Senate Study Bill 3021

                                       SENATE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            COMMERCE BILL BY
                                            CHAIRPERSON BEHN)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act regarding public utility rights=of=way and providing an
  2    effective date.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5548SC 80
  5 kk/sh/8

PAG LIN

  1  1    Section 1.  NEW SECTION.  476.28  PUBLIC UTILITY FACILITIES
  1  2 == PUBLIC ROAD RIGHTS=OF=WAY.
  1  3    1.  A public utility may construct, operate, repair, or
  1  4 maintain its utility facilities within a public road right=of=
  1  5 way, subject to rules adopted by the state department of
  1  6 transportation.  New utility facilities shall comply with
  1  7 section 319.5.  A utility facility shall not be constructed or
  1  8 installed in a manner that causes interference with public use
  1  9 of the road.
  1 10    2.  For purposes of this section, "public utility" means a
  1 11 public utility as defined in section 476.1, and shall also
  1 12 include waterworks, municipally owned waterworks, joint water
  1 13 utilities, rural water districts incorporated under chapter
  1 14 357A or 504A, and cooperative water associations.  For the
  1 15 purposes of this section, "utility facilities" means any
  1 16 cables, conduits, wire, pipe, casing pipe, supporting poles,
  1 17 guys, and other material and equipment utilized for the
  1 18 furnishing of electric, gas, communications, water, or sewer
  1 19 service.
  1 20    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of
  1 21 immediate importance, takes effect upon enactment.
  1 22                           EXPLANATION
  1 23    This bill permits public utilities to construct and
  1 24 maintain utility facilities such as cable, pipes, and poles,
  1 25 within public road rights=of=way.  The location of new utility
  1 26 facilities must be approved pursuant to Code section 319.5 and
  1 27 cannot cause interference with use of the road by the public.
  1 28 The term "public utility" is broadened to include waterworks,
  1 29 joint water utilities, rural water districts, and cooperative
  1 30 water associations.
  1 31 LSB 5548SC 80
  1 32 kk/sh/8
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