Bill Text: IA SF2317 | 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. (Formerly SSB 3164.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2018-03-01 - Subcommittee: Brown, Hogg, and Schultz. S.J. 512. [SF2317 Detail]
Download: Iowa-2017-SF2317-Introduced.html
Senate File 2317 - Introduced SENATE FILE BY COMMITTEE ON COMMERCE (SUCCESSOR TO SSB 3164) A BILL FOR 1 An Act relating to matters under the purview of the utilities 2 division of the department of commerce, providing fees, and 3 making penalties applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5328SV (3) 87 gh/rn PAG LIN 1 1 Section 1. Section 474.1, subsection 2, Code 2018, is 1 2 amended to read as follows: 1 3 2. a.The utilities board shall organize by appointing 1 4 an executive secretary, who shall take the same oath as the 1 5 members. The board shall set the salary of the executive 1 6 secretary within the limits of the pay plan for exempt 1 7 positions provided for in section 8A.413, subsection 3, unless 1 8 otherwise provided by the general assembly. The board may 1 9 employ additional personnel as it finds necessary.Subject to 1 10 confirmation by the senate, the governor shall appoint a member 1 11 as the chairperson of the board. The chairperson shall be the 1 12 administrator of the utilities division. The appointment as 1 13 chairperson shall be for a two=year term which begins and ends 1 14 as provided in section 69.19. 1 15 b. The board shall appoint a chief operating officer to 1 16 manage the operations of the utilities division as directed 1 17 by the board. The board shall set the salary of the chief 1 18 operating officer within the limits of the pay plan for exempt 1 19 positions provided for in section 8A.413, subsection 3, unless 1 20 otherwise provided by the general assembly. The board may 1 21 employ additional personnel as it finds necessary. 1 22 Sec. 2. Section 474.2, Code 2018, is amended to read as 1 23 follows: 1 24 474.2 Certain persons barred from office. 1 25 No person in the employ of any common carrier or other public 1 26 utility, or owning any bonds, stock or property in anyrailroad 1 27 company or otherpublic utility shall be eligible to the office 1 28 of utilities board member orsecretarychief operating officer 1 29 of the utilities board; and the entering into the employ of any 1 30 common carrier or other public utility or the acquiring of any 1 31 stock or other interest in any common carrier or other public 1 32 utility by such member orsecretarychief operating officer 1 33 after appointment shall disqualify the member orsecretary 1 34chief operating officer to hold the office or perform the 1 35 duties thereof. 2 1 Sec. 3. Section 474.8, Code 2018, is amended to read as 2 2 follows: 2 3 474.8 Office == time employed == expenses. 2 4 The utilities board shall have an office at the seat 2 5 of government and each member shall devote the member's 2 6 whole time to the duties of the office, and the membersand 2 7 secretary, chief operating officer, and other employees shall 2 8 receive their actual necessary traveling expenses while in 2 9 the discharge of their official duties away from the general 2 10 offices. 2 11 Sec. 4. Section 476.1B, subsection 3, Code 2018, is amended 2 12 to read as follows: 2 13 3. Unless otherwise specifically provided by statute, a 2 14 municipally owned utility providing local exchange services 2 15 is not subject to regulation by the board under this chapter 2 16 except for regulatory action pertaining to the enforcement of 2 17 sections 476.11,476.29,476.95, 476.95A, 476.96, 476.100, 2 18 476.101, and 476.102. 2 19 Sec. 5. Section 476.1D, subsection 10, paragraph b, Code 2 20 2018, is amended to read as follows: 2 21 b. The board shall promptly notify the director of revenue 2 22 that a long distance telephone company has been classified 2 23 as a competitive long distance telephone company. Upon such 2 24 notification by the board, the director of revenue shall assess 2 25 the property of such competitive long distance telephone 2 26 company, which property is first assessed for taxation in this 2 27 state on or after January 1, 1996, in the same manner as all 2 28 other property assessed as commercial property by the local 2 29 assessor under chapters 427, 427A, 427B, 428, and 441. As used 2 30 in this section, "long distance telephone company" means an 2 31 entity that provides telephone service and facilities between 2 32 local exchanges, but does not include a cellular service 2 33 provider or a local exchange utilityholding a certificate 2 34 issued under section 476.29, subsection 12. 2 35 Sec. 6. Section 476.2, subsection 6, Code 2018, is amended 3 1 by striking the subsection. 3 2 Sec. 7. Section 476.6, subsection 21, Code 2018, is amended 3 3 by striking the subsection. 3 4 Sec. 8. Section 476.10, subsection 1, paragraph a, Code 3 5 2018, is amended to read as follows: 3 6 a. In order to carry out the duties imposed upon it by law, 3 7 the board may, at its discretion, allocate and charge directly 3 8 the expenses attributable to its duties to the person bringing 3 9 a proceeding before the board,orto persons participating in 3 10 matters before the board, or to persons subject to inspection 3 11 by the board. The board shall ascertain the certified expenses 3 12 incurred and directly chargeable by the consumer advocate 3 13 division of the department of justice in the performance of 3 14 its duties. The board and the consumer advocate separately 3 15 may decide not to charge expenses to persons who, without 3 16 expanding the scope of the proceeding or matter, intervene in 3 17 good faith in a board proceeding initiated by a person subject 3 18 to the board's jurisdiction, the consumer advocate, or the 3 19 board on its own motion. For assessments in any proceedings or 3 20 matters before the board, the board and the consumer advocate 3 21 separately may consider the financial resources of the person, 3 22 the impact of assessment on participation by intervenors, the 3 23 nature of the proceeding or matter, and the contribution of 3 24 a person's participation to the public interest. The board 3 25 may present a bill for expenses under this subsection to the 3 26 person, either at the conclusion of a proceeding or matter, 3 27 or from time to time during its progress. Presentation of a 3 28 bill for expenses under this subsection constitutes notice of 3 29 direct assessment and request for payment in accordance with 3 30 this section. 3 31 Sec. 9. Section 476.11, unnumbered paragraph 2, Code 2018, 3 32 is amended to read as follows: 3 33 The board may resolve complaints, upon notice and 3 34 hearing, that autility, operating under section 476.29, 3 35telecommunications provider has failed to provide just, 4 1 reasonable, and nondiscriminatory arrangements for 4 2 interconnection of its telecommunications services with another 4 3 telecommunications provider. 4 4 Sec. 10. Section 476.51, subsection 5, Code 2018, is amended 4 5 to read as follows: 4 6 5. Civil penalties collected pursuant to this section from 4 7 utilities providing water, electric, or gas service shall be 4 8 forwarded by theexecutive secretarychief operating officer 4 9 of the board to the treasurer of state to be credited to the 4 10 general fund of the state and to be used only for the low 4 11 income home energy assistance program and the weatherization 4 12 assistance program administered by the division of community 4 13 action agencies of the department of human rights. Civil 4 14 penalties collected pursuant to this section from utilities 4 15 providing telecommunications service shall be forwarded to 4 16 the treasurer of state to be credited to the department of 4 17 commerce revolving fund created in section 546.12 to be used 4 18 only for consumer education programs administered by the board. 4 19 Penalties paid by a rate=regulated public utility pursuant to 4 20 this section shall be excluded from the utility's costs when 4 21 determining the utility's revenue requirement, and shall not be 4 22 included either directly or indirectly in the utility's rates 4 23 or charges to customers. 4 24 Sec. 11. Section 476.53, subsection 3, paragraph c, 4 25 subparagraph (2), Code 2018, is amended to read as follows: 4 26 (2) The rate=regulated public utility has demonstrated to 4 27 the board that the public utility has considered other sources 4 28 for long=term electric supply and that the facility or lease is 4 29 reasonable when compared to other feasible alternative sources 4 30 of supply.The rate=regulated public utility may satisfy the 4 31 requirements of this subparagraph through a competitive bidding 4 32 process, under rules adopted by the board, that demonstrate 4 33 the facility or lease is a reasonable alternative to meet its 4 34 electric supply needs.4 35 Sec. 12. NEW SECTION. 476.95A Annual registration for 5 1 telecommunications service providers. 5 2 1. A telecommunications service provider offering 5 3 communications service telephone numbers to retail customers in 5 4 this state shall register annually with the board. 5 5 2. An applicant shall complete an application for 5 6 registration on a form provided by the board. The form shall 5 7 include contact information, the approximate number of service 5 8 lines provided in the state, and any other information deemed 5 9 necessary by the board. 5 10 3. Within five business days of the receipt of a completed 5 11 application for registration, the board shall issue a 5 12 nonexclusive acknowledgment of compliance with this section. 5 13 The acknowledgment shall authorize the registrant to obtain 5 14 telephone numbers, interconnect with other telecommunications 5 15 services providers, cross railroad rights=of=way pursuant to 5 16 section 476.27, and provide telecommunications services in this 5 17 state. An acknowledgment may be transferred by filing a new 5 18 or updated registration form. 5 19 4. A registrant shall submit to the board corrections 5 20 to the information supplied in the registration form 5 21 within a reasonable time after a change in circumstances, 5 22 which circumstances would be required to be reported in an 5 23 application for registration form. 5 24 5. Failure to file and maintain an annual registration 5 25 pursuant to this section is a violation of this chapter and 5 26 shall subject a telecommunications services provider to a civil 5 27 penalty pursuant to section 476.51. 5 28 Sec. 13. Section 476.101, subsections 1, 4, and 7, Code 5 29 2018, are amended to read as follows: 5 30 1. A certificate of public convenience and necessity to 5 31 provide local telephone service shall not be interpreted as 5 32 conveying a monopoly, exclusive privilege, or franchise. A 5 33 competitive local exchange service provider shall not be 5 34 subject to the requirements of this chapter, except that a 5 35 competitive local exchange service provider shallobtain a 6 1 certificate of public convenience and necessity pursuant to 6 2 section 476.29register annually with the board pursuant to 6 3 section 476.95A, notify affected customers prior to any rate 6 4 increase, file reports, information, and pay assessments 6 5 pursuant to section 476.2, subsection 4, and sections 476.9, 6 6 476.10, 476.16, 476.102, and 477C.7, and shall be subject to 6 7 the board's authority with respect to adequacy of service, 6 8 interconnection, discontinuation of service, civil penalties, 6 9 and complaints. If, after notice and opportunity for hearing, 6 10 the board determines that a competitive local exchange service 6 11 provider possesses market power in its local exchange market 6 12 or markets, the board may apply such other provisions of this 6 13 chapter to a competitive local exchange service provider as it 6 14 deems appropriate. 6 15 4. Except as providedunder section 476.29, subsection 2, 6 16 andin this section, the board shall not impose or allow a 6 17 local exchange carrier to impose restrictions on the resale 6 18 of local exchange services, functions, or capabilities. The 6 19 board may prohibit residential service from being resold as a 6 20 different class of service. 6 21 7. In a proceeding associated withthe granting of 6 22 a certificate under section 476.29,approving maps for 6 23 competitive local exchange providers provided for in this 6 24 section, or in resolving a complaint filed pursuant to 6 25 subsection 5 and proceedings under 47 U.S.C. {251 = 254, 6 26 the board shall allocate the costs and expenses of the 6 27 proceedings to persons identified as parties in the proceeding 6 28 who are engaged in or who seek to engage in providing 6 29 telecommunications services or other persons identified as 6 30 participants in the proceeding. The funds received for the 6 31 costs and the expenses shall be remitted to the treasurer of 6 32 state for deposit in the department of commerce revolving fund 6 33 created in section 546.12 as provided in section 476.10. 6 34 Sec. 14. Section 476.103, subsection 4, paragraph c, Code 6 35 2018, is amended to read as follows: 7 1 c. A civil penalty collected pursuant to this subsection 7 2 shall be forwarded by theexecutive secretarychief operating 7 3 officer of the board to the treasurer of state to be credited 7 4 to the department of commerce revolving fund created in section 7 5 546.12 and to be used only for consumer education programs 7 6 administered by the board. 7 7 Sec. 15. Section 477A.3, subsection 1, paragraph f, Code 7 8 2018, is amended to read as follows: 7 9 f. Documentation that the applicant possesses sufficient 7 10 managerial, technical, and financial capability to provide 7 11 the cable service or video service proposed in the service 7 12 area.An applicant or its subsidiary which has been issued 7 13 a certificate of public convenience and necessity to provide 7 14 telephone service pursuant to section 476.29 shall be exempt 7 15 from the provisions of this paragraph.7 16 Sec. 16. Section 477C.7, Code 2018, is amended to read as 7 17 follows: 7 18 477C.7 Funding. 7 19 1. The board shall impose an annual assessment to fund the 7 20 programs described in this chapter upon all telecommunications 7 21 carriers providing service in the state, including but not 7 22 limited to wireless, wireline, and alternative operator 7 23 service providers, at a rate of three cents per month for each 7 24 communications service telephone number provided in this state. 7 252. The total assessment shall be allocated as follows:7 26a. Wireless communications service providers shall be 7 27 assessed three cents per month for each wireless communications 7 28 service number provided in this state.7 29b. (1) The remainder of the assessment shall be allocated 7 30 one=half to local exchange telephone utilities and one=half to 7 31 the following:7 32(a) Interexchange carriers.7 33(b) Centralized equal access providers.7 34(c) Alternative operator services companies.7 35(2) The assessment shall be allocated proportionally based 8 1 upon revenues from all intrastate regulated, deregulated, and 8 2 exempt telephone services under sections 476.1 and 476.1D.8 33.2. The telecommunications carriers shall remit the 8 4 assessed amounts quarterly to a special fund, as defined 8 5 under section 8.2, subsection 9. The moneys in the fund are 8 6 appropriated solely to plan, establish, administer, and promote 8 7 the relay service and equipment distribution programs. 8 84.3. The telecommunications carriers subject to 8 9 assessment shall provide the information requested by the board 8 10 necessary for implementation of the assessment. 8 115. The local exchange telephone utilities shall not recover 8 12 from intrastate access charges any portion of such utilities 8 13 assessment imposed under this section.8 14 Sec. 17. Section 478.29, subsection 1, Code 2018, is amended 8 15 to read as follows: 8 16 1. A person who violates a provision of this chapter is 8 17 subject to a civil penalty, which may be levied by the board, 8 18 of not more than one hundred dollars per violation or one 8 19 thousand dollars per day of a continuing violation, whichever 8 20 is greater. Civil penalties collected pursuant to this 8 21 section shall be forwarded by theexecutive secretarychief 8 22 operating officer of the board to the treasurer of state to be 8 23 credited to the general fund of the state and appropriated to 8 24 the division of community action agencies of the department 8 25 of human rights for purposes of the low income home energy 8 26 assistance program and the weatherization assistance program. 8 27 Sec. 18. Section 479.14, Code 2018, is amended to read as 8 28 follows: 8 29 479.14 Inspection fee. 8 30A pipeline company shall pay an annual inspection fee of 8 31 fifty cents per mile of pipeline or fraction thereof for 8 32 each inch of diameter of the pipeline located in the state, 8 33 the inspection fee to be paid to the board for the calendar 8 34 year in advance between January 1 and February 1 of each year 8 35The board may, in accordance with section 476.10, charge a 9 1 pipeline company with an annual inspection fee that is directly 9 2 attributable to the costs of conducting annual inspections 9 3 pursuant to this chapter. 9 4 Sec. 19. Section 479.31, subsection 1, Code 2018, is amended 9 5 to read as follows: 9 6 1. A person who violates this chapter or any rule or order 9 7 issued pursuant to this chapter shall be subject to a civil 9 8 penalty levied by the board not to exceed one hundred thousand 9 9 dollars for each violation. Each day that the violation 9 10 continues shall constitute a separate offense. However, the 9 11 maximum civil penalty shall not exceed one million dollars for 9 12 any related series of violations. Civil penalties collected 9 13 pursuant to this section shall be forwarded by theexecutive 9 14 secretarychief operating officer of the board to the treasurer 9 15 of state to be credited to the general fund of the state and 9 16 appropriated to the division of community action agencies 9 17 of the department of human rights for purposes of the low 9 18 income home energy assistance program and the weatherization 9 19 assistance program. 9 20 Sec. 20. Section 479.46, subsection 6, Code 2018, is amended 9 21 to read as follows: 9 22 6. The pipeline company shall pay all costs of the 9 23 assessment made by the commissioners and reasonable attorney 9 24 fees and costs incurred by the landowner as determined by the 9 25 commissioners if the award of the commissioners exceeds one 9 26 hundred ten percent of the final offer of the pipeline company 9 27 prior to the determination of damages; if the award does not 9 28 exceed one hundred ten percent, the landowners shall pay the 9 29 fees and costs incurred by the pipeline company. The pipeline 9 30 company shall file with the sheriff an affidavit setting forth 9 31 the most recent offer made to the landowner. Commissioners 9 32 shall receive a per diem of fifty dollars and actual and 9 33 necessary expenses incurred in the performance of their 9 34 official duties. The pipeline company shall also pay all costs 9 35 occasioned by the appeal, including reasonable attorney fees 10 1 to be taxed by the court, unless on the trial of the appeal the 10 2 same or a lesser amount of damages is awarded than was allowed 10 3 by the commission from which the appeal was taken. 10 4 Sec. 21. Section 479B.4, unnumbered paragraph 5, Code 2018, 10 5 is amended to read as follows: 10 6 The notice shall set forth the following: the name of the 10 7 applicant, the applicant's principal place of business, the 10 8 general description and purpose of the proposed project, the 10 9 general nature of the right=of=way desired, a map showing the 10 10 route or location of the proposed project, that the landowner 10 11 has a right to be present at the meeting and to file objections 10 12 with the board, and a designation of the time and place of the 10 13 meeting. The notice shall besent by restricted certified 10 14 mail and shall be published once in a newspaper of general 10 15 circulation in the county not less than thirty days before 10 16 the date set for the meetingserved by certified mail with 10 17 return receipt requested not less than thirty days previous 10 18 to the time set for the meeting, and shall be published once 10 19 in a newspaper of general circulation in the county. The 10 20 publication shall be considered notice to landowners whose 10 21 residence is not known and to each person in possession of or 10 22 residing on the property provided a good faith effort to notify 10 23 can be demonstrated by the pipeline company. 10 24 Sec. 22. Section 479B.21, subsection 1, Code 2018, is 10 25 amended to read as follows: 10 26 1. A person who violates this chapter or any rule or 10 27 order issued pursuant to this chapter shall be subject to a 10 28 civil penalty levied by the board in an amount not to exceed 10 29 one thousand dollars for each violation. Each day that the 10 30 violation continues shall constitute a separate offense. 10 31 However, the maximum civil penalty shall not exceed two hundred 10 32 thousand dollars for any related series of violations. Civil 10 33 penalties collected pursuant to this section shall be forwarded 10 34 by theexecutive secretarychief operating officer of the board 10 35 to the treasurer of state to be credited to the general fund 11 1 of the state and appropriated to the division of community 11 2 action agencies of the department of human rights for purposes 11 3 of the low income home energy assistance program and the 11 4 weatherization assistance program. 11 5 Sec. 23. Section 479B.30, subsection 6, Code 2018, is 11 6 amended to read as follows: 11 7 6. The pipeline company shall pay all costs of the 11 8 assessment made by the commissioners and reasonable attorney 11 9 fees and costs incurred by the landowner as determined by the 11 10 commissioners if the award of the commissioners exceeds one 11 11 hundred ten percent of the final offer of the pipeline company 11 12 prior to the determination of damages; if the award does not 11 13 exceed one hundred ten percent, the landowners shall pay the 11 14 fees and costs incurred by the pipeline company. The pipeline 11 15 company shall file with the sheriff an affidavit setting forth 11 16 the most recent offer made to the landowner. Commissioners 11 17 shall receive a per diem of fifty dollars and actual and 11 18 necessary expenses incurred in the performance of their 11 19 official duties. The pipeline company shall also pay all costs 11 20 occasioned by the appeal, including reasonable attorney fees 11 21 to be taxed by the court, unless on the trial of the appeal the 11 22 same or a lesser amount of damages is awarded than was allowed 11 23 by the commission from which the appeal was taken. 11 24 Sec. 24. Section 714H.4, subsection 1, paragraph d, Code 11 25 2018, is amended to read as follows: 11 26 d. The provision of local exchange carrier telephone service 11 27pursuant to a certificate issued under section 476.29. 11 28 EXPLANATION 11 29 The inclusion of this explanation does not constitute agreement with 11 30 the explanation's substance by the members of the general assembly. 11 31 This bill modifies various provisions relating to the 11 32 utilities division of the department of commerce. 11 33 Current law requires the Iowa utilities board to appoint an 11 34 executive secretary, whose salary is set by the board and who 11 35 takes the same oath as board members. The bill requires the 12 1 board to appoint a chief operating officer (COO) instead of 12 2 an executive secretary. The bill specifies that the role of 12 3 the COO is to manage the operations of the utilities division 12 4 as directed by the board. The bill provides that the board 12 5 shall set the salary of the COO within the limits of the 12 6 law and authorizes the board to employ additional personnel 12 7 as necessary. The bill replaces references to "executive 12 8 secretary" with "COO" in the Code. 12 9 Current law disqualifies a person owning any bonds, stock, 12 10 or property in any railroad company from holding office in the 12 11 utilities board. The bill removes this disqualification. 12 12 The bill removes or replaces references in the Code to 12 13 repealed Code section 476.29, which required telecommunications 12 14 service providers to obtain certification from the board. 12 15 The bill removes the requirement for the board to provide 12 16 the general assembly with a report on certain energy efficiency 12 17 planning efforts to be completed by January 1, 1998. 12 18 The bill strikes Code section 476.6(21), which provides 12 19 cost recovery for certain rate=regulated public utilities for 12 20 undertaking analyses of and preparations for the possible 12 21 construction of nuclear generating facilities in the state. 12 22 Current law allows the board to allocate and charge expenses 12 23 attributable to its duties to a person bringing a proceeding 12 24 before the board or participating in matters before the board. 12 25 The bill allows the board to also allocate and charge expenses 12 26 attributable to its duties to a person subject to inspection 12 27 by the board. 12 28 Current law requires the board to specify certain ratemaking 12 29 principles that will apply to certain electric generating and 12 30 transmission facilities. In doing so the board must find 12 31 that a public utility has demonstrated to the board, through 12 32 a competitive bidding process under rules adopted by the 12 33 board, that its facility or lease is reasonable. The bill 12 34 removes the requirement that a public utility demonstrate the 12 35 reasonableness of its facility or lease through a competitive 13 1 bidding process under rules adopted by the board. 13 2 The bill requires telecommunications services providers 13 3 offering communications service telephone numbers to retail 13 4 customers in the state to register annually with the board. 13 5 An applicant must complete an application for registration 13 6 on a form provided by the board, which shall include contact 13 7 information, the approximate number of service lines provided 13 8 in the state, and any other information deemed necessary by 13 9 the board. The board must issue a nonexclusive acknowledgment 13 10 of compliance within five business days of the receipt of a 13 11 completed application of registration. Such acknowledgment 13 12 shall authorize the registrant to obtain telephone numbers, 13 13 interconnect with other telecommunications providers, cross 13 14 railroad rights=of=way, and provide telecommunications services 13 15 in the state. An acknowledgment is transferrable by filing a 13 16 new or updated registration board. A registrant shall submit 13 17 corrections to the registration form within a reasonable time 13 18 after a change in circumstances if such information would be 13 19 required to be reported in an application. Failure to file and 13 20 maintain an annual registration subjects a telecommunications 13 21 services provider to a civil penalty under Code section 476.51. 13 22 Current law requires the board to impose an annual 13 23 assessment upon all telecommunications carriers in the state 13 24 to fund dual party relay service programs, with the assessment 13 25 rate depending on the type of telecommunications carrier. The 13 26 bill applies the same assessment rate to all telecommunications 13 27 carriers providing service in the state, including but not 13 28 limited to wireless, wireline, and alternative operator service 13 29 providers, at a rate of three cents for each communications 13 30 service telephone number provided in the state. 13 31 Current law requires pipeline companies doing business in 13 32 the state to pay the board an annual inspection fee of 50 13 33 cents for each mile of pipeline located in the state. The 13 34 bill removes this set fee and instead allows the board to 13 35 charge pipeline companies with annual inspection fees that are 14 1 directly attributable to the costs of conducting inspections. 14 2 Current law allows a landowner to petition the county 14 3 board of supervisors to appoint a compensation commission to 14 4 determine damages arising from the construction of certain 14 5 pipelines if the landowner and pipeline company are unable to 14 6 agree on damages. If the compensation commission's assessment 14 7 of damages exceeds 110 percent of the pipeline company's final 14 8 offer prior to the assessment, the pipeline company must pay 14 9 all costs of the assessment, including costs incurred by the 14 10 landowner; if the assessment does not exceed 110 percent of 14 11 the pipeline company's final offer prior to the assessment, 14 12 the landowner must pay the costs incurred by the pipeline 14 13 company. The bill removes provisions requiring a landowner to 14 14 pay the costs incurred by a pipeline company if a compensation 14 15 commission's assessment of damages does not exceed 110 percent 14 16 of the pipeline company's final offer prior to such assessment. LSB 5328SV (3) 87 gh/rn
