Relating to public utilities, including energy production, public utility affiliates, and cable and video service

This bill relates to public utilities, including energy production, public utility affiliates, and cable and video service. DIVISION I. Division I of the bill relates to energy production. Current law defines an “alternate energy production facility” as a solar, wind turbine, waste management, resource recovery, refuse-derived fuel, agricultural crops or residues, or woodburning facility. The bill adds an electric storage unit facility and a nuclear facility to the definition. Under current law, the Iowa utilities board (IUB) administers a small wind innovation zone program to optimize local, regional, and state benefits from wind energy and to facilitate and expedite interconnection of small wind energy systems with electric utilities throughout Iowa. IUB is required to submit to the general assembly an annual report summarizing the number of applications received from political subdivisions seeking to be designated a small wind innovation zone, the number of applications granted, the number of small wind energy systems generating electricity within each small wind innovation zone, and the amount of wind energy produced. The bill strikes the reporting requirement. Current law defines “facility”, for purposes of electric power generating and transmission, as any electric power generating plant or a combination of plants at a single site, owned by any person, with a total capacity of megawatts of electricity or more and those associated transmission lines connecting the generating plant to either a power transmission system or an interconnected primary transmission system or both. The bill includes in the definition of “facility” an electric storage unit with a capacity of or more megawatt hours of electricity. DIVISION II. Division II of the bill relates to public utility affiliates. A public utility affiliate is a party that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with a rate-regulated public utility. Under current law, a public utility affiliate is required to file documents relating to certain transactions with IUB on an annual basis unless, subject to certain restrictions, the amount of consideration involved is not in excess of $50,000 or percent of the capital equity of the utility, whichever is smaller. The bill changes the threshold amount to $250,000 regardless of the capital equity of the utility. A contract or agreement between a public utility and an affiliate is subject to a cross-subsidization prohibition. DIVISION III. Division III of the bill relates to the provision of cable and video service. The bill defines the phrases “cable or video service” and “competitive cable or video service provider” to indicate the inclusion of terms defined in current law. Current law defines “franchise”, in relation to cable or video service, as an initial authorization, or renewal of an authorization, issued by IUB or a municipality, to construct and operate a cable system or video service provider’s network in a public right-of-way. The bill removes “construction and operation” from the definition and instead refers to the authorization of a person to erect, maintain, and operate plants and systems for the provision of a cable or video service provider’s network in a public right-of-way. Current law requires an applicant for a certificate of franchise authority to include in its application copies of advertisements or news releases announcing the applicant’s intent to provide cable service or video service in the service area intended for release if the certificate of franchise authority is granted. The bill strikes that requirement. Current law requires a certificate of franchise authority to include a grant of authority to use and occupy the public right-of-way in the delivery of cable or video service, subject to the laws of this state, including the police powers of the municipalities in which the service is delivered. The bill amends this requirement so the certificate instead grants authority to use and occupy the public right-of-way for the purpose of erecting, maintaining, and operating plants and systems for the provision of cable or video service. Current law also requires the certificate to include a statement that the franchise is for a term of years, is renewable under the terms of this Code section, and is nonexclusive. The bill lengthens the term of a franchise to years.