House Study Bill 217 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON COWNIE) A BILL FOR An Act exempting persons or entities owning, controlling, 1 operating, or managing alternate energy production 2 facilities or combined heat and power systems under 3 specified circumstances from public utility regulations. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1619YC (1) 85 rn/nh

H.F. _____ Section 1. Section 476.1, subsection 5, Code 2013, is 1 amended to read as follows: 2 5. a. This chapter does not apply to waterworks having 3 less than two thousand customers, municipally owned waterworks, 4 joint water utilities established pursuant to chapter 389 , 5 rural water districts incorporated and organized pursuant 6 to chapters 357A and 504 , cooperative water associations 7 incorporated and organized pursuant to chapter 499 , or to 8 a person furnishing electricity to five or fewer customers 9 either by secondary line or from an alternate energy production 10 facility or small hydro facility, from electricity that is 11 produced primarily for the person’s own use. 12 b. This chapter additionally does not apply to a person or 13 entity who owns, controls, operates, or manages an alternate 14 energy production facility or combined heat and power system 15 that is located on a customer’s property and who provides or 16 sells the electricity or heat generated from the alternate 17 energy production facility or combined heat and power system 18 to a public utility or to the customer on whose property the 19 facility or system is located. For purposes of this paragraph, 20 a customer’s property shall include all contiguous property 21 owned or leased by the customer without regard to interruptions 22 in contiguity caused by easements, public thoroughfares, 23 transportation rights-of-way, or utility rights-of-way. 24 EXPLANATION 25 This bill provides that a person or entity who owns, 26 controls, operates, or manages an alternate energy production 27 facility or combined heat and power system located on a 28 customer’s property who provides or sells the electricity 29 or heat generated from the facility or system to a public 30 utility or to the customer is exempt from regulation as a 31 public utility under Code chapter 476. The bill provides that 32 a customer’s property shall include all contiguous property 33 owned or leased by the customer without regard to interruptions 34 in contiguity caused by easements, public thoroughfares, 35 -1- LSB 1619YC (1) 85 rn/nh 1/ 2