Bill Text: IA HF445 | 2017-2018 | 87th General Assembly | Enrolled
Bill Title: A bill for an act relating to public utilities and other infrastructure, including the confidentiality of certain information relating to cyber security or critical infrastructure, the authority of utilities to make temporary rate changes, and presiding officers at public information meetings held for electric transmission line franchise petitions. (Formerly HSB 76.) Effective 7-1-17.
Spectrum: Committee Bill
Status: (Passed) 2017-03-30 - Signed by Governor. H.J. 825. [HF445 Detail]
Download: Iowa-2017-HF445-Enrolled.html
House File 445 - Enrolled
HOUSE FILE
BY COMMITTEE ON COMMERCE
(SUCCESSOR TO HSB 76)
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A BILL FOR
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House File 445
AN ACT
RELATING TO PUBLIC UTILITIES AND OTHER INFRASTRUCTURE,
INCLUDING THE CONFIDENTIALITY OF CERTAIN INFORMATION
RELATING TO CYBER SECURITY OR CRITICAL INFRASTRUCTURE, THE
AUTHORITY OF UTILITIES TO MAKE TEMPORARY RATE CHANGES, AND
PRESIDING OFFICERS AT PUBLIC INFORMATION MEETINGS HELD FOR
ELECTRIC TRANSMISSION LINE FRANCHISE PETITIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 22.7, subsection 45, Code 2017, is
amended to read as follows:
45. The critical asset protection plan or any part of the
plan prepared pursuant to section 29C.8 and any information held
by the department of homeland security and emergency
management that was supplied to the department by a public or
private agency or organization and used in the development
of the critical asset protection plan to include, but not be
limited to, surveys, lists, maps, or photographs. However, the
director shall make the list of assets available for examination
by any person. A person wishing to examine the list of assets
shall make a written request to the director on a form approved
by the director. The list of assets may be viewed at the
department's offices during normal working hours. The list of
assets shall not be copied in any manner.Communications and
asset information not required by law, rule, or procedure that
are provided to the director by persons outside of government
and for which the director has signed a nondisclosure agreement
are exempt from public disclosures. The department of homeland
security and emergency management may provide all or part of the
critical asset plan to federal, state, or local governmental
agencies which have emergency planning or response functions if
the director is satisfied that the need to know and intended use
are reasonable. An agency receiving critical asset protection
plan information from the department shall not redisseminate
the information without prior approval of the director.
Sec. 2. Section 22.7, Code 2017, is amended by adding the
following new subsection:
NEW SUBSECTION. 70. Information and records related to
cyber security information or critical infrastructure, the
disclosure of which may expose or create vulnerability to
critical infrastructure systems, held by the utilities board
of the department of commerce or the department of homeland
security and emergency management for purposes relating to the
safeguarding of telecommunications, electric, water, sanitary
sewage, storm water drainage, energy, hazardous liquid, natural
gas, or other critical infrastructure systems. For purposes of
this subsection, "cyber security information" includes but is
not limited to information relating to cyber security defenses,
threats, attacks, or general attempts to attack cyber system
operations.
Sec. 3. Section 476.6, subsection 9, paragraph a, Code 2017,
is amended by striking the paragraph.
Sec. 4. Section 476.6, subsection 9, paragraph b, Code 2017,
is amended to read as follows:
b. A public utility may choose to place in effect temporary
rates, charges, schedules, or regulations without board review
on or after ten days after following the filing date under this
section. If the utility chooses to place such rates, charges,
schedules, or regulations in effect without board review, the
utility shall file with the board a bond or other corporate
undertaking approved by the board conditioned upon the refund
in a manner prescribed by the board of amounts collected in
excess of the amounts which would have been collected under
rates, charges, schedules, or regulations finally approved by
the board. At the conclusion of the proceeding if the board
determines that the temporary rates, charges, schedules, or
regulations placed in effect under this paragraph were not based
on previously established regulatory principles, the board
shall consider ordering refunds based upon the overpayments
made by each individual customer class, rate zone, or customer
group. If the board has not rendered a final decision with
respect to suspended rates, charges, schedules, or regulations
upon the expiration of ten months after the filing date, plus
the length of any delay that necessarily results either from
the failure of the public utility to exercise due diligence in
connection with the proceedings or from intervening judicial
proceedings, plus the length of any extension permitted by
section 476.33, subsection 3, then such temporary rates,
charges, schedules, or regulations placed into effect on a
temporary basis shall be deemed finally approved by the board
and the utility may place them into effect on a permanent basis.
Sec. 5. Section 478.2, subsection 2, paragraph a, Code 2017,
is amended to read as follows:
a. A member of the board, the counsel of the board, or a
hearing examiner presiding officer designated by the board
shall serve as the presiding officer at each meeting, shall
present an agenda for such meeting which shall include a
summary of the legal rights of the affected landowners, and
shall distribute and review the statement of individual rights
required under section 6B.2A, subsection 1. A formal record of
the meeting shall not be required.
LINDA UPMEYER
Speaker of the House
JACK WHITVER
President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 445, Eighty=seventh General Assembly.
CARMINE BOAL
Chief Clerk of the House
Approved , 2017
TERRY E. BRANSTAD
Governor
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