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Senate
File
2443
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SENATE
FILE
2443
BY
COMMITTEE
ON
LOCAL
GOVERNMENT
(SUCCESSOR
TO
SSB
3153)
(As
Amended
and
Passed
by
the
Senate
March
10,
2026
)
A
BILL
FOR
An
Act
related
to
competitive
information
of
city
utilities.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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2443
Section
1.
Section
388.9,
subsection
1,
Code
2026,
is
1
amended
to
read
as
follows:
2
1.
Notwithstanding
section
21.5,
subsection
1
,
the
3
governing
body
of
a
city
utility
or
combined
utility
system,
4
or
a
city
enterprise
or
combined
city
enterprise
as
defined
in
5
section
384.80
,
by
a
vote
of
two-thirds
of
the
members
of
the
6
body
or
all
of
the
members
present
at
the
meeting,
may
hold
7
a
closed
session
to
discuss
marketing
and
pricing
strategies
8
or
proprietary
information
if
its
the
competitive
position
9
of
the
city
utility
or
combined
utility
system,
other
public
10
utilities,
or
a
third
party
utility
vendor
would
be
harmed
11
by
public
disclosure
and
such
disclosure
is
not
required
of
12
potential
or
actual
competitors
,
and
if
no
public
purpose
would
13
be
served
by
such
disclosure
.
The
minutes
and
an
audio
or
14
audiovisual
recording
of
a
session
closed
under
this
subsection
15
shall
be
available
for
public
examination
at
that
point
in
time
16
when
the
public
disclosure
would
no
longer
harm
the
utility’s
17
competitive
position.
18
Sec.
2.
Section
388.9,
subsection
2,
paragraph
b,
Code
2026,
19
is
amended
to
read
as
follows:
20
b.
For
purposes
of
this
subsection
section
,
“proprietary
21
information”
includes
confidential
information
pursuant
to
22
section
22.7;
customer
records
that
if
disclosed
would
harm
23
the
competitive
position
of
a
customer
or
an
electric
utility
;
24
or
information
required
by
a
noncustomer
contracting
party
to
25
be
kept
confidential
pursuant
to
a
nondisclosure
agreement
26
which
relates
related
to
electric
transmission
planning
27
and
construction,
critical
energy
infrastructure,
electric
28
generation
capacity
planning,
energy
markets
or
prices,
or
an
29
ownership
interest
or
acquisition
of
an
ownership
interest
in
30
an
electric
generating
facility,
including
but
not
limited
to
31
information
required
to
be
kept
confidential
pursuant
to
a
32
nondisclosure
agreement,
or
other
information
made
confidential
33
by
law
or
rule.
34
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