Bill Text: IA HF693 | 2021-2022 | 89th General Assembly | Enrolled
Bill Title: A bill for an act relating to matters under the purview of the utilities division of the department of commerce. (Formerly HF 483, HSB 137.) Effective date: 07/01/2021.
Spectrum: Committee Bill
Status: (Passed) 2021-04-30 - Signed by Governor. H.J. 1038. [HF693 Detail]
Download: Iowa-2021-HF693-Enrolled.html
House
File
693
-
Enrolled
House
File
693
AN
ACT
RELATING
TO
MATTERS
UNDER
THE
PURVIEW
OF
THE
UTILITIES
DIVISION
OF
THE
DEPARTMENT
OF
COMMERCE.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
DIVISION
I
ADMINISTRATION
Section
1.
Section
476.2,
Code
2021,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
4A.
The
board
shall
have
the
authority
to
employ
or
appoint
an
independent
administrative
law
judge
to
preside
over
any
hearing
or
proceeding
before
the
board.
Sections
10A.801
and
17A.11
do
not
apply
to
the
employment
or
appointment
of
an
administrative
law
judge
pursuant
to
this
subsection.
Sec.
2.
Section
476.10,
subsection
1,
paragraph
b,
Code
2021,
is
amended
to
read
as
follows:
b.
The
board
shall
ascertain
the
total
of
the
division’s
expenses
incurred
during
each
fiscal
year
in
the
performance
of
its
duties
under
law.
The
board
shall
add
to
the
total
of
the
division’s
expenses
the
certified
expenses
of
the
consumer
advocate
as
provided
under
section
475A.6
.
The
board
shall
deduct
all
amounts
charged
directly
to
any
person
from
the
total
expenses
of
the
board
and
the
consumer
advocate.
The
board
may
assess
the
amount
remaining
after
the
deduction
to
all
persons
providing
service
over
which
the
board
has
jurisdiction
in
proportion
to
the
respective
gross
operating
House
File
693,
p.
2
revenues
of
such
persons
from
intrastate
operations
during
the
last
calendar
year
over
which
the
board
has
jurisdiction.
For
purposes
of
determining
gross
operating
revenues
under
this
section
,
the
board
shall
not
include
gross
receipts
received
by
a
cooperative
corporation
or
association
for
wholesale
transactions
with
members
of
the
cooperative
corporation
or
association,
provided
that
the
members
are
subject
to
assessment
by
the
board
based
upon
the
members’
gross
operating
revenues,
or
provided
that
such
a
member
is
an
association
whose
members
are
subject
to
assessment
by
the
board
based
upon
the
members’
gross
operating
revenues.
If
any
portion
of
the
remainder
can
be
identified
with
a
specific
type
of
utility
service,
the
board
shall
assess
those
expenses
only
to
the
entities
providing
that
type
of
service
over
which
the
board
has
jurisdiction.
The
board
may
make
the
remainder
assessments
under
this
paragraph
on
a
quarterly
basis
to
some
or
all
persons
providing
service
over
which
the
board
has
jurisdiction
,
based
upon
estimates
of
the
expenditures
for
the
fiscal
year
for
the
utilities
division
and
the
consumer
advocate.
Not
more
than
ninety
days
following
the
close
of
the
fiscal
year,
the
utilities
division
shall
conform
the
amount
of
the
prior
fiscal
year’s
assessments
to
the
requirements
of
this
paragraph.
For
gas
and
electric
public
utilities
exempted
from
rate
regulation
pursuant
to
this
chapter
,
and
for
providers
of
telecommunications
service
required
to
register
with
the
board
pursuant
to
section
476.95A
that
are
exempted
from
rate
regulation
pursuant
to
this
chapter,
the
remainder
assessments
under
this
paragraph
shall
be
computed
at
one-half
the
rate
used
in
computing
the
assessment
for
other
persons.
DIVISION
II
PIPELINE
Sec.
3.
Section
479.31,
subsection
1,
Code
2021,
is
amended
to
read
as
follows:
1.
A
person
who
violates
this
chapter
or
any
rule
or
order
issued
pursuant
to
this
chapter
shall
be
subject
to
a
civil
penalty
levied
by
the
board
not
to
exceed
one
hundred
thousand
dollars
for
each
violation
in
accordance
with
49
C.F.R.
§190.223
.
Each
day
that
the
violation
continues
shall
constitute
a
separate
offense.
However,
the
maximum
civil
House
File
693,
p.
3
penalty
shall
not
exceed
one
million
dollars
for
any
related
series
of
violations.
Civil
penalties
collected
pursuant
to
this
section
shall
be
forwarded
by
the
chief
operating
officer
of
the
board
to
the
treasurer
of
state
to
be
credited
to
the
general
fund
of
the
state
and
appropriated
to
the
division
of
community
action
agencies
of
the
department
of
human
rights
for
purposes
of
the
low
income
home
energy
assistance
program
and
the
weatherization
assistance
program.
Sec.
4.
Section
479A.7,
Code
2021,
is
amended
to
read
as
follows:
479A.7
Annual
inspection
fee.
A
The
board
may,
in
accordance
with
section
476.10,
charge
a
pipeline
company
shall
pay
with
an
annual
inspection
fee
of
fifty
cents
per
mile
of
pipeline
or
fraction
thereof
for
each
inch
of
diameter
of
the
pipeline
located
in
this
state
that
is
directly
attributable
to
the
costs
of
conducting
annual
inspections
pursuant
to
this
chapter
.
The
annual
inspection
fee
shall
be
paid
for
the
calendar
year
in
advance
between
January
1
and
February
1
of
each
year.
DIVISION
III
TELECOMMUNICATIONS
SERVICES
Sec.
5.
Section
34A.2,
subsections
8
and
14,
Code
2021,
are
amended
to
read
as
follows:
8.
“Competitive
local
exchange
service
provider”
means
the
same
as
defined
in
section
476.96
any
person,
including
a
municipal
utility,
that
provides
local
exchange
services,
other
than
a
local
exchange
carrier
or
a
non-rate-regulated
wireline
provider
of
local
exchange
services
under
an
authorized
certificate
of
public
convenience
and
necessity
within
a
specific
geographic
area
described
in
maps
filed
with
and
approved
by
the
board
as
of
September
30,
1992
.
14.
“Local
exchange
carrier”
means
the
same
as
defined
in
section
476.96
any
person
that
was
the
incumbent
and
historical
rate-regulated
wireline
provider
of
local
exchange
services
or
any
successor
to
such
person
that
provides
local
exchange
services
under
an
authorized
certificate
of
public
convenience
and
necessity
within
a
specific
geographic
area
described
in
maps
filed
with
and
approved
by
the
board
as
of
September
30,
1992
.
House
File
693,
p.
4
Sec.
6.
Section
423.3,
subsection
47A,
Code
2021,
is
amended
to
read
as
follows:
47A.
a.
The
sales
price
from
the
sale
or
rental
of
central
office
equipment
or
transmission
equipment
primarily
used
by
local
exchange
carriers
and
competitive
local
exchange
service
providers
as
defined
in
section
476.96
,
Code
2017
;
by
franchised
cable
television
operators,
mutual
companies,
municipal
utilities,
cooperatives,
and
companies
furnishing
communications
services
that
are
not
subject
to
rate
regulation
as
provided
in
chapter
476
;
by
long
distance
companies
as
defined
in
section
477.10
;
or
for
a
commercial
mobile
radio
service
as
defined
in
47
C.F.R.
§20.3
in
the
furnishing
of
telecommunications
services
on
a
commercial
basis.
b.
For
the
purposes
of
this
subsection
,
“central
:
(1)
“Central
office
equipment”
means
equipment
utilized
in
the
initiating,
processing,
amplifying,
switching,
or
monitoring
of
telecommunications
services.
“Central
office
equipment”
also
includes
ancillary
equipment
and
apparatus
which
support,
regulate,
control,
repair,
test,
or
enable
such
equipment
to
accomplish
its
function.
(2)
“Competitive
local
exchange
service
provider”
means
any
person,
including
a
municipal
utility,
that
provides
local
exchange
services,
other
than
a
local
exchange
carrier
or
a
non-rate-regulated
wireline
provider
of
local
exchange
services
under
an
authorized
certificate
of
public
convenience
and
necessity
within
a
specific
geographic
area
described
in
maps
filed
with
and
approved
by
the
board
as
of
September
30,
1992.
(3)
“Local
exchange
carrier”
means
any
person
that
was
the
incumbent
and
historical
rate-regulated
wireline
provider
of
local
exchange
services
or
any
successor
to
such
person
that
provides
local
exchange
services
under
an
authorized
certificate
of
public
convenience
and
necessity
within
a
specific
geographic
area
described
in
maps
filed
with
and
approved
by
the
board
as
of
September
30,
1992.
(4)
“Transmission
equipment”
means
equipment
utilized
in
the
process
of
sending
information
from
one
location
to
another
location.
“Central
office
equipment”
and
“transmission
“Transmission
equipment”
also
include
includes
ancillary
equipment
and
apparatus
which
support,
regulate,
control,
House
File
693,
p.
5
repair,
test,
or
enable
such
equipment
to
accomplish
its
function.
Sec.
7.
Section
477C.7,
subsection
2,
Code
2021,
is
amended
to
read
as
follows:
2.
The
entities
subject
to
assessment
shall
remit
the
assessed
amounts
quarterly
,
as
determined
by
the
board,
to
a
special
fund,
as
defined
under
section
8.2,
subsection
9
.
The
moneys
in
the
fund
are
appropriated
solely
to
plan,
establish,
administer,
and
promote
the
relay
service
and
equipment
distribution
programs.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
JAKE
CHAPMAN
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
693,
Eighty-ninth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2021
______________________________
KIM
REYNOLDS
Governor
