Senate File 2311 H-8421 Amend the amendment, H-8340, to Senate File 2311, as 1 amended, passed, and reprinted by the Senate, as follows: 2 1. By striking page 1, line 1, through page 2, line 21, and 3 inserting: 4 Amend Senate File 2311, as amended, passed, and reprinted by 5 the Senate, as follows: 6 < 1. By striking everything after the enacting clause and 7 inserting: 8 < Section 1. Section 28F.1, subsection 1, Code 2018, is 9 amended to read as follows: 10 1. This chapter provides a means for the joint financing 11 by public agencies of works or facilities useful and necessary 12 for the collection, treatment, purification, and disposal 13 in a sanitary manner of liquid and solid waste, sewage, 14 and industrial waste, facilities used for the conversion of 15 solid waste to energy, gasworks and facilities useful for 16 the delivery of natural gas service, and also electric power 17 facilities constructed within the state of Iowa, except that 18 hydroelectric power facilities may also be located in the 19 waters and on the dams of or on land adjacent to either side 20 of the Mississippi or Missouri river bordering the state of 21 Iowa, water supply systems, swimming pools or golf courses. 22 This chapter applies to the acquisition, construction, 23 reconstruction, ownership, operation, repair, extension, 24 or improvement of such works or facilities, by a separate 25 administrative or legal entity created pursuant to chapter 26 28E or chapter 389 . When the legal entity created under 27 this chapter is comprised solely of cities, counties, and 28 sanitary districts established under chapter 358 , or any 29 combination thereof or any combination of the foregoing with 30 other public agencies, the entity shall be both a corporation 31 and a political subdivision with the name under which it was 32 organized. The legal entity may sue and be sued, contract, 33 acquire and hold real and personal property necessary for 34 corporate purposes, adopt a corporate seal and alter the seal 35 -1- H8340.5489 (3) 87 gh/rn 1/ 3 #1.

at pleasure, and execute all the powers conferred in this 1 chapter . 2 Sec. 2. Section 28F.11, Code 2018, is amended to read as 3 follows: 4 28F.11 Eminent domain. 5 Any public agency participating in an agreement authorizing 6 the joint exercise of governmental powers pursuant to this 7 chapter may exercise its power of eminent domain to acquire 8 interests in property, under provisions of law then in effect 9 and applicable to the public agency, for the use of the entity 10 created to carry out the agreement, provided that the power of 11 eminent domain is not used to acquire interests in property 12 which is part of a system of facilities in existence, under 13 construction, or planned, for the generation, transmission 14 or sale of electric power , or for the transmission, 15 transportation, or sale of natural gas . In the exercise 16 of the power of eminent domain, the public agency shall 17 proceed in the manner provided by chapter 6B . Any interests 18 in property acquired are acquired for a public purpose, as 19 defined in chapter 6A , of the condemning public agency, and the 20 payment of the costs of the acquisition may be made pursuant 21 to the agreement or to any separate agreement between the 22 public agency and the entity or the other public agencies 23 participating in the entity or any of them. Upon payment of 24 costs, any property acquired is the property of the entity. >> 25 2. Page 4, line 35, by striking < subsections 8 and 13, Code 26 2018, are > and inserting < subsection 8, Code 2018, is > 27 3. Page 5, by striking lines 17 through 34 and inserting: 28 < Sec. ___. Section 476.6, subsection 13, Code 2018, is 29 amended by striking the subsection. > 30 4. By striking page 7, line 14, through page 9, line 34, and 31 inserting: 32 < Sec. ___. Section 476.6, subsection 15, paragraph g, Code 33 2018, is amended to read as follows: 34 g. (1) A gas or electric utility required to be 35 -2- H8340.5489 (3) 87 gh/rn 2/ 3 #2. #3. #4.

rate-regulated under this chapter may recover, through an 1 automatic adjustment mechanism filed pursuant to subsection 8 , 2 over a period not to exceed the term of the plan, the costs of 3 an energy efficiency plan or demand response plan approved by 4 the board , including amounts for a plan approved prior to July 5 1, 1996, in a contested case proceeding conducted pursuant to 6 paragraph “e” . The board shall allow a gas or electric utility 7 to provide in an energy efficiency plan or demand response 8 plan for a return of and return on investments exceeding an 9 amount established by the board for the utility’s current and 10 previously approved plan that is up to nine percent of revenue, 11 to the extent that such investments are cost-effective, 12 including the return allowed by the board. The board shall 13 periodically conduct a contested case proceeding to evaluate 14 the reasonableness and prudence of the utility’s implementation 15 of an approved energy efficiency plan and budget. If a utility 16 is not taking all reasonable actions to cost-effectively 17 implement an approved energy efficiency plan, the board shall 18 not allow the utility to recover from customers costs in 19 excess of those costs that would be incurred under reasonable 20 and prudent implementation and shall not allow the utility 21 to recover future costs at a level other than what the board 22 determines to be reasonable and prudent. If the result of a 23 contested case proceeding is a judgment against a utility, that 24 utility’s future level of cost recovery shall be reduced by 25 the amount by which the programs were found to be imprudently 26 conducted. The utility shall not represent energy efficiency 27 in customer billings as a separate cost or expense unless the 28 board otherwise approves. > 29 5. By striking page 9, line 35, through page 10, line 1. 30 6. By renumbering as necessary. 31 ______________________________ ISENHART of Dubuque -3- H8340.5489 (3) 87 gh/rn 3/ 3 #5. #6.