Bill Text: IA HSB591 | 2017-2018 | 87th 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, providing fees, and making penalties applicable.
Spectrum: Committee Bill
Status: (N/A - Dead) 2018-02-12 - Subcommittee recommends passage. [HSB591 Detail]
Download: Iowa-2017-HSB591-Introduced.html
House
Study
Bill
591
-
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,
providing
fees,
and
2
making
penalties
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
474.1,
subsection
2,
Code
2018,
is
1
amended
to
read
as
follows:
2
2.
a.
The
utilities
board
shall
organize
by
appointing
3
an
executive
secretary,
who
shall
take
the
same
oath
as
the
4
members.
The
board
shall
set
the
salary
of
the
executive
5
secretary
within
the
limits
of
the
pay
plan
for
exempt
6
positions
provided
for
in
section
8A.413,
subsection
3
,
unless
7
otherwise
provided
by
the
general
assembly.
The
board
may
8
employ
additional
personnel
as
it
finds
necessary.
Subject
to
9
confirmation
by
the
senate,
the
governor
shall
appoint
a
member
10
as
the
chairperson
of
the
board.
The
chairperson
shall
be
the
11
administrator
of
the
utilities
division.
The
appointment
as
12
chairperson
shall
be
for
a
two-year
term
which
begins
and
ends
13
as
provided
in
section
69.19
.
14
b.
The
board
shall
appoint
a
chief
operating
officer
to
15
manage
the
operations
of
the
utilities
division
as
directed
16
by
the
board.
The
board
shall
set
the
salary
of
the
chief
17
operating
officer
within
the
limits
of
the
pay
plan
for
exempt
18
positions
provided
for
in
section
8A.413,
subsection
3,
unless
19
otherwise
provided
by
the
general
assembly.
The
board
may
20
employ
additional
personnel
as
it
finds
necessary.
21
Sec.
2.
Section
474.2,
Code
2018,
is
amended
to
read
as
22
follows:
23
474.2
Certain
persons
barred
from
office.
24
No
person
in
the
employ
of
any
common
carrier
or
other
public
25
utility,
or
owning
any
bonds,
stock
or
property
in
any
railroad
26
company
or
other
public
utility
shall
be
eligible
to
the
office
27
of
utilities
board
member
or
secretary
chief
operating
officer
28
of
the
utilities
board;
and
the
entering
into
the
employ
of
any
29
common
carrier
or
other
public
utility
or
the
acquiring
of
any
30
stock
or
other
interest
in
any
common
carrier
or
other
public
31
utility
by
such
member
or
secretary
chief
operating
officer
32
after
appointment
shall
disqualify
the
member
or
secretary
33
chief
operating
officer
to
hold
the
office
or
perform
the
34
duties
thereof.
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Sec.
3.
Section
474.8,
Code
2018,
is
amended
to
read
as
1
follows:
2
474.8
Office
——
time
employed
——
expenses.
3
The
utilities
board
shall
have
an
office
at
the
seat
4
of
government
and
each
member
shall
devote
the
member’s
5
whole
time
to
the
duties
of
the
office,
and
the
members
and
6
secretary
,
chief
operating
officer,
and
other
employees
shall
7
receive
their
actual
necessary
traveling
expenses
while
in
8
the
discharge
of
their
official
duties
away
from
the
general
9
offices.
10
Sec.
4.
Section
476.1B,
subsection
3,
Code
2018,
is
amended
11
to
read
as
follows:
12
3.
Unless
otherwise
specifically
provided
by
statute,
a
13
municipally
owned
utility
providing
local
exchange
services
14
is
not
subject
to
regulation
by
the
board
under
this
chapter
15
except
for
regulatory
action
pertaining
to
the
enforcement
of
16
sections
476.11
,
476.29
,
476.95
,
476.95A,
476.96
,
476.100
,
17
476.101
,
and
476.102
.
18
Sec.
5.
Section
476.1D,
subsection
10,
paragraph
b,
Code
19
2018,
is
amended
to
read
as
follows:
20
b.
The
board
shall
promptly
notify
the
director
of
revenue
21
that
a
long
distance
telephone
company
has
been
classified
22
as
a
competitive
long
distance
telephone
company.
Upon
such
23
notification
by
the
board,
the
director
of
revenue
shall
assess
24
the
property
of
such
competitive
long
distance
telephone
25
company,
which
property
is
first
assessed
for
taxation
in
this
26
state
on
or
after
January
1,
1996,
in
the
same
manner
as
all
27
other
property
assessed
as
commercial
property
by
the
local
28
assessor
under
chapters
427
,
427A
,
427B
,
428
,
and
441
.
As
used
29
in
this
section
,
“long
distance
telephone
company”
means
an
30
entity
that
provides
telephone
service
and
facilities
between
31
local
exchanges,
but
does
not
include
a
cellular
service
32
provider
or
a
local
exchange
utility
holding
a
certificate
33
issued
under
section
476.29,
subsection
12
.
34
Sec.
6.
Section
476.2,
subsection
6,
Code
2018,
is
amended
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by
striking
the
subsection.
1
Sec.
7.
Section
476.6,
subsection
21,
Code
2018,
is
amended
2
by
striking
the
subsection.
3
Sec.
8.
Section
476.10,
subsection
1,
paragraph
a,
Code
4
2018,
is
amended
to
read
as
follows:
5
a.
In
order
to
carry
out
the
duties
imposed
upon
it
by
law,
6
the
board
may,
at
its
discretion,
allocate
and
charge
directly
7
the
expenses
attributable
to
its
duties
to
the
person
bringing
8
a
proceeding
before
the
board
,
or
to
persons
participating
in
9
matters
before
the
board
,
or
to
persons
subject
to
inspection
10
by
the
board
.
The
board
shall
ascertain
the
certified
expenses
11
incurred
and
directly
chargeable
by
the
consumer
advocate
12
division
of
the
department
of
justice
in
the
performance
of
13
its
duties.
The
board
and
the
consumer
advocate
separately
14
may
decide
not
to
charge
expenses
to
persons
who,
without
15
expanding
the
scope
of
the
proceeding
or
matter,
intervene
in
16
good
faith
in
a
board
proceeding
initiated
by
a
person
subject
17
to
the
board’s
jurisdiction,
the
consumer
advocate,
or
the
18
board
on
its
own
motion.
For
assessments
in
any
proceedings
or
19
matters
before
the
board,
the
board
and
the
consumer
advocate
20
separately
may
consider
the
financial
resources
of
the
person,
21
the
impact
of
assessment
on
participation
by
intervenors,
the
22
nature
of
the
proceeding
or
matter,
and
the
contribution
of
23
a
person’s
participation
to
the
public
interest.
The
board
24
may
present
a
bill
for
expenses
under
this
subsection
to
the
25
person,
either
at
the
conclusion
of
a
proceeding
or
matter,
26
or
from
time
to
time
during
its
progress.
Presentation
of
a
27
bill
for
expenses
under
this
subsection
constitutes
notice
of
28
direct
assessment
and
request
for
payment
in
accordance
with
29
this
section
.
30
Sec.
9.
Section
476.11,
unnumbered
paragraph
2,
Code
2018,
31
is
amended
to
read
as
follows:
32
The
board
may
resolve
complaints,
upon
notice
and
33
hearing,
that
a
utility,
operating
under
section
476.29
,
34
telecommunications
provider
has
failed
to
provide
just,
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reasonable,
and
nondiscriminatory
arrangements
for
1
interconnection
of
its
telecommunications
services
with
another
2
telecommunications
provider.
3
Sec.
10.
Section
476.51,
subsection
5,
Code
2018,
is
amended
4
to
read
as
follows:
5
5.
Civil
penalties
collected
pursuant
to
this
section
from
6
utilities
providing
water,
electric,
or
gas
service
shall
be
7
forwarded
by
the
executive
secretary
chief
operating
officer
8
of
the
board
to
the
treasurer
of
state
to
be
credited
to
the
9
general
fund
of
the
state
and
to
be
used
only
for
the
low
10
income
home
energy
assistance
program
and
the
weatherization
11
assistance
program
administered
by
the
division
of
community
12
action
agencies
of
the
department
of
human
rights.
Civil
13
penalties
collected
pursuant
to
this
section
from
utilities
14
providing
telecommunications
service
shall
be
forwarded
to
15
the
treasurer
of
state
to
be
credited
to
the
department
of
16
commerce
revolving
fund
created
in
section
546.12
to
be
used
17
only
for
consumer
education
programs
administered
by
the
board.
18
Penalties
paid
by
a
rate-regulated
public
utility
pursuant
to
19
this
section
shall
be
excluded
from
the
utility’s
costs
when
20
determining
the
utility’s
revenue
requirement,
and
shall
not
be
21
included
either
directly
or
indirectly
in
the
utility’s
rates
22
or
charges
to
customers.
23
Sec.
11.
Section
476.53,
subsection
3,
paragraph
c,
24
subparagraph
(2),
Code
2018,
is
amended
to
read
as
follows:
25
(2)
The
rate-regulated
public
utility
has
demonstrated
to
26
the
board
that
the
public
utility
has
considered
other
sources
27
for
long-term
electric
supply
and
that
the
facility
or
lease
is
28
reasonable
when
compared
to
other
feasible
alternative
sources
29
of
supply.
The
rate-regulated
public
utility
may
satisfy
the
30
requirements
of
this
subparagraph
through
a
competitive
bidding
31
process,
under
rules
adopted
by
the
board,
that
demonstrate
32
the
facility
or
lease
is
a
reasonable
alternative
to
meet
its
33
electric
supply
needs.
34
Sec.
12.
Section
476.72,
subsection
4,
Code
2018,
is
amended
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to
read
as
follows:
1
4.
“Public
utility”
means
a
gas
or
electric
rate-regulated
2
public
utility
providing
electric,
gas,
water,
sanitary
sewage,
3
or
storm
water
drainage
service,
or
any
combination
thereof
.
4
Sec.
13.
NEW
SECTION
.
476.95A
Annual
registration
for
5
telecommunications
service
providers.
6
1.
A
telecommunications
service
provider
offering
7
communications
service
telephone
numbers
to
retail
customers
in
8
this
state
shall
register
annually
with
the
board.
9
2.
An
applicant
shall
complete
an
application
for
10
registration
on
a
form
provided
by
the
board.
The
form
shall
11
include
contact
information,
the
approximate
number
of
service
12
lines
provided
in
the
state,
and
any
other
information
deemed
13
necessary
by
the
board.
14
3.
The
board
may
charge
an
annual
registration
fee
at
15
the
time
the
application
for
registration
form
is
filed
with
16
the
board,
and
on
or
before
the
anniversary
date
of
the
17
effective
date
of
registration
for
each
subsequent
year.
18
The
registration
fee
shall
be
established
at
a
rate
deemed
19
reasonably
necessary
by
the
board
to
support
the
administration
20
of
this
section.
If
an
applicant
or
a
registrant
fails
21
to
pay
an
annual
registration
fee,
the
application
for
22
registration
or
registration
lapses
and
becomes
ineffective.
23
Notwithstanding
this
subsection,
the
board
may
continue
to
24
assess
telecommunications
services
providers
for
costs
and
25
expenses
pursuant
to
section
476.10.
26
4.
Within
five
business
days
of
the
receipt
of
a
completed
27
application
for
registration,
the
board
shall
issue
a
28
nonexclusive
acknowledgment
of
compliance
with
this
section.
29
The
acknowledgment
shall
authorize
the
registrant
to
obtain
30
telephone
numbers,
interconnect
with
other
telecommunications
31
services
providers,
cross
railroad
rights-of-way
pursuant
to
32
section
476.27,
and
provide
telecommunications
services
in
this
33
state.
An
acknowledgment
may
be
transferred
by
filing
a
new
34
or
updated
registration
form.
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5.
A
registrant
shall
submit
to
the
board
corrections
1
to
the
information
supplied
in
the
registration
form
2
within
a
reasonable
time
after
a
change
in
circumstances,
3
which
circumstances
would
be
required
to
be
reported
in
an
4
application
for
registration
form.
5
6.
Failure
to
file
and
maintain
an
annual
registration
6
pursuant
to
this
section
is
a
violation
of
this
chapter
and
7
shall
subject
a
telecommunications
services
provider
to
a
civil
8
penalty
pursuant
to
section
476.51.
9
Sec.
14.
Section
476.101,
subsections
1,
4,
and
7,
Code
10
2018,
are
amended
to
read
as
follows:
11
1.
A
certificate
of
public
convenience
and
necessity
to
12
provide
local
telephone
service
shall
not
be
interpreted
as
13
conveying
a
monopoly,
exclusive
privilege,
or
franchise.
A
14
competitive
local
exchange
service
provider
shall
not
be
15
subject
to
the
requirements
of
this
chapter
,
except
that
a
16
competitive
local
exchange
service
provider
shall
obtain
a
17
certificate
of
public
convenience
and
necessity
pursuant
to
18
section
476.29
register
annually
with
the
board
pursuant
to
19
section
476.95A
,
notify
affected
customers
prior
to
any
rate
20
increase,
file
reports,
information,
and
pay
assessments
21
pursuant
to
section
476.2,
subsection
4
,
and
sections
476.9
,
22
476.10
,
476.16
,
476.102
,
and
477C.7
,
and
shall
be
subject
to
23
the
board’s
authority
with
respect
to
adequacy
of
service,
24
interconnection,
discontinuation
of
service,
civil
penalties,
25
and
complaints.
If,
after
notice
and
opportunity
for
hearing,
26
the
board
determines
that
a
competitive
local
exchange
service
27
provider
possesses
market
power
in
its
local
exchange
market
28
or
markets,
the
board
may
apply
such
other
provisions
of
this
29
chapter
to
a
competitive
local
exchange
service
provider
as
it
30
deems
appropriate.
31
4.
Except
as
provided
under
section
476.29,
subsection
2
,
32
and
in
this
section
,
the
board
shall
not
impose
or
allow
a
33
local
exchange
carrier
to
impose
restrictions
on
the
resale
34
of
local
exchange
services,
functions,
or
capabilities.
The
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board
may
prohibit
residential
service
from
being
resold
as
a
1
different
class
of
service.
2
7.
In
a
proceeding
associated
with
the
granting
of
3
a
certificate
under
section
476.29
,
approving
maps
for
4
competitive
local
exchange
providers
provided
for
in
this
5
section
,
or
in
resolving
a
complaint
filed
pursuant
to
6
subsection
5
and
proceedings
under
47
U.S.C.
§251
–
254,
7
the
board
shall
allocate
the
costs
and
expenses
of
the
8
proceedings
to
persons
identified
as
parties
in
the
proceeding
9
who
are
engaged
in
or
who
seek
to
engage
in
providing
10
telecommunications
services
or
other
persons
identified
as
11
participants
in
the
proceeding.
The
funds
received
for
the
12
costs
and
the
expenses
shall
be
remitted
to
the
treasurer
of
13
state
for
deposit
in
the
department
of
commerce
revolving
fund
14
created
in
section
546.12
as
provided
in
section
476.10
.
15
Sec.
15.
Section
476.103,
subsection
4,
paragraph
c,
Code
16
2018,
is
amended
to
read
as
follows:
17
c.
A
civil
penalty
collected
pursuant
to
this
subsection
18
shall
be
forwarded
by
the
executive
secretary
chief
operating
19
officer
of
the
board
to
the
treasurer
of
state
to
be
credited
20
to
the
department
of
commerce
revolving
fund
created
in
section
21
546.12
and
to
be
used
only
for
consumer
education
programs
22
administered
by
the
board.
23
Sec.
16.
Section
477A.3,
subsection
1,
paragraph
f,
Code
24
2018,
is
amended
to
read
as
follows:
25
f.
Documentation
that
the
applicant
possesses
sufficient
26
managerial,
technical,
and
financial
capability
to
provide
27
the
cable
service
or
video
service
proposed
in
the
service
28
area.
An
applicant
or
its
subsidiary
which
has
been
issued
29
a
certificate
of
public
convenience
and
necessity
to
provide
30
telephone
service
pursuant
to
section
476.29
shall
be
exempt
31
from
the
provisions
of
this
paragraph.
32
Sec.
17.
Section
477C.7,
Code
2018,
is
amended
to
read
as
33
follows:
34
477C.7
Funding.
35
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1.
The
board
shall
impose
an
annual
assessment
to
fund
the
1
programs
described
in
this
chapter
upon
all
telecommunications
2
carriers
providing
service
in
the
state
,
including
but
not
3
limited
to
wireless,
wireline,
and
alternative
operator
4
service
providers,
at
a
rate
of
three
cents
per
month
for
each
5
communications
service
telephone
number
provided
in
this
state
.
6
2.
The
total
assessment
shall
be
allocated
as
follows:
7
a.
Wireless
communications
service
providers
shall
be
8
assessed
three
cents
per
month
for
each
wireless
communications
9
service
number
provided
in
this
state.
10
b.
(1)
The
remainder
of
the
assessment
shall
be
allocated
11
one-half
to
local
exchange
telephone
utilities
and
one-half
to
12
the
following:
13
(a)
Interexchange
carriers.
14
(b)
Centralized
equal
access
providers.
15
(c)
Alternative
operator
services
companies.
16
(2)
The
assessment
shall
be
allocated
proportionally
based
17
upon
revenues
from
all
intrastate
regulated,
deregulated,
and
18
exempt
telephone
services
under
sections
476.1
and
476.1D
.
19
3.
2.
The
telecommunications
carriers
shall
remit
the
20
assessed
amounts
quarterly
to
a
special
fund,
as
defined
21
under
section
8.2,
subsection
9
.
The
moneys
in
the
fund
are
22
appropriated
solely
to
plan,
establish,
administer,
and
promote
23
the
relay
service
and
equipment
distribution
programs.
24
4.
3.
The
telecommunications
carriers
subject
to
25
assessment
shall
provide
the
information
requested
by
the
board
26
necessary
for
implementation
of
the
assessment.
27
5.
The
local
exchange
telephone
utilities
shall
not
recover
28
from
intrastate
access
charges
any
portion
of
such
utilities
29
assessment
imposed
under
this
section
.
30
Sec.
18.
Section
478.29,
subsection
1,
Code
2018,
is
amended
31
to
read
as
follows:
32
1.
A
person
who
violates
a
provision
of
this
chapter
is
33
subject
to
a
civil
penalty,
which
may
be
levied
by
the
board,
34
of
not
more
than
one
hundred
dollars
per
violation
or
one
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H.F.
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thousand
dollars
per
day
of
a
continuing
violation,
whichever
1
is
greater.
Civil
penalties
collected
pursuant
to
this
2
section
shall
be
forwarded
by
the
executive
secretary
chief
3
operating
officer
of
the
board
to
the
treasurer
of
state
to
be
4
credited
to
the
general
fund
of
the
state
and
appropriated
to
5
the
division
of
community
action
agencies
of
the
department
6
of
human
rights
for
purposes
of
the
low
income
home
energy
7
assistance
program
and
the
weatherization
assistance
program.
8
Sec.
19.
Section
479.14,
Code
2018,
is
amended
to
read
as
9
follows:
10
479.14
Inspection
fee.
11
A
pipeline
company
shall
pay
an
annual
inspection
fee
of
12
fifty
cents
per
mile
of
pipeline
or
fraction
thereof
for
13
each
inch
of
diameter
of
the
pipeline
located
in
the
state,
14
the
inspection
fee
to
be
paid
to
the
board
for
the
calendar
15
year
in
advance
between
January
1
and
February
1
of
each
year
16
The
board
may,
in
accordance
with
section
476.10,
charge
a
17
pipeline
company
with
an
annual
inspection
fee
that
is
directly
18
attributable
to
the
costs
of
conducting
annual
inspections
19
pursuant
to
this
chapter
.
20
Sec.
20.
Section
479.31,
subsection
1,
Code
2018,
is
amended
21
to
read
as
follows:
22
1.
A
person
who
violates
this
chapter
or
any
rule
or
order
23
issued
pursuant
to
this
chapter
shall
be
subject
to
a
civil
24
penalty
levied
by
the
board
not
to
exceed
one
hundred
thousand
25
dollars
for
each
violation.
Each
day
that
the
violation
26
continues
shall
constitute
a
separate
offense.
However,
the
27
maximum
civil
penalty
shall
not
exceed
one
million
dollars
for
28
any
related
series
of
violations.
Civil
penalties
collected
29
pursuant
to
this
section
shall
be
forwarded
by
the
executive
30
secretary
chief
operating
officer
of
the
board
to
the
treasurer
31
of
state
to
be
credited
to
the
general
fund
of
the
state
and
32
appropriated
to
the
division
of
community
action
agencies
33
of
the
department
of
human
rights
for
purposes
of
the
low
34
income
home
energy
assistance
program
and
the
weatherization
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assistance
program.
1
Sec.
21.
Section
479.46,
subsection
6,
Code
2018,
is
amended
2
to
read
as
follows:
3
6.
The
pipeline
company
shall
pay
all
costs
of
the
4
assessment
made
by
the
commissioners
and
reasonable
attorney
5
fees
and
costs
incurred
by
the
landowner
as
determined
by
the
6
commissioners
if
the
award
of
the
commissioners
exceeds
one
7
hundred
ten
percent
of
the
final
offer
of
the
pipeline
company
8
prior
to
the
determination
of
damages
;
if
the
award
does
not
9
exceed
one
hundred
ten
percent,
the
landowners
shall
pay
the
10
fees
and
costs
incurred
by
the
pipeline
company
.
The
pipeline
11
company
shall
file
with
the
sheriff
an
affidavit
setting
forth
12
the
most
recent
offer
made
to
the
landowner.
Commissioners
13
shall
receive
a
per
diem
of
fifty
dollars
and
actual
and
14
necessary
expenses
incurred
in
the
performance
of
their
15
official
duties.
The
pipeline
company
shall
also
pay
all
costs
16
occasioned
by
the
appeal,
including
reasonable
attorney
fees
17
to
be
taxed
by
the
court,
unless
on
the
trial
of
the
appeal
the
18
same
or
a
lesser
amount
of
damages
is
awarded
than
was
allowed
19
by
the
commission
from
which
the
appeal
was
taken.
20
Sec.
22.
Section
479B.4,
unnumbered
paragraph
5,
Code
2018,
21
is
amended
to
read
as
follows:
22
The
notice
shall
set
forth
the
following:
the
name
of
the
23
applicant,
the
applicant’s
principal
place
of
business,
the
24
general
description
and
purpose
of
the
proposed
project,
the
25
general
nature
of
the
right-of-way
desired,
a
map
showing
the
26
route
or
location
of
the
proposed
project,
that
the
landowner
27
has
a
right
to
be
present
at
the
meeting
and
to
file
objections
28
with
the
board,
and
a
designation
of
the
time
and
place
of
the
29
meeting.
The
notice
shall
be
sent
by
restricted
certified
30
mail
and
shall
be
published
once
in
a
newspaper
of
general
31
circulation
in
the
county
not
less
than
thirty
days
before
32
the
date
set
for
the
meeting
served
by
certified
mail
with
33
return
receipt
requested
not
less
than
thirty
days
previous
34
to
the
time
set
for
the
meeting,
and
shall
be
published
once
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in
a
newspaper
of
general
circulation
in
the
county
.
The
1
publication
shall
be
considered
notice
to
landowners
whose
2
residence
is
not
known
and
to
each
person
in
possession
of
or
3
residing
on
the
property
provided
a
good
faith
effort
to
notify
4
can
be
demonstrated
by
the
pipeline
company.
5
Sec.
23.
Section
479B.21,
subsection
1,
Code
2018,
is
6
amended
to
read
as
follows:
7
1.
A
person
who
violates
this
chapter
or
any
rule
or
8
order
issued
pursuant
to
this
chapter
shall
be
subject
to
a
9
civil
penalty
levied
by
the
board
in
an
amount
not
to
exceed
10
one
thousand
dollars
for
each
violation.
Each
day
that
the
11
violation
continues
shall
constitute
a
separate
offense.
12
However,
the
maximum
civil
penalty
shall
not
exceed
two
hundred
13
thousand
dollars
for
any
related
series
of
violations.
Civil
14
penalties
collected
pursuant
to
this
section
shall
be
forwarded
15
by
the
executive
secretary
chief
operating
officer
of
the
board
16
to
the
treasurer
of
state
to
be
credited
to
the
general
fund
17
of
the
state
and
appropriated
to
the
division
of
community
18
action
agencies
of
the
department
of
human
rights
for
purposes
19
of
the
low
income
home
energy
assistance
program
and
the
20
weatherization
assistance
program.
21
Sec.
24.
Section
479B.30,
subsection
6,
Code
2018,
is
22
amended
to
read
as
follows:
23
6.
The
pipeline
company
shall
pay
all
costs
of
the
24
assessment
made
by
the
commissioners
and
reasonable
attorney
25
fees
and
costs
incurred
by
the
landowner
as
determined
by
the
26
commissioners
if
the
award
of
the
commissioners
exceeds
one
27
hundred
ten
percent
of
the
final
offer
of
the
pipeline
company
28
prior
to
the
determination
of
damages
;
if
the
award
does
not
29
exceed
one
hundred
ten
percent,
the
landowners
shall
pay
the
30
fees
and
costs
incurred
by
the
pipeline
company
.
The
pipeline
31
company
shall
file
with
the
sheriff
an
affidavit
setting
forth
32
the
most
recent
offer
made
to
the
landowner.
Commissioners
33
shall
receive
a
per
diem
of
fifty
dollars
and
actual
and
34
necessary
expenses
incurred
in
the
performance
of
their
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official
duties.
The
pipeline
company
shall
also
pay
all
costs
1
occasioned
by
the
appeal,
including
reasonable
attorney
fees
2
to
be
taxed
by
the
court,
unless
on
the
trial
of
the
appeal
the
3
same
or
a
lesser
amount
of
damages
is
awarded
than
was
allowed
4
by
the
commission
from
which
the
appeal
was
taken.
5
Sec.
25.
Section
714H.4,
subsection
1,
paragraph
d,
Code
6
2018,
is
amended
to
read
as
follows:
7
d.
The
provision
of
local
exchange
carrier
telephone
service
8
pursuant
to
a
certificate
issued
under
section
476.29
.
9
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
This
bill
modifies
various
provisions
relating
to
the
13
utilities
division
of
the
department
of
commerce.
14
Current
law
requires
the
Iowa
utilities
board
to
appoint
an
15
executive
secretary,
whose
salary
is
set
by
the
board
and
who
16
takes
the
same
oath
as
board
members.
The
bill
requires
the
17
board
to
appoint
a
chief
operating
officer
(COO)
instead
of
18
an
executive
secretary.
The
bill
specifies
that
the
role
of
19
the
COO
is
to
manage
the
operations
of
the
utilities
division
20
as
directed
by
the
board.
The
bill
provides
that
the
board
21
shall
set
the
salary
of
the
COO
within
the
limits
of
the
22
law
and
authorizes
the
board
to
employ
additional
personnel
23
as
necessary.
The
bill
replaces
references
to
“executive
24
secretary”
with
“COO”
in
the
Code.
25
Current
law
disqualifies
a
person
owning
any
bonds,
stock,
26
or
property
in
any
railroad
company
from
holding
office
in
the
27
utilities
board.
The
bill
removes
this
disqualification.
28
The
bill
removes
or
replaces
references
in
the
Code
to
29
repealed
Code
section
476.29,
which
required
telecommunications
30
service
providers
to
obtain
certification
from
the
board.
31
The
bill
removes
the
requirement
for
the
board
to
provide
32
the
general
assembly
with
a
report
on
certain
energy
efficiency
33
planning
efforts
to
be
completed
by
January
1,
1998.
34
The
bill
strikes
Code
section
476.6(21),
which
provides
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cost
recovery
for
certain
rate-regulated
public
utilities
for
1
undertaking
analyses
of
and
preparations
for
the
possible
2
construction
of
nuclear
generating
facilities
in
the
state.
3
Current
law
allows
the
board
to
allocate
and
charge
expenses
4
attributable
to
its
duties
to
a
person
bringing
a
proceeding
5
before
the
board
or
participating
in
matters
before
the
board.
6
The
bill
allows
the
board
to
also
allocate
and
charge
expenses
7
attributable
to
its
duties
to
a
person
subject
to
inspection
8
by
the
board.
9
Current
law
requires
the
board
to
specify
certain
ratemaking
10
principles
that
will
apply
to
certain
electric
generating
and
11
transmission
facilities.
In
doing
so
the
board
must
find
12
that
a
public
utility
has
demonstrated
to
the
board,
through
13
a
competitive
bidding
process
under
rules
adopted
by
the
14
board,
that
its
facility
or
lease
is
reasonable.
The
bill
15
removes
the
requirement
that
a
public
utility
demonstrate
the
16
reasonableness
of
its
facility
or
lease
through
a
competitive
17
bidding
process
under
rules
adopted
by
the
board.
18
The
bill
expands
the
definition
of
“public
utility”
in
Code
19
section
476.72,
which
is
applicable
to
certain
provisions
20
relating
to
public
utility
affiliates
and
reorganization,
to
21
also
include
rate-regulated
public
utilities
providing
water,
22
sanitary
sewage,
or
storm
water
drainage
services.
23
The
bill
requires
telecommunications
services
providers
24
offering
communications
service
telephone
numbers
to
retail
25
customers
in
the
state
to
register
annually
with
the
board.
26
An
applicant
must
complete
an
application
for
registration
27
on
a
form
provided
by
the
board,
which
shall
include
contact
28
information,
the
approximate
number
of
service
lines
provided
29
in
the
state,
and
any
other
information
deemed
necessary
30
by
the
board.
The
board
may
charge
an
annual
registration
31
fee
at
a
rate
deemed
reasonably
necessary
by
the
board.
32
If
a
person
fails
to
pay
an
annual
registration
fee,
the
33
application
or
registration
lapses
and
becomes
ineffective.
34
Notwithstanding
the
annual
registration
requirements,
the
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board
may
continue
to
assess
telecommunications
services
1
providers
pursuant
to
Code
section
476.10.
The
board
must
2
issue
a
nonexclusive
acknowledgment
of
compliance
within
3
five
business
days
of
the
receipt
of
a
completed
application
4
of
registration.
Such
acknowledgment
shall
authorize
the
5
registrant
to
obtain
telephone
numbers,
interconnect
with
other
6
telecommunications
providers,
cross
railroad
rights-of-way,
7
and
provide
telecommunications
services
in
the
state.
An
8
acknowledgment
is
transferrable
by
filing
a
new
or
updated
9
registration
board.
A
registrant
shall
submit
corrections
to
10
the
registration
form
within
a
reasonable
time
after
a
change
11
in
circumstances
if
such
information
would
be
required
to
be
12
reported
in
an
application.
Failure
to
file
and
maintain
an
13
annual
registration
subjects
a
telecommunications
services
14
provider
to
a
civil
penalty
under
Code
section
476.51.
15
Current
law
requires
the
board
to
impose
an
annual
16
assessment
upon
all
telecommunications
carriers
in
the
state
17
to
fund
dual
party
relay
service
programs,
with
the
assessment
18
rate
depending
on
the
type
of
telecommunications
carrier.
The
19
bill
applies
the
same
assessment
rate
to
all
telecommunications
20
carriers
providing
service
in
the
state,
including
but
not
21
limited
to
wireless,
wireline,
and
alternative
operator
service
22
providers,
at
a
rate
of
three
cents
for
each
communications
23
service
telephone
number
provided
in
the
state.
24
Current
law
requires
pipeline
companies
doing
business
in
25
the
state
to
pay
the
board
an
annual
inspection
fee
of
50
26
cents
for
each
mile
of
pipeline
located
in
the
state.
The
27
bill
removes
this
set
fee
and
instead
allows
the
board
to
28
charge
pipeline
companies
with
annual
inspection
fees
that
are
29
directly
attributable
to
the
costs
of
conducting
inspections.
30
Current
law
allows
a
landowner
to
petition
the
county
31
board
of
supervisors
to
appoint
a
compensation
commission
to
32
determine
damages
arising
from
the
construction
of
certain
33
pipelines
if
the
landowner
and
pipeline
company
are
unable
to
34
agree
on
damages.
If
the
compensation
commission’s
assessment
35
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87
gh/rn
14/
15
S.F.
_____
H.F.
_____
of
damages
exceeds
110
percent
of
the
pipeline
company’s
final
1
offer
prior
to
the
assessment,
the
pipeline
company
must
pay
2
all
costs
of
the
assessment,
including
costs
incurred
by
the
3
landowner;
if
the
assessment
does
not
exceed
110
percent
of
4
the
pipeline
company’s
final
offer
prior
to
the
assessment,
5
the
landowner
must
pay
the
costs
incurred
by
the
pipeline
6
company.
The
bill
removes
provisions
requiring
a
landowner
to
7
pay
the
costs
incurred
by
a
pipeline
company
if
a
compensation
8
commission’s
assessment
of
damages
does
not
exceed
110
percent
9
of
the
pipeline
company’s
final
offer
prior
to
such
assessment.
10
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5328XD
(7)
87
gh/rn
15/
15
