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House Journal: Page 1712: Wednesday, April 17, 1996

45     4.  Notwithstanding subsection 2, alternate energy
46   produced by recovery of methane at a sanitary landfill
47   shall be purchased at the rate existing as of January
48   1, 1996.
49     Sec. 21.  Section 476.44, subsection 1, Code 1995,
50   is amended by striking the subsection.

Page   8

 1     Sec. 22.  Section 476.44, subsection 2, Code 1995,
 2   is amended to read as follows:
 3     2.  a.  An electric utility subject to this
 4   division, except a utility which elects rate
 5   regulation pursuant to section 476.1A, shall not be
 6   required to purchase, at any one time, more than its
 7   share of one two hundred five ten megawatts
of power
 8   from alternative energy production facilities or small
 9   hydro facilities at the rates in accordance with the
10   competitive bidding process established pursuant to
11   section 476.43 and pursuant to timelines established
12   under paragraph "c".  For purposes of this section,
13   "megawatt" shall be determined in accordance with a
14   utility's average capacity.  "Average capacity" means
15   a utility's total output over a year divided by the
16   number of hours in the year.  The board shall allocate
17   the one two hundred five ten megawatts
based upon each
18   utility's percentage of the total Iowa retail peak
19   demand, for the year beginning January 1, 1990, of all
20   utilities subject to this section.  If a utility
21   undergoes reorganization as defined in section 476.76,
22   the board shall combine the allocated purchases of
23   power for each utility involved in the reorganization.
24     Notwithstanding the one two hundred five
ten
25   megawatt maximum, the board may increase the amount of
26   power that a utility is required to purchase at the
27   rates established pursuant to section 476.43 if the
28   board finds that a utility, including a reorganized
29   utility, exceeds its 1990 Iowa retail peak demand by
30   twenty percent and the additional power the utility is
31   required to purchase will encourage the development of
32   alternate energy production facilities and small hydro
33   facilities.  The increase shall not exceed the
34   utility's increase in peak demand multiplied by the
35   ratio of the utility's share of the one two hundred
36   five ten megawatt maximum to its 1990 Iowa retail
peak
37   demand.
38     b.  Of that portion of alternate energy required to
39   be purchased by a utility under this section, eighty-
40   five percent shall be purchased from alternate energy
41   production facilities or small hydro facilities
42   generating electricity with current and viable
43   technologies and fifteen percent shall be purchased
44   from alternate energy production facilities generating

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