Senate
File
2312
-
Introduced
SENATE
FILE
2312
BY
COMMITTEE
ON
COMMERCE
(SUCCESSOR
TO
SSB
3008)
(COMPANION
TO
HF
2452
BY
COMMITTEE
ON
COMMERCE)
A
BILL
FOR
An
Act
relating
to
the
disposal
and
acquisition
of
city
water
1
utilities,
including
at-risk
systems.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5204SV
(2)
88
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S.F.
2312
Section
1.
NEW
SECTION
.
455B.199D
At-risk
utility
systems.
1
1.
For
purposes
of
this
section,
“at-risk
system”
means
a
2
city
drinking
water,
sanitary
sewage,
or
storm
water
drainage
3
system
that
the
city
determines
meets
any
of
the
following
4
criteria:
5
a.
The
system
serves
a
disadvantaged
community
as
described
6
in
section
455B.199B.
7
b.
The
system
includes
a
water
treatment
plant,
water
8
distribution
system,
or
wastewater
treatment
plant
that
has
9
not
been
operated
by
a
competent
operator
pursuant
to
section
10
455B.223
within
the
previous
twelve
months.
11
c.
The
system
violated
one
or
more
state
or
federal
12
statutory
or
regulatory
requirements
in
a
manner
that
affects
13
the
safety,
adequacy,
or
efficiency
of
its
services
or
14
facilities.
15
2.
A
new
owner
of
an
at-risk
system
following
disposal
of
16
the
system
by
sale
pursuant
to
section
388.2A
may
provide
to
17
the
department
proof
of
the
availability
of
financial
resources
18
to
meet
system
upgrade
requirements
and
a
revised
timetable
19
for
compliance
with
department
rules.
The
department
shall
20
agree
to
the
revised
timetable
if
the
department
determines
21
the
revised
timetable
is
reasonable
based
on
the
information
22
provided
by
the
new
owner.
23
Sec.
2.
Section
476.84,
subsection
2,
Code
2020,
is
amended
24
by
adding
the
following
new
paragraph:
25
NEW
PARAGRAPH
.
0e.
If
the
acquisition
involves
a
utility
26
that
is
an
at-risk
system
as
defined
in
section
455B.199D,
the
27
board
shall
issue
a
final
order
on
an
application
for
approval
28
of
the
acquisition
within
one
hundred
eighty
days
of
the
filing
29
date
of
the
application.
30
EXPLANATION
31
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
32
the
explanation’s
substance
by
the
members
of
the
general
assembly.
33
This
bill
relates
to
the
disposal
and
acquisition
of
city
34
water
utilities.
35
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The
bill
defines
the
term
“at-risk
system”
as
it
relates
1
to
city
water
utilities.
Under
the
bill,
when
a
city
utility
2
system
that
is
disposed
of
by
sale
is
an
at-risk
system,
the
3
new
owner
may
provide
to
the
department
of
natural
resources
4
proof
of
the
availability
of
financial
resources
to
meet
5
system
upgrade
requirements
and
provide
a
revised
timetable
6
for
compliance
with
department
rules.
If
the
department
7
determines
that
the
revised
timetable
is
reasonable
based
on
8
the
information
provided
by
the
new
owner,
the
department
shall
9
agree
to
the
timetable.
10
The
bill
requires
the
utilities
board
within
the
utilities
11
division
of
the
department
of
commerce
to
issue
a
final
order
12
within
180
days
when
a
public
utility
applies
for
approval
of
13
the
acquisition
of
an
at-risk
system.
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