Bill Text: IA HSB137 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to matters under the purview of the utilities division of the department of commerce.(See HF 483, HF 693.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-02-24 - Committee report approving bill, renumbered as HF 483. [HSB137 Detail]
Download: Iowa-2021-HSB137-Introduced.html
House
Study
Bill
137
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
COMMERCE/UTILITIES
DIVISION
BILL)
A
BILL
FOR
An
Act
relating
to
matters
under
the
purview
of
the
utilities
1
division
of
the
department
of
commerce.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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DIVISION
I
1
ADMINISTRATION
2
Section
1.
Section
476.2,
Code
2021,
is
amended
by
adding
3
the
following
new
subsection:
4
NEW
SUBSECTION
.
4A.
The
board
shall
have
the
authority
5
to
employ
or
appoint
an
independent
administrative
law
judge
6
to
preside
over
any
hearing
or
proceeding
before
the
board.
7
Sections
10A.801
and
17A.11
do
not
apply
to
the
employment
or
8
appointment
of
an
administrative
law
judge
pursuant
to
this
9
subsection.
10
Sec.
2.
Section
476.10,
subsection
1,
paragraph
b,
Code
11
2021,
is
amended
to
read
as
follows:
12
b.
The
board
shall
ascertain
the
total
of
the
division’s
13
expenses
incurred
during
each
fiscal
year
in
the
performance
14
of
its
duties
under
law.
The
board
shall
add
to
the
total
of
15
the
division’s
expenses
the
certified
expenses
of
the
consumer
16
advocate
as
provided
under
section
475A.6
.
The
board
shall
17
deduct
all
amounts
charged
directly
to
any
person
from
the
18
total
expenses
of
the
board
and
the
consumer
advocate.
The
19
board
may
assess
the
amount
remaining
after
the
deduction
20
to
all
persons
providing
service
over
which
the
board
has
21
jurisdiction
in
proportion
to
the
respective
gross
operating
22
revenues
of
such
persons
from
intrastate
operations
during
the
23
last
calendar
year
over
which
the
board
has
jurisdiction.
For
24
purposes
of
determining
gross
operating
revenues
under
this
25
section
,
the
board
shall
not
include
gross
receipts
received
26
by
a
cooperative
corporation
or
association
for
wholesale
27
transactions
with
members
of
the
cooperative
corporation
28
or
association,
provided
that
the
members
are
subject
to
29
assessment
by
the
board
based
upon
the
members’
gross
operating
30
revenues,
or
provided
that
such
a
member
is
an
association
31
whose
members
are
subject
to
assessment
by
the
board
based
32
upon
the
members’
gross
operating
revenues.
If
any
portion
33
of
the
remainder
can
be
identified
with
a
specific
type
of
34
utility
service,
the
board
shall
assess
those
expenses
only
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to
the
entities
providing
that
type
of
service
over
which
the
1
board
has
jurisdiction.
The
board
may
make
the
remainder
2
assessments
under
this
paragraph
on
a
quarterly
basis
to
some
3
or
all
persons
providing
service
over
which
the
board
has
4
jurisdiction
,
based
upon
estimates
of
the
expenditures
for
5
the
fiscal
year
for
the
utilities
division
and
the
consumer
6
advocate.
Not
more
than
ninety
days
following
the
close
of
the
7
fiscal
year,
the
utilities
division
shall
conform
the
amount
8
of
the
prior
fiscal
year’s
assessments
to
the
requirements
of
9
this
paragraph.
For
gas
and
electric
public
utilities
exempted
10
from
rate
regulation
pursuant
to
this
chapter
,
the
remainder
11
assessments
under
this
paragraph
shall
be
computed
at
one-half
12
the
rate
used
in
computing
the
assessment
for
other
persons.
13
DIVISION
II
14
PIPELINE
15
Sec.
3.
Section
479.31,
subsection
1,
Code
2021,
is
amended
16
to
read
as
follows:
17
1.
A
person
who
violates
this
chapter
or
any
rule
or
18
order
issued
pursuant
to
this
chapter
shall
be
subject
to
a
19
civil
penalty
levied
by
the
board
not
to
exceed
one
hundred
20
thousand
dollars
for
each
violation
in
accordance
with
49
21
C.F.R.
§190.223
.
Each
day
that
the
violation
continues
shall
22
constitute
a
separate
offense.
However,
the
maximum
civil
23
penalty
shall
not
exceed
one
million
dollars
for
any
related
24
series
of
violations.
Civil
penalties
collected
pursuant
to
25
this
section
shall
be
forwarded
by
the
chief
operating
officer
26
of
the
board
to
the
treasurer
of
state
to
be
credited
to
the
27
general
fund
of
the
state
and
appropriated
to
the
division
of
28
community
action
agencies
of
the
department
of
human
rights
for
29
purposes
of
the
low
income
home
energy
assistance
program
and
30
the
weatherization
assistance
program.
31
Sec.
4.
Section
479A.7,
Code
2021,
is
amended
to
read
as
32
follows:
33
479A.7
Annual
inspection
fee.
34
A
The
board
may,
in
accordance
with
section
476.10,
charge
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a
pipeline
company
shall
pay
with
an
annual
inspection
fee
of
1
fifty
cents
per
mile
of
pipeline
or
fraction
thereof
for
each
2
inch
of
diameter
of
the
pipeline
located
in
this
state
that
3
is
directly
attributable
to
the
costs
of
conducting
annual
4
inspections
pursuant
to
this
chapter
.
The
annual
inspection
5
fee
shall
be
paid
for
the
calendar
year
in
advance
between
6
January
1
and
February
1
of
each
year.
7
DIVISION
III
8
TELECOMMUNICATIONS
SERVICES
9
Sec.
5.
Section
34A.2,
subsections
8
and
14,
Code
2021,
are
10
amended
to
read
as
follows:
11
8.
“Competitive
local
exchange
service
provider”
means
the
12
same
as
defined
in
section
476.96
any
person,
including
a
13
municipal
utility,
that
provides
local
exchange
services,
other
14
than
a
local
exchange
carrier
or
a
non-rate-regulated
wireline
15
provider
of
local
exchange
services
.
16
14.
“Local
exchange
carrier”
means
the
same
as
defined
in
17
section
476.96
any
person
that
was
the
incumbent
and
historical
18
rate-regulated
wireline
provider
of
local
exchange
services
19
or
any
successor
to
such
person
that
provides
local
exchange
20
services
.
21
Sec.
6.
Section
423.3,
subsection
47A,
Code
2021,
is
amended
22
to
read
as
follows:
23
47A.
a.
The
sales
price
from
the
sale
or
rental
of
central
24
office
equipment
or
transmission
equipment
primarily
used
25
by
local
exchange
carriers
and
competitive
local
exchange
26
service
providers
as
defined
in
section
476.96
,
Code
2017
;
27
by
franchised
cable
television
operators,
mutual
companies,
28
municipal
utilities,
cooperatives,
and
companies
furnishing
29
communications
services
that
are
not
subject
to
rate
regulation
30
as
provided
in
chapter
476
;
by
long
distance
companies
as
31
defined
in
section
477.10
;
or
for
a
commercial
mobile
radio
32
service
as
defined
in
47
C.F.R.
§20.3
in
the
furnishing
of
33
telecommunications
services
on
a
commercial
basis.
34
b.
For
the
purposes
of
this
subsection
,
“central
:
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(1)
“Central
office
equipment”
means
equipment
utilized
1
in
the
initiating,
processing,
amplifying,
switching,
or
2
monitoring
of
telecommunications
services.
“Central
office
3
equipment”
also
includes
ancillary
equipment
and
apparatus
4
which
support,
regulate,
control,
repair,
test,
or
enable
such
5
equipment
to
accomplish
its
function.
6
(2)
“Competitive
local
exchange
service
provider”
means
7
any
person,
including
a
municipal
utility,
that
provides
8
local
exchange
services,
other
than
a
local
exchange
carrier
9
or
a
non-rate-regulated
wireline
provider
of
local
exchange
10
services.
11
(3)
“Local
exchange
carrier”
means
any
person
that
was
the
12
incumbent
and
historical
rate-regulated
wireline
provider
of
13
local
exchange
services
or
any
successor
to
such
person
that
14
provides
local
exchange
services.
15
(4)
“Transmission
equipment”
means
equipment
utilized
16
in
the
process
of
sending
information
from
one
location
to
17
another
location.
“Central
office
equipment”
and
“transmission
18
“Transmission
equipment”
also
include
includes
ancillary
19
equipment
and
apparatus
which
support,
regulate,
control,
20
repair,
test,
or
enable
such
equipment
to
accomplish
its
21
function.
22
Sec.
7.
Section
477C.7,
subsection
2,
Code
2021,
is
amended
23
to
read
as
follows:
24
2.
The
entities
subject
to
assessment
shall
remit
the
25
assessed
amounts
quarterly
,
as
determined
by
the
board,
to
a
26
special
fund,
as
defined
under
section
8.2,
subsection
9
.
The
27
moneys
in
the
fund
are
appropriated
solely
to
plan,
establish,
28
administer,
and
promote
the
relay
service
and
equipment
29
distribution
programs.
30
EXPLANATION
31
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
32
the
explanation’s
substance
by
the
members
of
the
general
assembly.
33
This
bill
relates
to
matters
under
the
purview
of
the
34
utilities
division
of
the
department
of
commerce.
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The
bill
provides
the
Iowa
utilities
board
with
authority
1
to
employ
or
appoint
an
independent
administrative
law
judge
2
to
preside
over
any
hearing
or
proceeding
before
the
board.
3
Certain
provisions
applicable
to
the
employment
or
appointment
4
of
administrative
law
judges
by
state
agencies
do
not
apply
to
5
appointments
by
the
board.
6
Current
law
requires
the
board
to
deduct
all
amounts
charged
7
directly
to
any
person
subject
to
the
jurisdiction
of
the
8
board
for
providing
utility
services
from
the
total
annual
9
expenses
of
the
board
and
the
consumer
advocate.
The
board
may
10
assess
the
remaining
amount
on
a
quarterly
basis
to
all
persons
11
providing
service
over
which
the
board
has
jurisdiction
in
12
proportion
to
their
respective
gross
operating
revenues.
The
13
bill
strikes
the
requirement
that
these
assessments
be
made
on
14
a
quarterly
basis
and
allows
the
board
to
make
the
assessments
15
to
some
or
all
persons
providing
service
over
which
the
board
16
has
jurisdiction.
17
Current
law
allows
the
board
to
impose
a
civil
penalty
of
up
18
to
$100,000
for
each
violation
of
Code
chapter
479,
relating
19
to
pipelines
and
underground
gas
storage,
or
any
rule
or
order
20
issued
pursuant
to
the
Code
chapter,
provided
that
the
maximum
21
penalty
does
not
exceed
$1
million
for
any
related
series
of
22
violations.
The
bill
removes
these
maximum
amounts
and
instead
23
provides
that
a
civil
penalty
levied
by
the
board
shall
be
in
24
accordance
with
specified
federal
law.
25
Current
law
requires
pipeline
companies
operating
pipelines
26
or
underground
gas
storage
under
Code
chapter
479A
to
pay
the
27
board
an
annual
inspection
fee
of
50
cents
for
each
mile
of
28
pipeline
located
in
Iowa.
The
bill
removes
this
set
fee
and
29
instead
allows
the
board
to
charge
pipeline
companies
with
30
annual
inspection
fees
that
are
directly
attributable
to
the
31
costs
of
conducting
inspections.
32
The
bill
removes
cross
references
in
Code
section
34A.2
33
to
repealed
Code
section
476.96,
which
included
definitions
34
for
“competitive
local
exchange
service
provider”
and
“local
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exchange
carrier”,
and
provides
new
definitions
for
such
terms.
1
“Competitive
local
exchange
service
provider”
is
defined
as
2
any
person,
including
a
municipal
utility,
that
provides
3
local
exchange
services,
other
than
a
local
exchange
carrier
4
or
a
non-rate-regulated
wireline
provider
of
local
exchange
5
services.
“Local
exchange
carrier”
is
defined
as
any
person
6
that
was
the
incumbent
and
historical
rate-regulated
wireline
7
provider
of
local
exchange
services
or
any
successor
to
such
8
person
that
provides
local
exchange
services.
9
The
bill
amends
Code
section
423.3,
subsection
47A,
to
10
modify
the
definitions
of
“central
office
equipment”
and
11
“transmission
equipment”.
The
bill
provides
“central
office
12
equipment”
includes
ancillary
equipment
and
apparatus
which
13
enable
central
office
equipment
to
accomplish
its
function.
14
Additionally,
the
bill
provides
“transmission
equipment”,
15
including
ancillary
equipment
and
apparatus
which
enable
16
transmission
equipment,
to
accomplish
its
function.
17
The
bill
defines
“competitive
local
exchange
service
18
provider”,
for
purposes
of
Code
section
423.3,
subsection
47A,
19
as
any
person,
including
a
municipal
utility,
that
provides
20
local
exchange
services,
other
than
a
local
exchange
carrier
21
or
a
non-rate-regulated
wireline
provider
of
local
exchange
22
services.
The
bill
defines
“local
exchange
carrier”,
for
23
purposes
of
Code
section
423.3,
subsection
47A,
as
any
person
24
that
was
the
incumbent
and
historical
rate-regulated
wireline
25
provider
of
local
exchange
services
or
any
successor
to
such
26
person
that
provides
local
exchange
services.
27
Current
law
requires
wireless
carriers
and
wireline
local
28
exchange
carriers
providing
telecommunications
service
in
the
29
state
to
remit
the
amounts
assessed
to
fund
the
dual
party
30
relay
service
to
a
special
fund
on
a
quarterly
basis.
The
bill
31
provides
that
these
remittances
will
be
made
as
determined
by
32
the
board.
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