Bill Text: IA SF2355 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the regulation of specified gas and electric utilities.(Formerly SSB 3125.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2022-03-17 - Placed on calendar under unfinished business. S.J. 553. [SF2355 Detail]
Download: Iowa-2021-SF2355-Introduced.html
Senate
File
2355
-
Introduced
SENATE
FILE
2355
BY
COMMITTEE
ON
COMMERCE
(SUCCESSOR
TO
SSB
3125)
A
BILL
FOR
An
Act
relating
to
the
regulation
of
specified
gas
and
electric
1
utilities.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
364.3,
subsection
13,
paragraph
b,
1
subparagraph
(2),
Code
2022,
is
amended
to
read
as
follows:
2
(2)
Paragraph
“a”
does
not
apply
to
an
ordinance,
motion,
3
resolution,
or
amendment
relating
to
the
rates,
services,
or
4
governance
of
a
municipally
owned
public
utility
providing
5
gas
service
to
the
public
for
compensation
and
subject
to
6
the
jurisdiction
of
the
utilities
board
of
the
department
of
7
commerce
pursuant
to
section
476.1B
476.1A
.
8
Sec.
2.
Section
476.1A,
Code
2022,
is
amended
by
striking
9
the
section
and
inserting
in
lieu
thereof
the
following:
10
476.1A
Applicability
of
authority
——
certain
utilities.
11
1.
For
purposes
of
this
section,
unless
the
context
12
otherwise
requires:
13
a.
“Engineering
standards”
means
standards
adopted
by
the
14
American
national
standards
institute,
or
the
institute
of
15
electrical
and
electronics
engineers,
rural
utilities
service,
16
or
comparable
engineering
organization
or
engineering
standards
17
adopted
by
the
board.
18
b.
“Safety
standards”
means
applicable
regulations
19
promulgated
by
the
United
States
occupational
safety
and
health
20
administration
and
by
Iowa
occupational
safety
and
health
21
administration
and
outage
notifications.
Safety
standards
for
22
electric
utilities
subject
to
this
section
also
include
those
23
contained
in
the
national
electric
safety
code,
as
published
by
24
the
institute
of
electrical
and
electronic
engineers,
inc.
and
25
approved
by
the
American
national
standards
institute.
Safety
26
standards
for
municipal
gas
utilities
subject
to
this
section
27
include
the
pipeline
safety
rules
contained
in
the
federal
28
regulations
at
49
C.F.R.
pts.
191
–
193
and
199.
29
2.
Electric
public
utilities
having
fewer
than
ten
thousand
30
customers,
electric
cooperative
corporations
and
associations,
31
and
municipally
owned
utilities
furnishing
gas
or
electricity
32
are
not
subject
to
the
regulation
authority
of
the
board,
33
except
for
regulatory
action
pertaining
to
the
following:
34
a.
Assessment
of
fees
for
the
support
of
the
division
and
35
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the
office
of
consumer
advocate,
pursuant
to
section
476.10.
1
b.
Safety
standards.
2
c.
Procedures
and
requirements
for
disconnection
of
service,
3
as
set
forth
in
section
476.20,
subsections
1
through
4.
4
d.
Assigned
area
of
service,
as
set
forth
in
sections
476.22
5
through
476.26.
6
e.
Public
utility
railroad
crossings,
as
set
forth
in
7
section
476.27.
8
f.
Filing
alternate
energy
purchase
program
plans
with
the
9
board,
and
offering
such
programs
to
customers,
pursuant
to
10
section
476.47.
11
g.
Civil
penalties
pursuant
to
section
476.51.
12
h.
Providing
energy
cost
information
pursuant
to
section
13
476.56.
14
i.
Distributed
generation
interconnection
safety
pursuant
to
15
section
476.58,
subsections
3
and
4.
16
j.
Utility-owned
exterior
flood
lighting
pursuant
to
section
17
476.62.
18
k.
Customer
contribution
funds
pursuant
to
section
476.66.
19
l.
Chapters
476A
and
478,
to
the
extent
applicable.
20
3.
Electric
public
utilities
having
fewer
than
ten
21
thousand
customers
and
electric
cooperative
corporations
and
22
associations
are
also
subject
to
the
regulation
authority
of
23
the
board
for
engineering
standards
for
equipment,
operations,
24
and
procedures
and
shall
be
subject
to
section
476.21.
25
a.
This
subsection
shall
not
apply
to
a
municipally
owned
26
utility.
27
b.
This
subsection
shall
apply
to
an
electric
power
agency
28
as
defined
in
chapter
28F
and
section
390.9
that
includes
29
as
a
member
a
city
or
municipally
owned
utility
that
builds
30
transmission
facilities
after
July
1,
2001,
and
is
subject
to
31
applicable
transmission
reliability
rules
or
standards
adopted
32
by
the
board
for
those
facilities.
33
4.
The
board
may
hear
complaints
regarding
the
practices,
34
facilities,
or
services
of
public
utilities
subject
to
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this
section.
Such
complaints
shall
be
limited
solely
to
1
matters
directly
related
to
the
regulatory
actions
listed
2
in
subsections
2
through
4.
After
a
complaint
is
submitted
3
to
the
board
or
filed
by
the
board
upon
its
own
motion,
the
4
written
complaint
shall
be
forwarded
by
the
board
to
the
public
5
utility.
The
public
utility
shall
be
called
upon
to
satisfy
6
the
complaint
or
to
answer
it
in
writing
within
a
reasonable
7
time
to
be
specified
by
the
board.
8
a.
Copies
of
the
written
complaint
forwarded
by
the
board
to
9
the
public
utility
and
copies
of
all
correspondence
from
the
10
public
utility
in
response
to
the
complaint
shall
be
provided
11
by
the
board
in
an
expeditious
manner
to
the
consumer
advocate.
12
(1)
If
the
board
determines
the
public
utility’s
response
13
is
inadequate
and
there
appears
to
be
reasonable
ground
for
14
investigating
the
complaint,
the
board
shall
promptly
initiate
15
a
formal
proceeding.
16
(2)
If
the
consumer
advocate
determines
the
public
17
utility’s
response
to
the
complaint
is
inadequate,
the
consumer
18
advocate
may
file
a
petition
with
the
board
which
shall
19
promptly
initiate
a
formal
proceeding
if
the
board
determines
20
that
there
is
any
reasonable
ground
for
investigating
the
21
complaint.
22
(3)
The
complainant
or
the
public
utility
may
petition
the
23
board
to
initiate
a
formal
proceeding
and
such
petition
shall
24
be
granted
if
the
board
determines
that
there
is
any
reasonable
25
ground
for
investigating
the
complaint.
26
b.
The
formal
proceeding
may
be
initiated
at
any
time
by
27
the
board
on
its
own
motion.
If
a
proceeding
is
initiated
28
upon
petition
filed
by
the
consumer
advocate,
complainant,
29
or
the
public
utility,
or
upon
the
board’s
own
motion,
the
30
board
shall
set
the
case
for
hearing
and
give
notice
as
it
31
deems
appropriate.
When
the
board,
after
a
hearing
held
after
32
reasonable
notice,
finds
a
public
utility’s
practices
or
33
services
over
which
it
exercises
regulatory
authority
pursuant
34
to
subsections
2
through
4
are
in
violation
of
law,
the
board
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shall
determine
reasonable
practices,
services,
or
regulations
1
to
be
observed
and
enforced.
2
5.
Electric
public
utilities
having
fewer
than
ten
3
thousand
customers
and
electric
cooperative
corporations
and
4
associations
under
this
section
shall
not
make
or
grant
any
5
unreasonable
preferences
or
advantages
as
to
rates
or
services
6
to
any
person
or
subject
any
person
to
any
unreasonable
7
prejudice
or
disadvantage.
This
subsection
shall
not
apply
to
8
municipal
utilities
subject
to
section
388.6.
9
6.
The
board
of
directors
or
the
membership
of
an
electric
10
cooperative
otherwise
exempt
from
rate
regulation
may
11
elect
to
have
the
cooperative’s
corporation
or
association
12
rates
regulated
by
the
board.
The
board
shall
adopt
rules
13
prescribing
the
manner
in
which
the
board
of
directors
or
the
14
membership
of
an
electric
cooperative
may
so
elect.
15
a.
If
the
board
of
directors
or
the
membership
of
an
16
electric
cooperative
has
elected
to
have
the
cooperative’s
17
rates
regulated
by
the
board,
after
two
years
have
elapsed
from
18
the
effective
date
of
such
election
the
board
of
directors
or
19
the
membership
of
an
electric
cooperative
may
elect
to
exempt
20
the
cooperative
from
the
rate
regulation
authority
of
the
21
board.
22
b.
If
the
membership
of
an
electric
cooperative
elected
to
23
have
the
cooperative’s
rates
regulated
by
the
board,
only
the
24
membership
may
elect
to
exempt
the
cooperative
from
the
rate
25
regulation
authority
of
the
board.
26
7.
A
municipal
utility
providing
local
exchange
services
27
is
not
subject
to
regulation
by
the
board
under
this
chapter
28
except
for
regulatory
action
pertaining
to
the
enforcement
of
29
sections
476.10,
476.95,
476.95A,
476.95B,
476.100,
476.102,
30
and
476.103.
31
8.
The
Iowa
utilities
board
does
not
have
direct
or
indirect
32
rate
authority
over
the
utilities
in
this
section,
unless
an
33
electric
cooperative
has
elected
rate
regulation
authority.
34
For
purposes
of
this
section,
“rate”
means
the
same
as
defined
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in
section
384.80
and
also
includes
the
charges
for
services
1
provided
by
utilities
subject
to
this
chapter.
2
Sec.
3.
Section
476.2,
subsection
4,
Code
2022,
is
amended
3
to
read
as
follows:
4
4.
The
board
shall
have
authority
,
to
the
extent
reasonably
5
necessary
to
implement
the
provisions
of
this
chapter,
to
6
inquire
into
the
management
of
the
business
of
all
public
7
utilities
that
are
subject
to
regulation
pursuant
to
this
8
chapter
,
and
shall
keep
itself
informed
as
to
the
manner
and
9
method
in
which
the
same
such
business
is
conducted,
and
may
10
obtain
from
any
public
utility
all
necessary
the
information
11
reasonably
necessary
to
enable
the
board
to
perform
its
duties
,
12
as
provided
in
this
chapter
.
13
Sec.
4.
Section
476.20,
subsection
3,
paragraph
a,
Code
14
2022,
is
amended
to
read
as
follows:
15
a.
The
board
shall
establish
adopt
rules
which
shall
16
be
uniform
with
respect
to
all
public
utilities
furnishing
17
gas
or
electricity
relating
to
establishing
the
procedures
18
and
requirements
for
disconnection
of
service.
The
rules
19
adopted
by
the
board
shall
be
uniform
with
respect
to
all
20
rate-regulated
public
utilities
furnishing
gas
or
electricity.
21
The
rules
adopted
by
the
board
shall
reflect
the
limited
22
scope
of
the
board’s
jurisdiction
pursuant
to
section
476.1A.
23
This
subsection
applies
both
to
regulated
rate-regulated
24
utilities
,
utilities
over
which
the
board’s
jurisdiction
is
25
limited
by
section
476.1A,
and
to
municipally
owned
utilities
26
and
unincorporated
villages
which
own
their
own
distribution
27
systems,
and
violations
of
this
subsection
subject
the
28
utilities
to
civil
penalties
under
section
476.51
.
29
Sec.
5.
Section
476.58,
subsections
3
and
4,
Code
2022,
are
30
amended
to
read
as
follows:
31
3.
Procedures
and
requirements
provided
in
rules
adopted
32
pursuant
to
subsection
2
shall
apply
to
all
electric
utilities
33
and
all
interconnection
customers
in
this
state.
However,
34
only
those
rule
provisions
concerning
interconnections
between
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distributed
generation
facilities
and
electric
distribution
1
systems
and
safety
issues
shall
apply
to
utilities
over
which
2
the
board’s
jurisdiction
is
limited
by
section
476.1A
or
3
476.1B
.
4
4.
This
section
shall
not
be
construed
to
expand
the
5
board’s
jurisdiction
over
a
utility
over
which
the
board’s
6
jurisdiction
is
limited
by
section
476.1A
or
476.1B
.
This
7
section
shall
not
be
construed
to
authorize
the
board
to
8
require
that
an
installation
or
connection
of
a
distributed
9
generation
facility,
disconnection
device,
or
interconnection
10
between
a
distributed
generation
facility
and
an
electric
11
distribution
system
be
performed
by
a
licensed
electrician,
12
installer,
or
professional
engineer.
This
section
shall
not
13
be
construed
to
require
inspection
of
a
distributed
generation
14
facility,
disconnection
device,
or
interconnection
between
a
15
distributed
generation
facility
and
an
electric
distribution
16
system
pursuant
to
chapter
103
.
17
Sec.
6.
REPEAL.
Section
476.1B,
Code
2022,
is
repealed.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
This
bill
relates
to
the
regulatory
authority
of
the
Iowa
22
utilities
board
regarding
specified
gas
and
electric
utilities.
23
The
bill
provides
that
municipally
owned
gas
or
utility
24
companies,
electric
public
utilities
having
less
than
25
10,000
customers,
and
electric
cooperative
corporations
and
26
associations
shall
not
be
subject
to
the
regulation
authority
27
of
the
board
except
for
the
assessment
of
fees
for
the
28
support
of
the
office
of
consumer
advocate,
safety
standards,
29
assigned
areas
of
service,
public
utility
railroad
crossings,
30
procedures
for
the
disconnection
of
service,
alternative
31
energy
program
plans
filed
with
the
board,
specified
civil
32
penalties,
energy
cost
information,
distributed
generation
33
interconnection
safety,
utility-owned
exterior
flood
lighting,
34
customer
contribution
funds,
and
electric
power
generation
and
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transmission
under
Code
chapter
476A
and
electric
transmission
1
lines
under
Code
chapter
478.
2
The
bill
provides
that
electric
public
utilities
with
less
3
than
10,000
customers
and
electric
cooperative
corporations
4
and
associations,
and
certain
electric
power
agencies
are
5
subject
to
board
regulation
for
engineering
standards
and
are
6
prohibited
from
discriminatory
rates
or
charges
under
Code
7
section
476.21.
This
provision
is
inapplicable
to
municipal
8
utilities.
9
The
bill
provides
that
an
electric
cooperative
not
subject
10
to
rate
regulation
may
elect
to
have
their
rates
regulated
11
by
the
board.
After
two
years,
rate
regulation
may
be
12
reconsidered.
If
the
membership
of
the
electric
cooperative
13
chooses
to
have
the
rates
regulated,
only
the
membership
may
14
elect
to
be
exempt
from
regulation.
15
The
bill
provides
that
a
municipal
utility
providing
local
16
exchange
services
is
not
subject
to
regulation
by
the
board
17
except
for
regulatory
action
pertaining
to
Code
sections
18
476.10,
476.95,
476.95A,
476.95B,
476.100,
476.102,
and
19
476.103.
20
The
bill
provides
that
electric
public
utilities
with
less
21
than
10,000
customers
and
electric
cooperative
corporations
22
and
associations
shall
not
make
or
grant
any
unreasonable
23
preferences
or
advantages
as
to
rates
or
services
to
any
24
person
or
subject
any
person
to
any
unreasonable
prejudice
or
25
disadvantage.
The
bill
provides
that
this
bill
does
not
apply
26
to
municipal
utilities
subject
to
the
prohibition
relating
to
27
discrimination
in
rates
specified
in
Code
section
388.6.
28
The
bill
establishes
a
written
complaint
and
response
29
process.
Both
the
board
and
the
division
of
the
office
30
of
the
consumer
advocate
may
determine
if
the
utility’s
31
response
is
inadequate
and
initiate
further
action.
The
bill
32
establishes
practices
and
procedures
for
a
formal
action
filed
33
by
complainants.
34
The
bill
provides
that
the
board
shall
adopt
rules
35
-7-
LSB
5465SV
(2)
89
es/rn
7/
8
S.F.
2355
establishing
procedures
and
requirements
for
public
utilities
1
supplying
gas
or
electricity
and
to
utilities
over
which
the
2
board’s
jurisdiction
is
limited
by
the
bill
relating
to
the
3
disconnection
of
service.
These
rules
must
be
uniform
for
all
4
rate-regulated
public
utilities.
5
-8-
LSB
5465SV
(2)
89
es/rn
8/
8
