S-3319

   Amend Senate File 431, as amended, passed, and reprinted by the Senate, as follows:
   1.  Page 1, line 21, by striking <traffic control> and inserting <the vertical portion of support structures for traffic control signals or devices>
   2.  Page 1, after line 24 by inserting: 
   <NEW SUBSECTION.  9A.  “Micro wireless facility” means a small wireless facility with dimensions no larger than twenty-four inches in length, fifteen inches in width, and twelve inches in height and that has an exterior antenna, if any, that is no more than eleven inches in length.>
   3.  Page 2, by striking line 7 and inserting: 
   <b.  “Small wireless facility” includes a micro wireless facility as defined in subsection 9A.
   c.  “Small wireless facility” does not include any structure>
   4.  Page 2, line 12, after <network> by inserting <, except that “wireless facility” does not include coaxial or fiberoptic cable that is not immediately adjacent to, or directly associated with, a particular antenna>
   5.  Page 3, line 23, after <section.> by inserting <An authority may reasonably limit the number of new utility poles or wireless support structures, consistent with the protection of public health, safety, and welfare, and provided that such limitation does not have the effect of prohibiting or significantly impairing a wireless service provider’s ability to provide wireless service within the area of a proposed new structure.>
   6.  Page 3, line 30, after <a.> by inserting <(1)>
   7.  Page 4, after line 10 by inserting: 
   <(2)  (a)  Except as provided in subparagraph divisions (b) and (c), an authority shall not impose any fee or require any application or permit for the installation, placement, operation, maintenance, or replacement of a micro wireless facility that is suspended on operator-owned cables or lines that are strung between existing utility poles in compliance with national safety codes.
   (b)  An authority that has adopted a municipal or county code which requires an application or permit for the installation, placement, operation, maintenance, or replacement of a micro wireless facility may continue the application or permit requirement subsequent to the effective date of this Act.
   (c)  (i)  An authority may require a single-use right-of-way permit for the installation, placement, operation, maintenance, or replacement of a micro wireless facility if any of the following conditions apply:
   (A)  The work is contained within a highway lane or requires the closure of a highway lane.
   (B)  The work disturbs the pavement, shoulder, ditch, or operation of a highway.
   (C)  The work involves placement of a micro wireless facility on a limited access right-of-way.
   (D)  The work requires any specific precautions to ensure the safety of the traveling public or the protection or operation of public infrastructure and such work was not authorized in, or will not be conducted in, the same time, place, or manner that is consistent with the approved terms of the existing permit for the facility or structure upon which the micro wireless facility is attached.
   (ii)  For purposes of this subparagraph division, “highway” means the same as defined in section 325A.1.>
   8.  Page 4, line 24, after <code> by inserting <, the national electrical safety code, applicable fire safety codes, and any building code or similar code of general applicability for the protection of the public health, safety, or welfare that was adopted by an authority prior to the filing of the application>
   9.  Page 4, after line 29 by inserting: 
   <(5)  Require that after the construction of a small wireless facility or new utility pole is completed in accordance with all conditions under which the permit is granted, which conditions shall be consistent with this section, the owner of the small wireless facility or new utility pole, or the owner’s successor in interest, shall maintain the small wireless facility or new utility pole at the expense of the owner or successor and if the authority subsequently undertakes any maintenance, public improvement project, or reconstruction of authority property or equipment which requires the modification, relocation, or reconstruction of the small wireless facility or new utility pole, such work and the costs thereof shall be the responsibility of the owner or successor. If the project necessitating the modification, relocation, or reconstruction of the small wireless facility or new utility pole is for a private commercial purpose, the authority may require the owner or successor to modify, relocate, or reconstruct the small wireless facility or new utility pole upon prepayment of the costs of such work by the private commercial entity whose project facilitates the need for such work. For purposes of this subparagraph, “new utility pole” means a new utility pole installed by a wireless service provider pursuant to this section solely for use as a wireless support structure and that is owned by the wireless service provider.>
   10.  Page 5, line 21, by striking <sixty> and inserting <ninety>
   11.  Page 5, line 24, by striking <sixty> and inserting <ninety>
   12.  Page 5, line 31, after <radius> by inserting <consisting of substantially similar equipment to be placed on substantially similar types of wireless support structures or utility poles>
   13.  Page 6, line 6, by striking <may, upon request, obtain> and inserting <may notify an applicant submitting any additional siting applications during that seven-day period that the authority is invoking its right to>
   14.  Page 6, by striking lines 14 through 16 and inserting: 
   <(ii)  The application does not comply with the Iowa electrical safety code, the national electrical safety code, applicable fire safety codes, or any building code or similar code of general applicability for the protection of the public health, safety, or welfare that was adopted by an authority prior to the filing of the application.>
   15.  Page 6, by striking lines 19 through 35 and inserting: 
   <(iv)  (A)  A licensed engineer selected by the applicant or the authority certifies that siting the small wireless facility as proposed would compromise the structural safety of, or preclude the essential purpose of, the utility pole or wireless support structure in the public right-of-way on which it is proposed to be sited and any of the following conditions apply:
   (I)  The applicant fails to redesign the small wireless facility in a manner determined necessary by the engineer to make the existing utility pole or wireless support structure structurally sound for the siting of the small wireless facility.
   (II)  The applicant fails to modify the utility pole or wireless support structure to make the structure structurally sound for the siting of the small wireless facility.
   (III)  The applicant fails to replace the utility pole or wireless support structure with a utility pole or wireless support structure that is structurally sound for the siting of the small wireless facility.
   (IV)  The applicant fails to propose an alternative location for the siting of the small wireless facility.
   (B)  If an applicant chooses to modify or replace a utility pole or wireless support structure to make the structure structurally sound for the siting of a small wireless facility, the applicant shall pay or advance to the authority the costs of modifying or replacing the utility pole or wireless support structure with a utility pole or wireless support structure that would safely support the small wireless facility and preserve the essential purpose of the utility pole or wireless support structure.
   (v)  The application seeks approval of a new small wireless facility, utility pole, or wireless support structure that would impair, interfere with, or preclude the safe and effective use of facilities already located in the public right-of-way for pedestrian, vehicular, utility, or other authority public right-of-way purposes.
   (vi)  The application seeks approval for the siting of a small wireless facility outside the public right-of-way that would impair, interfere with, or preclude the safe and effective use of an authority structure or property for a public purpose.
   (vii)  The application seeks approval for the siting of a small wireless facility on a wireless support structure used exclusively for emergency communications equipment.
   (viii)  The application seeks approval for the siting of a small wireless facility on a utility pole that is the vertical portion of a support structure for a traffic control signal or device, and the authority determines that the utility pole lacks sufficient space or load capacity for the proposed siting or the small wireless facility cannot be sited on the utility pole without impairing the public health, safety, or welfare.>
   16.  Page 7, by striking lines 15 and 16 and inserting: 
   <(4)  An authority shall not limit the duration of a permit issued for the siting of a small wireless facility in a public right-of-way pursuant to this subsection, and shall not limit the duration of a permit issued for the siting of a small wireless facility on an authority structure located outside of a public right-of-way to any period less than ten years, with one automatic five-year renewal, provided, however, that the owner of the small wireless facility may terminate the permit upon providing ninety days’ notice to the authority. The>
   17.  Page 8, line 12, by striking <least of any> and inserting <lesser>
   18.  Page 8, by striking lines 18 through 20.
   19.  Page 10, line 14, after <opportunity> by inserting <, given the nature of the emergency,>
   20.  Page 10, line 18, after <manner,> by inserting <as determined by the authority or public utility given the nature of the emergency,>
   21.  Page 11, line 34, after <areas> by inserting <designated as an underground district pursuant to a resolution or ordinance adopted by an authority prior to the date the application is filed or in areas>