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Senate File 2189 - IntroducedA Bill ForAn Act 1relating to public utility access to public road
2rights-of-way.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 306.46, subsection 1, Code 2022, is
2amended to read as follows:
31. A public utility may construct, operate, repair,
4or maintain its utility facilities within a public road
5right-of-way. An agency, as defined in section 306.2, shall
6not require a public utility to place its utility facilities
7within an agency-owned conduit as a condition of accessing
8a public road right-of-way. The location of new utility
9facilities shall comply with section 318.9. A utility facility
10shall not be constructed or installed in a manner that causes
11interference with public use of the road. An agency shall
12provide nondiscriminatory access to a public road right-of-way
13and to an agency-owned conduit for purposes of public
14utilities’ broadband deployment.
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
18This bill prohibits a governmental body which exercises
19jurisdiction over roadways (agency) from requiring a public
20utility to place utility facilities within an agency-owned
21conduit as a condition of accessing a public road. An agency
22in control of a road must provide nondiscriminatory access
23to the road and nondiscriminatory access to an agency-owned
24conduit for projects related to broadband infrastructure.
25Current law is silent as to whether an agency can require a
26public utility to use an agency’s conduit as a condition of
27accessing a public road.
-1-es/rn
2rights-of-way.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 306.46, subsection 1, Code 2022, is
2amended to read as follows:
31. A public utility may construct, operate, repair,
4or maintain its utility facilities within a public road
5right-of-way. An agency, as defined in section 306.2, shall
6not require a public utility to place its utility facilities
7within an agency-owned conduit as a condition of accessing
8a public road right-of-way. The location of new utility
9facilities shall comply with section 318.9. A utility facility
10shall not be constructed or installed in a manner that causes
11interference with public use of the road. An agency shall
12provide nondiscriminatory access to a public road right-of-way
13and to an agency-owned conduit for purposes of public
14utilities’ broadband deployment.
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
18This bill prohibits a governmental body which exercises
19jurisdiction over roadways (agency) from requiring a public
20utility to place utility facilities within an agency-owned
21conduit as a condition of accessing a public road. An agency
22in control of a road must provide nondiscriminatory access
23to the road and nondiscriminatory access to an agency-owned
24conduit for projects related to broadband infrastructure.
25Current law is silent as to whether an agency can require a
26public utility to use an agency’s conduit as a condition of
27accessing a public road.
-1-es/rn