H.F. _____ Section 1. Section 26.2, subsection 3, paragraph b, 1 subparagraph (5), Code 2026, is amended to read as follows: 2 (5) Construction , equipment, or repair or maintenance work 3 acquired by or performed for a city utility under chapter 388 4 when such construction or work is performed by its employees or 5 when such work relates to , or such construction, equipment, or 6 work relates to an electric generation or transmission project, 7 existing utility infrastructure , or establishing connections 8 to existing utility infrastructure. For purposes of this 9 subparagraph, “utility infrastructure” includes facilities used 10 for the storage, collection, disposal, treatment, generation, 11 transmission, or distribution of water, sewage, waste, 12 electricity, gas, or telecommunications service. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill revises the definition of “public improvement” for 17 purposes of Code chapter 26 (public construction bidding) to 18 exclude equipment acquired by a city utility when the equipment 19 relates to an electric generation or transmission project, 20 existing utility infrastructure, or establishing connections 21 to existing utility infrastructure. The bill also excludes 22 from the definition construction or repair or maintenance work 23 performed for a city utility when the construction or work is 24 related to an electric generation or transmission project. 25 By operation of law, the bill affects the term “public 26 improvement” as used in Code chapter 26A (guaranteed maximum 27 price contracts) and in Code sections 8.46 (lease-purchase 28 reporting); 260C.38 (community college lease-purchase 29 contracts); 278.1 (school district lease-purchase contracts); 30 297.7 (construction, renovation, and repair of school 31 buildings); 298.3 (school district levy revenue); 331.341 32 (county board of supervisors contracts); 364.4 (city 33 lease-purchase contracts); and 384.20 (city finance accounts). 34 -1- LSB 5851YC (2) 91 sc/js 1/ 1