House File 2107 - Introduced HOUSE FILE 2107 BY SORENSEN A BILL FOR An Act relating to the development and utilization of 1 high-speed electronic transmission mediums. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5716YH (6) 88 ja/rn

H.F. 2107 Section 1. NEW SECTION . 15.281 Definitions. 1 As used in this part, unless the context requires otherwise: 2 1. “Broadband” means a high-speed, high-capacity electronic 3 transmission medium, including fixed wireless and mobile 4 wireless mediums, that can carry data signals from independent 5 network sources by establishing different bandwidth channels 6 and that is commonly used to deliver internet services to the 7 public. 8 2. “Broadband infrastructure” means the physical 9 infrastructure used for the transmission of data that provides 10 broadband services. “Broadband infrastructure” does not include 11 land, buildings, structures, improvements, or equipment not 12 directly used in the transmission of data via broadband. 13 3. “Communications service provider” means a service 14 provider that provides broadband service. 15 4. “Political subdivision” means a city, county, township, 16 or school district. 17 Sec. 2. NEW SECTION . 15.282 Broadband forward —— 18 certification. 19 1. The authority shall establish a broadband forward 20 certification program, with the objective of encouraging 21 political subdivisions to further develop broadband 22 infrastructure and access to broadband. To qualify for 23 broadband forward certification, a political subdivision shall 24 submit to the authority, on forms prescribed by the authority 25 by rule, an application indicating the following: 26 a. The political subdivision’s support and commitment to 27 promote the availability of broadband. 28 b. Existing or proposed ordinances encouraging the 29 further development of broadband infrastructure and access to 30 broadband. 31 c. Efforts to secure local funding for the further 32 development of broadband infrastructure and access to 33 broadband. 34 d. A single point of contact for all matters related to 35 -1- LSB 5716YH (6) 88 ja/rn 1/ 7

H.F. 2107 broadband and broadband infrastructure. 1 2. A single point of contact designated in an application 2 submitted pursuant to subsection 1 shall be responsible for all 3 of the following: 4 a. Coordination and partnership with the authority, 5 communications service providers, realtors, economic 6 development professionals, employers, employees, and other 7 broadband stakeholders. 8 b. Collaboration with the authority, communication service 9 providers, and employers to identify, develop, and market 10 broadband packages available in the political subdivision. 11 c. Familiarity with broadband mapping tools and other 12 state-level resources. 13 d. Maintaining regular communication with the authority. 14 e. Providing to the political subdivision regular reports 15 regarding the availability of broadband in the political 16 subdivision. 17 3. A political subdivision that the authority has certified 18 as a broadband forward community under subsection 1 shall not 19 do any of the following: 20 a. Require an applicant to designate a final contractor to 21 complete a broadband infrastructure project. 22 b. Impose a fee to review an application or issue a permit 23 for a broadband infrastructure application in excess of one 24 hundred dollars. 25 c. Impose a moratorium of any kind on the approval 26 of applications and issuance of permits for broadband 27 infrastructure projects or on construction related to broadband 28 infrastructure. 29 d. Discriminate among communications service providers, 30 or public utilities with respect to any action described in 31 this section or otherwise related to broadband infrastructure, 32 including granting access to public rights-of-way, 33 infrastructure and poles, river and bridge crossings, or any 34 other physical assets owned or controlled by the political 35 -2- LSB 5716YH (6) 88 ja/rn 2/ 7

H.F. 2107 subdivision. 1 e. As a condition for approving an application or issuing a 2 permit for a broadband infrastructure project or for any other 3 purpose, require the applicant to do any of the following: 4 (1) Provide any service or make available any part of the 5 broadband infrastructure to the political subdivision. 6 (2) Except for the fee allowed under paragraph “b” of this 7 subsection, make any payment to or on behalf of the political 8 subdivision. 9 4. The authority shall publish on its internet site state 10 grant and loan programs relating to broadband and broadband 11 infrastructure. 12 5. The authority shall develop a procedure whereby the 13 authority shall coordinate with other state agencies regarding 14 preferences given in the awarding of grants or making of loans 15 to successful applicants for broadband forward certification. 16 Sec. 3. NEW SECTION . 15.283 Telecommuter forward —— 17 certification. 18 1. The authority shall establish a telecommuter forward 19 certification program, with the objective of encouraging 20 political subdivisions to further develop and promote the 21 availability of telecommuting. To qualify for telecommuter 22 forward certification, a political subdivision shall submit to 23 the authority, on forms prescribed by the authority by rule, an 24 application indicating the following: 25 a. The political subdivision’s support and commitment to 26 promote the availability of telecommuting options. 27 b. Existing or proposed ordinances encouraging the further 28 development of telecommuting options. 29 c. Efforts to secure local funding for the further 30 development of telecommuting options. 31 d. A single point of contact for coordinating telecommuting 32 opportunities and options: 33 2. A single point of contact designated in an application 34 submitted pursuant to subsection 1 shall be responsible for all 35 -3- LSB 5716YH (6) 88 ja/rn 3/ 7

H.F. 2107 of the following: 1 a. Coordination and partnership with the authority, 2 communications service providers, realtors, economic 3 development professionals, employers, employees, and other 4 telecommuting stakeholders. 5 b. Collaboration with the authority, communication service 6 providers, and employers to identify, develop, and market 7 telecommuter-capable broadband packages available in the 8 political subdivision. 9 c. Promotion of telecommuter-friendly workspaces, such 10 as business incubators with telecommuting spaces, if such a 11 workspace has been established in the political subdivision at 12 the time the political subdivision submits the application. 13 d. Familiarity with broadband mapping tools and other 14 state-level resources. 15 e. Maintaining regular communication with the authority. 16 f. Providing to the political subdivision regular reports 17 regarding the availability of telecommuting options in the 18 political subdivision. 19 3. The authority shall develop a procedure whereby the 20 authority shall coordinate with other state agencies regarding 21 preferences given in the awarding of grants or making of 22 loans to successful applicants for telecommuter forward 23 certification. 24 Sec. 4. NEW SECTION . 306.48 Fiberoptic network conduit 25 installation program. 26 1. For purposes of this section: 27 a. “Fiberoptic network conduit” means a pipe, vault, 28 or duct used to enclose fiberoptic cable facilities buried 29 alongside a roadway or surface mounted on a bridge, overpass, 30 or other facility where placement below ground is impossible 31 or impractical. “Fiberoptic network conduit” does not include 32 electronics or cable. 33 b. “Public funding” does not include a tax exemption 34 authorized under section 427.1, subsection 40. 35 -4- LSB 5716YH (6) 88 ja/rn 4/ 7

H.F. 2107 c. “Where such conduit does not exist” means that private 1 or publicly owned fiberoptic cable is not currently within a 2 linear range of five hundred feet or less in any one direction. 3 2. The department shall lead and coordinate a program to 4 provide for the installation of fiberoptic network conduit 5 where such conduit does not exist. The department shall 6 consult and coordinate with applicable agencies and entities, 7 including the office of the chief information officer, the 8 economic development authority, county boards of supervisors, 9 municipal governing bodies, the farm-to-market review board, 10 county conservation boards, and the boards, commissions, or 11 agencies in control of state parks, as determined appropriate 12 to ensure that the opportunity is provided to lay or install 13 fiberoptic network conduit wherever a construction project 14 utilizing public funding involves opening of the ground 15 alongside a primary road. 16 3. The department may contract with a nongovernmental 17 third party to manage, lease, install, or otherwise provide 18 fiberoptic network conduit access for projects described in 19 this section. This section does not require coordination with 20 or approval from the department pursuant to this program or 21 installation of fiberoptic conduit as required by this section 22 for construction projects not using public funding. 23 4. To facilitate the installation of fiberoptic network 24 conduit where such conduit does not exist, the department shall 25 maintain an up-to-date list of construction projects utilizing 26 public funding that involve the opening of the ground alongside 27 a primary road and shall publish the list on the department’s 28 internet site. 29 Sec. 5. REPEAL. Section 8B.25, Code 2020, is repealed. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill relates to the development and utilization 34 of high-speed electronic transmission mediums, including 35 -5- LSB 5716YH (6) 88 ja/rn 5/ 7

H.F. 2107 certifications to be issued by the economic development 1 authority and the fiberoptic conduit installation program. 2 The bill requires the authority to establish a broadband 3 forward certification program. The objective of the program 4 is to encourage political subdivisions to further development 5 of both broadband infrastructure and access to broadband. A 6 political subdivision shall apply to the economic development 7 authority for broadband forward certification pursuant to 8 application requirements specified in the bill. The bill 9 describes certain actions a political subdivision certified 10 as broadband forward cannot take. If a political subdivision 11 successfully applies for broadband forward certification, the 12 authority is required to coordinate with other state agencies 13 regarding preferences given in the awarding of grants or making 14 of loans. 15 The bill also requires the authority to establish a 16 telecommuter forward certification program. The objective of 17 the program is to encourage political subdivisions to further 18 and promote the availability of telecommuting. The bill 19 specifies application requirements for telecommuter forward 20 certification, and describes certain actions a political 21 subdivision certified as telecommuter forward cannot take. 22 As with the broadband forward certification program, if a 23 political subdivision successfully applies for telecommuter 24 forward certification, the authority is required to coordinate 25 with other state agencies regarding preferences given in the 26 awarding of grants or making of loans. 27 The bill repeals the fiberoptic network conduit installation 28 program under the authority of the office of the chief 29 information officer and reestablishes the program under the 30 purview of the department of transportation. The fiberoptic 31 network conduit installation program provides that the 32 department of transportation is to administer a program related 33 to the installation of fiberoptic network conduit where such 34 conduit does not exist. More specifically, the department 35 -6- LSB 5716YH (6) 88 ja/rn 6/ 7

H.F. 2107 is to coordinate with applicable agencies and entities to 1 ensure there is an opportunity to install fiberoptic network 2 conduit during certain projects. The bill also requires the 3 department to maintain and publish on its internet site a list 4 of construction projects utilizing public funding that involve 5 opening the ground alongside a private road. 6 -7- LSB 5716YH (6) 88 ja/rn 7/ 7