House
File
2307
-
Introduced
HOUSE
FILE
2307
BY
COMMITTEE
ON
COMMERCE
(SUCCESSOR
TO
HSB
530)
A
BILL
FOR
An
Act
relating
to
the
sale
or
acquisition
of
certain
1
utilities.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2307
Section
1.
NEW
SECTION
.
388.2A
Procedure
for
disposal
of
1
city
utility
by
sale.
2
1.
A
proposal
to
discontinue
a
city
utility
and
dispose
of
3
such
utility
by
sale,
whether
upon
the
council’s
own
motion
4
or
upon
the
receipt
of
a
valid
petition
pursuant
to
section
5
388.2,
subsection
1,
paragraph
“b”
,
shall
not
be
submitted
6
to
the
voters
of
the
city
pursuant
to
section
388.2
at
any
7
election
unless
the
governing
body
of
the
city
utility
meets
8
the
requirements
of
this
section.
9
2.
a.
(1)
The
governing
body
of
the
city
utility
shall
10
determine
the
fair
market
value
of
the
utility
system
after
11
obtaining
two
appraisals
of
the
system’s
fair
market
value.
12
One
appraisal
shall
be
obtained
from
an
independent
appraiser
13
selected
by
the
governing
body,
and
the
other
appraisal
shall
14
be
obtained
from
an
independent
appraiser
approved
by
the
15
Iowa
utilities
board.
Both
appraisals
shall
be
conducted
16
in
conformance
with
the
uniform
standards
of
professional
17
appraisal
practice
or
substantially
similar
standards.
18
(2)
Any
appraisal
obtained
pursuant
to
this
paragraph
19
shall
consider
the
depreciated
value
of
the
capital
assets
20
to
be
sold,
the
loss
of
future
revenues
to
the
city
utility,
21
including
the
right
to
generate
surpluses,
and
the
cost
of
any
22
capital
improvements
reasonably
necessary
to
provide
adequate
23
service
and
facilities
to
the
city
utility’s
customers.
24
b.
After
considering
the
appraisals
obtained
pursuant
to
25
paragraph
“a”
,
the
governing
body
shall
establish
the
city
26
utility’s
fair
market
value.
The
fair
market
value
shall
be
27
the
greater
of
any
of
the
following:
28
(1)
The
average
of
the
two
appraisals
obtained
pursuant
to
29
paragraph
“a”
.
30
(2)
The
depreciated
value
of
the
capital
assets
to
be
sold.
31
(3)
The
amount
necessary
to
retire
all
of
the
city’s
32
outstanding
revenue
and
general
obligations
issued
for
purposes
33
of
the
city
utility.
34
c.
The
governing
body’s
determination
of
a
city
utility’s
35
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fair
market
value
pursuant
to
this
subsection
shall
not
be
1
dispositive
of
the
city
utility’s
system
price,
which
shall
be
2
subject
to
negotiation
by
the
governing
body.
3
d.
The
governing
body
shall
prepare
an
inventory
of
the
4
city
utility’s
real
and
personal
property,
and
a
statement
of
5
net
position
or
balance
sheet
of
the
city
utility,
including
6
all
assets,
liabilities,
outstanding
revenue
and
general
7
obligations
used
to
finance
the
city
utility
system.
8
e.
The
governing
body
shall
prepare
a
financial
information
9
statement
of
the
city
utility
that
includes
current
and
10
projected
rate
schedules
for
the
next
five
fiscal
years,
as
11
well
as
the
five
most
recent
fiscal
year
revenue
statements,
if
12
such
statements
exist,
and
a
projection
of
the
city
utility’s
13
revenue
statements
for
the
next
five
fiscal
years.
14
f.
The
governing
body
shall
consider
alternatives
to
15
disposing
of
the
city
utility
system
by
sale,
including
16
entering
into
an
agreement
pursuant
to
chapter
28E,
or
into
a
17
finance
agreement,
purchase
agreement,
or
lease
agreement
with
18
another
entity
described
in
section
476.1,
subsection
5.
19
g.
(1)
The
governing
body
shall
make
available
on
its
20
internet
site,
at
least
sixty
days
prior
to
submitting
a
21
proposal
for
election
pursuant
to
section
388.2,
a
copy
of
each
22
item
listed
in
paragraphs
“a”
through
“f”
of
this
subsection.
23
(2)
If,
at
the
time
of
posting
information
pursuant
to
24
subparagraph
(1),
the
governing
body
has
received
any
offers
or
25
appraisals
of
fair
market
value
from
any
prospective
purchasers
26
of
the
city
utility
system
in
connection
with
a
proposal
to
27
discontinue
the
city
utility
and
dispose
of
such
utility
by
28
sale,
then
the
governing
body
shall
make
available
on
its
29
internet
site
each
offer
and
appraisal
then
in
existence.
30
Proprietary
information
of
a
rate-regulated
public
utility
31
under
chapter
476
that
is
exempt
from
disclosure
pursuant
to
32
section
22.7
may
be
withheld
from
disclosure
on
the
governing
33
body’s
internet
site.
The
governing
body
may
continue
to
34
receive
new
or
revised
offers
or
appraisals
thereafter.
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(3)
The
governing
body
shall
make
a
good-faith
effort
to
1
provide,
by
regular
mail
to
each
property
owner
of
the
city
and
2
each
ratepayer
of
the
city
utility,
a
notice
of
the
proposal
to
3
dispose
of
the
city
utility
by
sale,
a
summary
of
the
proposal,
4
a
summary
of
the
information
described
in
subparagraphs
(1)
and
5
(2),
and
instructions
for
locating
the
information
described
6
in
subparagraphs
(1)
and
(2)
on
the
governing
body’s
internet
7
site.
8
3.
Upon
the
governing
body
meeting
the
requirements
9
of
subsection
2,
a
city
council
may
submit
a
proposal
to
10
discontinue
and
dispose
of
a
city
utility
pursuant
to
section
11
388.2.
12
4.
If
a
proposal
to
discontinue
and
dispose
of
a
city
13
utility
is
to
be
submitted
to
voters
following
the
receipt
14
of
a
valid
petition
pursuant
to
section
388.2,
subsection
1,
15
paragraph
“b”
,
the
council
shall
submit
the
proposal
at
the
next
16
general
election,
regular
city
election,
or
a
special
election
17
called
for
that
purpose,
within
one
hundred
twenty
days
after
18
the
governing
body
of
the
city
utility
meets
the
requirements
19
of
subsection
2.
20
5.
A
proposal
to
discontinue
and
dispose
of
a
city
utility
21
by
sale
that
is
approved
by
the
voters
pursuant
to
section
22
388.2,
subsection
2,
paragraph
“a”
,
shall
not
require
the
23
governing
body
or
any
purchasing
entity
to
finalize
a
sale
of
24
the
city
utility.
25
6.
No
action
may
be
brought
which
questions
the
legality
of
26
the
election
or
the
city
and
governing
body’s
compliance
with
27
this
section,
except
as
provided
in
section
57.1,
within
twenty
28
days
of
the
canvass
of
votes
for
the
election
by
the
county
29
board
of
supervisors.
30
Sec.
2.
Section
476.72,
subsection
4,
Code
2018,
is
amended
31
to
read
as
follows:
32
4.
“Public
utility”
means
a
gas
or
electric
rate-regulated
33
public
utility
providing
electric,
gas,
water,
sanitary
sewage,
34
or
storm
water
drainage
service,
or
any
combination
thereof
.
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Sec.
3.
NEW
SECTION
.
476.84
Water,
sanitary
sewer,
and
1
storm
water
utilities
——
acquisitions
——
advance
ratemaking.
2
1.
This
section
applies
to
the
acquisition
of
water,
3
sanitary
sewer,
and
storm
water
utilities
by
rate-regulated
4
public
utilities.
This
section
does
not
apply
to
the
5
acquisition
of
such
utilities
by
non-rate-regulated
entities
6
described
in
section
476.1,
subsection
5.
7
2.
a.
A
public
utility
shall
not
acquire,
in
whole
or
in
8
part,
a
water,
sanitary
sewer,
or
storm
water
utility
with
a
9
fair
market
value
of
five
hundred
thousand
dollars
or
more
10
from
a
non-rate-regulated
entity
described
in
section
476.1,
11
subsection
5,
unless
the
board
first
approves
the
acquisition.
12
In
addition,
if
the
utility
to
be
acquired
is
a
city
utility,
13
then
the
public
utility
shall
not
acquire
the
city
utility
14
until
the
city
has
first
met
the
requirements
of
section
15
388.2A.
16
b.
If
a
water,
sanitary
sewer,
or
storm
water
utility
that
17
is
the
subject
of
an
acquisition
meets
the
requirements
of
18
paragraph
“a”
,
then
the
acquiring
public
utility
may
apply
to
19
the
board,
prior
to
the
completion
of
the
acquisition,
for
20
advance
approval
of
a
proposed
initial
tariff
for
providing
21
service
to
customers
of
the
acquired
utility.
22
c.
As
part
of
its
review
of
the
proposed
acquisition,
23
the
board
shall
specify
in
advance,
by
order
issued
after
a
24
contested
case
proceeding,
the
ratemaking
principles
that
will
25
apply
when
the
costs
of
the
acquired
utility
are
included
in
26
regulated
rates.
In
determining
the
applicable
ratemaking
27
principles,
the
board
shall
not
be
limited
to
traditional
28
ratemaking
principles
or
traditional
cost
recovery
mechanisms.
29
Among
the
principles
and
mechanisms
the
board
may
consider,
the
30
board
has
the
authority
to
approve
ratemaking
principles
that
31
provide
for
reasonable
restrictions
upon
the
ability
of
the
32
public
utility
to
seek
an
increase
in
specified
regulated
rates
33
for
a
period
of
time
after
the
acquisition
takes
place.
34
d.
In
determining
the
applicable
ratemaking
principles,
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the
board
shall
find
that
the
proposed
acquisition
will
result
1
in
just
and
reasonable
rates
to
all
customers
of
the
public
2
utility,
including
but
not
limited
to
existing
customers
of
the
3
public
utility.
In
making
this
finding,
the
board
may
consider
4
any
factor
it
reasonably
concludes
may
affect
future
rates,
5
including
but
not
limited
to
the
price
paid
for
the
acquired
6
utility
and
the
projected
cost
of
reasonable
and
prudent
7
changes
to
the
acquired
utility
in
order
to
provide
adequate
8
services
and
facilities
to
customers.
The
board
shall
consider
9
whether
there
are
ratemaking
principles
that
will
result
in
10
just
and
reasonable
rates
to
all
customers
in
determining
11
whether
to
approve
or
disapprove
a
proposed
acquisition.
12
e.
Upon
the
approval
of
a
proposal
for
acquisition
by
13
board
order,
the
parties
subject
to
the
acquisition
shall
14
have
the
option
of
either
proceeding
with
such
acquisition
or
15
not,
subject
to
any
termination
provisions
contained
in
the
16
acquisition
agreement.
17
f.
Notwithstanding
any
provision
of
this
chapter
to
the
18
contrary,
the
ratemaking
principles
established
by
the
board
19
pursuant
to
this
section
shall
be
binding
with
regard
to
the
20
acquired
utility
in
any
subsequent
rate
proceeding.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
This
bill
relates
to
the
sale
or
acquisition
of
certain
25
utilities.
26
The
bill
establishes
a
procedure
for
the
disposal
of
city
27
utilities
by
sale.
The
bill
provides
that
a
proposal
to
28
discontinue
a
city
utility
and
dispose
of
such
utility
by
sale
29
shall
not
be
submitted
to
the
voters
of
the
city
pursuant
to
30
Code
section
388.2
unless
the
governing
body
of
the
city
meets
31
the
requirements
of
the
bill.
32
The
bill
requires
the
governing
body
of
the
city
utility
33
to
determine
the
fair
market
value
of
the
utility
system,
as
34
specified
in
the
bill.
The
governing
body’s
determination
of
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the
city
utility’s
fair
market
value
shall
not
be
dispositive
1
of
the
city
utility’s
system
price,
which
shall
be
subject
to
2
negotiation
by
the
governing
body.
3
The
bill
provides
that
the
governing
body
shall
prepare
an
4
inventory
of
the
city
utility’s
real
and
personal
property,
5
and
a
statement
of
net
position
or
balance
sheet,
including
6
all
assets,
liabilities,
and
outstanding
revenue
and
general
7
obligations
used
to
finance
the
city
utility
system.
The
8
bill
also
requires
the
governing
body
to
prepare
a
financial
9
information
statement
of
the
city
utility,
as
specified
in
the
10
bill.
11
The
bill
requires
the
governing
body
to
consider
12
alternatives
to
disposing
of
the
city
utility
by
sale,
13
including
entering
into
an
agreement
pursuant
to
Code
chapter
14
28E,
or
into
a
finance
agreement,
purchase
agreement,
or
lease
15
agreement
with
certain
entities.
16
The
bill
requires
the
governing
body
to
make
certain
17
information
available
on
its
internet
site,
as
specified
in
18
the
bill.
The
bill
also
requires
the
governing
body
to
make
19
a
good-faith
effort
to
provide
certain
information
by
regular
20
mail
to
each
property
owner
of
the
city
and
each
ratepayer
of
21
the
city
utility,
as
specified
in
the
bill.
22
The
bill
provides
that
upon
a
governing
body
meeting
the
23
requirements
specified
in
the
bill,
a
city
council
may
submit
a
24
proposal
to
discontinue
and
dispose
of
a
city
utility
pursuant
25
to
Code
section
388.2.
If
such
a
proposal
is
to
be
submitted
26
to
voters,
the
council
shall
submit
the
proposal
at
the
next
27
general
election,
regular
city
election,
or
a
special
election
28
called
for
that
purpose,
within
120
days
after
the
governing
29
body
meets
the
requirements
of
the
bill.
Any
such
proposal
30
approved
by
the
voters
shall
not
require
the
governing
body
or
31
any
purchasing
entity
to
finalize
a
sale
of
the
city
utility.
32
No
action
may
be
brought
which
questions
the
legality
of
an
33
election
or
the
city
and
governing
body’s
compliance
with
the
34
bill,
except
as
provided
in
Code
section
57.1,
within
20
days
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of
the
canvass
of
votes
by
the
county
board
of
supervisors.
1
The
bill
also
establishes
a
procedure
for
the
acquisition
2
of
water,
sanitary
sewer,
and
storm
water
utilities
by
3
rate-regulated
public
utilities,
as
defined
in
the
bill.
4
The
bill
provides
that
a
public
utility
shall
not
acquire,
5
in
whole
or
in
part,
a
water,
sanitary
sewer,
or
storm
water
6
utility
with
a
fair
market
value
of
$500,000
or
more
from
7
certain
non-rate-regulated
entities,
unless
the
Iowa
utilities
8
board
first
approves
the
acquisition.
If
the
utility
to
be
9
required
is
a
city
utility,
then
the
city
must
first
meet
the
10
requirements
for
the
disposal
of
city
utilities
by
sale,
as
11
specified
in
the
bill,
before
such
acquisition.
12
The
bill
allows
an
acquiring
public
utility
to
apply
to
the
13
board,
prior
to
the
completion
of
an
acquisition
of
a
water,
14
sanitary
sewer,
or
storm
water
utility,
for
advance
approval
of
15
a
proposed
initial
tariff
for
providing
service
to
customers
16
of
the
acquired
utility.
17
The
bill
provides
that
as
part
of
its
review
of
the
proposed
18
acquisition,
the
board
shall
specify
in
advance,
by
order
19
issued
after
a
contested
case
proceeding,
the
ratemaking
20
principles
that
will
apply
when
the
costs
of
the
acquired
21
utility
are
included
in
regulated
rates.
In
determining
such
22
ratemaking
principles,
the
board
shall
not
be
limited
to
23
traditional
ratemaking
principles
or
cost
recovery
mechanisms,
24
and
may
approve
ratemaking
principles
that
provide
for
25
reasonable
restrictions
upon
the
ability
of
the
public
utility
26
to
seek
an
increase
in
specified
regulated
rates
for
a
period
27
of
time.
28
The
bill
provides
that
in
determining
the
applicable
29
ratemaking
principles,
the
board
shall
find
that
the
proposed
30
acquisition
will
result
in
just
and
reasonable
rates
to
all
31
customers,
including
but
not
limited
to
existing
customers.
32
In
making
this
finding,
the
board
may
consider
any
factor
it
33
reasonable
includes
may
affect
future
rates,
as
specified
34
in
the
bill.
The
board
shall
consider
whether
there
are
35
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2307
ratemaking
principles
that
will
result
in
just
and
reasonable
1
rates
to
all
customers
in
determining
whether
to
approve
or
2
disapprove
a
proposed
acquisition.
3
The
bill
provides
that
upon
the
approval
of
a
proposal
4
for
acquisition
by
board
order,
the
parties
subject
to
the
5
acquisition
shall
have
the
option
of
either
proceeding
with
6
the
acquisition
or
not,
subject
to
any
applicable
termination
7
provisions
contained
in
the
acquisition
agreement.
8
The
bill
provides
that
notwithstanding
any
provisions
of
9
Code
chapter
476
to
the
contrary,
the
ratemaking
principles
10
established
by
the
board
pursuant
to
the
bill
shall
be
binding
11
with
regard
to
the
acquired
utility
in
any
subsequent
rate
12
proceeding.
13
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