Bill Text: IA HSB53 | 2021-2022 | 89th General Assembly | Introduced


Bill Title: A bill for an act relating to the development and utilization of high-speed electronic transmission mediums.(See HF 586.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2021-02-17 - Committee report approving bill, renumbered as HF 586. [HSB53 Detail]

Download: Iowa-2021-HSB53-Introduced.html
House Study Bill 53 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON ECONOMIC GROWTH BILL BY CHAIRPERSON SORENSEN) A BILL FOR An Act relating to the development and utilization of 1 high-speed electronic transmission mediums. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1134YC (1) 89 ja/rn
H.F. _____ Section 1. Section 8B.4, subsection 17, Code 2021, is 1 amended by striking the subsection. 2 Sec. 2. NEW SECTION . 15E.167 Broadband forward and 3 telecommuter forward —— certifications. 4 1. As used in this section, unless the context requires 5 otherwise: 6 a. “Broadband” means the same as defined in section 8B.1. 7 b. “Broadband infrastructure” means the same as defined in 8 section 8B.1. 9 c. “Political subdivision” means a city, county, or 10 township. 11 2. The authority shall establish the following 12 certification programs: 13 a. Broadband forward certification, with the objective of 14 encouraging political subdivisions to further develop broadband 15 infrastructure and access to broadband. 16 b. Telecommuter forward certification, with the objective 17 of encouraging political subdivisions to further develop and 18 promote the availability of telecommuting. 19 3. To obtain broadband forward certification or 20 telecommuter forward certification, a political subdivision 21 shall submit an application to the authority on forms 22 prescribed by the authority by rule. 23 4. The authority shall develop criteria for evaluating an 24 application for both forms of certification and the awarding 25 of certificates. The criteria shall take into account, at 26 a minimum, the applicant’s individual circumstances and the 27 economic goals of the applicant. The authority shall consult 28 with local government entities and local economic development 29 officials when evaluating an application. 30 5. The authority shall adopt rules pursuant to chapter 17A 31 for the implementation of this section. 32 Sec. 3. NEW SECTION . 306.48 Fiberoptic network conduit 33 installation program. 34 1. For purposes of this section: 35 -1- LSB 1134YC (1) 89 ja/rn 1/ 4
H.F. _____ a. “Fiberoptic network conduit” means a pipe, vault, 1 or duct used to enclose fiberoptic cable facilities buried 2 alongside a roadway or surface mounted on a bridge, overpass, 3 or other facility where placement below ground is impossible 4 or impractical. “Fiberoptic network conduit” does not include 5 electronics or cable. 6 b. “Public funding” does not include a tax exemption 7 authorized under section 427.1, subsection 40. 8 c. “Where such conduit does not exist” means that private 9 or publicly owned fiberoptic cable is not currently within a 10 linear range of five hundred feet or less in any one direction. 11 2. The department shall lead and coordinate a program to 12 provide for the installation of fiberoptic network conduit 13 where such conduit does not exist. The department shall 14 consult and coordinate with applicable agencies and entities, 15 including the office of the chief information officer, the 16 economic development authority, county boards of supervisors, 17 municipal governing bodies, the farm-to-market review board, 18 county conservation boards, and the boards, commissions, or 19 agencies in control of state parks, as determined appropriate 20 to ensure that the opportunity is provided to lay or install 21 fiberoptic network conduit wherever a construction project 22 utilizing public funding involves opening of the ground 23 alongside a primary road. 24 3. The department may contract with a nongovernmental 25 third party to manage, lease, install, or otherwise provide 26 fiberoptic network conduit access for projects described in 27 this section. This section does not require coordination with 28 or approval from the department pursuant to this program or 29 installation of fiberoptic conduit as required by this section 30 for construction projects not using public funding. 31 4. To facilitate the installation of fiberoptic network 32 conduit where such conduit does not exist, the department shall 33 maintain an up-to-date list of construction projects utilizing 34 public funding that involve the opening of the ground alongside 35 -2- LSB 1134YC (1) 89 ja/rn 2/ 4
H.F. _____ a primary road and shall publish the list on the department’s 1 internet site. 2 Sec. 4. REPEAL. Section 8B.25, Code 2021, is repealed. 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 the development and utilization 7 of high-speed electronic transmission mediums, including 8 certifications to be issued by the economic development 9 authority and the fiberoptic conduit installation program. 10 The bill requires the authority to establish a broadband 11 forward certification program and a telecommuter forward 12 certification program. The objective of the broadband forward 13 certification program is to encourage political subdivisions 14 to further develop broadband infrastructure and access 15 to broadband. The objective of the telecommuter forward 16 certification program is to encourage political subdivisions to 17 further develop and promote the availability of telecommuting. 18 The bill provides that a political subdivision is to apply 19 to the authority for broadband forward certification or 20 telecommuter forward certification on forms prescribed by the 21 authority by rule. The bill requires the authority to develop 22 criteria for evaluating applications for broadband forward 23 certification and telecommuter forward certification. The 24 bill provides that such criteria shall take into account the 25 applicant’s individual circumstances and economic goals. The 26 bill additionally provides that the authority shall consult 27 with local government entities and local economic development 28 officials when evaluating an application. 29 The bill repeals the fiberoptic network conduit installation 30 program under the authority of the office of the chief 31 information officer and reestablishes the program under the 32 purview of the department of transportation. The fiberoptic 33 network conduit installation program provides that the 34 department of transportation is to administer a program related 35 -3- LSB 1134YC (1) 89 ja/rn 3/ 4
H.F. _____ to the installation of fiberoptic network conduit where such 1 conduit does not exist. More specifically, the department 2 is to coordinate with applicable agencies and entities to 3 ensure there is an opportunity to install fiberoptic network 4 conduit during certain projects. The bill also requires the 5 department to maintain and publish on its internet site a list 6 of construction projects utilizing public funding that involve 7 opening the ground alongside a private road. 8 -4- LSB 1134YC (1) 89 ja/rn 4/ 4
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