House
File
445
-
Enrolled
House
File
445
AN
ACT
RELATING
TO
PUBLIC
UTILITIES
AND
OTHER
INFRASTRUCTURE,
INCLUDING
THE
CONFIDENTIALITY
OF
CERTAIN
INFORMATION
RELATING
TO
CYBER
SECURITY
OR
CRITICAL
INFRASTRUCTURE,
THE
AUTHORITY
OF
UTILITIES
TO
MAKE
TEMPORARY
RATE
CHANGES,
AND
PRESIDING
OFFICERS
AT
PUBLIC
INFORMATION
MEETINGS
HELD
FOR
ELECTRIC
TRANSMISSION
LINE
FRANCHISE
PETITIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
22.7,
subsection
45,
Code
2017,
is
amended
to
read
as
follows:
45.
The
critical
asset
protection
plan
or
any
part
of
the
plan
prepared
pursuant
to
section
29C.8
and
any
information
held
by
the
department
of
homeland
security
and
emergency
House
File
445,
p.
2
management
that
was
supplied
to
the
department
by
a
public
or
private
agency
or
organization
and
used
in
the
development
of
the
critical
asset
protection
plan
to
include,
but
not
be
limited
to,
surveys,
lists,
maps,
or
photographs.
However,
the
director
shall
make
the
list
of
assets
available
for
examination
by
any
person.
A
person
wishing
to
examine
the
list
of
assets
shall
make
a
written
request
to
the
director
on
a
form
approved
by
the
director.
The
list
of
assets
may
be
viewed
at
the
department’s
offices
during
normal
working
hours.
The
list
of
assets
shall
not
be
copied
in
any
manner.
Communications
and
asset
information
not
required
by
law,
rule,
or
procedure
that
are
provided
to
the
director
by
persons
outside
of
government
and
for
which
the
director
has
signed
a
nondisclosure
agreement
are
exempt
from
public
disclosures.
The
department
of
homeland
security
and
emergency
management
may
provide
all
or
part
of
the
critical
asset
plan
to
federal,
state,
or
local
governmental
agencies
which
have
emergency
planning
or
response
functions
if
the
director
is
satisfied
that
the
need
to
know
and
intended
use
are
reasonable.
An
agency
receiving
critical
asset
protection
plan
information
from
the
department
shall
not
redisseminate
the
information
without
prior
approval
of
the
director.
Sec.
2.
Section
22.7,
Code
2017,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
70.
Information
and
records
related
to
cyber
security
information
or
critical
infrastructure,
the
disclosure
of
which
may
expose
or
create
vulnerability
to
critical
infrastructure
systems,
held
by
the
utilities
board
of
the
department
of
commerce
or
the
department
of
homeland
security
and
emergency
management
for
purposes
relating
to
the
safeguarding
of
telecommunications,
electric,
water,
sanitary
sewage,
storm
water
drainage,
energy,
hazardous
liquid,
natural
gas,
or
other
critical
infrastructure
systems.
For
purposes
of
this
subsection,
“cyber
security
information”
includes
but
is
not
limited
to
information
relating
to
cyber
security
defenses,
threats,
attacks,
or
general
attempts
to
attack
cyber
system
operations.
Sec.
3.
Section
476.6,
subsection
9,
paragraph
a,
Code
2017,
is
amended
by
striking
the
paragraph.
Sec.
4.
Section
476.6,
subsection
9,
paragraph
b,
Code
2017,
House
File
445,
p.
3
is
amended
to
read
as
follows:
b.
A
public
utility
may
choose
to
place
in
effect
temporary
rates,
charges,
schedules,
or
regulations
without
board
review
on
or
after
ten
days
after
following
the
filing
date
under
this
section
.
If
the
utility
chooses
to
place
such
rates,
charges,
schedules,
or
regulations
in
effect
without
board
review
,
the
utility
shall
file
with
the
board
a
bond
or
other
corporate
undertaking
approved
by
the
board
conditioned
upon
the
refund
in
a
manner
prescribed
by
the
board
of
amounts
collected
in
excess
of
the
amounts
which
would
have
been
collected
under
rates,
charges,
schedules,
or
regulations
finally
approved
by
the
board.
At
the
conclusion
of
the
proceeding
if
the
board
determines
that
the
temporary
rates,
charges,
schedules,
or
regulations
placed
in
effect
under
this
paragraph
were
not
based
on
previously
established
regulatory
principles,
the
board
shall
consider
ordering
refunds
based
upon
the
overpayments
made
by
each
individual
customer
class,
rate
zone,
or
customer
group.
If
the
board
has
not
rendered
a
final
decision
with
respect
to
suspended
rates,
charges,
schedules,
or
regulations
upon
the
expiration
of
ten
months
after
the
filing
date,
plus
the
length
of
any
delay
that
necessarily
results
either
from
the
failure
of
the
public
utility
to
exercise
due
diligence
in
connection
with
the
proceedings
or
from
intervening
judicial
proceedings,
plus
the
length
of
any
extension
permitted
by
section
476.33,
subsection
3,
then
such
temporary
rates,
charges,
schedules,
or
regulations
placed
into
effect
on
a
temporary
basis
shall
be
deemed
finally
approved
by
the
board
and
the
utility
may
place
them
into
effect
on
a
permanent
basis.
Sec.
5.
Section
478.2,
subsection
2,
paragraph
a,
Code
2017,
is
amended
to
read
as
follows:
a.
A
member
of
the
board,
the
counsel
of
the
board,
or
a
hearing
examiner
presiding
officer
designated
by
the
board
shall
serve
as
the
presiding
officer
at
each
meeting,
shall
present
an
agenda
for
such
meeting
which
shall
include
a
summary
of
the
legal
rights
of
the
affected
landowners,
and
shall
distribute
and
review
the
statement
of
individual
rights
required
under
section
6B.2A,
subsection
1
.
A
formal
record
of
the
meeting
shall
not
be
required.
House
File
445,
p.
4
______________________________
LINDA
UPMEYER
Speaker
of
the
House
______________________________
JACK
WHITVER
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
445,
Eighty-seventh
General
Assembly.
______________________________
CARMINE
BOAL
Chief
Clerk
of
the
House
Approved
_______________,
2017
______________________________
TERRY
E.
BRANSTAD
Governor