House File 655 - Enrolled
HOUSE FILE
BY COMMITTEE ON WAYS AND
MEANS
(SUCCESSOR TO HF 556)
(SUCCESSOR TO HSB 167)
\5
A BILL FOR
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House File 655
AN ACT
RELATING TO COMMUNITY DEVELOPMENT BY ESTABLISHING APPLICATION
RULES AND LIMITATIONS FOR WIRELESS COMMUNICATIONS FACILITIES
AND INFRASTRUCTURE, BY MODIFYING PROVISIONS RELATED TO
REINVESTMENT DISTRICTS AND FLOOD MITIGATION PROJECTS, AND BY
PROVIDING FOR THE COORDINATION AND FACILITATION OF BROADBAND
ACCESS IN TARGETED AREAS OF THE STATE, INCLUDING PROPERTY
TAX INCENTIVES, AND INCLUDING EFFECTIVE DATE AND RETROACTIVE
AND OTHER APPLICABILITY PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
WIRELESS COMMUNICATIONS FACILITIES AND INFRASTRUCTURE
APPLICATIONS
Section 1. NEW SECTION. 8C.1 Short title.
This chapter shall be known and may be cited as the "Iowa
Cell Siting Act".
Sec. 2. NEW SECTION. 8C.2 Definitions.
For the purposes of this chapter, unless the context
otherwise requires:
1. "Applicant" means any person engaged in the business of
providing wireless telecommunications services or the wireless
telecommunications infrastructure required for wireless
telecommunications services and who submits an application.
2. "Application" means a request submitted by an applicant
to an authority to construct a new tower, for the initial
placement of transmission equipment on a wireless support
structure, for the modification of an existing tower or
existing base station that constitutes a substantial change
to an existing tower or existing base station, or any other
request to construct or place transmission equipment that does
not meet the definition of an eligible facilities request.
3. "Authority", used as a noun, means a state, county,
or city governing body, board, agency, office, or commission
authorized by law to make legislative, quasi=judicial,
or administrative decisions relative to an application.
"Authority" does not include state courts having jurisdiction
over land use, planning, or zoning decisions made by an
authority, the utilities division of the department of
commerce, or entities that do not have zoning or permitting
authority.
4. a. "Base station" means a structure or equipment at a
fixed location that enables wireless communications licensed by
the federal communications commission or authorized wireless
communications between user equipment and a communications
network.
b. "Base station" does not mean a tower or equipment
associated with a tower.
c. "Base station" includes but is not limited to equipment
associated with wireless communications services such as
private, broadcast, and public safety services and unlicensed
wireless services and fixed wireless services such as microwave
backhaul.
d. "Base station" includes but is not limited to radio
transceivers, antennas, coaxial or fiberoptic cable, regular
and backup power supplies, and comparable equipment, regardless
of technological configuration.
e. "Base station" includes a structure other than a tower
that, at the time the relevant application is filed with
the state or local government, supports or houses equipment
described in this subsection that has been reviewed and
approved under the applicable zoning or siting process, or
under another state or local regulatory review process, even if
the structure was not built for the sole or primary purpose of
providing such support.
f. "Base station" does not include any structure that at
the time the relevant application is filed with the state or
local government does not support or house equipment described
in this subsection.
5. "Collocation" means the mounting or installation of
additional transmission equipment on a support structure
already in use for the purpose of transmitting or receiving
radio frequency signals for communications purposes.
5A. "Electric utility" means any owner or operator of
electric transmission or distribution facilities subject to the
regulation and enforcement activities of the Iowa utilities
board relating to safety standards.
6. "Eligible facilities request" means a request for
modification of an existing tower or base station that does
not substantially change the physical dimensions of the tower
or base station and involves collocation of new transmission
equipment, the removal of transmission equipment, or the
replacement of transmission equipment.
7. "Existing tower" or "existing base station" means a tower
or base station that has been reviewed and approved under the
applicable zoning or siting process, or under another state or
local regulatory review process. "Existing tower" includes a
tower that was not reviewed and approved because it was not in
a zoned area when it was built and lawfully constructed.
8. "Initial placement or installation" means the first time
transmission equipment is placed or installed on a wireless
support structure.
9. a. "Site", in relation to a tower that is not in the
public right=of=way, means the current boundaries of the leased
or owned property surrounding the tower and any access or
utility easements currently related to the site.
b. "Site", in relation to support structures other than
towers, means an area in proximity to the structure and to
other transmission equipment already deployed on the ground.
10. "Substantial change" means a change in the existing
support structure which results in one or more of the
following:
a. (1) Increase in the height of a tower, other than a
tower in the public right=of=way, by more than ten percent or
by the height of one additional antenna array with separation
from the nearest existing antenna not to exceed twenty feet,
whichever is greater.
(2) Increase in the height of existing support structures,
other than a tower in subparagraph (1), by more than ten
percent or more than ten feet, whichever is greater.
(3) Height shall be measured from the original support
structure in cases where deployments are or will be separated
horizontally, such as on buildings' rooftops. Otherwise,
height shall be measured from the dimensions of the tower or
base station, inclusive of originally approved appurtenances
and any modifications that were approved prior to the passage
of the Spectrum Act, Pub. L. No. 112=96, Tit. VI.
b. (1) Addition of an appurtenance to the body of the
tower, other than a tower in the public right=of=way, that
would protrude from the edge of the tower more than twenty
feet, or more than the width of the tower structure at the
level of the appurtenance, whichever is greater.
(2) Addition of an appurtenance to an existing support
structure, other than a tower under subparagraph (1), that
would protrude from the edge of the structure by more than six
feet.
c. (1) Installation of more than the standard number of
new equipment cabinets for the technology involved, but not to
exceed four cabinets.
(2) Installation of any new equipment cabinets on the ground
if there are no preexisting ground cabinets associated with the
tower in the public right=of=way or base station.
(3) Installation of ground cabinets that are more than
ten percent larger in height or overall volume than any
other ground cabinets associated with a tower in the public
right=of=way or base station.
d. Excavation or deployment outside the current site.
e. Defeat of concealment elements of the existing support
structure.
f. Noncompliance with conditions associated with the siting
approval of the construction or modification of the existing
support structure or base station equipment, except if the
change is noncompliant only in a manner that does not exceed
the thresholds identified in paragraphs "a" through "d".
11. "Tower" means a structure built for the sole or
primary purpose of supporting an antenna and the associated
facilities authorized or licensed by the federal communications
commission. "Tower" includes structures constructed for
wireless communications services, including but not limited to
private, broadcast, and public safety services and unlicensed
wireless services and fixed wireless services, such as
microwave backhaul, and the associated site.
12. "Transmission equipment" means equipment that
facilitates transmission for a wireless communications
service licensed or authorized by the federal communications
commission, including but not limited to radio transceivers,
antennas, coaxial or fiberoptic cable, and regular and backup
power supply. "Transmission equipment" includes equipment
associated with wireless communications services, including but
not limited to private, broadcast, and public safety services,
such as wireless local area network services and services
utilizing a set of specifications developed by the institute
of electrical and electronics engineers for interface between
a wireless client and a base station or between two wireless
clients, as well as unlicensed wireless services and fixed
wireless services, such as microwave backhaul.
12A. "Utility pole" means a structure owned or operated by
a public utility, municipality, or electric utility that is
designed specifically for and used to carry lines, cable, or
wires for telephone, cable television, or electricity, or to
provide lighting.
13. "Wireless support structure" means a structure that
exists at the time an application is submitted and is capable
of supporting the attachment or installation of transmission
equipment in compliance with applicable codes, including but
not limited to water towers, buildings, and other structures,
whether within or outside the public right=of=way. "Wireless
support structure" does not include a tower or existing base
station.
Sec. 3. NEW SECTION. 8C.3 Uniform rules and limitations ====
applications.
In order to ensure uniformity across this state with respect
to the consideration of every application, and notwithstanding
any other provision to the contrary, an authority shall not do
any of the following:
1. Require an applicant to submit information about, or
evaluate an applicant's business decisions with respect to,
the applicant's designed service, customer demand for service,
or quality of the applicant's service to or from a particular
area or site, but may require propagation maps solely for the
purpose of identifying the location of the coverage or capacity
gap or need for applications for new towers in an area zoned
residential.
2. a. Evaluate an application based on the availability of
other potential locations for the placement or construction of
a tower or transmission equipment.
b. Require the applicant to establish other options for
collocation instead of the construction of a new tower or
modification of an existing tower or existing base station
that constitutes a substantial change to an existing tower or
existing base station.
c. Notwithstanding paragraph "b", an authority shall require
an applicant applying for the construction of a new tower to
provide an explanation regarding the reason for choosing the
proposed location and the reason the applicant did not choose
collocation. The explanation shall include a sworn statement
from an individual who has responsibility over placement of the
tower attesting that collocation within the area determined
by the applicant to meet the applicant's radio frequency
engineering requirements for the placement of a site would not
result in the same mobile service functionality, coverage,
and capacity, is technically infeasible, or is economically
burdensome to the applicant.
3. Dictate the type of transmission equipment or technology
to be used by the applicant or discriminate between different
types of infrastructure or technology.
4. a. Require the removal of existing towers, base
stations, or transmission equipment, wherever located, as a
condition to approval of an application.
b. Notwithstanding paragraph "a", the authority may adopt
reasonable rules regarding removal of abandoned towers or
transmission equipment.
5. Impose environmental testing, sampling, or monitoring
requirements, or other compliance measures, for radio frequency
emissions from transmission equipment that are categorically
excluded under the federal communications commission's
rules for radio frequency emissions pursuant to 47 C.F.R.
{1.1307(b)(1).
6. Establish or enforce regulations or procedures for radio
frequency signal strength or the adequacy of service quality.
7. Reject an application, in whole or in part, based on
perceived or alleged environmental effects of radio frequency
emissions, as provided in 47 U.S.C. {332(c)(7)(B)(iv).
8. Prohibit the placement of emergency power systems that
comply with federal and state environmental requirements.
9. Charge an application fee, consulting fee, or other fee
associated with the submission, review, processing, or approval
of an application, unless the fee charged is in compliance with
this section. Fees imposed by an authority or by a third=party
entity providing review or technical consultation to the
authority shall be based on actual, direct, and reasonable
administrative costs incurred for the review, processing, and
approval of an application. In no case shall total charges and
fees exceed five hundred dollars for an eligible facilities
request or three thousand dollars for an application for
a new tower, for the initial placement or installation of
transmission equipment on a wireless support structure, for
a modification of an existing tower or existing base station
that constitutes a substantial change to an existing tower or
base station, or any other application to construct or place
transmission equipment that does not constitute an eligible
facilities request. An authority or any third=party entity
shall not include within its charges any travel expenses
incurred in the review of an application for more than one trip
to the authority's jurisdiction, and an applicant shall not
be required to pay or reimburse an authority for consultant
or other third=party fees based on a contingency=based or
result=based arrangement.
10. Impose surety requirements, including bonds, escrow
deposits, letters of credit, or any other type of financial
surety, to ensure that abandoned or unused towers or
transmission equipment can be removed, unless requirements
are competitively neutral, nondiscriminatory, reasonable in
amount, and commensurate with the historical record for local
facilities and structures that are abandoned.
11. Condition the approval of an application on the
applicant's agreement to provide space on or near the tower,
base station, or wireless support structure for authority or
local governmental or nongovernmental services at less than the
market rate for such space or to provide other services via the
structure or facilities at less than the market rate for such
services.
12. Limit the duration of the approval of an application,
except that construction of the approved structure or
facilities shall be commenced within two years of final
approval, including the disposition of any appeals, and
diligently pursued to completion.
13. Discriminate on the basis of the ownership, including
ownership by the authority, of any property, structure, or
tower when promulgating rules or procedures for siting wireless
facilities or for evaluating applications.
Sec. 4. NEW SECTION. 8C.4 Uniform rules ==== new tower
applications.
1. An authority may exercise zoning, land use, planning,
and permitting authority within the authority's territorial
boundaries with regard to the siting of new towers, subject to
the provisions of this chapter and federal law.
2. An applicant that proposes to construct a new tower
within the jurisdiction of an authority that has adopted
planning and zoning regulations shall submit the necessary
copies and attachments of the application to the appropriate
authority and comply with applicable local ordinances
concerning land use and the appropriate permitting processes.
3. All records, documents, and electronic data in the
possession or custody of authority personnel are subject to
chapter 22. Disclosure of such records shall be consistent
with applicable state law.
4. An authority, within one hundred fifty calendar days
of receiving an application to construct a new tower, unless
another date is specified in a written agreement between the
authority and the applicant, shall comply with the following
provisions:
a. Review the application for conformity with applicable
local zoning regulations, building permit requirements, and
consistency with this chapter. An application is deemed to
be complete unless the authority notifies the applicant in
writing, within thirty calendar days of submission of the
application, specifying the deficiencies in the application
which, if cured, would make the application complete. The
authority's timeframe to review the application is tolled
beginning the date the notice is sent. The authority's
timeframe of one hundred fifty days for review of the
application begins running again when the applicant cures the
specified deficiencies. Following the applicant's supplemental
submission, the authority has ten days to notify the
applicant that the supplemental submission did not provide the
information identified in the original notice that specified
deficiencies in the application. The authority's timeframe of
one hundred fifty days to review the application is tolled in
the case of second or subsequent notices in conformance with
this paragraph. The authority shall not include deficiencies
in a second or subsequent notice that were not delineated in
the original notice. The authority's timeframe for review does
not toll if the authority requests information regarding any of
the considerations an authority may not consider as described
in section 8C.3.
b. Make its final decision to approve or disapprove the
application.
c. Advise the applicant in writing of its final decision.
5. If the authority fails to act on an application to
construct a new tower within the timeframe for review specified
under subsection 4, the application shall be deemed approved.
6. A party aggrieved by the final action of an authority,
either by its affirmative disapproval of an application under
the provisions of this section or by its inaction, may bring an
action for review in any court of competent jurisdiction.
Sec. 5. NEW SECTION. 8C.5 Uniform rules for certain
changes.
1. An authority may exercise zoning, land use, planning,
and permitting authority within the authority's territorial
boundaries with regard to an application for initial placement
or installation of transmission equipment on wireless support
structures, for modification of an existing tower or existing
base station that constitutes a substantial change, or for a
request for construction or placement of transmission equipment
that does not constitute an eligible facilities request,
subject to the provisions of this chapter and federal law.
2. An applicant that proposes an initial placement or
installation of transmission equipment on wireless support
structures, a modification of an existing tower or existing
base station that constitutes a substantial change, or a
request for construction or placement of transmission equipment
that does not constitute an eligible facilities request, within
the jurisdiction of an authority that has adopted planning
and zoning ordinances, rules, or regulations shall submit the
necessary copies and attachments of the application to the
authority and comply with such applicable local ordinances,
rules, or regulations concerning land use and zoning and the
appropriate local permitting processes.
3. All records, including but not limited to documents and
electronic data, in the possession or custody of authority
personnel are subject to chapter 22. Disclosure of such
records shall be consistent with applicable state law.
4. An authority, within ninety calendar days of receiving an
application pursuant to subsection 2, unless another date is
specified in a written agreement between the authority and the
applicant, shall comply with the following provisions:
a. Review the application for conformity with applicable
local zoning ordinances, rules, or regulations, building
permit requirements, and consistency with this chapter. An
application is deemed to be complete unless the authority
notifies the applicant in writing, within thirty calendar
days of submission of the application, specifying the
deficiencies in the application which, if cured, would make
the application complete. The authority's timeframe for
review is tolled beginning the date the notice is sent. The
authority's ninety=day timeframe for review of the application
begins running again when the applicant cures the specified
deficiencies. Following the applicant's supplemental
submission, the authority has ten days to notify the
applicant that the supplemental submission did not provide the
information identified in the original notice that specified
deficiencies. The authority's ninety=day timeframe to review
the application is tolled in the case of second or subsequent
notices in conformance with this paragraph. The authority
shall not include deficiencies in a second or subsequent
notice that were not delineated in the original notice. The
authority's ninety=day timeframe for review does not toll
if the authority requests information regarding any of the
considerations an authority may not consider as described in
section 8C.3.
b. Make its final decision to approve or disapprove the
application.
c. Advise the applicant in writing of its final decision.
5. If the authority fails to act on an application for an
initial placement or installation of transmission equipment on
wireless support structures, for a modification of an existing
tower or existing base station that constitutes a substantial
change, or for a request for construction or placement of
transmission equipment that does not constitute an eligible
facilities request within the review period specified under
subsection 4, the application shall be deemed approved.
6. A party aggrieved by the final action of an authority,
either by its affirmative disapproval of an application under
the provisions of this section or by its inaction, may bring an
action for review in any court of competent jurisdiction.
Sec. 6. NEW SECTION. 8C.6 Use of public lands for towers
and transmission equipment.
1. In accordance with other applicable laws, when entering
into a lease with an applicant for the applicant's use of
public lands, an authority shall offer the market rate value
for use of that land. The term of the lease shall be for at
least twenty years, but all or a portion of the land may be
subject to release for public purposes after fifteen years.
2. a. If the authority and the applicant cannot agree
on the market rate for lease of the public land and cannot
agree on the process to derive the market rate, the appraisals
of a three=person panel of appraisers shall determine the
market rate. Each party will appoint one appraiser and the
two appointed appraisers shall select a third appraiser. Each
appraiser shall independently appraise the appropriate market
rate for lease of the land. The market rate shall be set at
the median value between the highest and lowest market rates
determined by the three independent appraisers. However, if
the median between the appraisals of the appraisers appointed
by each party is greater than or less than ten percent of the
appraisal of the appraiser selected by the two appraisers, then
the appraisal of the appraiser selected by the two appraisers
shall determine the rate for the lease. Each appraiser
shall send a copy of the appraisal to the authority and the
applicant. The authority shall use the appraisal process under
this paragraph to determine the lease rate for purposes of this
subsection.
0b. An authority shall approve or reject the lease rate as
determined by the appraisal process pursuant to paragraph "a"
within fifteen days following completion and receipt of the
appraisals obtained pursuant to paragraph "a". The authority's
failure to reject the lease rate as determined by the appraisal
process within fifteen days constitutes approval of the lease
rate determined pursuant to paragraph "a" as the market rate
value for the use of the land for purposes of the lease between
the authority and the applicant.
b. The authority and applicant shall conclude the appraisal
process within one hundred fifty calendar days from the date
the applicant first offered a proposed lease rate to the
authority.
c. If using the three=person panel, each party shall bear
the cost of its own appointed appraiser and equally share the
cost of the third appraiser.
Sec. 7. NEW SECTION. 8C.7 Utility poles.
Notwithstanding any provision to the contrary, an authority
shall not mandate, require, or regulate the installation,
location, or use of transmission equipment on a utility pole.
Sec. 8. NEW SECTION. 8C.8 Application and construction.
This chapter shall not be construed as:
1. Prohibiting an airport, aviation authority, or
municipality from administering and enforcing airport zoning
pursuant to the provisions of chapter 329 for the protection
of navigable airspace.
2. Infringing upon the jurisdiction of a commission, as
defined in section 303.20, to approve or deny applications
for proposed alterations to exterior features within an area
designated as an area of historical significance.
3. Infringing upon the jurisdiction of a city or county,
or any other entity authorized by statute, to approve or deny
applications for proposed alterations to exterior features of
designated local historic landmarks.
Sec. 9. NEW SECTION. 8C.9 Repeal.
This chapter is repealed July 1, 2020.
Sec. 10. APPLICABILITY. This division of this Act applies
to applications submitted on or after the effective date of
this division of this Act.
DIVISION II
REINVESTMENT DISTRICTS AND FLOOD MITIGATION
Sec. 11. Section 15J.4, subsection 3, paragraph a, Code
2015, is amended to read as follows:
a. The municipality shall submit a copy of the resolution,
the proposed district plan, and all accompanying materials
adopted pursuant to this section to the board for evaluation.
The board shall not approve a proposed district plan or an
amendment to an existing district's plan on or after July 1,
2018.
Sec. 12. Section 28F.12, Code 2015, is amended to read as
follows:
28F.12 Additional powers of the entity.
1. If the entity is comprised solely of cities, counties,
and sanitary districts established under chapter 358, or any
combination thereof, the entity shall have in addition to all
the powers enumerated in this chapter, the powers which that a
county has with respect to solid waste disposal projects.
2. If the entity is comprised solely of cities, counties,
and sanitary districts established under chapter 358, or any
combination thereof, it is a governmental entity with respect
to projects undertaken pursuant to chapter 418 and may exercise
all of the powers of a governmental entity under that chapter
in connection with the flood mitigation project. Unless
otherwise provided in chapter 418, if undertaking a flood
mitigation project as a governmental entity under chapter
418, the provisions of chapter 418 shall prevail over any
conflicting provision in this chapter.
Sec. 13. Section 418.1, subsection 4, paragraph c,
unnumbered paragraph 1, Code 2015, is amended to read as
follows:
A joint board or other legal or administrative entity
established or designated in an agreement pursuant to chapter
28E or 28F between any of the following:
Sec. 14. Section 418.1, subsection 4, paragraph c, Code
2015, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH. (4) One or more counties, one or more
cities that are located in whole or in part within those
counties, and one or more sanitary districts established under
chapter 358 or a combined water and sanitary district as
provided for in sections 357.1B and 358.1B, located in whole or
in part within those counties.
Sec. 15. Section 418.4, subsection 1, paragraph b, Code
2015, is amended to read as follows:
b. A governmental entity as defined in section 418.1,
subsection 4, paragraph "c", shall have the power to construct,
acquire, own, repair, improve, operate, and maintain a project,
may sue and be sued, contract, and acquire and hold real and
personal property, subject to the limitation in paragraph
"c", and shall have such other powers as may be included in
the chapter 28E or 28F agreement. Such a governmental entity
may contract with a city or the county participating in the
chapter 28E agreement to perform any governmental service,
activity, or undertaking that the city or county is authorized
by law to perform, including but not limited to contracts for
administrative services.
Sec. 16. Section 418.11, subsection 3, paragraph c, Code
2015, is amended to read as follows:
c. For projects approved for a governmental entity as
defined in section 418.1, subsection 4, paragraph "c", the
area used to determine the sales tax increment shall include
the incorporated areas of each participating city that is
participating in the chapter 28E agreement, the unincorporated
areas of the each participating county, and the area of any
participating drainage district not otherwise included in
the areas of the participating cities or county, and the
area served by any sanitary district or combined water and
sanitary district and not otherwise included in the areas of
the participating cities or counties, as applicable.
Sec. 17. Section 418.11, subsection 3, Code 2015, is amended
by adding the following new paragraph:
NEW PARAGRAPH. d. For all projects, the area used to
determine the sales tax increment shall not include any parcels
of real property that are included in a reinvestment district
designated pursuant to chapter 15J.
Sec. 18. Section 418.14, subsection 3, paragraph a, Code
2015, is amended to read as follows:
a. Except as otherwise provided in this section, bonds
issued pursuant to this section shall not be subject to
the provisions of any other law or charter relating to the
authorization, issuance, or sale of bonds. Bonds issued under
this section shall not limit or restrict the authority of a
governmental entity as defined in section 418.1, subsection 4,
paragraphs "a" and "b", or a city, county, or drainage district,
sanitary district, or combined water and sanitary district
participating in a governmental entity as defined in section
418.1, subsection 4, paragraph "c", to issue bonds for the
project under other provisions of the Code.
Sec. 19. Section 418.14, subsection 4, paragraph b, Code
2015, is amended to read as follows:
b. If the moneys in the governmental entity's flood project
fund are insufficient to pay the governmental entity's costs
related to bonds, notes, or other obligations issued under
this chapter, the amounts necessary to pay such costs may
be levied and transferred for deposit in the governmental
entity's flood project fund from the debt service fund of the
governmental entity or, if applicable, the debt service fund
of a participating city or county for a governmental entity as
defined in section 418.1, subsection 4, paragraph "c", but only
if and to the extent provided in the resolution authorizing the
issuance of bonds and, if applicable, the chapter 28E or 28F
agreement.
Sec. 20. Section 418.15, subsection 4, Code 2015, is amended
to read as follows:
4. All property and improvements acquired by a governmental
entity as defined in section 418.1, subsection 4, paragraph
"c", relating to a project shall be transferred to the county,
city, or drainage district, sanitary district, or combined
water and sanitary district designated in the chapter 28E or
28F agreement to receive such property and improvements. The
county, city, or drainage district, sanitary district, or
combined water and sanitary district to which such property or
improvements are transferred shall, unless otherwise provided
in the chapter 28E or 28F agreement, be solely responsible
for the ongoing maintenance and support of such property and
improvements.
Sec. 21. Section 423.2, subsection 11, paragraph b, Code
2015, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH. (05) Beginning the first day of the
calendar quarter beginning on the reinvestment district's
commencement date, subject to remittance limitations
established by the economic development authority board
pursuant to section 15J.4, subsection 3, transfer to a district
account created in the state reinvestment district fund for
each reinvestment district established under chapter 15J, the
amount of new state sales tax revenue, determined in section
15J.5, subsection 1, paragraph "b", in the district, that
remains after the prior transfers required under this paragraph
"b". Such transfers shall cease pursuant to section 15J.8.
Sec. 22. Section 423.2, subsection 11, paragraph b,
subparagraph (6), Code 2015, is amended by striking the
subparagraph.
Sec. 23. Section 423.2, Code 2015, is amended by adding the
following new subsection:
NEW SUBSECTION. 11A. Of the amount of sales tax revenue
actually transferred per quarter pursuant to subsection 11,
paragraph "b", subparagraphs (05) and (5), the department shall
retain an amount equal to the actual cost of administering the
transfers under subsection 11, paragraph "b", subparagraphs
(05) and (5), or twenty=five thousand dollars, whichever is
less. The amount retained by the department pursuant to this
subsection shall be divided pro rata each quarter between the
amounts that would have been transferred pursuant to subsection
11, paragraph "b", subparagraphs (05) and (5), without the
deduction made by operation of this subsection. Revenues
retained by the department pursuant to this subsection shall be
considered repayment receipts as defined in section 8.2.
Sec. 24. EFFECTIVE UPON ENACTMENT. This division of this
Act, being deemed of immediate importance, takes effect upon
enactment.
Sec. 25. RETROACTIVE AND OTHER APPLICABILITY.
1. Except as provided in subsection 3, this division of this
Act applies retroactively to reinvestment districts designated
under chapter 15J in existence on or after July 1, 2014.
2. Except as provided in subsection 3, this division of
this Act applies to flood mitigation project plan applications
received under chapter 418 before, on, or after the effective
date of this division of this Act.
3. The sections of this division of this Act amending
section 423.2, subsection 11, and enacting section 423.2,
subsection 11A, apply to transfers of sales tax revenues made
on or after July 1, 2015.
DIVISION III
STATEWIDE BROADBAND COORDINATION
Sec. 26. Section 8B.1, Code 2015, is amended by adding the
following new subsections:
NEW SUBSECTION. 01. "Broadband" means a high=speed,
high=capacity electronic transmission medium, including fixed
wireless and mobile wireless mediums, that can carry data
signals from independent network sources by establishing
different bandwidth channels and that is commonly used to
deliver internet services to the public.
NEW SUBSECTION. 001. "Broadband infrastructure" means
the physical infrastructure used for the transmission of data
that provides broadband services. "Broadband infrastructure"
does not include land, buildings, structures, improvements, or
equipment not directly used in the transmission of data via
broadband.
NEW SUBSECTION. 0001. "Communications service provider"
means a service provider that provides broadband service.
NEW SUBSECTION. 00001. "Crop operation" means the same as
defined in section 717A.1.
NEW SUBSECTION. 7A. "Targeted service area" means a United
States census bureau census block located in this state,
including any crop operation located within the census block,
within which no communications service provider offers or
facilitates broadband service at or above twenty=five megabits
per second of download speed and three megabits per second of
upload speed as of the effective date of this Act.
Sec. 27. Section 8B.1, subsection 1, Code 2015, is amended
to read as follows:
1. "Information technology" means computing and electronics
applications used to process and distribute information in
digital and other forms and includes information technology
devices, information technology services, infrastructure
services, broadband and broadband infrastructure, and
value=added services.
Sec. 28. Section 8B.3, subsection 1, Code 2015, is amended
to read as follows:
1. The office is created for the purpose of leading,
directing, managing, coordinating, and providing accountability
for the information technology resources of state government
and for coordinating statewide broadband availability and
access.
Sec. 29. Section 8B.4, Code 2015, is amended by adding the
following new subsections:
NEW SUBSECTION. 14A. Streamline, consolidate, and
coordinate the access to and availability of broadband and
broadband infrastructure throughout the state, including but
not limited to the facilitation of public=private partnerships,
ensuring that all state agencies' broadband and broadband
infrastructure policies and procedures are aligned, resolving
issues which arise with regard to implementation efforts,
and collecting data and developing metrics or standards
against which the data may be measured and evaluated regarding
broadband infrastructure installation and deployment.
NEW SUBSECTION. 14B. Administer the broadband grant
program pursuant to section 8B.11.
NEW SUBSECTION. 14C. Coordinate the fiberoptic network
conduit installation program established in section 8B.25.
Sec. 30. Section 8B.9, Code 2015, is amended by adding the
following new subsection:
NEW SUBSECTION. 5. An annual report regarding the status
of broadband expansion and coordination, the connecting
Iowa farms, schools, and communities broadband grant program
established under section 8B.11, and the adequacy of the speed
set in the definition of targeted service area in section 8B.1.
Sec. 31. NEW SECTION. 8B.10 Targeted service areas ====
determination ==== criteria.
1. The determination of whether a communications service
provider offers or facilitates broadband service meeting the
download or upload speeds specified in the definition of
targeted service area in section 8B.1 shall be determined or
ascertained by reference to broadband availability maps or data
sources that are widely accepted for accuracy and available for
public review and comment and that are identified by the office
by rule.
2. The office shall establish procedures to allow
challenges to the office's finding on whether an area meets the
definition of targeted service area.
Sec. 32. NEW SECTION. 8B.11 Connecting Iowa farms, schools,
and communities ==== broadband grants ==== fund.
1. The office shall administer a broadband grant program
to award grants to communication service providers that reduce
or eliminate targeted service areas by installing broadband
infrastructure in targeted service areas in accordance with
this section.
2. a. A connecting Iowa farms, schools, and communities
broadband grant fund is established in the state treasury under
the authority of the office. The fund shall consist of moneys
available to and obtained or accepted by the office. Moneys
in the fund are appropriated to the office to be used for the
grant program.
b. The office shall use moneys in the fund to provide grants
to communication service providers pursuant to this section.
The office shall use moneys in the fund to leverage available
federal moneys if possible.
c. Notwithstanding section 8.33, moneys in the fund
that remain unencumbered or unobligated at the close of the
fiscal year shall not revert but shall remain available for
expenditure for the purposes designated until the close of the
succeeding fiscal year.
3. Communication service providers may apply to the office
for a grant pursuant to this section for the installation of
broadband infrastructure that facilitates broadband service
at or above twenty=five megabits per second of download speed
and three megabits per second of upload speed in targeted
service areas. The office shall include representatives from
schools, communities, agriculture, industry, and other areas
as appropriate to review and recommend grant awards. The
office shall conduct an open application review process and
include a public internet site for applications, results, and
performance.
4. a. The office shall award grants on a competitive basis
after considering the following:
(1) The relative need for broadband infrastructure in the
area and the existing broadband service speeds.
(2) The percentage of the homes, farms, schools, and
businesses in the targeted service area that will be provided
access to broadband service.
(3) The geographic diversity of the project areas of all the
applicants.
(4) The economic impact of the project to the area.
(5) The applicant's total proposed budget for the project,
including the amount or percentage of local match, if any.
(6) Other factors the office deems relevant.
b. Except as otherwise provided in this section, the office
shall not evaluate applications based on the office's knowledge
of the applicant except for the information provided in the
application.
5. The office shall not award a grant pursuant to this
section that exceeds fifteen percent of the communication
service provider's project cost.
6. The office shall provide public notice regarding the
application process and receipt of funding.
7. The office shall not award a grant pursuant to this
section on or after July 1, 2020.
8. The office shall adopt rules pursuant to chapter 17A,
including but not limited to the broadband grant program
process, management, and measurements as deemed necessary by
the office.
Sec. 33. NEW SECTION. 8B.25 Fiberoptic network conduit
installation program.
1. For purposes of this section:
a. "Fiberoptic network conduit" means a pipe, vault,
or duct used to enclose fiberoptic cable facilities buried
alongside a roadway or surface mounted on a bridge, overpass,
or other facility where placement below ground is impossible
or impractical. "Fiberoptic network conduit" does not include
electronics or cable.
b. "Public funding" does not include a tax exemption
authorized under section 427.1, subsection 40.
c. "Where such conduit does not exist" means that private
or publicly owned fiberoptic cable is not currently within a
linear range of five hundred feet or less in any one direction.
2. The office shall lead and coordinate a program to provide
for the installation of fiberoptic network conduit where such
conduit does not exist. The chief information officer shall
consult and coordinate with applicable agencies and entities
as determined appropriate to ensure that the opportunity is
provided to lay or install fiberoptic network conduit wherever
a state=funded construction project involves trenching, boring,
a bridge, a roadway, or opening of the ground, or alongside any
state=owned infrastructure.
3. Contingent upon the provision of funding for such
purposes by the general assembly, the office may contract
with a nongovernmental third party to manage, lease, install,
or otherwise provide fiberoptic network conduit access for
projects described in this section. This section does not
require coordination with or approval from the office pursuant
to this program or installation of fiberoptic conduit as
required by this section for construction projects not using
public funding.
Sec. 34. NEW SECTION. 8B.26 Broadband permitting process
==== expeditious response.
Notwithstanding any other provision to the contrary and in
compliance with applicable federal laws and regulations, a
political subdivision vested with permitting authority shall
approve, approve with modification, or disapprove nonwireless,
broadband=related permits within sixty business days following
the submission of the necessary application requirements. In
the event that no action is taken during the sixty=day period,
the application shall be deemed approved.
Sec. 35. Section 8D.3, subsection 2, paragraph a, Code 2015,
is amended to read as follows:
a. The commission is composed of five voting members
appointed by the governor and subject to confirmation by the
senate. Members Voting members of the commission shall not
serve in any manner or be employed by an authorized user of the
network or by an entity seeking to do or doing business with
the network.
(1) The governor shall appoint a voting member as the
chairperson of the commission from the five voting members
appointed by the governor, subject to confirmation by the
senate.
(2) Members Voting members of the commission shall serve
six=year staggered terms as designated by the governor and
appointments to the commission are subject to the requirements
of sections 69.16, 69.16A, and 69.19. Vacancies shall be
filled by the governor for the duration of the unexpired term.
(3) The salary of the voting members of the commission shall
be twelve thousand dollars per year, except that the salary
of the chairperson shall be seventeen thousand dollars per
year. Members Voting members of the commission shall also be
reimbursed for all actual and necessary expenses incurred in
the performance of duties as members. The benefits and salary
paid to the voting members of the commission shall be adjusted
annually equal to the average of the annual pay adjustments,
expense reimbursements, and related benefits provided under
collective bargaining agreements negotiated pursuant to chapter
20.
Sec. 36. Section 8D.3, subsection 2, paragraph b, Code 2015,
is amended to read as follows:
b. In addition to the members appointed by the governor,
the The auditor of state or the auditor's designee and the
chief information officer appointed pursuant to section 8B.2
or the chief information officer's designee shall serve as a
nonvoting, ex officio member members of the commission.
Sec. 37. Section 8D.4, Code 2015, is amended to read as
follows:
8D.4 Executive director appointed.
The commission, in consultation with the director of
the department of administrative services and the chief
information officer, shall appoint an executive director of
the commission, subject to confirmation by the senate. Such
individual shall not serve as a member of the commission.
The executive director shall serve at the pleasure of the
commission. The executive director shall be selected primarily
for administrative ability and knowledge in the field, without
regard to political affiliation. The governor shall establish
the salary of the executive director within range nine as
established by the general assembly. The salary and support of
the executive director shall be paid from funds deposited in
the Iowa communications network fund.
Sec. 38. Section 80.28, subsection 2, Code 2015, is amended
to read as follows:
2. The board shall consist of fifteen nineteen voting
members, as follows:
a. The following members representing state agencies:
(1) One member representing the department of public
safety.
(2) One member representing the state department of
transportation.
(3) One member representing the department of homeland
security and emergency management.
(4) One member representing the department of corrections.
(5) One member representing the department of natural
resources.
(6) One member representing the Iowa department of public
health.
(7) One member representing the office of the chief
information officer created in section 8B.2.
(8) One member representing the Iowa law enforcement
academy created in section 80B.4.
b. The governor shall solicit and consider recommendations
from professional or volunteer organizations in appointing the
following members:
(1) Two members who are representatives from municipal
police departments.
(2) Two members who are representatives of sheriff's
offices.
(3) Two members who are representatives from fire
departments. One of the members shall be a volunteer fire
fighter and the other member shall be a paid fire fighter.
(4) Two members who are law communication center managers
employed by state or local government agencies.
(05) One member representing local emergency management
coordinators.
(005) One member representing emergency medical service
providers.
(5) One at=large member.
DIVISION IV
PROPERTY TAX INCENTIVES AND ASSESSMENT
Sec. 39. Section 421.1A, subsection 3, Code 2015, is amended
to read as follows:
3. At the election of a property owner or aggrieved taxpayer
or an appellant described in section 441.42, the property
assessment appeal board shall review any final decision,
finding, ruling, determination, or order of a local board of
review relating to protests of an assessment, valuation, or
application of an equalization order, or any final decision
of the county board of supervisors relating to denial of an
application for, or the revocation of, a property tax exemption
pursuant to section 427.1, subsection 40.
Sec. 40. Section 421.1A, subsection 4, Code 2015, is amended
by adding the following new paragraph:
NEW PARAGRAPH. 0b. Affirm or reverse a final decision
of a county board of supervisors relating to denial of an
application for, or the revocation of, a property tax exemption
under section 427.1, subsection 40.
Sec. 41. Section 427.1, Code 2015, is amended by adding the
following new subsection:
NEW SUBSECTION. 40. Broadband infrastructure.
a. The owner of broadband infrastructure shall be entitled
to an exemption from taxation to the extent provided in this
subsection. For the purposes of this subsection, "broadband
infrastructure" and "targeted service area" mean the same as
defined in section 8B.1.
b. The exemption shall apply to the installation of
broadband infrastructure that facilitates broadband service
at or above twenty=five megabits per second of download speed
and three megabits per second of upload speed commenced and
completed on or after July 1, 2015, and before July 1, 2020,
in a targeted service area, and used to deliver internet
services to the public. A person claiming an exemption
under this subsection shall certify to the local assessor
prior to commencement of the installation that the broadband
installation will take place within a targeted service area
and shall specify the current number of homes, farms, schools,
and businesses in the targeted service area that were offered
broadband service and the download and upload speeds available
prior to the broadband infrastructure installation for which
the exemption is claimed and the number of homes, farms,
schools, and businesses in the targeted service area that will
be offered broadband service and the download and upload speeds
that will be available as a result of installation of the
broadband infrastructure for which the exemption is claimed.
c. The tax exemption shall be a one hundred percent
exemption from taxation for a period of ten years in an
amount equal to the actual value added by installation of the
broadband infrastructure.
d. For companies assessed by the department of revenue
pursuant to chapter 433, the exemption shall be limited to
an amount equal to the actual value added by installation of
the broadband infrastructure as of the assessment date as
determined by the department and the exemption shall be applied
to the unit value prior to any other exemption applicable to
the unit value, as determined under that chapter.
e. (1) An application for an exemption shall be filed by
the owner of the property with the department of revenue by
February 1 of the year in which the broadband infrastructure is
first assessed for taxation, or the following two assessment
years, and in each case the exemption is allowed for ten years.
Applications from applicants whose property is subject to
assessment by the department pursuant to chapter 433 shall be
reviewed by the department. All other applications shall be
reviewed by the applicable county board of supervisors. The
department shall forward those applications for exemption that
are subject to review by the county board of supervisors to
the county board of supervisors of each county in which the
property is located.
(2) In lieu of subparagraph (1), and notwithstanding any
provision in this subsection to the contrary, an owner may at
any time before completion of the project submit a proposal
to the department requesting that the department or the board
of supervisors, as applicable, allow the owner to file an
application for exemption by February 1 of any other assessment
year following completion of the project, which year shall be
selected by the department or the board, as applicable. If the
department approves or if the board, by resolution, approves
the proposal, the exemption is allowed for ten years.
f. (1) The application shall be made on forms prescribed
by the department. The application shall contain but not be
limited to the following information:
(a) The nature of the broadband infrastructure
installation.
(b) The percentage of the homes, farms, schools, and
businesses in the targeted service area that will be provided
access to broadband service.
(c) The actual cost of installing the broadband
infrastructure under the project, if available. The
application shall contain supporting documents demonstrating
the actual cost.
(d) Certification from the office of the chief information
officer pursuant to section 8B.10 that the installation is
being performed or was completed in a targeted service area.
Certification from the office of the chief information officer
that broadband infrastructure installed in a targeted service
area facilitates broadband service at or above twenty=five
megabits per second of download speed and three megabits per
second of upload speed.
(e) Certification of the date of commencement and actual or
estimated date of completion.
(f) A copy of any nonwireless broadband=related permit
issued by a political subdivision.
(g) If applying pursuant to paragraph "e", subparagraph (2),
the actual cost already incurred for installation of broadband
infrastructure, if any, the estimated costs for project
completion, and the estimated date of project completion. The
application shall contain supporting documents demonstrating
the actual cost.
(2) The department and the board of supervisors shall not
approve applications that are missing any of the information
or documentation required in subparagraph (1). The department
or the board of supervisors may consult with the office of the
chief information officer to access additional information
needed to review an application.
(3) The department or the board of supervisors, as
applicable, shall, by March 1, notify an applicant of
approval or denial of an application for an exemption under
this subsection and shall also notify the applicant of the
applicant's right to an appeal.
(4) The board of supervisors shall forward all approved
applications and any necessary information regarding the
applications to the appropriate local assessor by March 1
annually. After the tax exemption is granted, the department
or the local assessor, as applicable, shall continue to grant
the tax exemption for ten years, and applications for exemption
for succeeding years shall not be required.
(5) An applicant for a property tax exemption whose
application was reviewed by the board of supervisors may appeal
denial of the application to the property assessment appeal
board within thirty days of the issuance of the denial.
(6) An applicant for a property tax exemption whose
application was reviewed by the department may appeal denial of
the application to the director of revenue within thirty days
of the issuance of the denial.
(7) At any time after the exemption is granted and the
broadband service is available in a targeted service area, the
department or the board of supervisors, as applicable, under
the direction of the office of the chief information officer,
may require the property owner receiving the exemption to
substantiate that the owner continues to provide the service
described in paragraph "b". If the department or the board
of supervisors determines that the property owner no longer
provides the service described in paragraph "b", the department
or the board of supervisors shall revoke the exemption. An
owner may appeal the decision to revoke the exemption in the
same manner as provided in subparagraphs (5) and (6), as
applicable.
g. (1) If a company whose property in the county is not
assessed by the department of revenue is approved to receive a
property tax exemption pursuant to this subsection, the actual
value added by installation of the broadband infrastructure
shall be determined by the local assessor who shall certify the
amount of exemption determined to the county auditor at the
time of transmitting the assessment rolls.
(2) Notwithstanding any other provision of law to the
contrary, if a company in which all or a portion of the
company's property in the county is assessed by the department
pursuant to chapter 433 and the company's property in the
county is approved to receive a property tax exemption
pursuant to this subsection, the department shall assess
all the company's property in the county used for operating
telegraph and telephone lines, broadband, or cable systems for
each assessment year the company receives the exemption, for
purposes of determining the actual value added by installation
of the broadband infrastructure.
h. The director of revenue shall adopt rules pursuant to
chapter 17A for the interpretation and proper administration of
the exemption provided in this subsection.
Sec. 42. Section 433.8, Code 2015, is amended to read as
follows:
433.8 Assessment in each county ==== how certified.
The director of revenue shall, for the purpose of
determining what amount shall be assessed to each company
in each county of the state into which the line of the said
company extends, certify to the several county auditors of the
respective counties into, over, or through which said line
extends the number of miles of line in the county for that
company, the actual value per mile of line for that company,
and the exemption value per mile of line for that company for
exemptions received pursuant to section 427.1, subsection 40,
section 433.4, or any other exemptions. In no case, however,
shall the taxable value of the property be reduced below zero.
Sec. 43. RULES. The office of the chief information
officer shall adopt rules pursuant to chapter 17A to certify
that the installation of broadband infrastructure meets the
requirements under section 427.1, subsection 40, as enacted in
this division of this Act, for purposes of receiving a property
tax exemption.
Sec. 44. IMPLEMENTATION. Section 25B.7 shall not apply to
this division of this Act.
Sec. 45. APPLICABILITY. This division of this Act applies
to assessment years beginning on or after January 1, 2016.
DIVISION V
INFORMATION TECHNOLOGY INFRASTRUCTURE FOR EDUCATION
Sec. 46. Section 423F.3, subsection 6, Code 2015, is amended
by adding the following new paragraph:
NEW PARAGRAPH. 0c. Additionally, "school infrastructure"
includes the acquisition or installation of information
technology infrastructure. For purposes of this paragraph,
"information technology infrastructure" means the basic,
underlying physical framework or system necessary to deliver
technology connectivity to a school district and to network
school buildings within a school district.
DIVISION VI
CONDITIONAL EFFECTIVE DATE AND RETROACTIVE APPLICABILITY
PROVISIONS
Sec. 47. EFFECTIVE UPON ENACTMENT. Unless otherwise
provided, this Act, if approved by the governor on or after
July 1, 2015, takes effect upon enactment.
Sec. 48. RETROACTIVE APPLICABILITY. Unless otherwise
provided, this Act, if approved by the governor on or after
July 1, 2015, applies retroactively to July 1, 2015.
KRAIG PAULSEN
Speaker of the House
PAM JOCHUM
President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 655, Eighty=sixth General Assembly.
CARMINE BOAL
Chief Clerk of the House
Approved , 2015
TERRY E. BRANSTAD
Governor
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