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 js/ns
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 -1- LSB 5204SV (2) 88 js/ns 1/ 2
S.F. 2312 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. 14 -2- LSB 5204SV (2) 88 js/ns 2/ 2