H.F. 2035 Section 1. Section 306.46, subsection 1, Code 2022, is 1 amended to read as follows: 2 1. A public utility may construct, operate, repair, 3 or maintain its utility facilities within a public road 4 right-of-way. An agency, as defined in section 306.2, shall 5 not require a public utility to place its utility facilities 6 within an agency-owned conduit as a condition of accessing 7 a public road right-of-way. The location of new utility 8 facilities shall comply with section 318.9 . A utility facility 9 shall not be constructed or installed in a manner that causes 10 interference with public use of the road. An agency shall 11 provide nondiscriminatory access to a public road right-of-way 12 and to an agency-owned conduit for purposes of public 13 utilities’ broadband deployment. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill prohibits a governmental body which exercises 18 jurisdiction over roadways (agency) from requiring a public 19 utility to place utility facilities within an agency-owned 20 conduit as a condition of accessing a public road. An agency 21 in control of a road must provide nondiscriminatory access 22 to the road and nondiscriminatory access to an agency-owned 23 conduit for projects related to broadband infrastructure. 24 Current law is silent as to whether an agency can require a 25 public utility to use an agency’s conduit as a condition of 26 accessing a public road. 27 -1- LSB 5369YH (1) 89 es/rn 1/ 1