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House Study Bill 76 - IntroducedA Bill ForAn Act 1relating to public utilities and other infrastructure,
2including the confidentiality of certain information
3relating to such infrastructure, the authority of utilities
4to make temporary rate changes, and presiding officers at
5public information meetings held for electric transmission
6line franchise petitions.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 22.7, subsection 45, Code 2017, is
2amended to read as follows:
345. The critical asset protection plan or any part of the
4plan prepared pursuant to section 29C.8 and any information
5held by the department of homeland security and emergency
6management that was supplied to the department by a public or
7private agency or organization and used in the development
8of the critical asset protection plan to include, but not be
9limited to, surveys, lists, maps, or photographs. However,
10the director shall make the list of assets available for
11examination by any person. A person wishing to examine the
12list of assets shall make a written request to the director
13on a form approved by the director. The list of assets may
14be viewed at the department’s offices during normal working
15hours. The list of assets shall not be copied in any manner.
16 Communications and asset information not required by law, rule,
17or procedure that are provided to the director by persons
18outside of government and for which the director has signed a
19nondisclosure agreement are exempt from public disclosures.
20The department of homeland security and emergency management
21may provide all or part of the critical asset plan to federal,
22state, or local governmental agencies which have emergency
23planning or response functions if the director is satisfied
24that the need to know and intended use are reasonable. An
25agency receiving critical asset protection plan information
26from the department shall not redisseminate the information
27without prior approval of the director.
28 Sec. 2. Section 22.7, Code 2017, is amended by adding the
29following new subsection:
30 NEW SUBSECTION. 70. Infrastructure information and
31records, including cyber security information, the disclosure
32of which may expose or create vulnerability to critical
33infrastructure systems, held by the utilities board of
34the department of commerce or the department of homeland
35security and emergency management for purposes relating to the
-1-1safeguarding of telecommunications, electric, water, sanitary
2sewage, storm water drainage, energy, hazardous liquid, natural
3gas, or other critical infrastructure systems. For purposes of
4this subsection, “cyber security information” includes but is
5not limited to information relating to cyber security defenses,
6threats, attacks, or general attempts to attack cyber system
7operations.
8 Sec. 3. Section 476.6, subsection 9, paragraph a, Code 2017,
9is amended by striking the paragraph.
10 Sec. 4. Section 476.6, subsection 9, paragraph b, Code 2017,
11is amended to read as follows:
12b. A public utility may choose to place in effect temporary
13rates, charges, schedules, or regulations without board review
14on or after ten days after following the filing date under this
15section. If the utility chooses to place such rates, charges,
16schedules, or regulations in effect without board review, the
17utility shall file with the board a bond or other corporate
18undertaking approved by the board conditioned upon the refund
19in a manner prescribed by the board of amounts collected in
20excess of the amounts which would have been collected under
21rates, charges, schedules, or regulations finally approved
22by the board. At the conclusion of the proceeding if the
23board determines that the temporary rates, charges, schedules,
24or regulations placed in effect under this paragraph were
25not based on previously established regulatory principles,
26the board shall consider ordering refunds based upon the
27overpayments made by each individual customer class, rate zone,
28or customer group. If the board has not rendered a final
29decision with respect to suspended rates, charges, schedules,
30or regulations upon the expiration of ten months after the
31filing date, plus the length of any delay that necessarily
32results either from the failure of the public utility to
33exercise due diligence in connection with the proceedings or
34from intervening judicial proceedings, plus the length of any
35extension permitted by section 476.33, subsection 3, then such
-2-1temporary rates, charges, schedules, or regulations placed into
2effect on a temporary basis shall be deemed finally approved
3by the board and the utility may place them into effect on a
4permanent basis.
5 Sec. 5. Section 478.2, subsection 2, paragraph a, Code 2017,
6is amended to read as follows:
7a. A member of the board, the counsel of the board, or a
8hearing examiner presiding officer designated by the board
9shall serve as the presiding officer at each meeting, shall
10present an agenda for such meeting which shall include a
11summary of the legal rights of the affected landowners, and
12shall distribute and review the statement of individual rights
13required under section 6B.2A, subsection 1. A formal record of
14the meeting shall not be required.
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
18This bill modifies several provisions relating to public
19utility regulation and the confidentiality of information held
20by the department of homeland security and emergency management
21and the Iowa utilities board.
22Code section 22.7 lists public records that must be kept
23confidential from public disclosure, including critical asset
24protection plan information held by the department. However,
25Code section 22.7(45) allows the public to examine a list of
26assets made available by the director of the department. The
27bill deletes this provision.
28The bill further amends Code section 22.7 by making
29infrastructure information and records relating to the
30safeguarding of critical infrastructure systems such as
31telecommunications, electric, water, sanitary sewage, storm
32water drainage, energy, hazardous liquid, and natural gas, held
33by the department and the utilities board confidential from
34public disclosure. This includes “cyber security information”,
35defined in the bill as including but not limited to information
-3-1relating to cyber security defenses, threats, attacks, or
2general attempts to attack cyber system operations.
3Code section 476.6(9) authorizes utilities to collect higher
4rates on a temporary basis while the utilities board conducts
5a rate review proceeding. To do so, utilities have the
6option of either first obtaining board review before temporary
7rates are placed into effect, or implementing temporary rates
8without board review within 10 days after filing for temporary
9rates, subject to the board’s authority to require refunds for
10overpayment if the board later determines that the temporary
11rates were not based on previously established regulatory
12principles. The bill removes the option for utilities to first
13request board review before implementing temporary rates.
14Therefore, utilities seeking temporary rate changes may do
15so only by implementing the rates, without the board’s prior
16approval, on or after 10 days following the filing date with
17the board. If the board fails to make a final decision on
18a temporary rate change within 10 months after filing, the
19temporary rates are deemed approved by the board and may be
20placed into effect on a permanent basis.
21Code chapter 478 requires any person wanting to operate
22and maintain electric transmission lines to file a petition
23for a franchise from the utilities board. Under the process
24described in Code section 478.2, a person must first hold a
25public information meeting in each county where real property
26or rights will be affected, at least 30 days prior to filing a
27petition. Code section 478.2(2)(a) requires either a member of
28the board, the counsel of the board, or a “hearing examiner”
29designated by the board to serve as the presiding officer for
30a public information meeting. The bill replaces the term
31“hearing examiner” with “presiding officer”. Therefore, either
32a member of the board, the counsel of the board, or a presiding
33officer designated by the board can serve as the presiding
34officer at a public information meeting.
-4-gh/rn/nh
2including the confidentiality of certain information
3relating to such infrastructure, the authority of utilities
4to make temporary rate changes, and presiding officers at
5public information meetings held for electric transmission
6line franchise petitions.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 22.7, subsection 45, Code 2017, is
2amended to read as follows:
345. The critical asset protection plan or any part of the
4plan prepared pursuant to section 29C.8 and any information
5held by the department of homeland security and emergency
6management that was supplied to the department by a public or
7private agency or organization and used in the development
8of the critical asset protection plan to include, but not be
9limited to, surveys, lists, maps, or photographs. However,
10the director shall make the list of assets available for
11examination by any person. A person wishing to examine the
12list of assets shall make a written request to the director
13on a form approved by the director. The list of assets may
14be viewed at the department’s offices during normal working
15hours. The list of assets shall not be copied in any manner.
16 Communications and asset information not required by law, rule,
17or procedure that are provided to the director by persons
18outside of government and for which the director has signed a
19nondisclosure agreement are exempt from public disclosures.
20The department of homeland security and emergency management
21may provide all or part of the critical asset plan to federal,
22state, or local governmental agencies which have emergency
23planning or response functions if the director is satisfied
24that the need to know and intended use are reasonable. An
25agency receiving critical asset protection plan information
26from the department shall not redisseminate the information
27without prior approval of the director.
28 Sec. 2. Section 22.7, Code 2017, is amended by adding the
29following new subsection:
30 NEW SUBSECTION. 70. Infrastructure information and
31records, including cyber security information, the disclosure
32of which may expose or create vulnerability to critical
33infrastructure systems, held by the utilities board of
34the department of commerce or the department of homeland
35security and emergency management for purposes relating to the
-1-1safeguarding of telecommunications, electric, water, sanitary
2sewage, storm water drainage, energy, hazardous liquid, natural
3gas, or other critical infrastructure systems. For purposes of
4this subsection, “cyber security information” includes but is
5not limited to information relating to cyber security defenses,
6threats, attacks, or general attempts to attack cyber system
7operations.
8 Sec. 3. Section 476.6, subsection 9, paragraph a, Code 2017,
9is amended by striking the paragraph.
10 Sec. 4. Section 476.6, subsection 9, paragraph b, Code 2017,
11is amended to read as follows:
12b. A public utility may choose to place in effect temporary
13rates, charges, schedules, or regulations without board review
14on or after ten days after following the filing date under this
15section. If the utility chooses to place such rates, charges,
16schedules, or regulations in effect without board review, the
17utility shall file with the board a bond or other corporate
18undertaking approved by the board conditioned upon the refund
19in a manner prescribed by the board of amounts collected in
20excess of the amounts which would have been collected under
21rates, charges, schedules, or regulations finally approved
22by the board. At the conclusion of the proceeding if the
23board determines that the temporary rates, charges, schedules,
24or regulations placed in effect under this paragraph were
25not based on previously established regulatory principles,
26the board shall consider ordering refunds based upon the
27overpayments made by each individual customer class, rate zone,
28or customer group. If the board has not rendered a final
29decision with respect to suspended rates, charges, schedules,
30or regulations upon the expiration of ten months after the
31filing date, plus the length of any delay that necessarily
32results either from the failure of the public utility to
33exercise due diligence in connection with the proceedings or
34from intervening judicial proceedings, plus the length of any
35extension permitted by section 476.33, subsection 3, then such
-2-1temporary rates, charges, schedules, or regulations placed into
2effect on a temporary basis shall be deemed finally approved
3by the board and the utility may place them into effect on a
4permanent basis.
5 Sec. 5. Section 478.2, subsection 2, paragraph a, Code 2017,
6is amended to read as follows:
7a. A member of the board, the counsel of the board, or a
8hearing examiner presiding officer designated by the board
9shall serve as the presiding officer at each meeting, shall
10present an agenda for such meeting which shall include a
11summary of the legal rights of the affected landowners, and
12shall distribute and review the statement of individual rights
13required under section 6B.2A, subsection 1. A formal record of
14the meeting shall not be required.
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
18This bill modifies several provisions relating to public
19utility regulation and the confidentiality of information held
20by the department of homeland security and emergency management
21and the Iowa utilities board.
22Code section 22.7 lists public records that must be kept
23confidential from public disclosure, including critical asset
24protection plan information held by the department. However,
25Code section 22.7(45) allows the public to examine a list of
26assets made available by the director of the department. The
27bill deletes this provision.
28The bill further amends Code section 22.7 by making
29infrastructure information and records relating to the
30safeguarding of critical infrastructure systems such as
31telecommunications, electric, water, sanitary sewage, storm
32water drainage, energy, hazardous liquid, and natural gas, held
33by the department and the utilities board confidential from
34public disclosure. This includes “cyber security information”,
35defined in the bill as including but not limited to information
-3-1relating to cyber security defenses, threats, attacks, or
2general attempts to attack cyber system operations.
3Code section 476.6(9) authorizes utilities to collect higher
4rates on a temporary basis while the utilities board conducts
5a rate review proceeding. To do so, utilities have the
6option of either first obtaining board review before temporary
7rates are placed into effect, or implementing temporary rates
8without board review within 10 days after filing for temporary
9rates, subject to the board’s authority to require refunds for
10overpayment if the board later determines that the temporary
11rates were not based on previously established regulatory
12principles. The bill removes the option for utilities to first
13request board review before implementing temporary rates.
14Therefore, utilities seeking temporary rate changes may do
15so only by implementing the rates, without the board’s prior
16approval, on or after 10 days following the filing date with
17the board. If the board fails to make a final decision on
18a temporary rate change within 10 months after filing, the
19temporary rates are deemed approved by the board and may be
20placed into effect on a permanent basis.
21Code chapter 478 requires any person wanting to operate
22and maintain electric transmission lines to file a petition
23for a franchise from the utilities board. Under the process
24described in Code section 478.2, a person must first hold a
25public information meeting in each county where real property
26or rights will be affected, at least 30 days prior to filing a
27petition. Code section 478.2(2)(a) requires either a member of
28the board, the counsel of the board, or a “hearing examiner”
29designated by the board to serve as the presiding officer for
30a public information meeting. The bill replaces the term
31“hearing examiner” with “presiding officer”. Therefore, either
32a member of the board, the counsel of the board, or a presiding
33officer designated by the board can serve as the presiding
34officer at a public information meeting.
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