H-8268

   Amend Senate File 2311, as amended, passed, and reprinted by the Senate, as follows:
   1.  Page 6, line 7, by striking <(1) (a)>
   2.  By striking page 6, line 24, through page 9, line 5.
   3.  Page 10, by striking lines 9 through 16 and inserting <groupings.>
   4.  By striking page 11, line 2, through page 13, line 15, and inserting: 
   <e.  The board shall conduct contested case proceedings for review of energy efficiency plans, demand response plans, and budgets filed by gas and electric utilities required to be rate-regulated under this chapter. The board may approve, reject, or modify the plans and budgets. Notwithstanding the provisions of section 17A.19, subsection 5, in an application for judicial review of the board’s decision concerning a utility’s energy efficiency plan or budget, the reviewing court shall not order a stay. Whenever a request to modify an approved plan or budget is filed subsequently by the office of consumer advocate or a gas or electric utility required to be rate-regulated under this chapter, the board shall promptly initiate a formal proceeding if the board determines that any reasonable ground exists for investigating the request. The formal proceeding may be initiated at any time by the board on its own motion. Implementation of board-approved plans or budgets shall be considered continuous in nature and shall be subject to investigation at any time by the board or the office of the consumer advocate.
   f.  Notice to customers of a contested case proceeding for review of energy efficiency plans, demand response plans, and budgets shall be in a manner prescribed by the board.
   g.  (1)  A gas or electric utility required to be rate-regulated under this chapter may recover, through an automatic adjustment mechanism filed pursuant to subsection 8, over a period not to exceed the term of the plan, the costs of an energy efficiency plan or demand response plan approved by the board, including amounts for a plan approved prior to July 1, 1996, in a contested case proceeding conducted pursuant to paragraph “e”.  The board shall not allow a gas or electric utility to recover costs in excess of two percent of a customer’s total billing statement in recovering the costs of energy efficiency plans or demand response plans pursuant to this paragraph. The board shall also ensure that costs are recovered from all customers on a reasonably comparable basis, including customers who utilize alternate energy production facilities as defined in section 476.42.>

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COMMITTEE ON COMMERCE

COWNIE of Polk, Chairperson