Text: SF02367 Text: SF02369 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 2368 1 2 1 3 AN ACT 1 4 RELATING TO THE MANAGEMENT OF PUBLIC RIGHTS-OF-WAY BY 1 5 LOCAL GOVERNMENT UNITS, ELIMINATING THE POWER OF CITIES 1 6 TO GRANT FRANCHISES TO ERECT, MAINTAIN, AND OPERATE 1 7 PLANTS AND SYSTEMS FOR TELECOMMUNICATIONS SERVICES WITHIN 1 8 THE CITY, AND PROVIDING AN EFFECTIVE DATE. 1 9 1 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 11 1 12 Section 1. Section 364.2, subsection 4, paragraph a, Code 1 13 1997, is amended to read as follows: 1 14 a. A city may grant to any person a franchise to erect, 1 15 maintain, and operate plants and systems for electric light 1 16 and power, heating,telephone,telegraph, cable television, 1 17 district telegraph and alarm, motor bus, trolley bus, street 1 18 railway or other public transit, waterworks, or gasworks, 1 19 within the city for a term of not more than twenty-five years. 1 20 The franchise may be granted, amended, extended, or renewed 1 21 only by an ordinance, but no exclusive franchise shall be 1 22 granted, amended, extended, or renewed. 1 23 Sec. 2. Section 476.6, Code 1997, is amended by adding the 1 24 following new subsection: 1 25 NEW SUBSECTION. 22. A public utility which is assessed 1 26 management costs by a local government pursuant to chapter 1 27 480A is entitled to recover those costs. If the public 1 28 utility serves customers within the boundaries of the local 1 29 government imposing the management costs, such costs shall be 1 30 recovered exclusively from those customers. 1 31 Sec. 3. NEW SECTION. 480A.1 PURPOSE. 1 32 The general assembly finds that it is in the public 1 33 interest to define the right of local governments to charge 1 34 public utilities for the location and operation of public 1 35 utility facilities in local government rights-of-way. 2 1 Sec. 4. NEW SECTION. 480A.2 DEFINITIONS. 2 2 As used in this chapter, unless the context otherwise 2 3 requires: 2 4 1. "Local government" means a county, city, township, 2 5 school district, or any special-purpose district or authority. 2 6 2. "Management costs" means the reasonable costs a local 2 7 government actually incurs in managing public rights-of-way. 2 8 3. "Public right-of-way" means the area on, below, or 2 9 above a public roadway, highway, street, bridge, cartway, 2 10 bicycle lane, or public sidewalk in which the local government 2 11 has an interest, including other dedicated rights-of-way for 2 12 travel purposes and utility easements. A public right-of-way 2 13 does not include the airwaves above a public right-of-way with 2 14 regard to cellular or other nonwire telecommunications or 2 15 broadcasts service or utility poles owned by a local 2 16 government or a municipal utility. 2 17 4. "Public utility" means a person owning or operating a 2 18 facility used for furnishing natural gas by piped distribution 2 19 system, electricity, communications services not including 2 20 cable television systems, or water by piped distribution 2 21 system, to the public for compensation. 2 22 Sec. 5. NEW SECTION. 480A.3 FEES. 2 23 A local government shall not recover any fee from a public 2 24 utility for the use of its right-of-way, other than a fee for 2 25 its management costs. A local government may recover from a 2 26 public utility only those management costs caused by the 2 27 public utility's activity in the public right-of-way. A fee 2 28 or other obligation under this section shall be imposed on a 2 29 competitively neutral basis. When a local government's 2 30 management costs cannot be attributed to only one entity, 2 31 those costs shall be allocated among all users of the public 2 32 rights-of-way, including the local government itself. The 2 33 allocation shall reflect proportionately the costs incurred by 2 34 the local government as a result of the various types of uses 2 35 of the public rights-of-way. 3 1 This section does not prohibit the collection of a 3 2 franchise fee as permitted in section 480A.6. 3 3 Sec. 6. NEW SECTION. 480A.4 IN-KIND SERVICES. 3 4 A local government, in lieu of a fee imposed under this 3 5 chapter, shall not require in-kind services by a public 3 6 utility right-of-way user, or require in-kind services as a 3 7 condition of the use of the local government's public right- 3 8 of-way. 3 9 Sec. 7. NEW SECTION. 480A.5 ARBITRATION. 3 10 1. A public utility that is denied registration, denied a 3 11 right-of-way permit, that has its right-of-way permit revoked, 3 12 or that believes that the fees imposed on such user by the 3 13 local government do not conform to the requirements of this 3 14 chapter may request in writing that such denial, revocation, 3 15 or fee imposition be reviewed by the governing body of the 3 16 local government. The governing body of the local government 3 17 shall act within sixty days on a timely written request. A 3 18 decision by the governing body affirming the denial, 3 19 revocation, or fee imposition must be in writing and supported 3 20 by written findings establishing the reasonableness of the 3 21 decision. 3 22 2. Upon affirmation by the governing body of the denial, 3 23 revocation, or fee imposition, the public utility may do 3 24 either of the following: 3 25 a. With the consent of the governing body, have the matter 3 26 finally resolved by binding arbitration. Binding arbitration 3 27 must be before an arbitrator agreed to by both the local 3 28 government and the public utility. If the parties are unable 3 29 to agree on an arbitrator, the matter shall be resolved by a 3 30 three-person arbitration panel made up of one arbitrator 3 31 selected by the local government, one arbitrator selected by 3 32 the public utility, and one arbitrator selected by the other 3 33 two arbitrators. The cost and expense of a single arbitrator 3 34 shall be borne equally by the local government and the public 3 35 utility. If a three-person arbitration panel is selected, 4 1 each party shall bear the expense of its own arbitrator and 4 2 the parties shall jointly and equally bear the cost and 4 3 expense of the third arbitrator, and of the arbitration. Each 4 4 party to the arbitration shall pay its own costs, 4 5 disbursements, and attorney fees. 4 6 b. Bring an action in district court to review a decision 4 7 of the governing body made under this section. 4 8 Sec. 8. NEW SECTION. 480A.6 FRANCHISE ORDINANCE NOT 4 9 SUPERSEDED. 4 10 This chapter does not modify or supersede the rights and 4 11 obligations of a local government and the public utility 4 12 established by the terms of any existing or future franchise 4 13 granted, approved, and accepted pursuant to section 364.2, 4 14 subsection 4. A city which collects a city franchise fee from 4 15 an entity pursuant to section 364.2, subsection 4, under an 4 16 existing or future franchise, shall not also collect a fee 4 17 from that entity under section 480A.3. 4 18 Sec. 9. EFFECTIVE DATE. This Act applies retroactively to 4 19 January 1, 1998, and supersedes the provisions of any 4 20 ordinances contrary to this Act in effect on or after that 4 21 date. 4 22 4 23 4 24 4 25 MARY E. KRAMER 4 26 President of the Senate 4 27 4 28 4 29 4 30 RON J. CORBETT 4 31 Speaker of the House 4 32 4 33 I hereby certify that this bill originated in the Senate and 4 34 is known as Senate File 2368, Seventy-seventh General Assembly. 4 35 5 1 5 2 5 3 MARY PAT GUNDERSON 5 4 Secretary of the Senate 5 5 Approved , 1998 5 6 5 7 5 8 5 9 TERRY E. BRANSTAD 5 10 Governor
Text: SF02367 Text: SF02369 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
© 1998 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Mon Jun 29 13:40:04 CDT 1998
URL: /DOCS/GA/77GA/Legislation/SF/02300/SF02368/980414.html
jhf