Senate File 431 S-3220 Amend Senate File 431 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 8C.2, subsections 3 and 14, Code 2017, 4 are amended to read as follows: 5 3. “Authority” , used as a noun, means a state, county, 6 or city governing body, board, agency, office, or commission 7 authorized by law to make legislative, quasi-judicial, 8 or administrative decisions relative to an application. 9 “Authority” does not include state any of the following: 10 a. State courts having jurisdiction over land use, planning, 11 or zoning decisions made by an authority , the . 12 b. The utilities division of the department of commerce , or . 13 c. Any entities , including municipally owned utilities 14 established under or governed by Title IX, subtitle 4 of 15 the Code, that do not have zoning or permitting authority 16 jurisdiction . 17 14. “Utility pole” means a pole or similar structure owned 18 or operated utilized in whole or in part by a public utility, 19 municipality, wireless service provider, or electric utility 20 that is designed specifically for and used to carry lines, 21 cable, transmission equipment, or wires for telephone, wireless 22 service, cable television, or electricity service , or to 23 provide for lighting , traffic control, signage, information 24 kiosks, or other similar functions . 25 Sec. 2. Section 8C.2, Code 2017, is amended by adding the 26 following new subsections: 27 NEW SUBSECTION . 10A. a. “Small wireless facility” means a 28 wireless facility that meets the following requirements: 29 (1) Each antenna is no more than six cubic feet in volume. 30 (2) (a) All other equipment associated with the small 31 wireless facility is cumulatively no more than twenty-eight 32 cubic feet in volume. 33 (b) For purposes of this subparagraph, volume shall be 34 measured by the external displacement of the primary equipment 35 -1- SF431.1660 (3) 87 gh/rn 1/ 12 #1.

enclosure, not the internal volume of such enclosure. An 1 associated electric meter, concealment, telecommunications 2 demarcation box, ground-based enclosures, battery backup power 3 systems, grounding equipment, power transfer switch, cutoff 4 switch, cable, conduit, and any equipment that is concealed 5 from public view within or behind an existing structure or 6 concealment may be located outside of the primary equipment 7 enclosure and shall not be included in the calculation of the 8 equipment volume. 9 b. “Small wireless facility” does not include any structure 10 that supports or houses equipment described in this subsection. 11 NEW SUBSECTION . 14A. “Wireless facility” means equipment 12 at a fixed location that enables the transmission of wireless 13 communications or information of any kind between user 14 equipment and a communications network. 15 NEW SUBSECTION . 14B. “Wireless service” means any fixed or 16 mobile service using licensed or unlicensed wireless spectrum 17 and provided using a wireless facility. 18 NEW SUBSECTION . 14C. “Wireless service provider” means a 19 provider of wireless service. 20 Sec. 3. NEW SECTION . 8C.7A Uniform rules for small wireless 21 facilities —— permit approval. 22 1. a. Except as provided in this section, an authority 23 shall not prohibit or restrict the siting of a small wireless 24 facility. 25 b. For purposes of this section, “siting” means the 26 mounting, installation, maintenance, modification, operation, 27 or replacement of a small wireless facility on or adjacent to 28 any of the following: 29 (1) An existing tower, utility pole, wireless support 30 structure, or other existing structure. 31 (2) A new utility pole of a similar height and appearance 32 as an existing utility pole and which is located within a 33 five-hundred-foot radius of the existing utility pole. 34 (3) A replacement utility pole of a similar height and 35 -2- SF431.1660 (3) 87 gh/rn 2/ 12

appearance as an existing utility pole and which is located 1 within a five-hundred-foot radius of the existing utility pole. 2 2. a. An authority that has adopted planning and zoning 3 regulations shall authorize the siting of a small wireless 4 facility within its jurisdiction and shall not require a person 5 to obtain a special or conditional land use permit for any of 6 the following: 7 (1) For siting the small wireless facility in a public 8 right-of-way or on an authority structure located outside of 9 a public right-of-way to the extent that such structure is 10 already in use as a wireless support structure or for other 11 communications or utility purposes that involve external 12 attachments, provided that such structure is not listed on the 13 national register of historic places. 14 (2) For siting the small wireless facility on an existing 15 tower, utility pole, or wireless support structure, regardless 16 of the location, except for on property zoned and used 17 exclusively for single-family residential use or within a 18 previously designated area of historical significance pursuant 19 to section 303.34. 20 b. A small wireless facility may be classified as a special 21 or conditional land use where such small wireless facility is 22 not sited in a manner as provided in paragraph “a” . 23 c. A person may install a new utility pole or wireless 24 support structure in a public right-of-way subject to the 25 provisions of this section. However, an authority may require 26 a person to obtain a special or conditional land use permit to 27 install a new utility pole or wireless support structure for 28 the siting of a small wireless facility on property zoned and 29 used exclusively for single-family residential use or within a 30 previously designated area of historical significance pursuant 31 to section 303.34. 32 3. a. An authority may require a person to obtain a 33 building, electrical, or public right-of-way use permit for the 34 siting of a small wireless facility to the extent that such 35 -3- SF431.1660 (3) 87 gh/rn 3/ 12

permit is of general applicability and does not deny access 1 to site the small wireless facility in a public right-of-way. 2 Notwithstanding this paragraph, an authority shall not require 3 a person to obtain a permit for the routine maintenance of a 4 previously approved small wireless facility or the replacement 5 of a previously approved small wireless facility with a 6 facility of substantially similar height, weight, and wind 7 and structural loading, provided, however, that an authority 8 may require a person to obtain a permit to work in a public 9 right-of-way or on an authority structure located outside 10 of a public right-of-way with the same terms and conditions 11 provided for other commercial projects or uses in the public 12 right-of-way or on the authority structure. 13 b. An authority shall not require a person to apply for 14 or enter into an individual license, franchise, or other 15 agreement with the authority or any other entity for the siting 16 of a small wireless facility on a utility pole located in a 17 public right-of-way. However, an authority may, through the 18 conditions set forth in a building permit obtained pursuant to 19 this subsection, do any of the following: 20 (1) Establish nondiscriminatory, competitively neutral and 21 commercially reasonable rates, terms, and conditions for such 22 siting, which rates, terms, and conditions shall comply with 23 the federal pole attachment requirements provided in 47 U.S.C. 24 §224 and any regulations promulgated thereunder. 25 (2) Require compliance with the Iowa electrical safety 26 code. 27 (3) Require that a small wireless facility reasonably match 28 the aesthetics of an existing utility pole or wireless support 29 structure that incorporates decorative elements. 30 (4) Require compliance with section 306.46, subsection 1, 31 and section 306.47. 32 c. Beginning with applications filed on or after September 33 1, 2017, an authority shall accept an application for, process, 34 and issue a permit under this subsection as follows: 35 -4- SF431.1660 (3) 87 gh/rn 4/ 12

(1) An applicant shall not be required to provide more 1 information or pay a higher application fee, consulting fee, 2 or other fee associated with the processing or issuance of a 3 permit than the amount charged to a telecommunications service 4 provider that is not a wireless service provider. The total 5 amount of fees for processing or issuing a permit, including 6 any fees charged by third parties, shall not exceed five 7 hundred dollars for an application addressing no more than five 8 small wireless facilities, and an additional fifty dollars 9 for each small wireless facility addressed in an application 10 in excess of five small wireless facilities. An applicant 11 shall not be required to pay any additional fees or perform any 12 services relating to the acceptance, processing, or issuance 13 of a permit, nor provide any services unrelated to the siting 14 of the small wireless facility or of a new, replacement, or 15 modified utility pole on which a small wireless facility is 16 sited. For purposes of this subparagraph, engineering and 17 structural review are deemed to be related to the permitting 18 of a small wireless facility. The total amount of fees shall 19 be adjusted every five years to reflect any increases or 20 decreases in the consumer price index, rounded to the nearest 21 five dollars. 22 (2) An authority shall approve or deny a permit application 23 within sixty days following the submission of a completed 24 application. Except as provided herein, an application shall 25 be deemed approved if the authority fails to approve or deny 26 the application within sixty days following the submission of a 27 completed application. This period of time for the processing 28 of an application may be extended upon mutual written agreement 29 between the authority and the applicant. An applicant may 30 address up to twenty-five small wireless facilities in a single 31 application, provided, however, that a single application may 32 only address small wireless facilities within a single two-mile 33 radius. In rendering a decision on an application addressing 34 more than one small wireless facility, an authority may 35 -5- SF431.1660 (3) 87 gh/rn 5/ 12

approve the application as to certain individual small wireless 1 facilities while denying it as to others. An authority’s 2 denial of an individual small wireless facility or subset of 3 small wireless facilities within an application is not a basis 4 to deny the application as a whole. If an authority receives 5 applications for the approval of more than seventy-five small 6 wireless facilities within a single seven-day period, whether 7 from a single applicant or from multiple applicants, the 8 authority may, upon request, obtain an automatic thirty-day 9 extension for any additional siting application submitted 10 during that seven-day period. 11 (3) (a) An authority may only deny a completed application 12 if any of the following apply: 13 (i) The application fails to include reasonable information 14 required by the authority and in accordance with this 15 subsection. 16 (ii) The application does not meet applicable building 17 or electrical codes or standards, provided such codes and 18 standards are of general applicability. 19 (iii) The application would result in the authority being 20 noncompliant with the federal Americans With Disabilities Act. 21 (iv) A licensed engineer certifies that siting the small 22 wireless facility would compromise the structural safety of, or 23 preclude the essential purpose of, the utility pole or wireless 24 support structure on which it is proposed to be sited and the 25 applicant refuses to reimburse the authority for the costs of 26 modifying or replacing the utility pole or wireless support 27 structure with a utility pole or wireless support structure 28 that would safely support the small wireless facility and 29 preserve the essential purpose of the utility pole or wireless 30 support structure. 31 (v) The application seeks approval of a new utility pole 32 or wireless support structure that would preclude the safe 33 and effective use of facilities already located in a public 34 right-of-way. 35 -6- SF431.1660 (3) 87 gh/rn 6/ 12

(vi) The application seeks approval for the siting of a 1 small wireless facility on a wireless support structure used 2 exclusively for emergency communications equipment. 3 (b) An authority denying an application shall document the 4 basis for the denial, including the specific code provisions 5 or standards on which the denial is based, and provide the 6 applicant with such documentation on or before the date the 7 application is denied. 8 (c) An applicant whose application is denied shall have 9 an opportunity to cure any deficiencies identified by the 10 authority as the basis for the denial and to submit a revised 11 application within thirty days following the date of denial 12 without paying an additional fee. The authority shall approve 13 or deny a revised application within thirty days following 14 submission. The authority shall not identify any deficiencies 15 in a second or subsequent denial that were not identified in 16 the original denial. 17 (4) An authority shall not limit the duration of a permit 18 issued under this subsection, provided, however, that the 19 construction of a small wireless facility permitted pursuant 20 to this subsection shall commence no later than two years 21 following the date that the permit is issued, or two years 22 after any appeals are exhausted. 23 (5) An authority shall not impose a moratorium on the 24 processing or issuance of permits under this subsection. 25 (6) An authority shall process and issue permits on a 26 nondiscriminatory basis. An authority shall receive an 27 application for, process, and issue a permit for the siting of 28 a small wireless facility in a manner substantially comparable 29 to the permitting of other applicants within the jurisdiction 30 of the authority, and may not impose discriminatory licensing 31 standards for persons siting small wireless facilities. 32 4. The annual recurring rate charged by an authority 33 for the siting of a small wireless facility on an authority 34 utility pole shall not exceed the rate computed by the 35 -7- SF431.1660 (3) 87 gh/rn 7/ 12

federal communications commission for telecommunications pole 1 attachments in 47 C.F.R. §1.1409(e)(2). 2 5. a. An authority shall authorize the siting of a small 3 wireless facility on an authority structure located outside 4 of a public right-of-way to the same extent the authority 5 authorizes access to such structures for other communication 6 or utility purposes that involve external attachments, and may 7 authorize the siting even if the authority has not previously 8 permitted such access. 9 b. A siting authorized under this subsection shall be 10 subject to reasonable rates, terms, and conditions as provided 11 in one or more agreements between the authority and the 12 wireless service provider. Notwithstanding chapter 480A, 13 the annual recurring rate for such siting as charged by an 14 authority shall not exceed the least of any of the following: 15 (1) The amount charged for a similar commercial project or 16 use to occupy a similar area of space on similarly situated 17 property. 18 (2) The projected cost to the authority resulting from the 19 siting. 20 (3) One hundred dollars, adjusted every five years to 21 reflect any increases or decreases in the consumer price index, 22 rounded to the nearest five dollars. 23 6. A party aggrieved by the final action of an authority, 24 either by its affirmative action on a permit, term or 25 condition, or rate under the provisions of this section or by 26 its inaction, may bring an action for review in any court of 27 competent jurisdiction, except that if the final action of the 28 authority was the denial of a conditional or special use permit 29 pursuant to this section, the party must first seek review 30 under section 335.13 or 414.10, as applicable. 31 7. This section only addresses an authority’s approval of 32 zoning and building permits and the rates for the use of public 33 rights-of way and authority structures. This section shall not 34 modify the rights and obligations of a nonauthority owner of a 35 -8- SF431.1660 (3) 87 gh/rn 8/ 12

utility pole or a municipal utility that owns a utility pole, 1 under 47 C.F.R. §1.1401 et seq., and the Iowa electrical safety 2 code. 3 Sec. 4. NEW SECTION . 8C.7B Small wireless facilities —— 4 violation and removal. 5 1. A public utility that owns or controls a utility pole on 6 which a small wireless facility is sited in alleged violation 7 of this chapter or the Iowa electrical safety code shall 8 notify the owner of the small wireless facility of the alleged 9 violation, in writing or by any other method agreed upon by the 10 parties in writing. The notice shall include the following 11 information: 12 a. The address and location where the alleged violation 13 occurred. 14 b. A description of the alleged violation. 15 c. Suggested corrective action. 16 2. Upon the receipt of notice of an alleged violation, the 17 recipient of such notice shall respond to the public utility 18 within sixty days in writing or by any other method agreed upon 19 by the parties in writing. The response shall include the 20 following information: 21 a. A statement disclosing whether or not the recipient 22 of the notice is the owner of the small wireless facility at 23 issue. 24 b. A statement disclosing that the owner disputes that the 25 alleged violation has occurred, if applicable. 26 c. A plan for corrective action if the owner does not 27 dispute that the violation has occurred. 28 d. A statement disclosing whether the violation has been 29 corrected, if the owner does not dispute that the violation has 30 occurred. 31 3. The owner of a small wireless facility in alleged 32 violation of this chapter or the Iowa electrical safety 33 code shall correct the alleged violation within one hundred 34 eighty days after receiving notice of the violation unless, 35 -9- SF431.1660 (3) 87 gh/rn 9/ 12

for good cause shown, a delay for taking corrective action 1 is appropriate or if the parties otherwise agree in writing 2 to extend the time required to take corrective action. Good 3 cause for a delay in corrective action shall include but is 4 not limited to a dispute over whether the recipient of the 5 notice is the owner of the small wireless facility at issue, a 6 dispute over whether the alleged violation has occurred, or if 7 taking corrective action within the required time frame is not 8 possible due to circumstances which are beyond the control of 9 the owner of the small wireless facility. The public utility 10 and owner of the small wireless facility shall cooperate in 11 determining an efficient and cost-effective solution to correct 12 an alleged violation. 13 4. a. Notwithstanding subsections 1 through 3, in the event 14 of an emergency, an authority or public utility shall contact 15 the owner of the small wireless facility at issue and provide 16 the owner with a reasonable opportunity to alleviate such 17 emergency or participate with the authority or public utility 18 to make any repairs necessary to alleviate such emergency. If 19 the owner of the small wireless facility does not respond in a 20 timely manner, the authority or public utility may remove or 21 make alterations to the small wireless facility as necessary 22 to ensure public safety. 23 b. For purposes of this subsection, “emergency” means 24 exigent and extraordinary circumstances under which the 25 physical or electrical failure of a utility pole, wireless 26 support structure, or small wireless facility threatens 27 imminent physical harm to persons or there is a substantial 28 likelihood of imminent and significant harm to property. 29 5. If the parties cannot resolve a dispute after following 30 the procedures provided in this section, any party may file an 31 action concerning an alleged violation under this section in 32 the district court for the county in which the violation is 33 alleged to have occurred, for any appropriate remedy, including 34 the removal of a small wireless facility deemed by the court to 35 -10- SF431.1660 (3) 87 gh/rn 10/ 12

be in violation of this chapter or the Iowa electrical safety 1 code. However, this section shall not preclude a party from 2 bringing an action pursuant to the Iowa electrical safety code 3 or 47 C.F.R. §1.1401 et seq., or the application of a dispute 4 resolution process set forth in an applicable pole attachment 5 agreement between the parties. 6 6. Nothing in this section shall be deemed to limit the 7 ability of a public utility and the owner of a small wireless 8 facility to voluntarily enter into a pole attachment agreement 9 that establishes different terms for the siting of a small 10 wireless facility or the resolution of a dispute regarding such 11 a facility. 12 Sec. 5. NEW SECTION . 8C.7C Height limitations. 13 1. A new, replacement, or modified utility pole or wireless 14 support structure installed in a public right-of-way located 15 within the city limits of an incorporated city for the purpose 16 of siting a wireless facility, including a small wireless 17 facility under the provisions of this chapter shall not exceed 18 the greater of ten feet in height above the tallest utility 19 pole existing on or before July 1, 2017, located within five 20 hundred feet of the new, replacement, or modified utility pole 21 in the same public right-of-way, or forty feet in height above 22 ground level. Except as provided in section 8C.7A, subsection 23 2, paragraph “c” , an authority shall not require a special or 24 conditional use permit for the installation of a utility pole 25 or wireless support structure that complies with the height 26 limitations of this subsection. 27 2. Notwithstanding subsection 1, a person may construct, 28 modify, or maintain a utility pole or wireless support 29 structure along, across, and under a public right-of-way 30 in excess of the size limits provided in subsection 1, to 31 the extent permitted by the authority’s applicable zoning 32 regulations. 33 3. A person shall comply with nondiscriminatory 34 undergrounding requirements that prohibit wireless service 35 -11- SF431.1660 (3) 87 gh/rn 11/ 12

providers from installing structures in a public right-of-way 1 without prior zoning approval in areas zoned and used for 2 single-family residential use, provided that such requirements 3 shall not prohibit the replacement of existing structures. 4 4. Nothing in this section shall be deemed to limit the 5 ability of a public utility to install a utility pole for the 6 purposes of electric utility transmission or distribution 7 within a public right-of-way subject to an authority’s planning 8 and zoning regulations. 9 Sec. 6. Section 8C.9, Code 2017, is amended to read as 10 follows: 11 8C.9 Repeal. 12 This chapter is repealed July 1, 2020 2022 . > 13 ______________________________ DAN ZUMBACH -12- SF431.1660 (3) 87 gh/rn 12/ 12