SSB 3053 (LSB 5529DP (3) 91)

SENATE/HOUSE FILE _____

BY  (PROPOSED UTILITIES COMMISSION BILL)

A BILL FOR

An Act relating to the administration of the utilities commission, including the creation of the position of executive director and modification of the duties and titles of the chairperson and executive staff.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 474.1, subsection 2, Code 2026, is amended to read as follows:
   2.  a.  Subject to confirmation by the senate, the governor shall appoint a member as the chairperson of the commission. The chairperson shall be the administrator of the utilities commission.  The chairperson or designated presiding officer shall preside over contested cases, as defined by section 17A.2, meetings, as defined by section 21.2, or other proceedings. The appointment as chairperson shall be for a two-year term, which begins and ends as provided in section 69.19.
   b.  The commission, by majority vote of the members, shall appoint a chief operating officer an executive director to manage the operations of the utilities commission and its staff under the direction of the commission. The executive director shall not serve as a member of the commission and shall serve at the pleasure of the commission. The commission shall set the salary of the chief operating officer executive director within the limits of the pay plan for exempt positions provided for in section 8A.413, subsection 3, unless otherwise provided by the general assembly.  The initial appointment of the first executive director after the effective date of this Act shall be exempt from the requirements of section 8A.412 and all provisions of chapter 8A relating to competitive recruitment, examination, and selection processes for classified employees. Following the termination of the service of the first executive director appointed pursuant to this paragraph, the executive director shall be subject to section 8A.412 and all provisions of chapter 8A governing competitive recruitment, examination, and selection processes for classified employees. The commission shall oversee, evaluate, and provide direction to the executive director concerning the operations of the commission. The executive director shall be selected primarily for administrative ability and knowledge in the field, without regard to political affiliation. The commission may shall employ additional personnel to fulfill its responsibilities as an independent agency and carry out duties of the commission as it finds necessary.
    Sec. 2.  Section 474.2, Code 2026, is amended to read as follows:
   474.2  Certain persons barred from office.
   A person who is employed by any common carrier or other public utility or who owns any bonds, stock, or property in any public utility shall not be eligible to hold the office of utilities commission member or chief operating officer of the utilities commission executive director. A member or chief operating officer executive director who enters into employment with any common carrier or other public utility or who acquires any stock or other interest in any common carrier or other public utility after appointment as a member or chief operating officer executive director shall be disqualified from holding or performing the duties of the office.
    Sec. 3.  Section 474.8, Code 2026, is amended to read as follows:
   474.8  Office —— time employed —— expenses.
   The utilities commission shall have an office at the seat of government. Each member shall devote the member’s whole time to the duties of the office, and the members, chief operating officer executive director, and other employees shall receive their actual necessary traveling expenses while in the discharge of their official duties away from the general offices.
    Sec. 4.  Section 476.51, subsection 5, Code 2026, is amended to read as follows:
   5.  Civil penalties collected pursuant to this section from utilities providing water, electric, or gas service shall be forwarded by the chief operating officer executive director of the commission to the treasurer of state to be credited to the general fund of the state and to be used only for the low income home energy assistance program and the weatherization assistance program administered by the department of health and human services. Civil penalties collected pursuant to this section from utilities providing telecommunications service shall be forwarded to the treasurer of state to be credited to the commerce revolving fund created in section 546.12 to be used only for consumer education programs administered by the commission. Penalties paid by a rate-regulated public utility pursuant to this section shall be excluded from the utility’s costs when determining the utility’s revenue requirement, and shall not be included either directly or indirectly in the utility’s rates or charges to customers.
    Sec. 5.  Section 476.103, subsection 4, paragraph c, Code 2026, is amended to read as follows:
   c.  A civil penalty collected pursuant to this subsection shall be forwarded by the chief operating officer executive director of the commission to the treasurer of state to be credited to the commerce revolving fund created in section 546.12 and to be used only for consumer education programs administered by the commission.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the administration of the utilities commission by creating the position of executive director and modifying the duties and titles of the chairperson and executive staff.
   The bill specifies the chairperson’s duties regarding presiding over meetings and proceedings.
   The bill replaces the position of chief operating officer with executive director, and makes conforming changes by replacing references of a chief operating officer with executive director. The bill states that the commission shall appoint the executive director by a majority vote, the executive director will serve at the pleasure of the commission, and the executive director will be overseen and evaluated by the commission. The bill also explains the appointment procedure and criteria for the new position.