H.F. 586 Section 1. Section 8B.4, subsection 17, Code 2021, is 1 amended by striking the subsection. 2 Sec. 2. NEW SECTION . 15E.167 Broadband forward and 3 telecommuter forward —— certifications. 4 1. As used in this section, unless the context requires 5 otherwise: 6 a. “Broadband” means the same as defined in section 8B.1. 7 b. “Broadband infrastructure” means the same as defined in 8 section 8B.1. 9 c. “Communications service provider” means a service 10 provider that provides broadband service. 11 d. “Political subdivision” means a city, county, or 12 township. 13 2. The authority shall establish the following 14 certification programs: 15 a. Broadband forward certification, with the objective of 16 encouraging political subdivisions to further develop broadband 17 infrastructure and access to broadband. 18 b. Telecommuter forward certification, with the objective 19 of encouraging political subdivisions to further develop and 20 promote the availability of telecommuting. 21 3. To obtain broadband forward certification, a political 22 subdivision shall submit to the authority, on forms prescribed 23 by the authority by rule, an application indicating the 24 following: 25 a. The political subdivision’s support and commitment to 26 promote the availability of broadband. 27 b. Existing or proposed ordinances encouraging the 28 further development of broadband infrastructure and access to 29 broadband. 30 c. Efforts to secure local funding for the further 31 development of broadband infrastructure and access to 32 broadband. 33 d. A single point of contact for all matters related to 34 broadband and broadband infrastructure. 35 -1- LSB 1134HV (3) 89 jda/rn 1/ 6

H.F. 586 4. A single point of contact designated in an application 1 submitted pursuant to subsection 3 shall be responsible for all 2 of the following: 3 a. Coordination and partnership with the authority, 4 communications service providers, realtors, economic 5 development professionals, employers, employees, and other 6 broadband stakeholders. 7 b. Collaboration with the authority, communication service 8 providers, and employers to identify, develop, and market 9 broadband packages available in the political subdivision. 10 c. Familiarity with broadband mapping tools and other 11 state-level resources. 12 d. Maintaining regular communication with the authority. 13 e. Providing to the political subdivision regular reports 14 regarding the availability of broadband in the political 15 subdivision. 16 5. A political subdivision that the authority has certified 17 as a broadband forward community under subsection 3 shall not 18 do any of the following: 19 a. Require an applicant to designate a final contractor to 20 complete a broadband infrastructure project. 21 b. Impose a fee to review an application or issue a permit 22 for a broadband infrastructure application in excess of one 23 hundred dollars. 24 c. Impose a moratorium of any kind on the approval 25 of applications and issuance of permits for broadband 26 infrastructure projects or on construction related to broadband 27 infrastructure. 28 d. Discriminate among communications service providers, 29 or public utilities with respect to any action described in 30 this section or otherwise related to broadband infrastructure, 31 including granting access to public rights-of-way, 32 infrastructure and poles, river and bridge crossings, or any 33 other physical assets owned or controlled by the political 34 subdivision. 35 -2- LSB 1134HV (3) 89 jda/rn 2/ 6

H.F. 586 e. As a condition for approving an application or issuing a 1 permit for a broadband infrastructure project or for any other 2 purpose, require the applicant to do any of the following: 3 (1) Provide any service or make available any part of the 4 broadband infrastructure to the political subdivision. 5 (2) Except for the fee allowed under paragraph “b” of this 6 subsection, make any payment to or on behalf of the political 7 subdivision. 8 6. To obtain telecommuter forward certification, a 9 political subdivision shall submit to the authority, on forms 10 prescribed by the authority by rule, an application indicating 11 the following: 12 a. The political subdivision’s support and commitment to 13 promote the availability of telecommuting options. 14 b. Existing or proposed ordinances encouraging the further 15 development of telecommuting options. 16 c. Efforts to secure local funding for the further 17 development of telecommuting options. 18 d. A single point of contact for coordinating telecommuting 19 opportunities and options: 20 7. A single point of contact designated in an application 21 submitted pursuant to subsection 6 shall be responsible for all 22 of the following: 23 a. Coordination and partnership with the authority, 24 communications service providers, realtors, economic 25 development professionals, employers, employees, and other 26 telecommuting stakeholders. 27 b. Collaboration with the authority, communication service 28 providers, and employers to identify, develop, and market 29 telecommuter-capable broadband packages available in the 30 political subdivision. 31 c. Promotion of telecommuter-friendly workspaces, such 32 as business incubators with telecommuting spaces, if such a 33 workspace has been established in the political subdivision at 34 the time the political subdivision submits the application. 35 -3- LSB 1134HV (3) 89 jda/rn 3/ 6

H.F. 586 d. Familiarity with broadband mapping tools and other 1 state-level resources. 2 e. Maintaining regular communication with the authority. 3 f. Providing to the political subdivision regular reports 4 regarding the availability of telecommuting options in the 5 political subdivision. 6 8. The authority shall develop criteria for evaluating an 7 application for both forms of certification and the awarding 8 of certificates. The criteria shall take into account, at 9 a minimum, the applicant’s individual circumstances and the 10 economic goals of the applicant. The authority shall consult 11 with local government entities and local economic development 12 officials when evaluating an application. 13 9. The authority shall adopt rules pursuant to chapter 17A 14 for the implementation of this section. 15 Sec. 3. NEW SECTION . 306.48 Fiberoptic network conduit 16 installation program. 17 1. For purposes of this section: 18 a. “Fiberoptic network conduit” means a pipe, vault, 19 or duct used to enclose fiberoptic cable facilities buried 20 alongside a roadway or surface mounted on a bridge, overpass, 21 or other facility where placement below ground is impossible 22 or impractical. “Fiberoptic network conduit” does not include 23 electronics or cable. 24 b. “Public funding” does not include a tax exemption 25 authorized under section 427.1, subsection 40. 26 c. “Where such conduit does not exist” means that private 27 or publicly owned fiberoptic cable is not currently within a 28 linear range of five hundred feet or less in any one direction. 29 2. The department shall lead and coordinate a program to 30 provide for the installation of fiberoptic network conduit 31 where such conduit does not exist. The department shall 32 consult and coordinate with applicable agencies and entities, 33 including the office of the chief information officer, the 34 economic development authority, county boards of supervisors, 35 -4- LSB 1134HV (3) 89 jda/rn 4/ 6

H.F. 586 municipal governing bodies, the farm-to-market review board, 1 county conservation boards, and the boards, commissions, or 2 agencies in control of state parks, as determined appropriate 3 to ensure that the opportunity is provided to lay or install 4 fiberoptic network conduit wherever a construction project 5 utilizing public funding involves opening of the ground 6 alongside a primary road. 7 3. The department may contract with a nongovernmental 8 third party to manage, lease, install, or otherwise provide 9 fiberoptic network conduit access for projects described in 10 this section. This section does not require coordination with 11 or approval from the department pursuant to this program or 12 installation of fiberoptic conduit as required by this section 13 for construction projects not using public funding. 14 4. To facilitate the installation of fiberoptic network 15 conduit where such conduit does not exist, the department shall 16 maintain an up-to-date list of construction projects utilizing 17 public funding that involve the opening of the ground alongside 18 a primary road and shall publish the list on the department’s 19 internet site. 20 Sec. 4. REPEAL. Section 8B.25, Code 2021, is repealed. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 This bill relates to the development and utilization 25 of high-speed electronic transmission mediums, including 26 certifications to be issued by the economic development 27 authority and the fiberoptic conduit installation program. 28 The bill requires the authority to establish a broadband 29 forward certification program and a telecommuter forward 30 certification program. The bill provides application 31 requirements for each program. The objective of the broadband 32 forward certification program is to encourage political 33 subdivisions to further develop broadband infrastructure and 34 access to broadband. The bill limits the activities of a 35 -5- LSB 1134HV (3) 89 jda/rn 5/ 6

H.F. 586 political subdivision that has been certified as a broadband 1 forward community with respect to broadband infrastructure 2 projects. The objective of the telecommuter forward 3 certification program is to encourage political subdivisions to 4 further develop and promote the availability of telecommuting. 5 The bill requires the authority to develop criteria for 6 evaluating applications for broadband forward certification 7 and telecommuter forward certification. The bill provides 8 that such criteria shall take into account the applicant’s 9 individual circumstances and economic goals. The bill 10 additionally provides that the authority shall consult with 11 local government entities and local economic development 12 officials when evaluating an application. 13 The bill repeals the fiberoptic network conduit installation 14 program under the authority of the office of the chief 15 information officer and reestablishes the program under the 16 purview of the department of transportation. The fiberoptic 17 network conduit installation program provides that the 18 department of transportation is to administer a program related 19 to the installation of fiberoptic network conduit where such 20 conduit does not exist. More specifically, the department 21 is to coordinate with applicable agencies and entities to 22 ensure there is an opportunity to install fiberoptic network 23 conduit during certain projects. The bill also requires the 24 department to maintain and publish on its internet site a list 25 of construction projects utilizing public funding that involve 26 opening the ground alongside a private road. 27 -6- LSB 1134HV (3) 89 jda/rn 6/ 6