HSB 515 (LSB 5359XL (47) 85)

SENATE/HOUSE FILE _____

BY  (PROPOSED GOVERNOR BILL)

A BILL FOR

An Act relating to and providing for the facilitation of broadband access in unserved or underserved areas of the state, including a property tax exemption for broadband infrastructure, and making appropriations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I

LEGISLATIVE INTENT
    Section 1.  SHORT TITLE.  This Act shall be known and may be cited as the “Connect Every Iowan Act”.
    Sec. 2.  LEGISLATIVE INTENT.  The general assembly finds and declares that increasing the extent and availability of broadband infrastructure throughout the state facilitates the provision of internet access to citizens, businesses, and communities at speeds that promote economic development, employment, enhanced access to goods and services, increased educational and training opportunities, faster access to government services and health care, and improved overall information and community access.

DIVISION II

STREAMLINED RESPONSIBILITY FOR BROADBAND
    Sec. 3.  Section 8B.1, Code 2014, is amended by adding the following new subsections:
   NEW SUBSECTION.  01.  “Broadband” means a high-speed, high-capacity electronic transmission medium that can carry data signals from multiple independent network sources by establishing different bandwidth channels and that is commonly used to deliver internet services to the public.
   NEW SUBSECTION.  001.  “Broadband infrastructure” means the physical infrastructure used for the transmission of data via broadband, including but not limited to any equipment, systems, switches, routers, wire, cable, satellite, conduits, servers, software, technology, base transceiver station sites, or other means of transmission or communication that facilitate download speeds of a minimum of fifty megabits per second and upload speeds of a minimum of fifteen megabits per second. “Broadband infrastructure” does not include land, buildings, structures, improvements, or equipment not directly used in the transmission of data.
   NEW SUBSECTION.  0001.  “Communications service provider” means a service provider that provides broadband service via any broadband infrastructure platform.
    Sec. 4.  Section 8B.1, subsection 1, Code 2014, is amended to read as follows:
   1.  “Information technology” means computing and electronics applications used to process and distribute information in digital and other forms and includes information technology devices, information technology services, infrastructure services, broadband and broadband infrastructure, and value-added services.
    Sec. 5.  Section 8B.1, Code 2014, is amended by adding the following new subsection:
   NEW SUBSECTION.  8A.  “Unserved or underserved communications service area” means one or more United States census bureau census blocks in which no communications service provider offers broadband service with download speeds of greater than fifty megabits per second and upload speeds of greater than fifteen megabits per second to residential customers.
    Sec. 6.  Section 8B.3, subsection 1, Code 2014, is amended to read as follows:
   1.  The office is created for the purpose of leading, directing, managing, coordinating, and providing accountability for the information technology resources of state government and for the expansion of broadband infrastructure to unserved or underserved communications service areas of the state. 
    Sec. 7.  Section 8B.4, Code 2014, is amended by adding the following new subsections:
   NEW SUBSECTION.  14A.  Coordinate and monitor the availability, implementation, and affordability of broadband access across state government and the private sector, including but not limited to consulting with the department of revenue regarding the property tax exemption for broadband infrastructure provided in section 427.1; facilitating public-private partnerships and aligning state agencies, boards, and commissions to the shared vision of increasing the availability of and access to broadband by citizens, businesses, and communities; and collecting data and developing metrics or standards against which the data may be measured and evaluated regarding broadband infrastructure installation and deployment.
   NEW SUBSECTION.  14B.  Coordinate the fiberoptic network conduit installation program established in section 8B.25. 
    Sec. 8.  Section 8B.9, Code 2014, is amended by adding the following new subsection:
   NEW SUBSECTION.  5.  An annual report regarding the status of broadband access across state government and the private sector.
    Sec. 9.  NEW SECTION.  8B.25  Fiberoptic network conduit installation program.
   1.  For the purposes of this section, “fiberoptic network conduit” means a pipe or duct used to enclose fiberoptic cable facilities buried alongside a roadway or surface mounted on a bridge, overpass, or other facility where placement below ground is impossible or impractical.
   2.  The office shall lead and coordinate a program to provide for the installation of fiberoptic network conduit where such conduit does not exist. The chief information officer shall consult and coordinate with the department of administrative services, the department of transportation, the Iowa communications network, and other agencies and entities as determined appropriate to ensure that the opportunity is provided to lay or install fiberoptic network conduit wherever a state-funded construction project involves trenching, boring, a bridge, a roadway, or opening of the ground, or alongside any state-owned infrastructure.
   3.  Contingent upon the provision of funding for such purposes by the general assembly, the office may contract with a third party to manage, lease, install, or otherwise provide fiberoptic network conduit access for projects described in this section. This section shall not prohibit the office from purchasing or installing fiberoptic cable within any fiberoptic network conduit installed pursuant to the program.
    Sec. 10.  NEW SECTION.  8B.26  Broadband permitting process —— expeditious response.

   Notwithstanding any other provision to the contrary, a political subdivision vested with permitting authority shall approve, approve with modification, or disapprove nonwireless broadband-related permits within sixty business days following the submission of a permit application and fee. In the event that no action is taken during the sixty-day period, the application shall be deemed approved.
    Sec. 11.  Section 8D.3, subsection 2, paragraph a, Code 2014, is amended to read as follows:
   a.  The commission is composed of the chief information officer appointed pursuant to section 8B.2 or the chief information officer’s designee and five other members who shall be appointed by the governor and subject to confirmation by the senate. Members Appointed members of the commission shall not serve in any manner or be employed by an authorized user of the network or by an entity seeking to do or doing business with the network.
   (1)  The governor shall appoint a member as the chairperson of the commission from the five members appointed by the governor, subject to confirmation by the senate.
   (2)  Members Appointed members of the commission shall serve six-year staggered terms as designated by the governor and appointments to the commission are subject to the requirements of sections 69.16, 69.16A, and 69.19. Vacancies shall be filled by the governor for the duration of the unexpired term.
   (3)  The salary of the appointed members of the commission shall be twelve thousand dollars per year, except that the salary of the chairperson shall be seventeen thousand dollars per year. Members of the commission shall also be reimbursed for all actual and necessary expenses incurred in the performance of duties as members. The benefits and salary paid to the appointed members of the commission shall be adjusted annually equal to the average of the annual pay adjustments, expense reimbursements, and related benefits provided under collective bargaining agreements negotiated pursuant to chapter 20.
    Sec. 12.  Section 8D.3, subsection 2, paragraph b, Code 2014, is amended to read as follows:
   b.  In addition to the members appointed by the governor, the The auditor of state or the auditor’s designee shall serve as a nonvoting, ex officio member of the commission.
    Sec. 13.  Section 8D.4, Code 2014, is amended to read as follows:
   8D.4  Executive director appointed.

   The commission, in consultation with the director of the department of administrative services and the chief information officer, shall appoint an executive director of the commission, subject to confirmation by the senate. Such individual shall not serve as a member of the commission. The executive director shall serve at the pleasure of the commission. The executive director shall be selected primarily for administrative ability and knowledge in the field, without regard to political affiliation. The governor shall establish the salary of the executive director within range nine as established by the general assembly. The salary and support of the executive director shall be paid from funds deposited in the Iowa communications network fund.
    Sec. 14.  Section 80.28, subsection 2, Code 2014, is amended to read as follows:
   2.  The board shall consist of fifteen sixteen voting members, as follows:
   a.  The following members representing state agencies:
   (1)  One member representing the department of public safety.
   (2)  One member representing the state department of transportation.
   (3)  One member representing the department of homeland security and emergency management.
   (4)  One member representing the department of corrections.
   (5)  One member representing the department of natural resources.
   (6)  One member representing the Iowa department of public health.
   (7)  One member representing the office of the chief information officer.
   b.  The governor shall solicit and consider recommendations from professional or volunteer organizations in appointing the following members:
   (1)  Two members who are representatives from municipal police departments.
   (2)  Two members who are representatives of sheriff’s offices.
   (3)  Two members who are representatives from fire departments. One of the members shall be a volunteer fire fighter and the other member shall be a paid fire fighter.
   (4)  Two members who are law communication center managers employed by state or local government agencies.
   (5)  One at-large member.
    Sec. 15.  BROADBAND COORDINATION AND ANALYSIS —— APPROPRIATION.  There is appropriated from the general fund of the state to the office of chief information officer for the fiscal year beginning July 1, 2014, and ending June 30, 2015, the following amount, or so much thereof as is necessary, for the purposes designated:

   For data collection and analysis regarding the availability, implementation, and affordability of broadband access across state government and the private sector as provided in section 8B.4, as enacted in this Act:

.................................................. $    250,000

   Notwithstanding section 8.33, moneys appropriated in this section which remain unencumbered or unobligated at the end of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated in subsequent fiscal years.

DIVISION III

TAX INCENTIVES
    Sec. 16.  Section 427.1, Code 2014, is amended by adding the following new subsection:
   NEW SUBSECTION.  40.  Broadband infrastructure.  Broadband infrastructure to the extent provided in this subsection. For the purposes of this subsection, “broadband infrastructure” and “unserved or underserved communications service area” mean the same as defined in section 8B.1.
   a.  This exemption shall apply to the new installation of broadband infrastructure completed on or after July 1, 2014, to and including December 31, 2018, in an unserved or underserved communications service area. A person claiming an exemption under this subsection shall certify that no communications service provider offered broadband download speeds of greater than fifty megabits per second and upload speeds of greater than fifteen megabits per second in the unserved or underserved communications service area prior to installation of the broadband infrastructure.
   b.  If the broadband infrastructure is assessed with other property as a unit by the department of revenue pursuant to sections 428.24 to 428.29 or chapter 433, this exemption shall be limited to the value added by the broadband infrastructure determined as of the assessment date and the exemption shall be applied prior to any other exemption applicable to the unit value.
   c.  The director of revenue may adopt rules pursuant to chapter 17A for the interpretation and proper administration of the exemption provided in this subsection.

DIVISION IV

IOWA COMMUNICATIONS NETWORK WHOLESALE ACCESS
    Sec. 17.  Section 8D.3, subsection 3, Code 2014, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  l.  Support establishment of policies that facilitate formation of partnerships with the private sector for the use of the network for the expansion of broadband access.
    Sec. 18.  NEW SECTION.  8D.21  Definitions.

   For the purposes of this subchapter, “broadband infrastructure”, “communications service provider”, and “unserved or underserved communications service area” mean the same as defined in section 8B.1.
    Sec. 19.  NEW SECTION.  8D.22  Wholesale access authorization.
   1.  Access to network —— commission authority.  

Notwithstanding any contrary provisions of this chapter related to access to the network, the commission may enter into a contract to provide access to the network to a person who is not an authorized user as provided in this section. The commission may establish by rule the manner in which a contract entered into pursuant to this section shall be undertaken. All contracts entered into pursuant to this section shall be coordinated with the office of the chief information officer.
   2.  Access requirements —— limitations.  Access to the network pursuant to any contract entered into by the commission pursuant to this section shall be subject to the following:
   a.  Retention of sufficient capacity for existing and future authorized user demands. In determining the capacity to be retained, the commission shall consult with the authorized users associated with the Part III connections, the judicial branch, the judicial district departments of correctional services, other authorized users, and the office of the chief information officer.
   b.  Access shall be provided solely for purposes of the installation and deployment of broadband infrastructure in unserved or underserved communications service areas of the state.
   c.  Access shall be provided for wholesale transactions to communications service providers who are engaged in providing broadband capacity at retail to citizens and businesses in this state. Prior to entering into a contract pursuant to this section, and for an interval of ten business days, a communications service provider shall allow any private wholesale provider that has fiberoptic cable facilities that are closer in proximity to an unserved or underserved communications service area to which the contract would apply than the nearest network end point to make those facilities available at the same or a lower rate than that offered by the network determined pursuant to subsection 3.
   d.  Access shall be provided in a manner that supports communications service providers primarily in providing cost-effective broadband capacity to unserved or underserved communication service areas of the state, and in a manner that minimizes the level of capital investment necessary from those providers while allowing the providers to access new customers and new sources of revenue.
   e.  Access shall not be provided at retail to persons who are not authorized users or otherwise provided network access at retail as of July 1, 2014.
   f.  Access provided shall not be used by a communications service provider to provide services or broadband capacity to persons who are authorized users or otherwise provided network access as of July 1, 2014.
   3.  Wholesale access —— rates.  Rates applicable to a wholesale transaction pursuant to this subchapter shall be determined by rule pursuant to chapter 17A.

DIVISION V

INFORMATION TECHNOLOGY INFRASTRUCTURE FOR EDUCATION
    Sec. 20.  Section 423F.3, subsection 6, Code 2014, is amended to read as follows:
   6.  a.  For purposes of this chapter, “school infrastructure” means those activities authorized in section 423E.1, subsection 3, Code 2007.
   b.  Additionally, “school infrastructure” includes the payment or retirement of outstanding bonds previously issued for school infrastructure purposes as defined in this subsection, and the payment or retirement of bonds issued under sections 423E.5 and 423F.4.
   c.  Additionally, “school infrastructure” includes the acquisition or installation of information technology infrastructure. “Information technology infrastructure” means the basic, underlying physical framework or system necessary to deliver technology connectivity to a school district and to network school buildings within a school district.
   c.  d.  A school district that uses secure an advanced vision for education fund moneys for school infrastructure shall comply with the state building code in the absence of a local building code.

DIVISION VI

UNIFORM CELL SITING
    Sec. 21.  NEW SECTION.  8C.1  Short title.

   This chapter shall be known and may be cited as the “Iowa Cell Siting Act”.
    Sec. 22.  NEW SECTION.  8C.2  Legislative intent.

   The general assembly finds and declares that it is the policy of this state to facilitate the provision of broadband and other advanced wireless communication services across the entirety of the state; and that it is further the policy to promote access to broadband and advanced wireless communication services for all residents, students, government agencies, and businesses to ensure the availability of world-class educational opportunities, economic development, and public safety services throughout the state.
    Sec. 23.  NEW SECTION.  8C.3  Definitions.

   For the purposes of this chapter, unless the context otherwise requires:

   1.  “Accessory equipment” means any equipment serving or being used in conjunction with a wireless facility or wireless support structure, including utility or transmission equipment, power supplies, generators, batteries, cables, equipment, buildings, cabinets, storage sheds, shelters, and similar structures.
   2.  “Antenna” means communications equipment that transmits and receives electromagnetic radio signals used in the provision of all types of wireless communications services.
   3.  “Applicant” means any person engaged in the business of providing wireless communications services or the wireless communications infrastructure required for wireless communications services who submits an application.
   4.  “Application” means a request submitted by an applicant to an authority to construct a new wireless support structure, for the substantial modification of a wireless support structure, or for collocation of wireless facilities on an existing structure.
   5.  “Authority” means a state, county, or municipal governing body, board, agency, office, or commission authorized by law to make legislative, quasi-judicial, or administrative decisions relative to the construction, installation, modification, or siting of wireless facilities or wireless support structures. “Authority” does not include state courts having jurisdiction over land use, planning, or zoning decisions made by an authority.
   6.  “Base station” means a station at a specific site authorized to communicate with mobile stations, generally consisting of radio transceivers, antennas, coaxial cables, power supplies, and other associated electronics.
   7.  “Building permit” means a permit issued by an authority prior to the collocation of wireless facilities on an existing structure, the substantial modification of a wireless support structure, or the commencement of construction of any new wireless support structure, solely to ensure that the work to be performed by the applicant satisfies the applicable building code.
   8.  “Collocation” means the placement or installation of wireless facilities on existing structures, including the placement, replacement, or modification of wireless facilities within a previously approved equipment compound.
   9.  “Electrical transmission tower” means an electrical transmission structure used to support high-voltage overhead power lines. “Electrical transmission tower” does not include utility poles.
   10.  “Equipment compound” means an area surrounding or near the base of a wireless support structure within which is located wireless facilities.
   11.  “Existing structure” means a structure that exists at the time a request for permission to place wireless facilities on a structure is filed with an authority, including any structure that is capable of supporting the attachment of wireless facilities in compliance with applicable building codes, including but not limited to towers, buildings, and water towers, but not including utility poles.
   12.  “Substantial modification” means the mounting of a proposed wireless facility on a wireless support structure which results in one or more of the following:
   a.  Increasing the existing vertical height of the structure by more than ten percent, or the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater.
   b.  Adding an appurtenance to the body of a wireless support structure that protrudes horizontally from the edge of the wireless support structure more than twenty feet, or more than the width of the wireless support structure at the level of the appurtenance, whichever is greater, except where necessary to shelter the antenna from inclement weather or to connect the antenna to the wireless support structure via cable.
   c.  Increasing the square footage of the existing equipment compound by more than two thousand five hundred square feet.
   13.  “Utility pole” means a structure owned or operated by a public utility, municipality, or electric membership or cooperative association that is designed specifically for and used to carry lines, cables, or wires for telephony, cable television, or electricity, or to provide lighting.
   14.  “Water tower” means a water storage tank, or a standpipe or an elevated tank situated on a support structure, originally constructed for use as a reservoir or facility to store or deliver water.
   15.  “Wireless facility” means the set of equipment and network components, exclusive of the underlying wireless support structure, including but not limited to antennas, accessory equipment, transmitters, receivers, base stations, power supplies, cabling, and associated equipment, necessary to provide wireless communications services. 
   16.  “Wireless support structure” means a freestanding structure, such as a monopole or tower, designed to support wireless facilities. “Wireless support structure” does not include utility poles.
    Sec. 24.  NEW SECTION.  8C.4  Uniform rules —— new wireless support structure applications.
   1.  An authority may exercise zoning, land use, planning, and permitting authority within the authority’s territorial boundaries with regard to the siting of a new wireless support structure, subject to the provisions of this chapter and federal law. 
   2.  An applicant that proposes to construct a new wireless support structure within the jurisdiction of an authority that has adopted planning and zoning regulations shall submit the necessary copies and attachments of the application to the appropriate authority and comply with applicable local ordinances concerning land use and the appropriate permitting processes.
   3.  All records, including but not limited to documents and electronic data, in the possession or custody of authority personnel shall be subject to applicable open records provisions of chapter 22.
   4.  An authority, within one hundred fifty calendar days of receiving an application to construct a new wireless support structure, shall comply with the following provisions:
   a.  Review the application for conformity with applicable local zoning regulations, building permit requirements, and consistency with this chapter. An application is deemed to be complete unless the authority notifies the applicant in writing, within thirty calendar days of submission of the application, of the specific deficiencies in the application which, if cured, would make the application complete. Upon receipt of a timely written notice that an application is deficient, an applicant may take thirty calendar days from receiving such notice to cure the specific deficiencies. If the applicant cures the deficiencies within thirty calendar days, the application shall be reviewed and processed within one hundred fifty calendar days from the initial date the application was received. If the applicant requires a period of time beyond thirty calendar days to cure the specific deficiencies, the deadline for review and processing of the application shall be extended by the same period of time.
   b.  Make its final decision to approve or disapprove the application.
   c.  Advise the applicant in writing of its final decision.
   5.  If the authority fails to act on an application to construct a new wireless support structure within the review period specified under subsection 4, the application shall be deemed approved.
   6.  A party aggrieved by the final action of an authority, either by its affirmative disapproval of an application under the provisions of this section or by its inaction, may bring an action for review in any court of competent jurisdiction. In any such action, the party filing such an action may seek recovery of reasonable costs and attorney fees.
    Sec. 25.  NEW SECTION.  8C.5  Uniform rules —— substantial modification of wireless support structure applications. 
   1.  An authority may exercise zoning, land use, planning, and permitting authority within the authority’s territorial boundaries with regard to an application for substantial modification of a wireless support structure, subject to the provisions of this chapter and federal law.
   2.  An applicant that proposes a substantial modification of a wireless support structure within the jurisdiction of an authority that has adopted planning and zoning regulations shall submit the necessary copies and attachments of the application to the appropriate authority and comply with applicable local ordinances concerning land use and the appropriate permitting processes.
   3.  All records, including but not limited to documents and electronic data, in the possession or custody of authority personnel shall be subject to applicable open records provisions of chapter 22.
   4.  An authority, within ninety calendar days of receiving an application for a substantial modification of a wireless support structure, shall comply with the following provisions:
   a.  Review the application for conformity with applicable local zoning regulations, building permit requirements, and consistency with this chapter. An application is deemed to be complete unless the authority notifies the applicant in writing, within thirty calendar days of submission of the application, of the specific deficiencies in the application which, if cured, would make the application complete. Upon receipt of a timely written notice that an application is deficient, an applicant may take thirty calendar days from receiving such notice to cure the specific deficiencies. If the applicant cures the deficiencies within thirty calendar days, the application shall be reviewed and processed within ninety calendar days from the initial date the application was received. If the applicant requires a period of time beyond thirty calendar days to cure the specific deficiencies, the deadline for review and processing of the application shall be extended by the same period of time.
   b.  Make its final decision to approve or disapprove the application.
   c.  Advise the applicant in writing of its final decision.
   5.  If the authority fails to act on an application for a substantial modification within the review period specified under subsection 4, the application for a substantial modification shall be deemed approved.
   6.  A party aggrieved by the final action of an authority, either by its affirmative disapproval of an application under the provisions of this section or by its inaction, may bring an action for review in any court of competent jurisdiction. In any such action, the party filing such an action may seek recovery of reasonable costs and attorney fees.
    Sec. 26.  NEW SECTION.  8C.6  Uniform rules —— collocation applications.
   1.  A collocation application shall be reviewed for conformance with applicable building permit requirements but shall not otherwise be subject to zoning or land use requirements, including design or placement requirements, or public hearing review, notwithstanding any other provision to the contrary.
   2.  An authority, within forty-five calendar days of receiving a collocation application, shall comply with the following provisions:
   a.  Review the collocation application for conformity with applicable building permit requirements and consistency with this chapter. A collocation application is deemed to be complete unless the authority notifies the applicant in writing, within fifteen calendar days of submission of the collocation application, of the specific deficiencies in the collocation application which, if cured, would make the collocation application complete. Upon receipt of a timely written notice that a collocation application is deficient, an applicant may take fifteen calendar days from receiving such notice to cure the specific deficiencies. If the applicant cures the deficiencies within fifteen calendar days, the collocation application shall be reviewed and processed within forty-five calendar days from the initial date the collocation application was received. If the applicant requires a period of time beyond fifteen calendar days to cure the specific deficiencies, the deadline for review and processing of the application shall be extended by the same period of time.
   b.  Make its final decision to approve or disapprove the collocation application.
   c.  Advise the applicant in writing of its final decision.
   3.  If the authority fails to act on a collocation application within the review period specified in subsection 2, the collocation application shall be deemed approved.
   4.  Notwithstanding any provision to the contrary, an authority shall not mandate, require, or regulate the installation, location, or use of a wireless facility on a utility pole.
   5.  A party aggrieved by the final action of an authority, either by its affirmative disapproval of an application under the provisions of this section or by its inaction, may bring an action for review in any court of competent jurisdiction. In any such action, the party filing such an action may seek recovery of reasonable costs and attorney fees.
    Sec. 27.  NEW SECTION.  8C.7  Severability.

   If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to that end the provisions of this chapter are declared to be severable.

DIVISION VII

STEM INTERNSHIPS AND DIGITAL SKILLS WORKFORCE TRAINING
    Sec. 28.  Section 15.411, subsection 3, Code 2014, is amended to read as follows:
   3.  a.  The authority shall establish and administer an innovative businesses internship program with two components for Iowa students. For purposes of this subsection, “Iowa student” means a student of an Iowa community college, private college, or institution of higher learning under the control of the state board of regents, or a student who graduated from high school in Iowa but now attends an institution of higher learning outside the state of Iowa.
   b.  The purpose of the first component of the program is to link Iowa students to small and medium sized Iowa firms through internship opportunities. An Iowa employer may receive financial assistance in an amount of one dollar for every two dollars paid by the employer to an intern. The amount of financial assistance shall not exceed three thousand one hundred dollars for any single internship, or nine thousand three hundred dollars for any single employer. In order to be eligible to receive financial assistance under this subsection paragraph, the employer must have five hundred or fewer employees and must be an innovative business. The authority shall encourage youth who reside in economically distressed areas, youth adjudicated to have committed a delinquent act, and youth transitioning out of foster care to participate in the first component of the internship program.
   c.  (1)  The purpose of the second component of the program is to assist in placing Iowa students studying in the fields of science, technology, engineering, and mathematics into internships that lead to permanent positions with Iowa employers. The authority shall collaborate with eligible employers, including but not limited to innovative businesses, to ensure that the interns hired are studying in such fields. An Iowa employer may receive financial assistance in an amount of one dollar for every two dollars paid by the employer to an intern. The amount of financial assistance shall not exceed five thousand dollars per internship. The authority may adopt rules to administer this component.
   (2)  The requirement to administer this component of the internship program is contingent upon the provision of funding for such purposes by the general assembly.
    Sec. 29.  SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS INTERNSHIPS —— APPROPRIATION.  There is appropriated from the general fund of the state to the Iowa economic development authority for the fiscal year beginning July 1, 2014, and ending June 30, 2015, the following amount, or so much thereof as is necessary, for the purposes designated:

   For the funding of internships for students studying in the fields of science, technology, engineering, and mathematics with eligible Iowa employers as provided in section 15.411, as amended in this Act:

   .................................................. $  2,000,000

   No more than 3 percent of the funds appropriated pursuant to this section may be used by the authority for costs associated with administration of the program as amended in this Act. Notwithstanding section 8.33, moneys appropriated in this section which remain unencumbered or unobligated at the end of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated in subsequent fiscal years.
    Sec. 30.  DIGITAL LITERACY AND WORKFORCE TRAINING PILOT PROGRAM —— APPROPRIATION.
   1.  The department of workforce development shall develop and issue a request for proposals regarding selection of a digital skills training provider to develop a digital literacy and workforce training pilot program. The program shall provide digital skills training, including training for teleworking and coworking employment opportunities. The distribution and use of any funds appropriated to administer the pilot program shall be determined by the department in coordination with the chief information officer appointed pursuant to section 8B.2.
   2.  There is appropriated from the general fund of the state to the department of workforce development for the fiscal year beginning July 1, 2014, and ending June 30, 2015, the following amount, or so much thereof as is necessary, for the purposes designated:

   For implementation of the digital literacy and workforce training pilot program to be developed pursuant to subsection 1:

.................................................. $  1,400,000

   Notwithstanding section 8.33, moneys appropriated in this section which remain unencumbered or unobligated at the end of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated in subsequent fiscal years.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to and provides for the facilitation of broadband access in unserved or underserved areas of the state. The bill is titled the “Connect Every Iowan Act”.
   DIVISION I —— LEGISLATIVE INTENT. The bill provides that the general assembly finds and declares that increasing the extent and availability of broadband infrastructure throughout the state facilitates the provision of internet access to citizens, businesses, and communities at speeds that promote economic development, employment, enhanced access to goods and services, increased educational and training opportunities, faster access to government services and health care, and improved overall information and community access for citizens.
   DIVISION II —— STREAMLINED RESPONSIBILITY FOR BROADBAND.  The bill modifies provisions in Code chapter 8B, establishing the office of the chief information officer. The bill adds several definitions to the Code chapter for use in the Code chapter and in other related provisions. The bill defines “broadband” to mean a high-speed, high-capacity electronic transmission medium that can carry data signals from multiple independent network sources by establishing different bandwidth channels and that is commonly used to deliver internet services to the public. The bill defines “broadband infrastructure” to mean the physical infrastructure used for the transmission of broadband, including but not limited to any equipment, systems, switches, routers, wire, cable, satellite, conduits, servers, software, technology, base transceiver station sites, or other means of transmission or communication that facilitate download speeds of a minimum of 50 megabits per second and upload speeds of a minimum of 15 megabits per second. The bill defines “communications service provider” to mean a service provider that provides broadband service via any broadband infrastructure platform. The bill defines “unserved or underserved communications service area” to mean one or more census blocks in which no communications service provider offers broadband service with download speeds of greater than 50 megabits per second and upload speeds of greater than 15 megabits per second to residential customers. Additionally, the bill adds broadband and broadband infrastructure to an existing definition of “information technology”.
   The bill adds to the powers and duties of the chief information officer the coordination and monitoring of the availability, implementation, and affordability of broadband access across state government and the private sector. This responsibility includes but is not limited to consulting with the department of revenue regarding the new property tax exemption for broadband infrastructure provided in Code section 427.1; facilitating public-private partnerships and aligning state agencies, boards, and commissions to the shared vision of increasing the availability of and access to broadband by citizens, businesses, and communities; and collecting data and developing metrics or standards against which the data may be measured and evaluated regarding broadband infrastructure installation and deployment.
   The bill also adds to the powers and duties of the chief information officer the responsibility for coordinating a new fiberoptic network conduit installation program to facilitate incorporation of fiberoptic network conduit installations, as defined in the bill, into state-funded construction projects. The bill provides that the chief information officer shall consult and coordinate with the department of administrative services, the department of transportation, the Iowa communications network, and other agencies and entities as determined appropriate to ensure that the opportunity is provided to lay or install fiberoptic network conduit wherever a state-funded construction project involves trenching, boring, a bridge, a roadway, or opening of the ground, or alongside any state-owned infrastructure. The bill provides, contingent upon the provision of funding by the general assembly, that the office may contract with a third party to manage, lease, install, or otherwise provide fiberoptic network conduit access, and that the installation program shall not prohibit the office from purchasing or installing fiberoptic cable within fiberoptic network conduit installed pursuant to the program.
   Additionally, the bill specifies expeditious response requirements regarding the approval, modification, or disapproval of nonwireless broadband-related permits. The bill provides that notwithstanding any other provision to the contrary, a political subdivision vested with permitting authority shall approve, approve with modification, or disapprove nonwireless broadband-related permits within 60 business days following the submission of a permit application and fee. In the event that no action is taken during the 60-day period, the application shall be deemed approved.
   The bill also requires the chief information officer to prepare an annual report regarding the status of broadband access across state government and the private sector, and adds the chief information officer to the information technology and telecommunications commission which oversees the operation of the Iowa communications network and to the statewide interoperable communications system board established in Code section 80.28. The bill appropriates $250,000 to the office for the 2014-2015 fiscal year to facilitate broadband data collection and analysis.
   DIVISION III —— TAX INCENTIVES. The bill provides a property tax exemption for broadband infrastructure installed and deployed within an unserved or underserved communications service area. The exemption applies to the new installation of broadband infrastructure completed on or after July 1, 2014, to and including December 31, 2018, in an unserved or underserved communications service area. The bill requires a person claiming the exemption to certify that no communications service provider offered broadband download speeds of greater than 50 megabits per second and upload speeds of greater than 15 megabits per second in the unserved or underserved communications service area prior to installation of broadband infrastructure. The bill provides that if the broadband infrastructure is assessed with other property as a unit by the department of revenue pursuant to Code sections 428.24 to 428.29, or Code chapter 433, the exemption shall be limited to the value added by the broadband infrastructure determined as of the assessment date and the exemption shall be applied prior to any other exemption applicable to the unit value. The bill confers authority upon the director of the department of revenue to adopt rules for the interpretation and administration of the exemption.
   DIVISION IV —— IOWA COMMUNICATIONS NETWORK WHOLESALE ACCESS.  The bill permits wholesale access to the Iowa communications network to persons who are not otherwise authorized users as determined under Code chapter 8D. The bill provides that the information technology and telecommunications commission may enter into a contract to provide access to the network to a communications services provider for the installation and deployment of broadband infrastructure in an unserved or underserved communications service area. The bill provides that the commission may establish by rule the manner in which a contract entered into shall be undertaken, and that all such contracts shall be coordinated with the chief information officer. The bill provides that access shall be subject to sufficient capacity being reserved for existing and future authorized users of the network, and restricted to wholesale transactions with communications service providers who are engaged in providing broadband capacity at retail to citizens and businesses in Iowa. 
   The bill provides that prior to entering into a contract with the network, a communications service provider must allow, for a 10-business-day period, any private wholesale provider that has fiberoptic cable facilities that are closer in proximity to an unserved or underserved communications service area to which the contract would apply than the nearest network endpoint to make those facilities available at the same or a lower rate than that offered by the network. The bill provides that access shall be provided in a manner that minimizes the level of capital investment necessary from communications service providers to expand broadband in unserved or underserved communications service areas while allowing them to access new customers and new sources of revenue, that it shall not be provided at retail to persons who are not authorized users or otherwise provided network access at retail as of July 1, 2014, and that access shall not be used by a communications service provider to provide services or broadband capacity to persons who are authorized users or otherwise provided network access as of July 1, 2014. Additionally, the bill provides that rates applicable to a wholesale transaction shall be determined by the commission by rule.
   DIVISION V —— INFORMATION TECHNOLOGY INFRASTRUCTURE FOR EDUCATION. The bill adds the acquisition or installation of “information technology infrastructure”, as defined in the bill, to the definition of “school infrastructure” for purposes of the statewide school infrastructure funding provisions contained in Code chapter 423F.
   DIVISION VI —— UNIFORM CELL SITING. The bill provides uniform rules establishing specific and varying timelines for the exercise of zoning, land use, planning, and permitting authority applicable to new wireless support structure applications, applications for substantial modifications of wireless support structures, and collocation applications. The bill states that authorities may continue to exercise zoning, land use, planning, and permitting authority within their territorial boundaries with regard to the siting of new wireless support structures, subject to the bill’s provisions and federal law. Timelines for reviewing an application, making a final decision to approve or disapprove it, and advising the applicant of the decision in writing are set forth, as is the requirement that if a specified time elapses without action the application shall be deemed approved.
   DIVISION VII —— STEM INTERNSHIPS AND DIGITAL SKILLS WORKFORCE TRAINING. The bill establishes a new program within the economic development authority to assist in placing Iowa students studying in the fields of science, technology, engineering, and mathematics into internships that lead to permanent positions with Iowa employers. The bill directs the authority to collaborate with eligible employers, which may include but are not limited to innovative businesses, to ensure that the interns hired are studying in the specified fields, and provides that an Iowa employer may receive financial assistance in the amount of $1 for every $2 paid by the employer to an intern, limited to an amount not exceeding $5,000 for any single internship. The bill states that the requirement to establish the internships is contingent upon the provision of funding for such purposes by the general assembly, and then appropriates $2 million for this purpose for the 2014-2015 fiscal year. The bill provides that no more than 3 percent of the funds appropriated may be used by the authority for costs associated with administration of the program.
   The bill directs the department of workforce development to issue a request for proposals regarding election of a digital skills training provider to establish a digital literacy and workforce training pilot program. The program shall provide digital skills training, including training for teleworking and coworking employment opportunities. The bill provides that distribution and use of any funds appropriated to administer the pilot program shall be determined by the department in coordination with the chief information officer. The bill appropriates $1.4 million to the department for purposes of program administration for the 2014-2015 fiscal year.