Bill Text: IA HF2112 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the regulation of utility meters and equipment used to facilitate telecommunications service, and including effective date and retroactive applicability provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-01-23 - Introduced, referred to Commerce. H.J. 128. [HF2112 Detail]
Download: Iowa-2019-HF2112-Introduced.html
House
File
2112
-
Introduced
HOUSE
FILE
2112
BY
SHIPLEY
A
BILL
FOR
An
Act
relating
to
the
regulation
of
utility
meters
and
1
equipment
used
to
facilitate
telecommunications
service,
2
and
including
effective
date
and
retroactive
applicability
3
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
5344YH
(4)
88
ja/rn
H.F.
2112
Section
1.
NEW
SECTION
.
364.10
Utility
meters
——
equipment
1
used
to
facilitate
telecommunications
service
——
city
authority.
2
Notwithstanding
any
other
provision
of
law
to
the
contrary,
3
an
ordinance,
motion,
resolution,
or
amendment
adopted
by
4
a
city
regarding
the
type
or
location
of
utility
meters
5
or
equipment
used
to
facilitate
telecommunications
service
6
in
relation
to
residential
real
property
shall
govern
the
7
installation
of
such
meters
or
equipment
and
shall
not
be
8
subject
to
preemption
by
any
other
regulatory
authority
or
9
interconnection
agreement.
10
Sec.
2.
NEW
SECTION
.
557.21A
Utility
meters
——
equipment
11
used
to
facilitate
telecommunications
service
——
declaration
of
12
covenants.
13
1.
In
this
section,
unless
the
context
requires
otherwise:
14
a.
“Association”
means
an
Iowa
corporation
responsible
for
15
the
operation
of
a
community
in
which
the
voting
membership
16
is
made
up
of
parcel
owners
or
their
agents,
or
a
combination
17
thereof,
and
in
which
membership
is
a
mandatory
condition
of
18
parcel
ownership,
and
which
is
authorized
to
impose
assessments
19
that,
if
unpaid,
may
become
a
lien
on
the
parcel.
20
b.
“Community”
means
the
real
property
that
is
or
will
be
21
subject
to
a
declaration
of
covenants
that
is
recorded
in
the
22
county
where
the
property
is
located.
23
c.
“Declaration
of
covenants”
means
a
recorded
written
24
instrument
in
the
nature
of
covenants
running
with
the
25
land
subjecting
the
land
comprising
the
community
to
the
26
jurisdiction
and
control
of
an
association
in
which
the
parcel
27
owners,
or
their
association
representatives,
must
be
members.
28
d.
“Member”
means
a
member
of
an
association
and
may
29
include
but
is
not
limited
to
a
parcel
owner
or
an
association
30
representing
parcel
owners
or
a
combination
of
each.
31
e.
“Parcel”
means
a
platted
or
unplatted
lot,
tract,
unit,
32
or
other
subdivision
of
residential
real
property
within
a
33
community,
as
described
in
the
declaration
of
covenants
and
to
34
which
the
following
apply:
35
-1-
LSB
5344YH
(4)
88
ja/rn
1/
3
H.F.
2112
(1)
Is
capable
of
separate
conveyance.
1
(2)
The
parcel
owner
or
an
association
in
which
the
parcel
2
owner
must
be
a
member
is
obligated
as
follows:
3
(a)
By
the
governing
documents
to
be
a
member
of
an
4
association
that
serves
the
community.
5
(b)
To
pay
to
the
association
assessments
that,
if
not
paid,
6
may
result
in
a
lien.
7
f.
“Parcel
owner”
means
the
record
owner
of
legal
title
to
a
8
parcel.
9
2.
Notwithstanding
any
other
provision
of
law
to
the
10
contrary,
but
subject
to
section
364.10,
the
declaration
of
11
covenants
shall
govern
the
type
or
location
of
utility
meters
12
and
equipment
used
to
facilitate
telecommunications
service
13
installed
on
a
parcel.
14
Sec.
3.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
15
importance,
takes
effect
upon
enactment.
16
Sec.
4.
RETROACTIVE
APPLICABILITY.
This
Act
applies
17
to
utility
meters
and
equipment
used
to
facilitate
18
telecommunications
service
installed
prior
to
and
on
or
after
19
the
effective
date
of
this
Act.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
relates
to
the
type
and
the
location
on
residential
24
property
of
meters
for
utilities
serving
the
property
and
25
equipment
used
to
facilitate
telecommunications
service
to
the
26
property.
27
The
bill
provides
that
a
city
ordinance,
motion,
resolution,
28
or
amendment,
if
adopted,
shall
govern
the
type
or
the
location
29
on
residential
property
of
meters
for
utilities
serving
the
30
property
and
equipment
used
to
facilitate
telecommunications
31
service
to
the
property.
This
provision
supersedes
any
other
32
regulatory
authority
or
interconnection
agreement.
33
The
bill
also
provides
that
a
declaration
of
covenants
of
a
34
homeowners’
association
shall
govern
the
type
or
the
location
35
-2-
LSB
5344YH
(4)
88
ja/rn
2/
3
H.F.
2112
on
residential
property
subject
to
the
declaration
of
covenants
1
of
meters
for
utilities
serving
the
property
and
equipment
used
2
to
facilitate
telecommunications
service
to
the
property.
This
3
provision
is
subject
to
a
city
ordinance,
motion,
resolution,
4
or
amendment
governing
such
type
or
location
but
supersedes
any
5
other
regulatory
authority
or
interconnection
agreement.
6
The
bill
takes
effect
upon
enactment,
and
applies
to
utility
7
meters
and
equipment
used
to
facilitate
telecommunications
8
service
installed
prior
to
and
on
or
after
the
bill’s
effective
9
date.
10
-3-
LSB
5344YH
(4)
88
ja/rn
3/
3
