Bill Text: IA HF2329 | 2013-2014 | 85th General Assembly | Introduced


Bill Title: A bill for an act relating to and providing for the facilitation of broadband access in unserved or underserved areas of the state, including a property tax exemption for broadband infrastructure, and making appropriations. (Formerly HSB 515) (See Cmte. Bill HF 2472)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2014-04-15 - Passed subcommittee. [HF2329 Detail]

Download: Iowa-2013-HF2329-Introduced.html
House File 2329 - Introduced HOUSE FILE 2329 BY COMMITTEE ON COMMERCE (SUCCESSOR TO HSB 515) A BILL FOR An Act relating to and providing for the facilitation of 1 broadband access in unserved or underserved areas of the 2 state, including a property tax exemption for broadband 3 infrastructure, and making appropriations. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5359HV (2) 85 rn/nh
H.F. 2329 DIVISION I 1 LEGISLATIVE INTENT 2 Section 1. SHORT TITLE. This Act shall be known and may be 3 cited as the “Connect Every Iowan Act”. 4 Sec. 2. LEGISLATIVE INTENT. The general assembly finds 5 and declares that increasing the extent and availability of 6 broadband infrastructure throughout the state facilitates 7 the provision of internet access to citizens, businesses, 8 and communities at speeds that promote economic development, 9 employment, enhanced access to goods and services, increased 10 educational and training opportunities, faster access to 11 government services and health care, and improved overall 12 information and community access. 13 DIVISION II 14 STREAMLINED RESPONSIBILITY FOR BROADBAND 15 Sec. 3. Section 8B.1, Code 2014, is amended by adding the 16 following new subsections: 17 NEW SUBSECTION . 01. “Broadband” means a high-speed, 18 high-capacity electronic transmission medium that can carry 19 data signals from multiple independent network sources by 20 establishing different bandwidth channels and that is commonly 21 used to deliver internet services to the public. 22 NEW SUBSECTION . 001. “Broadband infrastructure” means 23 the physical infrastructure used for the transmission of data 24 via broadband, including but not limited to any equipment, 25 systems, switches, routers, wire, cable, satellite, conduits, 26 servers, software, technology, base transceiver station sites, 27 or other means of transmission or communication that facilitate 28 download speeds of a minimum of fifty megabits per second and 29 upload speeds of a minimum of fifteen megabits per second. 30 “Broadband infrastructure” does not include land, buildings, 31 structures, improvements, or equipment not directly used in the 32 transmission of data. 33 NEW SUBSECTION . 0001. “Communications service provider” 34 means a service provider that provides broadband service via 35 -1- LSB 5359HV (2) 85 rn/nh 1/ 26
H.F. 2329 any broadband infrastructure platform. 1 Sec. 4. Section 8B.1, subsection 1, Code 2014, is amended 2 to read as follows: 3 1. “Information technology” means computing and electronics 4 applications used to process and distribute information in 5 digital and other forms and includes information technology 6 devices, information technology services, infrastructure 7 services, broadband and broadband infrastructure, and 8 value-added services. 9 Sec. 5. Section 8B.1, Code 2014, is amended by adding the 10 following new subsection: 11 NEW SUBSECTION . 8A. “Unserved or underserved communications 12 service area” means one or more United States census bureau 13 census blocks in which no communications service provider 14 offers broadband service with download speeds of greater than 15 fifty megabits per second and upload speeds of greater than 16 fifteen megabits per second to residential customers. 17 Sec. 6. Section 8B.3, subsection 1, Code 2014, is amended 18 to read as follows: 19 1. The office is created for the purpose of leading, 20 directing, managing, coordinating, and providing accountability 21 for the information technology resources of state government 22 and for the expansion of broadband infrastructure to unserved 23 or underserved communications service areas of the state . 24 Sec. 7. Section 8B.4, Code 2014, is amended by adding the 25 following new subsections: 26 NEW SUBSECTION . 14A. Coordinate and monitor the 27 availability, implementation, and affordability of broadband 28 access across state government and the private sector, 29 including but not limited to consulting with the department 30 of revenue regarding the property tax exemption for broadband 31 infrastructure provided in section 427.1; facilitating 32 public-private partnerships and aligning state agencies, 33 boards, and commissions to the shared vision of increasing 34 the availability of and access to broadband by citizens, 35 -2- LSB 5359HV (2) 85 rn/nh 2/ 26
H.F. 2329 businesses, and communities; and collecting data and developing 1 metrics or standards against which the data may be measured and 2 evaluated regarding broadband infrastructure installation and 3 deployment. 4 NEW SUBSECTION . 14B. Coordinate the fiberoptic network 5 conduit installation program established in section 8B.25. 6 Sec. 8. Section 8B.9, Code 2014, is amended by adding the 7 following new subsection: 8 NEW SUBSECTION . 5. An annual report regarding the status 9 of broadband access across state government and the private 10 sector. 11 Sec. 9. NEW SECTION . 8B.25 Fiberoptic network conduit 12 installation program. 13 1. For the purposes of this section, “fiberoptic network 14 conduit” means a pipe or duct used to enclose fiberoptic cable 15 facilities buried alongside a roadway or surface mounted on 16 a bridge, overpass, or other facility where placement below 17 ground is impossible or impractical. 18 2. The office shall lead and coordinate a program to 19 provide for the installation of fiberoptic network conduit 20 where such conduit does not exist. The chief information 21 officer shall consult and coordinate with the department of 22 administrative services, the department of transportation, the 23 Iowa communications network, and other agencies and entities 24 as determined appropriate to ensure that the opportunity is 25 provided to lay or install fiberoptic network conduit wherever 26 a state-funded construction project involves trenching, boring, 27 a bridge, a roadway, or opening of the ground, or alongside any 28 state-owned infrastructure. 29 3. Contingent upon the provision of funding for such 30 purposes by the general assembly, the office may contract with 31 a third party to manage, lease, install, or otherwise provide 32 fiberoptic network conduit access for projects described in 33 this section. This section shall not prohibit the office from 34 purchasing or installing fiberoptic cable within any fiberoptic 35 -3- LSB 5359HV (2) 85 rn/nh 3/ 26
H.F. 2329 network conduit installed pursuant to the program. 1 Sec. 10. NEW SECTION . 8B.26 Broadband permitting process 2 —— expeditious response. 3 Notwithstanding any other provision to the contrary, a 4 political subdivision vested with permitting authority shall 5 approve, approve with modification, or disapprove nonwireless 6 broadband-related permits within sixty business days following 7 the submission of a permit application and fee. In the event 8 that no action is taken during the sixty-day period, the 9 application shall be deemed approved. 10 Sec. 11. Section 8D.3, subsection 2, paragraph a, Code 2014, 11 is amended to read as follows: 12 a. The commission is composed of the chief information 13 officer appointed pursuant to section 8B.2 or the chief 14 information officer’s designee and five other members who shall 15 be appointed by the governor and subject to confirmation by the 16 senate. Members Appointed members of the commission shall not 17 serve in any manner or be employed by an authorized user of the 18 network or by an entity seeking to do or doing business with 19 the network. 20 (1) The governor shall appoint a member as the chairperson 21 of the commission from the five members appointed by the 22 governor, subject to confirmation by the senate. 23 (2) Members Appointed members of the commission shall serve 24 six-year staggered terms as designated by the governor and 25 appointments to the commission are subject to the requirements 26 of sections 69.16 , 69.16A , and 69.19 . Vacancies shall be 27 filled by the governor for the duration of the unexpired term. 28 (3) The salary of the appointed members of the commission 29 shall be twelve thousand dollars per year, except that the 30 salary of the chairperson shall be seventeen thousand dollars 31 per year. Members of the commission shall also be reimbursed 32 for all actual and necessary expenses incurred in the 33 performance of duties as members. The benefits and salary paid 34 to the appointed members of the commission shall be adjusted 35 -4- LSB 5359HV (2) 85 rn/nh 4/ 26
H.F. 2329 annually equal to the average of the annual pay adjustments, 1 expense reimbursements, and related benefits provided under 2 collective bargaining agreements negotiated pursuant to chapter 3 20 . 4 Sec. 12. Section 8D.3, subsection 2, paragraph b, Code 2014, 5 is amended to read as follows: 6 b. In addition to the members appointed by the governor, the 7 The auditor of state or the auditor’s designee shall serve as a 8 nonvoting, ex officio member of the commission. 9 Sec. 13. Section 8D.4, Code 2014, is amended to read as 10 follows: 11 8D.4 Executive director appointed. 12 The commission , in consultation with the director of 13 the department of administrative services and the chief 14 information officer, shall appoint an executive director of 15 the commission, subject to confirmation by the senate. Such 16 individual shall not serve as a member of the commission. 17 The executive director shall serve at the pleasure of the 18 commission. The executive director shall be selected primarily 19 for administrative ability and knowledge in the field, without 20 regard to political affiliation. The governor shall establish 21 the salary of the executive director within range nine as 22 established by the general assembly. The salary and support of 23 the executive director shall be paid from funds deposited in 24 the Iowa communications network fund. 25 Sec. 14. Section 80.28, subsection 2, Code 2014, is amended 26 to read as follows: 27 2. The board shall consist of fifteen sixteen voting 28 members, as follows: 29 a. The following members representing state agencies: 30 (1) One member representing the department of public 31 safety. 32 (2) One member representing the state department of 33 transportation. 34 (3) One member representing the department of homeland 35 -5- LSB 5359HV (2) 85 rn/nh 5/ 26
H.F. 2329 security and emergency management. 1 (4) One member representing the department of corrections. 2 (5) One member representing the department of natural 3 resources. 4 (6) One member representing the Iowa department of public 5 health. 6 (7) One member representing the office of the chief 7 information officer. 8 b. The governor shall solicit and consider recommendations 9 from professional or volunteer organizations in appointing the 10 following members: 11 (1) Two members who are representatives from municipal 12 police departments. 13 (2) Two members who are representatives of sheriff’s 14 offices. 15 (3) Two members who are representatives from fire 16 departments. One of the members shall be a volunteer fire 17 fighter and the other member shall be a paid fire fighter. 18 (4) Two members who are law communication center managers 19 employed by state or local government agencies. 20 (5) One at-large member. 21 Sec. 15. BROADBAND COORDINATION AND ANALYSIS —— 22 APPROPRIATION. There is appropriated from the general fund of 23 the state to the office of chief information officer for the 24 fiscal year beginning July 1, 2014, and ending June 30, 2015, 25 the following amount, or so much thereof as is necessary, for 26 the purposes designated: 27 For data collection and analysis regarding the availability, 28 implementation, and affordability of broadband access across 29 state government and the private sector as provided in section 30 8B.4, as enacted in this Act: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 32 Notwithstanding section 8.33, moneys appropriated in this 33 section which remain unencumbered or unobligated at the end of 34 the fiscal year shall not revert but shall remain available for 35 -6- LSB 5359HV (2) 85 rn/nh 6/ 26
H.F. 2329 expenditure for the purposes designated in subsequent fiscal 1 years. 2 DIVISION III 3 TAX INCENTIVES 4 Sec. 16. Section 427.1, Code 2014, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 40. Broadband infrastructure. Broadband 7 infrastructure to the extent provided in this subsection. For 8 the purposes of this subsection, “broadband infrastructure” and 9 “unserved or underserved communications service area” mean the 10 same as defined in section 8B.1. 11 a. This exemption shall apply to the new installation of 12 broadband infrastructure completed on or after July 1, 2014, to 13 and including December 31, 2018, in an unserved or underserved 14 communications service area. A person claiming an exemption 15 under this subsection shall certify that no communications 16 service provider offered broadband download speeds of greater 17 than fifty megabits per second and upload speeds of greater 18 than fifteen megabits per second in the unserved or underserved 19 communications service area prior to installation of the 20 broadband infrastructure. 21 b. If the broadband infrastructure is assessed with other 22 property as a unit by the department of revenue pursuant to 23 sections 428.24 to 428.29 or chapter 433, this exemption shall 24 be limited to the value added by the broadband infrastructure 25 determined as of the assessment date and the exemption shall 26 be applied prior to any other exemption applicable to the unit 27 value. 28 c. The director of revenue may adopt rules pursuant to 29 chapter 17A for the interpretation and proper administration of 30 the exemption provided in this subsection. 31 DIVISION IV 32 IOWA COMMUNICATIONS NETWORK WHOLESALE ACCESS 33 Sec. 17. Section 8D.3, subsection 3, Code 2014, is amended 34 by adding the following new paragraph: 35 -7- LSB 5359HV (2) 85 rn/nh 7/ 26
H.F. 2329 NEW PARAGRAPH . l. Support establishment of policies that 1 facilitate formation of partnerships with the private sector 2 for the use of the network for the expansion of broadband 3 access. 4 Sec. 18. NEW SECTION . 8D.21 Definitions. 5 For the purposes of this subchapter, “broadband 6 infrastructure” , “communications service provider” , and “unserved 7 or underserved communications service area” mean the same as 8 defined in section 8B.1. 9 Sec. 19. NEW SECTION . 8D.22 Wholesale access authorization. 10 1. Access to network —— commission authority. 11 Notwithstanding any contrary provisions of this chapter related 12 to access to the network, the commission may enter into a 13 contract to provide access to the network to a person who 14 is not an authorized user as provided in this section. The 15 commission may establish by rule the manner in which a contract 16 entered into pursuant to this section shall be undertaken. 17 All contracts entered into pursuant to this section shall be 18 coordinated with the office of the chief information officer. 19 2. Access requirements —— limitations. Access to the 20 network pursuant to any contract entered into by the commission 21 pursuant to this section shall be subject to the following: 22 a. Retention of sufficient capacity for existing and future 23 authorized user demands. In determining the capacity to be 24 retained, the commission shall consult with the authorized 25 users associated with the Part III connections, the judicial 26 branch, the judicial district departments of correctional 27 services, other authorized users, and the office of the chief 28 information officer. 29 b. Access shall be provided solely for purposes of the 30 installation and deployment of broadband infrastructure in 31 unserved or underserved communications service areas of the 32 state. 33 c. Access shall be provided for wholesale transactions to 34 communications service providers who are engaged in providing 35 -8- LSB 5359HV (2) 85 rn/nh 8/ 26
H.F. 2329 broadband capacity at retail to citizens and businesses 1 in this state. Prior to entering into a contract pursuant 2 to this section, and for an interval of ten business days, 3 a communications service provider shall allow any private 4 wholesale provider that has fiberoptic cable facilities 5 that are closer in proximity to an unserved or underserved 6 communications service area to which the contract would apply 7 than the nearest network end point to make those facilities 8 available at the same or a lower rate than that offered by the 9 network determined pursuant to subsection 3. 10 d. Access shall be provided in a manner that supports 11 communications service providers primarily in providing 12 cost-effective broadband capacity to unserved or underserved 13 communication service areas of the state, and in a manner that 14 minimizes the level of capital investment necessary from those 15 providers while allowing the providers to access new customers 16 and new sources of revenue. 17 e. Access shall not be provided at retail to persons who are 18 not authorized users or otherwise provided network access at 19 retail as of July 1, 2014. 20 f. Access provided shall not be used by a communications 21 service provider to provide services or broadband capacity to 22 persons who are authorized users or otherwise provided network 23 access as of July 1, 2014. 24 3. Wholesale access —— rates. Rates applicable to a 25 wholesale transaction pursuant to this subchapter shall be 26 determined by rule pursuant to chapter 17A. 27 DIVISION V 28 INFORMATION TECHNOLOGY INFRASTRUCTURE FOR EDUCATION 29 Sec. 20. Section 423F.3, subsection 6, Code 2014, is amended 30 to read as follows: 31 6. a. For purposes of this chapter , “school infrastructure” 32 means those activities authorized in section 423E.1, subsection 33 3, Code 2007 . 34 b. Additionally, “school infrastructure” includes the 35 -9- LSB 5359HV (2) 85 rn/nh 9/ 26
H.F. 2329 payment or retirement of outstanding bonds previously 1 issued for school infrastructure purposes as defined in this 2 subsection , and the payment or retirement of bonds issued under 3 sections 423E.5 and 423F.4 . 4 c. Additionally, “school infrastructure” includes the 5 acquisition or installation of information technology 6 infrastructure. “Information technology infrastructure” means 7 the basic, underlying physical framework or system necessary 8 to deliver technology connectivity to a school district and to 9 network school buildings within a school district. 10 c. d. A school district that uses secure an advanced vision 11 for education fund moneys for school infrastructure shall 12 comply with the state building code in the absence of a local 13 building code. 14 DIVISION VI 15 UNIFORM CELL SITING 16 Sec. 21. NEW SECTION . 8C.1 Short title. 17 This chapter shall be known and may be cited as the “Iowa 18 Cell Siting Act” . 19 Sec. 22. NEW SECTION . 8C.2 Legislative intent. 20 The general assembly finds and declares that it is the 21 policy of this state to facilitate the provision of broadband 22 and other advanced wireless communication services across the 23 entirety of the state; and that it is further the policy to 24 promote access to broadband and advanced wireless communication 25 services for all residents, students, government agencies, 26 and businesses to ensure the availability of world-class 27 educational opportunities, economic development, and public 28 safety services throughout the state. 29 Sec. 23. NEW SECTION . 8C.3 Definitions. 30 For the purposes of this chapter, unless the context 31 otherwise requires: 32 1. “Accessory equipment” means any equipment serving or 33 being used in conjunction with a wireless facility or wireless 34 support structure, including utility or transmission equipment, 35 -10- LSB 5359HV (2) 85 rn/nh 10/ 26
H.F. 2329 power supplies, generators, batteries, cables, equipment, 1 buildings, cabinets, storage sheds, shelters, and similar 2 structures. 3 2. “Antenna” means communications equipment that transmits 4 and receives electromagnetic radio signals used in the 5 provision of all types of wireless communications services. 6 3. “Applicant” means any person engaged in the business 7 of providing wireless communications services or the 8 wireless communications infrastructure required for wireless 9 communications services who submits an application. 10 4. “Application” means a request submitted by an applicant 11 to an authority to construct a new wireless support structure, 12 for the substantial modification of a wireless support 13 structure, or for collocation of wireless facilities on an 14 existing structure. 15 5. “Authority” means a state, county, or municipal governing 16 body, board, agency, office, or commission authorized by law to 17 make legislative, quasi-judicial, or administrative decisions 18 relative to the construction, installation, modification, or 19 siting of wireless facilities or wireless support structures. 20 “Authority” does not include state courts having jurisdiction 21 over land use, planning, or zoning decisions made by an 22 authority. 23 6. “Base station” means a station at a specific site 24 authorized to communicate with mobile stations, generally 25 consisting of radio transceivers, antennas, coaxial cables, 26 power supplies, and other associated electronics. 27 7. “Building permit” means a permit issued by an authority 28 prior to the collocation of wireless facilities on an existing 29 structure, the substantial modification of a wireless support 30 structure, or the commencement of construction of any new 31 wireless support structure, solely to ensure that the work to 32 be performed by the applicant satisfies the applicable building 33 code. 34 8. “Collocation” means the placement or installation of 35 -11- LSB 5359HV (2) 85 rn/nh 11/ 26
H.F. 2329 wireless facilities on existing structures, including the 1 placement, replacement, or modification of wireless facilities 2 within a previously approved equipment compound. 3 9. “Electrical transmission tower” means an electrical 4 transmission structure used to support high-voltage overhead 5 power lines. “Electrical transmission tower” does not include 6 utility poles. 7 10. “Equipment compound” means an area surrounding or 8 near the base of a wireless support structure within which is 9 located wireless facilities. 10 11. “Existing structure” means a structure that exists at 11 the time a request for permission to place wireless facilities 12 on a structure is filed with an authority, including any 13 structure that is capable of supporting the attachment of 14 wireless facilities in compliance with applicable building 15 codes, including but not limited to towers, buildings, and 16 water towers, but not including utility poles. 17 12. “Substantial modification” means the mounting of a 18 proposed wireless facility on a wireless support structure 19 which results in one or more of the following: 20 a. Increasing the existing vertical height of the structure 21 by more than ten percent, or the height of one additional 22 antenna array with separation from the nearest existing antenna 23 not to exceed twenty feet, whichever is greater. 24 b. Adding an appurtenance to the body of a wireless support 25 structure that protrudes horizontally from the edge of the 26 wireless support structure more than twenty feet, or more than 27 the width of the wireless support structure at the level of the 28 appurtenance, whichever is greater, except where necessary to 29 shelter the antenna from inclement weather or to connect the 30 antenna to the wireless support structure via cable. 31 c. Increasing the square footage of the existing equipment 32 compound by more than two thousand five hundred square feet. 33 13. “Utility pole” means a structure owned or operated 34 by a public utility, municipality, or electric membership or 35 -12- LSB 5359HV (2) 85 rn/nh 12/ 26
H.F. 2329 cooperative association that is designed specifically for and 1 used to carry lines, cables, or wires for telephony, cable 2 television, or electricity, or to provide lighting. 3 14. “Water tower” means a water storage tank, or a standpipe 4 or an elevated tank situated on a support structure, originally 5 constructed for use as a reservoir or facility to store or 6 deliver water. 7 15. “Wireless facility” means the set of equipment and 8 network components, exclusive of the underlying wireless 9 support structure, including but not limited to antennas, 10 accessory equipment, transmitters, receivers, base stations, 11 power supplies, cabling, and associated equipment, necessary to 12 provide wireless communications services. 13 16. “Wireless support structure” means a freestanding 14 structure, such as a monopole or tower, designed to support 15 wireless facilities. “Wireless support structure” does not 16 include utility poles. 17 Sec. 24. NEW SECTION . 8C.4 Uniform rules —— new wireless 18 support structure applications. 19 1. An authority may exercise zoning, land use, planning, 20 and permitting authority within the authority’s territorial 21 boundaries with regard to the siting of a new wireless support 22 structure, subject to the provisions of this chapter and 23 federal law. 24 2. An applicant that proposes to construct a new wireless 25 support structure within the jurisdiction of an authority 26 that has adopted planning and zoning regulations shall submit 27 the necessary copies and attachments of the application to 28 the appropriate authority and comply with applicable local 29 ordinances concerning land use and the appropriate permitting 30 processes. 31 3. All records, including but not limited to documents and 32 electronic data, in the possession or custody of authority 33 personnel shall be subject to applicable open records 34 provisions of chapter 22. 35 -13- LSB 5359HV (2) 85 rn/nh 13/ 26
H.F. 2329 4. An authority, within one hundred fifty calendar days of 1 receiving an application to construct a new wireless support 2 structure, shall comply with the following provisions: 3 a. Review the application for conformity with applicable 4 local zoning regulations, building permit requirements, and 5 consistency with this chapter. An application is deemed to 6 be complete unless the authority notifies the applicant in 7 writing, within thirty calendar days of submission of the 8 application, of the specific deficiencies in the application 9 which, if cured, would make the application complete. Upon 10 receipt of a timely written notice that an application is 11 deficient, an applicant may take thirty calendar days from 12 receiving such notice to cure the specific deficiencies. If 13 the applicant cures the deficiencies within thirty calendar 14 days, the application shall be reviewed and processed within 15 one hundred fifty calendar days from the initial date the 16 application was received. If the applicant requires a period 17 of time beyond thirty calendar days to cure the specific 18 deficiencies, the deadline for review and processing of the 19 application shall be extended by the same period of time. 20 b. Make its final decision to approve or disapprove the 21 application. 22 c. Advise the applicant in writing of its final decision. 23 5. If the authority fails to act on an application to 24 construct a new wireless support structure within the review 25 period specified under subsection 4, the application shall be 26 deemed approved. 27 6. A party aggrieved by the final action of an authority, 28 either by its affirmative disapproval of an application under 29 the provisions of this section or by its inaction, may bring 30 an action for review in any court of competent jurisdiction. 31 In any such action, the party filing such an action may seek 32 recovery of reasonable costs and attorney fees. 33 Sec. 25. NEW SECTION . 8C.5 Uniform rules —— substantial 34 modification of wireless support structure applications. 35 -14- LSB 5359HV (2) 85 rn/nh 14/ 26
H.F. 2329 1. An authority may exercise zoning, land use, planning, 1 and permitting authority within the authority’s territorial 2 boundaries with regard to an application for substantial 3 modification of a wireless support structure, subject to the 4 provisions of this chapter and federal law. 5 2. An applicant that proposes a substantial modification 6 of a wireless support structure within the jurisdiction of an 7 authority that has adopted planning and zoning regulations 8 shall submit the necessary copies and attachments of the 9 application to the appropriate authority and comply with 10 applicable local ordinances concerning land use and the 11 appropriate permitting processes. 12 3. All records, including but not limited to documents and 13 electronic data, in the possession or custody of authority 14 personnel shall be subject to applicable open records 15 provisions of chapter 22. 16 4. An authority, within ninety calendar days of receiving 17 an application for a substantial modification of a wireless 18 support structure, shall comply with the following provisions: 19 a. Review the application for conformity with applicable 20 local zoning regulations, building permit requirements, and 21 consistency with this chapter. An application is deemed to 22 be complete unless the authority notifies the applicant in 23 writing, within thirty calendar days of submission of the 24 application, of the specific deficiencies in the application 25 which, if cured, would make the application complete. Upon 26 receipt of a timely written notice that an application is 27 deficient, an applicant may take thirty calendar days from 28 receiving such notice to cure the specific deficiencies. If 29 the applicant cures the deficiencies within thirty calendar 30 days, the application shall be reviewed and processed within 31 ninety calendar days from the initial date the application was 32 received. If the applicant requires a period of time beyond 33 thirty calendar days to cure the specific deficiencies, the 34 deadline for review and processing of the application shall be 35 -15- LSB 5359HV (2) 85 rn/nh 15/ 26
H.F. 2329 extended by the same period of time. 1 b. Make its final decision to approve or disapprove the 2 application. 3 c. Advise the applicant in writing of its final decision. 4 5. If the authority fails to act on an application for a 5 substantial modification within the review period specified 6 under subsection 4, the application for a substantial 7 modification shall be deemed approved. 8 6. A party aggrieved by the final action of an authority, 9 either by its affirmative disapproval of an application under 10 the provisions of this section or by its inaction, may bring 11 an action for review in any court of competent jurisdiction. 12 In any such action, the party filing such an action may seek 13 recovery of reasonable costs and attorney fees. 14 Sec. 26. NEW SECTION . 8C.6 Uniform rules —— collocation 15 applications. 16 1. A collocation application shall be reviewed for 17 conformance with applicable building permit requirements 18 but shall not otherwise be subject to zoning or land use 19 requirements, including design or placement requirements, or 20 public hearing review, notwithstanding any other provision to 21 the contrary. 22 2. An authority, within forty-five calendar days of 23 receiving a collocation application, shall comply with the 24 following provisions: 25 a. Review the collocation application for conformity 26 with applicable building permit requirements and consistency 27 with this chapter. A collocation application is deemed to 28 be complete unless the authority notifies the applicant in 29 writing, within fifteen calendar days of submission of the 30 collocation application, of the specific deficiencies in 31 the collocation application which, if cured, would make the 32 collocation application complete. Upon receipt of a timely 33 written notice that a collocation application is deficient, an 34 applicant may take fifteen calendar days from receiving such 35 -16- LSB 5359HV (2) 85 rn/nh 16/ 26
H.F. 2329 notice to cure the specific deficiencies. If the applicant 1 cures the deficiencies within fifteen calendar days, the 2 collocation application shall be reviewed and processed within 3 forty-five calendar days from the initial date the collocation 4 application was received. If the applicant requires a period 5 of time beyond fifteen calendar days to cure the specific 6 deficiencies, the deadline for review and processing of the 7 application shall be extended by the same period of time. 8 b. Make its final decision to approve or disapprove the 9 collocation application. 10 c. Advise the applicant in writing of its final decision. 11 3. If the authority fails to act on a collocation 12 application within the review period specified in subsection 2, 13 the collocation application shall be deemed approved. 14 4. Notwithstanding any provision to the contrary, an 15 authority shall not mandate, require, or regulate the 16 installation, location, or use of a wireless facility on a 17 utility pole. 18 5. A party aggrieved by the final action of an authority, 19 either by its affirmative disapproval of an application under 20 the provisions of this section or by its inaction, may bring 21 an action for review in any court of competent jurisdiction. 22 In any such action, the party filing such an action may seek 23 recovery of reasonable costs and attorney fees. 24 Sec. 27. NEW SECTION . 8C.7 Severability. 25 If any provision of this chapter or the application thereof 26 to any person or circumstance is held invalid, such invalidity 27 shall not affect other provisions or applications of the 28 chapter which can be given effect without the invalid provision 29 or application, and to that end the provisions of this chapter 30 are declared to be severable. 31 DIVISION VII 32 STEM INTERNSHIPS AND DIGITAL SKILLS WORKFORCE TRAINING 33 Sec. 28. Section 15.411, subsection 3, Code 2014, is amended 34 to read as follows: 35 -17- LSB 5359HV (2) 85 rn/nh 17/ 26
H.F. 2329 3. a. The authority shall establish and administer an 1 innovative businesses internship program with two components 2 for Iowa students. For purposes of this subsection , “Iowa 3 student” means a student of an Iowa community college, private 4 college, or institution of higher learning under the control 5 of the state board of regents, or a student who graduated from 6 high school in Iowa but now attends an institution of higher 7 learning outside the state of Iowa. 8 b. The purpose of the first component of the program is 9 to link Iowa students to small and medium sized Iowa firms 10 through internship opportunities. An Iowa employer may receive 11 financial assistance in an amount of one dollar for every 12 two dollars paid by the employer to an intern. The amount 13 of financial assistance shall not exceed three thousand one 14 hundred dollars for any single internship, or nine thousand 15 three hundred dollars for any single employer. In order to be 16 eligible to receive financial assistance under this subsection 17 paragraph , the employer must have five hundred or fewer 18 employees and must be an innovative business. The authority 19 shall encourage youth who reside in economically distressed 20 areas, youth adjudicated to have committed a delinquent act, 21 and youth transitioning out of foster care to participate in 22 the first component of the internship program. 23 c. (1) The purpose of the second component of the program 24 is to assist in placing Iowa students studying in the fields 25 of science, technology, engineering, and mathematics into 26 internships that lead to permanent positions with Iowa 27 employers. The authority shall collaborate with eligible 28 employers, including but not limited to innovative businesses, 29 to ensure that the interns hired are studying in such fields. 30 An Iowa employer may receive financial assistance in an amount 31 of one dollar for every two dollars paid by the employer to an 32 intern. The amount of financial assistance shall not exceed 33 five thousand dollars per internship. The authority may adopt 34 rules to administer this component. 35 -18- LSB 5359HV (2) 85 rn/nh 18/ 26
H.F. 2329 (2) The requirement to administer this component of the 1 internship program is contingent upon the provision of funding 2 for such purposes by the general assembly. 3 Sec. 29. SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS 4 INTERNSHIPS —— APPROPRIATION. There is appropriated from the 5 general fund of the state to the Iowa economic development 6 authority for the fiscal year beginning July 1, 2014, and 7 ending June 30, 2015, the following amount, or so much thereof 8 as is necessary, for the purposes designated: 9 For the funding of internships for students studying in the 10 fields of science, technology, engineering, and mathematics 11 with eligible Iowa employers as provided in section 15.411, as 12 amended in this Act: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 14 No more than 3 percent of the funds appropriated pursuant to 15 this section may be used by the authority for costs associated 16 with administration of the program as amended in this Act. 17 Notwithstanding section 8.33, moneys appropriated in this 18 section which remain unencumbered or unobligated at the end of 19 the fiscal year shall not revert but shall remain available for 20 expenditure for the purposes designated in subsequent fiscal 21 years. 22 Sec. 30. DIGITAL LITERACY AND WORKFORCE TRAINING PILOT 23 PROGRAM —— APPROPRIATION. 24 1. The department of workforce development shall develop 25 and issue a request for proposals regarding selection of 26 a digital skills training provider to develop a digital 27 literacy and workforce training pilot program. The program 28 shall provide digital skills training, including training 29 for teleworking and coworking employment opportunities. The 30 distribution and use of any funds appropriated to administer 31 the pilot program shall be determined by the department in 32 coordination with the chief information officer appointed 33 pursuant to section 8B.2. 34 2. There is appropriated from the general fund of the state 35 -19- LSB 5359HV (2) 85 rn/nh 19/ 26
H.F. 2329 to the department of workforce development for the fiscal year 1 beginning July 1, 2014, and ending June 30, 2015, the following 2 amount, or so much thereof as is necessary, for the purposes 3 designated: 4 For implementation of the digital literacy and workforce 5 training pilot program to be developed pursuant to subsection 6 1: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,400,000 8 Notwithstanding section 8.33, moneys appropriated in this 9 section which remain unencumbered or unobligated at the end of 10 the fiscal year shall not revert but shall remain available for 11 expenditure for the purposes designated in subsequent fiscal 12 years. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill relates to and provides for the facilitation of 17 broadband access in unserved or underserved areas of the state. 18 The bill is titled the “Connect Every Iowan Act”. 19 DIVISION I —— LEGISLATIVE INTENT. The bill provides that the 20 general assembly finds and declares that increasing the extent 21 and availability of broadband infrastructure throughout the 22 state facilitates the provision of internet access to citizens, 23 businesses, and communities at speeds that promote economic 24 development, employment, enhanced access to goods and services, 25 increased educational and training opportunities, faster access 26 to government services and health care, and improved overall 27 information and community access for citizens. 28 DIVISION II —— STREAMLINED RESPONSIBILITY FOR BROADBAND. 29 The bill modifies provisions in Code chapter 8B, establishing 30 the office of the chief information officer. The bill adds 31 several definitions to the Code chapter for use in the Code 32 chapter and in other related provisions. The bill defines 33 “broadband” to mean a high-speed, high-capacity electronic 34 transmission medium that can carry data signals from multiple 35 -20- LSB 5359HV (2) 85 rn/nh 20/ 26
H.F. 2329 independent network sources by establishing different bandwidth 1 channels and that is commonly used to deliver internet services 2 to the public. The bill defines “broadband infrastructure” 3 to mean the physical infrastructure used for the transmission 4 of broadband, including but not limited to any equipment, 5 systems, switches, routers, wire, cable, satellite, conduits, 6 servers, software, technology, base transceiver station sites, 7 or other means of transmission or communication that facilitate 8 download speeds of a minimum of 50 megabits per second and 9 upload speeds of a minimum of 15 megabits per second. The 10 bill defines “communications service provider” to mean a 11 service provider that provides broadband service via any 12 broadband infrastructure platform. The bill defines “unserved 13 or underserved communications service area” to mean one or 14 more census blocks in which no communications service provider 15 offers broadband service with download speeds of greater than 16 50 megabits per second and upload speeds of greater than 15 17 megabits per second to residential customers. Additionally, 18 the bill adds broadband and broadband infrastructure to an 19 existing definition of “information technology”. 20 The bill adds to the powers and duties of the chief 21 information officer the coordination and monitoring of the 22 availability, implementation, and affordability of broadband 23 access across state government and the private sector. This 24 responsibility includes but is not limited to consulting with 25 the department of revenue regarding the new property tax 26 exemption for broadband infrastructure provided in Code section 27 427.1; facilitating public-private partnerships and aligning 28 state agencies, boards, and commissions to the shared vision 29 of increasing the availability of and access to broadband by 30 citizens, businesses, and communities; and collecting data and 31 developing metrics or standards against which the data may 32 be measured and evaluated regarding broadband infrastructure 33 installation and deployment. 34 The bill also adds to the powers and duties of the chief 35 -21- LSB 5359HV (2) 85 rn/nh 21/ 26
H.F. 2329 information officer the responsibility for coordinating a new 1 fiberoptic network conduit installation program to facilitate 2 incorporation of fiberoptic network conduit installations, 3 as defined in the bill, into state-funded construction 4 projects. The bill provides that the chief information 5 officer shall consult and coordinate with the department of 6 administrative services, the department of transportation, the 7 Iowa communications network, and other agencies and entities 8 as determined appropriate to ensure that the opportunity is 9 provided to lay or install fiberoptic network conduit wherever 10 a state-funded construction project involves trenching, boring, 11 a bridge, a roadway, or opening of the ground, or alongside 12 any state-owned infrastructure. The bill provides, contingent 13 upon the provision of funding by the general assembly, that 14 the office may contract with a third party to manage, lease, 15 install, or otherwise provide fiberoptic network conduit 16 access, and that the installation program shall not prohibit 17 the office from purchasing or installing fiberoptic cable 18 within fiberoptic network conduit installed pursuant to the 19 program. 20 Additionally, the bill specifies expeditious response 21 requirements regarding the approval, modification, or 22 disapproval of nonwireless broadband-related permits. The 23 bill provides that notwithstanding any other provision to 24 the contrary, a political subdivision vested with permitting 25 authority shall approve, approve with modification, or 26 disapprove nonwireless broadband-related permits within 60 27 business days following the submission of a permit application 28 and fee. In the event that no action is taken during the 60-day 29 period, the application shall be deemed approved. 30 The bill also requires the chief information officer to 31 prepare an annual report regarding the status of broadband 32 access across state government and the private sector, and adds 33 the chief information officer to the information technology 34 and telecommunications commission which oversees the operation 35 -22- LSB 5359HV (2) 85 rn/nh 22/ 26
H.F. 2329 of the Iowa communications network and to the statewide 1 interoperable communications system board established in Code 2 section 80.28. The bill appropriates $250,000 to the office 3 for the 2014-2015 fiscal year to facilitate broadband data 4 collection and analysis. 5 DIVISION III —— TAX INCENTIVES. The bill provides a property 6 tax exemption for broadband infrastructure installed and 7 deployed within an unserved or underserved communications 8 service area. The exemption applies to the new installation 9 of broadband infrastructure completed on or after July 1, 10 2014, to and including December 31, 2018, in an unserved or 11 underserved communications service area. The bill requires a 12 person claiming the exemption to certify that no communications 13 service provider offered broadband download speeds of greater 14 than 50 megabits per second and upload speeds of greater 15 than 15 megabits per second in the unserved or underserved 16 communications service area prior to installation of broadband 17 infrastructure. The bill provides that if the broadband 18 infrastructure is assessed with other property as a unit by 19 the department of revenue pursuant to Code sections 428.24 20 to 428.29, or Code chapter 433, the exemption shall be 21 limited to the value added by the broadband infrastructure 22 determined as of the assessment date and the exemption shall 23 be applied prior to any other exemption applicable to the unit 24 value. The bill confers authority upon the director of the 25 department of revenue to adopt rules for the interpretation and 26 administration of the exemption. 27 DIVISION IV —— IOWA COMMUNICATIONS NETWORK WHOLESALE ACCESS. 28 The bill permits wholesale access to the Iowa communications 29 network to persons who are not otherwise authorized users as 30 determined under Code chapter 8D. The bill provides that 31 the information technology and telecommunications commission 32 may enter into a contract to provide access to the network 33 to a communications services provider for the installation 34 and deployment of broadband infrastructure in an unserved or 35 -23- LSB 5359HV (2) 85 rn/nh 23/ 26
H.F. 2329 underserved communications service area. The bill provides 1 that the commission may establish by rule the manner in which a 2 contract entered into shall be undertaken, and that all such 3 contracts shall be coordinated with the chief information 4 officer. The bill provides that access shall be subject to 5 sufficient capacity being reserved for existing and future 6 authorized users of the network, and restricted to wholesale 7 transactions with communications service providers who are 8 engaged in providing broadband capacity at retail to citizens 9 and businesses in Iowa. 10 The bill provides that prior to entering into a contract with 11 the network, a communications service provider must allow, for 12 a 10-business-day period, any private wholesale provider that 13 has fiberoptic cable facilities that are closer in proximity to 14 an unserved or underserved communications service area to which 15 the contract would apply than the nearest network endpoint to 16 make those facilities available at the same or a lower rate 17 than that offered by the network. The bill provides that 18 access shall be provided in a manner that minimizes the level 19 of capital investment necessary from communications service 20 providers to expand broadband in unserved or underserved 21 communications service areas while allowing them to access new 22 customers and new sources of revenue, that it shall not be 23 provided at retail to persons who are not authorized users or 24 otherwise provided network access at retail as of July 1, 2014, 25 and that access shall not be used by a communications service 26 provider to provide services or broadband capacity to persons 27 who are authorized users or otherwise provided network access 28 as of July 1, 2014. Additionally, the bill provides that rates 29 applicable to a wholesale transaction shall be determined by 30 the commission by rule. 31 DIVISION V —— INFORMATION TECHNOLOGY INFRASTRUCTURE FOR 32 EDUCATION. The bill adds the acquisition or installation of 33 “information technology infrastructure”, as defined in the 34 bill, to the definition of “school infrastructure” for purposes 35 -24- LSB 5359HV (2) 85 rn/nh 24/ 26
H.F. 2329 of the statewide school infrastructure funding provisions 1 contained in Code chapter 423F. 2 DIVISION VI —— UNIFORM CELL SITING. The bill provides 3 uniform rules establishing specific and varying timelines for 4 the exercise of zoning, land use, planning, and permitting 5 authority applicable to new wireless support structure 6 applications, applications for substantial modifications of 7 wireless support structures, and collocation applications. 8 The bill states that authorities may continue to exercise 9 zoning, land use, planning, and permitting authority within 10 their territorial boundaries with regard to the siting of new 11 wireless support structures, subject to the bill’s provisions 12 and federal law. Timelines for reviewing an application, 13 making a final decision to approve or disapprove it, and 14 advising the applicant of the decision in writing are set 15 forth, as is the requirement that if a specified time elapses 16 without action the application shall be deemed approved. 17 DIVISION VII —— STEM INTERNSHIPS AND DIGITAL SKILLS 18 WORKFORCE TRAINING. The bill establishes a new program 19 within the economic development authority to assist in placing 20 Iowa students studying in the fields of science, technology, 21 engineering, and mathematics into internships that lead to 22 permanent positions with Iowa employers. The bill directs 23 the authority to collaborate with eligible employers, which 24 may include but are not limited to innovative businesses, to 25 ensure that the interns hired are studying in the specified 26 fields, and provides that an Iowa employer may receive 27 financial assistance in the amount of $1 for every $2 paid by 28 the employer to an intern, limited to an amount not exceeding 29 $5,000 for any single internship. The bill states that the 30 requirement to establish the internships is contingent upon the 31 provision of funding for such purposes by the general assembly, 32 and then appropriates $2 million for this purpose for the 33 2014-2015 fiscal year. The bill provides that no more than 3 34 percent of the funds appropriated may be used by the authority 35 -25- LSB 5359HV (2) 85 rn/nh 25/ 26
H.F. 2329 for costs associated with administration of the program. 1 The bill directs the department of workforce development to 2 issue a request for proposals regarding election of a digital 3 skills training provider to establish a digital literacy and 4 workforce training pilot program. The program shall provide 5 digital skills training, including training for teleworking and 6 coworking employment opportunities. The bill provides that 7 distribution and use of any funds appropriated to administer 8 the pilot program shall be determined by the department in 9 coordination with the chief information officer. The bill 10 appropriates $1.4 million to the department for purposes of 11 program administration for the 2014-2015 fiscal year. 12 -26- LSB 5359HV (2) 85 rn/nh 26/ 26
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