House Study Bill 545 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON COWNIE) A BILL FOR An Act permitting optical fiber additions on certain easements, 1 providing remedies, and including retroactive applicability 2 provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5267YC (1) 87 gh/rn
H.F. _____ Section 1. NEW SECTION . 564.9 Optical fiber additions —— 1 remedies. 2 1. a. The holder of an easement permitting the holder to 3 maintain or operate an electric distribution system may attach 4 optical fiber, together with all associated equipment for the 5 distribution of communications and information services by 6 optical fiber, to an existing electric distribution system 7 pursuant to the existing easement. An easement holder shall 8 not be required to acquire or purchase an additional easement 9 or license to attach optical fiber to an existing electric 10 distribution system pursuant to an existing easement, provided 11 that no additional poles or structures are installed solely 12 because of the optical fiber addition. 13 b. For purposes of this section, “electric distribution 14 system” means the same as defined in section 476.58. 15 2. Notwithstanding subsection 1, the owner of real property 16 on which an easement holder attaches optical fiber to an 17 existing electric distribution system pursuant to an existing 18 easement shall have a cause of action against the easement 19 holder to recover damages for any of the following: 20 a. Actual damages caused by the optical fiber addition. 21 b. The diminution in value of the real property caused by 22 the optical fiber addition, taking into account any increase in 23 value of the real property due to such addition. 24 3. An action to recover damages pursuant to subsection 25 2 shall be brought in the district court for the county in 26 which the real property is located. No such action shall 27 be brought after the expiration of one year following the 28 date on which the easement holder attaches optical fiber 29 pursuant to subsection 1, provided, however, that an action to 30 recover damages for optical fiber attached on or before the 31 effective date of this Act shall be brought within one year 32 after the effective date of this Act. This section shall be 33 the exclusive remedy for the recovery of damages pursuant to 34 subsection 2. 35 -1- LSB 5267YC (1) 87 gh/rn 1/ 3
H.F. _____ Sec. 2. RETROACTIVE APPLICABILITY. This Act applies 1 retroactively to optical fiber additions made on or before the 2 effective date of this Act. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This bill relates to optical fiber additions on certain 7 easements. 8 The bill allows the holder of an easement permitting the 9 holder to operate or maintain an electric distribution system, 10 as defined in the bill, to attach optical fiber, including all 11 associated equipment, to an existing electric distribution 12 system pursuant to the existing easement. An easement holder 13 is not required to obtain an additional easement or license 14 to attach optical fiber to an existing electric distribution 15 system pursuant to an existing easement, provided no additional 16 poles or structures are installed solely because of the optical 17 fiber addition. 18 The bill authorizes the owner of real property on which an 19 easement holder attaches optical fiber on an existing electric 20 distribution system pursuant to an existing agreement to 21 recover damages against the easement holder for any actual 22 damages caused by the optical fiber addition and any diminution 23 in value of the real property caused by the optical fiber 24 addition, taking into account any increase in value of the real 25 property due to the addition. An action to recover damages 26 shall be brought in the district court for the county in which 27 the real property is located. An action to recover damages 28 must be brought within one year after the easement holder 29 attaches the optical fiber, provided, however, that an action 30 to recover damages for optical fiber attached on or before the 31 effective date of the bill must be brought within one year 32 after the bill takes effect. The bill is the exclusive remedy 33 to recover damages due to an optical fiber addition. 34 The bill applies retroactively to optical fiber additions 35 -2- LSB 5267YC (1) 87 gh/rn 2/ 3
H.F. _____ made on or before the effective date of the bill. 1 -3- LSB 5267YC (1) 87 gh/rn 3/ 3