HF 537 — A bill for an act relating to the imposition of certain fees on public utilities for the use of public rights-of-way. (Formerly HSB 32.) Effective 7-1-19.

House File 537 - IntroducedEnrolled HOUSEHouse FILEFile 537 BYAN COMMITTEEACT ONRELATING COMMERCE (SUCCESSOR TO HSBTHE 32)IMPOSITION AOF BILLCERTAIN FORFEES AnON ActPUBLIC relatingUTILITIES toFOR theTHE impositionUSE ofOF certainPUBLIC feesRIGHTS-OF-WAY. on public utilities for the use of public rights-of-way.

TLSBSection 1784HV1. (1) 88 gh/rn H.F.

537 Section 1.

A local government shall not recover any fee from a public utility for the use of its available right-of-way, other than a permit fee for its management costs attributable to the public utility’s requested use of the local government’s right-of-way.right-of-way .

The allocation shall reflect proportionately the costs incurred by theHouse localFile government537, asp. a result of the various types of uses of the public rights-of-way.

2 the local government as a result of the various types of uses of the public rights-of-way.

A local government, in lieu of a fee imposed under this chapter, shall not require in-kind services by a public utility LSBright-of-way 1784HVuser, (1)or 88require -1-in-kind gh/rnservices 1/2as H.F.a condition of the use of the local government’s public right-of-way, unless pursuant to a voluntary agreement between a public utility and local government to share services for the purpose of reducing costs and preserving public rights-of-way for future public safety purposes.

537______________________________ right-of-way______________________________ user,LINDA orUPMEYER requireCHARLES in-kindSCHNEIDER servicesSpeaker as a condition of the useHouse President of the localSenate government’sI publichereby right-of-way,certify unlessthat pursuantthis tobill aoriginated voluntaryin agreement between a public utility and local government to share services for the purposeHouse of reducing costs and preservingis publicknown rights-of-wayas forHouse futureFile public537, safetyEighty-eighth purposesGeneral .Assembly.

EXPLANATION______________________________ TheCARMINE inclusionBOAL ofChief thisClerk explanationof does not constitute agreement with the explanation’sHouse substanceApproved by_______________, the2019 members______________________________ ofKIM theREYNOLDS generalGovernor assembly.

This bill relates to certain fees imposed on public utilities for the use of public rights-of-way.

Code chapter 480A allows local governments to impose certain fees on public utilities for operating public utility facilities in public rights-of-way.

A local government may only impose a fee for management costs, as defined, that are caused by the public utility’s activity in the right-of-way, and cannot require in-kind services in lieu of a fee.

The bill modifies the definition of “management costs” in Code chapter 480A to provide that such costs must be direct and fully documented.

The bill specifies that a local government may only recover a permit fee for management costs attributable to the public utility’s requested use of an available public right-of-way, instead of management costs caused by the public utility’s activity in the right-of-way.

The bill provides that Code section 480A.3, relating to permissible fees imposed on public utilities, shall not prohibit voluntary agreements between a public utility and local government to share services for the purpose of reducing costs and preserving public rights-of-way for future public safety purposes, and allows in-kind services in lieu of a fee if pursuant to such a voluntary agreement.

LSB 1784HV (1) 88 -2- gh/rn 2/2