SF 2160 (LSB 6196XS (2) 88)

SENATE FILE 2160

BY  ZUMBACH

A BILL FOR

An Act relating to public utility billing practices. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 476.1A, subsection 2, Code 2020, is amended to read as follows:
   2.  However, sections 476.8A, 476.20, subsections 1 through 4, 476.21,  476.51, 476.56, 476.62, and 476.66 and chapters 476A and 478, to the extent applicable, apply to such electric utilities.
    Sec. 2.  Section 476.1B, subsection 1, Code 2020, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  m.  Enforcement of section 476.8A.
    Sec. 3.  Section 476.1B, subsection 3, Code 2020, is amended to read as follows:
   3.  Unless otherwise specifically provided by statute, a municipally owned utility providing local exchange services is not subject to regulation by the board under this chapter except for regulatory action pertaining to the enforcement of sections 476.8A,  476.95, 476.95A, 476.95B, 476.100, and 476.102.
    Sec. 4.  Section 476.1C, subsection 1, paragraph a, Code 2020, is amended to read as follows:
   a.  Are not subject to the regulation authority of the utilities board under this chapter unless otherwise specifically provided. Sections 476.8A, 476.10, 476.20, 476.21, and 476.51 apply to such gas utilities.
    Sec. 5.  NEW SECTION.  476.8A  Public utility billing —— impermissible charges.
   Notwithstanding any other provision of law to the contrary, a public utility shall not charge a customer for, or attempt to collect from a customer, any amounts attributable to services provided by the public utility to the customer more than one year ago, unless, as part of its normal billing practices, the public utility previously attempted to collect the amounts within one year after the public utility provided the services. For purposes of this section, “public utility” includes a person who furnishes solid waste collection to the public for compensation.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the billing practices of providers of public utilities.
   In addition to the definition of “public utility” provided in Code section 476.1A, the bill defines a “public utility” to include a person who furnishes solid waste collection to the public for compensation. 
   The bill prohibits a public utility from charging a customer for services provided by the public utility to the customer more than one year ago, unless, as part of its normal billing practices, the public utility previously attempted to collect on the charges associated with such services within one year after the public utility provided the services.
   The bill also amends Code sections 476.1A, subsection 2; 476.1B, subsections 1 and 3; and 476.1C, subsection 1, paragraph “a”, to provide that this prohibition applies to electric public utilities having fewer than 10,000 customers, electric cooperative corporations and associations, municipally owned utilities furnishing gas or electricity, municipally owned utilities providing local exchange services, and gas public utilities having fewer than 2,000 customers.