House Study Bill 242 



                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED OFFICE OF
                                            ENERGY INDEPENDENCE BILL)


    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 specifying an
  2    electricity distributed renewable generation standard.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1300DP 83
  5 rn/rj/14

PAG LIN



  1  1    Section 1.  Section 476.42, Code 2009, is amended to read
  1  2 as follows:
  1  3    476.42  DEFINITIONS.
  1  4    As used in this division, unless the context otherwise
  1  5 requires:
  1  6    1.  "Alternate energy production facility" means any or all
  1  7 of the following:
  1  8    a.  A solar, wind turbine, waste management, resource
  1  9 recovery, refuse=derived fuel, agricultural crops or residues,
  1 10 or woodburning facility of up to five hundred kilowatts of
  1 11 nameplate generating capacity which is engaged in distributed
  1 12 renewable generation.
  1 13    b.  Land, systems, buildings, or improvements that are
  1 14 located at the project site and are necessary or convenient to
  1 15 the construction, completion, or operation of the facility.
  1 16    c.  Transmission or distribution facilities necessary to
  1 17 conduct the energy produced by the facility to users located
  1 18 at or near the project site.
  1 19    A facility which is a qualifying facility under 18 C.F.R.
  1 20 part 292, subpart B is not precluded from being an alternate
  1 21 energy production facility under this division.
  1 22    2.  "Distributed renewable generation" means electric
  1 23 generation sited at a customer premises providing electric
  1 24 energy to the customer load on that site, or providing
  1 25 wholesale capacity and energy to an electric utility for use
  1 26 by multiple customers in contiguous distribution substation
  1 27 service areas.
  1 28    2.  3.  "Electric utility" means a public utility that
  1 29 furnishes electricity to the public for compensation.
  1 30    3.  4.  "Next generating plant" means an electric utility's
  1 31 assumed next coal=fired base load electric generating plant,
  1 32 whether planned or not, based on current technology and
  1 33 undiscounted current cost.
  1 34    4.  5.  "Small hydro facility" means any or all of the
  1 35 following:
  2  1    a.  A hydroelectric facility at a dam which is engaged in
  2  2 distributed renewable generation.
  2  3    b.  Land, systems, buildings, or improvements that are
  2  4 located at the project site and are necessary or convenient to
  2  5 the construction, completion, or operation of the facility.
  2  6    c.  Transmission or distribution facilities necessary to
  2  7 conduct the energy produced by the facility to users located
  2  8 at or near the project site.
  2  9    A facility which is a qualifying facility under 18 C.F.R.
  2 10 part 292, subpart B is not precluded from being a small hydro
  2 11 facility under this division.
  2 12    Sec. 2.  Section 476.44, subsection 2, Code 2009, is
  2 13 amended to read as follows:
  2 14    2.  a.  An electric utility subject to this division,
  2 15 except a utility that elects rate regulation pursuant to
  2 16 section 476.1A, shall not be required to own or purchase, at
  2 17 any one time, more than its share of one hundred five
  2 18 megawatts of power from alternative energy production
  2 19 facilities or small hydro facilities at the rates established
  2 20 pursuant to section 476.43.  The board shall allocate the one
  2 21 hundred five megawatts based upon each utility's percentage of
  2 22 the total Iowa retail peak demand, for the year beginning
  2 23 January 1, 1990, of all utilities subject to this section.  If
  2 24 a utility undergoes reorganization as defined in section
  2 25 476.76, the board shall combine the allocated purchases of
  2 26 power for each utility involved in the reorganization.
  2 27    b.  Notwithstanding the one hundred five megawatt maximum,
  2 28 the board may increase the amount of power that a utility is
  2 29 required to own or purchase at the rates established pursuant
  2 30 to section 476.43 if the board finds that a utility, including
  2 31 a reorganized utility, exceeds its 1990 Iowa retail peak
  2 32 demand by twenty percent and the additional power the utility
  2 33 is required to purchase will encourage the development of
  2 34 alternate energy production facilities and small hydro
  2 35 facilities.  The increase shall not exceed the utility's
  3  1 increase in peak demand multiplied by the ratio of the
  3  2 utility's share of the one hundred five megawatt maximum to
  3  3 its 1990 Iowa retail peak demand.  An electric utility shall
  3  4 produce or purchase at least the following percentages of its
  3  5 total annual Iowa retail electric sales from alternate energy
  3  6 production facilities or small hydro facilities engaged in
  3  7 distributed renewable generation, as follows:
  3  8    a.  One=tenth of one percent by 2011.
  3  9    b.  Twenty=five hundredths of one percent by 2013.
  3 10    c.  Four=tenths of one percent by 2014.
  3 11    d.  Sixty=five hundredths of one percent by 2015.
  3 12    e.  Eight=tenths of one percent by 2016.
  3 13    f.  One percent by 2016 and each year thereafter.
  3 14                           EXPLANATION
  3 15    This bill relates to alternate and renewable energy
  3 16 production.
  3 17    The bill adds to the current definitions of an "alternate
  3 18 energy production facility" and a "small hydro facility" in
  3 19 Code section 476.42 that such a facility shall not exceed a
  3 20 maximum nameplate generating capacity of 500 kilowatts in
  3 21 distributed renewable generation.  The bill defines
  3 22 "distributed renewable generation" as electric generation
  3 23 sited at a customer premises providing electric energy to the
  3 24 customer load on that site, or providing wholesale capacity
  3 25 and energy to an electric utility for use by multiple
  3 26 customers in contiguous distribution substation service areas.
  3 27    The bill requires electric utilities to produce or purchase
  3 28 increasing, specified percentages of their total annual Iowa
  3 29 retail electric sales from alternate energy production
  3 30 facilities or small hydro facilities engaged in distributed
  3 31 renewable generation, by specified dates.  The maximum
  3 32 percentage shall be one percent on and after 2016.
  3 33 LSB 1300DP 83
  3 34 rn/rj/14.1