Text: S05750 Text: S05752 Text: S05700 - S05799 Text: S Index Bills and Amendments: General Index Bill History: General Index
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PAG LIN 1 1 Amend Senate File 2370 as follows: 1 2 #1. Page 1, by inserting after line 19 the 1 3 following: 1 4 "Sec. . Section 476.1A, Code 1995, is amended 1 5 by adding the following new subsection: 1 6 NEW SUBSECTION. 7. Encouragement of alternate 1 7 energy production and the purchase of alternate 1 8 energy." 1 9 #2. Page 1, by inserting after line 26 the 1 10 following: 1 11 "Sec. . Section 476.1A, unnumbered paragraph 3, 1 12 Code 1995, is amended to read as follows: 1 13 However, sections 476.20, 476.21,476.41 through1 14476.44,476.51, 476.56, 476.62, and 476.66 and 1 15 chapters 476A and 478, to the extent applicable, apply 1 16 to such electric utilities. 1 17 Sec. . Section 476.1B, subsection 1, paragraph 1 18 g, Code 1995, is amended by striking the paragraph and 1 19 inserting in lieu thereof the following: 1 20 g. Encouragement of alternate energy production 1 21 and the purchase of alternate energy." 1 22 #3. Page 4, by inserting after line 20 the 1 23 following: 1 24 "Sec. . Section 476.6, Code 1995, is amended by 1 25 adding the following new subsection: 1 26 NEW SUBSECTION. 22. ALTERNATE ENERGY PROMOTIONAL 1 27 RATES. The board shall require that electric 1 28 utilities offer to their customers the opportunity to 1 29 pay, on a voluntary basis, an alternate energy 1 30 promotional rate. This rate shall exceed the rate for 1 31 electricity otherwise payable and shall be designed 1 32 and encouraged by the electric utility to maximize 1 33 voluntary financial support for alternate energy 1 34 production. The alternate energy promotional rate 1 35 shall be filed as a tariff with the board pursuant to 1 36 section 476.4. Retaining only amounts approved by the 1 37 board for its administrative and marketing costs, the 1 38 electric utility shall remit that portion of the 1 39 electric rate attributable to the alternate energy 1 40 promotional rate to the state treasurer to be 1 41 allocated to the general fund of the state." 1 42 #4. Page 5, by inserting after line 18 the 1 43 following: 1 44 "Sec. . Section 476.42, subsection 1, paragraph 1 45 a, Code 1995, is amended to read as follows: 1 46 a. A solar, windturbine,waste management,1 47resourcemethane recovery,refuse-derived fuel,1 48 agricultural crops or residues, or woodburning 1 49 facility. 1 50 Sec. . Section 476.42, subsection 3, Code 1995, 2 1 is amended by striking the subsection. 2 2 Sec. . Section 476.42, subsection 4, paragraph 2 3 a, Code 1995, is amended to read as follows: 2 4 a. A hydroelectric facility at a dam located 2 5 within this state. 2 6 Sec. . Section 476.42, Code 1995, is amended by 2 7 adding the following new subsection: 2 8 NEW SUBSECTION. 5. "Alternate energy" means 2 9 electricity derived from hydro, solar, wind, methane 2 10 recovery, agricultural crops or residues, or 2 11 woodburning energy. 2 12 Sec. . Section 476.43, subsection 1, Code 1995, 2 13 is amended to read as follows: 2 14 1. Subject to section 476.44, the board shall 2 15 require electric utilities to enter into long-term 2 16 contracts to do the following: 2 17 a. Purchase or wheel electricity from alternate 2 18 energy production facilities or small hydro facilities 2 19located in the utility's service areaundertheterms 2 20 and conditions that the board finds are just and 2 21 economically reasonable to the electric utilities' 2 22 ratepayers, are nondiscriminatory to alternate energy 2 23 producers and small hydro producers and will further 2 24 the policy stated in section 476.41. 2 25 b. Provide for the availability of supplemental or 2 26 backup power to alternate energy production facilities 2 27 or small hydro facilities on a nondiscriminatory basis 2 28 and at just and reasonable rates. 2 29 c. If the parties fail to agree on the terms of a 2 30 contract required pursuant to this section, a party 2 31 may request that the board intervene. The board shall 2 32 have sixty days from the date of the intervention 2 33 request to render a decision on the contract. 2 34 Sec. . Section 476.43, subsections 2, 3, and 4, 2 35 Code 1995, are amended by striking the subsections and 2 36 inserting in lieu thereof the following: 2 37 2. The board shall establish a uniform competitive 2 38 bidding process so that an electric utility shall 2 39 acquire alternate energy at a just and economically 2 40 based market rate. An alternate energy contract shall 2 41 require that the utility pay the competitive bid rate 2 42 to the facility during the contract term. The 2 43 kilowatt per hour competitive bid rate shall not be 2 44 less than the annual average rate of off-peak kilowatt 2 45 per hour rates and peak kilowatt per hour rates at 2 46 which an electric utility would have had to purchase 2 47 the power. An electric utility may produce its own 2 48 alternate energy by constructing and operating an 2 49 alternate energy production facility or small hydro 2 50 facility if the facility is constructed and operated 3 1 as a separate affiliate entity. However, the electric 3 2 utility shall participate in the competitive bidding 3 3 process using a third-party evaluator. A bid from an 3 4 electric utility producing its own alternate energy 3 5 shall not take into account regulated industry-based 3 6 factors including, but not limited to, eminent domain 3 7 and transmission ownership in order to produce a lower 3 8 cost bid. 3 9 3. Notwithstanding section 476.51, an electric 3 10 utility which fails to comply with the requirements of 3 11 subsection 1 or which obstructs the policy of this 3 12 state as stated in section 476.41 shall be subject to 3 13 a civil penalty, levied by the board, in an amount 3 14 that is equivalent to three times the total project 3 15 capital cost of the lowest bid filed with the board to 3 16 comply with the requirements of subsection 1. Civil 3 17 penalties collected under this subsection shall be 3 18 forwarded to the treasurer of state to be credited to 3 19 the Iowa energy center. Any moneys allocated to the 3 20 Iowa energy center pursuant to this subsection shall 3 21 be used solely for providing grants to nonprofit 3 22 agencies for alternate energy production. These 3 23 penalties shall be excluded from the electric 3 24 utility's costs when determining the electric 3 25 utility's revenue requirement, and shall not be 3 26 included either directly or indirectly in the electric 3 27 utility's rates or charges to customers. 3 28 4. Notwithstanding subsection 2, alternate energy 3 29 produced by recovery of methane at a sanitary landfill 3 30 shall be purchased at the rate existing as of January 3 31 1, 1996. 3 32 Sec. . Section 476.44, subsection 1, Code 1995, 3 33 is amended by striking the subsection. 3 34 Sec. . Section 476.44, subsection 2, Code 1995, 3 35 is amended to read as follows: 3 36 2. a. An electric utility subject to this 3 37 division, except a utility which elects rate 3 38 regulation pursuant to section 476.1A, shallnotbe 3 39 required to purchase, at any one time, more thanits 3 40 share ofonetwo hundredfiveten megawatts of power 3 41 from alternative energy production facilities or small 3 42 hydro facilitiesat the ratesin accordance with the 3 43 competitive bidding process established pursuant to 3 44 section 476.43 and pursuant to timelines established 3 45 under paragraph "c". For purposes of this section, 3 46 "megawatt" shall be determined in accordance with a 3 47 utility's average capacity. "Average capacity" means 3 48 a utility's total output over a year divided by the 3 49 number of hours in the year. The board shall allocate 3 50 theonetwo hundredfiveten megawatts based upon each 4 1 utility's percentage of the total Iowa retail peak 4 2 demand, for the year beginning January 1, 1990, of all 4 3 utilities subject to this section. If a utility 4 4 undergoes reorganization as defined in section 476.76, 4 5 the board shall combine the allocated purchases of 4 6 power for each utility involved in the reorganization. 4 7 Notwithstanding theonetwo hundredfiveten 4 8 megawatt maximum, the board may increase the amount of 4 9 power that a utility is required to purchaseat the4 10rates established pursuant to section 476.43if the 4 11 board finds that a utility, including a reorganized 4 12 utility, exceeds its 1990 Iowa retail peak demand by 4 13 twenty percent and the additional power the utility is 4 14 required to purchase will encourage the development of 4 15 alternate energy production facilities and small hydro 4 16 facilities. The increase shall not exceed the 4 17 utility's increase in peak demand multiplied by the 4 18 ratio of the utility's share of theonetwo hundred 4 19fiveten megawatt maximum to its 1990 Iowa retail peak 4 20 demand. 4 21 b. Of that portion of alternate energy required to 4 22 be purchased by a utility under this section, eighty- 4 23 five percent shall be purchased from alternate energy 4 24 production facilities or small hydro facilities 4 25 generating electricity with current and viable 4 26 technologies and fifteen percent shall be purchased 4 27 from alternate energy production facilities generating 4 28 electricity from new technologies. The board shall 4 29 provide for a minimum of thirty percent of the eighty- 4 30 five percent required purchase of alternate energy 4 31 under this paragraph to be purchased from small hydro 4 32 facilities. Of the eighty-five percent, thirty 4 33 percent shall be purchased in accordance with the 4 34 following: 4 35 (1) At least ten percent shall be from dedicated 4 36 energy crops grown within the state, fifty percent of 4 37 which shall be from projects of five hundred kilowatts 4 38 or less. 4 39 (2) At least ten percent shall be from 4 40 agricultural wastes produced from agricultural crops 4 41 grown within the state, fifty percent of which shall 4 42 be from projects of five hundred kilowatts or less. 4 43 (3) At least ten percent shall be from small scale 4 44 wind generation projects located within the state of 4 45 two hundred fifty kilowatts or less. 4 46 c. By December 31, 1997, the board shall require 4 47 an electric utility to enter into contracts for the 4 48 purchase of the utility's allotted share of eighty- 4 49 nine megawatts of electricity generated from alternate 4 50 energy production facilities, and by July 1, 1999, the 5 1 board shall require the utility to enter into 5 2 contracts for the purchase of the utility's allotted 5 3 share of an additional one hundred five megawatts. 5 4 For purposes of this section, new technologies include 5 5 only those technologies that use nonfossil fuel to 5 6 derive renewable energy." 5 7 #5. Page 7, by inserting after line 2 the 5 8 following: 5 9 "Sec. . APPLICABILITY TO EXISTING CONTRACTS. 5 10 The provisions of this Act relating to alternate 5 11 energy shall not affect the terms and conditions of 5 12 any contract between an alternate energy production 5 13 facility or small hydro facility and an electric 5 14 utility that was entered into pursuant to sections 5 15 476.43 and 476.44 for purchase of alternate energy if 5 16 the contract was entered into prior to the effective 5 17 date of this Act. In addition, this Act shall not 5 18 affect potential contracts between alternate energy 5 19 production facilities and electric utilities if a 5 20 petition relating to the potential contracts has been 5 21 filed by January 1, 1996, and an action is currently 5 22 pending before the Iowa utilities board. For purposes 5 23 of the pending actions, the Iowa utilities board shall 5 24 not take into account the changes contained in this 5 25 Act. 5 26 Sec. . It is the intent of the general assembly 5 27 that persons who have proceeded in good faith under 5 28 the terms and conditions of sections 476.43 and 5 29 476.44, prior to their amendment by this Act, not 5 30 suffer economic loss as a result of this Act. These 5 31 persons shall be reimbursed by the utilities for their 5 32 reasonable good faith development costs as determined 5 33 by the Iowa utilities board." 5 34 #6. Title page, line 1, by inserting after the 5 35 word "efficiency" the following: "and alternate 5 36 energy". 5 37 #7. Title page, line 4, by inserting after the 5 38 word "research" the following: "and providing an 5 39 applicability provision". 5 40 #8. By renumbering as necessary. 5 41 5 42 5 43 5 44 BILL FINK 5 45 5 46 5 47 5 48 MARY LUNDBY 5 49 5 50 6 1 6 2 6 3 6 4 6 5 6 6 6 7 6 8 SF 2370.312 76 6 9 js/cf
Text: S05750 Text: S05752 Text: S05700 - S05799 Text: S Index Bills and Amendments: General Index Bill History: General Index
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