Bill Text: IA HSB124 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act permitting optical fiber additions on certain easements, providing remedies, and including retroactive applicability provisions.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-01-21 - Subcommittee reassigned: Hite, Bohannan and Latham. H.J. 188. [HSB124 Detail]
Download: Iowa-2021-HSB124-Introduced.html
House
Study
Bill
124
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
INFORMATION
TECHNOLOGY
BILL
BY
CHAIRPERSON
LOHSE)
A
BILL
FOR
An
Act
permitting
optical
fiber
additions
on
certain
easements,
1
providing
remedies,
and
including
retroactive
applicability
2
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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_____
Section
1.
NEW
SECTION
.
564.9
Optical
fiber
additions
——
1
remedies.
2
1.
a.
The
holder
of
an
easement
permitting
the
holder
to
3
maintain
or
operate
an
electric
distribution
system
may
attach
4
optical
fiber,
together
with
all
associated
equipment
for
the
5
distribution
of
communications
and
information
services
by
6
optical
fiber,
to
an
existing
electric
distribution
system
7
pursuant
to
the
existing
easement.
An
easement
holder
shall
8
not
be
required
to
acquire
or
purchase
an
additional
easement
9
or
license
to
attach
optical
fiber
to
an
existing
electric
10
distribution
system
pursuant
to
an
existing
easement,
provided
11
that
no
additional
poles
or
structures
are
installed
solely
12
because
of
the
optical
fiber
addition.
13
b.
For
purposes
of
this
section,
“electric
distribution
14
system”
means
the
same
as
defined
in
section
476.58.
15
2.
Notwithstanding
subsection
1,
the
owner
of
real
property
16
on
which
an
easement
holder
attaches
optical
fiber
to
an
17
existing
electric
distribution
system
pursuant
to
an
existing
18
easement
shall
have
a
cause
of
action
against
the
easement
19
holder
to
recover
damages
for
any
of
the
following:
20
a.
Actual
damages
caused
by
the
optical
fiber
addition.
21
b.
The
diminution
in
value
of
the
real
property
caused
by
22
the
optical
fiber
addition,
taking
into
account
any
increase
in
23
value
of
the
real
property
due
to
such
addition.
24
3.
An
action
to
recover
damages
pursuant
to
subsection
25
2
shall
be
brought
in
the
district
court
for
the
county
in
26
which
the
real
property
is
located.
No
such
action
shall
27
be
brought
after
the
expiration
of
one
year
following
the
28
date
on
which
the
easement
holder
attaches
optical
fiber
29
pursuant
to
subsection
1,
provided,
however,
that
an
action
to
30
recover
damages
for
optical
fiber
attached
on
or
before
the
31
effective
date
of
this
Act
shall
be
brought
within
one
year
32
after
the
effective
date
of
this
Act.
This
section
shall
be
33
the
exclusive
remedy
for
the
recovery
of
damages
pursuant
to
34
subsection
2.
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_____
Sec.
2.
RETROACTIVE
APPLICABILITY.
This
Act
applies
1
retroactively
to
optical
fiber
additions
made
on
or
before
the
2
effective
date
of
this
Act.
3
EXPLANATION
4
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
5
the
explanation’s
substance
by
the
members
of
the
general
assembly.
6
This
bill
relates
to
optical
fiber
additions
on
certain
7
easements.
8
The
bill
allows
the
holder
of
an
easement
permitting
the
9
holder
to
operate
or
maintain
an
electric
distribution
system,
10
as
defined
in
the
bill,
to
attach
optical
fiber,
including
all
11
associated
equipment,
to
an
existing
electric
distribution
12
system
pursuant
to
the
existing
easement.
An
easement
holder
13
is
not
required
to
obtain
an
additional
easement
or
license
14
to
attach
optical
fiber
to
an
existing
electric
distribution
15
system
pursuant
to
an
existing
easement,
provided
no
additional
16
poles
or
structures
are
installed
solely
because
of
the
optical
17
fiber
addition.
18
The
bill
authorizes
the
owner
of
real
property
on
which
an
19
easement
holder
attaches
optical
fiber
on
an
existing
electric
20
distribution
system
pursuant
to
an
existing
agreement
to
21
recover
damages
against
the
easement
holder
for
any
actual
22
damages
caused
by
the
optical
fiber
addition
and
any
diminution
23
in
value
of
the
real
property
caused
by
the
optical
fiber
24
addition,
taking
into
account
any
increase
in
value
of
the
real
25
property
due
to
the
addition.
An
action
to
recover
damages
26
shall
be
brought
in
the
district
court
for
the
county
in
which
27
the
real
property
is
located.
An
action
to
recover
damages
28
must
be
brought
within
one
year
after
the
easement
holder
29
attaches
the
optical
fiber,
provided,
however,
that
an
action
30
to
recover
damages
for
optical
fiber
attached
on
or
before
the
31
effective
date
of
the
bill
must
be
brought
within
one
year
32
after
the
bill
takes
effect.
The
bill
is
the
exclusive
remedy
33
to
recover
damages
due
to
an
optical
fiber
addition.
34
The
bill
applies
retroactively
to
optical
fiber
additions
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