HF 777 (LSB 1051HV (1) 88)

HOUSE FILE 777

BY  COMMITTEE ON WAYS AND MEANS

(SUCCESSOR TO HSB 256)

A BILL FOR

An Act relating to permits for vehicles of excessive size and weight, including vehicles transporting raw forest products, and providing for fees.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.463, subsection 3, Code 2019, is amended to read as follows:
   3.  Notwithstanding other provisions of this chapter to the contrary, indivisible loads operating under the permit requirements of sections 321E.7, 321E.8, 321E.9, and 321E.29A, and divisible loads operating under the permit requirements of section 321E.26, shall be allowed a maximum of twenty thousand pounds per axle.
    Sec. 2.  Section 321E.3, Code 2019, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  Notwithstanding any other provision of this chapter to the contrary, the department shall develop and implement a single statewide system to receive applications for and issue permits authorized under this chapter that allow for the operation of vehicles of excessive size or weight on highways or streets under the jurisdiction of the state or local authorities. The department is authorized to determine, in consultation with the applicable local authorities, the network of highways and streets under the jurisdiction of local authorities, including the appropriate routes, on which vehicles issued permits under the system are authorized to operate. Permits issued under the system shall be issued by the department for a fee established by the department by rule, which fees shall be proportionate to the fees set forth in section 321E.14. The department shall allocate a portion of the fees collected under this subsection to local authorities having jurisdiction over highways or streets on which vehicles issued permits under the system are authorized to operate.
    Sec. 3.  Section 321E.7, subsection 1, paragraph e, Code 2019, is amended to read as follows:
   e.  Vehicles operating under a permit issued pursuant to section 321E.8, 321E.9, or 321E.9A, or 321E.26 may have a gross weight not to exceed forty-six thousand pounds on a single tandem axle of the truck tractor and a gross weight not to exceed forty-six thousand pounds on a single tandem axle of the trailer or semitrailer if each axle of each tandem group has at least four tires.
    Sec. 4.  Section 321E.9, Code 2019, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  Containers for international shipment shall be considered an indivisible load for purposes of transportation under a permit issued pursuant to this section if all of the following conditions are met:
   a.  The combination of vehicles transporting the container under the permit does not exceed the maximum dimensions specified in sections 321.454 through 321.457.
   b.  The container is sealed for international shipment and is either in route for export to a foreign country or in route to the container’s destination from a foreign country.
   c.  Documentation, such as a bill of lading or another similar document, is carried in the vehicle, in written or electronic form, that ties the container being moved to the container listed in the documentation using the unique container number marked on the container. The documentation shall clearly state the foreign country of origin or destination, and shall be provided to a peace officer upon request.
   d.  The container’s contents are exclusively raw forest products as defined in section 321E.26.
    Sec. 5.  Section 321E.14, subsection 1, Code 2019, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  j.  One hundred seventy-five dollars for a permit issued pursuant to section 321E.26.
    Sec. 6.  NEW SECTION.  321E.26  Transportation of raw forest products.
   1.  The department may issue annual permits for the operation of a vehicle or combination of vehicles transporting divisible loads of raw forest products from fields to storage, processing, or other commercial facilities. The combined gross weight or gross weight on any one axle or group of axles on a vehicle or combination of vehicles issued a permit under this section may exceed the maximum weights specified in section 321.463, if the gross weight on any one axle does not exceed the limitations specified in section 321E.7.
   2.  A vehicle or combination of vehicles for which a permit is issued under this section shall not exceed the maximum dimensions specified in sections 321.454 through 321.457.
   3.  A vehicle or combination of vehicles for which a permit is issued under this section shall not travel on any portion of the interstate highway system.
   4.  Notwithstanding section 321E.3 or any other provision of law to the contrary, a permit issued by the department pursuant to this section is valid for the operation of a vehicle or combination of vehicles on a nonprimary highway if the local authority having jurisdiction over the nonprimary highway has approved the route within the local authority’s jurisdiction used by the vehicle or combination of vehicles traveling under the permit.
   5.  For the purposes of this section, “raw forest products” means logs, pilings, posts, poles, cordwood products, wood chips, sawdust, pulpwood, intermediary lumber, fuel wood, mulch, tree bark, and Christmas trees not altered by a manufacturing process off the land, sawmill, or factory from which the products were taken.
    Sec. 7.  REPORT.  The department shall submit a report to the general assembly in electronic form on or before December 31, 2021, regarding the status of the development and implementation of the system required under section 321E.3, subsection 3, as enacted by this Act.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   STATEWIDE SYSTEM. This bill requires the department of transportation (DOT) to develop and implement a single statewide system to receive applications for and issue permits that allow for the operation of vehicles of excessive size or weight on highways or streets under the jurisdiction of the state or local authorities. The bill authorizes the DOT to determine, in consultation with the applicable local authorities, the network of highways and streets under the jurisdiction of local authorities, including the appropriate routes, on which vehicles issued permits under the system are authorized to operate. Permits issued under the system must be issued by the DOT for a fee established by the DOT by rule, which fees must be proportionate to the fees set forth in Code section 321E.14. The bill requires the DOT to allocate a portion of the fees collected to local authorities having jurisdiction over highways or streets on which vehicles issued permits under the system are authorized to operate. The bill requires the DOT to submit a report to the general assembly in electronic form on or before December 31, 2021, regarding the status of the development and implementation of the system.
   RAW FOREST PRODUCTS. The bill provides that containers for international shipment shall be considered an indivisible load for purposes of transportation under a single-trip permit if the combination of vehicles transporting the container under the permit does not exceed the maximum dimensions specified in Code sections 321.454 through 321.457; the container is sealed for international shipment and is either in route for export to a foreign country or in route to the container’s destination from a foreign country; documentation is carried in the vehicle, in written or electronic form, that ties the container being moved to the container listed in the documentation using the unique container number marked on the container; and the container’s contents are exclusively raw forest products. The bill requires the documentation carried in the vehicle to clearly state the foreign country of origin or destination, and to be provided to a peace officer upon request.
   The bill allows the DOT to issue annual permits authorizing a vehicle or combination of vehicles to transport divisible loads of raw forest products from fields to storage, processing, or other commercial facilities. The annual permit fee is $175. A vehicle or combination of vehicles for which a permit is issued under the bill may exceed the maximum weights set forth under Code section 321.463 if the gross weight on any one axle does not exceed the limitations specified in Code section 321E.7. Code section 321E.7 limits the gross weight on any one axle to 20,000 pounds and the gross weight on any one tandem axle having at least four tires to 46,000 pounds. The bill prohibits a vehicle or combination of vehicles issued such a permit from exceeding the size limitations set forth in Code sections 321.454 through 321.457. The bill also prohibits a vehicle or combination of vehicles for which a permit is issued under the bill from traveling on any portion of the interstate highway system. The bill provides that such a permit issued by the DOT is valid for operation on nonprimary highways if the local authority having jurisdiction over the nonprimary highway has approved the route within the local authority’s jurisdiction used by the vehicle or combination of vehicles traveling under the permit.
   The bill defines “raw forest products” to mean logs, pilings, posts, poles, cordwood products, wood chips, sawdust, pulpwood, intermediary lumber, fuel wood, mulch, tree bark, and Christmas trees not altered by a manufacturing process off the land, sawmill, or factory from which the products were taken.