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    CHAPTER 121Public utilities — fees for use of public rights-of-wayH.F. 537AN ACT relating to the imposition of certain fees on public utilities for the use of public rights-of-way.Be It Enacted by the General Assembly of the State of Iowa:   Section 1.   Section 480A.2, subsection 2, Code 2019, is amended to read as follows:   2.  “Management costs” means the reasonable, direct, and fully documented costs a local government actually incurs in managing to manage public rights-of-way.   Sec. 2.   Section 480A.3, Code 2019, is amended to read as follows:   480A.3  Fees.   1.  A local government shall not recover any fee from a public utility for the use of its available right-of-way, other than a permit fee for its management costs attributable to the public utility’s requested use of the local government’s right-of-way. A local government may recover from a public utility only those management costs caused by the public utility’s activity in the public right-of-way. A fee or other obligation under this section shall be imposed on a competitively neutral basis. When a local government’s management costs cannot be attributed to only one entity, those costs shall be allocated among all users of the public rights-of-way, including the local government itself. The allocation shall reflect proportionately the costs incurred by the local government as a result of the various types of uses of the public rights-of-way.   2.  This section does not prohibit:   a.  Prohibit the collection of a franchise fee as permitted in section 480A.6.   b.  Prohibit voluntary agreements between a public utility and local government to share services for the purpose of reducing costs and preserving public rights-of-way for future public safety purposes.   Sec. 3.   Section 480A.4, Code 2019, is amended to read as follows:   480A.4  In-kind services.   A local government, in lieu of a fee imposed under this chapter, shall not require in-kind services by a public utility right-of-way user, or require in-kind services as a condition of the use of the local government’s public right-of-way, unless pursuant to a voluntary agreement between a public utility and local government to share services for the purpose of reducing costs and preserving public rights-of-way for future public safety purposes.Approved May 10, 2019