Text: S05198 Text: S05200 Text: S05100 - S05199 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2368 as follows: 1 2 #1. By striking everything after the enacting 1 3 clause and inserting the following: 1 4 "Section 1. Section 364.2, subsection 4, paragraph 1 5 a, Code 1997, is amended to read as follows: 1 6 a. A city may grant to any person a franchise to 1 7 erect, maintain, and operate plants and systems for 1 8 electric light and power, heating,telephone,1 9 telegraph, cable television, district telegraph and 1 10 alarm, motor bus, trolley bus, street railway or other 1 11 public transit, waterworks, or gasworks, within the 1 12 city for a term of not more than twenty-five years. 1 13 The franchise may be granted, amended, extended, or 1 14 renewed only by an ordinance, but no exclusive 1 15 franchise shall be granted, amended, extended, or 1 16 renewed. 1 17 Sec. 2. Section 476.6, Code 1997, is amended by 1 18 adding the following new subsection: 1 19 NEW SUBSECTION. 22. A public utility which is 1 20 assessed management costs by a local government 1 21 pursuant to chapter 480A is entitled to recover those 1 22 costs. If the public utility serves customers within 1 23 the boundaries of the local government imposing the 1 24 management costs, such costs shall be recovered 1 25 exclusively from those customers. 1 26 Sec. 3. NEW SECTION. 480A.1 PURPOSE. 1 27 The general assembly finds that it is in the public 1 28 interest to define the right of local governments to 1 29 charge public utilities for the location and operation 1 30 of public utility facilities in local government 1 31 rights-of-way. 1 32 Sec. 4. NEW SECTION. 480A.2 DEFINITIONS. 1 33 As used in this chapter, unless the context 1 34 otherwise requires: 1 35 1. "Local government" means a county, city, 1 36 township, school district, or any special-purpose 1 37 district or authority. 1 38 2. "Management costs" means the reasonable costs a 1 39 local government actually incurs in managing public 1 40 rights-of-way. 1 41 3. "Public right-of-way" means the area on, below, 1 42 or above a public roadway, highway, street, bridge, 1 43 cartway, bicycle lane, or public sidewalk in which the 1 44 local government has an interest, including other 1 45 dedicated rights-of-way for travel purposes and 1 46 utility easements. A public right-of-way does not 1 47 include the airwaves above a public right-of-way with 1 48 regard to cellular or other nonwire telecommunications 1 49 or broadcasts service. 1 50 4. "Public utility" means a person owning or 2 1 operating a facility used for furnishing natural gas 2 2 by piped distribution system, electricity, 2 3 communications services not including cable television 2 4 systems, or water by piped distribution system, to the 2 5 public for compensation. 2 6 Sec. 5. NEW SECTION. 480A.3 FEES. 2 7 A local government shall not recover any fee from a 2 8 public utility for the use of its right-of-way, other 2 9 than a fee for its management costs. A local 2 10 government may recover from a public utility only 2 11 those management costs caused by the public utility's 2 12 activity in the public right-of-way. A fee or other 2 13 obligation under this section shall be imposed on a 2 14 competitively neutral basis. When a local 2 15 government's management costs cannot be attributed to 2 16 only one entity, those costs shall be allocated among 2 17 all users of the public rights-of-way, including the 2 18 local government itself. The allocation shall reflect 2 19 proportionately the costs incurred by the local 2 20 government as a result of the various types of uses of 2 21 the public rights-of-way. 2 22 This section does not prohibit the collection of a 2 23 franchise fee as permitted in section 480A.6. 2 24 Sec. 6. NEW SECTION. 480A.4 IN-KIND SERVICES. 2 25 A local government, in lieu of a fee imposed under 2 26 this chapter, shall not require in-kind services by a 2 27 public utility right-of-way user, or require in-kind 2 28 services as a condition of the use of the local 2 29 government's public right-of-way. 2 30 Sec. 7. NEW SECTION. 480A.5 ARBITRATION. 2 31 1. A public utility that is denied registration, 2 32 denied a right-of-way permit, that has its right-of- 2 33 way permit revoked, or that believes that the fees 2 34 imposed on such user by the local government do not 2 35 conform to the requirements of this chapter may 2 36 request in writing that such denial, revocation, or 2 37 fee imposition be reviewed by the governing body of 2 38 the local government. The governing body of the local 2 39 government shall act within sixty days on a timely 2 40 written request. A decision by the governing body 2 41 affirming the denial, revocation, or fee imposition 2 42 must be in writing and supported by written findings 2 43 establishing the reasonableness of the decision. 2 44 2. Upon affirmation by the governing body of the 2 45 denial, revocation, or fee imposition, the public 2 46 utility may do either of the following: 2 47 a. With the consent of the governing body, have 2 48 the matter finally resolved by binding arbitration. 2 49 Binding arbitration must be before an arbitrator 2 50 agreed to by both the local government and the public 3 1 utility. If the parties are unable to agree on an 3 2 arbitrator, the matter shall be resolved by a three- 3 3 person arbitration panel made up of one arbitrator 3 4 selected by the local government, one arbitrator 3 5 selected by the public utility, and one arbitrator 3 6 selected by the other two arbitrators. The cost and 3 7 expense of a single arbitrator shall be borne equally 3 8 by the local government and the public utility. If a 3 9 three-person arbitration panel is selected, each party 3 10 shall bear the expense of its own arbitrator and the 3 11 parties shall jointly and equally bear the cost and 3 12 expense of the third arbitrator, and of the 3 13 arbitration. Each party to the arbitration shall pay 3 14 its own costs, disbursements, and attorney fees. 3 15 b. Bring an action in district court to review a 3 16 decision of the governing body made under this 3 17 section. 3 18 Sec. 8. NEW SECTION. 480A.6 FRANCHISE ORDINANCE 3 19 NOT SUPERSEDED. 3 20 This chapter does not modify or supersede the 3 21 rights and obligations of a local government and the 3 22 public utility established by the terms of any 3 23 existing or future franchise granted, approved, and 3 24 accepted pursuant to section 364.2, subsection 4. A 3 25 city which collects a city franchise fee pursuant to 3 26 section 364.2, subsection 4, under an existing or 3 27 future franchise, shall not also collect a fee under 3 28 section 480A.3. 3 29 Sec. 9. EFFECTIVE DATE. This Act applies 3 30 retroactively to January 1, 1998, and supersedes the 3 31 provisions of any ordinances contrary to this Act in 3 32 effect on or after that date." 3 33 3 34 3 35 3 36 NEAL SCHUERER 3 37 3 38 3 39 3 40 STEVE KING 3 41 3 42 3 43 3 44 MICHAEL E. GRONSTAL 3 45 SF 2368.201 77 3 46 mj/jl/28
Text: S05198 Text: S05200 Text: S05100 - S05199 Text: S Index Bills and Amendments: General Index Bill History: General Index
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