Iowa-2017-SF417-Introduced
Senate File 417 - Introduced
SENATE FILE
BY COMMITTEE ON COMMERCE
(SUCCESSOR TO SSB
1045)
(COMPANION TO HF 445
BY COMMITTEE ON
COMMERCE)
A BILL FOR
1 An Act relating to public utilities and other infrastructure,
2 including the confidentiality of certain information
3 relating to cyber security or critical infrastructure, the
4 authority of utilities to make temporary rate changes, and
5 presiding officers at public information meetings held for
6 electric transmission line franchise petitions.
7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 22.7, subsection 45, Code 2017, is
1 2 amended to read as follows:
1 3 45. The critical asset protection plan or any part of the
1 4 plan prepared pursuant to section 29C.8 and any information
1 5 held by the department of homeland security and emergency
1 6 management that was supplied to the department by a public or
1 7 private agency or organization and used in the development
1 8 of the critical asset protection plan to include, but not be
1 9 limited to, surveys, lists, maps, or photographs. However,
1 10 the director shall make the list of assets available for
1 11 examination by any person. A person wishing to examine the
1 12 list of assets shall make a written request to the director
1 13 on a form approved by the director. The list of assets may
1 14 be viewed at the department's offices during normal working
1 15 hours. The list of assets shall not be copied in any manner.
1 16 Communications and asset information not required by law, rule,
1 17 or procedure that are provided to the director by persons
1 18 outside of government and for which the director has signed a
1 19 nondisclosure agreement are exempt from public disclosures.
1 20 The department of homeland security and emergency management
1 21 may provide all or part of the critical asset plan to federal,
1 22 state, or local governmental agencies which have emergency
1 23 planning or response functions if the director is satisfied
1 24 that the need to know and intended use are reasonable. An
1 25 agency receiving critical asset protection plan information
1 26 from the department shall not redisseminate the information
1 27 without prior approval of the director.
1 28 Sec. 2. Section 22.7, Code 2017, is amended by adding the
1 29 following new subsection:
1 30 NEW SUBSECTION. 70. Information and records related to
1 31 cyber security information or critical infrastructure, the
1 32 disclosure of which may expose or create vulnerability to
1 33 critical infrastructure systems, held by the utilities board
1 34 of the department of commerce or the department of homeland
1 35 security and emergency management for purposes relating to the
2 1 safeguarding of telecommunications, electric, water, sanitary
2 2 sewage, storm water drainage, energy, hazardous liquid, natural
2 3 gas, or other critical infrastructure systems. For purposes of
2 4 this subsection, "cyber security information" includes but is
2 5 not limited to information relating to cyber security defenses,
2 6 threats, attacks, or general attempts to attack cyber system
2 7 operations.
2 8 Sec. 3. Section 476.6, subsection 9, paragraph a, Code 2017,
2 9 is amended by striking the paragraph.
2 10 Sec. 4. Section 476.6, subsection 9, paragraph b, Code 2017,
2 11 is amended to read as follows:
2 12 b. A public utility may choose to place in effect temporary
2 13 rates, charges, schedules, or regulations without board review
2 14 on or after ten days after following the filing date under this
2 15 section. If the utility chooses to place such rates, charges,
2 16 schedules, or regulations in effect without board review, the
2 17 utility shall file with the board a bond or other corporate
2 18 undertaking approved by the board conditioned upon the refund
2 19 in a manner prescribed by the board of amounts collected in
2 20 excess of the amounts which would have been collected under
2 21 rates, charges, schedules, or regulations finally approved
2 22 by the board. At the conclusion of the proceeding if the
2 23 board determines that the temporary rates, charges, schedules,
2 24 or regulations placed in effect under this paragraph were
2 25 not based on previously established regulatory principles,
2 26 the board shall consider ordering refunds based upon the
2 27 overpayments made by each individual customer class, rate zone,
2 28 or customer group. If the board has not rendered a final
2 29 decision with respect to suspended rates, charges, schedules,
2 30 or regulations upon the expiration of ten months after the
2 31 filing date, plus the length of any delay that necessarily
2 32 results either from the failure of the public utility to
2 33 exercise due diligence in connection with the proceedings or
2 34 from intervening judicial proceedings, plus the length of any
2 35 extension permitted by section 476.33, subsection 3, then such
3 1 temporary rates, charges, schedules, or regulations placed into
3 2 effect on a temporary basis shall be deemed finally approved
3 3 by the board and the utility may place them into effect on a
3 4 permanent basis.
3 5 Sec. 5. Section 478.2, subsection 2, paragraph a, Code 2017,
3 6 is amended to read as follows:
3 7 a. A member of the board, the counsel of the board, or a
3 8 hearing examiner presiding officer designated by the board
3 9 shall serve as the presiding officer at each meeting, shall
3 10 present an agenda for such meeting which shall include a
3 11 summary of the legal rights of the affected landowners, and
3 12 shall distribute and review the statement of individual rights
3 13 required under section 6B.2A, subsection 1. A formal record of
3 14 the meeting shall not be required.
3 15 EXPLANATION
3 16 The inclusion of this explanation does not constitute agreement with
3 17 the explanation's substance by the members of the general assembly.
3 18 This bill modifies several provisions relating to public
3 19 utility regulation and the confidentiality of certain
3 20 information held by the department of homeland security and
3 21 emergency management and the Iowa utilities board.
3 22 Code section 22.7 lists public records that must be kept
3 23 confidential from public disclosure, including critical asset
3 24 protection plan information held by the department. However,
3 25 Code section 22.7(45) allows the public to examine a list of
3 26 assets made available by the director of the department. The
3 27 bill deletes this provision.
3 28 The bill further amends Code section 22.7 by making
3 29 information and records related to cyber security information
3 30 or critical infrastructure, held by the department and the
3 31 utilities board to safeguard critical infrastructure systems
3 32 described in the bill, confidential from public disclosure.
3 33 "Cyber security information" is defined in the bill to include
3 34 but not be limited to information relating to cyber security
3 35 defenses, threats, attacks, or general attempts to attack cyber
4 1 system operations.
4 2 Code section 476.6(9) authorizes utilities to collect higher
4 3 rates on a temporary basis while the utilities board conducts
4 4 a rate review proceeding. To do so, utilities have the
4 5 option of either first obtaining board review before temporary
4 6 rates are placed into effect, or implementing temporary rates
4 7 without board review within 10 days after filing for temporary
4 8 rates, subject to the board's authority to require refunds for
4 9 overpayment if the board later determines that the temporary
4 10 rates were not based on previously established regulatory
4 11 principles. The bill removes the option for utilities to first
4 12 request board review before implementing temporary rates.
4 13 Therefore, utilities seeking temporary rate changes may do
4 14 so only by implementing the rates, without the board's prior
4 15 approval, on or after 10 days following the filing date with
4 16 the board. If the board fails to make a final decision on
4 17 a temporary rate change within 10 months after filing, the
4 18 temporary rates are deemed approved by the board and may be
4 19 placed into effect on a permanent basis.
4 20 Code chapter 478 requires any person wanting to operate
4 21 and maintain electric transmission lines to file a petition
4 22 for a franchise from the utilities board. Under the process
4 23 described in Code section 478.2, a person must first hold a
4 24 public information meeting in each county where real property
4 25 or rights will be affected, at least 30 days prior to filing a
4 26 petition. Code section 478.2(2)(a) requires either a member of
4 27 the board, the counsel of the board, or a "hearing examiner"
4 28 designated by the board to serve as the presiding officer for
4 29 a public information meeting. The bill replaces the term
4 30 "hearing examiner" with "presiding officer". Therefore, either
4 31 a member of the board, the counsel of the board, or a presiding
4 32 officer designated by the board can serve as the presiding
4 33 officer at a public information meeting.
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