Bill Text: IA SSB1045 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to public utilities and other infrastructure, including the confidentiality of certain information relating to such infrastructure, the authority of utilities to make temporary rate changes, and presiding officers at public information meetings held for electric transmission line franchise petitions.
Spectrum: Committee Bill
Status: (N/A - Dead) 2017-02-22 - Subcommittee recommends amendment and passage. [SSB1045 Detail]
Download: Iowa-2017-SSB1045-Introduced.html
Senate
Study
Bill
1045
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
COMMERCE/UTILITIES
DIVISION
BILL)
A
BILL
FOR
An
Act
relating
to
public
utilities
and
other
infrastructure,
1
including
the
confidentiality
of
certain
information
2
relating
to
such
infrastructure,
the
authority
of
utilities
3
to
make
temporary
rate
changes,
and
presiding
officers
at
4
public
information
meetings
held
for
electric
transmission
5
line
franchise
petitions.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
7
TLSB
1370XD
(3)
87
gh/rn/nh
S.F.
_____
H.F.
_____
Section
1.
Section
22.7,
subsection
45,
Code
2017,
is
1
amended
to
read
as
follows:
2
45.
The
critical
asset
protection
plan
or
any
part
of
the
3
plan
prepared
pursuant
to
section
29C.8
and
any
information
4
held
by
the
department
of
homeland
security
and
emergency
5
management
that
was
supplied
to
the
department
by
a
public
or
6
private
agency
or
organization
and
used
in
the
development
7
of
the
critical
asset
protection
plan
to
include,
but
not
be
8
limited
to,
surveys,
lists,
maps,
or
photographs.
However,
9
the
director
shall
make
the
list
of
assets
available
for
10
examination
by
any
person.
A
person
wishing
to
examine
the
11
list
of
assets
shall
make
a
written
request
to
the
director
12
on
a
form
approved
by
the
director.
The
list
of
assets
may
13
be
viewed
at
the
department’s
offices
during
normal
working
14
hours.
The
list
of
assets
shall
not
be
copied
in
any
manner.
15
Communications
and
asset
information
not
required
by
law,
rule,
16
or
procedure
that
are
provided
to
the
director
by
persons
17
outside
of
government
and
for
which
the
director
has
signed
a
18
nondisclosure
agreement
are
exempt
from
public
disclosures.
19
The
department
of
homeland
security
and
emergency
management
20
may
provide
all
or
part
of
the
critical
asset
plan
to
federal,
21
state,
or
local
governmental
agencies
which
have
emergency
22
planning
or
response
functions
if
the
director
is
satisfied
23
that
the
need
to
know
and
intended
use
are
reasonable.
An
24
agency
receiving
critical
asset
protection
plan
information
25
from
the
department
shall
not
redisseminate
the
information
26
without
prior
approval
of
the
director.
27
Sec.
2.
Section
22.7,
Code
2017,
is
amended
by
adding
the
28
following
new
subsection:
29
NEW
SUBSECTION
.
70.
Infrastructure
information
and
30
records,
including
cyber
security
information,
the
disclosure
31
of
which
may
expose
or
create
vulnerability
to
critical
32
infrastructure
systems,
held
by
the
utilities
board
of
33
the
department
of
commerce
or
the
department
of
homeland
34
security
and
emergency
management
for
purposes
relating
to
the
35
-1-
LSB
1370XD
(3)
87
gh/rn/nh
1/
4
S.F.
_____
H.F.
_____
safeguarding
of
telecommunications,
electric,
water,
sanitary
1
sewage,
storm
water
drainage,
energy,
hazardous
liquid,
natural
2
gas,
or
other
critical
infrastructure
systems.
For
purposes
of
3
this
subsection,
“cyber
security
information”
includes
but
is
4
not
limited
to
information
relating
to
cyber
security
defenses,
5
threats,
attacks,
or
general
attempts
to
attack
cyber
system
6
operations.
7
Sec.
3.
Section
476.6,
subsection
9,
paragraph
a,
Code
2017,
8
is
amended
by
striking
the
paragraph.
9
Sec.
4.
Section
476.6,
subsection
9,
paragraph
b,
Code
2017,
10
is
amended
to
read
as
follows:
11
b.
A
public
utility
may
choose
to
place
in
effect
temporary
12
rates,
charges,
schedules,
or
regulations
without
board
review
13
on
or
after
ten
days
after
following
the
filing
date
under
this
14
section
.
If
the
utility
chooses
to
place
such
rates,
charges,
15
schedules,
or
regulations
in
effect
without
board
review
,
the
16
utility
shall
file
with
the
board
a
bond
or
other
corporate
17
undertaking
approved
by
the
board
conditioned
upon
the
refund
18
in
a
manner
prescribed
by
the
board
of
amounts
collected
in
19
excess
of
the
amounts
which
would
have
been
collected
under
20
rates,
charges,
schedules,
or
regulations
finally
approved
21
by
the
board.
At
the
conclusion
of
the
proceeding
if
the
22
board
determines
that
the
temporary
rates,
charges,
schedules,
23
or
regulations
placed
in
effect
under
this
paragraph
were
24
not
based
on
previously
established
regulatory
principles,
25
the
board
shall
consider
ordering
refunds
based
upon
the
26
overpayments
made
by
each
individual
customer
class,
rate
zone,
27
or
customer
group.
If
the
board
has
not
rendered
a
final
28
decision
with
respect
to
suspended
rates,
charges,
schedules,
29
or
regulations
upon
the
expiration
of
ten
months
after
the
30
filing
date,
plus
the
length
of
any
delay
that
necessarily
31
results
either
from
the
failure
of
the
public
utility
to
32
exercise
due
diligence
in
connection
with
the
proceedings
or
33
from
intervening
judicial
proceedings,
plus
the
length
of
any
34
extension
permitted
by
section
476.33,
subsection
3,
then
such
35
-2-
LSB
1370XD
(3)
87
gh/rn/nh
2/
4
S.F.
_____
H.F.
_____
temporary
rates,
charges,
schedules,
or
regulations
placed
into
1
effect
on
a
temporary
basis
shall
be
deemed
finally
approved
2
by
the
board
and
the
utility
may
place
them
into
effect
on
a
3
permanent
basis.
4
Sec.
5.
Section
478.2,
subsection
2,
paragraph
a,
Code
2017,
5
is
amended
to
read
as
follows:
6
a.
A
member
of
the
board,
the
counsel
of
the
board,
or
a
7
hearing
examiner
presiding
officer
designated
by
the
board
8
shall
serve
as
the
presiding
officer
at
each
meeting,
shall
9
present
an
agenda
for
such
meeting
which
shall
include
a
10
summary
of
the
legal
rights
of
the
affected
landowners,
and
11
shall
distribute
and
review
the
statement
of
individual
rights
12
required
under
section
6B.2A,
subsection
1
.
A
formal
record
of
13
the
meeting
shall
not
be
required.
14
EXPLANATION
15
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
16
the
explanation’s
substance
by
the
members
of
the
general
assembly.
17
This
bill
modifies
several
provisions
relating
to
public
18
utility
regulation
and
the
confidentiality
of
information
held
19
by
the
department
of
homeland
security
and
emergency
management
20
and
the
Iowa
utilities
board.
21
Code
section
22.7
lists
public
records
that
must
be
kept
22
confidential
from
public
disclosure,
including
critical
asset
23
protection
plan
information
held
by
the
department.
However,
24
Code
section
22.7(45)
allows
the
public
to
examine
a
list
of
25
assets
made
available
by
the
director
of
the
department.
The
26
bill
deletes
this
provision.
27
The
bill
further
amends
Code
section
22.7
by
making
28
infrastructure
information
and
records
relating
to
the
29
safeguarding
of
critical
infrastructure
systems
such
as
30
telecommunications,
electric,
water,
sanitary
sewage,
storm
31
water
drainage,
energy,
hazardous
liquid,
and
natural
gas,
held
32
by
the
department
and
the
utilities
board
confidential
from
33
public
disclosure.
This
includes
“cyber
security
information”,
34
defined
in
the
bill
as
including
but
not
limited
to
information
35
-3-
LSB
1370XD
(3)
87
gh/rn/nh
3/
4
S.F.
_____
H.F.
_____
relating
to
cyber
security
defenses,
threats,
attacks,
or
1
general
attempts
to
attack
cyber
system
operations.
2
Code
section
476.6(9)
authorizes
utilities
to
collect
higher
3
rates
on
a
temporary
basis
while
the
utilities
board
conducts
4
a
rate
review
proceeding.
To
do
so,
utilities
have
the
5
option
of
either
first
obtaining
board
review
before
temporary
6
rates
are
placed
into
effect,
or
implementing
temporary
rates
7
without
board
review
within
10
days
after
filing
for
temporary
8
rates,
subject
to
the
board’s
authority
to
require
refunds
for
9
overpayment
if
the
board
later
determines
that
the
temporary
10
rates
were
not
based
on
previously
established
regulatory
11
principles.
The
bill
removes
the
option
for
utilities
to
first
12
request
board
review
before
implementing
temporary
rates.
13
Therefore,
utilities
seeking
temporary
rate
changes
may
do
14
so
only
by
implementing
the
rates,
without
the
board’s
prior
15
approval,
on
or
after
10
days
following
the
filing
date
with
16
the
board.
If
the
board
fails
to
make
a
final
decision
on
17
a
temporary
rate
change
within
10
months
after
filing,
the
18
temporary
rates
are
deemed
approved
by
the
board
and
may
be
19
placed
into
effect
on
a
permanent
basis.
20
Code
chapter
478
requires
any
person
wanting
to
operate
21
and
maintain
electric
transmission
lines
to
file
a
petition
22
for
a
franchise
from
the
utilities
board.
Under
the
process
23
described
in
Code
section
478.2,
a
person
must
first
hold
a
24
public
information
meeting
in
each
county
where
real
property
25
or
rights
will
be
affected,
at
least
30
days
prior
to
filing
a
26
petition.
Code
section
478.2(2)(a)
requires
either
a
member
of
27
the
board,
the
counsel
of
the
board,
or
a
“hearing
examiner”
28
designated
by
the
board
to
serve
as
the
presiding
officer
for
29
a
public
information
meeting.
The
bill
replaces
the
term
30
“hearing
examiner”
with
“presiding
officer”.
Therefore,
either
31
a
member
of
the
board,
the
counsel
of
the
board,
or
a
presiding
32
officer
designated
by
the
board
can
serve
as
the
presiding
33
officer
at
a
public
information
meeting.
34
-4-
LSB
1370XD
(3)
87
gh/rn/nh
4/
4
