Bill Text: IA SF401 | 2019-2020 | 88th General Assembly | Introduced
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 SSB 1152; See SF 611.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2019-04-02 - Committee report approving bill, renumbered as SF 611. S.J. 827. [SF401 Detail]
Download: Iowa-2019-SF401-Introduced.html
Senate
File
401
-
Introduced
SENATE
FILE
401
BY
COMMITTEE
ON
COMMERCE
(SUCCESSOR
TO
SSB
1152)
A
BILL
FOR
An
Act
relating
to
the
imposition
of
certain
fees
on
public
1
utilities
for
the
use
of
public
rights-of-way.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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S.F.
401
Section
1.
Section
480A.2,
subsection
2,
Code
2019,
is
1
amended
to
read
as
follows:
2
2.
“Management
costs”
means
the
reasonable
,
direct,
and
3
fully
documented
costs
a
local
government
actually
incurs
in
4
managing
to
manage
public
rights-of-way.
5
Sec.
2.
Section
480A.3,
Code
2019,
is
amended
to
read
as
6
follows:
7
480A.3
Fees.
8
1.
A
local
government
shall
not
recover
any
fee
from
a
9
public
utility
for
the
use
of
its
available
right-of-way,
other
10
than
a
permit
fee
for
its
management
costs
attributable
to
11
the
public
utility’s
requested
use
of
the
local
government’s
12
right-of-way
.
A
local
government
may
recover
from
a
public
13
utility
only
those
management
costs
caused
by
the
public
14
utility’s
activity
in
the
public
right-of-way.
A
fee
or
15
other
obligation
under
this
section
shall
be
imposed
on
16
a
competitively
neutral
basis.
When
a
local
government’s
17
management
costs
cannot
be
attributed
to
only
one
entity,
18
those
costs
shall
be
allocated
among
all
users
of
the
public
19
rights-of-way,
including
the
local
government
itself.
The
20
allocation
shall
reflect
proportionately
the
costs
incurred
by
21
the
local
government
as
a
result
of
the
various
types
of
uses
22
of
the
public
rights-of-way.
23
2.
This
section
does
not
prohibit
:
24
a.
Prohibit
the
collection
of
a
franchise
fee
as
permitted
25
in
section
480A.6
.
26
b.
Prohibit
voluntary
agreements
between
a
public
utility
27
and
local
government
to
share
services
for
the
purpose
of
28
reducing
costs
and
preserving
public
rights-of-way
for
future
29
public
safety
purposes.
30
Sec.
3.
Section
480A.4,
Code
2019,
is
amended
to
read
as
31
follows:
32
480A.4
In-kind
services.
33
A
local
government,
in
lieu
of
a
fee
imposed
under
this
34
chapter
,
shall
not
require
in-kind
services
by
a
public
utility
35
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S.F.
401
right-of-way
user
,
or
require
in-kind
services
as
a
condition
1
of
the
use
of
the
local
government’s
public
right-of-way
,
2
unless
pursuant
to
a
voluntary
agreement
between
a
public
3
utility
and
local
government
to
share
services
for
the
purpose
4
of
reducing
costs
and
preserving
public
rights-of-way
for
5
future
public
safety
purposes
.
6
EXPLANATION
7
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
8
the
explanation’s
substance
by
the
members
of
the
general
assembly.
9
This
bill
relates
to
certain
fees
imposed
on
public
10
utilities
for
the
use
of
public
rights-of-way.
Code
chapter
11
480A
allows
local
governments
to
impose
certain
fees
on
public
12
utilities
for
operating
public
utility
facilities
in
public
13
rights-of-way.
A
local
government
may
only
impose
a
fee
for
14
management
costs,
as
defined,
that
are
caused
by
the
public
15
utility’s
activity
in
the
right-of-way,
and
cannot
require
16
in-kind
services
in
lieu
of
a
fee.
17
The
bill
modifies
the
definition
of
“management
costs”
in
18
Code
chapter
480A
to
provide
that
such
costs
must
be
direct
and
19
fully
documented.
The
bill
specifies
that
a
local
government
20
may
only
recover
a
permit
fee
for
management
costs
attributable
21
to
the
public
utility’s
requested
use
of
an
available
public
22
right-of-way,
instead
of
management
costs
caused
by
the
23
public
utility’s
activity
in
the
right-of-way.
The
bill
24
provides
that
Code
section
480A.3,
relating
to
permissible
25
fees
imposed
on
public
utilities,
shall
not
prohibit
voluntary
26
agreements
between
a
public
utility
and
local
government
to
27
share
services
for
the
purpose
of
reducing
costs
and
preserving
28
public
rights-of-way
for
future
public
safety
purposes,
and
29
allows
in-kind
services
in
lieu
of
a
fee
if
pursuant
to
such
a
30
voluntary
agreement.
31
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