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House Study Bill 53 - IntroducedA Bill ForAn Act 1relating to the development and utilization of
2high-speed electronic transmission mediums.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 8B.4, subsection 17, Code 2021, is
2amended by striking the subsection.
3 Sec. 2. NEW SECTION. 15E.167 Broadband forward and
4telecommuter forward — certifications.
51. As used in this section, unless the context requires
6otherwise:
7a. “Broadband” means the same as defined in section 8B.1.
8b. “Broadband infrastructure” means the same as defined in
9section 8B.1.
10c. “Political subdivision” means a city, county, or
11township.
122. The authority shall establish the following
13certification programs:
14a. Broadband forward certification, with the objective of
15encouraging political subdivisions to further develop broadband
16infrastructure and access to broadband.
17b. Telecommuter forward certification, with the objective
18of encouraging political subdivisions to further develop and
19promote the availability of telecommuting.
203. To obtain broadband forward certification or
21telecommuter forward certification, a political subdivision
22shall submit an application to the authority on forms
23prescribed by the authority by rule.
244. The authority shall develop criteria for evaluating an
25application for both forms of certification and the awarding
26of certificates. The criteria shall take into account, at
27a minimum, the applicant’s individual circumstances and the
28economic goals of the applicant. The authority shall consult
29with local government entities and local economic development
30officials when evaluating an application.
315. The authority shall adopt rules pursuant to chapter 17A
32for the implementation of this section.
33 Sec. 3. NEW SECTION. 306.48 Fiberoptic network conduit
34installation program.
351. For purposes of this section:
-1- 1a. “Fiberoptic network conduit” means a pipe, vault,
2or duct used to enclose fiberoptic cable facilities buried
3alongside a roadway or surface mounted on a bridge, overpass,
4or other facility where placement below ground is impossible
5or impractical. “Fiberoptic network conduit” does not include
6electronics or cable.
7b. “Public funding” does not include a tax exemption
8authorized under section 427.1, subsection 40.
9c. “Where such conduit does not exist” means that private
10or publicly owned fiberoptic cable is not currently within a
11linear range of five hundred feet or less in any one direction.
122. The department shall lead and coordinate a program to
13provide for the installation of fiberoptic network conduit
14where such conduit does not exist. The department shall
15consult and coordinate with applicable agencies and entities,
16including the office of the chief information officer, the
17economic development authority, county boards of supervisors,
18municipal governing bodies, the farm-to-market review board,
19county conservation boards, and the boards, commissions, or
20agencies in control of state parks, as determined appropriate
21to ensure that the opportunity is provided to lay or install
22fiberoptic network conduit wherever a construction project
23utilizing public funding involves opening of the ground
24alongside a primary road.
253. The department may contract with a nongovernmental
26third party to manage, lease, install, or otherwise provide
27fiberoptic network conduit access for projects described in
28this section. This section does not require coordination with
29or approval from the department pursuant to this program or
30installation of fiberoptic conduit as required by this section
31for construction projects not using public funding.
324. To facilitate the installation of fiberoptic network
33conduit where such conduit does not exist, the department shall
34maintain an up-to-date list of construction projects utilizing
35public funding that involve the opening of the ground alongside
-2-1a primary road and shall publish the list on the department’s
2internet site.
3 Sec. 4. REPEAL. Section 8B.25, Code 2021, is repealed.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
7This bill relates to the development and utilization
8of high-speed electronic transmission mediums, including
9certifications to be issued by the economic development
10authority and the fiberoptic conduit installation program.
11The bill requires the authority to establish a broadband
12forward certification program and a telecommuter forward
13certification program. The objective of the broadband forward
14certification program is to encourage political subdivisions
15to further develop broadband infrastructure and access
16to broadband. The objective of the telecommuter forward
17certification program is to encourage political subdivisions to
18further develop and promote the availability of telecommuting.
19The bill provides that a political subdivision is to apply
20to the authority for broadband forward certification or
21telecommuter forward certification on forms prescribed by the
22authority by rule. The bill requires the authority to develop
23criteria for evaluating applications for broadband forward
24certification and telecommuter forward certification. The
25bill provides that such criteria shall take into account the
26applicant’s individual circumstances and economic goals. The
27bill additionally provides that the authority shall consult
28with local government entities and local economic development
29officials when evaluating an application.
30The bill repeals the fiberoptic network conduit installation
31program under the authority of the office of the chief
32information officer and reestablishes the program under the
33purview of the department of transportation. The fiberoptic
34network conduit installation program provides that the
35department of transportation is to administer a program related
-3-1to the installation of fiberoptic network conduit where such
2conduit does not exist. More specifically, the department
3is to coordinate with applicable agencies and entities to
4ensure there is an opportunity to install fiberoptic network
5conduit during certain projects. The bill also requires the
6department to maintain and publish on its internet site a list
7of construction projects utilizing public funding that involve
8opening the ground alongside a private road.
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2high-speed electronic transmission mediums.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 8B.4, subsection 17, Code 2021, is
2amended by striking the subsection.
3 Sec. 2. NEW SECTION. 15E.167 Broadband forward and
4telecommuter forward — certifications.
51. As used in this section, unless the context requires
6otherwise:
7a. “Broadband” means the same as defined in section 8B.1.
8b. “Broadband infrastructure” means the same as defined in
9section 8B.1.
10c. “Political subdivision” means a city, county, or
11township.
122. The authority shall establish the following
13certification programs:
14a. Broadband forward certification, with the objective of
15encouraging political subdivisions to further develop broadband
16infrastructure and access to broadband.
17b. Telecommuter forward certification, with the objective
18of encouraging political subdivisions to further develop and
19promote the availability of telecommuting.
203. To obtain broadband forward certification or
21telecommuter forward certification, a political subdivision
22shall submit an application to the authority on forms
23prescribed by the authority by rule.
244. The authority shall develop criteria for evaluating an
25application for both forms of certification and the awarding
26of certificates. The criteria shall take into account, at
27a minimum, the applicant’s individual circumstances and the
28economic goals of the applicant. The authority shall consult
29with local government entities and local economic development
30officials when evaluating an application.
315. The authority shall adopt rules pursuant to chapter 17A
32for the implementation of this section.
33 Sec. 3. NEW SECTION. 306.48 Fiberoptic network conduit
34installation program.
351. For purposes of this section:
-1- 1a. “Fiberoptic network conduit” means a pipe, vault,
2or duct used to enclose fiberoptic cable facilities buried
3alongside a roadway or surface mounted on a bridge, overpass,
4or other facility where placement below ground is impossible
5or impractical. “Fiberoptic network conduit” does not include
6electronics or cable.
7b. “Public funding” does not include a tax exemption
8authorized under section 427.1, subsection 40.
9c. “Where such conduit does not exist” means that private
10or publicly owned fiberoptic cable is not currently within a
11linear range of five hundred feet or less in any one direction.
122. The department shall lead and coordinate a program to
13provide for the installation of fiberoptic network conduit
14where such conduit does not exist. The department shall
15consult and coordinate with applicable agencies and entities,
16including the office of the chief information officer, the
17economic development authority, county boards of supervisors,
18municipal governing bodies, the farm-to-market review board,
19county conservation boards, and the boards, commissions, or
20agencies in control of state parks, as determined appropriate
21to ensure that the opportunity is provided to lay or install
22fiberoptic network conduit wherever a construction project
23utilizing public funding involves opening of the ground
24alongside a primary road.
253. The department may contract with a nongovernmental
26third party to manage, lease, install, or otherwise provide
27fiberoptic network conduit access for projects described in
28this section. This section does not require coordination with
29or approval from the department pursuant to this program or
30installation of fiberoptic conduit as required by this section
31for construction projects not using public funding.
324. To facilitate the installation of fiberoptic network
33conduit where such conduit does not exist, the department shall
34maintain an up-to-date list of construction projects utilizing
35public funding that involve the opening of the ground alongside
-2-1a primary road and shall publish the list on the department’s
2internet site.
3 Sec. 4. REPEAL. Section 8B.25, Code 2021, is repealed.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
7This bill relates to the development and utilization
8of high-speed electronic transmission mediums, including
9certifications to be issued by the economic development
10authority and the fiberoptic conduit installation program.
11The bill requires the authority to establish a broadband
12forward certification program and a telecommuter forward
13certification program. The objective of the broadband forward
14certification program is to encourage political subdivisions
15to further develop broadband infrastructure and access
16to broadband. The objective of the telecommuter forward
17certification program is to encourage political subdivisions to
18further develop and promote the availability of telecommuting.
19The bill provides that a political subdivision is to apply
20to the authority for broadband forward certification or
21telecommuter forward certification on forms prescribed by the
22authority by rule. The bill requires the authority to develop
23criteria for evaluating applications for broadband forward
24certification and telecommuter forward certification. The
25bill provides that such criteria shall take into account the
26applicant’s individual circumstances and economic goals. The
27bill additionally provides that the authority shall consult
28with local government entities and local economic development
29officials when evaluating an application.
30The bill repeals the fiberoptic network conduit installation
31program under the authority of the office of the chief
32information officer and reestablishes the program under the
33purview of the department of transportation. The fiberoptic
34network conduit installation program provides that the
35department of transportation is to administer a program related
-3-1to the installation of fiberoptic network conduit where such
2conduit does not exist. More specifically, the department
3is to coordinate with applicable agencies and entities to
4ensure there is an opportunity to install fiberoptic network
5conduit during certain projects. The bill also requires the
6department to maintain and publish on its internet site a list
7of construction projects utilizing public funding that involve
8opening the ground alongside a private road.
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