Bill Text: IA HF537 | 2019-2020 | 88th General Assembly | Enrolled
Bill Title: A bill for an act relating to the imposition of certain fees on public utilities for the use of public rights-of-way. (Formerly HSB 32.) Effective 7-1-19.
Spectrum: Committee Bill
Status: (Passed) 2019-05-10 - Signed by Governor. H.J. 1081. [HF537 Detail]
Download: Iowa-2019-HF537-Enrolled.html
House
File
537
-
Enrolled
House
File
537
AN
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
House
File
537,
p.
2
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
.
______________________________
LINDA
UPMEYER
Speaker
of
the
House
______________________________
CHARLES
SCHNEIDER
President
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
BOAL
Chief
Clerk
of
the
House
Approved
_______________,
2019
______________________________
KIM
REYNOLDS
Governor
