978 are likely to contain lead -based paint, and lead -based paint hazards are the leading cause of childhood lead poisoning. In 2009, the Iowa General Assembly passed a law requiring all children to have proof of a blood lead test prior to entering kindergarten. Further complicating Iowan's ability to help their children, the Centers for Disease Control (CDC) eliminated a $594,000.00 grant which the Iowa Department of Public Health (IDPH) has historically received annually. This resulted in a 25% reduction in funds going to local health departments for lead poisoning surveillance activities, and more importantly, essentially eliminated the technical capacity of the state level especially for data compilation and analysis. As IDPH keeps less than 5.0% of state funds allocated to the lead poisoning preventing program, staff time will now be used for enforcement activities related to contractors and inspectors, rather than the tracking and treatment of poisoned children and maintaining accurate data. 491Page REQUESTED ACTION Appropriate adequate funds to allow the Iowa Department of Public health to continue its crucial role as a technical advisor and data manager to local childhood lead poisoning prevention programs (CLPPP) and increase funding levels for local CLPPP programs. j. HEALTHY LOCAL FOODS A decade ago, the Legislature charged the Leopold Center for Sustainable Agriculture with preparing a local food and farm plan containing policy and funding recommendations for supporting and expanding local food systems and for assessing and overcoming obstacles necessary to increase locally grown food production. The Healthy Local Foods principle of Dubuque's sustainability model aims to provide benefits of wholesome food from local producers, distributors, farms, gardens, and hunters to all. The City and its partners engaged in the Healthy Local Foods initiative have participated in the forming of the Local Food & Farm Plan. In order for local institutions and consumers to increase their purchase and consumption of local foods, barriers must be overcome that enable more produce and meat to be produced, processed, and sold locally. Various studies have shown the value of a strong local food system as an economic development tool. REQUESTED ACTION • Support and help facilitate food donation and food rescue programs. • Promote and facilitate grocery store investment in food deserts. • Facilitate and fund Farm to School and Farm to Institution health food initiatives. • Incentivize regenerative soil management practices for agriculture, school and community gardens to protect Iowa's major industry and environmentally sensitive areas. 501 Page Charles Isenhart STATE REPRESENTATIVE District 72 Statehouse: (515) 281-3221 e-mail — charles.isenhait@legis.iowa.gov HOME ADDRESS P.O. Box 3353 Dubuque, [A 52004-3353 Home: (563) 557-1261 City Council City of Dubuque Brad Cavanagh, Mayor 50 W. 13t1i St. Dubuque, IA 52001 jooUoe of Aepreoelltatibeo State of Iowa Ninetieth General Assembly STATEHOUSE Des Moines, IA 50319 September 26, 2023 World Environmental Health Day National Wilderness Month Dear Mayor and City Council members: COMMITTEES Agriculture Economic Growth and Technology Veterans Affairs Ways and Means Appropriations Subcommittee for Health and Human Services In light of the recent migratory bird grassland nest destruction that occurred in my legislative district and concerns raised by the Dubuque Audubon Society, I will be proposing state legislation to give more authority to cities and counties to safeguard migratory birds and other protected or endangered wildlife species. The City of Dubuque Imagine 2037 comprehensive plan states, as part of its land conservation component, that "protecting natural areas... will not only lead to ecological benefits but offers potential for eco-tourism. Doing so in a manner that educates the public will help foster stewardship for fixture generations. In workshops, focus groups, and online comments, community members expressed a desire to conserve areas ... to create serene places and viewpoints to watch migratory birds." The document further states that the City's environmental policy is to "ensure heightened development review when development occurs in. green infrastructure protection areas, habitat cores, or other sensitive rural or natural areas.". Recognizing that federal education, prevention, protection and enforcement capacities are limited, I request that the City -- as part of its state legislative priorities -- support the following enhancements to Iowa code: "Cities and counties shall adopt ordinances requiring persons to comply with the obligations, policies and procedures of the federal Migratory Bird Treaty Act and Endangered Species Act, including but not limited to prohibitions against incidental take of migratory birds. Such ordinances may penalize a violation as a serious misdemeanor, or as an aggravated misdemeanor if malicious. An ordinance may also provide that a violation is subject to a civil citation, with a fine not less than $2, 560 nor more than $10, 000. If a person admits to a civil violation, criminal charges against the person shall not be pursued if the violation is not deemed malicious. Civil fines for violations of an ordinance shall be used by a city or counly.for development and/or implementation of a plan supporting the protection or expansion of grassland, woodland or wetland wildlife habitat. In the absence of a plan, fines shall be forwarded to the Iowa Department of Natural Resources for use in implementing the state Wildlife Action Plan related to migratory birds or endangered species. Use of fines by the department shall supplement and not supplant other sources offunding used to implement the stale Wildlife Action Plan. An ordinance shall require that reports of alleged violations be communicated in writing by the city or County to the U.S. Fish and Wildlife Service. A city or county shall defer enforcement to the U.S. Fish and Wildlife Service iffederal enforcement action is taken or if the Service communicates in writing, within 90 days, that it intends to take action. " In addition to state legislation, I have encouraged the appropriation of more federal funding for state and local initiatives. Attached is a letter to Congress from the NationalXaucus of Environmental Legislators. The letter urges adoption of the bipartisan Recovering America's Wildlife Act (RAWA). That Act would protect America's biod.iversity through proactive conservation, keeping thousands of animals from being listed under the Endangered Species Act I was a signatory to this letter. I request that the City support the Recovering America's Wildlife Act as part of its federal legislative priorities. In August, the National Conference of State Legislatures' Natural Resources and Infrastructure Committee, of which I am a member, agreed to consider a resolution at its 2024 annual summit. That resolution would urge Congress to authorize the U.S. Fish and Wildlife Agency to enter into agreements with state and local governments to provide for concurrent enforcement of the Migratory Bird Treaty Act and the Endangered Species Act. I ask the Dubuque City Council to support such legislation as part of its federal priorities. I thank you for your consideration of these important matters. Respectfully submitted, Charles Isenhart State representative Mike Van Milligan, City Manager Ken Kiss, president, Dubuque Audubon Society Attachments: 1. NCEL letter 2. NCSL resolution i COMMITTEE: NATURAL RESOURCES AND INFRASTRUCTURE 3 TYPE: RESOLUTION 4 WHEREAS, habitat loss, wildlife diseases, invasive species, pollution, and the impacts 5 of climate change pose significant threats to fish and wildlife species; and 6 7 WHEREAS, over 1,600 United States' native species are federally protected under the s Endangered Species Act and estimates suggest one in five native species is at risk of 9 extinction; and 10 ii WHEREAS, State Wildlife Action Plans have identified nearly 12,000 Species of 12 Greatest Conservation Need (SGCN), including federal and state endangered and 13 threatened species and other rare and at -risk fish and wildlife species; and 14 15 WHEREAS, current funding is far below what is necessary to conserve the species 16 most at -risk; and 17 18 WHEREAS, the Blue Ribbon Panel on Sustaining America's Diverse Fish and Wildlife 19 Resources recommended that up to $1.3 billion a year of existing revenue from energy 20 and mineral resources development on federal lands and waters be redirected to the 21 Wildlife Conservation Restoration Program; and 22 23 WHEREAS, the Recovering America's Wildlife Act would provide the additional funding, 24 providing state wildlife agencies the money necessary to accelerate implementation of 25 State Wildlife Action Plans; and 26 27 WHEREAS, the additional funding will help states to address at -risk wildlife before they 28 require protection under the federal Endangered Species Act which can be more costly 29 and disruptive. BACK TO THE TABLE OF CONTENTS 11Page 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 WHEREAS, the Department of Interior's U.S. Fish and Wildlife Service on October 4, 2021, restored regulations under the Migratory Bird Treaty Act (MBTA) prohibiting incidental take (including killing, capturing, selling, trading, and transport) of protected migratory bird species without prior authorization by the Service. WHEREAS, the U.S. Fish and Wildlife Service lacks the resources to provide for consistent enforcement of the MBTA and the Endangered Species Act, according to judicial precedent and long-standing agency practice. WHEREAS, the states in their role as public trustees have primary stewardship responsibility for their natural resources, including land, water and wildlife. NOW, THEREFORE, BE IT RESOLVED, that the National Conference of State Legislatures recommends that the Recovering America's Wildlife Act be amended, to the extent policy provisions may be included in the legislation, to authorize the Department of Interior Fish and Wildlife Service to execute agreements to allow for the voluntary concurrent implementation and enforcement of the Migratory Bird Treaty Act and Endangered Species Act by state and local law governments. BE IT FURTHER RESOLVED, that the National Conference of State Legislators urges the President of the United States and Members of Congress to act to pass and sign into law the Recovering America's Wildlife Act, and BE IT FURTHER RESOLVED, that copies of this resolution be immediately transmitted to the President of the United States, the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress. BACK TO THE TABLE OF CONTENTS 2 1 P a g e National Caucus of Environmental l_e g i l l ato rs December 13, 2022 Dear Senate Majority Leader Schumer, House Speaker Pelosi, Senate Minority Leader McConnell, House Majority Leader Moyer, Senator Heinrich, Senator Blunt, Representative Dingell, and colleagues, We, 163 state legislators from 36 states, call on Congress to ensure dedicated funding for states, territories and tribes to protect and recover endangered and threatened species at the sub -national level. Proactive conservation measures are needed to address the nation's ongoing wildlife crisis. The United States contains many unique species that are found nowhere else in the world. Some of these species are flourishing, yet many are in dire need of assistance. State fish and wildlife agencies have identified more than 12.000 species that may become extinct unless there is human intervention. These species' risk of extinction is projected to increase as the threats of climate change and habitat loss are exacerbated. States have developed State Wildlife Action Plans at the request of Congress, outlining necessary conservation actions to assess the health of their fish and wildlife populations. However, the funding that states receive through the federal State and'1'ribal Wildlife Grants program is insufficient to manage the over 12,000 at risk species. The current funding, �j](yu in 2022, is only a small fraction of what is needed to save these species. In contrast, state fish and wildlife biologists estimate that funding 75% of necessary conservation efforts would be R1.3 1ilbon annually for states and $97.5 million for tribes. It is vital that funding match the magnitude of the challenge at hand. We have a proven track record of recovering imperiled species back from the brink of extinction. America's game species are a part of our cultural heritage. We once came close to losing part of our heritage as game species, such as white tail deer, elk, and wood ducks, were once at risk of disappearing. These species are now fortunately recovered, largely due to the support of hunters and anglers. While the contributions of hunters and anglers remain crucial for conserving species, we face a new conservation crisis today as climate change, habitat loss, emerging diseases, and invasive species threaten numerous wildlife and plant species at scales once unimaginable which calls for more diverse and dedicated funding streams. This crisis is a direct threat to the country's economic well-being. More than 140 million Americans engage with the outdoor economy to make it the 4tl largest sector for annual consumer spending, generating' 802 billion annually through hunting, fishing, birding, hiking, tourism, and other outdoor activities. Furthermore, the outdoor economy's inflation adjusted GDP growth was 18 9% compared to 5.9° o of the United States' overall GDP growth in 2021. It supports 4.5 million direct jobs and generates 1'4 5 illirni in federal, state, add local tax revenue. However, the potential extinction of thousands of species would erode these benefits and inflict devastating impacts on hunting, fishing, tourism, and many additional aspects of the outdoor economy. Lastly, protecting species today means spending less in the future. Conserving species at the state' and tribal levels could reduce the need for protection under the stricter federal Endangered Species Act. Protecting America's wildlife is good for business, good for taxpayers, and good for the country. We support and urge Congress to establish dedicated funding for proactive conservation efforts at the state, territory, and tribal levels. Thank you for your consideration of the request! Sincerely, North Carolina Representative Pricey Harrison (NC-6I) Alaska Representative Andrew Josephson (AK-17) Arizona Representative Andrea Dalessandro (AZ-2) Arizona Senator Rebecca Rios (AZ-27) Colorado Representative Brianna Titone (CO-27) Colorado Representative Donald Valdez (CO-62) Colorado Representative Jennifer Bacon (CO-7) Colorado Representative Lisa Cutter (CO-25) Colorado Representative Meg Froelich (CO-3) Colorado Representative Shannon Bird (CO-35) Connecticut Representative David Michel (CT 146) Connecticut Representative Kevin Ryan (CT-139) Delaware Senator Stephanie Hansen (DE-10) Florida Representative Anna Eskamani (FL-42) Georgia. Representative Becky Evans (GA-83) 202-744-1006 ^ www.nceler�viro.org ^ 1100 H Street NW, Suite 600 < Washington, DC 20005 Georgia Representative Dewey McClain (GA-100) Georgia Representative El-Mandi Holly . (GA-I11) Georgia Representative Kim Schofield (GA-60) Georgia Representative Marvin Lim (GA-99) Georgia Representative Mary Williams (GA-37) Georgia Representative Rhonda Taylor (GA-91) Hawaii Representative Amy Perruso (1I1-46) Hawaii Representative Jeanne Kapela (1-11-5) Hawaii Senator Chris Lee (111-25) Hawaii Senator Karl Rhoads (Hf-13) Hawaii Senator Lorraine Inouye (HI-1) Hawaii Senator Stanley Chang (HI-9) Idaho Representative Ilana Rubel (ID-18) Illinois Representative Ann Williams (ILA 1) Illinois Representative Robyn Gabel {IL-18) Illinois Senator David Koehler (IL,-46) . Illinois Senator Laura Fine (IL-9) Iowa Representative Art Staed (1 A-66) 202-744-1006 • www.ncelenviro.org • 1100 H Street NW, Suite 6OO • Washington, DC 20005 3 Iowa Representative Charles Isenhart (IA-100) Iowa Senator Joseph Bolkcom (IA-43) Kentucky Representative Attica Scott (KY-41) Maine Representative Lynne Williams (ME-14) Maine Representative Valli Geiger (MF,42) Maine Representative Victoria Doudera (ME-41) Maine Senator Joseph Baldacci (ME-9) Maine Senator Nicole Grohoski (ME-7) Maryland Delegate David Moon (MD-20) Maryland Delegate Jessica Feldmark (MD-12) Maryland Delegate Karen Young (MD- 3A) Maryland Delegate Lorig Charkoudian (MD-20) Maryland Delegate Mary Lisanti (MD-34A) Maryland Delegate Sara Love (MD-16) Maryland Delegate Sheila Ruth (MD-44B) Maryland Senator Benjamin Krasner (MD-19) Maryland Senator ,Brian Feldman (MD-15) Maryland Senator Susan Lee (MD-16) 202-744-1006 - www,ncelenviro.org ° 1100 H Street NW, Suite 600 . Washington, OC 20006 I Massachusetts Representative Angelo Puppolo (MA-12th Hampden District) Massachusetts Representative Lindsay Sabadosa (MA-1 st Hampshire District) Massachusetts Representative Michelle Ciccolo (MA-15th Middlesex District) Massachusetts Representative Sean Garballey (MA-23rd Middlesex District) Massachusetts Representative Tram Nguyen (MA-18th Essex District) Massachusetts Senator Anne Gobi (MA -Worcester, Hampden, Hampshire & Middlesex District) Massachusetts Senator Michael Moore (MA -Second Worcester District) Member Ruth Buffalo (ND-27) Michigan Senator Stephanie Chang Minnesota Representative Rick Hansen (MN- 52A) Minnesota Senator Charles Wiger (MN-43) Minnesota Senator Jerry Newton (MN-37) Minnesota Senator Jim Abeler (MN-35) Nevada Assembly Member Howard Watts (NV-15) Nevada Assembly Member Sarah Peters (N V-t 24) New Hampshire Representative Ellen Read (NH-17) New Hampshire Representative Kristina Schultz (NH- New Hampshire Representative Susan Almy (NI 1-13) 202-`744-1006 ^ www,nreler.viro.org - 1100 H Street NW, Suite 600 • Wish ington, DC 20005 New Hampshire Senator David Watters (NH-4) New Jersey Assembly Member Herbert Conaway (NJ-7) New Jersey Senator Bob Smith (NJ-17) New Mexico Representative Andrea Romero (NM-46) New Mexico Representative Elizabeth Thomson (NM-24) New Mexico Representative Tara Lujan (NM-48) New Mexico Senator Antoinette Sedillo Lopez (NM-16) New Mexico Senator Daniel Ivey -Soto (NM-15) New Mexico Senator Elizabeth Stefanics (NM-39) New Mexico Senator Mimi Stewart (NM-17) New Mexico Senator Peter Wirth (NM-25) New York Assembly Member Albert Stirpe (NY 127) New York Assembly Member David Weprin (NY-24) New York. Assembly Member Fred Thiele (NY-1) New York Assembly Member Jo Anne Simon (NY-52) New York Assembly Member Linda Rosenthal (NY 67) New York Senator Liz Krueger (NY 28) North Carolina Former Representative Susan Fisher INC- 14) 202-744-1006 • www,ncelenviro.org ^ 1100 H Street NW, Suite 600 - WashinrJton, nC 20005 Noah Carolina Former Representative Verla lnsko (NC-56) North Carolina Representative Becky Carney (NC-102) North Carolina Representative Brian Turner (NC-116) North Carolina Representative Caleb Rudow (NC-114) North Carolina Representative Carolyn Logan (NC-101) North Carolina Representative Cynthia Ball (NC-49) North Carolina Representative Deb Butler (NC- t 8) North Carolina Representative Graig Meyer (NC-50) North Carolina Representative James Roberson (NC-39) North Carolina Representative John Autry (NC- 100) North Carolina Representative Julie Von Haefen (NC-36) North Carolina Representative Kelly Alexander (NC-l07) North Carolina Representative Linda Cooper -Suggs (NC-24) North Carolina Representative Marcia Morey (NC-30) North Carolina Representative Mary Belk (NC-88) North Carolina Representative Rachel Hunt (NC-103) t North Carolina Representative Terry Brown (NC-92) North Carolina Representative William Richardson (NC:-44) 202-744-1006 - www.ncelenviro.org • 1100 H Street NW, Suite 600 ° Washington, DC 20005 North Carolina Senator Gladys Robinson (NC 28) North Carolina Senator Julie Mayfield (NC-49) North Carolina Senator Michael Garrett (NC-27) North Carolina Senator Natasha Marcus (NC-41) North Carolina Senator Sarah Crawford ' (NC 18) North Dakota Representative Joshua Boschee (ND-44) North Dakota Senator Tim Mathern (ND-11) Ohio Representative Mary Lightbody (OH-19) Oklahoma Senator George Young (OK-48) Oklahoma Senator Mary Boren (OK-16) Oregon Representative Ken Helm (OR-34) Oregon Senator Deb Patterson (OR-10) Oregon Senator Janeen Sollman (OR-1S) Pennsylvania Representative Gregory Vitali (PA -166) Pennsylvania Representative Jeanne McNeill (PA-133) Pennsylvania Representative Tim Briggs (PA-149) Pennsylvania Senator Amanda Cappelletti (PA-17) Pennsylvania Senator Carolyn Comitta (PA-19) 202-744-1006 • www.nrelenviro.org « 1100 H Street NW, Suite 600 ° Washington. DC 20005 Puerto Rico Senator William Villafaiie Ramos (PR -Puerto Rico Senate At -Large District - Por Accumulation) Rhode Island Representative Edith Ajello (Rl-1) Rhode Island Senator Alana DiMario (RI-36) Tennessee Senator Heidi Campbell (TN-20) Utah Representative Gay Lynn Bennion (U1=46) Utah Representative Joel Briscoe (UT-25) Utah Senator Jani Iwamoto (UT-4) Vermont Representative Amy Sheldon (VT -Addison- 1) Vermont Representative Avram Patt (VT-,Lamoille-Washington ) Vermont Representative Barbara Rachelson (VT-Chittenden-6-6 ) Vermont Representative Carol Ode (VT-Chittenden-6-1 ) Vermont Representative Jessica Brumsted (VTChittenden-5-2) Vermont Representative Kari Dolan (VT-7) Vermont Representative Kevin Christie (V1=Windsor-4-2 ) Vermont Representative Larry Satcowitz (VTOrange-Washington-Addison ) Vermont Representative Lori Houghton (V"I=Chittenden-8-2 ) Vermont Representative Michael Yantachka (VT-Chittenden-4-1 ) Vermont Representative Peter Anthony (VT-3) 202-744-1006 • www.ncelenviro.org - 1100 H Street NW, Suite 600 - Washington, LAC. 20005 0 Vermont Representative Sarita Austin (VT-Chittenden-9-2 ) Vermont Representative Taylor Small (VT Chittenden-6-7 ) Vermont Senator Virginia Lyons (VT Chittenden) Virginia Delegate Alfonso Lopez (VA-49 ) Virginia Delegate Elizabeth Guzman (VA-31) Virginia Delegate Kaye Kory (VA-38) Virginia Delegate Paul Krizek (VA-44) Virginia Delegate Salam Rasoul (VA-11) Virginia Senator Ghazala flashmi (VA-10) Virginia Senator R. Deeds (VA-25) Washington Representative Gerry Poltet (WA-46) Washington Representative Roger Goodman (WA-45) Washington Senator Christine Rolfes (WA-23) Washington Senator Derek Stanford (WA-1) Washington Senator Jesse Salomon (WA-32) Washington Senator Reuven Carlyle (WA-36) Wisconsin Representative Christine Sinicki (WI-20) Wisconsin Representative Jill Billings (WI-95) 202-744-1006 - www.nci2tenviro.org - 1100 M Street NW, Suite 600 - Washington, CSC 20005 Wisconsin Representative Lisa Subeck (WI-78) Wisconsin Representative Sondy Pope (WI-80) Wisconsin Senator Lena Taylor (WI-4) Wisconsin Senator Melissa Agard (WI-16) 202-744-1006 - www.nceienviro.org • 1100 H Street NW, Suite 600 ° Washingt.on, DC. 20005