Iowa General Assembly Banner


Text: H05983                            Text: H05985
Text: H05900 - H05999                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

Get Version To Print

This file contains STRIKE and UNDERSCORE. If you cannot see either STRIKE or UNDERSCORE attributes or would like to change how these attributes are displayed, please use the following form to make the desired changes.

-->

House Amendment 5984

Amendment Text

PAG LIN
  1  1    Amend House File 2447 as follows:
  1  2    #1.  By striking everything after the enacting
  1  3 clause and inserting the following:
  1  4    "Section 1.  Section 476.1, unnumbered paragraph 7,
  1  5 Code 1995, is amended to read as follows:
  1  6    The jurisdiction of the board under this chapter
  1  7 shall include programs efforts designed to promote the
  1  8 use of energy efficiency strategies by rate or
  1  9 service-regulated gas and electric utilities.  These
  1 10 programs shall be cost effective.  The board may
  1 11 initiate these programs as pilot projects to
  1 12 accumulate sufficient data to determine if the
  1 13 programs meet the requirements of this paragraph.
  1 14    Sec. 2.  Section 476.1A, subsections 5 and 6, Code
  1 15 1995, are amended to read as follows:
  1 16    5.  Assessment of fees for the support of the Iowa
  1 17 energy center created in section 266.39C and the
  1 18 center for global warming and regional environmental
  1 19 research established by the state board of regents.
  1 20    6.  Filing energy efficiency plans and energy
  1 21 efficiency results with the board.  The energy
  1 22 efficiency plans as a whole shall be cost-effective.
  1 23 The board may permit these utilities to file joint
  1 24 plans.
  1 25    Sec. 3.  Section 476.1A, Code 1995, is amended by
  1 26 adding the following new subsection:
  1 27    NEW SUBSECTION.  7.  Encouragement of alternate
  1 28 energy production and the purchase of alternate
  1 29 energy.
  1 30    Sec. 4.  Section 476.1A, unnumbered paragraph 2,
  1 31 Code 1995, is amended to read as follows:
  1 32    The board may waive all or part of the energy
  1 33 efficiency filing and review requirements for electric
  1 34 cooperative corporations and associations and electric
  1 35 public utilities which demonstrate superior results
  1 36 with existing energy efficiency programs efforts.
  1 37    Sec. 5.  Section 476.1A, unnumbered paragraph 3,
  1 38 Code 1995, is amended to read as follows:
  1 39    However, sections 476.20, 476.21, 476.41 through
  1 40 476.44, 476.51, 476.56, 476.62, and 476.66 and
  1 41 chapters 476A and 478, to the extent applicable, apply
  1 42 to such electric utilities.
  1 43    Sec. 6.  Section 476.1B, subsection 1, paragraph g,
  1 44 Code 1995, is amended by striking the paragraph and
  1 45 inserting in lieu thereof the following:
  1 46    g.  Encouragement of alternate energy production
  1 47 and the purchase of alternate energy.
  1 48    Sec. 7.  Section 476.1B, subsection 1, paragraphs k
  1 49 and l, Code 1995, are amended to read as follows:
  1 50    k.  Assessment of fees for the support of the Iowa
  2  1 energy center created in section 266.39C and the
  2  2 global warming center for global and regional
  2  3 environmental research created by the state board of
  2  4 regents.
  2  5    l.  Filing energy efficiency plans and energy
  2  6 efficiency results with the board.  The energy
  2  7 efficiency plans as a whole shall be cost-effective.
  2  8 The board may permit these utilities to file joint
  2  9 plans.
  2 10    Sec. 8.  Section 476.1B, subsection 2, Code 1995,
  2 11 is amended to read as follows:
  2 12    2.  The board may waive all or part of the energy
  2 13 efficiency filing and review requirements for
  2 14 municipally owned utilities which demonstrate superior
  2 15 results with existing energy efficiency programs
  2 16 efforts.
  2 17    Sec. 9.  Section 476.1C, subsection 1, unnumbered
  2 18 paragraph 2, Code 1995, is amended to read as follows:
  2 19    Gas public utilities having fewer than two thousand
  2 20 customers shall be subject to the assessment of fees
  2 21 for the support of the Iowa energy center created in
  2 22 section 266.39C and the global warming center for
  2 23 global and regional environmental research created by
  2 24 the state board of regents and shall file energy
  2 25 efficiency plans and energy efficiency results with
  2 26 the board.  The energy efficiency plans as a whole
  2 27 shall be cost-effective.  The board may waive all or
  2 28 part of the energy efficiency filing requirements if
  2 29 the gas utility demonstrates superior results with
  2 30 existing energy efficiency programs efforts.
  2 31    Sec. 10.  Section 476.2, subsections 5, 6, and 7,
  2 32 Code 1995, are amended by striking the subsections and
  2 33 inserting in lieu thereof the following:
  2 34    5.  Each rate-regulated gas and electric utility
  2 35 operating within the state shall maintain within the
  2 36 state the utility's principal office for Iowa
  2 37 operations.  The principal office shall be subject to
  2 38 the jurisdiction of the board and shall house those
  2 39 books, accounts, papers, and records of the utility
  2 40 deemed necessary by the board to be housed within the
  2 41 state.  The utility shall maintain within the state
  2 42 administrative, technical, and operating personnel
  2 43 necessary for the delivery of safe and reasonably
  2 44 adequate services and facilities as required pursuant
  2 45 to section 476.8.  A public utility which violates
  2 46 this section shall be subject to the penalties
  2 47 provided in section 476.51 and shall be denied
  2 48 authority to recover, for a period determined by the
  2 49 board, the costs of an energy efficiency plan pursuant
  2 50 to section 476.6, subsection 11.
  3  1    6.  The board shall provide the general assembly
  3  2 with a report on the energy efficiency planning
  3  3 efforts undertaken by utilities required to offer
  3  4 energy efficiency plans pursuant to section 476.6,
  3  5 subsection 17.  The report shall be completed by
  3  6 January 1, 1998.
  3  7    Sec. 11.  Section 476.6, subsection 17, Code 1995,
  3  8 is amended by striking the subsection and inserting in
  3  9 lieu thereof the following:
  3 10    17.  ENERGY EFFICIENCY PLANS.  Electric and gas
  3 11 public utilities shall offer energy efficiency
  3 12 programs to their customers through energy efficiency
  3 13 plans.  An energy efficiency plan as a whole shall be
  3 14 cost-effective.  Energy efficiency programs for
  3 15 qualified low-income persons and for tree planting
  3 16 programs need not be cost-effective and shall not be
  3 17 considered in determining cost-effectiveness of plans
  3 18 as a whole.  The energy efficiency programs in the
  3 19 plans may be provided by the utility or by a
  3 20 contractor or agent of the utility.
  3 21    Sec. 12.  Section 476.6, subsection 19, paragraphs
  3 22 a through f, Code 1995, are amended by striking the
  3 23 paragraphs and inserting in lieu thereof the
  3 24 following:
  3 25    a.  Gas and electric utilities required to be rate-
  3 26 regulated under this chapter shall file energy
  3 27 efficiency plans with the board.  An energy efficiency
  3 28 plan and budget shall include a range of programs,
  3 29 tailored to the needs of all customer classes,
  3 30 including residential, commercial, and industrial
  3 31 customers, for energy efficiency opportunities.  The
  3 32 plans shall include programs for qualified low-income
  3 33 persons including a cooperative program with any
  3 34 community action agency within the utility's service
  3 35 area to implement countywide or communitywide energy
  3 36 efficiency programs for qualified low-income persons.
  3 37 Rate-regulated gas and electric utilities shall
  3 38 utilize Iowa agencies and Iowa contractors to the
  3 39 maximum extent cost-effective in their energy
  3 40 efficiency plans filed with the board.
  3 41    b.  An energy efficiency plan shall assess
  3 42 potential energy and capacity savings available from
  3 43 actual and projected customer usage by applying
  3 44 commercially available technology and improved
  3 45 operating practices to energy-using equipment and
  3 46 buildings.  The board shall determine for each
  3 47 utility, specific capacity and energy savings
  3 48 performance standards based on the board's assessment.
  3 49 The energy efficiency plan shall include economically
  3 50 achievable programs designed to attain these potential
  4  1 energy and capacity performance standards.
  4  2    c.  The board shall conduct contested case
  4  3 proceedings for review of energy efficiency plans and
  4  4 budgets filed by gas and electric utilities required
  4  5 to be rate-regulated under this chapter.  The board
  4  6 may approve, reject, or modify the plans and budgets.
  4  7 Notwithstanding the provisions of section 17A.19,
  4  8 subsection 5, in an application for judicial review of
  4  9 the board's decision concerning a utility's energy
  4 10 efficiency plan or budget, the reviewing court shall
  4 11 not order a stay.  Whenever a request to modify an
  4 12 approved plan or budget is filed subsequently by the
  4 13 office of consumer advocate or a gas or electric
  4 14 utility required to be rate-regulated under this
  4 15 chapter, the board shall promptly initiate a formal
  4 16 proceeding if the board determines that any reasonable
  4 17 ground exists for investigating the request.  The
  4 18 formal proceeding may be initiated at any time by the
  4 19 board on its own motion.  Implementation of board
  4 20 approved plans or budgets shall be considered
  4 21 continuous in nature and shall be subject to
  4 22 investigation at any time by the board or the office
  4 23 of the consumer advocate.
  4 24    d.  Notice to customers of a contested case
  4 25 proceeding for review of energy efficiency plans and
  4 26 budgets shall be in a manner prescribed by the board.
  4 27    e.  A gas or electric utility required to be rate-
  4 28 regulated under this chapter may recover, through an
  4 29 automatic adjustment mechanism filed pursuant to
  4 30 subsection 11, over a period not to exceed the term of
  4 31 the plan, the costs of an energy efficiency plan
  4 32 approved by the board, including amounts for a plan
  4 33 approved prior to July 1, 1996, in a contested case
  4 34 proceeding conducted pursuant to paragraph "c".  The
  4 35 board shall periodically conduct a contested case
  4 36 proceeding to evaluate the reasonableness and prudence
  4 37 of the utility's implementation of an approved energy
  4 38 efficiency plan and budget.  If a utility is not
  4 39 taking all reasonable actions to cost-effectively
  4 40 implement an approved energy efficiency plan, the
  4 41 board shall not allow the utility to recover from
  4 42 customers costs in excess of those costs that would be
  4 43 incurred under reasonable and prudent implementation
  4 44 and shall not allow the utility to recover future
  4 45 costs at a level other than what the board determines
  4 46 to be reasonable and prudent.  If the result of a
  4 47 contested case proceeding is a judgment against a
  4 48 utility, that utility's future level of cost recovery
  4 49 shall be reduced by the amount by which the programs
  4 50 were found to be imprudently conducted.  The utility
  5  1 shall not represent energy efficiency in customer
  5  2 billings as a separate cost or expense unless the
  5  3 board otherwise approves.
  5  4    Sec. 13.  Section 476.6, Code 1995, is amended by
  5  5 adding the following new subsection:
  5  6    NEW SUBSECTION.  22.   ALTERNATE ENERGY PROMOTIONAL
  5  7 RATES.  The board shall require that electric
  5  8 utilities offer to their customers the opportunity to
  5  9 pay, on a voluntary basis, an alternate energy
  5 10 promotional rate.  This rate shall exceed the rate for
  5 11 electricity otherwise payable and shall be designed
  5 12 and encouraged by the electric utility to maximize
  5 13 voluntary financial support for alternate energy
  5 14 production.  The alternate energy promotional rate
  5 15 shall be filed as a tariff with the board pursuant to
  5 16 section 476.4.  Retaining only amounts approved by the
  5 17 board for its administrative and marketing costs, the
  5 18 electric utility shall remit that portion of the
  5 19 electric rate attributable to the alternate energy
  5 20 promotional rate to the state treasurer to be
  5 21 allocated to the general fund of the state.
  5 22    Sec. 14.  Section 476.10A, Code 1995, is amended to
  5 23 read as follows:
  5 24    476.10A  FUNDING FOR IOWA ENERGY CENTER AND GLOBAL
  5 25 WARMING CENTER FOR GLOBAL AND REGIONAL ENVIRONMENTAL
  5 26 RESEARCH.
  5 27    The board shall direct all gas and electric
  5 28 utilities to remit to the treasurer of state one-tenth
  5 29 of one percent of the total gross operating revenues
  5 30 during the last calendar year derived from their
  5 31 intrastate public utility operations.  The board shall
  5 32 by rule provide a schedule for remittances which shall
  5 33 require that the first remittance be made not before
  5 34 July 1, 1991.  The amounts collected pursuant to this
  5 35 section shall be in addition to the amounts permitted
  5 36 to be assessed pursuant to section 476.10.  The board
  5 37 shall allow inclusion of these amounts in the budgets
  5 38 approved by the board pursuant to section 476.6,
  5 39 subsection 19, paragraph "a".  Eighty-five percent of
  5 40 the remittances collected pursuant to this section is
  5 41 appropriated to the Iowa energy center created in
  5 42 section 266.39C.  Fifteen percent of the remittances
  5 43 collected pursuant to this section is appropriated to
  5 44 the center for global warming and regional
  5 45 environmental research established by the state board
  5 46 of regents.
  5 47    Notwithstanding section 8.33, any unexpended moneys
  5 48 remitted to the treasurer of state under this section
  5 49 shall be retained for the purposes designated.
  5 50 Notwithstanding section 12C.7, subsection 2, interest
  6  1 or earnings on investments or time deposits of the
  6  2 moneys remitted under this section shall be retained
  6  3 and used for the purposes designated.
  6  4    The Iowa energy center and the center for global
  6  5 and regional environmental research shall each provide
  6  6 a written annual report to the utilities board which
  6  7 describes each center's activities and the results
  6  8 that each center has accomplished.  Each report shall
  6  9 include an explanation of initiatives and projects of
  6 10 importance to the state of Iowa.
  6 11    Sec. 15.  Section 476.42, subsection 1, paragraph
  6 12 a, Code 1995, is amended to read as follows:
  6 13    a.  A solar, wind turbine, waste management,
  6 14 resource methane recovery, refuse-derived fuel,
  6 15 agricultural crops or residues, or woodburning
  6 16 facility.
  6 17    Sec. 16.  Section 476.42, subsection 3, Code 1995,
  6 18 is amended by striking the subsection.
  6 19    Sec. 17.  Section 476.42, subsection 4, paragraph
  6 20 a, Code 1995, is amended to read as follows:
  6 21    a.  A hydroelectric facility at a dam located
  6 22 within this state.
  6 23    Sec. 18.  Section 476.42, Code 1995, is amended by
  6 24 adding the following new subsection:
  6 25    NEW SUBSECTION.  5.  "Alternate energy" means
  6 26 electricity derived from hydro, solar, wind, methane
  6 27 recovery, agricultural crops or residues, or
  6 28 woodburning energy.
  6 29    Sec. 19.  Section 476.43, subsection 1, Code 1995,
  6 30 is amended to read as follows:
  6 31    1.  Subject to section 476.44, the board shall
  6 32 require electric utilities to enter into long-term
  6 33 contracts to do the following:
  6 34    a.  Purchase or wheel electricity from alternate
  6 35 energy production facilities or small hydro facilities
  6 36 located in the utility's service area under the terms
  6 37 and conditions that the board finds are just and
  6 38 economically reasonable to the electric utilities'
  6 39 ratepayers, are nondiscriminatory to alternate energy
  6 40 producers and small hydro producers and will further
  6 41 the policy stated in section 476.41.
  6 42    b.  Provide for the availability of supplemental or
  6 43 backup power to alternate energy production facilities
  6 44 or small hydro facilities on a nondiscriminatory basis
  6 45 and at just and reasonable rates.
  6 46    c.  If the parties fail to agree on the terms of a
  6 47 contract required pursuant to this section, a party
  6 48 may request that the board intervene.  The board shall
  6 49 have sixty days from the date of the intervention
  6 50 request to render a decision on the contract.
  7  1    Sec. 20.  Section 476.43, subsections 2, 3, and 4,
  7  2 Code 1995, are amended by striking the subsections and
  7  3 inserting in lieu thereof the following:
  7  4    2.  The board shall establish a uniform competitive
  7  5 bidding process so that an electric utility shall
  7  6 acquire alternate energy at a just and economically
  7  7 based market rate.  An alternate energy contract shall
  7  8 require that the utility pay the competitive bid rate
  7  9 to the facility during the contract term.  The
  7 10 kilowatt per hour competitive bid rate shall not be
  7 11 less than the annual average rate of off-peak kilowatt
  7 12 per hour rates and peak kilowatt per hour rates at
  7 13 which an electric utility would have had to purchase
  7 14 the power.  An electric utility may produce its own
  7 15 alternate energy by constructing and operating an
  7 16 alternate energy production facility or small hydro
  7 17 facility if the facility is constructed and operated
  7 18 as a separate affiliate entity.  However, the electric
  7 19 utility shall participate in the competitive bidding
  7 20 process using a third-party evaluator.  A bid from an
  7 21 electric utility producing its own alternate energy
  7 22 shall not take into account regulated industry-based
  7 23 factors including, but not limited to, eminent domain
  7 24 and transmission ownership in order to produce a lower
  7 25 cost bid.
  7 26    3.  Notwithstanding section 476.51, an electric
  7 27 utility which fails to comply with the requirements of
  7 28 subsection 1 or which obstructs the policy of this
  7 29 state as stated in section 476.41 shall be subject to
  7 30 a civil penalty, levied by the board, in an amount
  7 31 that is equivalent to three times the total project
  7 32 capital cost of the lowest bid filed with the board to
  7 33 comply with the requirements of subsection 1.  Civil
  7 34 penalties collected under this subsection shall be
  7 35 forwarded to the treasurer of state to be credited to
  7 36 the Iowa energy center.  Any moneys allocated to the
  7 37 Iowa energy center pursuant to this subsection shall
  7 38 be used solely for providing grants to nonprofit
  7 39 agencies for alternate energy production.  These
  7 40 penalties shall be excluded from the electric
  7 41 utility's costs when determining the electric
  7 42 utility's revenue requirement, and shall not be
  7 43 included either directly or indirectly in the electric
  7 44 utility's rates or charges to customers.
  7 45    4.  Notwithstanding subsection 2, alternate energy
  7 46 produced by recovery of methane at a sanitary landfill
  7 47 shall be purchased at the rate existing as of January
  7 48 1, 1996.
  7 49    Sec. 21.  Section 476.44, subsection 1, Code 1995,
  7 50 is amended by striking the subsection.
  8  1    Sec. 22.  Section 476.44, subsection 2, Code 1995,
  8  2 is amended to read as follows:
  8  3    2.  a.  An electric utility subject to this
  8  4 division, except a utility which elects rate
  8  5 regulation pursuant to section 476.1A, shall not be
  8  6 required to purchase, at any one time, more than its
  8  7 share of one two hundred five ten megawatts of power
  8  8 from alternative energy production facilities or small
  8  9 hydro facilities at the rates in accordance with the
  8 10 competitive bidding process established pursuant to
  8 11 section 476.43 and pursuant to timelines established
  8 12 under paragraph "c".  For purposes of this section,
  8 13 "megawatt" shall be determined in accordance with a
  8 14 utility's average capacity.  "Average capacity" means
  8 15 a utility's total output over a year divided by the
  8 16 number of hours in the year.  The board shall allocate
  8 17 the one two hundred five ten megawatts based upon each
  8 18 utility's percentage of the total Iowa retail peak
  8 19 demand, for the year beginning January 1, 1990, of all
  8 20 utilities subject to this section.  If a utility
  8 21 undergoes reorganization as defined in section 476.76,
  8 22 the board shall combine the allocated purchases of
  8 23 power for each utility involved in the reorganization.
  8 24    Notwithstanding the one two hundred five ten
  8 25 megawatt maximum, the board may increase the amount of
  8 26 power that a utility is required to purchase at the
  8 27 rates established pursuant to section 476.43 if the
  8 28 board finds that a utility, including a reorganized
  8 29 utility, exceeds its 1990 Iowa retail peak demand by
  8 30 twenty percent and the additional power the utility is
  8 31 required to purchase will encourage the development of
  8 32 alternate energy production facilities and small hydro
  8 33 facilities.  The increase shall not exceed the
  8 34 utility's increase in peak demand multiplied by the
  8 35 ratio of the utility's share of the one two hundred
  8 36 five ten megawatt maximum to its 1990 Iowa retail peak
  8 37 demand.
  8 38    b.  Of that portion of alternate energy required to
  8 39 be purchased by a utility under this section, eighty-
  8 40 five percent shall be purchased from alternate energy
  8 41 production facilities or small hydro facilities
  8 42 generating electricity with current and viable
  8 43 technologies and fifteen percent shall be purchased
  8 44 from alternate energy production facilities generating
  8 45 electricity from new technologies.  The board shall
  8 46 provide for a minimum of thirty percent of the eighty-
  8 47 five percent required purchase of alternate energy
  8 48 under this paragraph to be purchased from small hydro
  8 49 facilities.  Of the eighty-five percent, thirty
  8 50 percent shall be purchased in accordance with the
  9  1 following:
  9  2    (1)  At least ten percent shall be from dedicated
  9  3 energy crops grown within the state, fifty percent of
  9  4 which shall be from projects of five hundred kilowatts
  9  5 or less.
  9  6    (2)  At least ten percent shall be from
  9  7 agricultural wastes produced from agricultural crops
  9  8 grown within the state, fifty percent of which shall
  9  9 be from projects of five hundred kilowatts or less.
  9 10    (3)  At least ten percent shall be from small scale
  9 11 wind generation projects located within the state of
  9 12 two hundred fifty kilowatts or less.
  9 13    c.  By December 31, 1997, the board shall require
  9 14 an electric utility to enter into contracts for the
  9 15 purchase of the utility's allotted share of eighty-
  9 16 nine megawatts of electricity generated from alternate
  9 17 energy production facilities, and by July 1, 1999, the
  9 18 board shall require the utility to enter into
  9 19 contracts for the purchase of the utility's allotted
  9 20 share of an additional one hundred five megawatts.
  9 21 For purposes of this section, new technologies include
  9 22 only those technologies that use nonfossil fuel to
  9 23 derive renewable energy.
  9 24    Sec. 23.  Section 476.78, Code 1995, is amended to
  9 25 read as follows:
  9 26    476.78  CROSS-SUBSIDIZATION PROHIBITED.
  9 27    A rate-regulated gas or electric public utility
  9 28 shall not directly or indirectly include any costs or
  9 29 expenses attributable to providing nonutility service
  9 30 in regulated rates or charges.  Except for contracts
  9 31 existing as of July 1, 1996, a rate-regulated gas or
  9 32 electric public utility or its affiliates shall not
  9 33 use vehicles, service tools and instruments, or
  9 34 employees, the costs, salaries, or benefits of which
  9 35 are recoverable in the regulated rates for electric
  9 36 service or gas service to install, service, or repair
  9 37 residential or commercial gas or electric heating,
  9 38 ventilating, or air conditioning systems, or interior
  9 39 lighting systems and fixtures; or to sell at retail
  9 40 heating, ventilating, air conditioning, or interior
  9 41 lighting equipment.  For the purpose of this section,
  9 42 "commercial" means a place of business primarily used
  9 43 for the storage or sale, at wholesale or retail, of
  9 44 goods, wares, services, or merchandise.  Nothing in
  9 45 this section shall be construed to prohibit a rate-
  9 46 regulated gas or electric public utility from using
  9 47 its utility vehicles, service tools and instruments,
  9 48 and employees to market systems, services, and
  9 49 equipment, to light pilots, or to eliminate a customer
  9 50 emergency or threat to public safety.
 10  1    Sec. 24.  Section 476.83, Code 1995, is amended by
 10  2 striking the section and inserting in lieu thereof the
 10  3 following:
 10  4    476.83  COMPLAINTS.
 10  5    Any person may file a written complaint with the
 10  6 board requesting that the board determine compliance
 10  7 by a rate-regulated gas or electric public utility
 10  8 with the provisions of section 476.78, 476.79, or
 10  9 476.80, or any validly adopted rules to implement
 10 10 these sections.  Upon the filing of a complaint, the
 10 11 board may promptly initiate a formal complaint
 10 12 proceeding and give notice of the proceeding and the
 10 13 opportunity for hearing.  The formal complaint
 10 14 proceeding may be initiated at any time by the board
 10 15 on its own motion.  The board shall render a decision
 10 16 in the proceeding within ninety days after the date
 10 17 the written complaint was filed, unless additional
 10 18 time is requested by the complainant.
 10 19    Sec. 25.  Section 476A.6, subsections 4 and 5, Code
 10 20 1995, are amended by striking the subsections and
 10 21 inserting in lieu thereof the following:
 10 22    4.  The applicant, if a public utility as defined
 10 23 in section 476.1, has in effect an energy efficiency
 10 24 plan designed to reduce peak loads and to increase
 10 25 efficiency of use of energy, and the facility in the
 10 26 application is necessary notwithstanding the existence
 10 27 of the energy efficiency plan.  As used in this
 10 28 subsection, "energy efficiency plan" includes at a
 10 29 minimum, cost-effective energy efficiency services and
 10 30 programs, including cost-effective load management and
 10 31 interruptible service programs.
 10 32    5.  The applicant, if a public utility as defined
 10 33 in section 476.1, shall demonstrate to the board that
 10 34 the utility has considered sources for long-term
 10 35 electric supply from either purchase of electricity or
 10 36 investment in facilities owned by other persons,
 10 37 including consideration of the following:
 10 38    a.  Wheeling agreements and other energy or
 10 39 capacity-sharing agreements, where cost-effective,
 10 40 with other sources that have available energy or
 10 41 capacity.
 10 42    b.  Establishment of renewable energy programs or
 10 43 purchase of electricity from renewable energy
 10 44 suppliers.
 10 45    Sec. 26.  Section 476.65, Code 1995, is repealed.
 10 46    Sec. 27.  APPLICABILITY TO EXISTING CONTRACTS.  The
 10 47 provisions of this Act relating to alternate energy
 10 48 shall not affect the terms and conditions of any
 10 49 contract between an alternate energy production
 10 50 facility or small hydro facility and an electric
 11  1 utility that was entered into pursuant to sections
 11  2 476.43 and 476.44 for purchase of alternate energy if
 11  3 the contract was entered into prior to the effective
 11  4 date of this Act.  In addition, this Act shall not
 11  5 affect potential contracts between alternate energy
 11  6 production facilities and electric utilities if a
 11  7 petition relating to the potential contracts has been
 11  8 filed by January 1, 1996, and an action is currently
 11  9 pending before the Iowa utilities board.  For purposes
 11 10 of the pending actions, the Iowa utilities board shall
 11 11 not take into account the changes contained in this
 11 12 Act.
 11 13    Sec. 28.  It is the intent of the general assembly
 11 14 that persons who have proceeded in good faith under
 11 15 the terms and conditions of sections 476.43 and
 11 16 476.44, prior to their amendment by this Act, not
 11 17 suffer economic loss as a result of this Act.  These
 11 18 persons shall be reimbursed by the utilities for their
 11 19 reasonable good faith development costs as determined
 11 20 by the Iowa utilities board.
 11 21    Sec. 29.  Section 10 of this Act, being deemed of
 11 22 immediate importance, takes effect upon enactment."
 11 23    #2.  Title page, by striking lines 1 through 4 and
 11 24 inserting the following:  "An Act relating to energy
 11 25 efficiency and alternate energy programs, electric and
 11 26 gas public utility energy efficiency mandates, and the
 11 27 Iowa energy center and the center for global and
 11 28 regional environmental research and requiring the
 11 29 location of a principal office within the state and
 11 30 providing an effective date and providing an
 11 31 applicability provision." 
 11 32 
 11 33 
 11 34                               
 11 35 NUTT of Woodbury
 11 36 HF 2447.314 76
 11 37 js/cf
     

Text: H05983                            Text: H05985
Text: H05900 - H05999                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

Return To Home Iowa General Assembly

index Search: House Bills and Amendments (76th General Assembly)

© 1996 Cornell College and League of Women Voters of Iowa


Comments? webmaster@legis.iowa.gov.

Last update: Thu Apr 18 03:24:53 CDT 1996
URL: /DOCS/GA/76GA/Legislation/H/05900/H05984/960417.html
jhf