1999 Summary of Legislation Published by the Iowa General Assembly -- Legislative Service Bureau

ENERGY AND PUBLIC UTILITIES

ENERGY AND PUBLIC UTILITIES LEGISLATION

SENATE FILE 224 - Utilities - Cost of Board Proceedings - Competitive Utility Services(full text of act)

BY COMMITTEE ON COMMERCE. This Act amends provisions related to proceedings before the Utilities Board, the provision of competitive utility services, and the allocation of costs, incurred by the Utilities Board and the Office of Consumer Advocate, to participants in certain proceedings before the Utilities Board.

New Code Sections 476.86 and 476.87 are created and provide for the certification of competitive natural gas providers and aggregators. A "competitive natural gas provider" is defined as a person who takes title to natural gas and sells for consumption to retail end users. A competitive natural gas provider does not include a rate-regulated gas utility or a municipal utility that provides natural gas service only within its incorporated area or within the municipal natural gas competitive service area.

The Act also provides for the allocation and assessment of costs incurred by the Office of Consumer Advocate directly attributable to the performance of the advocate's duties involving persons subject to direct assessment by the Utilities Division of the Department of Commerce.

The Act takes effect April 14, 1999.

HOUSE FILE 588 - Telecommunications - Service Changes(full text of act)

BY COMMITTEE ON COMMERCE AND REGULATION. This Act creates new Code Section 476.103 and new Code Chapter 714D, relating to unauthorized provision of or changes in telecommunications services, and to fraudulent acts associated with the lease, sale or advertisement of telecommunications service, or with the solicitation of authority to provide or execute a change of telecommunications service or provider.

The Act authorizes the Utilities Board to adopt rules to protect consumers from unauthorized changes in telecommunications services. The board's rules must provide that a submitting service provider obtain verification of customer authorization of a change in service before submitting such change in service; the verification may be appropriate under the circumstances for all other changes in service; the verification must be in written, oral or electronic form, and the verification must be performed by a qualified third party; the verification must be retained for a reasonable time period as determined by the board; and a customer must be notified of any change in service. The rules must also address the potential liability, including assessment of damages, for an unauthorized change in service among the customer, previous service provider, executing service provider, and submitting service provider; the encouragement of service providers to resolve customer complaints without involvement of the board; the prompt reversal of unauthorized changes in service; and procedures for a customer, service provider, or the Consumer Advocate to submit to the board complaints of unauthorized changes in service.

The board, in addition to its authority to impose civil penalties under Code Section 476.51, may impose a civil penalty against a service provider who violates a provision of new Code Section 476.103, a rule adopted pursuant to the section, or an order lawfully issued by the board pursuant to the section. The amount of the civil penalty must not be more than $10,000 per violation.

New Code Chapter 714D establishes prohibitions on the act, use or employment by a person of deception or unfair practices associated with the lease, sale or advertisement of telecommunications service, or in connection with the solicitation of authority to provide or execute a change of telecommunications service; the use of a sweepstakes box to solicit authority to provide or execute a change of a person's telecommunications service; the use of forms or documents which are to be used or intended to be used by another person to enter a sweepstakes, contest or drawing of any description, as written authority to provide or execute a change of a person's telecommunications service; and the soliciting or providing of a telecommunications service to another person through or in conjunction with a sweepstakes, contest or drawing without clearly, conspicuously and fully disclosing in all direct mail solicitations to the other person the fact that the sweepstakes, contest or drawing is intended to solicit authority to provide or execute a change of telecommunications service.

The Act also provides a consumer cause of action and for civil enforcement of the chapter by the Attorney General. The Act provides that the Attorney General may exercise the enforcement powers applicable to consumer fraud established in Code Section 714.16, with respect to a violation of new Code Chapter 714D. The remedies provided are in addition to any other remedies provided by law.

HOUSE FILE 700 - Unpaid Charges for City Water, Sewage, and Solid Waste Services(full text of act)

BY COMMITTEE ON JUDICIARY. This Act amends provisions relating to city utility or city enterprise service accounts that become delinquent. The Act provides that if city utility or enterprise service is discontinued to a property or premises due to a delinquent account, service may be withheld from the same account holder at any new property or premises until the delinquent amount has been paid. The Act eliminates the lien on residential rental property for unpaid rates or charges associated with water service if the landlord gives written notice to the city utility or enterprise that the property is residential rental property and that the tenant is liable for such rates or charges.

RELATED LEGISLATION

SENATE FILE 114 -- All-Terrain Vehicles and Snowmobiles - Railroad Rights-of-Way - Utility Employees (Complete summary under TRANSPORTATION.)

This Act amends Code Section 321G.13, relating to the operation of all-terrain vehicles and snowmobiles, to provide that an employee of a utility who is authorized to enter upon a railroad right-of-way in the lawful performance of the employee's duties is excepted from the prohibition on operating all-terrain vehicles and snowmobiles on railroad rights-of-way. Currently, only law enforcement officers and railroad employees are excepted from the prohibition.

SENATE FILE 136 -- Tax Administration and Related Matters (Complete summary under TAXATION.)

This Act amends various provisions of state and local tax law. The Act provides that the sales tax exemption for providing transportation service does not apply to the transportation of electric energy, effective May 20, 1999, and does not apply to the transportation of natural gas, effective April 1, 2000. The Act exempts from both of the local option sales and services taxes, effective April 1, 2000, the sale or use of natural gas, natural gas service, electricity, or electric service in a city or county where these items are subject to a franchise fee or user fee during the period such fee is imposed. The Act provides that when a local option sales and services tax is imposed, effective April 1, 2000, a local excise tax shall also be imposed on the purchase price of natural gas, natural gas service, electricity, and electric service subject to the state use tax; and this excise tax shall be imposed on the same basis as the state use tax. The Act exempts from both of the local option sales and services taxes, effective April 1, 2000, the sale or use of natural gas, natural gas service, electricity, or electric service in a city or county where these items are subject to a franchise fee or user fee during the period such fee is imposed. Provisions that do not specify an effective or applicability date take effect May 20, 1999.

SENATE FILE 160 -- Pipelines - Construction - Land Restoration (Complete summary under ENVIRONMENTAL PROTECTION.)

This Act provides procedures relating to the restoration of land during and after construction on pipelines, interstate natural gas pipelines, and hazardous liquid pipelines. The Act takes effect June 1, 1999.

SENATE FILE 190 -- City Cable Communication Utilities - Requirements (Complete summary under LOCAL GOVERNMENT.)

This Act provides that a city which operates a cable communications system shall manage the right-of-way on a competitively neutral and nondiscriminatory basis.

SENATE FILE 283 -- Federal Block Grant Appropriations (Complete summary under APPROPRIATIONS.)

This Act appropriates federal block grant and other nonstate moneys to various state agencies for the federal fiscal year beginning October 1, 1999, and ending September 30, 2000, and for the state fiscal year beginning July 1, 1999, and ending June 30, 2000. The Act includes approximately $20 million in funding for the Low-Income Home Energy Assistance Program.

SENATE FILE 392 -- Telecommunications - City Utilities (Complete summary under LOCAL GOVERNMENT.)

This Act provides that a city utility includes telecommunications systems or services offered separately or combined with certain other city systems or services. The Act establishes certain restrictions and requirements on a municipal utility providing local exchange services. The Act takes effect April 26, 1999, and applies retroactively to July 1, 1993. City elections held after June 30, 1993, for the purpose of voting on the question of offering communications or telecommunications systems or services, are deemed to be valid for the purpose of offering such systems or services.

HOUSE FILE 115 -- City and City Utility Public Improvement Contracts - Early Completion Incentives (Complete summary under LOCAL GOVERNMENT.)

This Act authorizes a county, city, or governing board of a city utility to offer enhancement payments for early completion of a public improvement if the availability of enhancements is known to all potential bidders, the enhancements are competitively neutral, the enhancements are considered separately at the public hearing on the award of contract, and the enhancements do not exceed 10 percent of the value of the contract.

HOUSE FILE 332 -- Appropriations - Energy Conservation Programs Funding (Complete summary under APPROPRIATIONS.)

This Act appropriates moneys for FY 1999-2000 from the Energy Conservation Trust, which receives deposits of settlements from oil overcharge refunds, to the Division of Community Action Agencies of the Department of Human Rights for energy conservation programs for low-income persons, and to the Department of Natural Resources for the State Energy Program and for administration of petroleum overcharge programs.

© 1998 Cornell College and League of Women Voters of Iowa

Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: SAT July 10 1999
sw/sam