House File 2459 - Introduced HOUSE FILE 2459 BY COMMITTEE ON INFORMATION TECHNOLOGY (SUCCESSOR TO HSB 621) A BILL FOR An Act relating to the financing of the construction or repair 1 of works or facilities used to provide telecommunications 2 services. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5432HV (2) 89 es/rn
H.F. 2459 Section 1. Section 28F.1, subsection 1, Code 2022, is 1 amended to read as follows: 2 1. This chapter provides a means for the joint financing 3 by public agencies of works or facilities useful and necessary 4 for the collection, treatment, purification, and disposal 5 in a sanitary manner of liquid and solid waste, sewage, 6 and industrial waste, facilities used for the conversion of 7 solid waste to energy, works or facilities useful for the 8 operation of a telecommunications system or the provision 9 of telecommunications services, gasworks and facilities 10 useful for the delivery of natural gas service, and also 11 electric power facilities constructed within the state of 12 Iowa, except that hydroelectric power facilities may also be 13 located in the waters and on the dams of or on land adjacent 14 to either side of the Mississippi or Missouri river bordering 15 the state of Iowa, water supply systems, swimming pools 16 or golf courses. This chapter applies to the acquisition, 17 construction, reconstruction, ownership, operation, repair, 18 extension, or improvement of such works or facilities, by a 19 separate administrative or legal entity created pursuant to 20 chapter 28E or chapter 389 . When the legal entity created 21 under this chapter is comprised solely of cities, counties, 22 and sanitary districts established under chapter 358 , or any 23 combination thereof or any combination of the foregoing with 24 other public agencies, the entity shall be both a corporation 25 and a political subdivision with the name under which it was 26 organized. The legal entity may sue and be sued, contract, 27 acquire and hold real and personal property necessary for 28 corporate purposes, adopt a corporate seal and alter the seal 29 at pleasure, and execute all the powers conferred in this 30 chapter . 31 Sec. 2. Section 384.24, subsection 3, Code 2022, is amended 32 by adding the following new paragraph: 33 NEW PARAGRAPH . y. The construction, reconstruction, and 34 repair of fiberoptic network conduit as defined in section 35 -1- LSB 5432HV (2) 89 es/rn 1/ 2
H.F. 2459 8B.25, and the acquisition of real estate interests needed for 1 such purposes. A city shall comply with 47 U.S.C. §253 and 2 332 and shall provide nondiscriminatory access to fiberoptic 3 network conduit owned or leased by the city to provide 4 telecommunications services. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill relates to the financing of the construction 9 or repair of works or facilities used to provide 10 telecommunications services. 11 The bill permits joint financing under Code chapter 12 28F for works or facilities useful for the operation 13 of a telecommunications system or the provision of 14 telecommunications services. 15 The bill provides that the definition of “essential 16 corporate purpose” contained in Code section 384.24 shall 17 include the construction, reconstruction, and repair of 18 fiberoptic network conduit and the acquisition of real estate 19 interests needed for such purposes. The bill provides that 20 “fiberoptic network conduit” means as defined in Code section 21 8B.25 to include a pipe, vault, or duct used to enclose 22 fiberoptic cable facilities buried alongside a roadway or 23 surface mounted on a bridge, overpass, or other facility 24 where placement below ground is impossible or impractical but 25 not including electronics or cable. The bill provides in 26 the definition that a city shall comply with 47 U.S.C. §253 27 regarding removal of barriers to entry and 47 U.S.C. §332 28 regarding mobile services and shall provide nondiscriminatory 29 access to fiberoptic network conduit owned or leased by the 30 city to provide telecommunications services. 31 -2- LSB 5432HV (2) 89 es/rn 2/ 2