H.F. 2668 Section 1. Section 476.53, subsection 2, Code 2026, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . c. Customer-owned generation and storage 3 is vital to cost-effectively meeting rising demand for 4 electricity. Virtual power plants are a collection of 5 customer-owned distributed generation resources and energy 6 storage devices managed and dispatched by a common control 7 mechanism, which may only be located in the service territory 8 of a rate-regulated electric utility. Virtual power plants 9 shall not be considered public utilities under this chapter. 10 The commission shall promulgate rules that provide a process 11 and standards for the commission’s approval and oversight of 12 virtual power plants, including information the commission 13 finds necessary for the evaluation of a virtual power plant 14 proposal. Such information shall include the nature of the 15 resources that may participate in a virtual power plant, 16 the entities who may propose virtual power plants, and the 17 estimated benefits to customers in the service territory in 18 which the virtual power plant will operate. The commission 19 shall not approve or continue to allow the operation of a 20 virtual power plant if the virtual power plant does not, under 21 standards established by the commission, benefit the customers 22 in the service territory in which the virtual power plant 23 operates. 24 Sec. 2. NEW SECTION . 476.53B Integrated resource planning. 25 1. To implement the intent of the general assembly as set 26 forth in sections 476.53 and 476.53A, each rate-regulated 27 public utility shall file with the commission an integrated 28 resource plan every five years, with the first plan due 29 July 1, 2028. The commission shall promulgate rules for the 30 development and evaluation of integrated resource plans. At a 31 minimum, the rules shall include all of the following: 32 a. A process under which a utility files a new plan every 33 five years that includes a five-year and a twenty-year planning 34 horizon. 35 -1- LSB 6666HV (2) 91 sb/js 1/ 5

H.F. 2668 b. A quantitative comparative analysis of multiple resource 1 mixes to serve anticipated customer needs using industry best 2 practices, including capacity expansion and production cost 3 modeling that include all of the following for both planning 4 horizons: 5 (1) Existing and potential generating resources needed to 6 serve customers, including competitively procured purchase 7 power agreements and market purchase. 8 (2) The process for determining the forecast projects, 9 costs, and other inputs and assumptions to be used in an 10 integrated resource plan by all parties. It is the intent of 11 the general assembly that the utilities use uniform scenarios, 12 inputs, assumptions, and sources of data. 13 (3) An assessment of customer costs and seasonal 14 reliability. 15 (4) Resources including energy efficiency, demand response, 16 peak load conservation, and distributed generation plans, 17 as described elsewhere in this chapter, that will assist in 18 meeting energy and capacity needs. 19 (5) A utility’s energy and capacity forecasts, for existing 20 and potential generating resources, as described elsewhere 21 in this chapter, including filings made with any federal or 22 regional authority. The forecast shall include but is not 23 limited to a forecast of the requirements of customers, its 24 anticipated sources of supply, and its anticipated means of 25 addressing the forecasted electric generating needs. 26 (6) Transmission and distribution upgrades and expansion 27 plans needed to reliably serve the utility’s customers and 28 integrate each potential resource, and the associated costs 29 of such plans in connection with the various resource mixes 30 proposed. 31 c. Determination of eligibility for access to modeling 32 software and data, including access to appropriate data from 33 the utilities’ production cost model scenarios. The commission 34 may determine the number of parties eligible for access to the 35 -2- LSB 6666HV (2) 91 sb/js 2/ 5

H.F. 2668 modeling software. 1 d. The ability of parties eligible for access to the 2 modeling software license to have at least four alternative 3 scenarios and a process to best balance and represent the input 4 of the respective parties. The alternative scenarios will be 5 included on equal footing with utility scenarios. 6 e. Annual reporting on the performance of the plan and any 7 nonmaterial updates. 8 f. Mechanisms for the utility to make, or for the 9 commission, the office of consumer advocate, or customers 10 to request, updates or modifications to the plan to reflect 11 material changes. 12 g. Other rules for the development and evaluation of 13 integrated resource plans the commission deems necessary or 14 appropriate. 15 2. The commission shall ensure the public has maximum 16 access to information, while protecting only the necessary 17 confidential information of the utility. The commission shall 18 require a uniform nondisclosure agreement that allows as much 19 access as possible to data and information, including that data 20 deemed by the commission as confidential. 21 3. Any proposed deviation from an integrated resource plan 22 must be demonstrated by the utility to be in the best interest 23 of customers when rate recovery or other approval of the 24 generation facility is sought. 25 4. The commission may employ additional temporary staff, or 26 may contract for professional services with persons who are not 27 state employees, as the commission deems necessary to perform 28 required functions as provided in this section, including but 29 not limited to promulgating rules for the development and 30 evaluation of resource plans. The costs of the additional 31 staff and services shall be assessed to the utilities pursuant 32 to the procedure in sections 475A.6 and 476.10. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -3- LSB 6666HV (2) 91 sb/js 3/ 5

H.F. 2668 the explanation’s substance by the members of the general assembly. 1 This bill relates to the regulation of public utilities, 2 including customer-owned resources, virtual power plants, and 3 integrated resource planning. 4 The bill recognizes that customer-owned generation and 5 storage is vital to cost-effectively meeting rising demand 6 for electricity. The bill describes virtual power plants 7 as collections of customer-owned distributed generation and 8 energy storage resources managed by a common control mechanism 9 within a utility’s service territory. The bill provides that 10 virtual power plants are not public utilities and requires 11 the commission to adopt rules establishing standards and 12 processes for approval and oversight. The bill prohibits the 13 commission from approving or allowing continued operation of a 14 virtual power plant if the virtual power plant does not benefit 15 customers in the service territory. 16 The bill requires each rate-regulated public utility to 17 file an integrated resource plan every five years, with the 18 first plan due July 1, 2028. The bill directs the commission 19 to adopt rules governing the development and evaluation of 20 integrated resource plans. The plans must include 5-year 21 and 20-year planning horizons and a quantitative comparative 22 analysis of multiple resource mixes to serve anticipated 23 customer needs using industry best practices. The rules 24 adopted by the commission must also address a determination 25 of eligibility for access to modeling software and data, 26 including the ability for eligible parties to have alternative 27 scenarios and a process to best balance and represent the 28 input of the respective parties. The bill provides the rules 29 adopted must also include requirements for annual reporting on 30 plan performance, as well as mechanisms for plan updates or 31 modifications in response to material changes and any other 32 rule for the development and evaluation of integrated resource 33 plans the commission deems necessary or appropriate. 34 The bill directs the commission to maximize public access 35 -4- LSB 6666HV (2) 91 sb/js 4/ 5

H.F. 2668 to information while protecting only necessary confidential 1 information through uniform disclosure agreements. The bill 2 requires any deviation from an integrated resource plan to be 3 demonstrated to be in the best interest of the customers when 4 rate recovery approval is sought. 5 The bill allows the commission or consumer advocate to 6 employ additional staff or contract for professional services 7 with persons who are not state employees for the development 8 of rules for the filing and review of resource plans or to 9 aid the commission in the review and approval, disapproval, 10 or modification of a plan. The costs of the additional staff 11 services shall be assessed to the utilities. 12 -5- LSB 6666HV (2) 91 sb/js 5/ 5