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House Journal: Page 1713: Wednesday, April 17, 1996

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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