Senate
File
315
-
Introduced
SENATE
FILE
315
BY
BEALL
,
HOUSER
,
SENG
,
and
BOLKCOM
A
BILL
FOR
An
Act
establishing
farm-owned
distributed
generation
facility
1
purchase
requirements
applicable
to
specified
utilities,
2
making
penalties
applicable,
and
including
effective
date
3
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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315
Section
1.
NEW
SECTION
.
476.49
Distributed
generation
——
1
purchase
requirements
——
penalties.
2
1.
Notwithstanding
section
476.44
or
any
other
provision
3
of
law
to
the
contrary,
the
board
shall
require
rate-regulated
4
public
utilities
and
generation
and
transmission
electric
5
cooperatives
to
purchase
specified
amounts
of
their
required
6
electrical
output
from
distributed
generation
facilities.
For
7
purposes
of
this
section,
“distributed
generation
facility”
8
means
a
biomass
conversion
facility,
a
solar
energy
conversion
9
facility,
or
a
wind
energy
conversion
facility,
as
those
10
terms
are
defined
in
section
476C.1,
which
is
located
on
11
farm
property
and
meets
the
requirements
of
section
476C.1,
12
subsection
6,
paragraph
“a”
,
and
section
476C.1,
subsection
6,
13
paragraph
“b”
,
subparagraph
(2)
or
(6).
For
purposes
of
this
14
section,
“generation
and
transmission
electric
cooperatives”
15
means
the
same
as
defined
in
section
437A.3,
subsection
10.
16
2.
An
electric
utility
or
generation
and
transmission
17
electric
cooperative
subject
to
this
section
shall
submit
18
filings
to
the
board
documenting
the
following:
19
a.
(1)
That
by
July
1,
2018,
the
utility
or
cooperative
20
is
purchasing
a
minimum
of
two
percent
of
their
required
21
electrical
output
from
distributed
generation
facilities.
22
The
utility
or
cooperative
shall
submit
a
filing
by
January
23
1,
2014,
and
by
each
January
1
through
January
1,
2018,
24
demonstrating
proportional
progress
toward
attainment
of
this
25
requirement.
26
(2)
That
the
electricity
is
purchased
from
distributed
27
generation
facilities
in
the
following
percentage
amounts:
28
(i)
Sixty
percent
from
wind
energy
conversion
facilities.
29
Of
this
sixty
percent,
fifteen
percent
shall
be
purchased
30
from
facilities
with
a
nameplate
generating
capacity
or
the
31
energy
production
capacity
equivalent
of
each
of
the
following:
32
between
zero
and
ten
kilowatts;
between
ten
and
one
hundred
33
kilowatts;
between
one
hundred
and
one
thousand
kilowatts;
and
34
between
one
thousand
and
twenty
thousand
kilowatts.
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(ii)
Twenty
percent
from
solar
energy
conversion
1
facilities.
Of
this
twenty
percent,
five
percent
shall
be
2
purchased
from
facilities
with
a
nameplate
generating
capacity
3
or
the
energy
production
capacity
equivalent
of
each
of
the
4
following:
between
zero
and
ten
kilowatts;
between
ten
and
5
twenty
kilowatts;
between
twenty
and
one
hundred
kilowatts;
and
6
between
one
hundred
and
twenty
thousand
kilowatts.
7
(iii)
Twenty
percent
from
biomass
conversion
facilities.
8
Of
this
twenty
percent,
five
percent
shall
be
purchased
from
9
facilities
with
a
nameplate
generating
capacity
or
the
energy
10
production
capacity
equivalent
of
each
of
the
following:
11
between
zero
and
one
hundred
kilowatts;
between
one
hundred
and
12
five
hundred
kilowatts;
between
five
hundred
and
one
thousand
13
kilowatts;
and
between
one
thousand
kilowatts
and
twenty
14
megawatts.
15
(3)
If
the
utility
or
cooperative
fails
to
document
16
purchasing
of
the
required
amounts
and
percentages
of
17
electricity
from
distributed
generation
facilities
pursuant
18
to
this
lettered
paragraph
“a”
,
it
shall
be
subject
to
the
19
penalty
provisions
of
section
476A.14,
and
possible
suspension
20
or
revocation
of
a
license
or
permit
as
determined
by
the
board
21
by
rule.
22
b.
That
the
utility
or
cooperative
is
in
compliance
with
all
23
applicable
rules
relating
to
distributed
generation
adopted
by
24
the
board.
25
3.
a.
The
board
shall
utilize
existing
standard
offer
26
contract
forms
to
facilitate
interconnection
between
the
27
utility
or
cooperative
and
a
distributed
generation
facility
28
as
required
pursuant
to
this
section.
The
standard
offer
29
contracts
shall
continue
in
effect
for
a
twenty-year
period,
30
subject
to
termination
provisions
for
failure
to
perform,
to
31
be
established
by
the
board
by
rule.
The
board
shall
ensure
32
that
the
contracts
are
calculated
at
reasonable
and
competitive
33
rates
determined
by
the
board
and
sufficient
to
facilitate
34
distributed
generation
facility
financing.
The
forms
shall
be
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315
made
available
for
utilization
by
July
1,
2013.
1
b.
The
contracts
shall
be
made
available
to
any
distributed
2
generation
facility
of
up
to
twenty
megawatts
of
nameplate
3
generating
capacity.
4
c.
The
standard
offer
contracts
shall
not
contain
any
5
provision
or
impose
any
requirement
which
could
create
6
or
constitute
an
unreasonable
barrier
to
or
burden
on
the
7
development
of
distributed
generation
in
this
state.
8
Sec.
2.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
9
immediate
importance,
takes
effect
upon
enactment.
10
EXPLANATION
11
This
bill
directs
the
Iowa
utilities
board
to
require
12
rate-related
public
utilities
and
generation
and
transmission
13
electric
cooperatives
to
purchase
specified
amounts
of
14
electricity
from
farm-owned
distributed
generation
facilities.
15
The
bill
defines
a
“distributed
generation
facility”
to
mean
16
a
biomass
conversion
facility,
a
solar
energy
conversion
17
facility,
or
a
wind
energy
conversion
facility,
as
those
terms
18
are
defined
in
Code
section
476C.1,
which
is
located
on
farm
19
property
and
meets
specified
ownership
requirements
contained
20
in
Code
section
476C.1,
subsection
6.
21
Rate-regulated
electric
utilities
and
generation
and
22
transmission
electric
cooperatives
would
be
required
within
23
five
years
to
be
purchasing
a
minimum
of
2
percent
of
their
24
required
electrical
output
from
distributed
generation
25
facilities.
The
bill
specifies
percentage
requirements
26
applicable
to
the
purchase
of
electricity
from
wind,
solar,
27
and
biomass
facilities,
and
further
specifies
percentage
28
requirements
applicable
to
such
purchases
from
facilities
29
of
varying
sizes.
If
the
utility
or
cooperative
fails
to
30
document
purchasing
the
required
amounts
and
percentages,
the
31
bill
states
that
the
civil
penalty
provisions
of
Code
section
32
476A.14
shall
be
applicable.
This
penalty
shall
not
exceed
33
$10,000
for
each
day
of
continuing
violation.
The
bill
also
34
provides
that
the
board
may
suspend
or
revoke
the
utility’s
or
35
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S.F.
315
cooperative’s
license
or
permit.
1
The
bill
states
that
the
board
shall
utilize
existing
2
standard
offer
contract
forms
to
facilitate
interconnection
3
between
the
utility
or
cooperative
and
distributed
generation
4
facilities,
which
would
continue
in
effect
for
20
years
and
be
5
calculated
at
reasonable
and
competitive
rates.
A
distributed
6
generating
facility,
as
defined
in
the
bill,
of
up
to
20
7
megawatts
of
nameplate
generating
capacity
would
be
eligible
8
for
interconnection.
The
bill
provides
that
the
contract
forms
9
shall
not
contain
any
provision
or
impose
any
requirement
which
10
could
create
or
constitute
an
unreasonable
barrier
to
or
burden
11
on
the
development
of
distributed
generation
facilities
in
12
Iowa.
13
The
bill
takes
effect
upon
enactment.
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