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House Amendment 1274

Amendment Text

PAG LIN
  1  1    Amend House File 577 as follows:
  1  2    #1.  Page 1, by inserting before line 1 the
  1  3 following:
  1  4    "Section 1.  Section 455A.1, Code 2001, is amended
  1  5 by adding the following new subsection:
  1  6    NEW SUBSECTION.  2A.  "Energy commission" means the
  1  7 energy commission created in section 455A.5A.
  1  8    Sec.    .  NEW SECTION.  455A.5A  IOWA ENERGY
  1  9 COMMISSION – APPOINTMENT AND DUTIES.
  1 10    1.  An energy commission is created within the
  1 11 department of natural resources.
  1 12    2.  The energy commission shall consist of seven
  1 13 members, appointed by the governor.
  1 14    a.  The members shall serve staggered terms of four
  1 15 years, beginning and ending as provided in section
  1 16 69.19, except for the initial appointments.  The
  1 17 governor shall indicate, when making the initial
  1 18 appointments, the two persons that shall serve four-
  1 19 year terms, the two persons that shall serve three-
  1 20 year terms, the two persons that shall serve two-year
  1 21 terms, and the one person that shall serve a one-year
  1 22 term, in order to initiate the system of four-year
  1 23 staggered terms.  Commission appointees are subject to
  1 24 senate confirmation.
  1 25    b.  The members shall be electors of the state, and
  1 26 shall have substantial knowledge of the subjects
  1 27 embraced in chapter 473.  The appointments shall be
  1 28 based upon the training, experience, and capacity of
  1 29 the appointees, and not based upon political
  1 30 considerations, other than as provided in section
  1 31 69.16.
  1 32    c.  A member of the energy commission shall not
  1 33 hold any other state or federal office.
  1 34    d.  The energy commission shall be subject to the
  1 35 provisions of section 69.16 regarding political
  1 36 affiliation and section 69.16A regarding gender
  1 37 balance.
  1 38    e.  A member of the energy commission may be
  1 39 reappointed, subject to the provisions of chapter 69.
  1 40    f.  A vacancy on the energy commission shall be
  1 41 filled for the unexpired term according to the
  1 42 provisions of chapter 69.
  1 43    3.  The energy commission shall hold an
  1 44 organizational meeting within thirty days of the
  1 45 beginning of a new regular term for one or more of its
  1 46 members.  The energy commission shall organize by
  1 47 electing a chairperson, vice chairperson, secretary,
  1 48 and any other officers deemed necessary or desirable.
  1 49 The energy commission shall meet at least quarterly
  1 50 throughout the year, or upon the call of the
  2  1 chairperson.
  2  2    4.  A majority of the members of the energy
  2  3 commission is a quorum, and a majority of a quorum may
  2  4 act in any matter within the jurisdiction of the
  2  5 commission, unless a more restrictive rule is adopted
  2  6 by the commission.
  2  7    5.  The energy commission shall investigate and
  2  8 annually report to the general assembly on at least
  2  9 the following topics:
  2 10    a.  The latest technologies of energy efficiency
  2 11 and renewable resources.
  2 12    b.  Formulation of a statewide education policy to
  2 13 inform media and citizens of energy issues.
  2 14    c.  The short-term and long-term feasibility of
  2 15 implementing various alternative energy sources.
  2 16    d.  The regulation of utilities in Iowa.
  2 17    e.  Recommendations regarding responsible standards
  2 18 for improving the efficiency of projects that utilize
  2 19 state funds.
  2 20    6.  The energy commission is charged with the
  2 21 following responsibilities and duties, except as
  2 22 otherwise established by law:
  2 23    a.  Establish policy for the department and adopt
  2 24 rules, pursuant to chapter 17A, necessary to provide
  2 25 for the effective administration of chapter 473.
  2 26    b.  Hear appeals in contested cases pursuant to
  2 27 chapter 17A on matters relating to actions taken by
  2 28 the director under chapter 473 and approve the budget
  2 29 request prepared by the director for the programs
  2 30 authorized by chapter 473.
  2 31    c.  Increase, decrease, or strike any item within
  2 32 the department budget request for the programs
  2 33 authorized by chapter 473 before granting approval.
  2 34    7.  The energy commission shall also advise the
  2 35 governor in developing energy policy in Iowa.
  2 36    8.  Members of the energy commission are eligible
  2 37 for reimbursement of actual and necessary expenses
  2 38 incurred in the performance of their official duties.
  2 39 Each member of the energy commission may also be
  2 40 eligible to receive compensation as provided in
  2 41 section 7E.6.
  2 42    Sec.    .  Section 455A.6, subsection 6, paragraph
  2 43 b, Code 2001, is amended to read as follows:
  2 44    b.  Hear appeals in contested cases pursuant to
  2 45 chapter 17A on matters relating to actions taken by
  2 46 the director under chapter 455C, 458A, or 464B, or
  2 47 473.
  2 48    Sec.    .  Section 473.1, subsection 1, Code 2001,
  2 49 is amended to read as follows:
  2 50    1.  "Commission" means the environmental protection
  3  1 energy commission of the department.
  3  2    Sec.    .  Section 473.3, Code 2001, is amended to
  3  3 read as follows:
  3  4    473.3  LEGISLATIVE INTENT -- ENERGY EFFICIENCY
  3  5 GOAL.
  3  6    1.  Iowa imports over ninety-eight percent of its
  3  7 energy, and energy resources in relation to consumer
  3  8 demand are soon projected to reach a critical point in
  3  9 Iowa.  Increasing energy efficiency is one method for
  3 10 conserving energy resources.
  3 11    2.  The goal policy of this state is to more
  3 12 efficiently utilize energy resources more efficiently,
  3 13 especially those that are nonrenewable or that have
  3 14 negative environmental impacts, in order to enhance
  3 15 the economy of the state and to decrease the state's
  3 16 dependence on energy resources from outside the state
  3 17 by reducing the amount of energy used.
  3 18    3.  The long-term goal of this state is to increase
  3 19 energy efficiency by twenty percent, over a time
  3 20 period and by specific measures to be determined by
  3 21 the commission.
  3 22    4.  This goal is to The energy efficiency policy
  3 23 shall be implemented through all of the following
  3 24 policies and programs:
  3 25    a.  Through the development of programs that
  3 26 promote energy efficiency and energy conservation by
  3 27 all Iowans, through including through increased
  3 28 weatherization of homes.
  3 29    b.  Through the development and enhancement of an
  3 30 energy efficiency industry, through.
  3 31    c.  Through the development of indigenous energy
  3 32 resources that are economically and environmentally
  3 33 viable, and through.
  3 34    d.  Through the development and implementation of
  3 35 effective public information and education programs.
  3 36    5.  State government shall be a model and testing
  3 37 ground for the use of energy efficiency systems.
  3 38    Sec.    .  Section 473.7, Code 2001, is amended to
  3 39 read as follows:
  3 40    473.7  DUTIES OF THE DEPARTMENT ENERGY COMMISSION.
  3 41    The department commission shall:
  3 42    1.  Deliver to the general assembly by January 15,
  3 43 1990 February 1, 2003, a plan for the development,
  3 44 management, and efficient utilization of all energy
  3 45 resources in the state.  The plan shall evaluate
  3 46 existing energy utilization with regard to energy
  3 47 efficiency and shall evaluate the future energy needs
  3 48 of the state.  The plan shall include but is not
  3 49 limited to the following elements:
  3 50    a.  The historical use and distribution of energy
  4  1 in Iowa.
  4  2    b.  The growth rate of energy consumption in Iowa.
  4  3    c.  A projection of Iowa's energy needs at a
  4  4 minimum of ten, twenty, and thirty years into the
  4  5 future.
  4  6    d.  The impact of meeting Iowa's energy needs on
  4  7 the economy of the state.
  4  8    e.  The impact of meeting Iowa's energy needs on
  4  9 the environment of the state.
  4 10    f.  An evaluation of alternative sources and uses
  4 11 of energy.
  4 12    g.  Legislative recommendations that may be
  4 13 necessary as a basis for the development of a state
  4 14 policy for the development and efficient utilization
  4 15 of on energy resources.
  4 16    h.  An evaluation of the ability of existing laws
  4 17 and regulations surrounding the utilization of to
  4 18 address future needs regarding energy resources.
  4 19    The department commission shall develop the plan
  4 20 with the assistance of, and in consultation with, the
  4 21 utilities board within the department of commerce,
  4 22 representatives of the energy industry, economic
  4 23 interests, the public, and other interested parties.
  4 24 The department commission shall submit a report to the
  4 25 general assembly concerning the status and
  4 26 implementation of the plan on a biennial basis.  The
  4 27 biennial update shall contain an evaluation of all
  4 28 state energy programs including expected versus actual
  4 29 benefits and forecasts of future energy demand in
  4 30 Iowa.
  4 31    2.  Identify a state facility in the state to be
  4 32 used as a marketing tool to promote energy
  4 33 conservation by providing a showcase for the
  4 34 department commission to demonstrate energy
  4 35 efficiency.
  4 36    3.  The department commission shall exchange
  4 37 information with other states on energy and especially
  4 38 on the allocation of fuel and shall request all
  4 39 information necessary to determine the reasonableness
  4 40 of any reduction of Iowa's fuel allocation, or the
  4 41 reasonableness of any increase in prices of any type
  4 42 of fuel, including the possibility of price-fixing or
  4 43 other manipulation of the market.
  4 44    4.  Establish a central depository within the state
  4 45 for energy data.
  4 46    a.  The central depository shall be located at or
  4 47 accessible through a library which that is a member of
  4 48 an interlibrary loan program to facilitate access to
  4 49 the data and information contained in the central
  4 50 depository.
  5  1    b.  The department commission shall collect data
  5  2 necessary to forecast future energy demands in the
  5  3 state.
  5  4    c.  The department commission may require a
  5  5 supplier to provide information pertaining to the
  5  6 supply, storage, distribution and sale of energy
  5  7 sources in this state.
  5  8    d.  The information shall be furnished on a
  5  9 periodic basis, shall be of a nature which that
  5 10 directly relates to the supply, storage, distribution
  5 11 and sale of energy sources, and shall not include any
  5 12 records, documents, books, or other data which that
  5 13 relate to the financial position of the supplier.
  5 14 Provided, provided that the department commission,
  5 15 prior to requiring any supplier to furnish it the
  5 16 commission with such information, shall make every
  5 17 reasonable effort to determine if the same such
  5 18 information is available from any other governmental
  5 19 source.  If it the commission finds such information
  5 20 is available, the department commission shall not
  5 21 require submission of the same such information from a
  5 22 supplier.
  5 23    e.  Notwithstanding the provisions of chapter 22,
  5 24 information and reports obtained under this section
  5 25 subsection shall be confidential except when used for
  5 26 statistical purposes without identifying a specific
  5 27 supplier and when release of the information will not
  5 28 give an advantage to competitors and serves a public
  5 29 purpose.  The department commission shall use this
  5 30 data to conduct energy forecasts which that shall be
  5 31 included in the biennial update required by this
  5 32 section.
  5 33    f.  The department commission may subpoena
  5 34 witnesses, administer oaths, and require the
  5 35 production of records, books, and documents for
  5 36 examination in order to obtain information required to
  5 37 be submitted under this section.  In case of failure
  5 38 or refusal on the part of any person to comply with a
  5 39 subpoena issued by the department commission, or in
  5 40 case of the refusal of any witness to testify as to
  5 41 any matter regarding which the witness may be
  5 42 interrogated under this chapter, the district court,
  5 43 upon the application of the department commission, may
  5 44 order the person to show cause why the person should
  5 45 not be held in contempt for failure to testify or
  5 46 comply with a subpoena, and may order the person to
  5 47 produce the records, books, and documents for
  5 48 examination, and to give testimony.  The courts may
  5 49 punish for contempt as in the case of disobedience to
  5 50 a like subpoena issued by the court, or for refusal to
  6  1 testify.
  6  2    5.  Develop, recommend, and implement with
  6  3 appropriate agencies public and professional education
  6  4 and communication programs in energy efficiency,
  6  5 energy conservation, and conversion to alternative
  6  6 sources of energy.
  6  7    6.  When necessary to carry out its duties under
  6  8 this chapter, enter into contracts with state agencies
  6  9 and other qualified contractors.
  6 10    7.  Receive and accept grants made available for
  6 11 programs relating to duties of the department
  6 12 commission under this chapter.
  6 13    8.  Promulgate Adopt rules pursuant to chapter 17A
  6 14 necessary to carry out the provisions of this chapter,
  6 15 subject to review in accordance with chapter 17A.
  6 16 Rules promulgated by the governor pursuant to a
  6 17 proclamation issued under the provisions of section
  6 18 473.8 shall not be subject to review or a public
  6 19 hearing as required in chapter 17A; however, agency
  6 20 rules for implementation of the governor's
  6 21 proclamation are subject to the requirements of
  6 22 chapter 17A.
  6 23    9.  Examine and determine whether additional state
  6 24 regulatory authority is necessary to protect the
  6 25 public interest and to promote the effective
  6 26 development, utilization and conservation of energy
  6 27 resources.  If the department commission finds that
  6 28 additional regulatory authority is necessary, the
  6 29 department commission shall submit recommendations to
  6 30 the general assembly concerning the nature and extent
  6 31 of such regulatory authority and which state agency
  6 32 should be assigned such regulatory responsibilities.
  6 33    10.  Develop and assist in the implementation of
  6 34 public education and communications programs in energy
  6 35 development, use and conservation, in co-operation
  6 36 cooperation with the department of education, the
  6 37 state university extension services and other public
  6 38 or private agencies and organizations as deemed
  6 39 appropriate by the department commission.
  6 40    11.  Develop a program to annually give annual
  6 41 public recognition to innovative methods of energy
  6 42 conservation.
  6 43    12.  Administer and coordinate federal funds for
  6 44 energy conservation programs including, but not
  6 45 limited to, the institutional conservation program,
  6 46 state energy conservation program, and energy
  6 47 extension service program, and related programs which
  6 48 that provide energy management and conservation
  6 49 assistance to schools, hospitals, health-care health
  6 50 care facilities, communities, and the general public.
  7  1    13.  Administer and coordinate the state building
  7  2 energy management program including projects funded
  7  3 through private financing.
  7  4    14.  Perform monthly fuel surveys which that
  7  5 establish a statistical average of motor fuel prices
  7  6 for various motor fuels provided throughout the state.
  7  7 Additionally, the department commission shall perform
  7  8 monthly fuel surveys in cities with populations of
  7  9 over fifty thousand which that establish a statistical
  7 10 average of motor fuel prices for various motor fuels
  7 11 provided in those individual cities.  The survey
  7 12 results shall be publicized in a monthly press release
  7 13 issued by the department commission.
  7 14    15.  Conduct a study on Study activities related to
  7 15 energy production and use which that contribute to
  7 16 global climate change and the depletion of the
  7 17 stratospheric ozone layer.  The study shall identify
  7 18 the types and relative contributions of these
  7 19 activities in Iowa.  The department commission shall
  7 20 develop a strategy to reduce emissions from activities
  7 21 identified as having an adverse impact on the global
  7 22 climate and the stratospheric ozone layer.  The
  7 23 department shall submit a report containing its
  7 24 findings and recommendations to the governor and
  7 25 general assembly by January 1, 1992.
  7 26    Sec.    .  Section 473.17, Code 2001, is amended to
  7 27 read as follows:
  7 28    473.17  REVIEW.
  7 29    The first session of the Seventy-second Eighty-
  7 30 first General Assembly meeting in the year 1987 2005
  7 31 shall review the activities and performance of the
  7 32 department commission and shall not later than July 1,
  7 33 1987 make a determination concerning the status and
  7 34 duties of the department commission, which review
  7 35 shall be performed every ten years thereafter."
  7 36    #2.  Page 1, by inserting after line 8 the
  7 37 following:
  7 38    "Sec.    .  Section 476.2, Code 2001, is amended by
  7 39 adding the following new subsection:
  7 40    NEW SUBSECTION.  5A.  The board shall emphasize the
  7 41 maintenance of a safe, reliable, and adequate power
  7 42 system, through application of standards for customer
  7 43 response times, outage frequency and duration,
  7 44 strategic staffing, prevention of injury and loss of
  7 45 life, and facilitation of construction of adequate
  7 46 generation and transmission facilities, including
  7 47 maintenance of the existing power grid.
  7 48    Sec.    .  Section 476.2, subsection 6, Code 2001,
  7 49 is amended to read as follows:
  7 50    6.  The board shall provide the general assembly
  8  1 energy commission with a report on the energy
  8  2 efficiency planning efforts undertaken by utilities
  8  3 required to offer energy efficiency plans pursuant to
  8  4 section 476.6, subsection 17.  The report shall be
  8  5 completed by January 1, 1998. following subjects:
  8  6    a.  An analysis of the level of investment and
  8  7 incentives required to increase the energy generated
  8  8 from alternative or renewable sources by ten, twenty,
  8  9 and thirty percent.
  8 10    b.  Recommendations for promoting investment in
  8 11 integrated small-scale renewable energy systems.
  8 12    c.  An analysis of the costs and benefits of
  8 13 generating and transmitting electricity from renewable
  8 14 sources, and a proposal for a formula for establishing
  8 15 a fair cost for transmitting electricity from
  8 16 renewable sources.
  8 17    d.  Recommendations regarding establishment of a
  8 18 standard system for net metering and connecting
  8 19 renewable electricity generators to the electric
  8 20 transmission grid."
  8 21    #3.  By renumbering as necessary.  
  8 22 
  8 23 
  8 24                               
  8 25 HATCH of Polk
  8 26 HF 577.712 79
  8 27 jj/cls
     

Text: H01273                            Text: H01275
Text: H01200 - H01299                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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