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House File 537 - EnrolledAn Actrelating 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. Prohibitthe 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
-1-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.
______________________________
LINDA UPMEYERSpeaker of the House______________________________
CHARLES SCHNEIDERPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 537, Eighty-eighth General Assembly.______________________________
CARMINE BOALChief Clerk of the HouseApproved _______________, 2019______________________________
KIM REYNOLDSGovernorgh/rn
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. Prohibitthe 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
-1-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.
______________________________
LINDA UPMEYERSpeaker of the House______________________________
CHARLES SCHNEIDERPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 537, Eighty-eighth General Assembly.______________________________
CARMINE BOALChief Clerk of the HouseApproved _______________, 2019______________________________
KIM REYNOLDSGovernorgh/rn