Bill Text: IA SSB3057 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to public utility access to public road rights-of-way.(See SF 2189.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2022-02-02 - Committee report approving bill, renumbered as SF 2189. [SSB3057 Detail]
Download: Iowa-2021-SSB3057-Introduced.html
Senate
Study
Bill
3057
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
COMMERCE
BILL
BY
CHAIRPERSON
SCHULTZ)
A
BILL
FOR
An
Act
relating
to
public
utility
access
to
public
road
1
rights-of-way.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5369XC
(3)
89
es/rn
S.F.
_____
Section
1.
Section
306.46,
subsection
1,
Code
2022,
is
1
amended
to
read
as
follows:
2
1.
A
public
utility
may
construct,
operate,
repair,
3
or
maintain
its
utility
facilities
within
a
public
road
4
right-of-way.
An
agency,
as
defined
in
section
306.2,
shall
5
not
require
a
public
utility
to
place
its
utility
facilities
6
within
an
agency-owned
conduit
as
a
condition
of
accessing
7
a
public
road
right-of-way.
The
location
of
new
utility
8
facilities
shall
comply
with
section
318.9
.
A
utility
facility
9
shall
not
be
constructed
or
installed
in
a
manner
that
causes
10
interference
with
public
use
of
the
road.
An
agency
shall
11
provide
nondiscriminatory
access
to
a
public
road
right-of-way
12
and
to
an
agency-owned
conduit
for
purposes
of
public
13
utilities’
broadband
deployment.
14
EXPLANATION
15
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
16
the
explanation’s
substance
by
the
members
of
the
general
assembly.
17
This
bill
prohibits
a
governmental
body
which
exercises
18
jurisdiction
over
roadways
(agency)
from
requiring
a
public
19
utility
to
place
utility
facilities
within
an
agency-owned
20
conduit
as
a
condition
of
accessing
a
public
road.
An
agency
21
in
control
of
a
road
must
provide
nondiscriminatory
access
22
to
the
road
and
nondiscriminatory
access
to
an
agency-owned
23
conduit
for
projects
related
to
broadband
infrastructure.
24
Current
law
is
silent
as
to
whether
an
agency
can
require
a
25
public
utility
to
use
an
agency’s
conduit
as
a
condition
of
26
accessing
a
public
road.
27
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89
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1
