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45 electricity from new technologies. The board shall 46 provide for a minimum of thirty percent of the eighty- 47 five percent required purchase of alternate energy 48 under this paragraph to be purchased from small hydro 49 facilities. Of the eighty-five percent, thirty 50 percent shall be purchased in accordance with the Page 9 1 following: 2 (1) At least ten percent shall be from dedicated 3 energy crops grown within the state, fifty percent of 4 which shall be from projects of five hundred kilowatts 5 or less. 6 (2) At least ten percent shall be from 7 agricultural wastes produced from agricultural crops 8 grown within the state, fifty percent of which shall 9 be from projects of five hundred kilowatts or less. 10 (3) At least ten percent shall be from small scale 11 wind generation projects located within the state of 12 two hundred fifty kilowatts or less. 13 c. By December 31, 1997, the board shall require 14 an electric utility to enter into contracts for the 15 purchase of the utility's allotted share of eighty- 16 nine megawatts of electricity generated from alternate 17 energy production facilities, and by July 1, 1999, the 18 board shall require the utility to enter into 19 contracts for the purchase of the utility's allotted 20 share of an additional one hundred five megawatts. 21 For purposes of this section, new technologies include 22 only those technologies that use nonfossil fuel to 23 derive renewable energy. 24 Sec. 23. Section 476.78, Code 1995, is amended to 25 read as follows: 26 476.78 CROSS-SUBSIDIZATION PROHIBITED. 27 A rate-regulated gas or electric public utility 28 shall not directly or indirectly include any costs or 29 expenses attributable to providing nonutility service 30 in regulated rates or charges. Except for contracts 31 existing as of July 1, 1996, a rate-regulated gas or 32 electric public utility or its affiliates shall not 33 use vehicles, service tools and instruments, or 34 employees, the costs, salaries, or benefits of which 35 are recoverable in the regulated rates for electric 36 service or gas service to install, service, or repair 37 residential or commercial gas or electric heating, 38 ventilating, or air conditioning systems, or interior 39 lighting systems and fixtures; or to sell at retail 40 heating, ventilating, air conditioning, or interior 41 lighting equipment. For the purpose of this section, 42 "commercial" means a place of business primarily used 43 for the storage or sale, at wholesale or retail, of 44 goods, wares, services, or merchandise. Nothing in
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