A bill for an act relating to the siting of small wireless facilities. (Formerly SSB 1138.) Effective 7-1-17.
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SF 431 — A bill for an act relating to the siting of small wireless facilities. (Formerly SSB 1138.) Effective 7-1-17.
Last action — Signed by Governor.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced March 02, 2017. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
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Bill Text
What changed in the latest version
536 added · 426 removed536 line(s) added, 426 removed.
Senate File 431 - ReprintedEnrolled SENATESenate FILEFile 431 BYAN COMMITTEEACT ONRELATING COMMERCE (SUCCESSOR TO SSBTHE 1138)SITING (AsOF AmendedSMALL andWIRELESS PassedFACILITIES. by the Senate March 23, 2017) A BILL FOR An Act relating to the siting of small wireless facilities.
SFSection 4311. (3) 87 gh/rn/rj/jh S.F.
431 Section 1.
c.Senate File 431, p.
2 c.
“Utility pole” means a pole or similar structure owned or operated utilized in whole or in part by a public utility, municipality, wireless service provider, or electric utility that is designed specifically for and used to carry lines, cable, transmission equipment, or wires for telephone, wireless service, cable television, or electricity service, or to provide for lighting, the vertical portion of support structures for traffic control,control signals or devices, signage, information kiosks, or other similar functions.functions .
9A.
“Micro wireless facility” means a small wireless facility with dimensions no larger than twenty-four inches in length, fifteen inches in width, and twelve inches in height and that has an exterior antenna, if any, that is no more than eleven inches in length.
NEW SUBSECTION .
An associated electric meter, concealment, telecommunications demarcation box, ground-based enclosures, battery backup power SFsystems, 431grounding (3)equipment, 87power -1-transfer gh/rn/rj/jhswitch, 1/12cutoff S.F.switch, cable, conduit, and any equipment that is concealed from public view within or behind an existing structure or concealment may be located outside of the primary equipment enclosure and shall not be included in the calculation of the equipment volume.
431 systems, grounding equipment, power transfer switch, cutoff switch, cable, conduit, and any equipment that is concealed from public view within or behind an existing structure or concealment may be located outside of the primary equipment enclosure and shall not be included in the calculation of the equipment volume.
“Small wireless facility” includes a micro wireless facility as defined in subsection 9A.
Senate File 431, p.
3 c.
“Wireless facility” means equipment at a fixed location that enables the transmission of wireless communications or information of any kind between user equipment and a communications network.network, except that “wireless facility” does not include coaxial or fiberoptic cable that is not immediately adjacent to, or directly associated with, a particular antenna.
An authority that has adopted planning and zoning SFregulations 431shall (3)authorize 87the -2-siting gh/rn/rj/jhof 2/12a S.F.small wireless facility within its jurisdiction and shall not require a person to obtain a special or conditional land use permit for any of the following:
431(1) regulationsFor shallsiting authorize the siting of a small wireless facility withinin itsa jurisdictionpublic andright-of-way shallor noton requirean aauthority personstructure tolocated obtainoutside of a specialpublic orright-of-way conditionalto landthe useextent permitthat forsuch anystructure ofis theSenate following:File 431, p.
(1)4 For siting the small wireless facility in a public right-of-way or on an authority structure located outside of a public right-of-way to the extent that such structure is already in use as a wireless support structure by supporting non-authority communications equipment that involve external attachments, provided that such structure is not listed on the national register of historic places.
An authority may reasonably limit the number of new utility poles or wireless support structures, consistent with the protection of public health, safety, and welfare, and provided that such limitation does not have the effect of prohibiting or significantly impairing a wireless service provider’s ability to provide wireless service within the area of a proposed new structure.
(1) An authority may require a person to obtain a building, electrical, or public right-of-way use permit for the siting of a small wireless facility to the extent that such permit is of general applicability and does not deny access to site the small wireless facility in a public right-of-way.
Notwithstanding this paragraph, an authority shall not require SFa 431person (3)to 87obtain -3-a gh/rn/rj/jhpermit 3/12for S.F.the routine maintenance of a previously approved small wireless facility or the replacement of a previously approved small wireless facility with a facility of substantially similar height, weight, and wind and structural loading, provided, however, that an authority Senate File 431, p.
4315 a person to obtain a permit for the routine maintenance of a previously approved small wireless facility or the replacement of a previously approved small wireless facility with a facility of substantially similar height, weight, and wind and structural loading, provided, however, that an authority may require a person to obtain a permit to work in a public right-of-way or on an authority structure located outside of a public right-of-way with the same terms and conditions provided for other commercial projects or uses in the public right-of-way or on the authority structure.
(2) (a) Except as provided in subparagraph divisions (b) and (c), an authority shall not impose any fee or require any application or permit for the installation, placement, operation, maintenance, or replacement of a micro wireless facility that is suspended on operator-owned cables or lines that are strung between existing utility poles in compliance with national safety codes.
(b) An authority that has adopted a municipal or county code which requires an application or permit for the installation, placement, operation, maintenance, or replacement of a micro wireless facility may continue the application or permit requirement subsequent to the effective date of this Act.
(c) (i) An authority may require a single-use right-of-way permit for the installation, placement, operation, maintenance, or replacement of a micro wireless facility if any of the following conditions apply:
(A) The work is contained within a highway lane or requires the closure of a highway lane.
(B) The work disturbs the pavement, shoulder, ditch, or operation of a highway.
(C) The work involves placement of a micro wireless facility on a limited access right-of-way.
(D) The work requires any specific precautions to ensure the safety of the traveling public or the protection or operation of public infrastructure and such work was not authorized in, or will not be conducted in, the same time, place, or manner that is consistent with the approved terms of the existing permit for the facility or structure upon which the micro wireless facility is attached.
(ii) For purposes of this subparagraph division, “highway” means the same as defined in section 325A.1.
An authority shall not require a person to apply for or enter into an individual license, franchise, or other agreement with the authority or any other entity for the siting ofSenate aFile small431, wirelessp. facility on a utility pole located in a public right-of-way.
6 of a small wireless facility on a utility pole located in a public right-of-way.
(2) Require compliance with the Iowa electrical safety code.code, the national electrical safety code, applicable fire safety codes, and any building code or similar code of general applicability for the protection of the public health, safety, or welfare that was adopted by an authority prior to the filing of the application.
(5) Require that after the construction of a small wireless facility or new utility pole is completed in accordance with all conditions under which the permit is granted, which conditions shall be consistent with this section, the owner of the small wireless facility or new utility pole, or the owner’s successor in interest, shall maintain the small wireless facility or new utility pole at the expense of the owner or successor and if the authority subsequently undertakes any maintenance, public improvement project, or reconstruction of authority property or equipment which requires the modification, relocation, or reconstruction of the small wireless facility or new utility pole, such work and the costs thereof shall be the responsibility of the owner or successor.
If the project necessitating the modification, relocation, or reconstruction of the small wireless facility or new utility pole is for a private commercial purpose, the authority may require the owner or successor to modify, relocate, or reconstruct the small wireless facility or new utility pole upon prepayment of the costs of such work by the Senate File 431, p.
7 private commercial entity whose project facilitates the need for such work.
For purposes of this subparagraph, “new utility pole” means a new utility pole installed by a wireless service provider pursuant to this section solely for use as a wireless support structure and that is owned by the wireless service provider.
(1) An applicant shall not be required to provide more information or pay a higher application fee, consulting fee, or other fee associated with the processing or issuance of a SFpermit 431than (3)the 87amount -4-charged gh/rn/rj/jhto 4/12a S.F.telecommunications service provider that is not a wireless service provider.
431 permit than the amount charged to a telecommunications service provider that is not a wireless service provider.
(2) An authority shall approve or deny a permit application within sixtyninety days following the submission of a completed application.
Show all 87 changed lines (47 more)
Except as provided herein, an application shall be deemed approved if the authority fails to approve or deny the application within sixtyninety days following the submission of a completed application.
AnSenate applicantFile may431, addressp. up to twenty-five small wireless facilities in a single application, provided, however, that a single application may only address small wireless facilities within a single two-mile radius.
8 An applicant may address up to twenty-five small wireless facilities in a single application, provided, however, that a single application may only address small wireless facilities within a single two-mile radius consisting of substantially similar equipment to be placed on substantially similar types of wireless support structures or utility poles.
An authority’s denial of an individual small wireless facility or subset of SFsmall 431wireless (3)facilities 87within -5-an gh/rn/rj/jhapplication 5/12is S.F.not a basis to deny the application as a whole.
431If an authority receives applications for the approval of more than seventy-five small wireless facilities within a single seven-day period, whether from a single applicant or from multiple applicants, the authority may notify an applicationapplicant submitting any additional siting applications during that seven-day period that the authority is notinvoking aits basisright to denyan theautomatic thirty-day extension for any additional siting application assubmitted aduring whole.that seven-day period.
If an authority receives applications for the approval of more than seventy-five small wireless facilities within a single seven-day period, whether from a single applicant or from multiple applicants, the authority may, upon request, obtain an automatic thirty-day extension for any additional siting application submitted during that seven-day period.
(ii) The application does not meetcomply with the Iowa electrical safety code, the national electrical safety code, applicable fire safety codes, or any building code or electricalsimilar codescode of general applicability for the protection of the public health, safety, or standards,welfare providedthat suchwas codesadopted andby standardsan areauthority prior to the filing of generalthe applicability.application.
(iv) (A) A licensed engineer selected by the applicant or the authority certifies that siting the small wireless facility as proposed would compromise the structural safety of, or preclude the essential purpose of, the utility pole or wireless support structure in the public right-of-way on which it is proposed to be sited and theany applicant refuses to reimburse the authority for the costs of modifying or replacing the utilityfollowing poleconditions orapply: wireless support structure with a utility pole or wireless support structure that would safely support the small wireless facility and preserve the essential purpose of the utility pole or wireless support structure.
(v)Senate TheFile application431, seeksp. approval of a new utility pole or wireless support structure that would preclude the safe and effective use of facilities already located in a public right-of-way.
(vi)9 (I) The applicationapplicant seeksfails approvalto forredesign the siting of a small wireless facility onin a manner determined necessary by the engineer to make the existing utility pole or wireless support structure usedstructurally exclusivelysound for emergencythe communicationssiting equipment.of the small wireless facility.
SF(II) 431The (3)applicant 87fails -6-to gh/rn/rj/jhmodify 6/12the S.F.utility pole or wireless support structure to make the structure structurally sound for the siting of the small wireless facility.
431(III) (b)The Anapplicant authorityfails denyingto anreplace application shall document the basisutility forpole theor denial,wireless includingsupport thestructure specificwith codea provisionsutility pole or standardswireless onsupport whichstructure thethat denial is based,structurally andsound providefor the applicantsiting withof such documentation on or before the datesmall thewireless applicationfacility. is denied.
(IV) The applicant fails to propose an alternative location for the siting of the small wireless facility.
(B) If an applicant chooses to modify or replace a utility pole or wireless support structure to make the structure structurally sound for the siting of a small wireless facility, the applicant shall pay or advance to the authority the costs of modifying or replacing the utility pole or wireless support structure with a utility pole or wireless support structure that would safely support the small wireless facility and preserve the essential purpose of the utility pole or wireless support structure.
(v) The application seeks approval of a new small wireless facility, utility pole, or wireless support structure that would impair, interfere with, or preclude the safe and effective use of facilities already located in the public right-of-way for pedestrian, vehicular, utility, or other authority public right-of-way purposes.
(vi) The application seeks approval for the siting of a small wireless facility outside the public right-of-way that would impair, interfere with, or preclude the safe and effective use of an authority structure or property for a public purpose.
(vii) The application seeks approval for the siting of a small wireless facility on a wireless support structure used exclusively for emergency communications equipment.
(viii) The application seeks approval for the siting of a small wireless facility on a utility pole that is the vertical Senate File 431, p.
10 portion of a support structure for a traffic control signal or device, and the authority determines that the utility pole lacks sufficient space or load capacity for the proposed siting or the small wireless facility cannot be sited on the utility pole without impairing the public health, safety, or welfare.
(b) An authority denying an application shall document the basis for the denial, including the specific code provisions or standards on which the denial is based, and provide the applicant with such documentation on or before the date the application is denied.
(4) An authority shall not limit the duration of a permit issued underfor the siting of a small wireless facility in a public right-of-way pursuant to this subsection, provided,and however,shall thatnot limit the constructionduration of a permit issued for the siting of a small wireless facility permittedon pursuantan toauthority thisstructure subsectionlocated shalloutside commenceof noa laterpublic right-of-way to any period less than twoten yearsyears, followingwith theone dateautomatic five-year renewal, provided, however, that the permitowner isof issued,the orsmall twowireless yearsfacility aftermay anyterminate appealsthe arepermit exhausted.upon providing ninety days’ notice to the authority.
The construction of a small wireless facility permitted pursuant to this subsection shall commence no later than two years following the date that the permit is issued, or two years after any appeals are exhausted.
An authority shall receive an application for, process, and issue a permit for the siting of a small wireless facility in a manner substantially comparable to the permitting of other applicants within the jurisdiction ofSenate theFile authority,431, andp. may not impose discriminatory licensing standards for persons siting small wireless facilities.
11 of the authority, and may not impose discriminatory licensing standards for persons siting small wireless facilities.
An authority shall authorize the siting of a small SFwireless 431facility (3)on 87an -7-authority gh/rn/rj/jhstructure 7/12located S.F.outside of a public right-of-way to the same extent the authority authorizes access to such structures for other non-authority communications equipment that involve external attachments, and may authorize the siting even if the authority has not previously permitted such access.
431 wireless facility on an authority structure located outside of a public right-of-way to the same extent the authority authorizes access to such structures for other non-authority communications equipment that involve external attachments, and may authorize the siting even if the authority has not previously permitted such access.
Notwithstanding chapter 480A, the annual recurring rate for such siting as charged by an authority shall not exceed the leastlesser of any of the following:
(3) One hundred dollars, adjusted every five years to reflect any increases or decreases in the consumer price index, rounded to the nearest five dollars.
§1.1401 et seq., and the Iowa electrical safety code.Senate File 431, p.
SF12 431code. (3) 87 -8- gh/rn/rj/jh 8/12 S.F.
431 Sec.
Good SFcause 431for (3)a 87delay -9-in gh/rn/rj/jhcorrective 9/12action S.F.shall include but is not limited to a dispute over whether the recipient of the notice is the owner of the small wireless facility at issue, a Senate File 431, p.
43113 cause for a delay in corrective action shall include but is not limited to a dispute over whether the recipient of the notice is the owner of the small wireless facility at issue, a dispute over whether the alleged violation has occurred, or if taking corrective action within the required time frame is not possible due to circumstances which are beyond the control of the owner of the small wireless facility.
Notwithstanding subsections 1 through 3, in the event of an emergency, an authority or public utility shall contact the owner of the small wireless facility at issue and provide the owner with a reasonable opportunityopportunity, given the nature of the emergency, to alleviate such emergency or participate with the authority or public utility to make any repairs necessary to alleviate such emergency.
If the owner of the small wireless facility does not respond in a timely manner, as determined by the authority or public utility given the nature of the emergency, the authority or public utility may remove or make alterations to the small wireless facility as necessary to ensure public safety.
However, this section shall not preclude a party from bringing an action pursuant to the Iowa electrical safety code SFor 43147 (3)C.F.R. 87 -10- gh/rn/rj/jh 10/12 S.F.
431 or 47 C.F.R.
Nothing in this section shall be deemed to limit the ability of a public utility and the owner of a small wireless facilitySenate toFile voluntarily431, enterp. into a pole attachment agreement that establishes different terms for the siting of a small wireless facility or the resolution of a dispute regarding such a facility.
14 facility to voluntarily enter into a pole attachment agreement that establishes different terms for the siting of a small wireless facility or the resolution of a dispute regarding such a facility.
A person shall comply with nondiscriminatory undergrounding requirements that prohibit wireless service providers from installing structures in a public right-of-way without prior zoning approval in areas designated as an underground district pursuant to a resolution or ordinance adopted by an authority prior to the date the application is filed or in areas zoned and used for single-family residential use, provided that such requirements SFshall 431not (3)prohibit 87the -11-replacement gh/rn/rj/jhof 11/12existing S.F.structures.
431 shall not prohibit the replacement of existing structures.
Sec.Senate File 431, p.
15 Sec.
SF______________________________ 431______________________________ (3)JACK 87WHITVER -12-LINDA gh/rn/rj/jhUPMEYER 12/12President of the Senate Speaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 431, Eighty-seventh General Assembly.
______________________________ W.
CHARLES SMITHSON Secretary of the Senate Approved _______________, 2017 ______________________________ TERRY E.
BRANSTAD Governor
Show all 87 changed rows (47 more)
Amendments
4 amendments- Amendment S-3220 Show changes
- Amendment S-3230 Show changes
- Amendment H-1337 Show changes
- Amendment S-3319 Show changes
Click Show changes on an amendment above to see how it modifies the bill.
Action History
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Signed by Governor.
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Sent to Governor.
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Reported correctly enrolled, signed by President and Speaker.
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Message from Senate.
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Immediate message.
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Passed Senate, ayes 50, nays 0.
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Senate concurred with S-3319.
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Message from House, with amendment S-3319.
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Immediate message.
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Passed House, ayes 93, nays 0.
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Amendment H-1337 filed, adopted.
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Placed on calendar under unfinished business.
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Committee report, recommending passage.
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Subcommittee: Vander Linden, Hall and Mohr.
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Read first time, referred to Commerce.
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Explanation of vote.
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Message from Senate.
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Immediate message.
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Passed Senate, ayes 44, nays 3.
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Amendment S-3220 adopted, as amended.
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Amendment S-3230 filed, adopted.
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Amendment S-3220 filed.
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Committee report, approving bill.
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Introduced, placed on calendar.
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 0 co-sponsors · 148 not signed on
Sponsors (0)
None.
Co-sponsors (0)
None.
Not signed on (148)
148 members have not signed on to this bill.
Show all 148 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
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- This bill has been enacted into law. Introduced March 02, 2017. Enacted.
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