House
Amendment
to
Senate
File
2311
S-5256
Amend
Senate
File
2311,
as
amended,
passed,
and
reprinted
by
1
the
Senate,
as
follows:
2
1.
By
striking
everything
after
the
enacting
clause
and
3
inserting:
4
<
Section
1.
Section
28F.1,
subsection
1,
Code
2018,
is
5
amended
to
read
as
follows:
6
1.
This
chapter
provides
a
means
for
the
joint
financing
7
by
public
agencies
of
works
or
facilities
useful
and
necessary
8
for
the
collection,
treatment,
purification,
and
disposal
9
in
a
sanitary
manner
of
liquid
and
solid
waste,
sewage,
10
and
industrial
waste,
facilities
used
for
the
conversion
of
11
solid
waste
to
energy,
gasworks
and
facilities
useful
for
12
the
delivery
of
natural
gas
service,
and
also
electric
power
13
facilities
constructed
within
the
state
of
Iowa,
except
that
14
hydroelectric
power
facilities
may
also
be
located
in
the
15
waters
and
on
the
dams
of
or
on
land
adjacent
to
either
side
16
of
the
Mississippi
or
Missouri
river
bordering
the
state
of
17
Iowa,
water
supply
systems,
swimming
pools
or
golf
courses.
18
This
chapter
applies
to
the
acquisition,
construction,
19
reconstruction,
ownership,
operation,
repair,
extension,
20
or
improvement
of
such
works
or
facilities,
by
a
separate
21
administrative
or
legal
entity
created
pursuant
to
chapter
22
28E
or
chapter
389
.
When
the
legal
entity
created
under
23
this
chapter
is
comprised
solely
of
cities,
counties,
and
24
sanitary
districts
established
under
chapter
358
,
or
any
25
combination
thereof
or
any
combination
of
the
foregoing
with
26
other
public
agencies,
the
entity
shall
be
both
a
corporation
27
and
a
political
subdivision
with
the
name
under
which
it
was
28
organized.
The
legal
entity
may
sue
and
be
sued,
contract,
29
acquire
and
hold
real
and
personal
property
necessary
for
30
corporate
purposes,
adopt
a
corporate
seal
and
alter
the
seal
31
at
pleasure,
and
execute
all
the
powers
conferred
in
this
32
chapter
.
33
Sec.
2.
Section
28F.11,
Code
2018,
is
amended
to
read
as
34
follows:
35
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13
#1.
28F.11
Eminent
domain.
1
Any
public
agency
participating
in
an
agreement
authorizing
2
the
joint
exercise
of
governmental
powers
pursuant
to
this
3
chapter
may
exercise
its
power
of
eminent
domain
to
acquire
4
interests
in
property,
under
provisions
of
law
then
in
effect
5
and
applicable
to
the
public
agency,
for
the
use
of
the
entity
6
created
to
carry
out
the
agreement,
provided
that
the
power
of
7
eminent
domain
is
not
used
to
acquire
interests
in
property
8
which
is
part
of
a
system
of
facilities
in
existence,
under
9
construction,
or
planned,
for
the
generation,
transmission
10
or
sale
of
electric
power
,
or
for
the
transmission,
11
transportation,
or
sale
of
natural
gas
.
In
the
exercise
12
of
the
power
of
eminent
domain,
the
public
agency
shall
13
proceed
in
the
manner
provided
by
chapter
6B
.
Any
interests
14
in
property
acquired
are
acquired
for
a
public
purpose,
as
15
defined
in
chapter
6A
,
of
the
condemning
public
agency,
and
the
16
payment
of
the
costs
of
the
acquisition
may
be
made
pursuant
17
to
the
agreement
or
to
any
separate
agreement
between
the
18
public
agency
and
the
entity
or
the
other
public
agencies
19
participating
in
the
entity
or
any
of
them.
Upon
payment
of
20
costs,
any
property
acquired
is
the
property
of
the
entity.
21
Sec.
3.
Section
476.1,
subsection
7,
Code
2018,
is
amended
22
to
read
as
follows:
23
7.
The
jurisdiction
of
the
board
under
this
chapter
24
shall
include
efforts
designed
to
promote
the
use
of
energy
25
efficiency
strategies
by
rate
or
service-regulated
gas
and
26
electric
utilities
required
to
be
rate-regulated
.
27
Sec.
4.
Section
476.1A,
subsections
1,
2,
and
4,
Code
2018,
28
are
amended
to
read
as
follows:
29
1.
Electric
public
utilities
having
fewer
than
ten
30
thousand
customers
and
electric
cooperative
corporations
31
and
associations
are
not
subject
to
the
rate
regulation
32
authority
of
the
board
.
Such
utilities
are
subject
to
all
33
other
regulation
and
enforcement
activities
of
the
board,
34
including
,
except
for
regulatory
action
pertaining
to
all
of
35
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SF2311.5500.H
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87
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13
the
following
:
1
a.
Assessment
of
fees
for
the
support
of
the
division
and
2
the
office
of
consumer
advocate,
pursuant
to
section
476.10
.
3
b.
Safety
and
engineering
standards
for
equipment,
4
operations,
and
procedures.
5
c.
Assigned
area
of
service.
6
d.
Pilot
projects
of
the
board.
7
e.
Assessment
of
fees
for
the
support
of
the
Iowa
energy
8
center
created
in
section
15.120
and
the
center
for
global
and
9
regional
environmental
research
established
by
the
state
board
10
of
regents.
This
paragraph
“e”
is
repealed
July
1,
2022.
11
f.
Filing
alternate
energy
purchase
program
plans
with
the
12
board,
and
offering
such
programs
to
customers,
pursuant
to
13
section
476.47
.
14
g.
Filing
energy
efficiency
plans
and
energy
efficiency
15
results
with
the
board.
The
energy
efficiency
plans
as
a
16
whole
shall
be
cost-effective.
The
board
may
permit
these
17
utilities
to
file
joint
plans.
The
board
shall
periodically
18
report
the
energy
efficiency
results
including
energy
savings
19
of
each
of
these
utilities
to
the
general
assembly.
The
board
20
may
waive
all
or
part
of
the
energy
efficiency
filing
and
21
review
requirements
for
electric
cooperative
corporations
and
22
associations
and
electric
public
utilities
which
demonstrate
23
superior
results
with
existing
energy
efficiency
efforts.
24
2.
However,
sections
476.20
,
subsections
1
through
4,
25
476.21
,
476.41
through
476.44
,
476.51
,
476.56
,
476.62
,
and
26
476.66
and
chapters
476A
and
478
,
to
the
extent
applicable,
27
apply
to
such
electric
utilities.
28
4.
The
board
of
directors
or
the
membership
of
an
electric
29
cooperative
corporation
or
association
otherwise
exempt
30
from
rate
regulation
may
elect
to
have
the
cooperative’s
31
rates
regulated
by
the
board.
The
board
shall
adopt
rules
32
prescribing
the
manner
in
which
the
board
of
directors
or
the
33
membership
of
an
electric
cooperative
may
so
elect.
If
the
34
board
of
directors
or
the
membership
of
an
electric
cooperative
35
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3/
13
has
elected
to
have
the
cooperative’s
rates
regulated
by
the
1
board,
after
two
years
have
elapsed
from
the
effective
date
of
2
such
election
the
board
of
directors
or
the
membership
of
the
3
electric
cooperative
may
elect
to
exempt
the
cooperative
from
4
the
rate
regulation
authority
of
the
board
,
provided,
however,
5
that
if
the
membership
elected
to
have
the
cooperative’s
rates
6
regulated
by
the
board,
only
the
membership
may
elect
to
exempt
7
the
cooperative
from
the
rate
regulation
authority
of
the
8
board
.
9
Sec.
5.
Section
476.1B,
subsection
1,
paragraphs
f
and
l,
10
Code
2018,
are
amended
by
striking
the
paragraphs.
11
Sec.
6.
Section
476.2,
subsection
6,
Code
2018,
is
amended
12
by
striking
the
subsection.
13
Sec.
7.
Section
476.4,
subsection
1,
Code
2018,
is
amended
14
to
read
as
follows:
15
1.
Every
public
utility
shall
file
with
the
board
tariffs
16
showing
the
rates
and
charges
for
its
public
utility
services
17
and
the
rules
and
regulations
under
which
such
services
were
18
furnished,
on
April
1,
1963,
which
rates
and
charges
shall
be
19
subject
to
investigation
by
the
board
as
provided
in
section
20
476.3
,
and
upon
such
investigation
the
burden
of
establishing
21
the
reasonableness
of
such
rates
and
charges
shall
be
upon
the
22
public
utility
filing
the
same.
These
filings
shall
be
made
23
under
such
rules
as
the
board
may
prescribe
within
such
time
24
and
in
such
form
as
the
board
may
designate.
In
prescribing
25
rules
and
regulations
with
respect
to
the
form
of
tariffs
26
and
any
other
regulations
,
the
board
shall,
in
the
case
of
27
public
utilities
subject
to
regulation
by
any
federal
agency,
28
give
due
regard
to
any
corresponding
rules
and
regulations
of
29
such
federal
agency,
to
the
end
that
unnecessary
duplication
30
of
effort
and
expense
may
be
avoided
so
far
as
reasonably
31
possible.
Each
public
utility
shall
keep
copies
of
its
tariffs
32
open
to
public
inspection
under
such
rules
as
the
board
may
33
prescribe.
34
Sec.
8.
Section
476.6,
subsections
8
and
13,
Code
2018,
are
35
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13
amended
to
read
as
follows:
1
8.
Automatic
adjustments
permitted
.
2
a.
This
chapter
does
not
prohibit
a
public
utility
from
3
making
provision
for
the
automatic
adjustment
of
rates
and
4
charges
for
public
utility
service
provided
that
a
schedule
5
showing
the
automatic
adjustment
of
rates
and
charges
is
first
6
filed
with
and
approved
by
the
board.
7
b.
A
public
utility
may
automatically
adjust
rates
and
8
charges
to
recover
costs
related
to
transmission
incurred
by
9
or
charged
to
the
public
utility
consistent
with
a
tariff
10
or
agreement
that
is
subject
to
the
jurisdiction
of
the
11
federal
energy
regulatory
commission,
provided
that
a
schedule
12
showing
the
automatic
adjustment
of
rates
and
charges
is
first
13
filed
with
and
approved
by
the
board.
The
board
shall
adopt
14
rules
regarding
the
reporting
of
transmission
expenses
and
15
transmission-related
activity
pursuant
to
this
paragraph.
16
13.
Energy
efficiency
plans.
Electric
and
gas
public
17
utilities
shall
offer
energy
efficiency
programs
to
their
18
customers
through
energy
efficiency
plans.
An
energy
19
efficiency
plan
as
a
whole
shall
be
cost-effective.
In
20
determining
the
cost-effectiveness
of
an
energy
efficiency
21
plan,
the
board
shall
apply
the
societal
test,
total
resource
22
cost
test,
utility
cost
test,
rate-payer
impact
test,
and
23
participant
test.
Energy
efficiency
programs
for
qualified
24
low-income
persons
and
for
tree
planting
programs,
educational
25
programs,
and
assessments
of
consumers’
needs
for
information
26
to
make
effective
choices
regarding
energy
use
and
energy
27
efficiency
need
not
be
cost-effective
and
shall
not
be
28
considered
in
determining
cost-effectiveness
of
plans
as
a
29
whole.
The
energy
efficiency
programs
in
the
plans
may
be
30
provided
by
the
utility
or
by
a
contractor
or
agent
of
the
31
utility.
Programs
offered
pursuant
to
this
subsection
by
gas
32
and
electric
utilities
that
are
required
to
be
rate-regulated
33
shall
require
board
approval.
34
Sec.
9.
Section
476.6,
subsection
15,
paragraph
a,
Code
35
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87
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13
2018,
is
amended
to
read
as
follows:
1
a.
(1)
(a)
Gas
and
electric
Electric
utilities
required
2
to
be
rate-regulated
under
this
chapter
shall
file
five-year
3
energy
efficiency
plans
and
demand
response
plans
with
the
4
board.
Gas
utilities
required
to
be
rate-regulated
under
5
this
chapter
shall
file
five-year
energy
efficiency
plans
6
with
the
board.
An
energy
efficiency
plan
and
budget
or
a
7
demand
response
plan
and
budget
shall
include
a
range
of
energy
8
efficiency
or
demand
response
programs,
tailored
to
the
needs
9
of
all
customer
classes,
including
residential,
commercial,
10
and
industrial
customers,
for
energy
efficiency
opportunities.
11
The
plans
shall
include
programs
for
qualified
low-income
12
persons
including
a
cooperative
program
with
any
community
13
action
agency
within
the
utility’s
service
area
to
implement
14
countywide
or
communitywide
energy
efficiency
programs
for
15
qualified
low-income
persons.
Rate-regulated
gas
and
electric
16
utilities
shall
utilize
Iowa
agencies
and
Iowa
contractors
to
17
the
maximum
extent
cost-effective
in
their
energy
efficiency
18
plans
or
demand
response
plans
filed
with
the
board.
19
(b)
The
board
shall
allow
a
customer
of
an
electric
utility
20
that
is
required
to
be
rate-regulated
to
request
an
exemption
21
from
participation
in
any
five-year
energy
efficiency
plan
22
offered
by
an
electric
utility
if
the
energy
efficiency
plan
23
and
demand
response
plan,
at
the
time
of
approval
by
the
board,
24
have
a
cumulative
rate-payer
impact
test
result
of
less
than
25
one.
Upon
receipt
of
a
request
for
exemption
submitted
by
26
a
customer,
the
electric
utility
shall
grant
the
exemption
27
and,
beginning
January
1
of
the
following
year,
the
customer
28
shall
no
longer
be
assessed
the
costs
of
the
plan
and
shall
be
29
prohibited
from
participating
in
any
program
included
in
such
30
plan
until
the
exemption
no
longer
applies,
as
determined
by
31
the
board.
32
(2)
Gas
and
electric
utilities
required
to
be
33
rate-regulated
under
this
chapter
may
request
an
energy
34
efficiency
plan
or
demand
response
plan
modification
during
the
35
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13
course
of
a
five-year
plan.
A
modification
may
be
requested
1
due
to
changes
in
funding
as
a
result
of
public
utility
2
customers
requesting
exemptions
from
the
plan
or
for
any
other
3
reason
identified
by
the
gas
or
electric
utility.
The
board
4
shall
take
action
on
a
modification
request
made
by
a
gas
or
5
electric
utility
within
ninety
days
after
the
modification
6
request
is
filed.
If
the
board
fails
to
take
action
within
7
ninety
days
after
a
modification
request
is
filed,
the
8
modification
request
shall
be
deemed
approved.
9
(3)
The
board
shall
adopt
rules
pursuant
to
chapter
17A
10
establishing
reasonable
processes
and
procedures
for
utility
11
customers
from
any
customer
class
to
request
exemptions
12
from
energy
efficiency
plans
that
meet
the
requirements
of
13
subparagraph
(1),
subparagraph
division
(b).
The
rules
adopted
14
by
the
board
shall
only
apply
to
electric
utilities
that
are
15
required
to
be
rate-regulated.
16
Sec.
10.
Section
476.6,
subsection
15,
paragraphs
c
and
d,
17
Code
2018,
are
amended
by
striking
the
paragraphs.
18
Sec.
11.
Section
476.6,
subsection
15,
paragraphs
e,
f,
and
19
g,
Code
2018,
are
amended
to
read
as
follows:
20
e.
(1)
The
board
shall
conduct
contested
case
proceedings
21
for
review
of
energy
efficiency
plans
,
demand
response
plans,
22
and
budgets
filed
by
gas
and
electric
utilities
required
to
be
23
rate-regulated
under
this
chapter
.
24
(2)
Notwithstanding
the
goals
developed
pursuant
to
25
paragraph
“b”
,
the
board
shall
not
require
a
gas
utility
to
26
adopt
an
energy
efficiency
plan
that
results
in
projected
27
cumulative
average
annual
costs
that
exceed
one
and
one-half
28
percent
of
the
gas
utility’s
expected
annual
Iowa
retail
rate
29
revenue
from
retail
customers
in
the
state,
shall
not
require
30
an
electric
utility
to
adopt
an
energy
efficiency
plan
that
31
results
in
projected
cumulative
average
annual
costs
that
32
exceed
two
percent
of
the
electric
utility’s
expected
annual
33
Iowa
retail
rate
revenue
from
retail
customers
in
the
state,
34
and
shall
not
require
an
electric
utility
to
adopt
a
demand
35
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13
response
plan
that
results
in
projected
cumulative
average
1
annual
costs
that
exceed
two
percent
of
the
electric
utility’s
2
expected
annual
Iowa
retail
rate
revenue
from
retail
customers
3
in
the
state.
For
purposes
of
determining
the
two
percent
4
threshold
amount,
the
board
shall
exclude
from
an
electric
5
utility’s
expected
annual
Iowa
retail
rate
revenue
the
revenues
6
expected
from
customers
that
have
received
exemptions
from
7
energy
efficiency
plans
pursuant
to
paragraph
“a”
.
This
8
subparagraph
shall
apply
to
energy
efficiency
plans
and
demand
9
response
plans
that
are
effective
on
or
after
January
1,
2019.
10
(3)
The
board
may
approve,
reject,
or
modify
the
plans
and
11
budgets.
Notwithstanding
the
provisions
of
section
17A.19,
12
subsection
5
,
in
an
application
for
judicial
review
of
the
13
board’s
decision
concerning
a
utility’s
energy
efficiency
plan
14
or
budget,
the
reviewing
court
shall
not
order
a
stay.
15
(4)
The
board
shall
approve,
reject,
or
modify
a
plan
filed
16
pursuant
to
this
subsection
no
later
than
March
31,
2019.
If
17
the
board
fails
to
approve,
reject,
or
modify
a
plan
filed
by
a
18
gas
or
electric
utility
on
or
before
such
date,
any
plan
filed
19
by
the
gas
or
electric
utility
that
was
approved
by
the
board
20
prior
to
the
effective
date
of
this
Act
shall
be
terminated.
21
The
board
shall
not
require
a
gas
or
electric
utility
to
22
implement
an
energy
efficiency
plan
or
demand
response
plan
23
that
does
not
meet
the
requirements
of
this
subsection.
24
(5)
Whenever
a
request
to
modify
an
approved
plan
or
budget
25
is
filed
subsequently
by
the
office
of
consumer
advocate
or
a
26
gas
or
electric
utility
required
to
be
rate-regulated
under
27
this
chapter
,
the
board
shall
promptly
initiate
a
formal
28
proceeding
if
the
board
determines
that
any
reasonable
ground
29
exists
for
investigating
the
request.
The
formal
proceeding
30
may
be
initiated
at
any
time
by
the
board
on
its
own
motion.
31
Implementation
of
board-approved
plans
or
budgets
shall
32
be
considered
continuous
in
nature
and
shall
be
subject
to
33
investigation
at
any
time
by
the
board
or
the
office
of
the
34
consumer
advocate.
35
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f.
Notice
to
customers
of
a
contested
case
proceeding
for
1
review
of
energy
efficiency
plans
,
demand
response
plans,
and
2
budgets
shall
be
in
a
manner
prescribed
by
the
board.
3
g.
(1)
A
gas
or
electric
utility
required
to
be
4
rate-regulated
under
this
chapter
may
recover,
through
an
5
automatic
adjustment
mechanism
filed
pursuant
to
subsection
8
,
6
over
a
period
not
to
exceed
the
term
of
the
plan,
the
costs
of
7
an
energy
efficiency
plan
or
demand
response
plan
approved
by
8
the
board
,
including
amounts
for
a
plan
approved
prior
to
July
9
1,
1996,
in
a
contested
case
proceeding
conducted
pursuant
to
10
paragraph
“e”
.
Customers
that
have
been
granted
exemptions
from
11
energy
efficiency
plans
pursuant
to
paragraph
“a”
,
shall
not
12
be
charged
for
recovery
of
energy
efficiency
costs
beginning
13
January
1
of
the
year
following
the
year
in
which
the
customer
14
was
granted
the
exemption.
15
(2)
The
board
shall
periodically
conduct
a
contested
case
16
proceeding
to
evaluate
the
reasonableness
and
prudence
of
the
17
utility’s
implementation
of
an
approved
energy
efficiency
18
or
demand
response
plan
and
budget.
If
a
utility
is
not
19
taking
all
reasonable
actions
to
cost-effectively
implement
20
an
approved
energy
efficiency
plan,
the
board
shall
not
allow
21
the
utility
to
recover
from
customers
costs
in
excess
of
those
22
costs
that
would
be
incurred
under
reasonable
and
prudent
23
implementation
and
shall
not
allow
the
utility
to
recover
24
future
costs
at
a
level
other
than
what
the
board
determines
25
to
be
reasonable
and
prudent.
If
the
result
of
a
contested
26
case
proceeding
is
a
judgment
against
a
utility,
that
utility’s
27
future
level
of
cost
recovery
shall
be
reduced
by
the
amount
28
by
which
the
programs
were
found
to
be
imprudently
conducted.
29
The
Beginning
January
1,
2019,
a
gas
or
electric
utility
30
shall
not
represent
energy
efficiency
and
demand
response
in
31
customer
billings
as
a
separate
cost
or
expense
unless
the
32
board
otherwise
approves
.
33
Sec.
12.
Section
476.6,
subsection
17,
Code
2018,
is
amended
34
by
striking
the
subsection.
35
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13
Sec.
13.
Section
476.6,
Code
2018,
is
amended
by
adding
the
1
following
new
subsection:
2
NEW
SUBSECTION
.
22.
Preapproval
of
cost
recovery
for
natural
3
gas
extensions
——
rules.
The
board
may
adopt
rules
which
4
provide
for
a
preapproval
process
for
cost
recovery
for
natural
5
gas
extensions.
6
Sec.
14.
Section
476.6,
Code
2018,
is
amended
by
adding
the
7
following
new
subsection:
8
NEW
SUBSECTION
.
23.
Federal
tax
reduction
——
customer
9
benefits.
Customers
of
gas
and
electric
utilities
subject
to
10
rate
regulation
by
the
board
shall
receive
the
full
benefits
11
of
the
utilities’
reduced
federal
corporate
income
taxes
as
12
provided
in
the
federal
Tax
Cuts
and
Jobs
Act
of
2017,
Pub.
13
L.
No.
115-97,
131
Stat.
2054.
Notwithstanding
any
other
14
provision
of
law
or
rule
to
the
contrary,
the
board
shall,
15
no
later
than
June
1,
2018,
approve
any
proposal
filed
by
a
16
rate-regulated
gas
or
electric
utility
to
pass
such
benefits
17
on
to
customers.
The
board
may
approve
rates
with
provision
18
for
adjustments
to
ensure
that
the
rates
are
accurate
and
that
19
customers
receive
the
full
benefits.
20
Sec.
15.
Section
476.20,
subsection
5,
paragraph
a,
21
unnumbered
paragraph
1,
Code
2018,
is
amended
to
read
as
22
follows:
23
The
board
shall
establish
rules
which
shall
be
uniform
with
24
respect
to
all
public
utilities
furnishing
gas
or
electricity
25
relating
to
deposits
which
may
be
required
by
the
public
26
utility
for
the
initiation
or
reinstatement
of
service.
This
27
subsection
shall
not
apply
to
municipally
owned
utilities,
28
which
shall
be
governed
by
the
provisions
of
section
384.84
29
with
respect
to
deposits
and
payment
plans
for
delinquent
30
amounts
owed.
Municipally
owned
utilities
and
electric
31
utilities
that
are
not
required
to
be
rate-regulated
shall
not
32
be
subject
to
the
board’s
rules
in
regards
to
deposits
and
33
payment
plans
for
delinquent
amounts
owed
and
repayment
of
past
34
due
debt.
Municipally
owned
utilities
and
electric
utilities
35
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13
that
are
not
required
to
be
rate-regulated
shall
be
subject
to
1
the
board’s
rules
in
regards
to
payment
plans
made
prior
to
the
2
disconnection
of
services.
3
Sec.
16.
Section
476.21,
Code
2018,
is
amended
to
read
as
4
follows:
5
476.21
Discrimination
prohibited.
6
A
municipality,
corporation
or
cooperative
association
7
providing
electrical
or
gas
service
shall
not
consider
the
8
use
of
renewable
energy
sources
by
a
customer
as
a
basis
for
9
establishing
discriminatory
rates
or
charges
for
any
service
10
or
commodity
sold
to
the
customer
or
discontinue
services
or
11
subject
the
customer
to
any
other
prejudice
or
disadvantage
12
based
on
the
customer’s
use
or
intended
use
of
renewable
energy
13
sources.
As
used
in
this
section
,
“renewable
energy
sources”
14
includes
but
is
not
limited
to
solar
heating,
wind
power
and
15
the
conversion
of
urban
and
agricultural
organic
wastes
into
16
methane
gas
and
liquid
fuels.
17
Sec.
17.
Section
476.33,
subsection
4,
Code
2018,
is
amended
18
to
read
as
follows:
19
4.
The
board
shall
adopt
rules
that
require
the
board,
in
20
rate
regulatory
proceedings
under
sections
476.3
and
476.6
,
to
21
utilize
either
a
historic
test
year
or
a
future
test
year
at
22
the
rate-regulated
public
utility’s
discretion.
23
a.
For
a
rate
regulatory
proceeding
utilizing
a
historic
24
test
year,
the
rules
shall
require
the
board
to
consider
the
25
use
of
the
most
current
test
period
possible
in
determining
26
reasonable
and
just
rates,
subject
only
to
the
availability
of
27
existing
and
verifiable
data
respecting
costs
and
revenues,
and
28
in
addition,
to
consider
verifiable
data
that
exists
within
29
nine
months
after
the
conclusion
of
the
test
year,
respecting
30
known
and
measurable
changes
in
costs
not
associated
with
a
31
different
level
of
revenue,
and
known
and
measurable
revenues
32
not
associated
with
a
different
level
of
costs,
that
are
to
33
occur
at
any
time
within
twelve
months
after
the
date
of
34
commencement
of
the
proceedings.
Parties
proposing
adjustments
35
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13
that
are
not
verifiable
at
the
commencement
of
the
proceedings
1
shall
include
projected
data
related
to
the
adjustments
in
2
their
initial
substantive
filing
with
the
board.
For
purposes
3
of
this
subsection
paragraph
,
a
proceeding
commences
under
4
section
476.6
upon
the
filing
date
of
new
or
changed
rates,
5
charges,
schedules,
or
regulations.
This
subsection
does
not
6
limit
the
authority
of
the
board
to
consider
other
evidence
in
7
proceedings
under
sections
476.3
and
476.6
.
8
b.
For
a
rate
regulatory
proceeding
utilizing
a
future
test
9
year,
the
rules
shall
require
the
board
to
consider
the
use
10
of
any
twelve-month
period
beginning
no
later
than
the
date
11
on
which
a
proposed
rate
change
is
expected
to
take
effect
12
in
determining
just
and
reasonable
rates.
The
rules
shall
13
also
require
the
board
to
conduct
a
proceeding
subsequent
to
14
the
effective
date
of
a
rate
resulting
from
a
rate
regulatory
15
proceeding
utilizing
a
future
test
year
to
determine
whether
16
the
actual
costs
and
revenues
are
reasonably
consistent
with
17
those
approved
by
the
board.
If
the
actual
costs
and
revenues
18
are
not
reasonably
consistent
with
those
approved
by
the
19
board,
the
board
shall
adjust
the
rates
accordingly.
For
a
20
rate
regulatory
proceeding
utilizing
a
future
test
year,
the
21
board
may
adopt
rules
regarding
evidence
required,
information
22
to
support
forecasts,
and
any
reporting
obligations.
The
23
board
may
also
adopt
rules
regarding
the
conditions
under
24
which
a
public
utility
that
utilizes
a
future
test
year
may
25
subsequently
utilize
a
historic
test
year.
A
public
utility
26
shall
not
be
precluded
from
filing
a
rate
regulatory
proceeding
27
utilizing
a
future
test
year
prior
to
the
adoption
of
any
rules
28
pursuant
to
this
subsection.
29
c.
This
subsection
does
not
limit
the
authority
of
the
board
30
to
consider
other
evidence
in
proceedings
under
sections
476.3
31
and
476.6.
32
Sec.
18.
Section
476.53,
subsection
3,
paragraph
a,
33
subparagraph
(1),
subparagraph
division
(a),
Code
2018,
is
34
amended
by
adding
the
following
new
subparagraph
subdivision:
35
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NEW
SUBPARAGRAPH
SUBDIVISION
.
(v)
Repowering
of
an
1
alternate
energy
production
facility.
For
purposes
of
this
2
subparagraph
subdivision,
“repowering”
shall
mean
either
the
3
complete
dismantling
and
replacement
of
generation
equipment
at
4
an
existing
project
site,
or
the
installation
of
new
parts
and
5
equipment
to
an
existing
alternate
energy
production
facility
6
in
order
to
increase
energy
production,
reduce
load,
increase
7
service
capacity,
improve
project
reliability,
or
extend
the
8
useful
life
of
the
facility.
9
Sec.
19.
STUDY
OF
ELECTRIC
VEHICLE
INFRASTRUCTURE
10
SUPPORT.
The
economic
development
authority,
in
collaboration
11
with
the
department
of
transportation
and
the
Iowa
utility
12
industry,
shall
conduct
a
study
of
electric
vehicle
13
infrastructure
support
for
both
commercial
and
noncommercial
14
vehicles
and
make
recommendations
to
the
general
assembly
15
regarding
electric
vehicle
charging
infrastructure.
The
study
16
shall
evaluate
the
relative
costs
and
benefits
associated
with
17
various
options
for
electric
vehicle
infrastructure
support.
18
The
economic
development
authority
shall
submit
a
report
to
the
19
general
assembly
containing
the
results
of
the
study
no
later
20
than
June
30,
2019.
21
Sec.
20.
EFFECTIVE
DATE.
The
following,
being
deemed
of
22
immediate
importance,
takes
effect
upon
enactment:
23
1.
The
section
of
this
Act
amending
section
476.6,
24
subsection
15,
paragraphs
“e”,
“f”,
and
“g”.
25
2.
The
section
of
this
Act
enacting
section
476.6,
26
subsection
23.
>
27
2.
Title
page,
line
2,
by
striking
<
utilities
>
and
28
inserting
<
utilities,
providing
for
a
study
of
electric
29
vehicle
infrastructure
support,
and
including
effective
date
30
provisions
>
31
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