Senate File 2070 - Introduced



                                       SENATE FILE       
                                       BY  HOGG


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to renewable energy production by establishing an
  2    electricity renewable energy standard, and making specified
  3    tax credits applicable.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5148XS 82
  6 rn/rj/5

PAG LIN



  1  1    Section 1.  Section 476.44, subsection 2, Code 2007, is
  1  2 amended to read as follows:
  1  3    2.  An electric utility subject to this division, except a
  1  4 utility that elects rate regulation pursuant to section
  1  5 476.1A, shall not be required to own or purchase, at any one
  1  6 time, more than its share of one hundred five megawatts of
  1  7 power from alternative energy production facilities or small
  1  8 hydro facilities at the rates established pursuant to section
  1  9 476.43.  The board shall allocate the one hundred five
  1 10 megawatts based upon each utility's percentage of the total
  1 11 Iowa retail peak demand, for the year beginning January 1,
  1 12 1990, of all utilities subject to this section.  If a utility
  1 13 undergoes reorganization as defined in section 476.76, the
  1 14 board shall combine the allocated purchases of power for each
  1 15 utility involved in the reorganization.
  1 16    Notwithstanding the one hundred five megawatt maximum, the
  1 17 board may increase the amount of power that a utility is
  1 18 required to own or purchase at the rates established pursuant
  1 19 to section 476.43 if the board finds that a utility, including
  1 20 a reorganized utility, exceeds its 1990 Iowa retail peak
  1 21 demand by twenty percent and the additional power the utility
  1 22 is required to purchase will encourage the development of
  1 23 alternate energy production facilities and small hydro
  1 24 facilities.  The increase shall not exceed the utility's
  1 25 increase in peak demand multiplied by the ratio of the
  1 26 utility's share of the one hundred five megawatt maximum to
  1 27 its 1990 Iowa retail peak demand.
  1 28    a.  An electric utility shall produce or purchase at least
  1 29 the following percentages of its total annual Iowa retail
  1 30 electric sales from alternate energy production facilities or
  1 31 small hydro facilities:
  1 32    (1)  By December 31, 2014, fourteen percent.
  1 33    (2)  By December 31, 2020, twenty percent.
  1 34    (3)  By December 31, 2025, twenty=five percent.
  1 35    b.  Amounts produced or purchased in excess of the required
  2  1 percentages in paragraph "a" may be sold or exchanged between
  2  2 electric utilities for purposes of satisfying the
  2  3 requirements, subject to procedures as determined by the board
  2  4 by rule.
  2  5    c.  Of the total amounts of electricity to be produced or
  2  6 purchased from alternate energy production facilities or small
  2  7 hydro facilities required by paragraph "a", designated amounts
  2  8 of electricity shall be derived from specified alternative and
  2  9 renewable energy sources, as follows:
  2 10    (1)  Three hundred fifty megawatts shall be produced or
  2 11 purchased from community=owned renewable energy projects,
  2 12 pursuant to definition and criteria to be determined by the
  2 13 board by rule, by 2014.  The amount required to be produced or
  2 14 purchased from community=owned renewable energy projects shall
  2 15 increase to five hundred megawatts by 2020, and to six hundred
  2 16 twenty=five megawatts by 2025, and be maintained each year
  2 17 thereafter.
  2 18    (2)  Eighty megawatts shall be produced or purchased from a
  2 19 sustainable, closed=loop biomass conversion facility, as
  2 20 defined in section 476C.1, by 2014, and maintained each year
  2 21 thereafter.
  2 22    (3)  Twenty megawatts shall be produced or purchased from a
  2 23 methane gas recovery facility, as defined in section 476C.1,
  2 24 by 2014, and maintained each year thereafter.
  2 25    (4)  Five megawatts shall be produced or purchased from a
  2 26 solar energy conversion facility, as defined in section
  2 27 476C.1, by 2014, and maintained each year thereafter.  An
  2 28 electric utility which maintains a solar energy utilization
  2 29 project with which the electric utility is involved on July 1,
  2 30 2008, may allocate megawatts derived therefrom in satisfying
  2 31 this requirement.
  2 32    d.  Projects originated or utilized for the purpose of
  2 33 meeting the requirements of paragraph "c", subparagraphs (2)
  2 34 through (4), shall be eligible for the renewable energy tax
  2 35 credit pursuant to chapter 476C, and the maximum capacity
  3  1 restrictions of section 476C.3, subsection 4, shall not be
  3  2 applicable to a facility determined to be eligible pursuant to
  3  3 that section and supplying electricity produced or purchased
  3  4 by a utility in satisfaction of the alternative and renewable
  3  5 energy percentage purchase requirements of this section.
  3  6    Sec. 2.  Section 476C.3, subsection 4, Code 2007, is
  3  7 amended to read as follows:
  3  8    4.  a.  The maximum amount of nameplate generating capacity
  3  9 of all wind energy conversion facilities the board may find
  3 10 eligible under this chapter shall not exceed one hundred
  3 11 eighty megawatts of nameplate generating capacity.  The
  3 12 maximum amount of energy production capacity equivalent of all
  3 13 other facilities the board may find eligible under this
  3 14 chapter shall not exceed a combined output of twenty megawatts
  3 15 of nameplate generating capacity and one hundred sixty=seven
  3 16 billion British thermal units of heat for a commercial
  3 17 purpose.  Of the maximum amount of energy production capacity
  3 18 equivalent of all other facilities found eligible under this
  3 19 chapter, fifty=five billion British thermal units of heat for
  3 20 a commercial purpose shall be reserved for an eligible
  3 21 facility that is a refuse conversion facility for processed,
  3 22 engineered fuel from a multicounty solid waste management
  3 23 planning area.  The maximum amount of energy production
  3 24 capacity the board may find eligible for a single refuse
  3 25 conversion facility is fifty=five billion British thermal
  3 26 units of heat for a commercial purpose.
  3 27    b.  The maximum amount of energy production capacity
  3 28 limitations specified in paragraph "a" shall not be applicable
  3 29 to an eligible facility supplying electricity produced or
  3 30 purchased in satisfaction of the alternative and renewable
  3 31 energy percentage purchase requirements contained in section
  3 32 476.44, subsection 2.
  3 33                           EXPLANATION
  3 34    This bill relates to alternative and renewable energy
  3 35 production.
  4  1    The bill requires electric utilities to produce or purchase
  4  2 increasing percentages of their total annual Iowa retail
  4  3 electric sales from alternative energy production facilities
  4  4 or small hydro facilities, as defined in Code section 476.42,
  4  5 by specified dates, and provides that amounts produced or
  4  6 purchased in excess of the percentage requirements may be sold
  4  7 or exchanged between utilities pursuant to procedures
  4  8 determined by the Iowa utilities board by rule.
  4  9    The bill provides that out of the production or purchase
  4 10 requirements, designated amounts of electricity shall be
  4 11 derived from specified sources of alternative and renewable
  4 12 energy sources.  Specifically, 350 megawatts are required to
  4 13 be produced or purchased from community=owned renewable energy
  4 14 projects, pursuant to a definition of such projects and
  4 15 criteria relating to them as determined by the board by rule,
  4 16 by 2014, and increased to 500 megawatts by 2020 and 625
  4 17 megawatts by 2025 and maintained each year thereafter.
  4 18 Additionally, 80 megawatts must be produced or purchased from
  4 19 a sustainable, closed=loop biomass conversion facility by 2014
  4 20 and maintained each year thereafter; 20 megawatts must be
  4 21 produced or purchased from a methane gas recovery facility by
  4 22 2014 and maintained each year thereafter; and 5 megawatts must
  4 23 be produced or purchased from a solar energy conversion
  4 24 facility and maintained each year thereafter.  The bill
  4 25 references Code section 476C relating to alternative and
  4 26 renewable energy tax credits regarding a definition of biomass
  4 27 conversion facility, methane gas recovery facility, and solar
  4 28 energy conversion facility, and provides with reference to
  4 29 solar energy that utilities which maintain current solar
  4 30 energy utilization projects may allocate megawatts derived
  4 31 from them in satisfying the 5 megawatt requirement.
  4 32    The bill provides that biomass, methane, or solar projects
  4 33 which are originated or utilized to meet the percentage and
  4 34 megawatt requirements shall be eligible for the renewable
  4 35 energy tax credits pursuant to Code chapter 476C without
  5  1 application of statutory maximum capacity restrictions.
  5  2 LSB 5148XS 82
  5  3 rn/rj/5.1