What changed in HF 537
The bill as introduced, compared with the version both chambers passed (88th General Assembly).
It passed exactly as introduced.
Removed AddedIntroduced textText as passedAmendments
Section 1. Section 480A.2, subsection 2, Code 2019, is amended to read as follows:
8 unchanged passages
2. “Management costs” means the reasonable, direct, and fully documented costs a local government actually incurs in managing to manage public rights-of-way.
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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 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.
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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.