Bills › 88th General Assembly
Relating to the imposition of certain fees on public utilities for the use of public rights-of-way
Sponsored by the Senate Ways and Means (successor To Ssb 1152) (companion To Hf 537 By Committee on Commerce) Committee
Topics:Taxes
Where it is now
- Done: IntroducedFebruary 26, 2019
- Done: SubcommitteeMarch 11, 2019
- Done: Senate committeeFebruary 27, 2019
- Done: Passes the SenateApril 23, 201932–18
- Skipped: House committeeSkipped
- Done: Passes the HouseApril 16, 2019
- Done: To the GovernorApril 29, 2019
- Done: Signed into lawMay 10, 2019
HF 537 became law → The same legislation passed as HF 537, so this version was set aside. Go to HF 537 What’s a funnel?
What’s in it
This bill relates to certain fees imposed on public utilities for the use of public rights-of-way. Code chapter 480A allows local governments to impose certain fees on public utilities for operating public utility facilities in public rights-of-way. A local government may only impose a fee for management costs, as defined, that are caused by the public utility’s activity in the right-of-way, and cannot require in-kind services in lieu of a fee. The bill modifies the definition of “management costs” in Code chapter 480A to provide that such costs must be direct and fully documented.
Read the full explanation
The bill specifies that a local government may only recover a permit fee for management costs attributable to the public utility’s requested use of an available public right-of-way, instead of management costs caused by the public utility’s activity in the right-of-way.3, relating to permissible fees imposed on public utilities, shall not 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, and allows in-kind services in lieu of a fee if pursuant to such a voluntary agreement.
Fiscal note
Less revenue: up to $100,000 Compare with other bills
AI summary This bill changes how local governments can charge public utilities fees for using public rights-of-way and allows for voluntary agreements to share services. It may decrease revenue to local governments by more than $100,000. However, because the total amount of fees currently collected is unknown, an exact estimate for the fiscal impact cannot be made at this time.2
Read the fiscal note
Description
Senate File 611 relates to the imposition of fees on public utilities for the use of public rights-of-way. The Bill amends the definition of “management costs” and requires that these costs must be direct and fully documented. The Bill specifies that the only fee a local government may recover from a public utility requesting use of an available right-of-way is a permit fee for management costs attributable to the public utility’s requested use of the available public right-of-way. The Bill does not permit the local government to recover management costs caused by the public utility’s activity in the right-of-way.
This Bill provides that Iowa Code section 480A.3 does not 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, and allows a local government to require in-kind services in lieu of a fee if pursuant to such a voluntary agreement.
Background
Iowa Code chapter 480A allows local governments to impose certain fees on public utilities for operating public utility facilities in public rights-of-way. Under current law, a local government may only impose a fee for management costs that are caused by the public utility’s activity in the right-of-way, and cannot require in-kind services in lieu of a fee.
Fiscal Impact
Senate File 611 may decrease revenue to local governments by more than $100,000. The ability of cities to comply with the requirement under the Bill is unknown. The Legislative Services Agency (LSA) has not received data to identify the total fees currently collected under Iowa Code chapter 480A. Therefore, an estimate for the fiscal impact of this change cannot be made at this time.
Source
- LSA Analysis
- Public Utilities, Public Rights-of-Way · April 23, 2019 · $100,000
Iowa Code it changes
Lobbying
4 for · 12 against · 29 undecided · Who →