S.F. 2164 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 3 work performed for a city utility under chapter 388 when such 4 work is performed by its employees , relates to an electric 5 generation or transmission project, or when such work relates 6 to existing utility infrastructure or establishing connections 7 to existing utility infrastructure. For purposes of this 8 subparagraph, “utility infrastructure” includes facilities used 9 for the storage, collection, disposal, treatment, generation, 10 transmission, or distribution of water, sewage, waste, 11 electricity, gas, or telecommunications service. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 This bill revises the definition of “public improvement” for 16 purposes of Code chapter 26 (public construction bidding) to 17 exclude equipment. The bill also excludes from the definition 18 repair or maintenance work performed for a city utility when 19 the work is related to an electric generation or transmission 20 project. 21 By operation of law, the bill affects the term “public 22 improvement” as used in Code chapter 26A (guaranteed maximum 23 price contracts) and in Code sections 8.46 (lease-purchase 24 reporting); 260C.38 (community college lease-purchase 25 contracts); 278.1 (school district lease-purchase contracts); 26 297.7 (construction, renovation, and repair of school 27 buildings); 298.3 (school district levy revenue); 331.341 28 (county board of supervisors contracts); 364.4 (city 29 lease-purchase contracts); and 384.20 (city finance accounts). 30 -1- LSB 5895XS (2) 91 sc/js 1/ 1