House File 693 - Enrolled
House File 693
AN ACT
RELATING TO MATTERS UNDER THE PURVIEW OF THE UTILITIES DIVISION
OF THE DEPARTMENT OF COMMERCE.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 DIVISION I
2 ADMINISTRATION
3 Section 1. Section 476.2, Code 2021, is amended by adding
4 the following new subsection:
5 NEW SUBSECTION. 4A. The board shall have the authority
6 to employ or appoint an independent administrative law judge
7 to preside over any hearing or proceeding before the board.
8 Sections 10A.801 and 17A.11 do not apply to the employment or
9 appointment of an administrative law judge pursuant to this
10 subsection.
11 Sec. 2. Section 476.10, subsection 1, paragraph b, Code
12 2021, is amended to read as follows:
13 b. The board shall ascertain the total of the division’s
14 expenses incurred during each fiscal year in the performance
15 of its duties under law. The board shall add to the total of
16 the division’s expenses the certified expenses of the consumer
17 advocate as provided under section 475A.6. The board shall
18 deduct all amounts charged directly to any person from the
19 total expenses of the board and the consumer advocate. The
20 board may assess the amount remaining after the deduction
21 to all persons providing service over which the board has
22 jurisdiction in proportion to the respective gross operating
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23 revenues of such persons from intrastate operations during the
24 last calendar year over which the board has jurisdiction. For
25 purposes of determining gross operating revenues under this
26 section, the board shall not include gross receipts received
27 by a cooperative corporation or association for wholesale
28 transactions with members of the cooperative corporation
29 or association, provided that the members are subject to
30 assessment by the board based upon the members’ gross operating
31 revenues, or provided that such a member is an association
32 whose members are subject to assessment by the board based
33 upon the members’ gross operating revenues. If any portion
34 of the remainder can be identified with a specific type of
35 utility service, the board shall assess those expenses only
1 to the entities providing that type of service over which the
2 board has jurisdiction. The board may make the remainder
3 assessments under this paragraph on a quarterly basis to some
4 or all persons providing service over which the board has
5 jurisdiction, based upon estimates of the expenditures for
6 the fiscal year for the utilities division and the consumer
7 advocate. Not more than ninety days following the close of the
8 fiscal year, the utilities division shall conform the amount of
9 the prior fiscal year’s assessments to the requirements of this
10 paragraph. For gas and electric public utilities exempted from
11 rate regulation pursuant to this chapter, and for providers
12 of telecommunications service required to register with the
13 board pursuant to section 476.95A that are exempted from rate
14 regulation pursuant to this chapter, the remainder assessments
15 under this paragraph shall be computed at one-half the rate
16 used in computing the assessment for other persons.
17 DIVISION II
18 PIPELINE
19 Sec. 3. Section 479.31, subsection 1, Code 2021, is amended
20 to read as follows:
21 1. A person who violates this chapter or any rule or
22 order issued pursuant to this chapter shall be subject to a
23 civil penalty levied by the board not to exceed one hundred
24 thousand dollars for each violation in accordance with 49
25 C.F.R. §190.223. Each day that the violation continues shall
26 constitute a separate offense. However, the maximum civil
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27 penalty shall not exceed one million dollars for any related
28 series of violations. Civil penalties collected pursuant to
29 this section shall be forwarded by the chief operating officer
30 of the board to the treasurer of state to be credited to the
31 general fund of the state and appropriated to the division of
32 community action agencies of the department of human rights for
33 purposes of the low income home energy assistance program and
34 the weatherization assistance program.
35 Sec. 4. Section 479A.7, Code 2021, is amended to read as
1 follows:
2 479A.7 Annual inspection fee.
3 A The board may, in accordance with section 476.10, charge
4 a pipeline company shall pay with an annual inspection fee of
5 fifty cents per mile of pipeline or fraction thereof for each
6 inch of diameter of the pipeline located in this state that
7 is directly attributable to the costs of conducting annual
8 inspections pursuant to this chapter. The annual inspection
9 fee shall be paid for the calendar year in advance between
10 January 1 and February 1 of each year.
11 DIVISION III
12 TELECOMMUNICATIONS SERVICES
13 Sec. 5. Section 34A.2, subsections 8 and 14, Code 2021, are
14 amended to read as follows:
15 8. “Competitive local exchange service provider” means the
16 same as defined in section 476.96 any person, including a
17 municipal utility, that provides local exchange services, other
18 than a local exchange carrier or a non-rate-regulated wireline
19 provider of local exchange services under an authorized
20 certificate of public convenience and necessity within a
21 specific geographic area described in maps filed with and
22 approved by the board as of September 30, 1992.
23 14. “Local exchange carrier” means the same as defined in
24 section 476.96 any person that was the incumbent and historical
25 rate-regulated wireline provider of local exchange services
26 or any successor to such person that provides local exchange
27 services under an authorized certificate of public convenience
28 and necessity within a specific geographic area described in
29 maps filed with and approved by the board as of September 30,
30 1992.
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31 Sec. 6. Section 423.3, subsection 47A, Code 2021, is amended
32 to read as follows:
33 47A. a. The sales price from the sale or rental of central
34 office equipment or transmission equipment primarily used
35 by local exchange carriers and competitive local exchange
1 service providers as defined in section 476.96, Code 2017;
2 by franchised cable television operators, mutual companies,
3 municipal utilities, cooperatives, and companies furnishing
4 communications services that are not subject to rate regulation
5 as provided in chapter 476; by long distance companies as
6 defined in section 477.10; or for a commercial mobile radio
7 service as defined in 47 C.F.R. §20.3 in the furnishing of
8 telecommunications services on a commercial basis.
9 b. For the purposes of this subsection, “central:
10 (1) “Central office equipment” means equipment utilized
11 in the initiating, processing, amplifying, switching, or
12 monitoring of telecommunications services. “Central office
13 equipment” also includes ancillary equipment and apparatus
14 which support, regulate, control, repair, test, or enable such
15 equipment to accomplish its function.
16 (2) “Competitive local exchange service provider” means any
17 person, including a municipal utility, that provides local
18 exchange services, other than a local exchange carrier or a
19 non-rate-regulated wireline provider of local exchange services
20 under an authorized certificate of public convenience and
21 necessity within a specific geographic area described in maps
22 filed with and approved by the board as of September 30, 1992.
23 (3) “Local exchange carrier” means any person that was
24 the incumbent and historical rate-regulated wireline provider
25 of local exchange services or any successor to such person
26 that provides local exchange services under an authorized
27 certificate of public convenience and necessity within a
28 specific geographic area described in maps filed with and
29 approved by the board as of September 30, 1992.
30 (4) “Transmission equipment” means equipment utilized
31 in the process of sending information from one location to
32 another location. “Central office equipment” and “transmission
33 “Transmission equipment” also include includes ancillary
34 equipment and apparatus which support, regulate, control,
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35 repair, test, or enable such equipment to accomplish its
1 function.
2 Sec. 7. Section 477C.7, subsection 2, Code 2021, is amended
3 to read as follows:
4 2. The entities subject to assessment shall remit the
5 assessed amounts quarterly, as determined by the board, to a
6 special fund, as defined under section 8.2, subsection 9. The
7 moneys in the fund are appropriated solely to plan, establish,
8 administer, and promote the relay service and equipment
9 distribution programs.
______________________________ ______________________________
PAT GRASSLEY JAKE CHAPMAN
Speaker of the House President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 693, Eighty-ninth General Assembly.
______________________________
MEGHAN NELSON
Chief Clerk of the House
Approved _______________, 2021 ______________________________
KIM REYNOLDS
Governor
Statutes affected: Introduced: 476.2, 10A.801, 476.95A, 479A.7, 476.10, 476.96
Enrolled: 476.2, 10A.801, 476.95A, 479A.7, 476.10, 476.96