A bill for an act relating to the administration of the utilities commission, including the creation of the position of executive director and modification of the duties and titles of the chairperson and executive staff.(Formerly HSB 513 .)

House

File

2229

-

Introduced

HOUSE

FILE

2229

BY

COMMITTEE

ON

COMMERCE

(SUCCESSOR

TO

HSB

513)

A

BILL

FOR

An

Act

relating

to

the

administration

of

the

utilities

1

commission,

including

the

creation

of

the

position

of

2

executive

director

and

modification

of

the

duties

and

titles

3

of

the

chairperson

and

executive

staff.

4

BE

IT

ENACTED

BY

THE

GENERAL

ASSEMBLY

OF

THE

STATE

OF

IOWA:

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Section

1.

Section

474.1,

subsection

2,

Code

2026,

is

1

amended

to

read

as

follows:

2

2.

a.

Subject

to

confirmation

by

the

senate,

the

governor

3

shall

appoint

a

member

as

the

chairperson

of

the

commission.

4

The

chairperson

shall

be

the

administrator

of

the

utilities

5

commission.

The

chairperson

shall

moderate

contested

cases,

6

as

defined

by

section

17A.2,

meetings,

as

defined

by

section

7

21.2,

or

other

proceedings.

The

appointment

as

chairperson

8

shall

be

for

a

two-year

term

,

which

begins

and

ends

as

provided

9

in

section

69.19

.

10

b.

The

commission

,

by

majority

vote

of

the

members,

shall

11

appoint

a

chief

operating

officer

an

executive

director

to

12

manage

the

operations

of

the

utilities

commission

and

its

staff

13

under

the

direction

of

the

commission.

The

executive

director

14

shall

not

serve

as

a

member

of

the

commission

and

shall

serve

15

at

the

pleasure

of

the

commission

.

The

commission

shall

set

16

the

salary

of

the

chief

operating

officer

executive

director

17

within

the

limits

of

the

pay

plan

for

exempt

positions

provided

18

for

in

section

8A.413,

subsection

3

,

unless

otherwise

provided

19

by

the

general

assembly.

The

initial

appointment

of

the

first

20

executive

director

after

the

effective

date

of

this

Act

shall

21

be

exempt

from

the

requirements

of

section

8A.412

and

all

22

provisions

of

chapter

8A

relating

to

competitive

recruitment,

23

examination,

and

selection

processes

for

classified

employees.

24

Following

the

termination

of

the

service

of

the

first

executive

25

director

appointed

pursuant

to

this

paragraph,

the

executive

26

director

shall

be

subject

to

section

8A.412

and

all

provisions

27

of

chapter

8A

governing

competitive

recruitment,

examination,

28

and

selection

processes

for

classified

employees.

The

29

commission

shall

oversee,

evaluate,

and

provide

direction

30

to

the

executive

director

concerning

the

operations

of

the

31

commission.

The

executive

director

shall

be

selected

primarily

32

for

administrative

ability

and

knowledge

in

the

field,

without

33

regard

to

political

affiliation.

The

commission

may

shall

34

employ

additional

personnel

to

fulfill

its

responsibilities

as

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an

independent

agency

and

carry

out

duties

of

the

commission

1

as

it

finds

necessary.

2

Sec.

2.

Section

474.2,

Code

2026,

is

amended

to

read

as

3

follows:

4

474.2

Certain

persons

barred

from

office.

5

A

person

who

is

employed

by

any

common

carrier

or

other

6

public

utility

or

who

owns

any

bonds,

stock,

or

property

in

7

any

public

utility

shall

not

be

eligible

to

hold

the

office

of

8

utilities

commission

member

or

chief

operating

officer

of

the

9

utilities

commission

executive

director

.

A

member

or

chief

10

operating

officer

executive

director

who

enters

into

employment

11

with

any

common

carrier

or

other

public

utility

or

who

acquires

12

any

stock

or

other

interest

in

any

common

carrier

or

other

13

public

utility

after

appointment

as

a

member

or

chief

operating

14

officer

executive

director

shall

be

disqualified

from

holding

15

or

performing

the

duties

of

the

office.

16

Sec.

3.

Section

474.8,

Code

2026,

is

amended

to

read

as

17

follows:

18

474.8

Office

——

time

employed

——

expenses.

19

The

utilities

commission

shall

have

an

office

at

the

seat

20

of

government.

Each

member

shall

devote

the

member’s

whole

21

time

to

the

duties

of

the

office,

and

the

members,

chief

22

operating

officer

executive

director

,

and

other

employees

shall

23

receive

their

actual

necessary

traveling

expenses

while

in

24

the

discharge

of

their

official

duties

away

from

the

general

25

offices.

26

Sec.

4.

Section

476.51,

subsection

5,

Code

2026,

is

amended

27

to

read

as

follows:

28

5.

Civil

penalties

collected

pursuant

to

this

section

from

29

utilities

providing

water,

electric,

or

gas

service

shall

be

30

forwarded

by

the

chief

operating

officer

executive

director

31

of

the

commission

to

the

treasurer

of

state

to

be

credited

to

32

the

general

fund

of

the

state

and

to

be

used

only

for

the

low

33

income

home

energy

assistance

program

and

the

weatherization

34

assistance

program

administered

by

the

department

of

health

and

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human

services.

Civil

penalties

collected

pursuant

to

this

1

section

from

utilities

providing

telecommunications

service

2

shall

be

forwarded

to

the

treasurer

of

state

to

be

credited

to

3

the

commerce

revolving

fund

created

in

section

546.12

to

be

4

used

only

for

consumer

education

programs

administered

by

the

5

commission.

Penalties

paid

by

a

rate-regulated

public

utility

6

pursuant

to

this

section

shall

be

excluded

from

the

utility’s

7

costs

when

determining

the

utility’s

revenue

requirement,

and

8

shall

not

be

included

either

directly

or

indirectly

in

the

9

utility’s

rates

or

charges

to

customers.

10

Sec.

5.

Section

476.103,

subsection

4,

paragraph

c,

Code

11

2026,

is

amended

to

read

as

follows:

12

c.

A

civil

penalty

collected

pursuant

to

this

subsection

13

shall

be

forwarded

by

the

chief

operating

officer

executive

14

director

of

the

commission

to

the

treasurer

of

state

to

be

15

credited

to

the

commerce

revolving

fund

created

in

section

16

546.12

and

to

be

used

only

for

consumer

education

programs

17

administered

by

the

commission.

18

EXPLANATION

19

The

inclusion

of

this

explanation

does

not

constitute

agreement

with

20

the

explanation’s

substance

by

the

members

of

the

general

assembly.

21

This

bill

relates

to

the

administration

of

the

utilities

22

commission

by

creating

the

position

of

executive

director

23

and

modifying

the

duties

and

titles

of

the

chairperson

and

24

executive

staff.

25

The

bill

specifies

the

chairperson’s

duties

regarding

26

moderating

meetings

and

proceedings.

27

The

bill

replaces

the

position

of

chief

operating

officer

28

with

executive

director,

and

makes

conforming

changes

by

29

replacing

references

of

“chief

operating

officer”

with

30

“executive

director”.

The

bill

states

that

the

commission

31

shall

appoint

the

executive

director

by

a

majority

vote,

32

the

executive

director

will

serve

at

the

pleasure

of

the

33

commission,

and

the

executive

director

will

be

overseen

and

34

evaluated

by

the

commission.

The

bill

also

explains

the

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appointment

procedure

and

criteria

for

the

new

position.

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