House File 2047 - Introduced HOUSE FILE 2047 BY KAUFMANN A BILL FOR An Act specifying restrictions on the issuance of a certificate 1 of public convenience, use, and necessity for construction 2 of a nuclear generating facility. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5551YH (6) 85 rn/nh

H.F. 2047 Section 1. NEW SECTION . 476A.6A Nuclear generating 1 facilities —— voter approval. 2 1. In addition to any other requirements for issuance of 3 a certificate pursuant to this chapter, a certificate shall 4 not be issued for the construction of a nuclear generating 5 facility until the county electorate in each county within a 6 two hundred fifty mile radius of the proposed location for 7 the nuclear generating facility has approved construction of 8 the facility. Within thirty days following a public hearing 9 regarding the issuance of a certificate held pursuant to 10 section 476A.4, the board shall notify the board of supervisors 11 in each county located within the radius that an application to 12 construct a nuclear generating facility has been submitted and 13 that a hearing regarding the application has been conducted. 14 The board of supervisors in each county shall then direct 15 the commissioner of elections in the county to submit to the 16 registered voters in the county a proposition to approve or 17 disapprove the construction of a nuclear generating facility 18 at the proposed location for the facility. The proposition 19 shall be submitted at an election held on a date specified in 20 section 39.2, subsection 4, paragraph “a” . If sixty percent 21 of the voters in each county voting on the proposition favor 22 construction of such a facility, and all other applicable 23 requirements are met, a certificate shall be issued. If sixty 24 percent of the voters in each county voting on the proposition 25 do not favor construction, a certificate shall not be issued. 26 2. After a referendum has been held which defeated a 27 proposal to construct a nuclear generating facility as provided 28 in this section, another referendum on a proposal to construct 29 such a facility at a location within two hundred fifty miles 30 of the previously proposed location shall not be held for at 31 least eight years. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -1- LSB 5551YH (6) 85 rn/nh 1/ 2

H.F. 2047 This bill imposes restrictions on the issuance of a 1 certificate of public convenience, use, and necessity for 2 construction of a nuclear generating facility. 3 The bill provides that in addition to any other requirements 4 for issuance of a certificate pursuant to Code chapter 476A, 5 a certificate shall not be issued until the county electorate 6 in each county within a 250 mile radius of a proposed nuclear 7 generating facility has approved construction of the facility. 8 The bill requires the Iowa utilities board, within 30 days 9 following a public hearing regarding the submission of an 10 application for the construction of a nuclear generating 11 facility, to notify the board of supervisors in each county 12 located within the radius that an application has been 13 submitted and a hearing conducted. The board of supervisors 14 in each county shall then direct the commissioner of elections 15 in the county to submit to the registered voters in the county 16 a proposition to approve or disapprove the construction of a 17 nuclear generating facility at the proposed location for the 18 facility. The proposition shall be submitted at an election 19 held on a date specified in Code section 39.2, subsection 20 4, paragraph “a”. The bill provides that if 60 percent of 21 the voters in each county voting on the proposition favor 22 construction of such a facility, and all other applicable 23 requirements are met, a certificate shall be issued. If 60 24 percent of the voters in each county voting on the proposition 25 do not favor construction, the bill provides that a certificate 26 shall not be issued. 27 The bill provides that after a referendum has been held which 28 defeated a proposal to construct a nuclear generating facility, 29 another referendum on a proposal to construct such a facility 30 at a location within 250 miles of the previously proposed 31 location shall not be held for at least eight years. 32 -2- LSB 5551YH (6) 85 rn/nh 2/ 2