HF 693 — A bill for an act relating to matters under the purview of the utilities division of the department of commerce. (Formerly HF 483, HSB 137.) Effective date: 07/01/2021.

KHouse iFile m693 R- eEnrolled yHouse nFile o693 lAN dACT sRELATING OTO fMATTERS fUNDER iTHE cPURVIEW eOF oTHE fUTILITIES tDIVISION hOF eTHE GDEPARTMENT oOF vCOMMERCE. e r n o r A d a m G r e g g G O V E R N O R L T G O V E R N O R April30,2021 T h e Honorable Paul Pate SecretaryofStateofIowa StateCapitol Des Moines,Iowa 50319 DearMr.Secretary, Iherebytransmit:

HouseFile693,anActrelatingtomattersunderthepurviewoftheUtihtiesDivisionoftheBE DepartmentofCommerce.IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

TheaboveHouseFileisherebyapprovedonthisdate.DIVISION I ADMINISTRATION Section 1.

Sincerely, teynoms Governor l o w cc:

SecretaryoftheSenate Clerk of the House STATE CAPITOL DES MOINES,IOWA 50319 515.281.5211 FAX 515.725.3527 WWW.GOVERNOR.IOWA.GOV RIGHT G E i N E R A L y \ S S E M B l .

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B E I T E N A C T E D B Y T H E G E N E R A L A S S E M B L Y O P T H E S T A T E O P I O W A ;

D I V I S I O N I A D M I N I S T R A T I O N Section 1.

NEW SUBSECTION.SUBSECTION .

Sections IDA.80110A.801 and 17A.11 do not apply to the employment or appointment of an administrative law judge pursuant to this ssubsection. u b s e c t i o n .

Section 476.10, subsection 1, paragraph b.b, Code 2021, is amended to read as follows:

Code 2021, is amended to read as follows:

The board shall ascertain the total of the division'sdivision’s expenses incurred during each fiscal year in the performance oof fits iduties tunder slaw. d u t i e s u n d e r l a w .

TThe hboard eshall badd oto athe rtotal dof s h a l l a d d t o t h e t o t a l o f the division'sdivision’s expenses the certified expenses of the consumer advocate as provided under section 475A.6.

The board may assess the amount remaining after the deduction to all persons providing service over which the board has jurisdiction in proportion to the respective gross operating House PileFile 693, p.

For purposes of determining gross operating revenues under this section, the board shall not include gross receipts received by a cooperative corporation or association for wholesale transactions with members of the cooperative corporation or association, provided that the members are subject to assessment by the board based upon the members'members’ gross operating revenues, or provided that such a member is an association whose members are subject to assessment by the board based upon the members'members’ gross operating revenues.

The board may make the remainder assessments under this paragraph on a quarterly basis to some or all persons providing service over which the board has jurisdiction,jurisdiction , based upon estimates of the expenditures for the fiscal year for the utilities division and the consumer advocate.

Not more than ninety days following the close of the fiscal year, the utilities division shall conform the amount of the prior fiscal year'syear’s assessments to the requirements of this paragraph.

However,—theHowever, the maximum civil House File 693, p.

Civil penalties collected pursuant to this section shall be forwarded by the chief operating officer oof fthe tboard hto bthe otreasurer aof tstate otto hbe tcredited rto ethe a s uo fs t a t ob e c r e d it ot h e general fund of the state and appropriated to the division of community action agencies of the department of human rights for purposes of the low income home energy assistance program and the weatherization assistance program.

Section 479A.7, Code 2021, is amended to read as ffollows: o l l o w s :

A The board may, in accordance with section 476.10, charge a pipeline company shall pay with an annual inspection fee e#of fifty cents per mile of pipeline or fraction thereof for each inch of diameter of the pipeline located in this state that is directly attributable to the costs of conducting annual inspections pursuant to this chapter.

DDIVISION IIII VTELECOMMUNICATIONS ISERVICES S I I I T E L E C O M M U N S E R V I C E S Sec.

Section 34A.2, subsections 8 and 14, Code 2021, are aamended mto eread nas dtfollows: or e aa sf o l l o w s :

"^Competitive“Competitive local exchange service provider"provider” means tfeethe same as defined in section 476.96 any person, including a municipal utility, that provides local exchange services, other than a local exchange carrier or a non-rate-regulated wireline provider of local exchange services under an authorized certificate of public convenience and necessity within a specific geographic area described in maps filed with and approved by the board as of September 30, 1992.1992 .

"^Local“Local exchange carrier"carrier” means the same as defined in section 476.96 any person that was the incumbent and historical rate-regulated wireline provider of local exchange services or any successor to such person that provides local exchange services under an authorized certificate of public convenience and necessity within a specific geographic area described in maps filed with and approved by the board as of September 30, 91992. 9 2 .

66. .

Section 423.3, subsection 47A, Code 2021, is amended tto oread ras efollows: aa sf o l l o w s :

Thea. sales price from the sale or rental of central office equipment or transmission equipment primarily used by local exchange carriers and competitive local exchange service providers as defined in section 476.06, Code 2017;

The sales price from the sale or rental of central office equipment or transmission equipment primarily used by local exchange carriers and competitive local exchange service providers as defined in section 476.96, Code 2017;

or for a commercial mobile radio service as defined in 47 C.P.R.C.F.R.

§20.3 in the furnishing of ttelecommunications eservices lon e c o m m u n i c a tcommercial ibasis. o nasc o m m e r b a s i s .

For the purposes of this subsectionT—'^central^subsection, (1)“central: "^Central office equipment" means equipment utilized in the initiating, processing, amplifying, switching, or monitoring of telecommunications services.

'^Central(1) “Central office equipment"equipment” alsomeans includes ancillary equipment andutilized apparatusin whichthe support,initiating, regulate,processing, control,amplifying, repair,switching, test, or enablemonitoring suchof equipmenttelecommunications toservices. accomplish its function.

(2)“Central "^Competitiveoffice localequipment” exchangealso serviceincludes provider"ancillary meansequipment anyand person,apparatus includingwhich asupport, municipalregulate, utility,control, thatrepair, providestest, local exchange services, other than a local exchange carrier or aenable non-rate-regulatedsuch wirelineequipment providerto ofaccomplish localits exchangefunction. services under an authorized certificate of public convenience and necessity within a specific geographic area described in maps filed with and approved by the board as of September 30, 1992.

(3)(2) "^Local“Competitive local exchange carrier"service provider” means any personperson, thatincluding wasa themunicipal incumbentutility, andthat historicalprovides rate-regulatedlocal wirelineexchange providerservices, ofother than a local exchange servicescarrier or anya successornon-rate-regulated towireline suchprovider personof that provides local exchange services under an authorized certificate of public convenience and necessity within a specific geographic area described in maps filed with and approved by the board as of September 30, 1992.

(4)(3) '^Transmission“Local equipment"exchange carrier” means equipmentany utilizedperson inthat was the processincumbent and historical rate-regulated wireline provider of sendinglocal informationexchange fromservices oneor locationany successor to anothersuch location.person that provides local exchange services under an authorized certificate of public convenience and necessity within a specific geographic area described in maps filed with and approved by the board as of September 30, 1992.

"^Central(4) office“Transmission equipment"equipment” andmeans "^transmissionequipment '^Transmissionutilized equipment"in alsothe includeprocess includesof ancillarysending equipmentinformation andfrom apparatusone whichlocation support,to regulate,another control.location.

“Central office equipment” and “transmission “Transmission equipment” also include includes ancillary equipment and apparatus which support, regulate, control, House File 693, p.

5 repair, test, or enable such equipment to accomplish its ffunction. u n c t i o n .