HF 445 — A bill for an act relating to public utilities and other infrastructure, including the confidentiality of certain information relating to cyber security or critical infrastructure, the authority of utilities to make temporary rate changes, and presiding officers at public information meetings held for electric transmission line franchise petitions. (Formerly HSB 76.) Effective 7-1-17.

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TLSBSection 1370HV1. (2) 87 gh/rn/nh H.F.

445 Section 1.

The critical asset protection plan or any part of the plan prepared pursuant to section 29C.8 and any information held by the department of homeland security and emergency managementHouse thatFile was445, suppliedp. to the department by a public or private agency or organization and used in the development of the critical asset protection plan to include, but not be limited to, surveys, lists, maps, or photographs.

2 management that was supplied to the department by a public or private agency or organization and used in the development of the critical asset protection plan to include, but not be limited to, surveys, lists, maps, or photographs.

Information and records related to cyber security information or critical infrastructure, the disclosure of which may expose or create vulnerability to critical infrastructure systems, held by the utilities board of the department of commerce or the department of homeland security and emergency management for purposes relating to the LSBsafeguarding 1370HVof (2)telecommunications, 87electric, -1-water, gh/rn/nhsanitary 1/4sewage, H.F.storm water drainage, energy, hazardous liquid, natural gas, or other critical infrastructure systems.

445 safeguarding of telecommunications, electric, water, sanitary sewage, storm water drainage, energy, hazardous liquid, natural gas, or other critical infrastructure systems.

Section 476.6, subsection 9, paragraph b, Code 2017, isHouse amendedFile to445, readp. as follows:

3 is amended to read as follows:

If the board has not rendered a final decision with respect to suspended rates, charges, schedules, or regulations upon the expiration of ten months after the filing date, plus the length of any delay that necessarily results either from the failure of the public utility to exercise due diligence in connection with the proceedings or from intervening judicial proceedings, plus the length of any extension permitted by section 476.33, subsection 3, then such LSBtemporary 1370HVrates, (2)charges, 87schedules, -2-or gh/rn/nhregulations 2/4placed H.F.into effect on a temporary basis shall be deemed finally approved by the board and the utility may place them into effect on a permanent basis.

445 temporary rates, charges, schedules, or regulations placed into effect on a temporary basis shall be deemed finally approved by the board and the utility may place them into effect on a permanent basis.

EXPLANATIONHouse TheFile inclusion445, ofp. this explanation does not constitute agreement with the explanation’s substance by the members of the general assembly.

This4 bill______________________________ modifies______________________________ severalLINDA provisionsUPMEYER relatingJACK toWHITVER publicSpeaker utilityof regulationthe andHouse President of the confidentialitySenate ofI certainhereby informationcertify heldthat bythis thebill departmentoriginated ofin homelandthe securityHouse and emergencyis managementknown andas theHouse IowaFile utilities445, board.Eighty-seventh General Assembly.

Code______________________________ sectionCARMINE 22.7BOAL listsChief publicClerk recordsof thatthe mustHouse beApproved kept_______________, confidential2017 from______________________________ publicTERRY disclosure,E. including critical asset protection plan information held by the department.

However,BRANSTAD CodeGovernor section 22.7(45) allows the public to examine a list of assets made available by the director of the department.

The bill deletes this provision.

The bill further amends Code section 22.7 by making information and records related to cyber security information or critical infrastructure, held by the department and the utilities board to safeguard critical infrastructure systems described in the bill, confidential from public disclosure.

“Cyber security information” isdefined in the bill to include but not be limited to information relating to cyber security defenses, threats, attacks, or general attempts to attack cyber LSB 1370HV (2) 87 -3- gh/rn/nh 3/4 H.F.

445 system operations.

Code section 476.6(9) authorizes utilities to collect higher rates on a temporary basis while the utilities board conducts a rate review proceeding.

To do so, utilities have the option of either first obtaining board review before temporary rates are placed into effect, or implementing temporary rates without board review within 10 days after filing for temporary rates, subject to the board’s authority to require refunds for overpayment if the board later determines that the temporary rates were not based on previously established regulatory principles.

The bill removes the option for utilities to first request board review before implementing temporary rates.

Therefore, utilities seeking temporary rate changes may do so only by implementing the rates, without the board’s prior approval, on or after 10 days following the filing date with the board.

If the board fails to make a final decision on a temporary rate change within 10 months after filing, the temporary rates are deemed approved by the board and may be placed into effect on a permanent basis.

Code chapter 478 requires any person wanting to operate and maintain electric transmission lines to file a petition for a franchise from the utilities board.

Under the process described in Code section 478.2, a person must first hold a public information meeting in each county where real property or rights will be affected, at least 30 days prior to filing a petition.

Code section 478.2(2)(a) requires either a member of the board, the counsel of the board, or a “hearing examiner” designated by the board to serve as the presiding officer for a public information meeting.

The bill replaces the term “hearing examiner” with “presiding officer”.

Therefore, either a member of the board, the counsel of the board, or a presiding officer designated by the board can serve as the presiding officer at a public information meeting.

LSB 1370HV (2) 87 -4- gh/rn/nh 4/4