Text: SF02369 Text: SF02371 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
Get Version To Print
PAG LIN 1 1 Section 1. Section 476.1, unnumbered paragraph 7, Code 1 2 1995, is amended to read as follows: 1 3 The jurisdiction of the board under this chapter shall 1 4 includeprogramsefforts designed to promote the use of energy 1 5 efficiency strategies by rate or service-regulated gas and 1 6 electric utilities.These programs shall be cost effective.1 7The board may initiate these programs as pilot projects to1 8accumulate sufficient data to determine if the programs meet1 9the requirements of this paragraph.1 10 Sec. 2. Section 476.1A, subsections 5 and 6, Code 1995, 1 11 are amended to read as follows: 1 12 5. Assessment of fees for the support of the Iowa energy 1 13 center created in section 266.39C and the center for global 1 14warmingand regional environmental research established by the 1 15 state board of regents. 1 16 6. Filing energy efficiency plans and energy efficiency 1 17 results with the board. The energy efficiency plans as a 1 18 whole shall be cost-effective. The board may permit these 1 19 utilities to file joint plans. 1 20 Sec. 3. Section 476.1A, unnumbered paragraph 2, Code 1995, 1 21 is amended to read as follows: 1 22 The board may waive all or part of the energy efficiency 1 23 filing and review requirements for electric cooperative 1 24 corporations and associations and electric public utilities 1 25 which demonstrate superior results with existing energy 1 26 efficiencyprogramsefforts. 1 27 Sec. 4. Section 476.1B, subsection 1, paragraphs k and l, 1 28 Code 1995, are amended to read as follows: 1 29 k. Assessment of fees for the support of the Iowa energy 1 30 center created in section 266.39C and theglobal warming1 31 center for global and regional environmental research created 1 32 by the state board of regents. 1 33 l. Filing energy efficiency plans and energy efficiency 1 34 results with the board. The energy efficiency plans as a 1 35 whole shall be cost-effective. The board may permit these 2 1 utilities to file joint plans. 2 2 Sec. 5. Section 476.1B, subsection 2, Code 1995, is 2 3 amended to read as follows: 2 4 2. The board may waive all or part of the energy 2 5 efficiency filing and review requirements for municipally 2 6 owned utilities which demonstrate superior results with 2 7 existing energy efficiencyprogramsefforts. 2 8 Sec. 6. Section 476.1C, subsection 1, unnumbered paragraph 2 9 2, Code 1995, is amended to read as follows: 2 10 Gas public utilities having fewer than two thousand 2 11 customers shall be subject to the assessment of fees for the 2 12 support of the Iowa energy center created in section 266.39C 2 13 and theglobal warmingcenter for global and regional 2 14 environmental research created by the state board of regents 2 15 and shall file energy efficiency plans and energy efficiency 2 16 results with the board. The energy efficiency plans as a 2 17 whole shall be cost-effective. The board may waive all or 2 18 part of the energy efficiency filing requirements if the gas 2 19 utility demonstrates superior results with existing energy 2 20 efficiencyprogramsefforts. 2 21 Sec. 7. Section 476.2, subsections 5, 6, and 7, Code 1995, 2 22 are amended by striking the subsections and inserting in lieu 2 23 thereof the following: 2 24 5. Each rate-regulated gas and electric utility operating 2 25 within the state shall maintain within the state the utility's 2 26 principal office for Iowa operations. The principal office 2 27 shall be subject to the jurisdiction of the board and shall 2 28 house those books, accounts, papers, and records of the 2 29 utility deemed necessary by the board to be housed within the 2 30 state. The utility shall maintain within the state 2 31 administrative, technical, and operating personnel necessary 2 32 for the delivery of safe and reasonably adequate services and 2 33 facilities as required pursuant to section 476.8. A public 2 34 utility which violates this section shall be subject to the 2 35 penalties provided in section 476.51 and shall be denied 3 1 authority to recover, for a period determined by the board, 3 2 the costs of an energy efficiency plan pursuant to section 3 3 476.6, subsection 11. 3 4 6. The board shall provide the general assembly with a 3 5 report on the energy efficiency planning efforts undertaken by 3 6 utilities required to offer energy efficiency plans pursuant 3 7 to section 476.6, subsection 17. The report shall be 3 8 completed by January 1, 1998. 3 9 Sec. 8. Section 476.6, subsection 17, Code 1995, is 3 10 amended by striking the subsection and inserting in lieu 3 11 thereof the following: 3 12 17. ENERGY EFFICIENCY PLANS. Electric and gas public 3 13 utilities shall offer energy efficiency programs to their 3 14 customers through energy efficiency plans. An energy 3 15 efficiency plan as a whole shall be cost-effective. In 3 16 determining the cost-effectiveness of an energy efficiency 3 17 plan, the board shall apply the societal test, utility cost 3 18 test, rate-payer impact test, and participant test. Energy 3 19 efficiency programs for qualified low-income persons and for 3 20 tree planting programs need not be cost-effective and shall 3 21 not be considered in determining cost-effectiveness of plans 3 22 as a whole. The energy efficiency programs in the plans may 3 23 be provided by the utility or by a contractor or agent of the 3 24 utility. 3 25 Sec. 9. Section 476.6, subsection 19, paragraphs a through 3 26 f, Code 1995, are amended by striking the paragraphs and 3 27 inserting in lieu thereof the following: 3 28 a. Gas and electric utilities required to be rate- 3 29 regulated under this chapter shall file energy efficiency 3 30 plans with the board. An energy efficiency plan and budget 3 31 shall include a range of programs, tailored to the needs of 3 32 all customer classes, including residential, commercial, and 3 33 industrial customers, for energy efficiency opportunities. 3 34 The plans shall include programs for qualified low-income 3 35 persons including a cooperative program with any community 4 1 action agency within the utility's service area to implement 4 2 countywide or communitywide energy efficiency programs for 4 3 qualified low-income persons. Rate-regulated gas and electric 4 4 utilities shall utilize Iowa agencies and Iowa contractors to 4 5 the maximum extent cost-effective in their energy efficiency 4 6 plans filed with the board. 4 7 b. A gas and electric utility required to be rate- 4 8 regulated under this chapter shall assess potential energy and 4 9 capacity savings available from actual and projected customer 4 10 usage by applying commercially available technology and 4 11 improved operating practices to energy-using equipment and 4 12 buildings. The utility shall submit the assessment to the 4 13 board. Upon receipt of the assessment, the board shall 4 14 consult with the energy bureau of the division of energy and 4 15 geological resources of the department of natural resources to 4 16 develop specific capacity and energy savings performance 4 17 standards for each utility. The utility shall submit an 4 18 energy efficiency plan which shall include economically 4 19 achievable programs designed to attain these energy and 4 20 capacity performance standards. 4 21 c. The board shall conduct contested case proceedings for 4 22 review of energy efficiency plans and budgets filed by gas and 4 23 electric utilities required to be rate-regulated under this 4 24 chapter. The board may approve, reject, or modify the plans 4 25 and budgets. Notwithstanding the provisions of section 4 26 17A.19, subsection 5, in an application for judicial review of 4 27 the board's decision concerning a utility's energy efficiency 4 28 plan or budget, the reviewing court shall not order a stay. 4 29 Whenever a request to modify an approved plan or budget is 4 30 filed subsequently by the office of consumer advocate or a gas 4 31 or electric utility required to be rate-regulated under this 4 32 chapter, the board shall promptly initiate a formal proceeding 4 33 if the board determines that any reasonable ground exists for 4 34 investigating the request. The formal proceeding may be 4 35 initiated at any time by the board on its own motion. 5 1 Implementation of board approved plans or budgets shall be 5 2 considered continuous in nature and shall be subject to 5 3 investigation at any time by the board or the office of the 5 4 consumer advocate. 5 5 d. Notice to customers of a contested case proceeding for 5 6 review of energy efficiency plans and budgets shall be in a 5 7 manner prescribed by the board. 5 8 e. A gas or electric utility required to be rate-regulated 5 9 under this chapter may recover, through an automatic 5 10 adjustment mechanism filed pursuant to subsection 11, over a 5 11 period not to exceed the term of the plan, the costs of an 5 12 energy efficiency plan approved by the board, including 5 13 amounts for a plan approved prior to July 1, 1996, in a 5 14 contested case proceeding conducted pursuant to paragraph "c". 5 15 The board shall periodically conduct a contested case 5 16 proceeding to evaluate the reasonableness and prudence of the 5 17 utility's implementation of an approved energy efficiency plan 5 18 and budget. If a utility is not taking all reasonable actions 5 19 to cost-effectively implement an approved energy efficiency 5 20 plan, the board shall not allow the utility to recover from 5 21 customers costs in excess of those costs that would be 5 22 incurred under reasonable and prudent implementation and shall 5 23 not allow the utility to recover future costs at a level other 5 24 than what the board determines to be reasonable and prudent. 5 25 If the result of a contested case proceeding is a judgment 5 26 against a utility, that utility's future level of cost 5 27 recovery shall be reduced by the amount by which the programs 5 28 were found to be imprudently conducted. The utility shall not 5 29 represent energy efficiency in customer billings as a separate 5 30 cost or expense unless the board otherwise approves. 5 31 Sec. 10. Section 476.10A, Code 1995, is amended to read as 5 32 follows: 5 33 476.10A FUNDING FOR IOWA ENERGY CENTER ANDGLOBAL WARMING5 34 CENTER FOR GLOBAL AND REGIONAL ENVIRONMENTAL RESEARCH. 5 35 The board shall direct all gas and electric utilities to 6 1 remit to the treasurer of state one-tenth of one percent of 6 2 the total gross operating revenues during the last calendar 6 3 year derived from their intrastate public utility operations. 6 4 The board shall by rule provide a schedule for remittances 6 5 which shall require that the first remittance be made not 6 6 before July 1, 1991. The amounts collected pursuant to this 6 7 section shall be in addition to the amounts permitted to be 6 8 assessed pursuant to section 476.10. The board shall allow 6 9 inclusion of these amounts in the budgets approved by the 6 10 board pursuant to section 476.6, subsection 19, paragraph "a". 6 11 Eighty-five percent of the remittances collected pursuant to 6 12 this section is appropriated to the Iowa energy center created 6 13 in section 266.39C. Fifteen percent of the remittances 6 14 collected pursuant to this section is appropriated to the 6 15 center for globalwarmingand regional environmental research 6 16 established by the state board of regents. 6 17 Notwithstanding section 8.33, any unexpended moneys 6 18 remitted to the treasurer of state under this section shall be 6 19 retained for the purposes designated. Notwithstanding section 6 20 12C.7, subsection 2, interest or earnings on investments or 6 21 time deposits of the moneys remitted under this section shall 6 22 be retained and used for the purposes designated. 6 23 The Iowa energy center and the center for global and 6 24 regional environmental research shall each provide a written 6 25 annual report to the utilities board which describes each 6 26 center's activities and the results that each center has 6 27 accomplished. Each report shall include an explanation of 6 28 initiatives and projects of importance to the state of Iowa. 6 29 Sec. 11. NEW SECTION. 476.46 ALTERNATE ENERGY REVOLVING 6 30 LOAN PROGRAM. 6 31 1. The Iowa energy center created under section 266.39C 6 32 shall establish and administer an alternate energy revolving 6 33 loan program to encourage the development of alternate energy 6 34 production facilities and small hydro facilities within the 6 35 state. 7 1 2. An alternate energy revolving loan fund is created in 7 2 the office of the treasurer of state to be administered by the 7 3 Iowa energy center. The fund shall include moneys remitted to 7 4 the fund pursuant to subsection 3 and any other moneys 7 5 appropriated or otherwise directed to the fund. Moneys in the 7 6 fund shall be used to provide loans for the construction of 7 7 alternate energy production facilities or small hydro 7 8 facilities as defined in section 476.42. A gas or electric 7 9 utility which is not required to be rate-regulated shall not 7 10 be eligible for a loan under this section. A facility shall 7 11 be eligible for no more than two hundred fifty thousand 7 12 dollars in loans outstanding at any time under this program. 7 13 Each loan shall be for a period not to exceed twenty years, 7 14 shall bear no interest, and shall be repayable to the fund 7 15 created under this section in installments as determined by 7 16 the Iowa energy center. The interest rate upon delinquent 7 17 payments shall accelerate immediately to the current legal 7 18 usury limit. Any loan made pursuant to this program shall 7 19 become due for payment upon sale of the facility for which the 7 20 loan was made. Interest on the fund shall be deposited in the 7 21 fund. Section 8.33 shall not apply to the moneys in the fund. 7 22 3. The board shall direct all gas and electric utilities 7 23 required to be rate-regulated to remit to the treasurer of 7 24 state by July 1, 1996, eighty-five one-thousandths of one 7 25 percent of the total gross operating revenues during calendar 7 26 year 1995 derived from their intrastate public utility 7 27 operations, by July 1, 1997, eighty-five one-thousandths of 7 28 one percent of the total gross operating revenues during 7 29 calendar year 1996 derived from their intrastate public 7 30 utility operations and by July 1, 1998, eighty-five one- 7 31 thousandths of one percent of the total gross operating 7 32 revenues during calendar year 1997 derived from their 7 33 intrastate public utility operations. The amounts collected 7 34 pursuant to this section shall be in addition to the amounts 7 35 permitted to be assessed pursuant to section 476.10 and the 8 1 amounts assessed pursuant to section 476.10A. The board shall 8 2 allow inclusion of these amounts in the budgets approved by 8 3 the board pursuant to section 476.6, subsection 19, paragraph 8 4 "a". 8 5 Sec. 12. Section 476.78, Code 1995, is amended to read as 8 6 follows: 8 7 476.78 CROSS-SUBSIDIZATION PROHIBITED. 8 8 A rate-regulated gas or electric public utility shall not 8 9 directly or indirectly include any costs or expenses 8 10 attributable to providing nonutility service in regulated 8 11 rates or charges. Except for contracts existing as of July 1, 8 12 1996, a rate-regulated gas or electric public utility or its 8 13 affiliates shall not use vehicles, service tools and 8 14 instruments, or employees, the costs, salaries, or benefits of 8 15 which are recoverable in the regulated rates for electric 8 16 service or gas service to install, service, or repair 8 17 residential or commercial gas or electric heating, 8 18 ventilating, or air conditioning systems, or interior lighting 8 19 systems and fixtures; or to sell at retail heating, 8 20 ventilating, air conditioning, or interior lighting equipment. 8 21 For the purpose of this section, "commercial" means a place of 8 22 business primarily used for the storage or sale, at wholesale 8 23 or retail, of goods, wares, services, or merchandise. Nothing 8 24 in this section shall be construed to prohibit a rate- 8 25 regulated gas or electric public utility from using its 8 26 utility vehicles, service tools and instruments, and employees 8 27 to market systems, services, and equipment, to light pilots, 8 28 or to eliminate a customer emergency or threat to public 8 29 safety. 8 30 Sec. 13. Section 476.83, Code 1995, is amended by striking 8 31 the section and inserting in lieu thereof the following: 8 32 476.83 COMPLAINTS. 8 33 Any person may file a written complaint with the board 8 34 requesting that the board determine compliance by a rate- 8 35 regulated gas or electric public utility with the provisions 9 1 of section 476.78, 476.79, or 476.80, or any validly adopted 9 2 rules to implement these sections. Upon the filing of a 9 3 complaint, the board may promptly initiate a formal complaint 9 4 proceeding and give notice of the proceeding and the 9 5 opportunity for hearing. The formal complaint proceeding may 9 6 be initiated at any time by the board on its own motion. The 9 7 board shall render a decision in the proceeding within ninety 9 8 days after the date the written complaint was filed, unless 9 9 additional time is requested by the complainant. 9 10 Sec. 14. Section 476.65, Code 1995, is repealed. 9 11 Sec. 15. Notwithstanding the restrictions contained in 9 12 section 28F.1, third and fourth unnumbered paragraphs, and 9 13 section 28F.7, a municipal utility may enter into an agreement 9 14 with a public agency which has received for this purpose 9 15 before the effective date of this Act a commitment for a 9 16 United States department of energy grant, to jointly finance 9 17 one wind turbine alternate energy production facility as 9 18 defined in section 476.42 of not more than twenty megawatts 9 19 nameplate-rated capacity, and to provide the municipal utility 9 20 and other public or private agencies with electricity from the 9 21 facility. An electric utility shall not be required to 9 22 purchase electricity from such an alternate energy production 9 23 facility pursuant to sections 476.43 and 476.44. 9 24 Sec. 16. Section 7 of this Act, being deemed of immediate 9 25 importance, takes effect upon enactment. 9 26 Sec. 17. Section 11 of this Act being deemed of immediate 9 27 importance, takes effect upon enactment. 9 28 SF 2370 9 29 js/cc/26
Text: SF02369 Text: SF02371 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: Senate Bills and Amendments (76th General Assembly)
© 1996 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Wed Aug 7 15:34:44 CDT 1996
URL: /DOCS/GA/76GA/Legislation/SF/02300/SF02370/960507.html
jhf