House
File
2213
H-8019
Amend
House
File
2213
as
follows:
1
1.
Page
1,
after
line
4
by
inserting:
2
<
Sec.
___.
NEW
SECTION
.
364.10
Utility
meters
——
equipment
3
used
to
facilitate
telecommunications
service
——
city
authority.
4
Notwithstanding
any
other
provision
of
law
to
the
contrary,
5
an
ordinance,
motion,
resolution,
or
amendment
adopted
by
6
a
city
regarding
the
type
or
location
of
utility
meters
7
or
equipment
used
to
facilitate
telecommunications
service
8
in
relation
to
residential
real
property
shall
govern
the
9
installation
of
such
meters
or
equipment
and
shall
not
be
10
subject
to
preemption
by
any
other
regulatory
authority
or
11
interconnection
agreement.
12
Sec.
___.
NEW
SECTION
.
557.21A
Utility
meters
——
equipment
13
used
to
facilitate
telecommunications
service
——
declaration
of
14
covenants.
15
1.
In
this
section,
unless
the
context
requires
otherwise:
16
a.
“Association”
means
an
Iowa
corporation
responsible
for
17
the
operation
of
a
community
in
which
the
voting
membership
18
is
made
up
of
parcel
owners
or
their
agents,
or
a
combination
19
thereof,
and
in
which
membership
is
a
mandatory
condition
of
20
parcel
ownership,
and
which
is
authorized
to
impose
assessments
21
that,
if
unpaid,
may
become
a
lien
on
the
parcel.
22
b.
“Community”
means
the
real
property
that
is
or
will
be
23
subject
to
a
declaration
of
covenants
that
is
recorded
in
the
24
county
where
the
property
is
located.
25
c.
“Declaration
of
covenants”
means
a
recorded
written
26
instrument
in
the
nature
of
covenants
running
with
the
27
land
subjecting
the
land
comprising
the
community
to
the
28
jurisdiction
and
control
of
an
association
in
which
the
parcel
29
owners,
or
their
association
representatives,
must
be
members.
30
d.
“Member”
means
a
member
of
an
association
and
may
31
include
but
is
not
limited
to
a
parcel
owner
or
an
association
32
representing
parcel
owners
or
a
combination
of
each.
33
e.
“Parcel”
means
a
platted
or
unplatted
lot,
tract,
unit,
34
or
other
subdivision
of
residential
real
property
within
a
35
-1-
HF2213.2934
(1)
88
ja/rn
1/
2
#1.
community,
as
described
in
the
declaration
of
covenants
and
to
1
which
the
following
apply:
2
(1)
Is
capable
of
separate
conveyance.
3
(2)
The
parcel
owner
or
an
association
in
which
the
parcel
4
owner
must
be
a
member
is
obligated
as
follows:
5
(a)
By
the
governing
documents
to
be
a
member
of
an
6
association
that
serves
the
community.
7
(b)
To
pay
to
the
association
assessments
that,
if
not
paid,
8
may
result
in
a
lien.
9
f.
“Parcel
owner”
means
the
record
owner
of
legal
title
to
a
10
parcel.
11
2.
Notwithstanding
any
other
provision
of
law
to
the
12
contrary,
but
subject
to
section
364.10,
the
declaration
of
13
covenants
shall
govern
the
type
or
location
of
utility
meters
14
and
equipment
used
to
facilitate
telecommunications
service
15
installed
on
a
parcel.
>
16
2.
Page
1,
after
line
6
by
inserting:
17
<
Sec.
___.
RETROACTIVE
APPLICABILITY.
The
following
18
apply
retroactively
to
utility
meters
and
equipment
used
to
19
facilitate
telecommunications
service
installed
prior
to
and
on
20
or
after
the
effective
date
of
this
Act:
21
1.
The
section
of
this
Act
enacting
section
364.10.
22
2.
The
section
of
this
Act
enacting
section
557.21A.
>
23
3.
Title
page,
by
striking
lines
1
and
2
and
inserting
24
<
An
Act
relating
to
public
utilities,
including
extending
25
the
repeal
date
of
the
Iowa
cell
siting
Act
and
the
26
regulation
of
utility
meters
and
equipment
used
to
facilitate
27
telecommunications
service,
and
including
effective
date
and
28
retroactive
applicability
provisions.
>
29
4.
By
renumbering
as
necessary.
30
______________________________
SHIPLEY
of
Van
Buren
-2-
HF2213.2934
(1)
88
ja/rn
2/
2
#2.
#3.
#4.