Senate File 301 - Introduced



                                       SENATE FILE       
                                       BY  HOGG, DANIELSON, and
                                           DOTZLER


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

                                      A BILL FOR

  1 An Act requiring the Iowa utilities board to establish rules
  2    applicable to merchant power plants providing for energy
  3    conservation, energy efficiency, renewable energy, and
  4    research and technology development requirements comparable to
  5    those applying to utilities regulated by the board, and
  6    providing effective and applicability dates.
  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  8 TLSB 2611XS 82
  9 rn/je/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  476.1E  APPLICABILITY OF
  1  2 AUTHORITY == MERCHANT POWER PLANTS.
  1  3    1.  For purposes of this section, "merchant power plant"
  1  4 means a power plant which generates electricity for sale in
  1  5 the open wholesale power market which is not subject to rate
  1  6 regulation pursuant to this chapter.
  1  7    2.  Unless otherwise specifically provided by statute, a
  1  8 merchant power plant furnishing electricity is not subject to
  1  9 regulation by the board under this chapter, except for
  1 10 regulatory action pertaining to:
  1 11    a.  Encouragement of alternate energy production
  1 12 facilities, as set forth in sections 476.41 through 476.45.
  1 13    b.  Assessment of fees for the support of the Iowa energy
  1 14 center created in section 266.39C and the center for global
  1 15 and regional environmental research created by the state board
  1 16 of regents.
  1 17    c.  Filing energy efficiency plans and energy efficiency
  1 18 results with the board, as set forth in section 476.6,
  1 19 subsection 16.
  1 20    d.  Filing alternate energy purchase program plans with the
  1 21 board, and offering such programs to customers, pursuant to
  1 22 section 476.47.
  1 23    3.  The board may waive all or part of the energy
  1 24 efficiency filing and review requirements for merchant power
  1 25 plants demonstrating superior results with existing energy
  1 26 efficiency efforts.
  1 27    4.  The board shall adopt rules prescribing regulatory
  1 28 standards and implementation procedures relating to
  1 29 application of the requirements set forth in subsection 2.
  1 30    Sec. 2.  EFFECTIVE DATE AND RETROACTIVE APPLICABILITY.
  1 31 This Act, being deemed of immediate importance, takes effect
  1 32 upon enactment and is retroactively applicable to merchant
  1 33 power plants constructed in this state on or after January 1,
  1 34 2007.
  1 35                           EXPLANATION
  2  1    This bill applies existing requirements relating to
  2  2 specified energy programs, requirements, and funds applicable
  2  3 to regulated utilities pursuant to Code chapter 476 to
  2  4 merchant power plants.  The bill defines a merchant power
  2  5 plant as a power plant which generates electricity for sale in
  2  6 the open wholesale power market and not subject to rate
  2  7 regulation.
  2  8    The bill provides that unless otherwise specifically
  2  9 provided by statute a merchant power plant furnishing
  2 10 electricity is not subject to regulation by the Iowa utilities
  2 11 board pursuant to Code chapter 476, except for specified
  2 12 provisions of that chapter.  The bill makes applicable to
  2 13 merchant power plants provisions relating to encouragement of
  2 14 alternate energy production facilities pursuant to Code
  2 15 sections 476.41 through 476.45, assessment of fees for the
  2 16 support of the Iowa energy center created in Code section
  2 17 266.39C and the center for global and regional environmental
  2 18 research created by the state board of regents, filing energy
  2 19 efficiency plans and energy efficiency results with the board
  2 20 pursuant to Code section 476.6, and filing alternate energy
  2 21 purchase program plans with the board and offering such
  2 22 programs to customers pursuant to Code section 476.47.
  2 23    The bill provides that the board may waive all or part of
  2 24 the energy efficiency filing and review requirements for
  2 25 merchant power plants demonstrating superior results with
  2 26 existing energy efficiency efforts, and that the board shall
  2 27 adopt rules prescribing regulatory standards and
  2 28 implementation procedures relating to application of the
  2 29 specified requirements.
  2 30    The bill takes effect upon enactment and is retroactively
  2 31 applicable to merchant power plants constructed in this state
  2 32 on or after January 1, 2007.
  2 33 LSB 2611XS 82
  2 34 rn:nh/je/5