Bill Text: IA HF655 | 2015-2016 | 86th General Assembly | Enrolled


Bill Title: A bill for an act relating to community development by establishing application rules and limitations for wireless communications facilities and infrastructure, by modifying provisions related to reinvestment districts and flood mitigation projects, and by providing for the coordination and facilitation of broadband access in targeted areas of the state, including property tax incentives, and including effective date and retroactive and other applicability provisions. Approved 6-22-15. Effective 7-1-15, with exception of Division II effective 6-22-15.

Spectrum: Committee Bill

Status: (Passed) 2015-06-22 - Signed by Governor. H.J. 1187. [HF655 Detail]

Download: Iowa-2015-HF655-Enrolled.html
House File 655 - Enrolled




                              HOUSE FILE       
                              BY  COMMITTEE ON WAYS AND
                                  MEANS

                              (SUCCESSOR TO HF 556)
                              (SUCCESSOR TO HSB 167)
 \5
                                   A BILL FOR
 \1
                                         House File 655

                             AN ACT
 RELATING TO COMMUNITY DEVELOPMENT BY ESTABLISHING APPLICATION
    RULES AND LIMITATIONS FOR WIRELESS COMMUNICATIONS FACILITIES
    AND INFRASTRUCTURE, BY MODIFYING PROVISIONS RELATED TO
    REINVESTMENT DISTRICTS AND FLOOD MITIGATION PROJECTS, AND BY
    PROVIDING FOR THE COORDINATION AND FACILITATION OF BROADBAND
    ACCESS IN TARGETED AREAS OF THE STATE, INCLUDING PROPERTY
    TAX INCENTIVES, AND INCLUDING EFFECTIVE DATE AND RETROACTIVE
    AND OTHER APPLICABILITY PROVISIONS.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
                           DIVISION I
     WIRELESS COMMUNICATIONS FACILITIES AND INFRASTRUCTURE
                          APPLICATIONS
    Section 1.  NEW SECTION.  8C.1  Short title.
    This chapter shall be known and may be cited as the "Iowa
 Cell Siting Act".
    Sec. 2.  NEW SECTION.  8C.2  Definitions.
    For the purposes of this chapter, unless the context
 otherwise requires:
    1.  "Applicant" means any person engaged in the business of
 providing wireless telecommunications services or the wireless
 telecommunications infrastructure required for wireless
 telecommunications services and who submits an application.
    2.  "Application" means a request submitted by an applicant
 to an authority to construct a new tower, for the initial
 placement of transmission equipment on a wireless support
 structure, for the modification of an existing tower or
 existing base station that constitutes a substantial change
 to an existing tower or existing base station, or any other
 request to construct or place transmission equipment that does
 not meet the definition of an eligible facilities request.
    3.  "Authority", used as a noun, means a state, county,
 or city governing body, board, agency, office, or commission
 authorized by law to make legislative, quasi=judicial,
 or administrative decisions relative to an application.
 "Authority" does not include state courts having jurisdiction
 over land use, planning, or zoning decisions made by an
 authority, the utilities division of the department of
 commerce, or entities that do not have zoning or permitting
 authority.
    4.  a.  "Base station" means a structure or equipment at a
 fixed location that enables wireless communications licensed by
 the federal communications commission or authorized wireless
 communications between user equipment and a communications
 network.
    b.  "Base station" does not mean a tower or equipment
 associated with a tower.
    c.  "Base station" includes but is not limited to equipment
 associated with wireless communications services such as
 private, broadcast, and public safety services and unlicensed
 wireless services and fixed wireless services such as microwave
 backhaul.
    d.  "Base station" includes but is not limited to radio
 transceivers, antennas, coaxial or fiberoptic cable, regular
 and backup power supplies, and comparable equipment, regardless
 of technological configuration.
    e.  "Base station" includes a structure other than a tower
 that, at the time the relevant application is filed with
 the state or local government, supports or houses equipment
 described in this subsection that has been reviewed and
 approved under the applicable zoning or siting process, or
 under another state or local regulatory review process, even if
 the structure was not built for the sole or primary purpose of
 providing such support.
    f.  "Base station" does not include any structure that at
 the time the relevant application is filed with the state or
 local government does not support or house equipment described
 in this subsection.
    5.  "Collocation" means the mounting or installation of
 additional transmission equipment on a support structure
 already in use for the purpose of transmitting or receiving
 radio frequency signals for communications purposes.
    5A.  "Electric utility" means any owner or operator of
 electric transmission or distribution facilities subject to the
 regulation and enforcement activities of the Iowa utilities
 board relating to safety standards.
    6.  "Eligible facilities request" means a request for
 modification of an existing tower or base station that does
 not substantially change the physical dimensions of the tower
 or base station and involves collocation of new transmission
 equipment, the removal of transmission equipment, or the
 replacement of transmission equipment.
    7.  "Existing tower" or "existing base station" means a tower
 or base station that has been reviewed and approved under the
 applicable zoning or siting process, or under another state or
 local regulatory review process.  "Existing tower" includes a
 tower that was not reviewed and approved because it was not in
 a zoned area when it was built and lawfully constructed.
    8.  "Initial placement or installation" means the first time
 transmission equipment is placed or installed on a wireless
 support structure.
    9.  a.  "Site", in relation to a tower that is not in the
 public right=of=way, means the current boundaries of the leased
 or owned property surrounding the tower and any access or
 utility easements currently related to the site.
    b.  "Site", in relation to support structures other than
 towers, means an area in proximity to the structure and to
 other transmission equipment already deployed on the ground.
    10.  "Substantial change" means a change in the existing
 support structure which results in one or more of the
 following:
    a.  (1)  Increase in the height of a tower, other than a
 tower in the public right=of=way, by more than ten percent or
 by the height of one additional antenna array with separation
 from the nearest existing antenna not to exceed twenty feet,
 whichever is greater.
    (2)  Increase in the height of existing support structures,
 other than a tower in subparagraph (1), by more than ten
 percent or more than ten feet, whichever is greater.
    (3)  Height shall be measured from the original support
 structure in cases where deployments are or will be separated
 horizontally, such as on buildings' rooftops.  Otherwise,
 height shall be measured from the dimensions of the tower or
 base station, inclusive of originally approved appurtenances
 and any modifications that were approved prior to the passage
 of the Spectrum Act, Pub. L. No. 112=96, Tit. VI.
    b.  (1)  Addition of an appurtenance to the body of the
 tower, other than a tower in the public right=of=way, that
 would protrude from the edge of the tower more than twenty
 feet, or more than the width of the tower structure at the
 level of the appurtenance, whichever is greater.
    (2)  Addition of an appurtenance to an existing support
 structure, other than a tower under subparagraph (1), that
 would protrude from the edge of the structure by more than six
 feet.
    c.  (1)  Installation of more than the standard number of
 new equipment cabinets for the technology involved, but not to
 exceed four cabinets.
    (2)  Installation of any new equipment cabinets on the ground
 if there are no preexisting ground cabinets associated with the
 tower in the public right=of=way or base station.
    (3)  Installation of ground cabinets that are more than
 ten percent larger in height or overall volume than any
 other ground cabinets associated with a tower in the public
 right=of=way or base station.
    d.  Excavation or deployment outside the current site.
    e.  Defeat of concealment elements of the existing support
 structure.
    f.  Noncompliance with conditions associated with the siting
 approval of the construction or modification of the existing
 support structure or base station equipment, except if the
 change is noncompliant only in a manner that does not exceed
 the thresholds identified in paragraphs "a" through "d".
    11.  "Tower" means a structure built for the sole or
 primary purpose of supporting an antenna and the associated
 facilities authorized or licensed by the federal communications
 commission.  "Tower" includes structures constructed for
 wireless communications services, including but not limited to
 private, broadcast, and public safety services and unlicensed
 wireless services and fixed wireless services, such as
 microwave backhaul, and the associated site.
    12.  "Transmission equipment" means equipment that
 facilitates transmission for a wireless communications
 service licensed or authorized by the federal communications
 commission, including but not limited to radio transceivers,
 antennas, coaxial or fiberoptic cable, and regular and backup
 power supply.  "Transmission equipment" includes equipment
 associated with wireless communications services, including but
 not limited to private, broadcast, and public safety services,
 such as wireless local area network services and services
 utilizing a set of specifications developed by the institute
 of electrical and electronics engineers for interface between
 a wireless client and a base station or between two wireless
 clients, as well as unlicensed wireless services and fixed
 wireless services, such as microwave backhaul.
    12A.  "Utility pole" means a structure owned or operated by
 a public utility, municipality, or electric utility that is
 designed specifically for and used to carry lines, cable, or
 wires for telephone, cable television, or electricity, or to
 provide lighting.
    13.  "Wireless support structure" means a structure that
 exists at the time an application is submitted and is capable
 of supporting the attachment or installation of transmission
 equipment in compliance with applicable codes, including but
 not limited to water towers, buildings, and other structures,
 whether within or outside the public right=of=way.  "Wireless
 support structure" does not include a tower or existing base
 station.
    Sec. 3.  NEW SECTION.  8C.3  Uniform rules and limitations ====
 applications.
    In order to ensure uniformity across this state with respect
 to the consideration of every application, and notwithstanding
 any other provision to the contrary, an authority shall not do
 any of the following:
    1.  Require an applicant to submit information about, or
 evaluate an applicant's business decisions with respect to,
 the applicant's designed service, customer demand for service,
 or quality of the applicant's service to or from a particular
 area or site, but may require propagation maps solely for the
 purpose of identifying the location of the coverage or capacity
 gap or need for applications for new towers in an area zoned
 residential.
    2.  a.  Evaluate an application based on the availability of
 other potential locations for the placement or construction of
 a tower or transmission equipment.
    b.  Require the applicant to establish other options for
 collocation instead of the construction of a new tower or
 modification of an existing tower or existing base station
 that constitutes a substantial change to an existing tower or
 existing base station.
    c.  Notwithstanding paragraph "b", an authority shall require
 an applicant applying for the construction of a new tower to
 provide an explanation regarding the reason for choosing the
 proposed location and the reason the applicant did not choose
 collocation.  The explanation shall include a sworn statement
 from an individual who has responsibility over placement of the
 tower attesting that collocation within the area determined
 by the applicant to meet the applicant's radio frequency
 engineering requirements for the placement of a site would not
 result in the same mobile service functionality, coverage,
 and capacity, is technically infeasible, or is economically
 burdensome to the applicant.
    3.  Dictate the type of transmission equipment or technology
 to be used by the applicant or discriminate between different
 types of infrastructure or technology.
    4.  a.  Require the removal of existing towers, base
 stations, or transmission equipment, wherever located, as a
 condition to approval of an application.
    b.  Notwithstanding paragraph "a", the authority may adopt
 reasonable rules regarding removal of abandoned towers or
 transmission equipment.
    5.  Impose environmental testing, sampling, or monitoring
 requirements, or other compliance measures, for radio frequency
 emissions from transmission equipment that are categorically
 excluded under the federal communications commission's
 rules for radio frequency emissions pursuant to 47 C.F.R.
 {1.1307(b)(1).
    6.  Establish or enforce regulations or procedures for radio
 frequency signal strength or the adequacy of service quality.
    7.  Reject an application, in whole or in part, based on
 perceived or alleged environmental effects of radio frequency
 emissions, as provided in 47 U.S.C. {332(c)(7)(B)(iv).
    8.  Prohibit the placement of emergency power systems that
 comply with federal and state environmental requirements.
    9.  Charge an application fee, consulting fee, or other fee
 associated with the submission, review, processing, or approval
 of an application, unless the fee charged is in compliance with
 this section. Fees imposed by an authority or by a third=party
 entity providing review or technical consultation to the
 authority shall be based on actual, direct, and reasonable
 administrative costs incurred for the review, processing, and
 approval of an application.  In no case shall total charges and
 fees exceed five hundred dollars for an eligible facilities
 request or three thousand dollars for an application for
 a new tower, for the initial placement or installation of
 transmission equipment on a wireless support structure, for
 a modification of an existing tower or existing base station
 that constitutes a substantial change to an existing tower or
 base station, or any other application to construct or place
 transmission equipment that does not constitute an eligible
 facilities request.  An authority or any third=party entity
 shall not include within its charges any travel expenses
 incurred in the review of an application for more than one trip
 to the authority's jurisdiction, and an applicant shall not
 be required to pay or reimburse an authority for consultant
 or other third=party fees based on a contingency=based or
 result=based arrangement.
    10.  Impose surety requirements, including bonds, escrow
 deposits, letters of credit, or any other type of financial
 surety, to ensure that abandoned or unused towers or
 transmission equipment can be removed, unless requirements
 are competitively neutral, nondiscriminatory, reasonable in
 amount, and commensurate with the historical record for local
 facilities and structures that are abandoned.
    11.  Condition the approval of an application on the
 applicant's agreement to provide space on or near the tower,
 base station, or wireless support structure for authority or
 local governmental or nongovernmental services at less than the
 market rate for such space or to provide other services via the
 structure or facilities at less than the market rate for such
 services.
    12.  Limit the duration of the approval of an application,
 except that construction of the approved structure or
 facilities shall be commenced within two years of final
 approval, including the disposition of any appeals, and
 diligently pursued to completion.
    13.  Discriminate on the basis of the ownership, including
 ownership by the authority, of any property, structure, or
 tower when promulgating rules or procedures for siting wireless
 facilities or for evaluating applications.
    Sec. 4.  NEW SECTION.  8C.4  Uniform rules ==== new tower
 applications.
    1.  An authority may exercise zoning, land use, planning,
 and permitting authority within the authority's territorial
 boundaries with regard to the siting of new towers, subject to
 the provisions of this chapter and  federal law.
    2.  An applicant that proposes to construct a new tower
 within the jurisdiction of an authority that has adopted
 planning and zoning regulations  shall submit the necessary
 copies and attachments of the application to the appropriate
 authority and comply with applicable local ordinances
 concerning land use and the appropriate permitting processes.
    3.  All records, documents, and electronic data in the
 possession or custody of authority personnel are subject to
 chapter 22. Disclosure of such records shall be consistent
 with applicable state law.
    4.  An authority, within one hundred fifty calendar days
 of receiving an application to construct a new tower, unless
 another date is specified in a written agreement between the
 authority and the applicant, shall comply with the following
 provisions:
    a.  Review the application for conformity with applicable
 local zoning regulations, building permit requirements, and
 consistency with this chapter.  An application is deemed to
 be complete unless the authority notifies the applicant in
 writing, within thirty calendar days of submission of the
 application, specifying the deficiencies in the application
 which, if cured, would make the application complete.  The
 authority's timeframe to review the application is tolled
 beginning the date the notice is sent. The authority's
 timeframe of one hundred fifty days for review of the
 application begins running again when the applicant cures the
 specified deficiencies.  Following the applicant's supplemental
 submission, the authority has ten days to notify the
 applicant that the supplemental submission did not provide the
 information identified in the original notice that specified
 deficiencies in the application. The authority's timeframe of
 one hundred fifty days to review the application is tolled in
 the case of second or subsequent notices in conformance with
 this paragraph. The authority shall not include deficiencies
 in a second or subsequent notice that were not delineated in
 the original notice.  The authority's timeframe for review does
 not toll if the authority requests information regarding any of
 the considerations an authority may not consider as described
 in section 8C.3.
    b.  Make its final decision to approve or disapprove the
 application.
    c.  Advise the applicant in writing of its final decision.
    5.  If the authority fails to act on an application to
 construct a new tower within the timeframe for review specified
 under subsection 4, the application shall be deemed approved.
    6.  A party aggrieved by the final action of an authority,
 either by its affirmative disapproval of an application under
 the provisions of this section or by its inaction, may bring an
 action for review in any court of competent jurisdiction.
    Sec. 5.  NEW SECTION.  8C.5  Uniform rules for certain
 changes.
    1.  An authority may exercise zoning, land use, planning,
 and permitting authority within the authority's territorial
 boundaries with regard to an application for initial placement
 or installation of transmission equipment on wireless support
 structures, for modification of an existing tower or existing
 base station that constitutes a substantial change, or for a
 request for construction or placement of transmission equipment
 that does not constitute an eligible facilities request,
 subject to the provisions of this chapter and federal law.
    2.  An applicant that proposes an initial placement or
 installation of transmission equipment on wireless support
 structures, a modification of an existing tower or existing
 base station that constitutes a substantial change, or a
 request for construction or placement of transmission equipment
 that does not constitute an eligible facilities request, within
 the jurisdiction of an authority that has adopted planning
 and zoning ordinances, rules, or regulations shall submit the
 necessary copies and attachments of the application to the
 authority and comply with such applicable local ordinances,
 rules, or regulations concerning land use and zoning and the
 appropriate local permitting processes.
    3.  All records, including but not limited to documents and
 electronic data, in the possession or custody of authority
 personnel are subject to chapter 22. Disclosure of such
 records shall be consistent with applicable state law.
    4.  An authority, within ninety calendar days of receiving an
 application pursuant to subsection 2, unless another date is
 specified in a written agreement between the authority and the
 applicant, shall comply with the following provisions:
    a.  Review the application for conformity with applicable
 local zoning ordinances, rules, or regulations, building
 permit requirements, and consistency with this chapter. An
 application is deemed to be complete unless the authority
 notifies the applicant in writing, within thirty calendar
 days of submission of the application, specifying the
 deficiencies in the application which, if cured, would make
 the application complete. The authority's timeframe for
 review is tolled beginning the date the notice is sent. The
 authority's ninety=day timeframe for review of the application
 begins running again when the applicant cures the specified
 deficiencies.  Following the applicant's supplemental
 submission, the authority has ten days to notify the
 applicant that the supplemental submission did not provide the
 information identified in the original notice that specified
 deficiencies. The authority's ninety=day timeframe to review
 the application is tolled in the case of second or subsequent
 notices in conformance with this paragraph. The authority
 shall not include deficiencies in a second or subsequent
 notice that were not delineated in the original notice.  The
 authority's ninety=day timeframe for review does not toll
 if the authority requests information regarding any of the
 considerations an authority may not consider as described in
 section 8C.3.
    b.  Make its final decision to approve or disapprove the
 application.
    c.  Advise the applicant in writing of its final decision.
    5.  If the authority fails to act on an application for an
 initial placement or installation of transmission equipment on
 wireless support structures, for a modification of an existing
 tower or existing base station that constitutes a substantial
 change, or for a request for construction or placement of
 transmission equipment that does not constitute an eligible
 facilities request within the review period specified under
 subsection 4, the application shall be deemed approved.
    6.  A party aggrieved by the final action of an authority,
 either by its affirmative disapproval of an application under
 the provisions of this section or by its inaction, may bring an
 action for review in any court of competent jurisdiction.
    Sec. 6.  NEW SECTION.  8C.6  Use of public lands for towers
 and transmission equipment.
    1.  In accordance with other applicable laws, when entering
 into a lease with an applicant for the applicant's use of
 public lands, an authority shall offer the market rate value
 for use of that land. The term of the lease shall be for at
 least twenty years, but all or a portion of the land may be
 subject to release for public purposes after fifteen years.
    2.  a.  If the authority and the applicant cannot agree
 on the market rate for lease of the public land and cannot
 agree on the process to derive the market rate, the appraisals
 of a three=person panel of appraisers shall determine the
 market rate.  Each party will appoint one appraiser and the
 two appointed appraisers shall select a third appraiser.  Each
 appraiser shall independently appraise the appropriate market
 rate for lease of the land. The market rate shall be set at
 the median value between the highest and lowest market rates
 determined by the three independent appraisers.  However, if
 the median between the appraisals of the appraisers appointed
 by each party is greater than or less than ten percent of the
 appraisal of the appraiser selected by the two appraisers, then
 the appraisal of the appraiser selected by the two appraisers
 shall determine the rate for the lease. Each appraiser
 shall send a copy of the appraisal to the authority and the
 applicant.  The authority shall use the appraisal process under
 this paragraph to determine the lease rate for purposes of this
 subsection.
    0b.  An authority shall approve or reject the lease rate as
 determined by the appraisal process pursuant to paragraph "a"
 within fifteen days following completion and receipt of the
 appraisals obtained pursuant to paragraph "a". The authority's
 failure to reject the lease rate as determined by the appraisal
 process within fifteen days constitutes approval of the lease
 rate determined pursuant to paragraph "a" as the market rate
 value for the use of the land for purposes of the lease between
 the authority and the applicant.
    b.  The authority and applicant shall conclude the appraisal
 process within one hundred fifty calendar days from the date
 the applicant first offered a proposed lease rate to the
 authority.
    c.  If using the three=person panel, each party shall bear
 the cost of its own appointed appraiser and equally share the
 cost of the third appraiser.
    Sec. 7.  NEW SECTION.  8C.7  Utility poles.
    Notwithstanding any provision to the contrary, an authority
 shall not mandate, require, or regulate the installation,
 location, or use of transmission equipment on a utility pole.
    Sec. 8.  NEW SECTION.  8C.8  Application and construction.
    This chapter shall not be construed as:
    1.  Prohibiting an airport, aviation authority, or
 municipality from administering and enforcing airport zoning
 pursuant to the provisions of chapter 329 for the protection
 of navigable airspace.
    2.  Infringing upon the jurisdiction of a commission, as
 defined in section 303.20, to approve or deny applications
 for proposed alterations to exterior features within an area
 designated as an area of historical significance.
    3.  Infringing upon the jurisdiction of a city or county,
 or any other entity authorized by statute, to approve or deny
 applications for proposed alterations to exterior features of
 designated local historic landmarks.
    Sec. 9.  NEW SECTION.  8C.9  Repeal.
    This chapter is repealed July 1, 2020.
    Sec. 10.  APPLICABILITY.  This division of this Act applies
 to applications submitted on or after the effective date of
 this division of this Act.
                           DIVISION II
           REINVESTMENT DISTRICTS AND FLOOD MITIGATION
    Sec. 11.  Section 15J.4, subsection 3, paragraph a, Code
 2015, is amended to read as follows:
    a.  The municipality shall submit a copy of the resolution,
 the proposed district plan, and all accompanying materials
 adopted pursuant to this section to the board for evaluation.
 The board shall not approve a proposed district plan or an
 amendment to an existing district's plan on or after July 1,
 2018.
    Sec. 12.  Section 28F.12, Code 2015, is amended to read as
 follows:
    28F.12  Additional powers of the entity.
    1.  If the entity is comprised solely of cities, counties,
 and sanitary districts established under chapter 358, or any
 combination thereof, the entity shall have in addition to all
 the powers enumerated in this chapter, the powers which that a
 county has with respect to solid waste disposal projects.
    2.  If the entity is comprised solely of cities, counties,
 and sanitary districts established under chapter 358, or any
 combination thereof, it is a governmental entity with respect
 to projects undertaken pursuant to chapter 418 and may exercise
 all of the powers of a governmental entity under that chapter
 in connection with the flood mitigation project.  Unless
 otherwise provided in chapter 418, if undertaking a flood
 mitigation project as a governmental entity under chapter
 418, the provisions of chapter 418 shall prevail over any
 conflicting provision in this chapter.
    Sec. 13.  Section 418.1, subsection 4, paragraph c,
 unnumbered paragraph 1, Code 2015, is amended to read as
 follows:
    A joint board or other legal or administrative entity
 established or designated in an agreement pursuant to chapter
 28E or 28F between any of the following:
    Sec. 14.  Section 418.1, subsection 4, paragraph c, Code
 2015, is amended by adding the following new subparagraph:
    NEW SUBPARAGRAPH.  (4)  One or more counties, one or more
 cities that are located in whole or in part within those
 counties, and one or more sanitary districts established under
 chapter 358 or a combined water and sanitary district as
 provided for in sections 357.1B and 358.1B, located in whole or
 in part within those counties.
    Sec. 15.  Section 418.4, subsection 1, paragraph b, Code
 2015, is amended to read as follows:
    b.  A governmental entity as defined in section 418.1,
 subsection 4, paragraph "c", shall have the power to construct,
 acquire, own, repair, improve, operate, and maintain a project,
 may sue and be sued, contract, and acquire and hold real and
 personal property, subject to the limitation in paragraph
 "c", and shall have such other powers as may be included in
 the chapter 28E or 28F agreement. Such a governmental entity
 may contract with a city or the county participating in the
 chapter 28E agreement to perform any governmental service,
 activity, or undertaking that the city or county is authorized
 by law to perform, including but not limited to contracts for
 administrative services.
    Sec. 16.  Section 418.11, subsection 3, paragraph c, Code
 2015, is amended to read as follows:
    c.  For projects approved for a governmental entity as
 defined in section 418.1, subsection 4, paragraph "c", the
 area used to determine the sales tax increment shall include
 the incorporated areas of each participating city that is
 participating in the chapter 28E agreement, the unincorporated
 areas of the each participating county, and the area of any
 participating drainage district not otherwise included in
 the areas of the participating cities or county, and the
 area served by any sanitary district or combined water and
 sanitary district and not otherwise included in the areas of
 the participating cities or counties, as applicable.
    Sec. 17.  Section 418.11, subsection 3, Code 2015, is amended
 by adding the following new paragraph:
    NEW PARAGRAPH.  d.  For all projects, the area used to
 determine the sales tax increment shall not include any parcels
 of real property that are included in a reinvestment district
 designated pursuant to chapter 15J.
    Sec. 18.  Section 418.14, subsection 3, paragraph a, Code
 2015, is amended to read as follows:
    a.  Except as otherwise provided in this section, bonds
 issued pursuant to this section shall not be subject to
 the provisions of any other law or charter relating to the
 authorization, issuance, or sale of bonds. Bonds issued under
 this section shall not limit or restrict the authority of a
 governmental entity as defined in section 418.1, subsection 4,
 paragraphs "a" and "b", or a city, county, or drainage district,
 sanitary district, or combined water and sanitary district
  participating in a governmental entity as defined in section
 418.1, subsection 4, paragraph "c", to issue bonds for the
 project under other provisions of the Code.
    Sec. 19.  Section 418.14, subsection 4, paragraph b, Code
 2015, is amended to read as follows:
    b.  If the moneys in the governmental entity's flood project
 fund are insufficient to pay the governmental entity's costs
 related to bonds, notes, or other obligations issued under
 this chapter, the amounts necessary to pay such costs may
 be levied and transferred for deposit in the governmental
 entity's flood project fund from the debt service fund of the
 governmental entity or, if applicable, the debt service fund
 of a participating city or county for a governmental entity as
 defined in section 418.1, subsection 4, paragraph "c", but only
 if and to the extent provided in the resolution authorizing the
 issuance of bonds and, if applicable, the chapter 28E or 28F
  agreement.
    Sec. 20.  Section 418.15, subsection 4, Code 2015, is amended
 to read as follows:
    4.  All property and improvements acquired by a governmental
 entity as defined in section 418.1, subsection 4, paragraph
 "c", relating to a project shall be transferred to the county,
 city, or drainage district, sanitary district, or combined
 water and sanitary district designated in the chapter 28E or
 28F agreement to receive such property and improvements. The
 county, city, or drainage district, sanitary district, or
 combined water and sanitary district to which such property or
 improvements are transferred shall, unless otherwise provided
 in the chapter 28E or 28F agreement, be solely responsible
 for the ongoing maintenance and support of such property and
 improvements.
    Sec. 21.  Section 423.2, subsection 11, paragraph b, Code
 2015, is amended by adding the following new subparagraph:
    NEW SUBPARAGRAPH.  (05)  Beginning the first day of the
 calendar quarter beginning on the reinvestment district's
 commencement date, subject to remittance limitations
 established by the economic development authority board
 pursuant to section 15J.4, subsection 3, transfer to a district
 account created in the state reinvestment district fund for
 each reinvestment district established under chapter 15J, the
 amount of new state sales tax revenue, determined in section
 15J.5, subsection 1, paragraph "b", in the district, that
 remains after the prior transfers required under this paragraph
 "b". Such transfers shall cease pursuant to section 15J.8.
    Sec. 22.  Section 423.2, subsection 11, paragraph b,
 subparagraph (6), Code 2015, is amended by striking the
 subparagraph.
    Sec. 23.  Section 423.2, Code 2015, is amended by adding the
 following new subsection:
    NEW SUBSECTION.  11A.  Of the amount of sales tax revenue
 actually transferred per quarter pursuant to subsection 11,
 paragraph "b", subparagraphs (05) and (5), the department shall
 retain an amount equal to the actual cost of administering the
 transfers under subsection 11, paragraph "b", subparagraphs
 (05) and (5), or twenty=five thousand dollars, whichever is
 less.  The amount retained by the department pursuant to this
 subsection shall be divided pro rata each quarter between the
 amounts that would have been transferred pursuant to subsection
 11, paragraph "b", subparagraphs (05) and (5), without the
 deduction made by operation of this subsection.  Revenues
 retained by the department pursuant to this subsection shall be
 considered repayment receipts as defined in section 8.2.
    Sec. 24.  EFFECTIVE UPON ENACTMENT.  This division of this
 Act, being deemed of immediate importance, takes effect upon
 enactment.
    Sec. 25.  RETROACTIVE AND OTHER APPLICABILITY.
    1.  Except as provided in subsection 3, this division of this
 Act applies retroactively to reinvestment districts designated
 under chapter 15J in existence on or after July 1, 2014.
    2.  Except as provided in subsection 3, this division of
 this Act applies to flood mitigation project plan applications
 received under chapter 418 before, on, or after the effective
 date of this division of this Act.
    3.  The sections of this division of this Act amending
 section 423.2, subsection 11, and enacting section 423.2,
 subsection 11A, apply to transfers of sales tax revenues made
 on or after July 1, 2015.
                          DIVISION III
                STATEWIDE BROADBAND COORDINATION
    Sec. 26.  Section 8B.1, Code 2015, is amended by adding the
 following new subsections:
    NEW SUBSECTION.  01.  "Broadband" means a high=speed,
 high=capacity electronic transmission medium, including fixed
 wireless and mobile wireless mediums, that can carry data
 signals from independent network sources by establishing
 different bandwidth channels and that is commonly used to
 deliver internet services to the public.
    NEW SUBSECTION.  001.  "Broadband infrastructure" means
 the physical infrastructure used for the transmission of data
 that provides broadband services. "Broadband infrastructure"
 does not include land, buildings, structures, improvements, or
 equipment not directly used in the transmission of data via
 broadband.
    NEW SUBSECTION.  0001.  "Communications service provider"
 means a service provider that provides broadband service.
    NEW SUBSECTION.  00001.  "Crop operation" means the same as
 defined in section 717A.1.
    NEW SUBSECTION.  7A.  "Targeted service area" means a United
 States census bureau census block located in this state,
 including any crop operation located within the census block,
 within which no communications service provider offers or
 facilitates broadband service at or above twenty=five megabits
 per second of download speed and three megabits per second of
 upload speed as of the effective date of this Act.
    Sec. 27.  Section 8B.1, subsection 1, Code 2015, is amended
 to read as follows:
    1.  "Information technology" means computing and electronics
 applications used to process and distribute information in
 digital and other forms and includes information technology
 devices, information technology services, infrastructure
 services, broadband and broadband infrastructure, and
 value=added services.
    Sec. 28.  Section 8B.3, subsection 1, Code 2015, is amended
 to read as follows:
    1.  The office is created for the purpose of leading,
 directing, managing, coordinating, and providing accountability
 for the information technology resources of state government
 and for coordinating statewide broadband availability and
 access.
    Sec. 29.  Section 8B.4, Code 2015, is amended by adding the
 following new subsections:
    NEW SUBSECTION.  14A.  Streamline, consolidate, and
 coordinate the access to and availability of broadband and
 broadband infrastructure throughout the state, including but
 not limited to the facilitation of public=private partnerships,
 ensuring that all state agencies' broadband and broadband
 infrastructure policies and procedures are aligned,  resolving
 issues which arise with regard to implementation efforts,
 and collecting data and developing metrics or standards
 against which the data may be measured and evaluated regarding
 broadband infrastructure installation and deployment.
    NEW SUBSECTION.  14B.  Administer the broadband grant
 program pursuant to section 8B.11.
    NEW SUBSECTION.  14C.  Coordinate the fiberoptic network
 conduit installation program established in section 8B.25.
    Sec. 30.  Section 8B.9, Code 2015, is amended by adding the
 following new subsection:
    NEW SUBSECTION.  5.  An annual report regarding the status
 of broadband expansion and coordination, the connecting
 Iowa farms, schools, and communities broadband grant program
 established under section 8B.11, and the adequacy of the speed
 set in the definition of targeted service area in section 8B.1.
    Sec. 31.  NEW SECTION.  8B.10  Targeted service areas ====
 determination ==== criteria.
    1.  The determination of whether a communications service
 provider offers or facilitates broadband service meeting the
 download or upload speeds specified in the definition of
 targeted service area in section 8B.1 shall be determined or
 ascertained by reference to broadband availability maps or data
 sources that are widely accepted for accuracy and available for
 public review and comment and that are identified by the office
 by rule.
    2.  The office shall establish procedures to allow
 challenges to the office's finding on whether an area meets the
 definition of targeted service area.
    Sec. 32.  NEW SECTION.  8B.11  Connecting Iowa farms, schools,
 and communities ==== broadband grants ==== fund.
    1.  The office shall administer a broadband grant program
 to award grants to communication service providers that reduce
 or eliminate targeted service areas by installing broadband
 infrastructure in targeted service areas in accordance with
 this section.
    2.  a.  A connecting Iowa farms, schools, and communities
 broadband grant fund is established in the state treasury under
 the authority of the office.  The fund shall consist of moneys
 available to and obtained or accepted by the office.  Moneys
 in the fund are appropriated to the office to be used for the
 grant program.
    b.  The office shall use moneys in the fund to provide grants
 to communication service providers pursuant to this section.
 The office shall use moneys in the fund to leverage available
 federal moneys if possible.
    c.  Notwithstanding section 8.33, moneys in the fund
 that remain unencumbered or unobligated at the close of the
 fiscal year shall not revert but shall remain available for
 expenditure for the purposes designated until the close of the
 succeeding fiscal year.
    3.  Communication service providers may apply to the office
 for a grant pursuant to this section for the installation of
 broadband infrastructure that facilitates broadband service
 at or above twenty=five megabits per second of download speed
 and three megabits per second of upload speed in targeted
 service areas.  The office shall include representatives from
 schools, communities, agriculture, industry, and other areas
 as appropriate to review and recommend grant awards.  The
 office shall conduct an open application review process and
 include a public internet site for applications, results, and
 performance.
    4.  a.  The office shall award grants on a competitive basis
 after considering the following:
    (1)  The relative need for broadband infrastructure in the
 area and the existing broadband service speeds.
    (2)  The percentage of the homes, farms, schools, and
 businesses in the targeted service area that will be provided
 access to broadband service.
    (3)  The geographic diversity of the project areas of all the
 applicants.
    (4)  The economic impact of the project to the area.
    (5)  The applicant's total proposed budget for the project,
 including the amount or percentage of local match, if any.
    (6)  Other factors the office deems relevant.
    b.  Except as otherwise provided in this section, the office
 shall not evaluate applications based on the office's knowledge
 of the applicant except for the information provided in the
 application.
    5.  The office shall not award a grant pursuant to this
 section that exceeds fifteen percent of the communication
 service provider's project cost.
    6.  The office shall provide public notice regarding the
 application process and receipt of funding.
    7.  The office shall not award a grant pursuant to this
 section on or after July 1, 2020.
    8.  The office shall adopt rules pursuant to chapter 17A,
 including but not limited to the broadband grant program
 process, management, and measurements as deemed necessary by
 the office.
    Sec. 33.  NEW SECTION.  8B.25  Fiberoptic network conduit
 installation program.
    1.  For purposes of this section:
    a.  "Fiberoptic network conduit" means a pipe, vault,
 or duct used to enclose fiberoptic cable facilities buried
 alongside a roadway or surface mounted on a bridge, overpass,
 or other facility where placement below ground is impossible
 or impractical. "Fiberoptic network conduit" does not include
 electronics or cable.
    b.  "Public funding" does not include a tax exemption
 authorized under section 427.1, subsection 40.
    c.  "Where such conduit does not exist" means that private
 or publicly owned fiberoptic cable is not currently within a
 linear range of five hundred feet or less in any one direction.
    2.  The office shall lead and coordinate a program to provide
 for the installation of fiberoptic network conduit where such
 conduit does not exist. The chief information officer shall
 consult and coordinate with applicable agencies and entities
 as determined appropriate to ensure that the opportunity is
 provided to lay or install fiberoptic network conduit wherever
 a state=funded construction project involves trenching, boring,
 a bridge, a roadway, or opening of the ground, or alongside any
 state=owned infrastructure.
    3.  Contingent upon the provision of funding for such
 purposes by the general assembly, the office may contract
 with a nongovernmental third party to manage, lease, install,
 or otherwise provide fiberoptic network conduit access for
 projects described in this section.  This section does not
 require coordination with or approval from the office pursuant
 to this program or installation of fiberoptic conduit as
 required by this section for construction projects not using
 public funding.
    Sec. 34.  NEW SECTION.  8B.26  Broadband permitting process
 ==== expeditious response.
    Notwithstanding any other provision to the contrary and in
 compliance with applicable federal laws and regulations, a
 political subdivision vested with permitting authority shall
 approve, approve with modification, or disapprove nonwireless,
 broadband=related permits within sixty business days following
 the submission of the necessary application requirements.  In
 the event that no action is taken during the sixty=day period,
 the application shall be deemed approved.
    Sec. 35.  Section 8D.3, subsection 2, paragraph a, Code 2015,
 is amended to read as follows:
    a.  The commission is composed of five voting members
 appointed by the governor and subject to confirmation by the
 senate. Members Voting members of the commission shall not
 serve in any manner or be employed by an authorized user of the
 network or by an entity seeking to do or doing business with
 the network.
    (1)  The governor shall appoint a voting member as the
 chairperson of the commission from the five voting members
 appointed by the governor, subject to confirmation by the
 senate.
    (2)  Members Voting members of the commission shall serve
 six=year staggered terms as designated by the governor and
 appointments to the commission are subject to the requirements
 of sections 69.16, 69.16A, and 69.19. Vacancies shall be
 filled by the governor for the duration of the unexpired term.
    (3)  The salary of the voting members of the commission shall
 be twelve thousand dollars per year, except that the salary
 of the chairperson shall be seventeen thousand dollars per
 year. Members Voting members of the commission shall also be
 reimbursed for all actual and necessary expenses incurred in
 the performance of duties as members. The benefits and salary
 paid to the voting members of the commission shall be adjusted
 annually equal to the average of the annual pay adjustments,
 expense reimbursements, and related benefits provided under
 collective bargaining agreements negotiated pursuant to chapter
 20.
    Sec. 36.  Section 8D.3, subsection 2, paragraph b, Code 2015,
 is amended to read as follows:
    b.  In addition to the members appointed by the governor,
 the The auditor of state or the auditor's designee and the
 chief information officer appointed pursuant to section 8B.2
 or the chief information officer's designee shall serve as a
  nonvoting, ex officio member members of the commission.
    Sec. 37.  Section 8D.4, Code 2015, is amended to read as
 follows:
    8D.4  Executive director appointed.
    The commission, in consultation with the director of
 the department of administrative services and the chief
 information officer, shall appoint an executive director of
 the commission, subject to confirmation by the senate. Such
 individual shall not serve as a member of the commission.
 The executive director shall serve at the pleasure of the
 commission. The executive director shall be selected primarily
 for administrative ability and knowledge in the field, without
 regard to political affiliation. The governor shall establish
 the salary of the executive director within range nine as
 established by the general assembly. The salary and support of
 the executive director shall be paid from funds deposited in
 the Iowa communications network fund.
    Sec. 38.  Section 80.28, subsection 2, Code 2015, is amended
 to read as follows:
    2.  The board shall consist of fifteen nineteen voting
 members, as follows:
    a.  The following members representing state agencies:
    (1)  One member representing the department of public
 safety.
    (2)  One member representing the state department of
 transportation.
    (3)  One member representing the department of homeland
 security and emergency management.
    (4)  One member representing the department of corrections.
    (5)  One member representing the department of natural
 resources.
    (6)  One member representing the Iowa department of public
 health.
    (7)  One member representing the office of the chief
 information officer created in section 8B.2.
    (8)  One member representing the Iowa law enforcement
 academy created in section 80B.4.
    b.  The governor shall solicit and consider recommendations
 from professional or volunteer organizations in appointing the
 following members:
    (1)  Two members who are representatives from municipal
 police departments.
    (2)  Two members who are representatives of sheriff's
 offices.
    (3)  Two members who are representatives from fire
 departments. One of the members shall be a volunteer fire
 fighter and the other member shall be a paid fire fighter.
    (4)  Two members who are law communication center managers
 employed by state or local government agencies.
    (05)  One member representing local emergency management
 coordinators.
    (005)  One member representing emergency medical service
 providers.
    (5)  One at=large member.
                           DIVISION IV
             PROPERTY TAX INCENTIVES AND ASSESSMENT
    Sec. 39.  Section 421.1A, subsection 3, Code 2015, is amended
 to read as follows:
    3.  At the election of a property owner or aggrieved taxpayer
 or an appellant described in section 441.42, the property
 assessment appeal board shall review any final decision,
 finding, ruling, determination, or order of a local board of
 review relating to protests of an assessment, valuation, or
 application of an equalization order, or any final decision
 of the county board of supervisors relating to denial of an
 application for, or the revocation of, a property tax exemption
 pursuant to section 427.1, subsection 40.
    Sec. 40.  Section 421.1A, subsection 4, Code 2015, is amended
 by adding the following new paragraph:
    NEW PARAGRAPH.  0b.  Affirm or reverse a final decision
 of a county board of supervisors relating to denial of an
 application for, or the revocation of, a property tax exemption
 under section 427.1, subsection 40.
    Sec. 41.  Section 427.1, Code 2015, is amended by adding the
 following new subsection:
    NEW SUBSECTION.  40.  Broadband infrastructure.
    a.  The owner of broadband infrastructure shall be entitled
 to an exemption from taxation to the extent provided in this
 subsection. For the purposes of this subsection, "broadband
 infrastructure" and "targeted service area" mean the same as
 defined in section 8B.1.
    b.  The exemption shall apply to the installation of
 broadband infrastructure that facilitates broadband service
 at or above twenty=five megabits per second of download speed
 and three megabits per second of upload speed commenced and
 completed on or after July 1, 2015, and before July 1, 2020,
 in a targeted service area, and used to deliver internet
 services to the public.  A person claiming an exemption
 under this subsection shall certify to the local assessor
 prior to commencement of the installation that the broadband
 installation will take place within a targeted service area
 and shall specify the current number of homes, farms, schools,
 and businesses in the targeted service area that were offered
 broadband service and the download and upload speeds available
 prior to the broadband infrastructure installation for which
 the exemption is claimed and the number of homes, farms,
 schools, and businesses in the targeted service area that will
 be offered broadband service and the download and upload speeds
 that will be available as a result of installation of the
 broadband infrastructure for which the exemption is claimed.
    c.  The tax exemption shall be a one hundred percent
 exemption from taxation for a period of ten years in an
 amount equal to the actual value added by installation of the
 broadband infrastructure.
    d.  For companies assessed by the department of revenue
 pursuant to chapter 433, the exemption shall be limited to
 an amount equal to the actual value added by installation of
 the broadband infrastructure as of the assessment date as
 determined by the department and the exemption shall be applied
 to the unit value prior to any other exemption applicable to
 the unit value, as determined under that chapter.
    e.  (1)  An application for an exemption shall be filed by
 the owner of the property with the department of revenue by
 February 1 of the year in which the broadband infrastructure is
 first assessed for taxation, or the following two assessment
 years, and in each case the exemption is allowed for ten years.
 Applications from applicants whose property is subject to
 assessment by the department pursuant to chapter 433 shall be
 reviewed by the department.  All other applications shall be
 reviewed by the applicable county board of supervisors.  The
 department shall forward those applications for exemption that
 are subject to review by the county board of supervisors to
 the county board of supervisors of each county in which the
 property is located.
    (2)  In lieu of subparagraph (1), and notwithstanding any
 provision in this subsection to the contrary, an owner may at
 any time before completion of the project submit a proposal
 to the department requesting that the department or the board
 of supervisors, as applicable, allow the owner to file an
 application for exemption by February 1 of any other assessment
 year following completion of the project, which year shall be
 selected by the department or the board, as applicable. If the
 department approves or if the board, by resolution, approves
 the proposal, the exemption is allowed for ten years.
    f.  (1)  The application shall be made on forms prescribed
 by the department. The application shall contain but not be
 limited to the following information:
    (a)  The nature of the broadband infrastructure
 installation.
    (b)  The percentage of the homes, farms, schools, and
 businesses in the targeted service area that will be provided
 access to broadband service.
    (c)  The actual cost of installing the broadband
 infrastructure under the project, if available.  The
 application shall contain supporting documents demonstrating
 the actual cost.
    (d)  Certification from the office of the chief information
 officer pursuant to section 8B.10 that the installation is
 being performed or was completed in a targeted service area.
 Certification from the office of the chief information officer
 that broadband infrastructure installed in a targeted service
 area facilitates broadband service at or above twenty=five
 megabits per second of download speed and three megabits per
 second of upload speed.
    (e)  Certification of the date of commencement and actual or
 estimated date of completion.
    (f)  A copy of any nonwireless broadband=related permit
 issued by a political subdivision.
    (g)  If applying pursuant to paragraph "e", subparagraph (2),
 the actual cost already incurred for installation of broadband
 infrastructure, if any, the estimated costs for project
 completion, and the estimated date of project completion.  The
 application shall contain supporting documents demonstrating
 the actual cost.
    (2)  The department and the board of supervisors shall not
 approve applications that are missing any of the information
 or documentation required in subparagraph (1).  The department
 or the board of supervisors may consult with the office of the
 chief information officer to access additional information
 needed to review an application.
    (3)  The department or the board of supervisors, as
 applicable, shall, by March 1, notify an applicant of
 approval or denial of an application for an exemption under
 this subsection and shall also notify the applicant of the
 applicant's right to an appeal.
    (4)  The board of supervisors shall forward all approved
 applications and any necessary information regarding the
 applications to the appropriate local assessor by March 1
 annually.  After the tax exemption is granted, the department
 or the local assessor, as applicable, shall continue to grant
 the tax exemption for ten years, and applications for exemption
 for succeeding years shall not be required.
    (5)  An applicant for a property tax exemption whose
 application was reviewed by the board of supervisors may appeal
 denial of the application to the property assessment appeal
 board within thirty days of the issuance of the denial.
    (6)  An applicant for a property tax exemption whose
 application was reviewed by the department may appeal denial of
 the application to the director of revenue within thirty days
 of the issuance of the denial.
    (7)  At any time after the exemption is granted and the
 broadband service is available in a targeted service area, the
 department or the board of supervisors, as applicable, under
 the direction of the office of the chief information officer,
 may require the property owner receiving the exemption to
 substantiate that the owner continues to provide the service
 described in paragraph "b".  If the department or the board
 of supervisors determines that the property owner no longer
 provides the service described in paragraph "b", the department
 or the board of supervisors shall revoke the exemption.  An
 owner may appeal the decision to revoke the exemption in the
 same manner as provided in subparagraphs (5) and (6), as
 applicable.
    g.  (1)  If a company whose property in the county is not
 assessed by the department of revenue is approved to receive a
 property tax exemption pursuant to this subsection, the actual
 value added by installation of the broadband infrastructure
 shall be determined by the local assessor who shall certify the
 amount of exemption determined to the county auditor at the
 time of transmitting the assessment rolls.
    (2)  Notwithstanding any other provision of law to the
 contrary, if a company in which all or a portion of the
 company's property in the county is assessed by the department
 pursuant to chapter 433 and the company's property in the
 county is approved to receive a property tax exemption
 pursuant to this subsection, the department shall assess
 all the company's property in the county used for operating
 telegraph and telephone lines, broadband, or cable systems for
 each assessment year the company receives the exemption, for
 purposes of determining the actual value added by installation
 of the broadband infrastructure.
    h.  The director of revenue shall adopt rules pursuant to
 chapter 17A for the interpretation and proper administration of
 the exemption provided in this subsection.
    Sec. 42.  Section 433.8, Code 2015, is amended to read as
 follows:
    433.8  Assessment in each county ==== how certified.
    The director of revenue shall, for the purpose of
 determining what amount shall be assessed to each company
 in each county of the state into which the line of the said
 company extends, certify to the several county auditors of the
 respective counties into, over, or through which said line
 extends the number of miles of line in the county for that
 company, the actual value per mile of line for that company,
 and the exemption value per mile of line for that company for
 exemptions received pursuant to section 427.1, subsection 40,
 section 433.4, or any other exemptions.  In no case, however,
 shall the taxable value of the property be reduced below zero.
    Sec. 43.  RULES.  The office of the chief information
 officer shall adopt rules pursuant to chapter 17A to certify
 that the installation of broadband infrastructure meets the
 requirements under section 427.1, subsection 40, as enacted in
 this division of this Act, for purposes of receiving a property
 tax exemption.
    Sec. 44.  IMPLEMENTATION.  Section 25B.7 shall not apply to
 this division of this Act.
    Sec. 45.  APPLICABILITY.  This division of this Act applies
 to assessment years beginning on or after January 1, 2016.
                           DIVISION V
       INFORMATION TECHNOLOGY INFRASTRUCTURE FOR EDUCATION
    Sec. 46.  Section 423F.3, subsection 6, Code 2015, is amended
 by adding the following new paragraph:
    NEW PARAGRAPH.  0c.  Additionally, "school infrastructure"
 includes the acquisition or installation of information
 technology infrastructure.  For purposes of this paragraph,
 "information technology infrastructure" means the basic,
 underlying physical framework or system necessary to deliver
 technology connectivity to a school district and to network
 school buildings within a school district.
                           DIVISION VI
    CONDITIONAL EFFECTIVE DATE AND RETROACTIVE APPLICABILITY
                           PROVISIONS
    Sec. 47.  EFFECTIVE UPON ENACTMENT.  Unless otherwise
 provided, this Act, if approved by the governor on or after
 July 1, 2015, takes effect upon enactment.
    Sec. 48.  RETROACTIVE APPLICABILITY.  Unless otherwise
 provided, this Act, if approved by the governor on or after
 July 1, 2015, applies retroactively to July 1, 2015.


                                                             
                               KRAIG PAULSEN
                               Speaker of the House


                                                             
                               PAM JOCHUM
                               President of the Senate
    I hereby certify that this bill originated in the House and
 is known as House File 655, Eighty=sixth General Assembly.


                                                             
                               CARMINE BOAL
                               Chief Clerk of the House
 Approved                , 2015


                                                             
                               TERRY E. BRANSTAD
                               Governor

                             -1-
feedback