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House Amendment 5427

Amendment Text

PAG LIN
  1  1    Amend the amendment, H-5174, to House File 2087 as
  1  2 follows:
  1  3    #1.  By striking page 1, line 2, through page 5,
  1  4 line 13, and inserting the following:
  1  5    "#   .  By striking everything after the enacting
  1  6 clause and inserting the following:
  1  7    "Section 1.  Section 476.1A, Code 1995, is amended
  1  8 by adding the following new subsection:
  1  9    NEW SUBSECTION.  7.  Encouragement of alternate
  1 10 energy production and the purchase of alternate
  1 11 energy.
  1 12    Sec. 2.  Section 476.1A, unnumbered paragraph 3,
  1 13 Code 1995, is amended to read as follows:
  1 14    However, sections 476.20, 476.21, 476.41 through
  1 15 476.44, 476.51, 476.56, 476.62, and 476.66 and
  1 16 chapters 476A and 478, to the extent applicable, apply
  1 17 to such electric utilities.
  1 18    Sec. 3.  Section 476.1B, subsection 1, paragraph g,
  1 19 Code 1995, is amended by striking the paragraph and
  1 20 inserting in lieu thereof the following:
  1 21    g.  Encouragement of alternate energy production
  1 22 and the purchase of alternate energy.
  1 23    Sec. 4.  Section 476.42, subsection 1, paragraph a,
  1 24 Code 1995, is amended to read as follows:
  1 25    a.  A solar, wind turbine, waste management,
  1 26 resource methane recovery, refuse-derived fuel,
  1 27 agricultural crops or residues, or woodburning
  1 28 facility.
  1 29    Sec. 5.  Section 476.42, subsection 3, Code 1995,
  1 30 is amended by striking the subsection.
  1 31    Sec. 6.  Section 476.42, Code 1995, is amended by
  1 32 adding the following new subsection:
  1 33    NEW SUBSECTION.  5.  "Alternate energy" means
  1 34 electricity derived from hydro, solar, wind, methane
  1 35 recovery, agricultural crops or residues, or
  1 36 woodburning energy.
  1 37    Sec. 7.  Section 476.43, Code 1995, is amended by
  1 38 striking the section and inserting in lieu thereof the
  1 39 following:
  1 40    476.43  ALTERNATE ENERGY – RATES – PENALTIES.
  1 41    1.  a.  By December 31, 1997, an electric utility
  1 42 shall derive a minimum of two percent of the electric
  1 43 utility's annual peak demand from alternate energy
  1 44 sources.  By July 1, 1999, an electric utility shall
  1 45 derive a minimum of five percent of the utility's
  1 46 annual peak demand from alternate energy sources.
  1 47    b.  A utility shall derive at least thirty percent
  1 48 of the utility's alternate energy generation, required
  1 49 under paragraph "a", from the following sources in the
  1 50 amounts as indicated:
  2  1    (1)  Ten percent shall be derived from dedicated
  2  2 energy crops grown within the state, fifty percent of
  2  3 which shall be from projects of five hundred kilowatts
  2  4 or less.
  2  5    (2)  Ten percent shall be derived from agricultural
  2  6 wastes produced from agricultural crops grown within
  2  7 the state, fifty percent of which shall be from
  2  8 projects of five hundred kilowatts or less.
  2  9    (3)  Ten percent shall be derived from small scale
  2 10 wind generation projects located within the state of
  2 11 two hundred fifty kilowatts or less.
  2 12    2.  The board shall establish a uniform competitive
  2 13 bidding process so that an electric utility may
  2 14 acquire alternate energy at a just and economically
  2 15 based market rate.  An electric utility may produce
  2 16 its own alternate energy by constructing and operating
  2 17 an alternate energy production facility or small hydro
  2 18 facility.  However, the electric utility shall
  2 19 participate in the competitive bidding process using a
  2 20 third-party evaluator.  A bid from an electric utility
  2 21 producing its own alternate energy shall not take into
  2 22 account regulated industry-based factors in order to
  2 23 produce a lower cost bid.  Regulated industry-based
  2 24 factors include eminent domain and transmission
  2 25 ownership.  An electric utility may combine with one
  2 26 or more electric utilities to construct and operate an
  2 27 alternate energy production facility or small hydro
  2 28 facility for purposes of this subsection.
  2 29    3.  Notwithstanding section 476.51, an electric
  2 30 utility which fails to comply with the requirements of
  2 31 subsection 1 shall be subject to a civil penalty,
  2 32 levied by the board, in an amount that is equivalent
  2 33 to three times the amount of the lowest bid filed with
  2 34 the board to comply with the requirements of
  2 35 subsection 1.  Civil penalties collected under this
  2 36 subsection shall be forwarded to the treasurer of
  2 37 state to be credited to the general fund of the state
  2 38 to be used only for the alternate energy demonstration
  2 39 projects administered by the Iowa energy center.
  2 40 These penalties shall be excluded from the electric
  2 41 utility's costs when determining the electric
  2 42 utility's revenue requirement, and shall not be
  2 43 included either directly or indirectly in the electric
  2 44 utility's rates or charges to customers.
  2 45    4.  If the state adopts a full and open competitive
  2 46 retail electric market, a retail electric supplier
  2 47 shall be prohibited from supplying electricity at
  2 48 retail in this state unless the retail supplier
  2 49 derives at least five percent of the supplier's energy
  2 50 supply from alternate energy sources.
  3  1    Sec. 8.  Section 476.44, Code 1995, is repealed.
  3  2    Sec. 9.  APPLICABILITY TO EXISTING CONTRACTS.  This
  3  3 Act shall not affect the terms and conditions of any
  3  4 contract between an alternate energy production
  3  5 facility or small hydro facility and an electric
  3  6 utility that was entered into pursuant to sections
  3  7 476.43 and 476.44 for purchase of alternate energy if
  3  8 the contract was entered into prior to the effective
  3  9 date of this Act.  In addition, the Act shall not
  3 10 affect potential contracts between alternate energy
  3 11 production facilities and electric utilities if a
  3 12 petition relating to the potential contracts has been
  3 13 filed and an action is currently pending before the
  3 14 Iowa utilities board.  For purposes of the pending
  3 15 actions, the Iowa utilities board shall not take into
  3 16 account the changes contained in this Act.
  3 17    Sec. 10.  EFFECTIVE DATE.  This Act, being deemed
  3 18 of immediate importance, takes effect upon
  3 19 enactment.""
  3 20    #2.  By renumbering as necessary.  
  3 21 
  3 22 
  3 23                              
  3 24 SHOULTZ of Black Hawk
  3 25 
  3 26 
  3 27                              
  3 28 BURNETT of Story
  3 29 
  3 30 
  3 31                              
  3 32 VANDE HOEF of Osceola
  3 33 
  3 34 
  3 35                              
  3 36 WITT of Black Hawk
  3 37 
  3 38 
  3 39                              
  3 40 MASCHER of Johnson
  3 41 
  3 42 
  3 43                              
  3 44 HOLVECK of Polk
  3 45 HF 2087.705 76
  3 46 js/sc
     

Text: H05426                            Text: H05428
Text: H05400 - H05499                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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