reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 474 - UTILITIES DIVISION › Section 474.4 - Quorum — personal interest.

474.4 Quorum — personal interest.
A majority of the utilities board shall constitute a quorum for the transaction of business, but no member shall participate in any hearing or proceeding in which the member has any pecuniary interest.
[C97, §2142; C24, 27, 31, 35, 39, §7868; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §474.4]
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 474 - UTILITIES DIVISION › Section 474.5 - Rules, forms and service.

474.5 Rules, forms and service.
1. The utilities board may from time to time make or amend its rules or orders as necessary for the preservation of order and the regulation of proceedings before it, including forms of notice and the service thereof, which shall conform as nearly as may be to those in use in the courts of the state.
2. The utilities board shall adopt rules approving the types of city-owned or utility-owned lighting which shall be used in providing energy-efficient exterior lighting under sections 364.23 and 476.62.
[C97, §2142; C24, 27, 31, 35, 39, §7869; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §474.5]
89 Acts, ch 297, §8
Manner of commencing actions, chapter 617
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 474 - UTILITIES DIVISION › Section 474.6 - Appearances — record of votes — public hearings.

474.6 Appearances — record of votes — public hearings.
Any party may appear before the utilities board and be heard in person or by attorney. Every vote and official action thereof shall be entered of record, and, upon the request of either party or person interested, its proceedings shall be public.
[C97, §2142; C24, 27, 31, 35, 39, §7870; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §474.6]
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 474 - UTILITIES DIVISION › Section 474.7 - Seal.

474.7 Seal.
The utilities board shall have a seal, of which courts shall take judicial notice.
[C97, §2142; C24, 27, 31, 35, 39, §7871; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §474.7]
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 474 - UTILITIES DIVISION › Section 474.8 - Office — time employed — expenses.

474.8 Office — time employed — expenses.
The utilities board shall have an office at the seat of government. Each member shall devote the member’s whole time to the duties of the office, and the members, chief operating officer, and other employees shall receive their actual necessary traveling expenses while in the discharge of their official duties away from the general offices.
[C97, §2121; SS15, §2121; C24, 27, 31, 35, 39, §7872; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §474.8]
2018 Acts, ch 1160, §3; 2019 Acts, ch 24, §66
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 474 - UTILITIES DIVISION › Section 474.9 - General jurisdiction of utilities board.

474.9 General jurisdiction of utilities board.
The utilities board has general supervision of all pipelines and all lines for the transmission, sale, and distribution of electrical current for light, heat, and power pursuant to chapters 476, 476A, 478, 479, 479A, and 479B and has other duties as provided by law.
[S13, §2120-n; C24, 27, 31, 35, 39, §7874; C46, 50, 54, 58, 62, 66, 71, 73, §474.10; C75, 77, 79, 81, §474.9]
88 Acts, ch 1134, §90; 89 Acts, ch 296, §71; 95 Acts, ch 192, §4
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 474 - UTILITIES DIVISION › Section 474.10 - General counsel.

474.10 General counsel.
The board shall employ a competent attorney to serve as its general counsel, and assistants to the general counsel as it finds necessary for the full and efficient discharge of its duties. The general counsel is the attorney for, and legal advisor of, the board and is exempt from the merit system provisions of chapter 8A, subchapter IV. Assistants to the general counsel are subject to the merit system provisions of chapter 8A, subchapter IV. The general counsel or an assistant to the general counsel shall provide the necessary legal advice to the board in all matters and represent the board in all actions instituted in a state or federal court challenging the validity of a rule or order of the board. The existence of a fact which disqualifies a person from election or from acting as a utilities board member disqualifies the person from employment as general counsel or assistant general counsel. The general counsel shall devote full time to the duties of the office. During employment the counsel shall not be a member of a political committee, contribute to a political campaign fund other than through the income tax checkoff for contributions to the presidential election campaign fund, participate in a political campaign, or be a candidate for a political office.
83 Acts, ch 127, §7; 86 Acts, ch 1245, §741; 88 Acts, ch 1158, §77; 2003 Acts, ch 145, §266; 2017 Acts, ch 144, §10, 14
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 475A - CONSUMER ADVOCATE › Section 475A.1 - Consumer advocate.

475A.1 Consumer advocate.
1. Appointment. The attorney general shall appoint a competent attorney to the office of consumer advocate, subject to confirmation by the senate, in accordance with section 2.32. The consumer advocate is the chief administrator of the consumer advocate division of the department of justice. The advocate’s term of office is for four years. The term begins and ends in the same manner as set forth in section 69.19.
2. Vacancy. If a vacancy occurs in the office of consumer advocate, the vacancy shall be filled for the unexpired term in the same manner as an original appointment under the procedures of section 2.32.
3. Disqualification. The existence of a fact which disqualifies a person from election or acting as utilities board member under section 474.2 disqualifies the person from appointment or acting as consumer advocate.
4. Political activity prohibited. The consumer advocate shall devote the advocate’s entire time to the duties of the office. During the advocate’s term of office the advocate shall not be a member of a political committee or contribute to a political campaign fund other than through the income tax checkoff for contributions to the presidential election campaign fund or take part in political campaigns or be a candidate for a political office.
5. Removal. The attorney general may remove the consumer advocate for malfeasance or nonfeasance in office, or for any cause which renders the advocate ineligible for appointment, or incapable or unfit to discharge the duties of the advocate’s office; and the advocate’s removal, when so made, is final.
83 Acts, ch 127, §8, 46; 86 Acts, ch 1245, §742, 743; 2017 Acts, ch 144, §11, 14
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 475A - CONSUMER ADVOCATE › Section 475A.2 - Duties.

475A.2 Duties.
The consumer advocate shall:
1. Investigate the legality of all rates, charges, rules, regulations, and practices of all persons under the jurisdiction of the utilities board, and institute civil proceedings before the board or any court to correct any illegality on the part of any such person. In any such investigation, the person acting for the office of the consumer advocate shall have the power to ask the board to issue subpoenas, compel the attendance and testimony of witnesses, and the production of papers, books, and documents, at the discretion of the board.
2. Act as attorney for and represent all consumers generally and the public generally in all proceedings before the utilities board.
3. Institute as a party judicial review of any decision of the utilities board, if the consumer advocate deems judicial review to be in the public interest.
4. Appear for all consumers generally and the public generally in all actions instituted in any state or federal court which involve the validity of a rule, regulation, or order of the utilities board.
5. Act as attorney for and represent all consumers generally and the public generally in proceedings before federal and state agencies and related judicial review proceedings and appeals, at the discretion of the consumer advocate.
6. Appear and participate as a party in the name of the office of consumer advocate in the performance of the duties of the office.
83 Acts, ch 127, §9
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 475A - CONSUMER ADVOCATE › Section 475A.3 - Office — employees — expenses.

475A.3 Office — employees — expenses.
1. Office. The office of consumer advocate shall be a separate division of the department of justice and located at the same location as the utilities division of the department of commerce. Administrative support services may be provided to the consumer advocate division by the department of commerce.
2. Employees. The consumer advocate may employ attorneys, legal assistants, secretaries, clerks, and other employees the consumer advocate finds necessary for the full and efficient discharge of the duties and responsibilities of the office. The consumer advocate may employ consultants as expert witnesses or technical advisors pursuant to contract as the consumer advocate finds necessary for the full and efficient discharge of the duties of the office. Employees of the consumer advocate division, other than the consumer advocate, are subject to merit employment, except as provided in section 8A.412.
3. Salaries, expenses, and appropriation. The salary of the consumer advocate shall be fixed by the attorney general within the salary range set by the general assembly. The salaries of employees of the consumer advocate shall be at rates of compensation consistent with current standards in industry. The reimbursement of expenses for the employees and the consumer advocate is as provided by law. The appropriation for the office of consumer advocate shall be a separate line item contained in the appropriation from the department of commerce revolving fund created in section 546.12.
83 Acts, ch 127, §10, 46; 86 Acts, ch 1244, §59; 86 Acts, ch 1245, §744; 89 Acts, ch 158, §1; 94 Acts, ch 1107, §79; 2003 Acts, ch 145, §267; 2009 Acts, ch 181, §44
Referred to in §546.12
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 475A - CONSUMER ADVOCATE › Section 475A.4 - Utilities division records.

475A.4 Utilities division records.
The consumer advocate has free access to all the files, records, and documents in the office of the utilities division except:
1. Personal information in confidential personnel records of the utilities division.
2. Records which represent and constitute the work product of the general counsel of the utilities board, and records of confidential communications between utilities board members and their general counsel, where the records relate to a proceeding before the board in which the consumer advocate is a party or a proceeding in any state or federal court in which both the board and the consumer advocate are parties.
3. Customer information of a confidential nature which could jeopardize the customer’s competitive status and is provided by the utility to the division. Such information shall be provided to the consumer advocate by the division, if the board determines it to be in the public interest.
83 Acts, ch 127, §11; 88 Acts, ch 1134, §91; 89 Acts, ch 158, §2
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 475A - CONSUMER ADVOCATE › Section 475A.5 - Service.

475A.5 Service.
The consumer advocate is entitled to service of all documents required by statute or rule to be served on parties in proceedings before the utilities board and all notices, petitions, applications, complaints, answers, motions, and other pleadings filed pursuant to statute or rule with the board.
83 Acts, ch 127, §12
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 475A - CONSUMER ADVOCATE › Section 475A.6 - Certification of expenses to utilities division.

475A.6 Certification of expenses to utilities division.
1. a. The consumer advocate shall determine the advocate’s expenses, including a reasonable allocation of general office expenses, directly attributable to the performance of the advocate’s duties involving specific persons subject to direct assessment, and shall certify the expenses to the utilities division not less than quarterly. The expenses shall then be includable in the expenses of the division subject to direct assessment under section 476.10.
b. The consumer advocate shall annually, within ninety days after the close of each fiscal year, determine the advocate’s expenses, including a reasonable allocation of general office expenses, attributable to the performance of the advocate’s duties generally, and shall certify the expenses to the utilities division. The expenses shall then be includable in the expenses of the division subject to remainder assessment under section 476.10.
2. The consumer advocate is entitled to notice and opportunity to be heard in any utilities board proceeding on objection to an assessment for expenses certified by the consumer advocate. Expenses assessed under this section shall not exceed the amount appropriated for the consumer advocate division of the department of justice.
3. The office of consumer advocate may expend additional funds, including funds for outside consultants, if those additional expenditures are actual expenses which exceed the funds budgeted for the performance of the advocate’s duties. Before the office expends or encumbers an amount in excess of the funds budgeted, the director of the department of management shall approve the expenditure or encumbrance. Before approval is given, the director of the department of management shall determine that the expenses exceed the funds budgeted by the general assembly to the office of consumer advocate and that the office does not have other funds from which such expenses can be paid. Upon approval of the director of the department of management, the office may expend and encumber funds for excess expenses. The amounts necessary to fund the excess expenses shall be collected from those utilities or persons which caused the excess expenditures, and the collections shall be treated as repayment receipts as defined in section 8.2, subsection 8.
83 Acts, ch 127, §13; 90 Acts, ch 1247, §10; 99 Acts, ch 20, §1, 6; 2016 Acts, ch 1011, §84
Referred to in §476.10, 476.53
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 475A - CONSUMER ADVOCATE › Section 475A.7 - Consumer advisory panel.

475A.7 Consumer advisory panel.
The attorney general shall appoint five members and the governor shall appoint four members to a consumer advisory panel to meet at the request of the consumer advocate for consultation regarding public utility regulation. A member shall be appointed from each congressional district with the appointee residing within the congressional district at the time of appointment. The remaining appointees shall be members at large. No more than five members shall belong to the same political party as provided in section 69.16. Not more than a simple majority of the members shall be of the same gender. The members appointed by the attorney general shall serve four-year terms at the pleasure of the attorney general and their appointments are not subject to confirmation. The members appointed by the governor shall serve four-year terms at the pleasure of the governor and their appointments are not subject to confirmation. The governor or attorney general shall fill a vacancy in the same manner as the original appointment for the unexpired portion of the member’s term. Members of the consumer advisory panel shall serve without compensation, but shall be reimbursed for actual expenses from funds appropriated to the consumer advocate division.
83 Acts, ch 127, §14, 47; 86 Acts, ch 1244, §60; 86 Acts, ch 1245, §746
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.1 - Applicability of authority.

476.1 Applicability of authority.
1. The utilities board within the utilities division of the department of commerce shall regulate the rates and services of public utilities to the extent and in the manner hereinafter provided.
2. As used in this chapter, “board” or “utilities board” means the utilities board within the utilities division of the department of commerce.
3. As used in this chapter, “public utility” shall include any person, partnership, business association, or corporation, domestic or foreign, owning or operating any facilities for:
a. Furnishing gas by piped distribution system or electricity to the public for compensation.
b. Furnishing communications services to the public for compensation.
c. Furnishing water by piped distribution system to the public for compensation.
d. Furnishing sanitary sewage or storm water drainage disposal by piped collection system to the public for compensation.
4. This chapter does not apply to municipally owned waterworks, waterworks having less than two thousand customers, joint water utilities established pursuant to chapter 389, rural water districts incorporated and organized pursuant to chapters 357A and 504, cooperative water associations incorporated and organized pursuant to chapter 499, municipally owned sanitary sewage or storm water drainage systems, sanitary districts incorporated and organized pursuant to chapter 358, districts organized pursuant to chapter 468, or a person furnishing electricity to five or fewer customers either by secondary line or from an alternate energy production facility or small hydro facility, from electricity that is produced primarily for the person’s own use.
5. The jurisdiction of the board under this chapter shall include efforts designed to promote the use of energy efficiency strategies by gas and electric utilities required to be rate-regulated.
[C66, 71, 73, 75, §490A.1; C77, 79, 81, §476.1; 81 Acts, ch 156, §4]
83 Acts, ch 127, §15, 16; 84 Acts, ch 1031, §1; 88 Acts, ch 1172, §2; 90 Acts, ch 1252, §18; 91 Acts, ch 150, §1; 91 Acts, ch 168, §9; 96 Acts, ch 1196, §1; 2004 Acts, ch 1049, §191; 2004 Acts, ch 1175, §393; 2012 Acts, ch 1023, §67; 2016 Acts, ch 1013, §1, 2; 2018 Acts, ch 1135, §3; 2018 Acts, ch 1160, §4
Referred to in §8B.25, 16.151, 306.46, 331.301, 352.6, 364.3, 388.2A, 423.3, 455H.304, 476.6, 476.20, 476.22, 476.27, 476.58, 476.84, 476.91, 499.30, 499.33, 714H.4, 716.6B, 716.7
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.1A - Applicability of authority — certain electric utilities.

476.1A Applicability of authority — certain electric utilities.
1. Electric public utilities having fewer than ten thousand customers and electric cooperative corporations and associations are not subject to the regulation authority of the board, except for regulatory action pertaining to all of the following:
a. Assessment of fees for the support of the division and the office of consumer advocate, pursuant to section 476.10.
b. Safety and engineering standards for equipment, operations, and procedures.
c. Assigned area of service.
d. Pilot projects of the board.
e. Filing alternate energy purchase program plans with the board, and offering such programs to customers, pursuant to section 476.47.
2. However, sections 476.20, subsections 1 through 4, 476.21, 476.51, 476.56, 476.62, and 476.66 and chapters 476A and 478, to the extent applicable, apply to such electric utilities.
3. Electric cooperative corporations and associations and electric public utilities exempt from rate regulation under this section shall not make or grant any unreasonable preferences or advantages as to rates or services to any person or subject any person to any unreasonable prejudice or disadvantage.
4. The board of directors or the membership of an electric cooperative corporation or association otherwise exempt from rate regulation may elect to have the cooperative’s rates regulated by the board. The board shall adopt rules prescribing the manner in which the board of directors or the membership of an electric cooperative may so elect. If the board of directors or the membership of an electric cooperative has elected to have the cooperative’s rates regulated by the board, after two years have elapsed from the effective date of such election the board of directors or the membership of the electric cooperative may elect to exempt the cooperative from the rate regulation authority of the board, provided, however, that if the membership elected to have the cooperative’s rates regulated by the board, only the membership may elect to exempt the cooperative from the rate regulation authority of the board.
86 Acts, ch 1039, §1; 88 Acts, ch 1174, §1; 88 Acts, ch 1175, §1; 89 Acts, ch 297, §9; 90 Acts, ch 1252, §19; 96 Acts, ch 1196, §2, 3
; 2001 Acts, 1st Ex, ch 4, §8, 36
; 2008 Acts, ch 1133, §2, 9; 2017 Acts, ch 169, §36, 49; 2018 Acts, ch 1135, §4
Referred to in §476.44, 476.58
Subsection 1, paragraph e stricken effective July 1, 2022, pursuant to its own terms and former paragraph f redesignated as e
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.1B - Applicability of authority — municipally owned utilities.

476.1B Applicability of authority — municipally owned utilities.
1. Unless otherwise specifically provided by statute, a municipally owned utility furnishing gas or electricity is not subject to regulation by the board under this chapter, except for regulatory action pertaining to:
a. Assessment of fees for the support of the division and the office of consumer advocate, as set forth in section 476.10.
b. Safety standards.
c. Assigned areas of service, as set forth in sections 476.22 through 476.26.
d. Enforcement of civil penalties pursuant to section 476.51.
e. Disconnection of service, as set forth in section 476.20, subsections 1 through 4.
f. Encouragement of alternate energy production facilities, as set forth in sections 476.41 through 476.45.
g. Enforcement of section 476.56.
h. Enforcement of section 476.66.
i. Enforcement of section 476.62.
j. An electric power agency as defined in chapter 28F and section 390.9 that includes as a member a city or municipally owned utility that builds transmission facilities after July 1, 2001, is subject to applicable transmission reliability rules or standards adopted by the board for those facilities.
k. Filing alternate energy purchase program plans with the board, and offering such programs to customers, pursuant to section 476.47.
2. The board may waive all or part of the energy efficiency filing and review requirements for municipally owned utilities which demonstrate superior results with existing energy efficiency efforts.
3. Unless otherwise specifically provided by statute, a municipally owned utility providing local exchange services is not subject to regulation by the board under this chapter except for regulatory action pertaining to the enforcement of sections 476.95, 476.95A, 476.95B, 476.100, and 476.102.
86 Acts, ch 1162, §1; 88 Acts, ch 1174, §2; 88 Acts, ch 1175, §2; 89 Acts, ch 297, §10; 90 Acts, ch 1252, §20; 96 Acts, ch 1196, §4, 5; 97 Acts, ch 81, §1, 2, 6; 99 Acts, ch 63, §7, 8
; 2001 Acts, 1st Ex, ch 4, §9, 36
; 2008 Acts, ch 1133, §3, 9; 2010 Acts, ch 1018, §6; 2017 Acts, ch 62, §4; 2017 Acts, ch 169, §37, 49; 2018 Acts, ch 1135, §5; 2018 Acts, ch 1160, §5
Referred to in §364.3, 476.58
Subsection 1, paragraph j stricken effective July 1, 2022, pursuant to its own terms, and former paragraphs k and l redesignated as j and k
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.4 - Tariffs filed.

476.4 Tariffs filed.
1. Every public utility shall file with the board tariffs showing the rates and charges for its public utility services and the rules and regulations under which such services were furnished, on April 1, 1963, which rates and charges shall be subject to investigation by the board as provided in section 476.3, and upon such investigation the burden of establishing the reasonableness of such rates and charges shall be upon the public utility filing the same. These filings shall be made under such rules as the board may prescribe within such time and in such form as the board may designate. In prescribing rules and regulations with respect to the form of tariffs and any other regulations, the board shall, in the case of public utilities subject to regulation by any federal agency, give due regard to any corresponding rules and regulations of such federal agency, to the end that unnecessary duplication of effort and expense may be avoided so far as reasonably possible. Each public utility shall keep copies of its tariffs open to public inspection under such rules as the board may prescribe.
2. No later than January 1, 2015, a telephone utility is required to file tariffs as provided in this section only for such wholesale services as may be specified by the board.
3. Every rate, charge, rule, and regulation contained in any filing made with the commission on or prior to July 4, 1963, shall be effective as of such date, subject, however, to investigation as provided in this chapter. If any such filing is made prior to the time the commission prescribes rules, and if such filing does not comply as to form or substance with such rules, then the public utility which filed the same shall within a reasonable time after the adoption of such rules make a new filing or filings complying with such rules, which new filing or filings shall be deemed effective as of July 4, 1963.
[C66, 71, 73, 75, §490A.4; C77, 79, 81, §476.4]
2014 Acts, ch 1099, §4; 2018 Acts, ch 1135, §7; 2020 Acts, ch 1063, §263; 2021 Acts, ch 80, §308
Referred to in §476.43
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.5 - Adherence to schedules.

476.5 Adherence to schedules.
No public utility subject to rate regulation shall directly or indirectly charge a greater or less compensation for its services than that prescribed in its tariffs, and no such public utility shall make or grant any unreasonable preferences or advantages as to rates or services to any person or subject any person to any unreasonable prejudice or disadvantage.
[C66, 71, 73, 75, §490A.5; C77, 79, 81, §476.5]
2014 Acts, ch 1099, §5
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.6A - Alternate energy production facilities — notification requirements.

476.6A Alternate energy production facilities — notification requirements.
1. On and after January 1, 2013, the owner of an alternate energy production facility, as defined in section 476.42, which when constructed or installed will be attached to an electric transmission or distribution line or attached to equipment which is attached to an electric transmission or distribution line, who has not entered into a power purchase agreement with a public utility, shall be subject to the notification requirements of subsection 2.
2. No later than thirty days prior to commencement of the construction or installation of an alternate energy production facility as described in subsection 1, the owner of the facility shall provide written notice to the public utility within whose service territory the facility is to be located of the owner’s intent to construct or install the facility, the type of facility to be constructed or installed, and the date that the facility is anticipated to commence operation.
2012 Acts, ch 1027, §1
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.7 - Application by utility for review.

476.7 Application by utility for review.
If there shall be filed with the board by any public utility an application requesting the board to determine the reasonableness of the utility’s rates, charges, schedules, service or regulations, the board shall promptly initiate a formal proceeding. Such a formal proceeding may be initiated at any time by the board on its own motion. Whenever such a proceeding has been initiated upon application or motion, the board shall set the case for hearing and give such notice thereof as it deems appropriate. Whenever the board, after a hearing held after reasonable notice, finds any public utility’s rates, charges, schedules, service or regulations are unjust, unreasonable, insufficient, discriminatory or otherwise in violation of any provision of law, the board shall determine just, reasonable, sufficient and nondiscriminatory rates, charges, schedules, service or regulations to be thereafter observed and enforced.
[C66, 71, 73, 75, §490A.7; C77, 79, 81, §476.7]
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.8 - Utility charges and service.

476.8 Utility charges and service.
1. Every public utility is required to furnish reasonably adequate service and facilities. “Reasonably adequate service and facilities” for public utilities furnishing gas or electricity includes programs for customers to encourage the use of energy efficiency and renewable energy sources. The charge made by any public utility for any heat, light, gas, energy efficiency and renewable energy programs, water or power produced, transmitted, delivered or furnished, sanitary sewage or storm water collected and treated, or communications services, or for any service rendered or to be rendered in connection therewith shall be reasonable and just, and every unjust or unreasonable charge for such service is prohibited and declared unlawful. In determining reasonable and just rates, the board shall consider all factors relating to value and shall not be bound by rate base decisions or rulings made prior to the adoption of this chapter.
2. The board, in determining the value of materials or services to be included in valuations or costs of operations for rate-making purposes, may disallow any unreasonable profit made in the sale of materials to or services supplied for any public utility by any firm or corporation owned or controlled directly or indirectly by such utility or any affiliate, subsidiary, parent company, associate or any corporation whose controlling stockholders are also controlling stockholders of such utility. The burden of proof shall be on the public utility to prove that no unreasonable profit is made.
[C66, 71, 73, 75, §490A.8; C77, 79, 81, §476.8]
83 Acts, ch 127, §27; 90 Acts, ch 1252, §28; 2016 Acts, ch 1013, §3
Referred to in §476.2
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.9 - Accounts rendered to board.

476.9 Accounts rendered to board.
1. Every public utility, except telecommunications service providers registered pursuant to section 476.95A, shall keep and render to the board in the manner and form prescribed by the board uniform accounts of all business transacted.
2. Every public utility engaged directly or indirectly in any other business than that of the production, transmission, or furnishing of heat, light, water, power, or the collection and treatment of sanitary sewage or storm water for the public shall, if required by the board, keep and render separately to the board in like manner and form the accounts of all such other business, in which case all the provisions of this chapter shall apply to the books, accounts, papers and records of such other business and all profits and losses may be taken into consideration by the board if deemed relevant to the general fiscal condition of the public utility.
3. Every public utility, except telecommunications service providers registered pursuant to section 476.95A, is required to keep and render its books, accounts, papers and records accurately and faithfully in the manner and form prescribed by the board, and to comply with all directions of the board relating to such books, accounts, papers and records.
4. The board shall consult with other state and federal regulatory bodies for the purpose of eliminating accounting discrepancies with regard to the keeping of public utility accounts before prescribing any system of accounts to be kept by the public utility.
[C66, 71, 73, 75, §490A.9; C77, 79, 81, §476.9]
2016 Acts, ch 1013, §4; 2018 Acts, ch 1160, §11
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.10A - Funding for Iowa energy center and center for global and regional environmental research.

476.10A Funding for Iowa energy center and center for global and regional environmental research. Repealed by its own terms; 2017 Acts, ch 513, §41.
Repeal of section is effective July 1, 2022; 2017 Acts, ch 513, §41
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.12 - Rehearings before board.

476.12 Rehearings before board.
Notwithstanding the Iowa administrative procedure Act, chapter 17A, any party, as defined in the rules and regulations promulgated by the board as provided in section 476.2, to a contested case before the board may within twenty days after the issuance of the final decision apply for a rehearing. The board shall either grant or refuse an application for rehearing within thirty days after the filing of the application, or may after giving the interested parties notice and opportunity to be heard and after consideration of all the facts, including those arising since the making of the order, abrogate or modify its order. A failure by the board to act upon the application for rehearing within the above period shall be deemed a refusal of the application. Neither the filing of an application for rehearing nor the granting of the application shall stay the effectiveness of an order unless the board so directs.
[C66, 71, 73, 75, §490A.12; C77, 79, 81, §476.12]
88 Acts, ch 1100, §2; 2003 Acts, ch 44, §114
Referred to in §478.32, 479.32, 479B.22
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.13 - Judicial review.

476.13 Judicial review.
1. Notwithstanding the Iowa administrative procedure Act, chapter 17A, the district court for Polk county or for the county in which a public utility maintains its principal place of business has exclusive venue for the judicial review under chapter 17A of actions of the board pursuant to rate-regulatory powers over that public utility.
2. Upon the filing of a petition for judicial review in an action referred to in subsection 1, the clerk of the district court shall notify the chief justice of the supreme court for purposes of assignment of a district judge under section 602.1212. The judicial review proceeding shall be heard by the district judge appointed by the supreme court under section 602.1212, but in the county of venue under subsection 1.
3. Notwithstanding the Iowa administrative procedure Act, chapter 17A, if a public utility seeks judicial review of an order approving rates for the public utility, the level of rates that may be collected, under bond and subject to refund, while the appeal is pending shall be limited to the level of the temporary rates set by the board, or the level of the final rates set by the board, whichever is greater. During the period the judicial review proceeding is pending, the board shall retain jurisdiction to determine the rate of interest to be paid on any refunds eventually required on rates collected during judicial review.
[C66, 71, 73, 75, §490A.13; C77, 79, 81, §476.13]
83 Acts, ch 127, §29; 2003 Acts, ch 44, §114
Referred to in §602.1212
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.14 - Violations stopped.

476.14 Violations stopped.
Whenever the board shall be of the opinion that any public utility or any other person is violating this chapter or any order of the board, the board may commence an action in the district court for the county in which such violation is alleged to have occurred, to have such violation stopped and prevented by injunction, mandamus or other appropriate remedy.
[C66, 71, 73, 75, §490A.20; C77, 79, 81, §476.14]
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.15 - Extent of jurisdiction.

476.15 Extent of jurisdiction.
The jurisdiction and powers of the board shall extend as provided in this chapter to the utility business of public utilities operating within this state to the full extent permitted by the Constitution and laws of the United States.
[C66, 71, 73, 75, §490A.21; C77, 79, 81, §476.15]
2019 Acts, ch 59, §171
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.16 - Annual report.

476.16 Annual report.
The board shall include in its annual report required under sections 7A.1 and 7A.10 among other matters, to the extent such regulation is conferred upon the board by this chapter, the following:
1. A complete financial report of receipts and expenditures, including list of public utilities and separately the amount of total fees and assessments paid by each.
2. A list of the applications, subject and disposition of each docket number under this chapter, including board fees for such docket assessed by the board.
[C66, 71, 73, 75, §490A.22; C77, 79, 81, §476.16]
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.17 - Peak-load energy conservation.

476.17 Peak-load energy conservation.
1. The board may promulgate rules pursuant to chapter 17A which require or authorize a public utility to establish peak-load management procedures.
2. Rules of the board shall relate to reducing or limiting the peak-load period consumption.
3. In promulgating rules under this section, the board is not bound by decisions, rulings or orders which relate to the definitions of types or classes of customers and which were issued by the Iowa state commerce commission prior to July 1, 1980.
[C81, §476.17]
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.18 - Impermissible charges.

476.18 Impermissible charges.
1. Public utilities subject to rate regulation are prohibited from including either directly or indirectly in their charges or rates to customers the costs of lobbying.
2. Legal costs and attorney fees incurred by a public utility subject to rate regulation in an appeal in state or federal court involving the validity of any action of the board shall not be included either directly or indirectly in the public utility’s charges or rates to customers except to the extent that recovery of legal costs and attorney fees is allowed by the board. The board shall allow a public utility to recover reasonable legal costs and attorney fees incurred in the appeal. The board may consider the degree of success of the legal arguments of the public utility in determining the reasonable legal costs and attorney fees to be allowed.
3. a. Public utilities subject to rate regulation are prohibited from including either directly or indirectly in their charges or rates to customers the costs of advertising other than advertising which is required by the board or by other state or federal regulation. However, this subsection does not apply to a utility’s advertising which is deemed by the board to be necessary for the utility’s customers and which is approved by the board.
b. Every ad which is published, broadcast, or otherwise displayed or disseminated to the public by a public utility which is to be charged to the customers of the public utility and which is not required by the board or by other state or federal regulation shall include a statement in the ad that the costs of the ad are being charged to the customers of the public utility. This paragraph does not apply to a utility’s product or service that is or becomes subject to competition as determined by the board.
4. This section does not apply to a rural electric cooperative.
83 Acts, ch 127, §30; 84 Acts, ch 1225, §1; 2011 Acts, ch 25, §143
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.19 - Construction of statutes.

476.19 Construction of statutes.
Nothing contained in this chapter shall be construed to invalidate any proceedings under statutes existing prior to the enactment of this chapter; nor shall any action, litigation or appeal pending prior to the effective date of rate regulation of this chapter be affected.
[C66, 71, 73, 75, §490A.25; C77, 79, 81, §476.19]
2019 Acts, ch 59, §172
Chapter enacted in 1963 Acts, ch 2861963 Acts, ch 286
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.21 - Discrimination prohibited.

476.21 Discrimination prohibited.
A corporation or cooperative association providing electrical or gas service shall not consider the use of renewable energy sources by a customer as a basis for establishing discriminatory rates or charges for any service or commodity sold to the customer or discontinue services or subject the customer to any other prejudice or disadvantage based on the customer’s use or intended use of renewable energy sources. As used in this section, “renewable energy sources” includes but is not limited to solar heating, wind power and the conversion of urban and agricultural organic wastes into methane gas and liquid fuels.
[C79, 81, §476.21]
2018 Acts, ch 1135, §16
Referred to in §476.1A, 476.1C
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.22 - Definition.

476.22 Definition.
As used in this subchapter, unless the context otherwise requires, “electric utility” includes a public utility furnishing electricity as defined in section 476.1 and a city utility as defined in section 390.1.
[C77, 79, 81, §476.22]
2021 Acts, ch 80, §309
Referred to in §476.1B
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.24 - Electric utility service area maps.

476.24 Electric utility service area maps.
1. On or before July 1, 1977, and subsequently whenever requested by the board, electric utilities furnishing electricity to the public for compensation in this state shall file, jointly or severally, with the board detailed maps of their service area drawn to a scale of not less than one inch per mile or drawn to a larger scale if required for clarity showing all of the following:
a. The locations of an electric utility’s generation, franchised transmission lines, distribution lines, and related facilities as of January 1, 1976.
b. All state and federal highways and other public roads within the electric utility’s service area.
c. All section lines and numbers and township and range numbers within the electric utility’s service area.
d. The corporate boundaries of all cities within the electric utility’s service area.
e. All lakes and rivers within the electric utility’s service area.
f. All railroads within the electric utility’s service area.
g. Any additional information requested by the board.
2. On or before July 1, 1978, and subsequently when deemed by the board to be necessary, the board shall prepare or cause to have prepared a composite map of this state showing the service areas of electric utilities as submitted by the electric utilities. The form and detail of all maps shall be determined by the board.
[C77, 79, 81, §476.24]
Referred to in §476.1B
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.26 - Effect of incorporation, annexation, or consolidation.

476.26 Effect of incorporation, annexation, or consolidation.
The inclusion by incorporation, consolidation, or annexation of any facilities or service area of an electric utility within the boundaries of any city shall not by such inclusion impair or affect in any respect the rights of the electric utility to continue to provide electric utility service and to extend service to prospective customers in accordance with the provisions of this subchapter.
[C66, 71, 73, 75, §490A.23; C77, 79, 81, §476.26]
2014 Acts, ch 1026, §143
Referred to in §476.1B
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.31 - Continuing audit of operation.

476.31 Continuing audit of operation.
The board shall adopt not later than July 1, 1983, rules and policies to implement a program for the continuous review of operations of rate-regulated public utilities with respect to all matters that affect rates or charges for utility service.
[81 Acts, ch 156, §1]
Referred to in §476.3, 476.10
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.32 - Review of annual reports.

476.32 Review of annual reports.
The board shall review annual reports submitted by rate-regulated public utilities. The board shall commence rate-review proceedings under this chapter if an annual report indicates that the earnings of the public utility are excessive.
[81 Acts, ch 156, §2]
Referred to in §476.3
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.41 - Purpose.

476.41 Purpose.
It is the policy of this state to encourage the development of alternate energy production facilities and small hydro facilities in order to conserve our finite and expensive energy resources and to provide for their most efficient use.
83 Acts, ch 182, §2
Referred to in §476.1B, 476.43
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.42 - Definitions.

476.42 Definitions.
As used in this subchapter, unless the context otherwise requires:
1. a. “Alternate energy production facility” means any or all of the following:
(1) A solar, wind turbine, waste management, resource recovery, refuse-derived fuel, agricultural crops or residues, or woodburning facility. For purposes of this definition only, “waste management” includes a facility using plasma gasification to produce synthetic gas, either as a stand-alone fuel or for blending with natural gas, the output of which is used to generate electricity or steam. For purposes of this definition only, “plasma gasification” means the thermal dissociation of carbonaceous material into fragments of compounds in an oxygen-starved environment.
(2) Land, systems, buildings, or improvements that are located at the project site and are necessary or convenient to the construction, completion, or operation of the facility.
(3) Transmission or distribution facilities necessary to conduct the energy produced by the facility to users located at or near the project site.
b. A facility which is a qualifying facility under
18 C.F.R. pt. 292, subpt. B
is not precluded from being an alternate energy production facility under this subchapter.
2. “Electric utility” means a public utility that furnishes electricity to the public for compensation.
3. “Next generating plant” means an electric utility’s assumed next coal-fired base load electric generating plant, whether planned or not, based on current technology and undiscounted current cost.
4. a. “Small hydro facility” means any or all of the following:
(1) A hydroelectric facility at a dam.
(2) Land, systems, buildings, or improvements that are located at the project site and are necessary or convenient to the construction, completion, or operation of the facility.
(3) Transmission or distribution facilities necessary to conduct the energy produced by the facility to users located at or near the project site.
b. A facility which is a qualifying facility under
18 C.F.R. pt. 292, subpt. B
is not precluded from being a small hydro facility under this subchapter.
83 Acts, ch 182, §3; 90 Acts, ch 1252, §31 – 33; 92 Acts, ch 1017, §1; 2010 Acts, ch 1061, §180; 2011 Acts, ch 25, §125; 2011 Acts, ch 77, §1; 2014 Acts, ch 1026, §143
Referred to in §15E.61, 15E.351, 260C.18A, 476.1B, 476.6A, 476.46, 476.49, 476.53, 476.58