Text: S03672                            Text: S03674
Text: S03600 - S03699                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index



Senate Amendment 3673

Amendment Text

PAG LIN
  1  1    Amend House File 577, as amended, passed, and
  1  2 reprinted by the House, as follows:
  1  3    #1.  Page 1, lines 24 and 25, by striking the words
  1  4 "or for the lease of,".
  1  5    #2.  Page 1, lines 26 and 27, by striking the words
  1  6 "or nameplate capacity of the facility leased".
  1  7    #3.  Page 2, line 8, by inserting after the word
  1  8 "generation." the following:  "The rate-regulated
  1  9 public utility shall also demonstrate to the board
  1 10 that it has considered other sources for long-term
  1 11 electric supply, and that the power purchase contract
  1 12 is reasonable when compared to other feasible
  1 13 alternative sources of supply including the building
  1 14 of utility-owned generation.  The board may condition
  1 15 its approval upon the utility and the successful
  1 16 bidder agreeing to contract modifications identified
  1 17 by the board."
  1 18    #4.  Page 2, by inserting after line 21 the
  1 19 following:
  1 20    "Sec.    .  Section 476.6, Code 2001, is amended by
  1 21 adding the following new subsection:
  1 22    NEW SUBSECTION.  16B.  ELECTRIC POWER GENERATING
  1 23 FACILITY EMISSIONS.
  1 24    a.  It is the intent of the general assembly that
  1 25 the state, through a collaborative effort involving
  1 26 state agencies and affected generation owners, provide
  1 27 for compatible statewide environmental and electric
  1 28 energy policies with respect to regulated emissions
  1 29 from rate-regulated electric power generating
  1 30 facilities in the state that are fueled by coal.  Each
  1 31 rate-regulated public utility that is an owner of one
  1 32 or more electric power generating facilities fueled by
  1 33 coal and located in this state on June 1, 2001, shall
  1 34 develop a multiyear plan and budget for managing
  1 35 regulated emissions from its facilities in a cost-
  1 36 effective manner.
  1 37    (1)  The initial multiyear plan and budget shall be
  1 38 filed with the board by April 1, 2002.  Updates to the
  1 39 plan and budget shall be filed at least every twenty-
  1 40 four months.
  1 41    (2)  Copies of the initial plan and budget, as well
  1 42 as any subsequent updates, shall be served on the
  1 43 environmental protection division of the department of
  1 44 natural resources.
  1 45    (3)  The initial multiyear plan and budget and any
  1 46 subsequent updates shall be considered in a contested
  1 47 case proceeding pursuant to chapter 17A.  The
  1 48 environmental protection division of the department of
  1 49 natural resources and the consumer advocate shall
  1 50 participate as parties to the proceeding.
  2  1    (4)  The department of natural resources shall
  2  2 state whether the plan or update meets applicable
  2  3 state environmental requirements for regulated
  2  4 emissions.  If the plan does not meet these
  2  5 requirements, the department shall recommend
  2  6 amendments that outline actions necessary to bring the
  2  7 plan or update into compliance with the environmental
  2  8 requirements.
  2  9    b.  The board shall not approve a plan or update
  2 10 that does not meet applicable state environmental
  2 11 requirements and ambient air quality standards for
  2 12 regulated emissions from electric power generating
  2 13 facilities located in the state.
  2 14    c.  The board shall review the plan or update and
  2 15 the associated budget, and shall approve the plan or
  2 16 update and the associated budget if the plan or update
  2 17 and the associated budget are reasonably expected to
  2 18 achieve cost effective compliance with applicable
  2 19 state environmental requirements and federal ambient
  2 20 air quality standards.  In reaching its decision, the
  2 21 board shall consider whether the plan or update and
  2 22 the associated budget reasonably balance costs,
  2 23 environmental requirements, economic development
  2 24 potential, and the reliability of the electric
  2 25 generation and transmission system.
  2 26    d.  The board shall issue an order approving or
  2 27 rejecting a plan, update, or budget within one hundred
  2 28 eighty days after the public utility's filing is
  2 29 deemed complete; however, upon good cause shown, the
  2 30 board may extend the time for issuing the order as
  2 31 follows:
  2 32    (1)  The board may grant an extension of thirty
  2 33 days.
  2 34    (2)  The board may grant more than one extension,
  2 35 but each extension must rely upon a separate showing
  2 36 of good cause.
  2 37    (3)  A subsequent extension must not be granted any
  2 38 earlier than five days prior to the expiration of the
  2 39 original one-hundred-eighty-day period, or the current
  2 40 extension.
  2 41    e.  The reasonable costs incurred by a rate-
  2 42 regulated public utility in preparing and filing the
  2 43 plan, update, or budget and in participating in the
  2 44 proceedings before the board and the reasonable costs
  2 45 associated with implementing the plan, update, or
  2 46 budget shall be included in its regulated retail
  2 47 rates.
  2 48    f.  It is the intent of the general assembly that
  2 49 the board, in an environmental plan, update, or
  2 50 associated budget filed under this section by a rate-
  3  1 regulated public utility, may limit investments or
  3  2 expenditures that are proposed to be undertaken prior
  3  3 to the time that the environmental benefit to be
  3  4 produced by the investment or expenditure would be
  3  5 required by state or federal law."
  3  6    #5.  By striking page 2, line 35, through page 3,
  3  7 line 34.
  3  8    #6.  Page 4, by striking lines 1 and 2 and
  3  9 inserting the following:  "application pursuant to
  3 10 section 476A.3 to construct in Iowa a baseload
  3 11 electric power generating facility with a nameplate
  3 12 generating capacity equal to or greater than three
  3 13 hundred megawatts or a combined-cycle electric power
  3 14 generating facility, or an alternate energy production
  3 15 facility as defined in section 476.42, or if a rate-
  3 16 regulated public utility leases or owns in Iowa, in
  3 17 whole or in part, a new baseload electric power
  3 18 generating facility with a nameplate generating
  3 19 capacity equal to or greater than three hundred
  3 20 megawatts or a combined-cycle electric power
  3 21 generating facility, or a new alternate energy
  3 22 production facility as defined in section 476.42 the
  3 23 board shall specify in".
  3 24    #7.  Page 4, by inserting after line 8 the
  3 25 following:
  3 26    "   .  In determining the applicable ratemaking
  3 27 principles, the board shall make the following
  3 28 findings:
  3 29    (1)  The rate-regulated public utility has
  3 30 demonstrated to the board that the proposed ratemaking
  3 31 principles are necessary for the commitment of capital
  3 32 to the new facility.
  3 33    (2)  The rate-regulated public utility has in
  3 34 effect cost-effective load management and curtailment
  3 35 programs designed to reduce peak loads.
  3 36    (3)  The rate-regulated public utility has in
  3 37 effect a board-approved energy efficiency plan as
  3 38 required under section 476.6, subsection 19.
  3 39    (4)  The rate-regulated public utility has
  3 40 demonstrated to the board that the public utility has
  3 41 considered other sources for long-term electric supply
  3 42 and that the facility or lease is reasonable when
  3 43 compared to other feasible alternative sources of
  3 44 supply.  The rate-regulated public utility may satisfy
  3 45 the requirements of this subparagraph through a
  3 46 competitive bidding process, under rules adopted by
  3 47 the board, that demonstrate the facility or lease is a
  3 48 reasonable alternative to meet its electric supply
  3 49 needs."
  3 50    #8.  Page 4, line 15, by inserting after the word
  4  1 "construction" the following:  "or lease".
  4  2    #9.  Page 4, line 18, by inserting after the word
  4  3 "construction" the following:  "or lease".
  4  4    #10.  By renumbering, relettering, redesignating,
  4  5 and correcting internal references as necessary.  
  4  6 
  4  7 
  4  8                               
  4  9 COMMITTEE ON COMMERCE
  4 10 JoANN JOHNSON, CHAIRPERSON 
  4 11 HF 577.743 79
  4 12 jj/cls
     

Text: S03672                            Text: S03674
Text: S03600 - S03699                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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