Bill Text: IA HF599 | 2023-2024 | 90th General Assembly | Enrolled
Bill Title: A bill for an act relating to the regulation of specified gas and electric utilities. (Formerly HSB 192.) Effective date: 07/01/2023.
Spectrum: Committee Bill
Status: (Passed) 2023-04-28 - Signed by Governor. H.J. 953. [HF599 Detail]
Download: Iowa-2023-HF599-Enrolled.html
House
File
599
-
Enrolled
House
File
599
AN
ACT
RELATING
TO
THE
REGULATION
OF
SPECIFIED
GAS
AND
ELECTRIC
UTILITIES.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
476.1A,
Code
2023,
is
amended
to
read
as
follows:
476.1A
Applicability
of
authority
——
certain
electric
utilities.
1.
Electric
public
utilities
having
fewer
than
ten
thousand
customers
and
electric
cooperative
corporations
and
associations
are
not
subject
to
the
regulation
authority
of
the
board,
except
for
regulatory
action
pertaining
to
all
of
the
following:
a.
Assessment
of
fees
for
the
support
of
the
division
and
the
office
of
consumer
advocate,
pursuant
to
section
476.10
.
b.
Safety
standards
and
engineering
standards
for
equipment,
operations,
and
procedures
.
House
File
599,
p.
2
c.
Assigned
area
areas
of
service
,
as
set
forth
in
sections
476.22
through
476.26
.
d.
Pilot
projects
of
the
board
Public
utility
railroad
crossings,
as
set
forth
in
476.27
.
e.
Filing
alternate
energy
purchase
program
plans
with
the
board,
and
offering
such
programs
to
customers,
pursuant
to
section
476.47
.
2.
However,
sections
476.20,
subsections
1
through
4
,
476.21
,
476.51
,
476.56
,
476.58,
476.62
,
and
476.66
and
chapters
476A
and
478
,
to
the
extent
applicable,
apply
to
such
electric
utilities.
3.
Electric
cooperative
corporations
and
associations
and
electric
public
utilities
exempt
from
rate
regulation
under
this
section
shall
not
make
or
grant
any
unreasonable
preferences
or
advantages
as
to
rates
or
services
to
any
person
or
subject
any
person
to
any
unreasonable
prejudice
or
disadvantage.
4.
The
board
of
directors
or
the
membership
of
an
electric
cooperative
corporation
or
association
otherwise
exempt
from
rate
regulation
may
elect
to
have
the
cooperative’s
rates
regulated
by
the
board.
The
board
shall
adopt
rules
prescribing
the
manner
in
which
the
board
of
directors
or
the
membership
of
an
electric
cooperative
may
so
elect.
If
the
board
of
directors
or
the
membership
of
an
electric
cooperative
has
elected
to
have
the
cooperative’s
rates
regulated
by
the
board,
after
two
years
have
elapsed
from
the
effective
date
of
such
election
the
board
of
directors
or
the
membership
of
the
electric
cooperative
may
elect
to
exempt
the
cooperative
from
the
rate
regulation
authority
of
the
board,
provided,
however,
that
if
the
membership
elected
to
have
the
cooperative’s
rates
regulated
by
the
board,
only
the
membership
may
elect
to
exempt
the
cooperative
from
the
rate
regulation
authority
of
the
board.
5.
An
electric
utility
subject
to
regulatory
action
pursuant
to
this
section
is
subject
to
complaints
and
investigations
as
set
forth
in
section
476.3,
but
only
with
regard
to
matters
within
the
regulatory
authority
of
the
board
as
set
forth
in
subsections
1
and
2.
6.
As
used
in
this
section:
House
File
599,
p.
3
a.
“Engineering
standards”
means
standards
adopted
by
the
American
national
standards
institute,
or
the
institute
of
electrical
and
electronics
engineers,
rural
utilities
service,
or
comparable
engineering
organization
or
engineering
standards
adopted
by
the
board.
b.
“Rates”
means
the
same
as
defined
in
section
384.80
and
includes
all
charges
or
fees
imposed
or
collected
for
the
provision
of
or
incidental
to
utility
service.
c.
“Safety
standards”
means
applicable
regulations
promulgated
by
the
United
States
occupational
safety
and
health
administration
and
by
Iowa
occupational
safety
and
health
by
the
administration.
Safety
standards
for
electric
utilities
subject
to
this
section
also
include
outage
notifications,
safety
standards
contained
in
the
national
electric
safety
code,
as
published
by
the
institute
of
electrical
and
electronic
engineers,
inc.,
and
electric
safety
standards
approved
by
the
American
national
standards
institute.
Sec.
2.
Section
476.1B,
Code
2023,
is
amended
to
read
as
follows:
476.1B
Applicability
of
authority
——
municipally
owned
utilities.
1.
Unless
otherwise
specifically
provided
by
statute,
a
A
municipally
owned
utility
furnishing
gas
or
electricity
is
not
subject
to
the
regulation
by
authority
of
the
board
under
this
chapter
,
except
for
regulatory
action
pertaining
to
the
following
:
a.
Assessment
of
fees
for
the
support
of
the
division
and
the
office
of
consumer
advocate,
as
set
forth
in
section
476.10
.
b.
Safety
standards.
c.
Assigned
areas
of
service,
as
set
forth
in
sections
476.22
through
476.26
.
d.
Enforcement
of
civil
penalties
pursuant
to
section
476.51
.
e.
Disconnection
of
service,
as
set
forth
in
section
476.20,
subsections
1
through
4
.
f.
Encouragement
of
alternate
energy
production
facilities,
as
set
forth
in
sections
476.41
through
476.45
.
g.
Enforcement
of
section
476.56
.
House
File
599,
p.
4
h.
Enforcement
of
section
476.66
.
i.
Enforcement
of
section
476.62
.
d.
Public
utility
railroad
crossings,
as
set
forth
in
section
476.27.
j.
e.
An
electric
power
agency
as
defined
in
chapter
28F
and
section
390.9
that
includes
as
a
member
a
city
or
municipally
owned
utility
that
builds
transmission
facilities
after
July
1,
2001,
is
subject
to
applicable
transmission
reliability
rules
or
standards
adopted
by
the
board
for
those
facilities.
k.
f.
Filing
alternate
energy
purchase
program
plans
with
the
board,
and
offering
such
programs
to
customers,
pursuant
to
section
476.47
.
2.
The
board
may
waive
all
or
part
of
the
energy
efficiency
filing
and
review
requirements
for
municipally
owned
utilities
which
demonstrate
superior
results
with
existing
energy
efficiency
efforts
Sections
476.20,
subsections
1
through
4,
476.51,
476.56,
476.58,
476.62,
and
476.66
and
chapters
476A
and
478,
to
the
extent
applicable,
apply
to
such
electric
and
gas
utilities
.
3.
Unless
otherwise
specifically
provided
by
statute,
a
A
municipally
owned
utility
providing
local
exchange
services
is
not
subject
to
the
regulation
by
authority
of
the
board
under
this
chapter
except
for
regulatory
action
pertaining
to
the
enforcement
of
sections
476.10,
476.95
,
476.95A
,
476.95B
,
476.100
,
and
476.102
,
and
476.103
.
4.
An
electric
utility
subject
to
regulatory
action
pursuant
to
this
section
is
subject
to
complaints
and
investigations
as
set
forth
in
section
476.3,
but
only
with
regard
to
matters
within
the
regulatory
authority
of
the
board
as
set
forth
in
subsections
1
and
2.
Sec.
3.
Section
476.20,
subsection
3,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
The
board
shall
establish
adopt
rules
which
shall
be
uniform
with
respect
to
all
rate-regulated
public
utilities
furnishing
gas
or
electricity
relating
to
disconnection
of
service.
The
board
shall
adopt
rules
with
respect
to
electric
and
gas
utilities
subject
to
sections
476.1A
and
476.1B
that
prescribe
the
procedures
and
notice
requirements
House
File
599,
p.
5
for
the
disconnection
of
service
consistent
with
the
rules
for
rate-regulated
public
utilities,
but
such
rules
shall
not
regulate
the
rates
of
such
utilities.
This
subsection
applies
both
to
regulated
rate-regulated
utilities
,
utilities
subject
to
regulation
under
sections
476.1A
and
476.1B,
and
to
municipally
owned
utilities
and
unincorporated
villages
which
own
their
own
distribution
systems
,
and
violations
.
Violations
of
this
subsection
may
subject
the
utilities
a
utility
to
civil
penalties
under
section
476.51
.
Sec.
4.
Section
476.20,
subsection
5,
paragraph
a,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
board
shall
establish
rules
which
shall
be
uniform
with
respect
to
all
rate-regulated
public
utilities
furnishing
gas
or
electricity
relating
to
deposits
which
may
be
required
by
the
public
utility
for
the
initiation
or
reinstatement
of
service.
This
subsection
shall
not
apply
to
utilities
subject
to
section
476.1A,
or
to
municipally
owned
utilities
,
which
shall
be
governed
by
the
provisions
of
section
384.84
with
respect
to
deposits
and
payment
plans
for
delinquent
amounts
owed.
Municipally
owned
utilities
and
electric
utilities
that
are
not
required
to
be
rate-regulated
utilities
subject
to
section
476.1A
shall
not
be
subject
to
the
board’s
rules
in
regards
regard
to
deposits
,
rates
and
charges
for
the
disconnection
or
reinstatement
of
service,
and
payment
plans
for
delinquent
amounts
owed
and
repayment
of
past
due
debt.
Municipally
owned
utilities
and
electric
utilities
that
are
not
required
to
be
rate-regulated
utilities
subject
to
section
476.1A
shall
be
subject
to
the
board’s
rules
in
regards
to
payment
plans
made
prior
to
the
disconnection
of
services.
Sec.
5.
Section
592.9,
Code
2023,
is
amended
to
read
as
follows:
592.9
City
waterworks
utilities
and
utility
boards
.
All
proceedings
taken
prior
to
January
1,
1961
the
effective
date
of
this
Act
purporting
to
provide
for
the
establishment,
organization,
formation,
operation,
or
maintenance
of
a
city
waterworks
utility
or
utility
board
and
not
previously
declared
invalid
by
any
court,
are
legalized,
validated
and
confirmed.
All
such
proceedings
are
declared
to
be
legally
sufficient
to
House
File
599,
p.
6
create,
establish
and
authorize
the
maintenance
and
operation
of
a
city
waterworks
as
a
city
utility,
as
defined
in
section
362.2,
subsection
6
.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
599,
Ninetieth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2023
______________________________
KIM
REYNOLDS
Governor