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Senate File 224

Partial Bill History

Bill Text

PAG LIN
  1  1                                              SENATE FILE 224   
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO PROCEEDINGS BEFORE THE UTILITIES BOARD AND THE
  1  5    PROVISION OF COMPETITIVE UTILITY SERVICES BY ALLOCATING COSTS
  1  6    INCURRED BY THE UTILITIES BOARD AND THE OFFICE OF CONSUMER
  1  7    ADVOCATE TO CERTAIN PERSONS IN CERTAIN PROCEEDINGS RELATED TO
  1  8    PROVIDING COMPETITIVE UTILITY SERVICES, AND BY PROVIDING FOR
  1  9    THE CERTIFICATION OF COMPETITIVE NATURAL GAS PROVIDERS AND
  1 10    AGGREGATORS, AND PROVIDING AN EFFECTIVE DATE.  
  1 11 
  1 12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 13 
  1 14    Section 1.  Section 475A.6, Code 1999, is amended to read
  1 15 as follows:
  1 16    475A.6  CERTIFICATION OF EXPENSES TO UTILITIES DIVISION.
  1 17    The consumer advocate shall determine the advocate's
  1 18 expenses, including a reasonable allocation of general office
  1 19 expenses, directly attributable to participation in
  1 20 proceedings the performance of the advocate's duties involving
  1 21 specific utilities persons subject to direct assessment, and
  1 22 shall certify the expenses to the utilities division not less
  1 23 than quarterly.  The expenses shall then be includable in the
  1 24 expenses of the division subject to direct assessment under
  1 25 section 476.10.
  1 26    The consumer advocate shall annually, within ninety days
  1 27 after the close of each fiscal year, determine the advocate's
  1 28 expenses, including a reasonable allocation of general office
  1 29 expenses, attributable to participation in proceedings
  1 30 involving public utilities the performance of the advocate's
  1 31 duties generally, and shall certify the expenses to the
  1 32 utilities division.  The expenses shall then be includable in
  1 33 the expenses of the division subject to remainder assessment
  1 34 under section 476.10.
  1 35    The consumer advocate is entitled to notice and opportunity
  2  1 to be heard in any utilities board proceeding on objection to
  2  2 an assessment for expenses certified by the consumer advocate.
  2  3 Expenses assessed under this section shall not exceed the
  2  4 amount appropriated for the consumer advocate division of the
  2  5 department of justice.
  2  6    The office of consumer advocate may expend additional
  2  7 funds, including funds for outside consultants, if those
  2  8 additional expenditures are actual expenses which exceed the
  2  9 funds budgeted for utilities investigations and directly
  2 10 result from investigations of utilities the performance of the
  2 11 advocate's duties.  Before the office expends or encumbers an
  2 12 amount in excess of the funds budgeted for investigations, the
  2 13 director of the department of management shall approve the
  2 14 expenditure or encumbrance.  Before approval is given, the
  2 15 director of the department of management shall determine that
  2 16 the investigation expenses exceed the funds budgeted by the
  2 17 general assembly to the office of consumer advocate and that
  2 18 the office does not have other funds from which investigation
  2 19 such expenses can be paid.  Upon approval of the director of
  2 20 the department of management, the office may expend and
  2 21 encumber funds for excess investigation expenses.  The amounts
  2 22 necessary to fund the excess investigation expenses shall be
  2 23 collected from those utilities being investigated or persons
  2 24 which caused the excess expenditures, and the collections
  2 25 shall be treated as repayment receipts as defined in section
  2 26 8.2, subsection 8.
  2 27    Sec. 2.  NEW SECTION.  476.86  DEFINITIONS.
  2 28    As used this section and section 476.87, unless the context
  2 29 otherwise requires:
  2 30    1.  "Aggregator" means a person who combines retail end
  2 31 users into a group and arranges for the acquisition of
  2 32 competitive natural gas services without taking title to those
  2 33 services.
  2 34    2.  "Competitive natural gas provider" means a person who
  2 35 takes title to natural gas and sells it for consumption by a
  3  1 retail end user in the state of Iowa.  "Competitive natural
  3  2 gas provider" includes an affiliate of an Iowa gas utility.
  3  3    "Competitive natural gas provider" does not include the
  3  4 following:
  3  5    a.  A public utility which is subject to rate regulation
  3  6 under chapter 476.
  3  7    b.  A municipally owned utility which provides natural gas
  3  8 service within its incorporated area or within the municipal
  3  9 natural gas competitive service area, as defined in section
  3 10 437A.3, subsection 19, paragraph "a", subparagraph (1), in
  3 11 which the municipally owned utility is located.
  3 12    Sec. 3.  NEW SECTION.  476.87  CERTIFICATION OF COMPETITIVE
  3 13 NATURAL GAS PROVIDERS.
  3 14    1.  The board shall certify all competitive natural gas
  3 15 providers and aggregators providing natural gas services in
  3 16 this state.  In an application for certification, a
  3 17 competitive natural gas provider or aggregator must reasonably
  3 18 demonstrate managerial, technical, and financial capability
  3 19 sufficient to obtain and deliver the services such provider or
  3 20 aggregator proposes to offer.  The board may establish
  3 21 reasonable conditions or restrictions on the certificate at
  3 22 the time of issuance.  The board shall adopt rules to
  3 23 establish specific criteria for certification.  The board
  3 24 shall make a determination on an application for certification
  3 25 within ninety days of its submission, unless the board
  3 26 determines that additional time is necessary to consider the
  3 27 application, in which case the board may extend the time for
  3 28 making a determination for an additional sixty days.
  3 29    2.  The board may resolve disputes involving the provision
  3 30 of natural gas services by a competitive natural gas provider
  3 31 or aggregator.
  3 32    3.  The board shall allocate the costs and expenses
  3 33 reasonably attributable to certification and dispute
  3 34 resolution in this section to persons identified as parties to
  3 35 such proceeding who are engaged in or who seek to engage in
  4  1 providing natural gas services or other persons identified as
  4  2 participants in such proceeding.  The funds received for the
  4  3 costs and the expenses of certification and dispute resolution
  4  4 shall be remitted to the treasurer of state for deposit in the
  4  5 general fund of the state as provided in section 476.10.
  4  6    Sec. 4.  Section 476.101, Code 1999, is amended by adding
  4  7 the following new subsection:
  4  8    NEW SUBSECTION.  10.  In a proceeding associated with the
  4  9 granting of a certificate under section 476.29, approving maps
  4 10 and tariffs for competitive local exchange providers provided
  4 11 for in this section, or in resolving a complaint filed
  4 12 pursuant to subsection 8 and proceedings under 47 U.S.C. }
  4 13 251-254, the board shall allocate the costs and expenses of
  4 14 the proceedings to persons identified as parties in the
  4 15 proceeding who are engaged in or who seek to engage in
  4 16 providing telecommunications services or other persons
  4 17 identified as participants in the proceeding.  The funds
  4 18 received for the costs and the expenses shall be remitted to
  4 19 the treasurer of state for deposit in the general fund of the
  4 20 state as provided in section 476.10.
  4 21    Sec. 5.  CODE EDITOR DIRECTIONS.  The Code editor shall
  4 22 codify new sections 476.86 and 476.87, as enacted in this Act,
  4 23 as a new division in chapter 476 relating to competitive
  4 24 natural gas providers.
  4 25    Sec. 6.  EFFECTIVE DATE.  This Act, being deemed of
  4 26 immediate importance, takes effect upon enactment.  
  4 27 
  4 28 
  4 29                                                             
  4 30                               MARY E. KRAMER
  4 31                               President of the Senate
  4 32 
  4 33 
  4 34                                                             
  4 35                               RON J. CORBETT
  5  1                               Speaker of the House
  5  2 
  5  3    I hereby certify that this bill originated in the Senate and
  5  4 is known as Senate File 224, Seventy-eighth General Assembly.
  5  5 
  5  6 
  5  7                                                             
  5  8                               MICHAEL E. MARSHALL
  5  9                               Secretary of the Senate
  5 10 Approved                , 1999
  5 11 
  5 12 
  5 13                               
  5 14 THOMAS J. VILSACK
  5 15 Governor
     

Text: SF00223                           Text: SF00225
Text: SF00200 - SF00299                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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