Senate File 2311 H-8431 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 5 by 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- H8340.5493 (2) 87 gh/rn 1/ 6 #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 6, line 23, by striking < (1) > 26 3. Page 7, by striking lines 5 through 11. 27 4. By striking page 7, line 16, through page 9, line 34, and 28 inserting: 29 < e. The board shall conduct contested case proceedings 30 for review of energy efficiency plans , demand response plans, 31 and budgets filed by gas and electric utilities required to 32 be rate-regulated under this chapter. The board may approve, 33 reject, or modify the plans and budgets. Notwithstanding the 34 provisions of section 17A.19, subsection 5, in an application 35 -2- H8340.5493 (2) 87 gh/rn 2/ 6 #2. #3. #4.

for judicial review of the board’s decision concerning a 1 utility’s energy efficiency plan or budget, the reviewing 2 court shall not order a stay. Whenever a request to modify an 3 approved plan or budget is filed subsequently by the office of 4 consumer advocate or a gas or electric utility required to be 5 rate-regulated under this chapter, the board shall promptly 6 initiate a formal proceeding if the board determines that any 7 reasonable ground exists for investigating the request. The 8 formal proceeding may be initiated at any time by the board 9 on its own motion. Implementation of board-approved plans or 10 budgets shall be considered continuous in nature and shall be 11 subject to investigation at any time by the board or the office 12 of the consumer advocate. 13 f. Notice to customers of a contested case proceeding for 14 review of energy efficiency plans , demand response plans, and 15 budgets shall be in a manner prescribed by the board. 16 g. (1) A gas or electric utility required to be 17 rate-regulated under this chapter may recover, through an 18 automatic adjustment mechanism filed pursuant to subsection 8, 19 over a period not to exceed the term of the plan, the costs of 20 an energy efficiency a plan approved by the board , including 21 amounts for a plan approved prior to July 1, 1996, in a 22 contested case proceeding conducted pursuant to paragraph “e” . 23 (2) The board shall not require any of the following: 24 (a) A gas utility to adopt an energy efficiency plan for 25 gas efficiency that results in projected average annual costs 26 that exceed six percent of the utility’s expected total Iowa 27 intrastate gross operating revenue from all sources. 28 (b) An electric utility to adopt an energy efficiency plan 29 for electric efficiency that results in projected average 30 annual costs that exceed four percent of the utility’s expected 31 total Iowa intrastate gross operating revenue from all sources. 32 (c) A combined gas and electric utility to adopt an energy 33 efficiency plan for electric efficiency that results in 34 projected average annual costs that exceed four percent of the 35 -3- H8340.5493 (2) 87 gh/rn 3/ 6

utility’s expected total gas and electric Iowa intrastate gross 1 operating revenue from all sources. 2 (d) A combined gas and electric utility to adopt an energy 3 efficiency plan for gas efficiency that results in projected 4 average annual costs that exceed two percent of the utility’s 5 expected total gas and electric Iowa intrastate gross operating 6 revenue from all sources. 7 (e) A utility to adopt a demand response plan that results 8 in projected average annual costs that exceed two percent of 9 the utility’s expected total Iowa intrastate gross operating 10 revenue from all sources. 11 (3) The board shall periodically conduct a contested case 12 proceeding to evaluate the reasonableness and prudence of the 13 utility’s implementation of an approved energy efficiency plan 14 and budget. If a utility is not taking all reasonable actions 15 to cost-effectively implement an approved energy efficiency 16 plan, the board shall not allow the utility to recover from 17 customers costs in excess of those costs that would be incurred 18 under reasonable and prudent implementation and shall not allow 19 the utility to recover future costs at a level other than what 20 the board determines to be reasonable and prudent. If the 21 result of a contested case proceeding is a judgment against a 22 utility, that utility’s future level of cost recovery shall be 23 reduced by the amount by which the programs were found to be 24 imprudently conducted. The utility shall not represent energy 25 efficiency in customer billings as a separate cost or expense 26 unless the board otherwise approves. 27 (4) It is the policy of the state of Iowa to ensure 28 transparency and access to information to all utility 29 customers. 30 (a) A utility shall disclose all of the following 31 information in a customer’s billing statement: 32 (i) The portions in each customer’s total billing statement 33 that are used to recover costs for each resource of generation 34 or capacity to meet the energy needs of retail customers and, 35 -4- H8340.5493 (2) 87 gh/rn 4/ 6

if applicable, the portion that the utility otherwise utilizes 1 for energy or capacity resources. Energy or capacity resources 2 include but are not limited to wind, solar, energy efficiency, 3 including lifetime cumulative savings, demand response, coal, 4 natural gas, coke, oil, nuclear, biomass, and hydropower. 5 (ii) The portions in each customer’s total billing 6 statement that are used to recover costs for transmission, 7 distribution, taxes, customer service, rate of return, and any 8 other expenses. 9 (iii) The information in subparagraph subdivisions (i) and 10 (ii) shall be, at a minimum, represented in a single pie chart 11 graphic. 12 (b) A utility shall, in an easily accessible location, 13 disclose all of the following information on the utility’s 14 internet site, and provide such information to the board for 15 inclusion on the board’s internet site: 16 (i) The net benefits from energy efficiency programs and 17 demand response programs. Net benefits include both the annual 18 net benefits from first-year savings in each of the most recent 19 five years and the cumulative lifetime net benefits for the 20 most recent year. 21 (ii) The portion of all customer energy and demand use that 22 is met with each type of utility resource, including energy 23 efficiency, demand response, wind, solar, coal, natural gas, 24 coke, oil, nuclear, biomass, hydropower, and any other sources. 25 (iii) If the utility generates energy or energy capacity 26 from resources not used to meet the needs of retail customers, 27 the utility shall separately represent the portions of total 28 generation and capacity from such resources. 29 (iv) A comparison of the information provided in a 30 customer’s total billing statement and on its internet site 31 with the state and national average costs, energy efficiency 32 net benefits, and amounts of generation and capacity provided 33 by each resource. > 34 -5- H8340.5493 (2) 87 gh/rn 5/ 6