Bill Text: IA HF2472 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to and providing for the facilitation of broadband access in unserved or underserved areas of the state, including income and property tax incentives for broadband infrastructure installation, and including retroactive applicability provisions. (Formerly HF 2329) (Formerly HSB 515)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2014-04-30 - Pursuant to Rule 73.6, motion to reconsider failed. H.J. 890. [HF2472 Detail]
Download: Iowa-2013-HF2472-Introduced.html
House
File
2472
-
Introduced
HOUSE
FILE
2472
BY
COMMITTEE
ON
WAYS
AND
MEANS
(SUCCESSOR
TO
HF
2329)
(SUCCESSOR
TO
HSB
515)
A
BILL
FOR
An
Act
relating
to
and
providing
for
the
facilitation
of
1
broadband
access
in
unserved
or
underserved
areas
of
the
2
state,
including
income
and
property
tax
incentives
for
3
broadband
infrastructure
installation,
and
including
4
retroactive
applicability
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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DIVISION
I
1
LEGISLATIVE
INTENT
2
Section
1.
SHORT
TITLE.
This
Act
shall
be
known
and
may
be
3
cited
as
the
“Connect
Every
Iowan
Act”.
4
Sec.
2.
LEGISLATIVE
INTENT.
The
general
assembly
finds
5
and
declares
that
increasing
the
extent
and
availability
of
6
broadband
infrastructure
throughout
the
state
facilitates
7
the
provision
of
internet
access
to
citizens,
businesses,
8
and
communities
at
speeds
that
promote
economic
development,
9
employment,
enhanced
access
to
goods
and
services,
increased
10
educational
and
training
opportunities,
faster
access
to
11
government
services
and
health
care,
and
improved
overall
12
information
and
community
access.
13
DIVISION
II
14
STATEWIDE
BROADBAND
COORDINATION
15
Sec.
3.
Section
8B.1,
Code
2014,
is
amended
by
adding
the
16
following
new
subsections:
17
NEW
SUBSECTION
.
01.
“Broadband”
means
a
high-speed,
18
high-capacity
electronic
transmission
medium
that
can
carry
19
data
signals
from
multiple
independent
network
sources
by
20
establishing
different
bandwidth
channels
and
that
is
commonly
21
used
to
deliver
internet
services
to
the
public.
22
NEW
SUBSECTION
.
001.
“Broadband
infrastructure”
means
23
the
physical
infrastructure
used
for
the
transmission
of
data
24
via
broadband,
including
but
not
limited
to
any
equipment,
25
systems,
switches,
routers,
wire,
cable,
satellite,
conduits,
26
servers,
software,
technology,
base
transceiver
station
27
sites,
or
other
means
of
transmission
or
communication.
28
“Broadband
infrastructure”
does
not
include
land,
buildings,
29
structures,
improvements,
or
equipment
not
directly
used
in
the
30
transmission
of
data.
31
NEW
SUBSECTION
.
0001.
“Communications
service
provider”
32
means
a
service
provider
that
provides
broadband
service.
33
NEW
SUBSECTION
.
00001.
“Crop
operation”
means
the
same
as
34
defined
in
section
717A.1.
35
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Sec.
4.
Section
8B.1,
subsection
1,
Code
2014,
is
amended
1
to
read
as
follows:
2
1.
“Information
technology”
means
computing
and
electronics
3
applications
used
to
process
and
distribute
information
in
4
digital
and
other
forms
and
includes
information
technology
5
devices,
information
technology
services,
infrastructure
6
services,
broadband
and
broadband
infrastructure,
and
7
value-added
services.
8
Sec.
5.
Section
8B.1,
Code
2014,
is
amended
by
adding
the
9
following
new
subsections:
10
NEW
SUBSECTION
.
7A.
“Targeted
underserved
service
area”
11
means
a
United
States
census
bureau
census
block
located
in
12
this
state,
including
any
crop
operation
located
within
the
13
census
block,
within
which
no
communications
service
provider
14
offers
or
facilitates
broadband
service
at
or
above
twenty-five
15
megabits
per
second
of
download
speed
and
three
megabits
per
16
second
of
upload
speed.
17
NEW
SUBSECTION
.
7B.
“Targeted
unserved
service
area”
means
18
a
United
States
census
bureau
census
block
located
in
this
19
state,
including
any
crop
operation
located
within
the
census
20
block,
within
which
no
communications
service
provider
offers
21
or
facilitates
broadband
service
at
or
above
four
megabits
per
22
second
of
download
speed
and
one
megabit
per
second
of
upload
23
speed.
24
Sec.
6.
Section
8B.3,
subsection
1,
Code
2014,
is
amended
25
to
read
as
follows:
26
1.
The
office
is
created
for
the
purpose
of
leading,
27
directing,
managing,
coordinating,
and
providing
accountability
28
for
the
information
technology
resources
of
state
government
29
and
for
coordinating
statewide
broadband
availability
and
30
access
.
31
Sec.
7.
Section
8B.4,
Code
2014,
is
amended
by
adding
the
32
following
new
subsection:
33
NEW
SUBSECTION
.
14A.
Streamline,
consolidate,
and
34
coordinate
the
access
to
and
availability
of
broadband
and
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broadband
infrastructure
throughout
the
state,
including
but
1
not
limited
to
the
facilitation
of
public-private
partnerships,
2
ensuring
that
all
state
agencies’
broadband
and
broadband
3
infrastructure
policies
and
procedures
are
aligned,
promoting
4
accountability
regarding
broadband
and
broadband
infrastructure
5
availability
and
access,
integrating
broadband
with
cyber
6
security
standards
and
rules,
resolving
issues
which
arise
7
with
regard
to
implementation
efforts,
collecting
data
and
8
developing
metrics
or
standards
against
which
the
data
may
9
be
measured
and
evaluated
regarding
broadband
infrastructure
10
installation
and
deployment,
and
identifying
options
regarding
11
the
creation
of
standing
resources
for
stakeholders
such
12
as
a
fiberoptic
database
or
a
fiberoptic
network
conduit
13
installation
coordination
effort
for
state-funded
construction
14
projects.
15
Sec.
8.
Section
8B.9,
Code
2014,
is
amended
by
adding
the
16
following
new
subsection:
17
NEW
SUBSECTION
.
5.
An
annual
report
regarding
the
status
of
18
broadband
expansion
and
coordination.
19
Sec.
9.
NEW
SECTION
.
8B.10
Targeted
unserved
and
20
underserved
service
areas
——
determination
——
criteria
——
21
subdivision.
22
1.
The
determination
of
whether
a
communications
service
23
provider
offers
or
facilitates
broadband
service
meeting
the
24
download
or
upload
speeds
specified
in
the
definitions
of
25
targeted
underserved
service
area
and
targeted
unserved
service
26
area
in
section
8B.1
shall
be
determined
or
ascertained
by
27
reference
to
broadband
availability
maps
or
data
sources
that
28
are
widely
accepted
for
accuracy
and
available
for
public
29
review
and
comment
and
that
are
identified
by
the
office
by
30
rule.
31
2.
The
office
shall
establish
procedures
to
allow
32
challenges
to
claims
that
an
area
meets
the
definition
of
a
33
targeted
unserved
service
area
or
targeted
underserved
service
34
area.
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3.
Service
areas
that
have
more
than
one
communications
1
service
provider
shall
be
subdivided
based
on
incumbent
local
2
telephone
exchange
areas
that
have
been
established
by
the
3
utilities
board
of
the
utilities
division
of
the
department
of
4
commerce
pursuant
to
section
476.29.
5
Sec.
10.
NEW
SECTION
.
8B.25
Broadband
permitting
process
6
——
expeditious
response.
7
Notwithstanding
any
other
provision
to
the
contrary,
a
8
political
subdivision
vested
with
permitting
authority
shall
9
approve,
approve
with
modification,
or
disapprove
nonwireless
10
broadband-related
permits
within
sixty
business
days
following
11
the
submission
of
a
permit
application
and
fee.
In
the
event
12
that
no
action
is
taken
during
the
sixty-day
period,
the
13
application
shall
be
deemed
approved.
14
Sec.
11.
Section
8D.3,
subsection
2,
paragraph
a,
Code
2014,
15
is
amended
to
read
as
follows:
16
a.
The
commission
is
composed
of
the
chief
information
17
officer
appointed
pursuant
to
section
8B.2
or
the
chief
18
information
officer’s
designee
and
five
other
members
who
shall
19
be
appointed
by
the
governor
and
subject
to
confirmation
by
the
20
senate.
Members
Appointed
members
of
the
commission
shall
not
21
serve
in
any
manner
or
be
employed
by
an
authorized
user
of
the
22
network
or
by
an
entity
seeking
to
do
or
doing
business
with
23
the
network.
24
(1)
The
governor
shall
appoint
a
member
as
the
chairperson
25
of
the
commission
from
the
five
members
appointed
by
the
26
governor,
subject
to
confirmation
by
the
senate.
27
(2)
Members
Appointed
members
of
the
commission
shall
serve
28
six-year
staggered
terms
as
designated
by
the
governor
and
29
appointments
to
the
commission
are
subject
to
the
requirements
30
of
sections
69.16
,
69.16A
,
and
69.19
.
Vacancies
shall
be
31
filled
by
the
governor
for
the
duration
of
the
unexpired
term.
32
(3)
The
salary
of
the
appointed
members
of
the
commission
33
shall
be
twelve
thousand
dollars
per
year,
except
that
the
34
salary
of
the
chairperson
shall
be
seventeen
thousand
dollars
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per
year.
Members
Appointed
members
of
the
commission
shall
1
also
be
reimbursed
for
all
actual
and
necessary
expenses
2
incurred
in
the
performance
of
duties
as
members.
The
benefits
3
and
salary
paid
to
the
appointed
members
of
the
commission
4
shall
be
adjusted
annually
equal
to
the
average
of
the
annual
5
pay
adjustments,
expense
reimbursements,
and
related
benefits
6
provided
under
collective
bargaining
agreements
negotiated
7
pursuant
to
chapter
20
.
8
Sec.
12.
Section
8D.3,
subsection
2,
paragraph
b,
Code
2014,
9
is
amended
to
read
as
follows:
10
b.
In
addition
to
the
members
appointed
by
the
governor,
the
11
The
auditor
of
state
or
the
auditor’s
designee
shall
serve
as
a
12
nonvoting,
ex
officio
member
of
the
commission.
13
Sec.
13.
Section
8D.4,
Code
2014,
is
amended
to
read
as
14
follows:
15
8D.4
Executive
director
appointed.
16
The
commission
,
in
consultation
with
the
director
of
17
the
department
of
administrative
services
and
the
chief
18
information
officer,
shall
appoint
an
executive
director
of
19
the
commission,
subject
to
confirmation
by
the
senate.
Such
20
individual
shall
not
serve
as
a
member
of
the
commission.
21
The
executive
director
shall
serve
at
the
pleasure
of
the
22
commission.
The
executive
director
shall
be
selected
primarily
23
for
administrative
ability
and
knowledge
in
the
field,
without
24
regard
to
political
affiliation.
The
governor
shall
establish
25
the
salary
of
the
executive
director
within
range
nine
as
26
established
by
the
general
assembly.
The
salary
and
support
of
27
the
executive
director
shall
be
paid
from
funds
deposited
in
28
the
Iowa
communications
network
fund.
29
Sec.
14.
Section
80.28,
subsection
2,
Code
2014,
is
amended
30
to
read
as
follows:
31
2.
The
board
shall
consist
of
fifteen
seventeen
voting
32
members,
as
follows:
33
a.
The
following
members
representing
state
agencies:
34
(1)
One
member
representing
the
department
of
public
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safety.
1
(2)
One
member
representing
the
state
department
of
2
transportation.
3
(3)
One
member
representing
the
department
of
homeland
4
security
and
emergency
management.
5
(4)
One
member
representing
the
department
of
corrections.
6
(5)
One
member
representing
the
department
of
natural
7
resources.
8
(6)
One
member
representing
the
Iowa
department
of
public
9
health.
10
(7)
One
member
representing
the
office
of
the
chief
11
information
officer.
12
b.
The
governor
shall
solicit
and
consider
recommendations
13
from
professional
or
volunteer
organizations
in
appointing
the
14
following
members:
15
(1)
Two
members
who
are
representatives
from
municipal
16
police
departments.
17
(2)
Two
members
who
are
representatives
of
sheriff’s
18
offices.
19
(3)
Two
members
who
are
representatives
from
fire
20
departments.
One
of
the
members
shall
be
a
volunteer
fire
21
fighter
and
the
other
member
shall
be
a
paid
fire
fighter.
22
(4)
Two
members
who
are
law
communication
center
managers
23
employed
by
state
or
local
government
agencies.
24
(05)
One
member
who
is
an
emergency
medical
care
provider
25
as
defined
in
section
147A.1.
26
(5)
One
at-large
member.
27
DIVISION
III
28
INCOME
TAX
INCENTIVES
29
Sec.
15.
Section
422.7,
Code
2014,
is
amended
by
adding
the
30
following
new
subsection:
31
NEW
SUBSECTION
.
57.
a.
If
adjusted
gross
income
includes
32
a
depreciation
deduction
under
section
167
of
the
Internal
33
Revenue
Code
for
broadband
infrastructure
placed
in
service
on
34
or
after
July
1,
2014,
in
a
targeted
unserved
service
area
or
a
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2472
targeted
underserved
service
area,
the
taxpayer
may
elect
to
1
claim
an
accelerated
depreciation
deduction
on
such
broadband
2
infrastructure
in
computing
net
income
for
state
tax
purposes.
3
If
the
taxpayer
does
elect
to
claim
an
accelerated
depreciation
4
deduction,
the
following
adjustments
shall
be
made:
5
(1)
Add
the
total
amount
of
depreciation
taken
for
federal
6
tax
purposes
on
the
broadband
infrastructure
for
the
tax
7
year
using
the
modified
accelerated
cost
recovery
system
8
depreciation
method
applicable
under
section
168
of
the
9
Internal
Revenue
Code.
10
(2)
Subtract
an
amount
equal
to
the
product
of
the
amount
of
11
depreciation
taken
for
federal
tax
purposes
on
the
broadband
12
infrastructure
for
the
tax
year
using
the
modified
accelerated
13
cost
recovery
system
depreciation
method
applicable
under
14
section
168
of
the
Internal
Revenue
Code
multiplied
by
two,
not
15
to
exceed
the
adjusted
basis
of
the
broadband
infrastructure
16
for
state
tax
purposes.
17
(3)
Any
other
adjustments
to
basis
or
gains
or
losses
to
18
reflect
the
adjustments
made
in
subparagraphs
(1)
and
(2)
19
pursuant
to
rules
adopted
by
the
director.
20
b.
An
election
made
under
this
subsection
is
irrevocable
21
and
applies
to
the
broadband
infrastructure
for
which
the
22
election
is
made
for
the
tax
year
of
the
election
and
for
each
23
succeeding
tax
year.
24
c.
For
purposes
of
this
subsection,
“broadband
25
infrastructure”
,
“targeted
unserved
service
area”
,
and
“targeted
26
underserved
service
area”
mean
the
same
as
defined
in
section
27
8B.1.
28
Sec.
16.
NEW
SECTION
.
422.11C
Broadband
infrastructure
tax
29
credit.
30
1.
For
purposes
of
this
section,
“broadband
infrastructure”
,
31
“communications
service
provider”
,
“targeted
unserved
service
32
area”
,
and
“targeted
underserved
service
area”
mean
the
same
as
33
defined
in
section
8B.1.
34
2.
The
taxes
imposed
under
this
division,
less
the
credits
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allowed
under
section
422.12,
shall
be
reduced
by
a
broadband
1
infrastructure
tax
credit.
The
credit
shall
be
equal
to
seven
2
percent
of
the
amount
expended
by
a
communications
service
3
provider
for
a
new
installation
of
broadband
infrastructure
4
completed
on
or
after
July
1,
2014,
in
a
targeted
unserved
5
service
area,
and
three
and
one-half
percent
of
the
amount
6
expended
by
a
communications
service
provider
for
a
new
7
installation
of
broadband
infrastructure
completed
on
or
8
after
July
1,
2014,
in
a
targeted
underserved
service
area.
9
The
amount
of
a
reduction
pursuant
to
this
section
shall
not
10
exceed
a
maximum
of
five
hundred
thousand
dollars
per
United
11
States
census
bureau
census
block,
or
three
million
dollars
12
per
installation.
A
taxpayer
claiming
a
credit
under
this
13
section
shall
certify
prior
to
commencement
of
the
installation
14
that
the
broadband
infrastructure
installation
will
take
place
15
within
targeted
unserved
service
areas
or
targeted
underserved
16
service
areas.
Any
credit
in
excess
of
the
tax
liability
for
17
the
tax
year
shall
not
be
refunded,
but
may
be
credited
to
18
the
tax
liability
for
the
following
ten
tax
years
or
until
19
depleted,
whichever
is
earlier.
20
3.
An
individual
may
claim
the
tax
credit
allowed
a
21
partnership,
limited
liability
company,
S
corporation,
estate,
22
or
trust
electing
to
have
the
income
taxed
directly
to
the
23
individual.
The
amount
claimed
by
the
individual
shall
be
24
based
upon
the
pro
rata
share
of
the
individual’s
earnings
of
a
25
partnership,
limited
liability
company,
S
corporation,
estate,
26
or
trust.
27
4.
The
director
of
revenue
may
adopt
rules
pursuant
to
28
chapter
17A
for
the
interpretation
and
proper
administration
of
29
the
credit
provided
in
this
section.
30
Sec.
17.
Section
422.33,
Code
2014,
is
amended
by
adding
the
31
following
new
subsection:
32
NEW
SUBSECTION
.
31.
The
taxes
imposed
under
this
division
33
shall
be
reduced
by
a
broadband
infrastructure
tax
credit
34
allowed
under
section
422.11C.
35
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2472
Sec.
18.
Section
422.35,
Code
2014,
is
amended
by
adding
the
1
following
new
subsection:
2
NEW
SUBSECTION
.
26.
a.
If
taxable
income
includes
a
3
depreciation
deduction
under
section
167
of
the
Internal
4
Revenue
Code
for
broadband
infrastructure
placed
in
service
on
5
or
after
July
1,
2014,
in
a
targeted
unserved
service
area
or
a
6
targeted
underserved
service
area,
the
taxpayer
may
elect
to
7
claim
an
accelerated
depreciation
deduction
on
such
broadband
8
infrastructure
in
computing
net
income
for
state
tax
purposes.
9
If
the
taxpayer
does
elect
to
claim
an
accelerated
depreciation
10
deduction,
the
following
adjustments
shall
be
made:
11
(1)
Add
the
total
amount
of
depreciation
taken
for
federal
12
tax
purposes
on
the
broadband
infrastructure
for
the
tax
13
year
using
the
modified
accelerated
cost
recovery
system
14
depreciation
method
applicable
under
section
168
of
the
15
Internal
Revenue
Code.
16
(2)
Subtract
an
amount
equal
to
the
product
of
the
amount
of
17
depreciation
taken
for
federal
tax
purposes
on
the
broadband
18
infrastructure
for
the
tax
year
using
the
modified
accelerated
19
cost
recovery
system
depreciation
method
applicable
under
20
section
168
of
the
Internal
Revenue
Code
multiplied
by
two,
not
21
to
exceed
the
adjusted
basis
of
the
broadband
infrastructure
22
for
state
tax
purposes.
23
(3)
Any
other
adjustments
to
basis
or
gains
or
losses
to
24
reflect
the
adjustments
made
in
subparagraphs
(1)
and
(2)
25
pursuant
to
rules
adopted
by
the
director.
26
b.
An
election
made
under
this
subsection
is
irrevocable
27
and
applies
to
the
broadband
infrastructure
for
which
the
28
election
is
made
for
the
tax
year
of
the
election
and
for
each
29
succeeding
tax
year.
30
c.
For
purposes
of
this
subsection,
“broadband
31
infrastructure”
,
“targeted
unserved
service
area”
,
and
“targeted
32
underserved
service
area”
mean
the
same
as
defined
in
section
33
8B.1.
34
Sec.
19.
RETROACTIVE
APPLICABILITY.
This
division
of
this
35
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2472
Act
applies
retroactively
to
January
1,
2014,
for
tax
years
1
beginning
on
or
after
that
date.
2
DIVISION
IV
3
PROPERTY
TAX
INCENTIVES
AND
ASSESSMENT
4
Sec.
20.
Section
427.1,
Code
2014,
is
amended
by
adding
the
5
following
new
subsection:
6
NEW
SUBSECTION
.
40.
Broadband
infrastructure.
7
a.
Broadband
infrastructure
shall
be
entitled
to
an
8
exemption
from
taxation
to
the
extent
provided
in
this
section
9
based
upon
the
actual
value
added
by
broadband
infrastructure
10
that
is
newly
installed
and
completed.
For
the
purposes
of
11
this
subsection,
“broadband
infrastructure”
,
“targeted
unserved
12
service
area”
,
and
“targeted
underserved
service
area”
mean
the
13
same
as
defined
in
section
8B.1.
14
b.
The
exemption
shall
apply
to
the
new
installation
15
of
broadband
infrastructure
completed
on
or
after
July
1,
16
2014,
in
a
targeted
unserved
service
area
or
a
targeted
17
underserved
service
area.
A
person
claiming
an
exemption
18
under
this
subsection
shall
certify
prior
to
commencement
of
19
the
installation
that
the
broadband
installation
will
take
20
place
within
a
targeted
unserved
service
area
or
a
targeted
21
underserved
service
area.
22
c.
If
the
broadband
infrastructure
is
assessed
with
other
23
property
as
a
unit
by
the
department
of
revenue
pursuant
24
to
sections
428.24
through
428.29
or
chapter
433,
this
25
exemption
shall
be
limited
to
the
value
added
by
the
broadband
26
infrastructure
as
determined
as
of
the
assessment
date
and
27
the
exemption
shall
be
applied
prior
to
any
other
exemption
28
applicable
to
the
unit
value.
29
d.
The
tax
exemption
shall
be
a
one
hundred
percent
30
exemption
from
taxation
on
the
actual
value
added
by
the
31
improvements
for
a
period
of
ten
years.
32
e.
(1)
A
person
may
submit
a
proposal
to
the
governing
body
33
of
the
city
or
county
within
which
a
broadband
infrastructure
34
installation
project
is
proposed
to
receive
prior
approval
for
35
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2472
eligibility
for
a
tax
exemption
for
the
project
pursuant
to
1
this
section.
The
governing
body
shall,
by
resolution,
give
2
its
prior
approval
if
the
project
is
in
conformance
with
the
3
requirements
of
this
subsection.
Such
prior
approval
shall
4
not
entitle
the
owner
to
exemption
from
taxation
until
the
5
improvements
have
been
completed
and
found
to
be
qualified
6
real
estate.
However,
if
the
proposal
is
not
approved,
the
7
person
may
submit
an
amended
proposal
for
the
governing
body
to
8
approve
or
reject.
9
(2)
The
application
for
an
exemption
shall
be
filed
by
the
10
owner
of
the
property
with
the
governing
body
of
the
city
or
11
county
in
which
the
property
is
located
by
February
1
of
the
12
assessment
year
for
which
the
exemption
is
first
claimed,
but
13
not
later
than
the
year
in
which
the
value
added
pursuant
to
14
the
project
is
first
assessed
for
taxation,
or
the
following
15
two
assessment
years,
in
which
case
the
exemption
is
allowed
16
for
the
total
number
of
years
in
the
exemption
schedule.
17
However,
upon
the
request
of
the
owner
at
any
time,
the
18
governing
body
of
the
city
or
county
may
provide
by
resolution
19
that
the
owner
may
file
an
application
by
February
1
of
any
20
other
assessment
year
selected
by
the
governing
body
in
which
21
case
the
exemption
is
allowed
for
the
number
of
years
remaining
22
in
the
exemption
schedule
selected.
The
application
shall
23
contain
but
not
be
limited
to
the
following
information:
24
(a)
The
nature
of
the
improvement.
25
(b)
The
estimated
cost
of
the
improvement.
26
(c)
The
estimated
or
actual
date
of
project
completion.
27
(d)
Certification
that
the
installation
was
completed
in
28
a
targeted
unserved
service
area
or
a
targeted
underserved
29
service
area.
30
(3)
The
governing
body
of
the
city
or
county
shall
forward
31
for
review
all
approved
applications
to
the
appropriate
local
32
assessor
by
March
1
annually.
The
assessor
shall
proceed
to
33
determine
the
actual
value
of
the
newly
installed
broadband
34
infrastructure
and
shall
certify
the
valuation
determined
to
35
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30
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2472
the
county
auditor
at
the
time
of
transmitting
the
assessment
1
rolls.
After
the
tax
exemption
is
granted,
the
local
assessor
2
shall
continue
to
grant
the
tax
exemption
for
the
remainder
of
3
the
time
period
in
the
exemption
schedule,
and
applications
for
4
exemption
for
succeeding
years
shall
not
be
required.
5
f.
The
director
of
revenue
may
adopt
rules
pursuant
to
6
chapter
17A
for
the
interpretation
and
proper
administration
of
7
the
exemption
provided
in
this
subsection.
8
Sec.
21.
Section
433.4,
subsection
1,
Code
2014,
is
amended
9
to
read
as
follows:
10
1.
a.
The
director
of
revenue
shall
on
or
before
October
11
31
each
year,
proceed
to
find
the
actual
value
of
the
property
12
of
these
companies
in
this
state
that
is
used
by
the
companies
13
in
the
transaction
of
telegraph
and
telephone
business,
taking
14
into
consideration
the
information
obtained
from
the
statements
15
required,
and
any
further
information
the
director
can
obtain,
16
using
the
same
as
a
means
for
determining
the
actual
value
17
of
the
property
of
these
companies
within
this
state.
The
18
director
shall
also
take
into
consideration
the
valuation
of
19
all
property
of
these
companies,
including
franchises
and
the
20
use
of
the
property
in
connection
with
lines
outside
the
state,
21
and
making
these
deductions
as
may
be
necessary
on
account
of
22
extra
value
of
property
outside
the
state
as
compared
with
23
the
value
of
property
in
the
state,
in
order
that
the
actual
24
value
of
the
property
of
the
company
within
this
state
may
be
25
ascertained.
The
assessment
shall
include
all
property
of
26
every
kind
and
character
whatsoever,
real,
personal,
or
mixed,
27
used
by
the
companies
in
the
transaction
of
telegraph
and
28
telephone
business.
The
property
so
included
in
the
assessment
29
shall
not
be
taxed
in
any
other
manner
than
as
provided
in
this
30
chapter
.
31
b.
(1)
A
telephone
and
telegraph
company
that
has
property
32
situated
in
a
majority
of
the
counties
in
the
state
and
that
33
has
a
total
actual
value
for
the
assessment
years
beginning
34
January
1,
2013,
and
January
1,
2014,
of
seven
hundred
35
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30
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2472
eighty
million
dollars
shall,
in
lieu
of
other
valuation
1
methodologies,
be
valued
as
a
unit
according
to
the
cost
of
2
acquiring
or
constructing
at
current
prices
a
property
that
3
is
the
functional
equivalent
of
an
existing
property
less
an
4
allowance
for
depreciation
for
a
period
of
ten
consecutive
5
assessment
years
beginning
January
1,
2015.
6
(2)
The
actual
value
of
the
property
of
a
company
determined
7
under
this
paragraph
“b”
shall
not
be
construed
to
be
the
actual
8
value
that
would,
but
for
this
paragraph
“b”
,
be
determined
by
9
the
director
under
this
chapter
and
shall
not
be
construed
to
10
reflect
the
market
value
of
the
property
of
a
telephone
and
11
telegraph
company
that
is
valued
under
this
paragraph
“b”
.
12
DIVISION
V
13
UNIFORM
CELL
SITING
14
Sec.
22.
NEW
SECTION
.
8C.1
Short
title.
15
This
chapter
shall
be
known
and
may
be
cited
as
the
“Iowa
16
Cell
Siting
Act”
.
17
Sec.
23.
NEW
SECTION
.
8C.2
Legislative
intent.
18
The
general
assembly
finds
and
declares
that
it
is
the
19
policy
of
this
state
to
facilitate
the
provision
of
broadband
20
and
other
advanced
wireless
communication
services
across
the
21
entirety
of
the
state;
and
that
it
is
further
the
policy
to
22
promote
access
to
broadband
and
advanced
wireless
communication
23
services
for
all
residents,
students,
government
agencies,
24
and
businesses
to
ensure
the
availability
of
world-class
25
educational
opportunities,
economic
development,
and
public
26
safety
services
throughout
the
state.
27
Sec.
24.
NEW
SECTION
.
8C.3
Definitions.
28
For
the
purposes
of
this
chapter,
unless
the
context
29
otherwise
requires:
30
1.
“Accessory
equipment”
means
any
equipment
serving
or
31
being
used
in
conjunction
with
a
wireless
facility
or
wireless
32
support
structure,
including
but
not
limited
to
power
supplies,
33
generators,
batteries,
cables,
equipment,
buildings,
cabinets,
34
storage
sheds,
shelters,
and
similar
structures.
35
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30
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2472
2.
“Antenna”
means
communications
equipment
that
transmits
1
and
receives
electromagnetic
radio
signals
used
in
the
2
provision
of
all
types
of
wireless
communications
services.
3
3.
“Applicant”
means
any
person
engaged
in
the
business
4
of
providing
wireless
communications
services
or
the
5
wireless
communications
infrastructure
required
for
wireless
6
communications
services
who
submits
an
application.
7
4.
“Application”
means
a
request
submitted
by
an
applicant
8
to
an
authority
to
construct
a
new
wireless
support
structure,
9
for
the
substantial
modification
of
a
wireless
support
10
structure,
or
for
collocation
of
wireless
facilities
on
an
11
existing
structure.
12
5.
“Authority”
means
a
state,
county,
or
municipal
governing
13
body,
board,
agency,
office,
or
commission
authorized
by
law
to
14
make
legislative,
quasi-judicial,
or
administrative
decisions
15
relative
to
the
construction,
installation,
modification,
or
16
siting
of
wireless
facilities
or
wireless
support
structures.
17
“Authority”
does
not
include
state
courts
having
jurisdiction
18
over
land
use,
planning,
or
zoning
decisions
made
by
an
19
authority
or
the
utilities
division
of
the
department
of
20
commerce.
21
6.
“Base
station”
means
a
station
at
a
specific
site
22
authorized
to
communicate
with
mobile
stations,
generally
23
consisting
of
radio
transceivers,
antennas,
coaxial
cables,
24
power
supplies,
and
other
associated
electronics.
25
7.
“Building
permit”
means
a
permit
issued
by
an
authority
26
prior
to
the
collocation
of
wireless
facilities
on
an
existing
27
structure,
the
substantial
modification
of
a
wireless
support
28
structure,
or
the
commencement
of
construction
of
any
new
29
wireless
support
structure,
solely
to
ensure
that
the
work
to
30
be
performed
by
the
applicant
satisfies
the
applicable
building
31
code.
32
8.
“Collocation”
means
the
placement
or
installation
of
33
wireless
facilities
on
existing
structures,
without
the
need
34
to
construct
a
new
wireless
support
structure.
“Collocation”
35
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2472
includes
the
placement,
replacement,
or
modification
of
1
wireless
facilities
within
a
previously
approved
equipment
2
compound.
3
9.
“Electric
utility”
means
an
owner
or
operator
of
an
4
electric
transmission
or
distribution
facility
subject
to
the
5
safety
jurisdiction
of
the
utilities
board
of
the
utilities
6
division
of
the
department
of
commerce.
7
10.
“Equipment
compound”
means
an
area
surrounding
or
8
near
the
base
of
a
wireless
support
structure
within
which
is
9
located
wireless
facilities.
10
11.
“Existing
structure”
means
a
structure
that
exists
at
11
the
time
a
request
for
permission
to
place
wireless
facilities
12
on
a
structure
is
filed
with
an
authority,
including
any
13
structure
that
is
capable
of
supporting
the
attachment
of
14
wireless
facilities
in
compliance
with
applicable
building
15
codes,
including
but
not
limited
to
towers,
buildings,
and
16
water
towers,
but
not
including
utility
poles.
17
12.
“Substantial
modification”
means
the
mounting
of
a
18
proposed
wireless
facility
on
a
wireless
support
structure
19
which
results
in
one
or
more
of
the
following:
20
a.
Increasing
the
existing
vertical
height
of
the
structure
21
by
more
than
ten
percent,
or
the
height
of
one
additional
22
antenna
array
with
separation
from
the
nearest
existing
antenna
23
not
to
exceed
twenty
feet,
whichever
is
greater.
24
b.
Adding
an
appurtenance
to
the
body
of
a
wireless
support
25
structure
that
protrudes
horizontally
from
the
edge
of
the
26
wireless
support
structure
more
than
twenty
feet,
or
more
than
27
the
width
of
the
wireless
support
structure
at
the
level
of
the
28
appurtenance,
whichever
is
greater,
except
where
necessary
to
29
shelter
the
antenna
from
inclement
weather
or
to
connect
the
30
antenna
to
the
wireless
support
structure
via
cable.
31
c.
Increasing
the
square
footage
of
the
existing
equipment
32
compound
by
more
than
two
thousand
five
hundred
square
feet.
33
13.
“Utility
pole”
means
a
structure
owned
or
operated
by
a
34
public
utility
or
municipality
that
is
designed
specifically
35
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5359HZ
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for
and
used
to
carry
lines,
cables,
or
wires
for
telephony,
1
cable
television,
or
electricity,
or
to
provide
lighting.
For
2
the
purposes
of
this
section,
“public
utility”
includes
an
3
electric
utility.
4
14.
“Water
tower”
means
a
water
storage
tank,
or
a
standpipe
5
or
an
elevated
tank
situated
on
a
support
structure,
originally
6
constructed
for
use
as
a
reservoir
or
facility
to
store
or
7
deliver
water.
8
15.
“Wireless
facility”
means
the
set
of
equipment
and
9
network
components,
exclusive
of
the
underlying
wireless
10
support
structure,
including
but
not
limited
to
antennas,
11
accessory
equipment,
transmitters,
receivers,
base
stations,
12
power
supplies,
cabling,
and
associated
equipment,
necessary
to
13
provide
wireless
communications
services.
14
16.
“Wireless
support
structure”
means
a
structure
designed
15
to
support
wireless
facilities,
including
but
not
limited
to
16
monopoles,
towers,
or
other
freestanding
facilities.
“Wireless
17
support
structure”
does
not
include
utility
poles.
18
Sec.
25.
NEW
SECTION
.
8C.4
Uniform
rules
and
limitations
——
19
all
applications.
20
In
order
to
ensure
uniformity
across
this
state
with
respect
21
to
the
consideration
of
every
application,
and
notwithstanding
22
any
other
provision
to
the
contrary,
an
authority
shall
not
do
23
any
of
the
following:
24
1.
Require
an
applicant
to
submit
information
about,
or
25
evaluate
an
applicant’s
business
decisions
with
respect
to,
the
26
applicant’s
designed
service,
customer
demand
for
service,
or
27
quality
of
the
applicant’s
service
to
or
from
a
particular
area
28
or
site.
29
2.
Evaluate
an
application
based
on
the
availability
30
of
other
potential
locations
for
the
placement
of
wireless
31
support
structures
or
wireless
facilities,
including
without
32
limitation
the
option
to
collocate
instead
of
constructing
a
33
new
wireless
support
structure,
or
for
substantial
modification
34
of
a
wireless
support
structure.
35
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2472
3.
Dictate
the
type
of
wireless
facilities,
infrastructure,
1
or
technology
to
be
used
by
the
applicant
or
require
an
2
applicant
to
construct
a
distributed
antenna
system
in
lieu
of
3
construction
of
a
new
wireless
support
structure,
substantial
4
modification
of
a
wireless
support
structure,
or
collocation.
5
4.
Require
the
removal
of
existing
wireless
support
6
structures
or
wireless
facilities,
wherever
located,
as
a
7
condition
to
approval
of
an
application.
8
5.
Impose
environmental
testing,
sampling,
or
monitoring
9
requirements,
or
other
compliance
measures
for
radio
frequency
10
emissions
on
wireless
facilities
that
are
categorically
11
excluded
under
the
federal
communication
commission’s
rules
for
12
radio
frequency
emissions
pursuant
to
47
C.F.R.
§1.1307(b)(1).
13
6.
Establish
or
enforce
regulations
or
procedures
for
radio
14
frequency
signal
strength
or
the
adequacy
of
service
quality.
15
7.
Reject
an
application,
in
whole
or
in
part,
based
on
16
perceived
or
alleged
environmental
effects
of
radio
frequency
17
emissions,
as
provided
in
47
U.S.C.
§332(c)(7)(B)(iv).
18
8.
Prohibit
the
placement
of
emergency
power
systems
that
19
comply
with
federal
and
state
environmental
requirements.
20
9.
Charge
an
application
fee,
consulting
fee,
or
other
fee
21
associated
with
the
submission,
review,
processing,
or
approval
22
of
an
application
that
is
not
required
for
similar
types
of
23
commercial
development
within
the
authority’s
jurisdiction.
24
Fees
imposed
by
an
authority
or
by
a
third-party
entity
25
providing
review
or
technical
consultation
to
the
authority
26
shall
be
based
on
actual,
direct,
and
reasonable
administrative
27
costs
incurred
for
the
review,
processing,
and
approval
of
an
28
application.
In
no
case
shall
total
charges
and
fees
exceed
29
five
hundred
dollars
for
a
collocation
application
or
three
30
thousand
dollars
for
an
application
for
a
new
wireless
support
31
structure
or
for
a
substantial
modification
of
a
wireless
32
support
structure.
An
authority
or
any
third-party
entity
33
shall
not
include
within
its
charges
any
travel
expenses
34
incurred
in
the
review
of
an
application,
and
an
applicant
35
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2472
shall
not
be
required
to
pay
or
reimburse
an
authority
for
1
consultant
or
other
third-party
fees
based
on
a
contingency
or
2
result-based
arrangement.
3
10.
Impose
surety
requirements,
including
bonds,
escrow
4
deposits,
letters
of
credit,
or
any
other
type
of
financial
5
surety,
to
ensure
that
abandoned
or
unused
facilities
can
be
6
removed
unless
the
authority
imposes
similar
requirements
on
7
other
applicants
for
other
types
of
commercial
development
8
or
land
uses.
If
surety
requirements
are
imposed,
the
9
requirements
must
be
competitively
neutral,
nondiscriminatory,
10
reasonable
in
amount,
and
commensurate
with
the
historical
11
record
for
local
facilities
and
structures
that
are
abandoned.
12
11.
Condition
the
approval
of
an
application
on
the
13
applicant’s
agreement
to
provide
space
on
or
near
the
wireless
14
support
structure
for
authority
or
local
governmental
services
15
at
less
than
the
market
rate
for
such
space
or
to
provide
other
16
services
via
the
structure
or
facilities
at
less
than
the
17
market
rate
for
such
services.
18
12.
Limit
the
duration
of
the
approval
of
an
application.
19
13.
Discriminate
on
the
basis
of
the
ownership,
including
20
ownership
by
the
authority,
of
any
property,
structure,
or
21
tower
when
promulgating
rules
or
procedures
for
siting
wireless
22
facilities
or
for
evaluating
applications.
23
Sec.
26.
NEW
SECTION
.
8C.5
Uniform
rules
——
new
wireless
24
support
structure
applications.
25
1.
An
authority
may
exercise
zoning,
land
use,
planning,
26
and
permitting
authority
within
the
authority’s
territorial
27
boundaries
with
regard
to
the
siting
of
a
new
wireless
support
28
structure,
subject
to
the
provisions
of
this
chapter
and
29
federal
law.
30
2.
An
applicant
that
proposes
to
construct
a
new
wireless
31
support
structure
within
the
jurisdiction
of
an
authority
32
that
has
adopted
planning
and
zoning
regulations
shall
submit
33
the
necessary
copies
and
attachments
of
the
application
to
34
the
appropriate
authority
and
comply
with
applicable
local
35
-18-
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30
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2472
ordinances
concerning
land
use
and
the
appropriate
permitting
1
processes.
2
3.
All
records,
including
but
not
limited
to
documents
and
3
electronic
data,
in
the
possession
or
custody
of
authority
4
personnel
shall
be
subject
to
applicable
open
records
5
provisions
of
chapter
22.
6
4.
An
authority,
within
ninety
calendar
days
of
receiving
7
an
application
to
construct
a
new
wireless
support
structure,
8
unless
another
date
is
specified
in
a
written
agreement
9
between
the
authority
and
the
applicant,
shall
comply
with
the
10
following
provisions:
11
a.
Review
the
application
for
conformity
with
applicable
12
local
zoning
regulations,
building
permit
requirements,
and
13
consistency
with
this
chapter.
An
application
is
deemed
to
14
be
complete
unless
the
authority
notifies
the
applicant
in
15
writing,
within
thirty
calendar
days
of
submission
of
the
16
application,
of
the
specific
deficiencies
in
the
application
17
which,
if
cured,
would
make
the
application
complete.
Upon
18
receipt
of
a
timely
written
notice
that
an
application
is
19
deficient,
an
applicant
may
take
thirty
calendar
days
from
20
receiving
such
notice
to
cure
the
specific
deficiencies.
If
21
the
applicant
cures
the
deficiencies
within
thirty
calendar
22
days,
the
application
shall
be
reviewed
and
processed
within
23
ninety
calendar
days
from
the
initial
date
the
application
was
24
received.
If
the
applicant
requires
a
period
of
time
beyond
25
thirty
calendar
days
to
cure
the
specific
deficiencies,
the
26
deadline
for
review
and
processing
of
the
application
shall
be
27
extended
by
the
same
period
of
time.
28
b.
Make
its
final
decision
to
approve
or
disapprove
the
29
application.
30
c.
Advise
the
applicant
in
writing
of
its
final
decision.
31
5.
If
the
authority
fails
to
act
on
an
application
to
32
construct
a
new
wireless
support
structure
within
the
review
33
period
specified
under
subsection
4,
the
application
shall
be
34
deemed
approved.
35
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2472
6.
A
party
aggrieved
by
the
final
action
of
an
authority,
1
either
by
its
affirmative
disapproval
of
an
application
under
2
the
provisions
of
this
section
or
by
its
inaction,
may
bring
an
3
action
for
review
in
any
court
of
competent
jurisdiction.
4
Sec.
27.
NEW
SECTION
.
8C.6
Uniform
rules
——
substantial
5
modification
of
wireless
support
structure
applications.
6
1.
An
authority
may
exercise
zoning,
land
use,
planning,
7
and
permitting
authority
within
the
authority’s
territorial
8
boundaries
with
regard
to
an
application
for
substantial
9
modification
of
a
wireless
support
structure,
subject
to
the
10
provisions
of
this
chapter
and
federal
law.
11
2.
An
applicant
that
proposes
a
substantial
modification
12
of
a
wireless
support
structure
within
the
jurisdiction
of
an
13
authority
that
has
adopted
planning
and
zoning
regulations
14
shall
submit
the
necessary
copies
and
attachments
of
the
15
application
to
the
appropriate
authority
and
comply
with
16
applicable
local
ordinances
concerning
land
use
and
the
17
appropriate
permitting
processes.
18
3.
All
records,
including
but
not
limited
to
documents
and
19
electronic
data,
in
the
possession
or
custody
of
authority
20
personnel
shall
be
subject
to
applicable
open
records
21
provisions
of
chapter
22.
22
4.
An
authority,
within
forty-five
calendar
days
of
23
receiving
an
application
for
a
substantial
modification
of
a
24
wireless
support
structure,
unless
another
date
is
specified
in
25
a
written
agreement
between
the
authority
and
the
applicant,
26
shall
comply
with
the
following
provisions:
27
a.
Review
the
application
for
conformity
with
applicable
28
local
zoning
regulations,
building
permit
requirements,
and
29
consistency
with
this
chapter.
An
application
is
deemed
to
30
be
complete
unless
the
authority
notifies
the
applicant
in
31
writing,
within
fifteen
calendar
days
of
submission
of
the
32
application,
of
the
specific
deficiencies
in
the
application
33
which,
if
cured,
would
make
the
application
complete.
Upon
34
receipt
of
a
timely
written
notice
that
an
application
is
35
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85
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30
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2472
deficient,
an
applicant
may
take
fifteen
calendar
days
from
1
receiving
such
notice
to
cure
the
specific
deficiencies.
If
2
the
applicant
cures
the
deficiencies
within
fifteen
calendar
3
days,
the
application
shall
be
reviewed
and
processed
within
4
forty-five
calendar
days
from
the
initial
date
the
application
5
was
received.
If
the
applicant
requires
a
period
of
time
6
beyond
fifteen
calendar
days
to
cure
the
specific
deficiencies,
7
the
deadline
for
review
and
processing
of
the
application
shall
8
be
extended
by
the
same
period
of
time.
9
b.
Make
its
final
decision
to
approve
or
disapprove
the
10
application.
11
c.
Advise
the
applicant
in
writing
of
its
final
decision.
12
5.
If
the
authority
fails
to
act
on
an
application
for
a
13
substantial
modification
within
the
review
period
specified
14
under
subsection
4,
the
application
for
a
substantial
15
modification
shall
be
deemed
approved.
16
6.
A
party
aggrieved
by
the
final
action
of
an
authority,
17
either
by
its
affirmative
disapproval
of
an
application
under
18
the
provisions
of
this
section
or
by
its
inaction,
may
bring
an
19
action
for
review
in
any
court
of
competent
jurisdiction.
20
Sec.
28.
NEW
SECTION
.
8C.7
Uniform
rules
——
collocation
21
applications.
22
1.
A
collocation
application
shall
be
reviewed
for
23
conformance
with
applicable
building
permit
requirements
24
but
shall
not
otherwise
be
subject
to
zoning
or
land
use
25
requirements,
including
design
or
placement
requirements,
or
26
public
hearing
review,
notwithstanding
any
other
provision
to
27
the
contrary.
28
2.
An
authority,
within
forty-five
calendar
days
of
29
receiving
a
collocation
application,
unless
another
date
is
30
specified
in
a
written
agreement
between
the
authority
and
the
31
applicant,
shall
comply
with
the
following
provisions:
32
a.
Review
the
collocation
application
for
conformity
33
with
applicable
building
permit
requirements
and
consistency
34
with
this
chapter.
A
collocation
application
is
deemed
to
35
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30
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2472
be
complete
unless
the
authority
notifies
the
applicant
in
1
writing,
within
fifteen
calendar
days
of
submission
of
the
2
collocation
application,
of
the
specific
deficiencies
in
3
the
collocation
application
which,
if
cured,
would
make
the
4
collocation
application
complete.
Upon
receipt
of
a
timely
5
written
notice
that
a
collocation
application
is
deficient,
an
6
applicant
may
take
fifteen
calendar
days
from
receiving
such
7
notice
to
cure
the
specific
deficiencies.
If
the
applicant
8
cures
the
deficiencies
within
fifteen
calendar
days,
the
9
collocation
application
shall
be
reviewed
and
processed
within
10
forty-five
calendar
days
from
the
initial
date
the
collocation
11
application
was
received.
If
the
applicant
requires
a
period
12
of
time
beyond
fifteen
calendar
days
to
cure
the
specific
13
deficiencies,
the
deadline
for
review
and
processing
of
the
14
application
shall
be
extended
by
the
same
period
of
time.
15
b.
Make
its
final
decision
to
approve
or
disapprove
the
16
collocation
application.
17
c.
Advise
the
applicant
in
writing
of
its
final
decision.
18
3.
If
the
authority
fails
to
act
on
a
collocation
19
application
within
the
review
period
specified
in
subsection
2,
20
the
collocation
application
shall
be
deemed
approved.
21
4.
Notwithstanding
any
provision
to
the
contrary,
an
22
authority
shall
not
mandate,
require,
or
regulate
the
23
installation,
location,
or
use
of
a
wireless
facility
on
a
24
utility
pole.
25
5.
A
party
aggrieved
by
the
final
action
of
an
authority,
26
either
by
its
affirmative
disapproval
of
an
application
under
27
the
provisions
of
this
section
or
by
its
inaction,
may
bring
an
28
action
for
review
in
any
court
of
competent
jurisdiction.
29
Sec.
29.
NEW
SECTION
.
8C.8
Airport
airspace
safety.
30
Nothing
in
this
chapter
shall
be
interpreted
to
prohibit
31
an
airport,
aviation
authority,
or
municipality
from
acting
32
pursuant
to
the
provisions
of
chapter
329.
33
Sec.
30.
NEW
SECTION
.
8C.9
Prohibition
on
moratoria.
34
An
authority
shall
not
institute
a
moratorium
on
the
35
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permitting,
construction,
or
issuance
of
approval
of
new
1
wireless
support
structures
unless
the
moratorium
is
instituted
2
for
ninety
days
or
less
and
the
action
or
actions
establishing
3
the
moratorium
state
reasonable
ground
and
good
cause
for
the
4
moratorium.
An
authority
shall
not
institute
more
than
two
5
such
moratoria
in
a
five-year
period.
6
Sec.
31.
NEW
SECTION
.
8C.10
Severability.
7
If
any
provision
of
this
chapter
or
the
application
thereof
8
to
any
person
or
circumstance
is
held
invalid,
such
invalidity
9
shall
not
affect
other
provisions
or
applications
of
the
10
chapter
which
can
be
given
effect
without
the
invalid
provision
11
or
application,
and
to
that
end
the
provisions
of
this
chapter
12
are
declared
to
be
severable.
13
DIVISION
VI
14
STEM
INTERNSHIPS
15
Sec.
32.
Section
15.411,
subsection
3,
Code
2014,
is
amended
16
to
read
as
follows:
17
3.
a.
The
authority
shall
establish
and
administer
an
18
innovative
businesses
internship
program
with
two
components
19
for
Iowa
students.
For
purposes
of
this
subsection
,
“Iowa
20
student”
means
a
student
of
an
Iowa
community
college,
private
21
college,
or
institution
of
higher
learning
under
the
control
22
of
the
state
board
of
regents,
or
a
student
who
graduated
from
23
high
school
in
Iowa
but
now
attends
an
institution
of
higher
24
learning
outside
the
state
of
Iowa.
25
b.
The
purpose
of
the
first
component
of
the
program
is
26
to
link
Iowa
students
to
small
and
medium
sized
Iowa
firms
27
through
internship
opportunities.
An
Iowa
employer
may
receive
28
financial
assistance
in
an
amount
of
one
dollar
for
every
29
two
dollars
paid
by
the
employer
to
an
intern.
The
amount
30
of
financial
assistance
shall
not
exceed
three
thousand
one
31
hundred
dollars
for
any
single
internship,
or
nine
thousand
32
three
hundred
dollars
for
any
single
employer.
In
order
to
be
33
eligible
to
receive
financial
assistance
under
this
subsection
34
paragraph
,
the
employer
must
have
five
hundred
or
fewer
35
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employees
and
must
be
an
innovative
business.
The
authority
1
shall
encourage
youth
who
reside
in
economically
distressed
2
areas,
youth
adjudicated
to
have
committed
a
delinquent
act,
3
and
youth
transitioning
out
of
foster
care
to
participate
in
4
the
first
component
of
the
internship
program.
5
c.
(1)
The
purpose
of
the
second
component
of
the
program
6
is
to
assist
in
placing
Iowa
students
studying
in
the
fields
7
of
science,
technology,
engineering,
and
mathematics
into
8
internships
that
lead
to
permanent
positions
with
Iowa
9
employers.
The
authority
shall
collaborate
with
eligible
10
employers,
including
but
not
limited
to
innovative
businesses,
11
to
ensure
that
the
interns
hired
are
studying
in
such
fields.
12
An
Iowa
employer
may
receive
financial
assistance
in
an
amount
13
of
one
dollar
for
every
dollar
paid
by
the
employer
to
an
14
intern.
The
amount
of
financial
assistance
shall
not
exceed
15
five
thousand
dollars
per
internship.
The
authority
may
adopt
16
rules
to
administer
this
component.
17
(2)
The
requirement
to
administer
this
component
of
the
18
internship
program
is
contingent
upon
the
provision
of
funding
19
for
such
purposes
by
the
general
assembly.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
relates
to
and
provides
for
the
facilitation
of
24
broadband
access
in
targeted
unserved
or
underserved
service
25
areas
of
the
state.
The
bill
is
titled
the
“Connect
Every
26
Iowan
Act”.
27
DIVISION
I
——
LEGISLATIVE
INTENT.
The
bill
provides
that
the
28
general
assembly
finds
and
declares
that
increasing
the
extent
29
and
availability
of
broadband
infrastructure
throughout
the
30
state
facilitates
the
provision
of
internet
access
to
citizens,
31
businesses,
and
communities
at
speeds
that
promote
economic
32
development,
employment,
enhanced
access
to
goods
and
services,
33
increased
educational
and
training
opportunities,
faster
access
34
to
government
services
and
health
care,
and
improved
overall
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information
and
community
access
for
citizens.
1
DIVISION
II
——
STATEWIDE
BROADBAND
COORDINATION.
The
bill
2
modifies
provisions
in
Code
chapter
8B,
relating
to
the
office
3
of
the
chief
information
officer.
The
bill
adds
several
4
definitions
to
the
Code
chapter
for
use
in
the
Code
chapter
and
5
in
other
related
provisions.
The
bill
defines
“broadband”
to
6
mean
a
high-speed,
high-capacity
electronic
transmission
medium
7
that
can
carry
data
signals
from
multiple
independent
network
8
sources
by
establishing
different
bandwidth
channels
and
that
9
is
commonly
used
to
deliver
internet
services
to
the
public.
10
The
bill
defines
“broadband
infrastructure”
to
mean
the
11
physical
infrastructure
used
for
the
transmission
of
data
via
12
broadband,
including
but
not
limited
to
any
equipment,
systems,
13
switches,
routers,
wire,
cable,
satellite,
conduits,
servers,
14
software,
technology,
base
transceiver
station
sites,
or
other
15
means
of
transmission
or
communication.
The
bill
defines
16
“communications
service
provider”
to
mean
a
service
provider
17
that
provides
broadband
service.
The
bill
defines
“targeted
18
underserved
service
area”
to
mean
a
United
States
census
bureau
19
census
block
located
in
Iowa,
including
any
crop
operation
20
located
within
the
census
block,
within
which
no
communications
21
service
provider
offers
or
facilitates
broadband
service
at
or
22
above
25
megabits
per
second
of
download
speed
and
3
megabits
23
per
second
of
upload
speed.
The
bill
defines
“targeted
24
unserved
service
area”
to
mean
a
United
States
census
bureau
25
census
block
located
in
Iowa,
including
any
crop
operation
26
located
within
the
census
block,
within
which
no
communications
27
service
provider
offers
or
facilitates
broadband
service
at
or
28
above
4
megabits
per
second
of
download
speed
and
1
megabit
per
29
second
of
upload
speed.
The
bill
defines
“crop
operation”
by
30
referencing
a
definition
contained
in
Code
section
717A.1
as
31
meaning
a
commercial
enterprise
where
a
crop
is
maintained
on
32
the
property
of
the
commercial
enterprise.
Additionally,
the
33
bill
adds
broadband
and
broadband
infrastructure
to
an
existing
34
definition
of
“information
technology”.
35
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The
bill
adds
to
the
powers
and
duties
of
the
chief
1
information
officer
streamlining,
consolidating,
and
2
coordinating
access
to
and
availability
of
broadband
and
3
broadband
infrastructure
throughout
Iowa.
This
responsibility
4
includes
but
is
not
limited
to
facilitating
public-private
5
partnerships,
ensuring
that
state
agencies’
broadband
and
6
broadband
infrastructure
policies
and
procedures
are
aligned,
7
promoting
accountability,
integrating
broadband
with
cyber
8
security
standards
and
rules,
resolving
issues,
collecting
data
9
and
developing
metrics
or
standards,
and
identifying
options
10
regarding
the
creation
of
standing
broadband-related
resources
11
for
stakeholders.
12
The
bill
provides
that
the
determination
of
whether
a
13
provider’s
download
and
upload
speeds
are
being
met
for
14
purposes
of
the
definitions
of
“targeted
unserved
service
area”
15
and
“targeted
underserved
service
area”
shall
be
by
reference
16
to
broadband
availability
maps
or
data
sources
identified
by
17
the
office
by
rule.
The
bill
directs
the
office
to
establish
18
procedures
to
handle
challenges
to
claims
that
the
threshold
19
download
or
upload
speeds
are
being
met,
and
provides
that
20
service
areas
with
more
than
one
communications
service
21
provider
shall
be
subdivided.
22
Additionally,
the
bill
specifies
expeditious
response
23
requirements
regarding
the
approval,
modification,
or
24
disapproval
of
nonwireless
broadband-related
permits.
The
25
bill
provides
that,
notwithstanding
any
other
provision
to
26
the
contrary,
a
political
subdivision
vested
with
permitting
27
authority
shall
approve,
approve
with
modification,
or
28
disapprove
nonwireless
broadband-related
permits
within
60
29
business
days
following
the
submission
of
a
permit
application
30
and
fee.
In
the
event
that
no
action
is
taken
during
the
60-day
31
period,
the
application
shall
be
deemed
approved.
32
The
bill
also
requires
the
chief
information
officer
to
33
prepare
an
annual
report
regarding
the
status
of
broadband
34
expansion
and
coordination,
and
adds
the
chief
information
35
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officer
to
the
Iowa
technology
and
telecommunications
1
commission
which
oversees
the
operation
of
the
Iowa
2
communications
network
and
to
the
statewide
interoperable
3
communications
system
board
established
in
Code
section
80.28.
4
Further,
the
bill
adds
an
additional
member
to
the
board
who
5
is
an
emergency
medical
care
provider,
and
deletes
a
provision
6
that
required
the
commission
to
consult
with
the
director
7
of
the
department
of
administrative
services
and
the
chief
8
information
officer
when
appointing
the
commission’s
executive
9
director.
10
DIVISION
III
——
INCOME
TAX
INCENTIVES.
The
bill
provides
11
two
income
tax
incentives
for
the
installation
of
broadband
12
infrastructure.
The
first
incentive
authorizes
a
taxpayer
13
to
elect
to
claim
an
accelerated
depreciation
deduction
on
14
broadband
infrastructure
placed
in
service
on
or
after
July
15
1,
2014,
in
a
targeted
unserved
service
area
or
a
targeted
16
underserved
service
area
with
regard
to
both
individual
and
17
corporate
taxation.
The
second
incentive
permits
an
individual
18
and
corporate
income
tax
credit
equal
to
7
percent
of
the
19
amount
expended
by
a
communications
service
provider
for
a
new
20
installation
of
broadband
infrastructure
completed
on
or
after
21
July
1,
2014,
in
a
targeted
unserved
service
area,
and
3.5
22
percent
of
the
amount
expended
in
an
underserved
service
area,
23
with
credit
not
to
exceed
a
maximum
of
$500,000
per
census
24
block
or
$3
million
per
installation.
25
DIVISION
IV
——
PROPERTY
TAX
INCENTIVES
AND
ASSESSMENT.
26
The
bill
provides
a
property
tax
exemption
for
broadband
27
infrastructure
newly
installed
within
a
targeted
unserved
28
or
underserved
service
area
on
or
after
July
1,
2014.
The
29
exemption
shall
be
a
100
percent
exemption
from
taxation
on
the
30
actual
value
added
by
the
broadband
infrastructure
improvements
31
for
a
period
of
10
years.
The
bill
specifies
procedures
32
relating
to
applying
for
and
receiving
prior
approval
for
33
eligibility
for
the
tax
exemption
from
the
governing
body
of
34
the
city
or
county
within
which
the
broadband
infrastructure
35
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installation
is
proposed,
and
granting
of
the
tax
exemption.
1
The
bill
additionally
provides
that
a
telephone
and
2
telegraph
company
with
property
in
a
majority
of
Iowa
counties
3
and
a
total
actual
value
for
the
assessment
years
beginning
4
January
1,
2013,
and
January
1,
2014,
of
$780
million
shall
5
be
valued
as
a
unit
according
to
the
cost
of
acquiring
6
or
constructing
at
current
prices
a
property
that
is
the
7
functional
equivalent
of
an
existing
property
less
an
allowance
8
for
depreciation
for
a
period
of
10
consecutive
assessment
9
years
beginning
January
1,
2015,
in
lieu
of
other
valuation
10
methodologies.
11
DIVISION
V
——
UNIFORM
CELL
SITING.
The
bill
contains
a
12
uniform
cell
siting
division
consisting
of
three
primary
13
components.
14
The
first
component
provides
a
number
of
definitions
15
pertaining
to
the
siting
of
wireless
support
structures
and
16
the
mounting
of
wireless
facilities
upon
such
structures.
An
17
“authority”
is
defined
to
mean
a
state,
county,
or
municipal
18
governing
body,
board,
agency,
office,
or
commission
authorized
19
by
law
to
make
legislative,
quasi-judicial,
or
administrative
20
decisions
relative
to
the
construction,
installation,
21
modification,
or
siting
of
wireless
facilities
or
wireless
22
support
structures.
A
“wireless
support
structure”
is
defined
23
as
a
structure
designed
to
support
wireless
facilities,
24
including
but
not
limited
to
monopoles,
towers,
or
other
25
freestanding
facilities,
but
not
including
utility
poles.
A
26
“substantial
modification”
means
the
mounting
of
a
proposed
27
wireless
facility
on
a
wireless
support
structure
which
results
28
in
a
specified
increase
in
vertical
height
of
the
structure,
29
or
which
results
in
a
specified
horizontal
protrusion
from
30
the
structure,
or
which
increases
the
square
footage
of
31
the
existing
compound
more
than
a
specified
amount.
A
32
“collocation”
means
the
placement
or
installation
of
wireless
33
facilities
on
existing
structures
without
the
need
to
construct
34
a
new
wireless
support
structure.
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The
second
component
provides
a
series
of
uniform
rules
or
1
limitations
applicable
to
all
applications,
in
order
to
ensure
2
uniformity
across
the
state
with
respect
to
the
consideration
3
of
applications.
The
rules
and
limitations
include
but
are
4
not
limited
to
prohibiting
requiring
information
about
an
5
applicant’s
business
decisions,
evaluating
an
application
6
based
on
the
availability
of
other
potential
locations,
7
dictating
the
type
of
wireless
facilities,
infrastructure,
or
8
technology
to
be
used
by
an
applicant,
requiring
the
removal
9
of
existing
wireless
support
structures
or
facilities
as
10
a
condition
of
approval,
imposing
environmental
testing,
11
sampling,
or
monitoring
requirements
excluded
under
federal
12
law,
establishing
or
enforcing
requlations
or
procedures
for
13
signal
strength
or
service
quality,
charging
fees
not
required
14
for
similar
types
of
commercial
development
and
which
do
not
15
exceed
specified
levels,
imposing
surety
requirements
unless
16
the
authority
imposes
similar
requirements
on
other
applicants
17
for
other
types
of
commercial
development
or
land
uses,
18
condition
approval
of
an
application
on
the
provision
of
space
19
on
or
near
the
wireless
support
structure
for
authority
or
20
local
government
services
at
less
than
market
rates,
limiting
21
the
duration
of
the
application’s
approval,
and
discriminating
22
on
the
basis
of
ownership
when
promulgating
rules
or
procedures
23
for
siting
wireless
facilities
or
evaluating
applications.
24
The
third
component
establishes
timeframes
within
which
25
an
authority
must
act
upon
an
application
to
construct
a
new
26
wireless
support
structure,
a
substantial
modification
of
a
27
wireless
support
structure,
or
a
collocation.
Additionally,
28
the
bill
provides
that
the
wireless
cell
siting
provisions
29
shall
not
be
interpreted
to
prohibit
an
airport,
aviation
30
authority,
or
municipality
from
acting
pursuant
to
the
31
provisions
of
Code
chapter
329
dealing
with
airport
zoning,
32
and
an
authority
shall
not
institute
a
moratorium
on
the
33
permitting,
construction
or
issuance
of
approval
of
new
34
wireless
support
structures
of
over
90
days
and
the
action
35
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or
actions
establishing
the
moratorium
must
state
reasonable
1
grounds
and
good
cause.
Further,
the
bill
provides
that
2
an
authority
is
limited
to
no
more
than
two
moratoria
in
a
3
five-year
period.
4
DIVISION
VI
——
STEM
INTERNSHIPS.
The
bill
establishes
a
new
5
component
to
an
existing
internship
program
within
the
economic
6
development
authority
to
assist
in
placing
Iowa
students
7
studying
in
the
fields
of
science,
technology,
engineering,
8
and
mathematics
(STEM)
into
internships
that
lead
to
permanent
9
positions
with
Iowa
employers.
The
bill
directs
the
authority
10
to
collaborate
with
eligible
employers
to
ensure
that
the
11
interns
hired
are
studying
in
the
specified
fields,
and
12
provides
that
an
Iowa
employer
may
receive
financial
assistance
13
in
the
amount
of
$1
for
every
dollar
paid
by
the
employer
to
14
an
intern,
limited
to
an
amount
not
exceeding
$5,000
for
any
15
single
internship.
The
bill
states
that
the
requirement
to
16
establish
the
internships
is
contingent
upon
the
provision
of
17
funding
for
such
purposes
by
the
general
assembly.
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