Senate
File
2182
-
Introduced
SENATE
FILE
2182
BY
KIBBIE
,
OLIVE
,
GRONSTAL
,
KETTERING
,
and
JOHNSON
A
BILL
FOR
An
Act
modifying
provisions
applicable
to
the
formation
and
1
operation
of
electric
power
agencies.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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S.F.
2182
Section
1.
Section
28F.1,
unnumbered
paragraphs
3
and
4,
1
Code
2009,
are
amended
by
striking
the
unnumbered
paragraphs.
2
Sec.
2.
Section
28F.2,
subsection
1,
Code
2009,
is
amended
3
to
read
as
follows:
4
1.
“Electric
power
agency”
means
an
entity
financing
or
5
acquiring
electric
power
facilities
pursuant
to
this
chapter
6
or
chapter
28E
or
476A
.
7
Sec.
3.
Section
390.1,
subsections
3
and
10,
Code
2009,
are
8
amended
to
read
as
follows:
9
3.
“City
utility”
has
the
same
meaning
provided
in
section
10
362.2,
subsection
6,
and
includes
a
“combined
utility
system”
,
11
as
defined
in
section
384.80,
which
operates
facilities
for
the
12
generation
or
transmission
of
electric
energy
and
an
electric
13
power
agency,
as
defined
in
section
476A.20
.
14
10.
“Participant”
means
a
city,
electric
15
co-operative
cooperative
or
privately
owned
utility
company
,
or
16
an
electric
power
agency,
as
defined
in
section
476A.20,
which
17
is
a
party
to
a
joint
agreement.
18
Sec.
4.
Section
476A.20,
subsections
1
and
2,
Code
2009,
are
19
amended
to
read
as
follows:
20
1.
“Electric
power
agency”
means
an
entity
as
defined
in
21
section
28F.2
financing
or
acquiring
electric
power
facilities
22
pursuant
to
this
subchapter
or
chapters
28E
or
28F
.
23
2.
“Facility”
,
“joint
facility”
,
“electric
power
facility”
,
24
or
“project”
means
an
electric
power
generating
plant,
or
25
transmission
line
or
system,
as
defined
in
section
476A.1
,
or
a
26
joint
facility,
as
defined
in
section
390.1,
subsection
7
.
27
Sec.
5.
Section
476A.20,
Code
2009,
is
amended
by
adding
the
28
following
new
subsection:
29
NEW
SUBSECTION
.
2A.
“Joint
agreement”
means
an
agreement
30
of
participants
in
connection
with
the
acquisition,
planning,
31
financing,
operation,
and
maintenance
of
a
joint
facility,
32
consisting
of
one
or
more
documents,
and
entitled
joint
33
agreement,
agreement,
contract,
or
otherwise.
34
Sec.
6.
Section
476A.21,
Code
2009,
is
amended
to
read
as
35
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S.F.
2182
follows:
1
476A.21
Electric
power
agency
——
general
authority.
2
1.
In
addition
to
other
powers
conferred
upon
an
electric
3
power
agency
by
chapter
28F
or
other
applicable
law,
an
4
electric
power
agency
may
enter
into
and
carry
out
joint
5
agreements
with
other
participants
for
the
acquisition
of
6
ownership
of
a
joint
facility
and
for
the
planning,
financing,
7
operation,
and
maintenance
of
the
joint
facility,
as
provided
8
in
this
subchapter.
9
2.
An
electric
power
agency
may
be
organized
as
a
nonprofit
10
corporation,
limited
liability
company,
or
as
a
separate
11
administrative
or
legal
entity
pursuant
to
chapter
28E.
When
12
the
electric
power
agency
is
comprised
solely
of
cities
or
13
solely
of
cities
and
other
political
subdivisions,
the
electric
14
power
agency
shall,
for
the
purposes
of
exercising
the
powers
15
conferred
in
this
subchapter,
be
a
political
subdivision
of
the
16
state
of
Iowa
with
the
name
under
which
it
was
organized.
17
EXPLANATION
18
This
bill
modifies
provisions
applicable
to
the
formation
19
and
operation
of
electric
power
agencies.
Such
agencies
are
20
authorized
pursuant
to
Code
chapters
28F
and
476A,
subchapter
21
II,
to
enter
into
joint
agreements
with
other
agencies
or
22
entities
for
the
financing,
acquisition,
and
operation
of
23
projects
for
the
generation
and
transmission
of
electric
24
energy.
25
The
bill
deletes
provisions
currently
contained
in
Code
26
chapter
28F
requiring
voter
approval
for
a
city
to
join
another
27
entity
to
finance
electric
power
facilities
and
prohibiting
28
submission
of
the
same
or
similar
proposal
to
the
voters
sooner
29
than
one
year
from
the
date
of
the
election
at
which
the
30
proposal
was
defeated.
31
The
bill
also
modifies
the
definition
of
“electric
power
32
agency”
in
Code
section
28F.2,
subsection
1,
to
eliminate
a
33
circular
reference
to
the
same
definition
in
Code
section
34
476A.20,
subsection
1,
and
adds
references
to
the
definition
of
35
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S.F.
2182
electric
power
agency
in
Code
section
476A.20,
subsection
1,
to
1
the
definitions
of
city
utility
and
participant
in
Code
section
2
390.1,
subsections
3
and
10,
with
regard
to
the
formation
and
3
operation
of
joint
electrical
utilities.
4
The
bill
expands
the
definition
of
“facility”
contained
in
5
Code
chapter
476A.20,
subsection
2,
to
also
refer
to
a
joint
6
facility,
electric
power
facility,
or
project,
and
to
include
7
a
joint
facility
as
defined
in
Code
section
390.1,
subsection
8
7.
That
definition
refers
to
all
property
necessary
or
useful
9
for
generating,
purchasing,
obtaining
by
exchange
or
otherwise
10
acquiring,
or
transmitting
electric
power
and
energy,
which
11
is
owned
and
operated
pursuant
to
a
joint
agreement.
The
12
bill
also
defines
“joint
agreement”
to
mean
an
agreement
of
13
participants
to
acquire,
plan,
finance,
operate,
and
maintain
14
a
joint
facility,
consisting
of
one
or
more
documents,
and
15
entitled
joint
agreement,
agreement,
contract,
or
otherwise.
16
Additionally,
the
bill
provides
that
an
electric
power
17
agency
may
be
organized
under
Code
chapter
476A
as
a
nonprofit
18
corporation,
limited
liability
company,
or
as
a
separate
19
administrative
or
legal
entity
pursuant
to
Code
chapter
28E.
20
When
the
electric
power
agency
is
comprised
solely
of
cities
21
or
solely
of
cities
and
other
political
subdivisions,
the
bill
22
specifies
that
the
electric
power
agency
shall
be
a
political
23
subdivision
of
the
state
of
Iowa
for
purposes
of
exercising
the
24
powers
conferred
in
Code
chapter
476A,
subchapter
II.
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