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House File 2528

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 216A.102, Code 2001, is amended to read
  1  2 as follows:
  1  3    216A.102  ENERGY CRISIS ASSISTANCE FUND.
  1  4    1.  An energy crisis assistance fund is created in the
  1  5 state treasury.  Moneys deposited in the fund shall be used to
  1  6 assist low-income families who qualify for the low-income
  1  7 heating energy assistance program to avoid loss of essential
  1  8 heating, to assist low-income customers with weatherization
  1  9 measures to improve energy efficiency related to winter
  1 10 heating and summer cooling, and to supplement the energy
  1 11 assistance received under the federal low-income heating
  1 12 energy assistance program for the payment of winter heating
  1 13 electric or gas utility bills.
  1 14    2.  The fund may receive moneys including, but not limited
  1 15 to, the following:
  1 16    a.  Moneys appropriated by the general assembly for the
  1 17 fund.
  1 18    b.  Moneys credited to the fund under section 473.11.
  1 19    c.  After July 1, 1988, unclaimed patronage dividends of
  1 20 electric cooperative corporations or associations shall be
  1 21 applied to the fund following the time specified in section
  1 22 556.12 for claiming the dividend from the holder.
  1 23    d. b.  The fund may also receive contributions Moneys
  1 24 credited to the fund from customer contribution funds
  1 25 established under section 476.66.
  1 26    c.  Any other moneys available to, obtained, or accepted by
  1 27 the division for placement in the fund.
  1 28    3.  Under rules developed by the division of community
  1 29 action agencies of the department of human rights, the fund
  1 30 may also be used to negotiate reconnection of essential
  1 31 utility services with the energy provider.
  1 32    4.  Notwithstanding section 12C.7, subsection 2, interest
  1 33 or earnings on moneys deposited in the energy assistance fund
  1 34 shall be credited to the fund.  Notwithstanding section 8.33,
  1 35 moneys remaining in the energy assistance fund at the end of a
  2  1 fiscal year shall not revert but shall remain available for
  2  2 the purposes intended.
  2  3    Sec. 2.  Section 476.1A, Code Supplement 2001, is amended
  2  4 by adding the following new subsection:
  2  5    NEW SUBSECTION.  8.  Filing a study of assessment of
  2  6 potential energy and capacity savings available from actual
  2  7 and projected customer usage by applying commercially
  2  8 available technology and improved operating practices to
  2  9 energy-using equipment and buildings.
  2 10    Sec. 3.  Section 476.1B, subsection 1, Code Supplement
  2 11 2001, is amended by adding the following new paragraph:
  2 12    NEW PARAGRAPH.  o.  Filing a study of assessment of
  2 13 potential energy and capacity savings available from actual
  2 14 and projected customer usage by applying commercially
  2 15 available technology and improved operating practices to
  2 16 energy-using equipment and buildings.
  2 17    Sec. 4.  Section 476.1C, subsection 1, unnumbered paragraph
  2 18 2, Code 2001, is amended to read as follows:
  2 19    Gas public utilities having fewer than two thousand
  2 20 customers shall be subject to the assessment of fees for the
  2 21 support of the Iowa energy center created in section 266.39C
  2 22 and the center for global and regional environmental research
  2 23 created by the state board of regents, and shall file energy
  2 24 efficiency plans and energy efficiency results with the board,
  2 25 and shall file a study of assessment of potential energy and
  2 26 capacity savings available from actual and projected customer
  2 27 usage by applying commercially available technology and
  2 28 improved operating practices to energy-using equipment and
  2 29 buildings.  The energy efficiency plans as a whole shall be
  2 30 cost-effective.  The board may waive all or part of the energy
  2 31 efficiency filing requirements if the gas utility demonstrates
  2 32 superior results with existing energy efficiency efforts.
  2 33    Sec. 5.  Section 476.6, subsection 19, paragraphs a and b,
  2 34 Code Supplement 2001, are amended to read as follows:
  2 35    a.  Gas and electric utilities, whether or not required to
  3  1 be rate-regulated under this chapter, shall file energy
  3  2 efficiency plans with the board.  An energy efficiency plan
  3  3 and budget shall include a range of programs, tailored to the
  3  4 needs of all customer classes, including residential,
  3  5 commercial, and industrial customers, for energy efficiency
  3  6 opportunities.  The plans shall include programs for qualified
  3  7 low-income persons including a cooperative program with any
  3  8 community action agency within the utility's service area to
  3  9 implement countywide or communitywide energy efficiency
  3 10 programs for qualified low-income persons.  Rate-regulated gas
  3 11 and electric utilities shall utilize Iowa agencies and Iowa
  3 12 contractors to the maximum extent cost-effective in their
  3 13 energy efficiency plans filed with the board.
  3 14    b.  A gas and electric utility, whether or not required to
  3 15 be rate-regulated under this chapter, shall assess potential
  3 16 energy and capacity savings available from actual and
  3 17 projected customer usage by applying commercially available
  3 18 technology and improved operating practices to energy-using
  3 19 equipment and buildings.  The utility shall submit the
  3 20 assessment to the board.  Upon receipt of the assessment, the
  3 21 board shall consult with the energy bureau of the division of
  3 22 energy and geological resources of the department of natural
  3 23 resources to develop specific capacity and energy savings
  3 24 performance standards for each utility.  The utility shall
  3 25 submit an energy efficiency plan which that shall include
  3 26 economically achievable programs designed to attain these
  3 27 energy and capacity performance standards.
  3 28    Sec. 6.  Section 476.20, subsections 2 and 3, Code 2001,
  3 29 are amended to read as follows:
  3 30    2.  a.  The board shall establish rules requiring a
  3 31 regulated public utility furnishing gas or electricity to
  3 32 include in the utility's notice of pending disconnection of
  3 33 service a written statement advising the customer that the
  3 34 customer may be eligible to participate in the low income home
  3 35 energy assistance program or weatherization assistance program
  4  1 administered by the division of community action agencies of
  4  2 the department of human rights.
  4  3    b.  The written statement shall list include the following
  4  4 information:
  4  5    (1)  The address and telephone number of the local agency
  4  6 which that is administering the customer's low income home
  4  7 energy assistance program and the weatherization assistance
  4  8 program.  The written statement shall also state
  4  9    (2)  A statement that the customer is advised to contact
  4 10 the public utility to settle any of the customer's complaints
  4 11 with the public utility, but if a complaint is not settled to
  4 12 the customer's satisfaction, the customer may file the a
  4 13 complaint with the board.  The written statement shall include
  4 14 the
  4 15    (3)  The address and phone number of the board.
  4 16    (4)  If the notice of pending disconnection of service
  4 17 applies to a residence, the written statement shall advise
  4 18 that the disconnection does not apply from November 1 through
  4 19 April 1 for a resident who is a "head of household", as
  4 20 defined by law, and who has been certified to the public
  4 21 utility by the local agency which is administering the low
  4 22 income home energy assistance program and weatherization
  4 23 assistance program as being eligible for either the low income
  4 24 home energy assistance program or weatherization assistance
  4 25 program, and that if such a resident resides within the
  4 26 serviced residence, the customer should promptly have the
  4 27 qualifying resident notify the local agency which is
  4 28 administering the low income home energy assistance program
  4 29 and weatherization assistance program if the customer meets
  4 30 the conditions described in subsection 3, paragraph "b".
  4 31    c.  The board shall establish rules requiring that the
  4 32 written notice contain additional information as it deems
  4 33 necessary and appropriate.
  4 34    3.  a.  The board shall establish rules which shall be
  4 35 uniform with respect to all public utilities furnishing gas or
  5  1 electricity relating to disconnection of service.  This
  5  2 subsection applies both to regulated utilities and to
  5  3 municipally owned utilities and unincorporated villages which
  5  4 own their own distribution systems, and violations of this
  5  5 subsection subject the utilities to civil penalties under
  5  6 section 476.51.
  5  7    A qualified applicant for the low income home energy
  5  8 assistance program or the weatherization assistance program
  5  9 who is also a "head of household", as defined in section
  5 10 422.4, subsection 7, shall be promptly certified by the local
  5 11 agency administering the applicant's program to the
  5 12 applicant's public utility that the resident is a "head of
  5 13 household" as defined in section 422.4, subsection 7, and is
  5 14 qualified for the low income home energy assistance program or
  5 15 weatherization assistance program.  Notwithstanding subsection
  5 16 1, a
  5 17    b.  A public utility furnishing gas or electricity shall
  5 18 not disconnect service from November 1 through April 1 to a
  5 19 residence which has a resident that has been certified under
  5 20 this paragraph where the customer currently is, or has been at
  5 21 any time during the previous twelve months, a participant in
  5 22 any state or federal assistance program that uses, as an
  5 23 eligibility criterion, income at or below one hundred eighty-
  5 24 five percent of the most recent federal poverty guidelines
  5 25 published by the United States department of health and human
  5 26 services, or whose projected adjusted gross income due to a
  5 27 demonstrated change in economic circumstances would make the
  5 28 customer eligible for such state or federal assistance.  The
  5 29 public utility may perform income verification.
  5 30    Sec. 7.  Section 476.66, Code 2001, is amended to read as
  5 31 follows:
  5 32    476.66  CUSTOMER CONTRIBUTION FUND CONTRIBUTIONS FOR THE
  5 33 ENERGY ASSISTANCE FUND.
  5 34    1.  The utilities board shall adopt rules which shall
  5 35 require each electric and gas public utility to establish a do
  6  1 all of the following:
  6  2    a.  Collect contributions for the energy assistance fund,
  6  3 whose purposes shall include the receiving receipt of
  6  4 contributions to assist the utility's all gas and electric
  6  5 low-income customers with weatherization measures to improve
  6  6 energy efficiency related to winter heating and summer
  6  7 cooling, and to supplement the energy assistance received
  6  8 under the federal low-income heating energy assistance program
  6  9 for the payment of winter heating electric or gas utility
  6 10 bills.  Contributions collected pursuant to this provision
  6 11 shall be credited to the energy assistance fund established in
  6 12 section 216A.102.
  6 13    2.  The rules shall require each utility to periodically
  6 14    b.  Periodically notify its customers of the availability
  6 15 and purpose of the fund and to provide them with forms on
  6 16 which they can authorize the their utility to bill their
  6 17 contribution to the fund on a monthly basis.
  6 18    3. 2.  The rules shall permit the following:
  6 19    a.  The fund to may accept matching funds from persons or
  6 20 organizations who wish to provide assistance for customers of
  6 21 the utility.
  6 22    4. b.  The A utility may be reimbursed by the fund for the
  6 23 administrative costs of the billings, disbursements, notices
  6 24 to customers, and financial recordkeeping.  However, such
  6 25 reimbursement shall not exceed five percent of the total
  6 26 revenues collected.
  6 27    5. 3.  The utility division of community action agencies of
  6 28 the department of human rights shall establish a board or
  6 29 committee to determine the appropriate distribution of the
  6 30 funds.  The board or committee shall include representatives
  6 31 from community or regional organizations which are active in
  6 32 assisting citizens with payment of their winter heating bills.
  6 33    6. a.  The rules established by the utilities board shall
  6 34 require an annual report to be filed for each the fund.  The
  6 35 utilities board shall compile an annual statewide report of
  7  1 the fund results.
  7  2    b.  The division of community action agencies of the
  7  3 department of human rights shall prepare an annual report of
  7  4 the unmet need for energy assistance and weatherization.
  7  5    c.  Both reports shall be submitted to the appropriations
  7  6 committees of the general assembly on the first day of the
  7  7 following session.
  7  8    7.  Existing programs to receive customer contributions
  7  9 established by public utilities shall be construed to meet the
  7 10 requirements of this section.  Such plans shall be subject to
  7 11 review by the utilities board.  If determined not to be in
  7 12 compliance with the provisions of this section, they shall be
  7 13 given until July 1989 to modify their operation so as to be in
  7 14 compliance.  
  7 15                           EXPLANATION
  7 16    This bill relates to energy, by providing for submission of
  7 17 energy reports by certain utilities, expanding the
  7 18 applicability of the moratorium on utility disconnections
  7 19 during the winter, and providing energy assistance for low-
  7 20 income consumers.
  7 21    The bill amends Code section 476.6 to provide that all gas
  7 22 and electric utilities shall file energy efficiency plans and
  7 23 studies of assessment of potential energy savings with the
  7 24 utilities board.  Currently, all utilities file the energy
  7 25 efficiency plans, but only the rate-regulated gas and electric
  7 26 utilities file the studies of assessment of potential energy
  7 27 savings.  Related amendments are made to Code sections 476.1A,
  7 28 476.1B, and 476.1C, which address board authority over
  7 29 electric cooperatives, municipal utilities, and certain gas
  7 30 utilities.
  7 31    The bill amends Code section 476.20 to provide that the
  7 32 moratorium on disconnection applies to any customer who
  7 33 currently is or has been at any time during the last 12 months
  7 34 a participant in a state or federal assistance program that
  7 35 uses income eligibility at or below 185 percent of the federal
  8  1 poverty guidelines, rather than just for low-income home
  8  2 energy assistance program (LIHEAP) participants.  The bill
  8  3 provides that the utility may perform income verification.
  8  4    The bill amends Code section 476.66 to provide that
  8  5 customer contributions collected to assist low-income persons
  8  6 with heating bills should be credited to a single fund, the
  8  7 energy assistance fund, rather than the current customer
  8  8 contribution funds managed by each utility.  Utilities are
  8  9 still required to periodically notify customers of the
  8 10 availability of the energy assistance fund, and may be
  8 11 reimbursed for certain administrative costs.  The division of
  8 12 community action agencies, department of human rights, shall
  8 13 determine the distribution of the fund, which is created in
  8 14 Code section 216A.102 as amended.  The primary source of
  8 15 moneys for the energy assistance fund is customer
  8 16 contributions, but moneys may also be appropriated by the
  8 17 general assembly and be received from other sources.  The fund
  8 18 provides that interest earned on moneys in the fund remains in
  8 19 the fund, and moneys in the fund do not revert at the end of
  8 20 the fiscal year.  
  8 21 LSB 5559YH 79
  8 22 jj/sh/8
     

Text: HF02527                           Text: HF02529
Text: HF02500 - HF02599                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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