House File 2412 - Introduced HOUSE FILE 2412 BY COMMITTEE ON COMMERCE (SUCCESSOR TO HSB 589) A BILL FOR An Act relating to the definition of public improvement for 1 public construction bidding purposes. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5586HV (2) 88 ja/rn

H.F. 2412 Section 1. Section 26.2, subsection 3, paragraph b, 1 subparagraph (5), Code 2020, is amended to read as follows: 2 (5) Construction or repair or maintenance work performed 3 for a city utility under chapter 388 when such work is 4 performed by its employees or performed for a rural water 5 district under chapter 357A by its employees when such work 6 relates to existing utility infrastructure or establishing 7 connections to existing utility infrastructure. For purposes 8 of this subparagraph, “utility infrastructure” includes 9 facilities used for the storage, collection, disposal, 10 treatment, generation, transmission, or distribution of water, 11 sewage, waste, electricity, gas, or telecommunications service . 12 Sec. 2. Section 26.2, subsection 3, paragraph b, Code 2020, 13 is amended by adding the following new subparagraph: 14 NEW SUBPARAGRAPH . (6) Construction or repair or 15 maintenance work performed for a rural water district under 16 chapter 357A by its employees. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 This bill relates to the definition of “public improvement” 21 for purposes of the Iowa construction bidding procedures Act. 22 Code section 26.2 contains several exclusions from the 23 definition of “public improvement”. Once such exclusion is 24 set out in Code section 26.2, subsection 3, paragraph “b”, 25 subparagraph (5), related to the construction or repair or 26 maintenance work performed for a city utility by its employees 27 or performed for a rural water district under Code chapter 357A 28 by its employees. 29 The bill modifies this exclusion by providing that such 30 construction or repair or maintenance work is not a public 31 improvement if it is performed by the city utility’s employees, 32 it involves existing utility infrastructure, or it involves 33 establishing connections to existing utility infrastructure. 34 The bill defines “utility infrastructure” to include facilities 35 -1- LSB 5586HV (2) 88 ja/rn 1/ 2

H.F. 2412 used for the storage, collection, disposal, treatment, 1 generation, transmission, or distribution of water, sewage, 2 waste, electricity, gas, or telecommunications service. 3 The bill retains the exclusion relating to work performed 4 for a rural water district by its employees. 5 -2- LSB 5586HV (2) 88 ja/rn 2/ 2