House File 599 - EnrolledAn Actrelating to the regulation of specified gas and electric
utilities.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
   Section 1.  Section 476.1A, Code 2023, is amended to read as
follows:
   476.1A  Applicability of authority — certain electric
utilities.
   1.  Electric public utilities having fewer than ten
thousand customers and electric cooperative corporations and
associations are not subject to the regulation authority of the
board, except for regulatory action pertaining to all of the
following:
   a.  Assessment of fees for the support of the division and
the office of consumer advocate, pursuant to section 476.10.
   b.  Safety standards and engineering standards for equipment,
operations, and procedures
.
   c.  Assigned area areas of service, as set forth in sections
476.22 through 476.26
.
   d.  Pilot projects of the board Public utility railroad
crossings, as set forth in 476.27
.
   e.  Filing alternate energy purchase program plans with the
board, and offering such programs to customers, pursuant to
section 476.47.
   2.  However, sections 476.20, subsections 1 through 4,
476.21, 476.51, 476.56, 476.58, 476.62, and 476.66 and chapters
476A and 478, to the extent applicable, apply to such electric
utilities.
   3.  Electric cooperative corporations and associations
and electric public utilities exempt from rate regulation
under this section shall not make or grant any unreasonable
preferences or advantages as to rates or services to any
person or subject any person to any unreasonable prejudice or
disadvantage.
   4.  The board of directors or the membership of an electric
cooperative corporation or association otherwise exempt
from rate regulation may elect to have the cooperative’s
rates regulated by the board. The board shall adopt rules
prescribing the manner in which the board of directors or the
-1-membership of an electric cooperative may so elect. If the
board of directors or the membership of an electric cooperative
has elected to have the cooperative’s rates regulated by the
board, after two years have elapsed from the effective date of
such election the board of directors or the membership of the
electric cooperative may elect to exempt the cooperative from
the rate regulation authority of the board, provided, however,
that if the membership elected to have the cooperative’s rates
regulated by the board, only the membership may elect to exempt
the cooperative from the rate regulation authority of the
board.
   5.  An electric utility subject to regulatory action
pursuant to this section is subject to complaints and
investigations as set forth in section 476.3, but only with
regard to matters within the regulatory authority of the board
as set forth in subsections 1 and 2.
   6.  As used in this section:
   a.  “Engineering standards” means standards adopted by the
American national standards institute, or the institute of
electrical and electronics engineers, rural utilities service,
or comparable engineering organization or engineering standards
adopted by the board.
   b.  “Rates” means the same as defined in section 384.80
and includes all charges or fees imposed or collected for the
provision of or incidental to utility service.
   c.  “Safety standards” means applicable regulations
promulgated by the United States occupational safety and health
administration and by Iowa occupational safety and health by
the administration. Safety standards for electric utilities
subject to this section also include outage notifications,
safety standards contained in the national electric safety
code, as published by the institute of electrical and
electronic engineers, inc., and electric safety standards
approved by the American national standards institute.
   Sec. 2.  Section 476.1B, Code 2023, is amended to read as
-2-follows:
   476.1B  Applicability of authority — municipally owned
utilities.
   1.  Unless otherwise specifically provided by statute, a
 A municipally owned utility furnishing gas or electricity is
not subject to the regulation by authority of the board under
this chapter
, except for regulatory action pertaining to the
following
:
   a.  Assessment of fees for the support of the division
and the office of consumer advocate, as set forth in section
476.10.
   b.  Safety standards.
   c.  Assigned areas of service, as set forth in sections
476.22 through 476.26.
   d.  Enforcement of civil penalties pursuant to section
476.51.
   e.  Disconnection of service, as set forth in section 476.20,
subsections 1 through 4.
   f.  Encouragement of alternate energy production facilities,
as set forth in sections 476.41 through 476.45.
   g.  Enforcement of section 476.56.
   h.  Enforcement of section 476.66.
   i.  Enforcement of section 476.62.
   d.  Public utility railroad crossings, as set forth in
section 476.27.
   j.    e.  An electric power agency as defined in chapter
28F and section 390.9 that includes as a member a city or
municipally owned utility that builds transmission facilities
after July 1, 2001, is subject to applicable transmission
reliability rules or standards adopted by the board for those
facilities.
   k.    f.  Filing alternate energy purchase program plans with
the board, and offering such programs to customers, pursuant
to section 476.47.
   2.  The board may waive all or part of the energy efficiency
-3-filing and review requirements for municipally owned utilities
which demonstrate superior results with existing energy
efficiency efforts
 Sections 476.20, subsections 1 through 4,
476.51, 476.56, 476.58, 476.62, and 476.66 and chapters 476A
and 478, to the extent applicable, apply to such electric and
gas utilities
.
   3.  Unless otherwise specifically provided by statute, a A
municipally owned utility providing local exchange services
is not subject to the regulation by authority of the board
under this chapter except for regulatory action pertaining to
the enforcement of sections 476.10, 476.95, 476.95A, 476.95B,
476.100, and 476.102, and 476.103.
   4.  An electric utility subject to regulatory action
pursuant to this section is subject to complaints and
investigations as set forth in section 476.3, but only with
regard to matters within the regulatory authority of the board
as set forth in subsections 1 and 2.
   Sec. 3.  Section 476.20, subsection 3, paragraph a, Code
2023, is amended to read as follows:
   a.  The board shall establish adopt rules which shall be
uniform with respect to all rate-regulated public utilities
furnishing gas or electricity relating to disconnection
of service. The board shall adopt rules with respect to
electric and gas utilities subject to sections 476.1A and
476.1B that prescribe the procedures and notice requirements
for the disconnection of service consistent with the rules
for rate-regulated public utilities, but such rules shall
not regulate the rates of such utilities.
This subsection
applies both to regulated rate-regulated utilities, utilities
subject to regulation under sections 476.1A and 476.1B,
and to
municipally owned utilities and unincorporated villages which
own their own distribution systems, and violations. Violations
of this subsection may subject the utilities a utility to civil
penalties under section 476.51.
   Sec. 4.  Section 476.20, subsection 5, paragraph a,
-4-unnumbered paragraph 1, Code 2023, is amended to read as
follows:
   The board shall establish rules which shall be uniform with
respect to all rate-regulated public utilities furnishing gas
or electricity relating to deposits which may be required by
the public utility for the initiation or reinstatement of
service. This subsection shall not apply to utilities subject
to section 476.1A, or to
municipally owned utilities, which
shall be governed by the provisions of section 384.84 with
respect to deposits and payment plans for delinquent amounts
owed. Municipally owned utilities and electric utilities
that are not required to be rate-regulated
 utilities subject
to section 476.1A
shall not be subject to the board’s rules
in regards regard to deposits, rates and charges for the
disconnection or reinstatement of service,
and payment plans
for delinquent amounts owed and repayment of past due debt.
Municipally owned utilities and electric utilities that are
not required to be rate-regulated
 utilities subject to section
476.1A
shall be subject to the board’s rules in regards to
payment plans made prior to the disconnection of services.
   Sec. 5.  Section 592.9, Code 2023, is amended to read as
follows:
   592.9  City waterworks utilities and utility boards.
   All proceedings taken prior to January 1, 1961 the effective
date of this Act
purporting to provide for the establishment,
organization, formation, operation, or maintenance of a city
waterworks utility or utility board and not previously declared
invalid by any court, are legalized, validated and confirmed.
All such proceedings are declared to be legally sufficient to
create, establish and authorize the maintenance and operation
of a city waterworks as a city utility, as defined in section
362.2, subsection 6.
______________________________
PAT GRASSLEYSpeaker of the House
______________________________
AMY SINCLAIRPresident of the Senate
   I hereby certify that this bill originated in the House and is known as House File 599, Ninetieth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the House
Approved _______________, 2023______________________________
KIM REYNOLDSGovernor
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