Throughout the 19 weeks of the 2022 legislative session, the Iowa legislature introduced 2201 bills and resolutions. IAMU actively tracked and engaged on 99 of the 2201 bills and resolutions. In the end, 155 bills and joint resolutions were enrolled and signed into law. Eight of these bills impact municipal utilities in some fashion. The bills can be broken down into themes of administration, taxation, and infrastructure.

Legislative Session 2022 bills impacting municipal utilities

For more information on legislative matters, or to participate in IAMU’s legislative council, contact: Attorney Alex Cutchey, IAMU Director of Government Affairs at acutchey@iamu.org.

The Iowa Association of Municipal Utilities (IAMU) wants to let members know that some wireless providers may be asking city officials to “sign on” to a letter to the Federal Communications Commission (FCC). IAMU and the National League of Cities, strongly urge city officials not to sign on to the letter.

According to the National League of Cities, at least two wireless providers have been reaching out to local leaders asking that they sign on to/send a letter to the FCC urging federal rulemaking on small cell wireless facilities siting. The letter is being pitched to city officials as a way to show support for the growth and potential of 5G technology. However, the wireless industry is using the letter to demonstrate city support for FCC rulemaking that would harm cities. The FCC can and likely may use the letters to justify preemption. Initially, the rulemaking may sound reasonable, particularly to those unfamiliar with small cell preemption issues, but the rulemaking likely would be used to undercut local authority.

“IAMU strongly urges you or your local leaders to decline any requests to sign any letter from a wireless provider regarding FCC federal rulemaking on small cell wireless facilities siting,” said Tim Whipple, IAMU General Counsel. “If you have any questions, please reach out to us. IAMU is here to support your community’s best interests.”

See below for an example of the language in this sample letter. Several cities across the country have already filed versions of these letters with the FCC. Again, IAMU strongly urges you to decline any requests to sign this letter. If you or your city is interested in filing something with the FCC in support of local authority, please contact IAMU.

An excerpt from the misleading letter:

“As mayor of (city), I know that technology fosters ingenuity and economic growth in our cities and towns. That is why it’s critical we work together to bring small cells and, ultimately, 5G to cities across the nation. Your efforts to create model infrastructure rules that expedite small cell deployment while retaining reasonable protections for city rights-of-way should be applauded.

Expediting small wireless facility deployment is critical to delivering wireless access to advanced technology, broadband, and 911 services to residences, businesses, and schools. At the same time, cities should establish a fair and predictable process that retains protections for rights-of-way. A smart small cell policy should include:

• Comprehensive but transparent guidelines;
•  Reasonable compensation; and
•  Expedited yet thorough review timeline.

Through a thoughtful approach to small cells, some cities are working diligently to pave the way for the future while protecting the needs of the city. While some cities have moved quickly, others may benefit form a model policy that accelerates small cell deployments while retaining fair and reasonable protections for cities.

Working together we can provide a smart policy that fosters the technology needs of tomorrow and protecting the rights of cities throughout the country.

Thank you for your efforts to help ensure our cities remain competitive and encourage ongoing investment in our future.”

Questions about the letter or what you should do? Contact Tim Whipple, IAMU General Counsel, at 515.289.1999 or twhipple@iamu.org.

Governor Reynolds’ helps Iowa maintain national leadership in energy with new legislation

Iowa Governor Kim Reynolds signed Senate File 2311, which modifies various provisions relating to utilities, into law on May 4.

“We would like to applaud Governor Reynolds and the Iowa legislature for supporting legislation to move Iowa energy policy in the right direction,” said Troy DeJoode, Executive Director of the Iowa Association of Municipal Utilities (IAMU). “Governor Reynolds’ action will ensure Iowans receive the benefits of greater opportunities for economic growth throughout Iowa.”

Senate File 2311 includes regulatory efficiency updates, and joint financing for municipal utilities that will allow utilities to partner and finance to build out energy infrastructure to expand natural gas services.

“As the state’s Energy Plan has recognized, many rural areas of our state do not have adequate access to natural gas service.” said Tim Whipple, General Counsel for IAMU. “Senate File 2311 provides municipal utilities even more tools now to better serve our customers across Iowa. ”

Provisions in this bill will allow energy providers to operate even more efficiently while helping customers save money and providing opportunities for economic development.