House Study Bill 73 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON LUNDGREN) A BILL FOR An Act relating to electric power generating facility emission 1 plans and projects, and including effective date and 2 applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1381YC (1) 90 es/rn

H.F. _____ Section 1. Section 476.6, subsection 19, paragraph a, Code 1 2023, is amended to read as follows: 2 a. It is the intent of the general assembly that the state, 3 through a collaborative effort involving state agencies and 4 affected generation owners, provide for compatible statewide 5 environmental and electric energy policies with respect 6 to regulated emissions from rate-regulated electric power 7 generating facilities in the state that are fueled by coal. 8 Each rate-regulated public utility that is an owner of one 9 or more electric power generating facilities fueled by coal 10 and located in this state on July 1, 2001, shall may develop 11 a multiyear plan and budget or update an existing plan and 12 budget for managing regulated emissions from its facilities 13 in a reasonably cost-effective manner as provided in this 14 subsection . 15 (1) The initial multiyear plan and budget shall be filed 16 with the board by April 1, 2002. Updates to the plan and 17 budget shall be filed at least every twenty-four months. A 18 rate-regulated public utility in this state that is an owner 19 of one or more electric power generating facilities fueled by 20 coal may, in its sole discretion, file an update to a multiyear 21 plan. The update may seek advanced review and approval of 22 cost recovery for pollution and emissions control projects 23 useful for managing the environmental regulatory requirements 24 for pollutants or other emissions from such facilities in a 25 reasonably cost-effective manner. 26 (2) Copies of the initial plan and budget, as well as 27 any subsequent updates, shall be served on the department of 28 natural resources. 29 (3) The initial multiyear plan and budget and any subsequent 30 updates shall be considered The board shall consider the plan 31 or update in a contested case proceeding pursuant to chapter 32 17A . The department of natural resources and the consumer 33 advocate shall participate as parties to the proceeding. 34 (3) A rate-regulated public utility electing to seek 35 -1- LSB 1381YC (1) 90 es/rn 1/ 3

H.F. _____ advanced review of an emissions control project shall submit 1 an application for advanced review before the anticipated 2 start of construction or installation of the project. If an 3 electric power generating facility is owned by two or more 4 rate-regulated public utilities, the operator of the electric 5 power generating facility may file the application on behalf of 6 all rate-regulated public utility owners. 7 (4) The department of natural resources shall state whether 8 the plan or update meets applicable state environmental 9 requirements for regulated emissions. If the plan or update 10 does not meet these requirements, the department shall 11 recommend amendments that outline actions necessary to bring 12 the plan or update into compliance with the environmental 13 requirements. 14 Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate 15 importance, takes effect upon enactment. 16 Sec. 3. APPLICABILITY. This Act applies to electric power 17 generating facility emission plans or updates filed on or after 18 the effective date of this Act. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill relates to electric power generating facility 23 emission plans, updates, and budgets. 24 The bill allows electric power generating facilities 25 fueled by coal and located in Iowa to develop a reasonably 26 cost-effective multiyear plan and budget or update an existing 27 plan and budget for managing emissions. Current law requires 28 electric power generating facilities fueled by coal and located 29 in Iowa on July 1, 2001, to develop a cost-effective multiyear 30 plan and budget for managing emissions. 31 The bill removes provisions requiring plans and budgets to 32 be filed with the utilities board by April 1, 2002, and updates 33 filed at least every 24 months thereafter. The bill provides 34 that an electric power generating facility located in the state 35 -2- LSB 1381YC (1) 90 es/rn 2/ 3

H.F. _____ has the discretion to file an update to a multiyear plan. 1 Additionally, the plan may seek advanced review and approval 2 for pollution and emission-related projects. 3 The bill provides that an application for advanced review 4 shall be submitted by a rate-regulated public utility before 5 the anticipated start of a pollution and emission-related 6 project. An operator of an electric power generating facility 7 that is owned by two or more regulated public utilities may 8 file an application on behalf of all of the rate-regulated 9 public utility owners. 10 The bill takes effect upon enactment. 11 The bill applies to electric power generating facility 12 emissions plans or updates filed on or after the effective date 13 of the bill. 14 -3- LSB 1381YC (1) 90 es/rn 3/ 3