S-5041

   Amend Senate File 2311 as follows:
   1.  Page 6, lines 9 and 10, by striking <as provided>
   2.  By striking page 6, line 24, through page 8, line 18, and inserting: 
   <(b)  A gas or electric utility customer, including a non-rate-regulated gas or electric utility customer, may request an exemption from participation in any energy efficiency plan or demand response plan offered by a gas or electric utility at any time during the course of a plan. Gas and electric utilities shall provide notice to customers of the ability to request an exemption from any energy efficiency plan or demand response plan offered by the utility no less than four times per year, in the customer’s billing statement and any other method selected by the utility to provide notice. Such notice provided to customers shall include the estimated costs to participate in an energy efficiency plan or demand response plan. Upon receipt of a request for exemption submitted by a customer, the gas or electric utility shall grant the exemption and, beginning January 1 of the following year, the customer shall no longer be assessed the costs of the plan and shall be prohibited from participating in any program included in such plan. An exemption shall be permanent and shall exempt the customer from any subsequent five-year plan offered by the gas or electric utility, provided, however, that a customer granted an exemption may request to enroll in a subsequent five-year energy efficiency plan or demand response plan at any time prior to the commencement of such plan. Gas and electric utilities shall provide notice to customers of the ability to request to enroll in a subsequent plan offered by the utility no less than four times per year, in the customer’s billing statement and any other method selected by the utility to provide notice. Upon receipt of a request to enroll in a subsequent energy efficiency plan or demand response plan, the gas or electric utility shall grant the enrollment and, beginning at the commencement of the subsequent plan, the customer shall be assessed the costs of the plan and shall be allowed to participate in any program included in such plan.
   (2)  Gas and electric utilities required to be rate-regulated under this chapter may request an energy efficiency plan or demand response plan modification during the course of a five-year plan. A modification may be requested due to changes in funding as a result of public utility customers requesting exemptions from the plan or for any other reason identified by the gas or electric utility. The board shall take action on a modification request made by a gas or electric utility within ninety days after the modification request is filed. If the board fails to take action within ninety days after a modification request is filed, the modification request shall be deemed approved.
   (3)  The board shall adopt rules pursuant to chapter 17A establishing reasonable processes and procedures for utility customers to request exemptions from energy efficiency plans or demand response plans pursuant to this paragraph.>
   3.  Page 8, lines 29 and 30, by striking <energy efficiency and demand response programs> and inserting <plans>
   4.  Page 9, line 2, by striking <a program> and inserting <a plan>
   5.  Page 9, line 7, by striking <program>
   6.  Page 10, by striking lines 14 through 25 and inserting <response plan that results in projected average annual costs that exceed one and one-half percent of the gas utility’s expected annual rate revenue from customers participating in such plans, and shall not require an electric utility to adopt an energy efficiency plan or demand response plan that results in projected average annual costs that exceed two percent of the electric utility’s expected annual rate revenue from customers participating in such plans. For purposes of determining the one and one-half or two percent threshold amount, the board shall exclude from a gas or electric utility’s expected annual rate revenue the revenues expected from customers that have received exemptions from energy efficiency plans or demand response plans pursuant to paragraph “a”, subparagraph (1), subparagraph division (b). A gas or electric utility may voluntarily propose an energy efficiency plan or demand response plan that results in projected average annual costs that exceed one and one-half percent of a gas utility’s expected annual rate revenue from customers participating in such plans, or two percent of an electric utility’s expected annual rate revenue from customers participating in such plans. The board may approve, reject, or modify the>
   7.  By striking page 10, line 33, through page 11, line 7, and inserting <currently approved energy efficiency plan or demand response plan includes projected average annual costs that exceed one and one-half percent of the gas utility’s expected annual rate revenue received from customers participating in such plan for service within the previous calendar year, exclusive of recovery of energy efficiency costs, or two percent of the electric utility’s expected annual rate revenue received from customers participating in such plan for service within the previous calendar year, exclusive of recovery of energy efficiency costs, the gas or electric utility may file a request to modify its approved energy efficiency plan or demand response plan to achieve projected average annual costs at one and one-half or less of the gas utility’s expected annual rate revenue from customers participating in such plan, or two percent or less of the electric utility’s expected annual rate revenue from customers participating in such plan. In such case, or whenever a request>
   8.  By striking page 11, line 31, through page 12, line 1, and inserting <defined in section 476.42. Customers that have been granted exemptions from energy efficiency plans or demand response plans pursuant to paragraph “a”, subparagraph (1), subparagraph division (b), shall not be charged for recovery of energy efficiency or demand response costs beginning January 1 of the year following the year in which the customer was granted the exemption.>

______________________________
MICHAEL BREITBACH