Senate
File
2165
-
Introduced
SENATE
FILE
2165
BY
DVORSKY
A
BILL
FOR
An
Act
relating
to
rural
water
providers
by
making
changes
to
1
water
service
requirements.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
357A.1,
Code
2014,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
6A.
“Rural
water
association”
or
3
“association”
means
a
rural
water
association
organized
and
4
incorporated
as
a
cooperative
association
under
chapter
499
or
5
as
a
nonprofit
corporation
under
chapter
504.
6
Sec.
2.
Section
357A.2,
subsections
3
and
4,
Code
2014,
are
7
amended
to
read
as
follows:
8
3.
Water
services,
other
than
water
services
provided
as
9
of
April
1,
1987,
shall
not
be
provided
within
two
miles
of
10
the
limits
of
a
city
by
a
rural
water
district
incorporated
11
under
this
chapter
or
chapter
504
except
as
provided
in
this
12
section
.
Except
as
otherwise
provided
in
this
section,
a
rural
13
water
association
shall
not
provide
water
services
within
two
14
miles
of
a
city,
other
than
water
services
provided
as
of
July
15
1,
2014.
16
4.
a.
A
rural
water
district
incorporated
under
this
17
chapter
or
chapter
504
or
rural
water
association
may
give
18
notice
of
intent
to
provide
water
service
to
a
new
area
within
19
two
miles
of
a
city
by
submitting
a
water
plan
to
the
city.
20
This
subsection
shall
not
apply
in
the
case
of
a
district
or
21
association
extending
service
to
new
customers
or
improving
22
existing
facilities
within
existing
district
or
association
23
service
areas
or
under
existing
district
or
association
24
agreements.
If
water
service
is
provided
by
a
city
utility
25
established
under
chapter
388,
the
water
plan
shall
be
filed
26
with
the
governing
body
of
that
city
utility.
The
district
27
or
association
shall
provide
written
notice
pursuant
to
this
28
subsection
by
certified
mail.
29
b.
The
water
plan
is
only
required
to
shall
indicate
30
the
area
within
two
miles
of
the
city
which
the
rural
water
31
district
or
association
intends
to
serve
within
the
next
three
32
years
.
Upon
request,
the
city
or
city
utility
shall
provide
33
a
district
or
association
with
a
map
of
the
city
limits
that
34
indicates
areas
that
are
currently
provided
water
service
by
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a
city
utility
or
enterprise.
1
c.
If
the
city
fails
to
respond
to
the
rural
water
2
district’s
water
plan
within
ninety
seventy-five
days
of
3
receipt
of
the
plan,
the
rural
water
district
or
association
4
may
provide
service
in
the
area
designated
in
the
plan.
The
5
city
may
inform
the
rural
water
district
or
association
within
6
ninety
seventy-five
days
of
receipt
of
the
plan
that
the
city
7
requires
additional
time
or
information
to
study
the
question
8
of
providing
water
service
outside
the
limits
of
the
city.
If
9
additional
time
or
information
is
required,
the
city
shall
10
respond
to
the
rural
water
district’s
plan
by
certified
mail
11
within
one
hundred
eighty
sixty-five
days
of
receipt
of
the
12
plan.
13
d.
(1)
In
responding
to
the
plan,
the
city
may
14
affirmatively
waive
its
right
to
provide
water
service
within
15
the
areas
designated
for
water
service
by
the
rural
water
16
district,
or
the
city
may
reserve
the
right
to
provide
water
17
service
in
some
or
all
of
the
areas
which
the
rural
water
18
district
or
association
intends
to
serve.
19
(2)
(a)
If
the
city
reserves
the
right
to
provide
water
20
service,
the
city
shall
provide
the
district
or
association
21
with
a
copy
of
the
city’s
water
plan
relating
to
the
city’s
22
intent
and
ability
to
provide
water
service
to
such
an
area.
23
(b)
If
the
city
reserves
the
right
to
provide
water
service
24
within
some
or
all
of
the
areas
which
the
rural
water
district
25
or
association
intends
to
serve,
the
city
shall
provide
service
26
within
four
three
years
of
receipt
of
the
water
plan
submitted
27
under
paragraph
“a”
.
This
section
does
not
preclude
a
city
28
from
providing
water
service
in
an
area
which
is
annexed
by
the
29
city.
30
(c)
If
the
city
reserving
the
right
to
provide
service
31
fails
to
provide
service
within
three
years,
the
city
waives
32
its
right
to
provide
water
service
and
shall
provide
notice
to
33
the
district
or
association
by
certified
mail
and
the
district
34
or
association
may
provide
service
within
the
area
of
the
water
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plan
submitted
under
paragraph
“a”
.
1
(3)
If
the
district
or
association
fails
to
provide
2
service
within
three
years
after
a
city
waives
the
right
to
3
provide
water
service
under
this
paragraph
“d”
,
the
district
or
4
association
shall
provide
notice
to
the
city
by
certified
mail
5
and
the
city
may
provide
service
within
the
area
of
the
water
6
plan
submitted
under
paragraph
“a”
.
7
(4)
For
purposes
of
this
paragraph
“d”
,
“provide
water
8
service”
and
“provide
service”
mean
to
deliver
water
in
9
sufficient
quantity
and
quality
to
meet
customer
demand.
The
10
department
of
natural
resources
shall
determine
whether
such
11
service
is
adequately
provided.
12
Sec.
3.
Section
357A.2,
Code
2014,
is
amended
by
adding
the
13
following
new
subsection:
14
NEW
SUBSECTION
.
5.
This
section
does
not
preclude
a
city
15
from
providing
water
service
in
an
area
which
is
annexed
by
the
16
city
pursuant
to
section
357A.21.
17
Sec.
4.
Section
357A.21,
Code
2014,
is
amended
to
read
as
18
follows:
19
357A.21
Annexation
of
land
by
a
city
——
mediation
——
20
arbitration.
21
1.
A
water
district
organized
under
this
chapter
,
chapter
22
357
,
499
,
or
504
or
association
shall
be
fairly
compensated
for
23
losses
resulting
from
annexation.
The
governing
body
of
a
city
24
or
water
utility
and
the
board
of
directors
or
trustees
of
the
25
water
district
or
association
may
agree
to
terms
which
provide
26
that
the
facilities
owned
by
the
water
district
or
association
27
and
located
within
the
city
shall
be
retained
by
the
water
28
district
or
association
for
the
purpose
of
transporting
water
29
to
customers
outside
the
city.
30
2.
If
an
agreement
is
not
reached
under
subsection
1,
31
the
governing
body
of
the
city
or
water
utility
or
the
board
32
of
directors
or
trustees
of
the
district
or
association
may
33
request
mediation
pursuant
to
chapter
679C.
The
governing
34
body
or
board
requesting
mediation
shall
be
responsible
for
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the
costs
of
the
mediation.
A
mediation
committee
shall
be
1
established
if
a
governing
body
or
board
requests
mediation
2
pursuant
to
this
subsection.
The
mediation
committee
shall
3
consist
of
one
member
of
the
governing
body
of
the
city
or
the
4
governing
body’s
designee,
one
member
of
the
board
of
directors
5
or
trustees
of
the
district
or
association,
as
applicable,
and
6
one
disinterested
member
chosen
by
the
other
two
members.
A
7
list
of
qualified
mediators
may
be
obtained
from
the
American
8
arbitration
association,
the
public
employment
relations
board
9
established
pursuant
to
section
20.5,
or
a
recognized
mediation
10
organization
or
association.
11
3.
If
an
agreement
is
not
reached
within
ninety
days,
the
12
issues
may
be
submitted
to
arbitration.
If
submitted,
an
13
arbitrator
shall
be
selected
by
a
committee
which
includes
14
one
member
of
the
governing
body
of
the
city
or
its
designee,
15
one
member
of
the
water
district’s
or
association’s
board
of
16
directors
or
trustees
or
its
designee,
as
applicable,
and
a
17
disinterested
party
selected
by
the
other
two
members
of
the
18
committee.
A
list
of
qualified
arbitrators
may
be
obtained
19
from
the
American
arbitration
association
or
other
recognized
20
arbitration
organization
or
association.
21
Sec.
5.
NEW
SECTION
.
388.11
Liability
within
two
miles.
22
A
city
or
city
utility
providing
water
service
within
two
23
miles
of
the
limits
of
the
city
shall
not
be
liable
for
a
claim
24
for
failure
to
provide
or
maintain
fire
hydrants,
facilities,
25
or
an
adequate
supply
of
water
or
water
pressure
for
fire
26
protection
purposes
in
the
area
receiving
water
service
if
such
27
hydrants,
facilities,
or
water
supplies
are
not
intended
to
be
28
used
for
fire
protection
purposes.
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
This
bill
relates
to
rural
water
providers
by
making
changes
33
to
water
service
requirements.
34
The
bill
defines
“rural
water
association”.
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The
bill
places
certain
limitations
on
the
provision
of
1
water
services
by
rural
water
associations
to
areas
that
are
2
within
two
miles
of
a
city
after
July
1,
2014.
3
Current
law
provides
that
a
rural
water
district
may
provide
4
notice
of
intent
to
provide
water
service
to
a
new
area
within
5
two
miles
of
a
city
by
submitting
a
water
service
plan
to
the
6
city.
The
bill
further
requires
that
if
a
city’s
water
service
7
is
provided
by
a
city
utility,
notice
shall
be
provided
to
the
8
governing
board
of
the
city
utility.
The
bill
also
provides
9
that
the
written
notice
be
provided
by
certified
mail.
10
Current
law
requires
that
a
water
plan
submitted
by
a
rural
11
water
district
include
the
new
area
that
the
district
intends
12
to
serve.
The
bill
requires
that
a
district
or
association
13
include
in
its
water
plan
any
area
that
the
district
or
14
association
intends
to
serve
within
three
years.
15
Current
law
provides
that
a
city
may
waive
its
right
to
16
provide
water
service
within
the
areas
designated
in
a
water
17
plan.
The
bill
lowers
the
number
of
days
for
allowable
18
responses
to
a
water
plan.
The
bill
requires
that
a
city
19
provide
water
service
to
an
area
within
three
years
if
the
20
city
reserves
the
right
to
provide
such
service
to
the
area
21
and
requires
that
the
city
provide
the
district
or
association
22
with
a
copy
of
the
city’s
water
plan
relating
to
the
city’s
23
intent
and
ability
to
provide
such
service.
The
bill
requires
24
that
such
water
service
be
provided
in
sufficient
quantity
and
25
quality
to
meet
customer
demand.
The
bill
provides
that
if
a
26
city
reserves
such
a
right
and
fails
to
provide
service
within
27
three
years,
the
city
waives
its
right
to
provide
service.
If
28
a
city
waives
the
right
to
provide
service,
the
district
or
29
association
is
permitted
to
provide
service
as
described
in
30
the
district
or
association
water
plan.
The
bill
requires
31
that
such
water
service
be
provided
in
sufficient
quantity
and
32
quality
to
meet
customer
demand.
33
The
bill
further
provides
that
if
the
city
or
city
utility
34
cannot
reach
an
agreement
for
the
retention
of
certain
rights
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by
a
district
or
association,
the
issues
may
be
submitted
to
1
mediation.
2
The
bill
further
provides
that
a
city
or
city
utility
3
providing
water
service
within
two
miles
of
the
limits
of
the
4
city
is
not
liable
for
failure
to
provide
or
maintain
fire
5
hydrants,
facilities,
or
an
adequate
supply
of
water
or
water
6
pressure
for
fire
protection
purposes
in
the
area
receiving
7
water
service
if
such
hydrants,
facilities,
or
water
supplies
8
are
not
intended
to
be
used
for
fire
protection
purposes.
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