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