Senate File 2311 S-5041 Amend Senate File 2311 as follows: 1 1. Page 6, lines 9 and 10, by striking < as provided > 2 2. By striking page 6, line 24, through page 8, line 18, and 3 inserting: 4 < (b) A gas or electric utility customer, including 5 a non-rate-regulated gas or electric utility customer, 6 may request an exemption from participation in any energy 7 efficiency plan or demand response plan offered by a gas or 8 electric utility at any time during the course of a plan. Gas 9 and electric utilities shall provide notice to customers of 10 the ability to request an exemption from any energy efficiency 11 plan or demand response plan offered by the utility no less 12 than four times per year, in the customer’s billing statement 13 and any other method selected by the utility to provide 14 notice. Such notice provided to customers shall include the 15 estimated costs to participate in an energy efficiency plan or 16 demand response plan. Upon receipt of a request for exemption 17 submitted by a customer, the gas or electric utility shall 18 grant the exemption and, beginning January 1 of the following 19 year, the customer shall no longer be assessed the costs of the 20 plan and shall be prohibited from participating in any program 21 included in such plan. An exemption shall be permanent and 22 shall exempt the customer from any subsequent five-year plan 23 offered by the gas or electric utility, provided, however, that 24 a customer granted an exemption may request to enroll in a 25 subsequent five-year energy efficiency plan or demand response 26 plan at any time prior to the commencement of such plan. Gas 27 and electric utilities shall provide notice to customers of the 28 ability to request to enroll in a subsequent plan offered by 29 the utility no less than four times per year, in the customer’s 30 billing statement and any other method selected by the utility 31 to provide notice. Upon receipt of a request to enroll in 32 a subsequent energy efficiency plan or demand response plan, 33 the gas or electric utility shall grant the enrollment and, 34 beginning at the commencement of the subsequent plan, the 35 -1- SF2311.3995 (1) 87 gh/rn 1/ 4 #1. #2.

customer shall be assessed the costs of the plan and shall be 1 allowed to participate in any program included in such plan. 2 (2) Gas and electric utilities required to be 3 rate-regulated under this chapter may request an energy 4 efficiency plan or demand response plan modification during the 5 course of a five-year plan. A modification may be requested 6 due to changes in funding as a result of public utility 7 customers requesting exemptions from the plan or for any other 8 reason identified by the gas or electric utility. The board 9 shall take action on a modification request made by a gas or 10 electric utility within ninety days after the modification 11 request is filed. If the board fails to take action within 12 ninety days after a modification request is filed, the 13 modification request shall be deemed approved. 14 (3) The board shall adopt rules pursuant to chapter 17A 15 establishing reasonable processes and procedures for utility 16 customers to request exemptions from energy efficiency plans or 17 demand response plans pursuant to this paragraph. > 18 3. Page 8, lines 29 and 30, by striking < energy efficiency 19 and demand response programs > and inserting < plans > 20 4. Page 9, line 2, by striking < a program > and inserting < a 21 plan > 22 5. Page 9, line 7, by striking < program > 23 6. Page 10, by striking lines 14 through 25 and inserting 24 < response plan that results in projected average annual costs 25 that exceed one and one-half percent of the gas utility’s 26 expected annual rate revenue from customers participating 27 in such plans, and shall not require an electric utility 28 to adopt an energy efficiency plan or demand response plan 29 that results in projected average annual costs that exceed 30 two percent of the electric utility’s expected annual rate 31 revenue from customers participating in such plans. For 32 purposes of determining the one and one-half or two percent 33 threshold amount, the board shall exclude from a gas or 34 electric utility’s expected annual rate revenue the revenues 35 -2- SF2311.3995 (1) 87 gh/rn 2/ 4 #3. #4. #5.

expected from customers that have received exemptions from 1 energy efficiency plans or demand response plans pursuant 2 to paragraph “a” , subparagraph (1), subparagraph division 3 (b). A gas or electric utility may voluntarily propose an 4 energy efficiency plan or demand response plan that results in 5 projected average annual costs that exceed one and one-half 6 percent of a gas utility’s expected annual rate revenue from 7 customers participating in such plans, or two percent of an 8 electric utility’s expected annual rate revenue from customers 9 participating in such plans. The board may approve, reject, 10 or modify the > 11 7. By striking page 10, line 33, through page 11, line 12 7, and inserting < currently approved energy efficiency 13 plan or demand response plan includes projected average 14 annual costs that exceed one and one-half percent of the gas 15 utility’s expected annual rate revenue received from customers 16 participating in such plan for service within the previous 17 calendar year, exclusive of recovery of energy efficiency 18 costs, or two percent of the electric utility’s expected 19 annual rate revenue received from customers participating 20 in such plan for service within the previous calendar year, 21 exclusive of recovery of energy efficiency costs, the gas or 22 electric utility may file a request to modify its approved 23 energy efficiency plan or demand response plan to achieve 24 projected average annual costs at one and one-half or less of 25 the gas utility’s expected annual rate revenue from customers 26 participating in such plan, or two percent or less of the 27 electric utility’s expected annual rate revenue from customers 28 participating in such plan. In such case, or whenever a 29 request > 30 8. By striking page 11, line 31, through page 12, line 1, 31 and inserting < defined in section 476.42. Customers that have 32 been granted exemptions from energy efficiency plans or demand 33 response plans pursuant to paragraph “a” , subparagraph (1), 34 subparagraph division (b), shall not be charged for recovery of 35 -3- SF2311.3995 (1) 87 gh/rn 3/ 4 #7.

energy efficiency or demand response costs beginning January 1 1 of the year following the year in which the customer was 2 granted the exemption. > 3 ______________________________ MICHAEL BREITBACH -4- SF2311.3995 (1) 87 gh/rn 4/ 4