House
Study
Bill
519
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
COMMERCE
BILL
BY
CHAIRPERSON
YOUNG)
A
BILL
FOR
An
Act
relating
to
energy
production
including
the
modification
1
of
electric
power
generation,
energy
storage,
and
2
transmission
facility
ratemaking
principles.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
476.52A
Definitions.
1
As
used
in
this
subchapter
unless
the
context
otherwise
2
requires:
3
1.
“Alternate
energy
production
facility”
means
the
same
as
4
defined
in
section
476.42.
5
2.
“Energy
storage”
means
any
system,
equipment,
facility,
6
or
technology
that
is
capable
of
absorbing
energy,
storing
the
7
energy
for
a
period
of
time,
and
dispatching
the
energy
through
8
one
of
the
following
manners:
9
a.
Using
mechanical,
electrochemical,
thermal,
10
electrolysis,
or
other
processes
to
convert
and
store
electric
11
energy
that
was
generated
at
an
earlier
time
for
use
at
a
later
12
time.
13
b.
Using
mechanical,
electrochemical,
biochemical,
or
14
thermal
processes
to
convert
and
store
energy
generated
15
from
mechanical
processes
that
would
otherwise
be
wasted
for
16
delivery
at
a
later
time.
17
c.
Storing
energy
in
an
electric,
thermal,
or
gaseous
18
state
for
direct
use
for
heating
or
cooling
at
a
later
time
19
in
a
manner
that
avoids
the
need
to
use
electricity
or
other
20
fuel
sources
at
that
later
time,
such
as
a
grid-enabled
water
21
heater.
22
3.
“Nuclear
reactor”
means
an
apparatus
designed
to
produce
23
electrical
or
heat
energy
through
sustained
nuclear
fission
in
24
a
self-supporting
chain
reaction.
25
4.
“Repowering”
means
either
the
complete
dismantling
and
26
replacement
of
generation
equipment
at
an
existing
project
27
site,
or
the
installation
of
new
parts
and
equipment
to
an
28
existing
alternate
energy
production
facility
in
order
to
29
increase
energy
production,
reduce
load,
increase
service
30
capacity,
improve
project
reliability,
or
extend
the
useful
31
life
of
the
facility.
32
Sec.
2.
Section
476.53,
subsection
1,
Code
2026,
is
amended
33
to
read
as
follows:
34
1.
It
is
the
intent
of
the
general
assembly
to
attract
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_____
the
development
of
electric
power
generating
,
energy
storage,
1
and
transmission
facilities
within
the
state
in
sufficient
2
quantity
to
ensure
reliable
electric
service
to
Iowa
consumers
,
3
ensure
an
adequate
base
load,
and
provide
economic
benefits
to
4
the
state.
Ensuring
reliable
electric
service
and
providing
5
economic
benefits
may
require
public
utilities
to
consider
6
diverse
electric
power
generating
technologies
and
energy
7
storage
technologies,
including
alternate
energy
production
8
facilities,
nuclear
reactors,
and
energy
storage
facilities.
9
It
is
also
the
intent
of
the
general
assembly
to
encourage
10
rate-regulated
public
utilities
to
consider
altering
existing
11
electric
power
generating
facilities,
where
when
reasonable,
12
to
manage
carbon
emission
intensity
in
order
to
facilitate
the
13
transition
to
a
carbon-constrained
environment.
It
is
also
the
14
intent
of
the
general
assembly
to
encourage
the
development
15
of
nuclear
electric
power
generation
within
the
state
using
16
nuclear
reactors
and
to
use
nuclear
power
to
meet
local
and
17
regional
electric
needs.
18
Sec.
3.
Section
476.53,
subsection
3,
paragraphs
a,
b,
and
19
d,
Code
2026,
are
amended
to
read
as
follows:
20
a.
The
commission
shall
specify
in
advance,
by
order
issued
21
after
conduct
a
contested
case
proceeding
,
the
ratemaking
22
principles
that
will
apply
when
the
costs
of
the
electric
power
23
generating
facility
or
alternate
energy
production
facility
are
24
included
in
regulated
electric
rates
whenever
a
rate-regulated
25
public
utility
does
seeks
ratemaking
principles
for
any
of
the
26
following:
27
(1)
(a)
Files
an
application
pursuant
to
section
476A.3
28
to
construct
The
costs
of
constructing
in
Iowa
a
baseload
an
29
electric
power
generating
facility
with
a
nameplate
generating
30
capacity
equal
to
or
greater
than
three
hundred
forty
megawatts
31
or
a
combined-cycle
electric
power
generating
facility
,
or
an
32
alternate
energy
production
facility
as
defined
in
section
33
476.42
,
or
an
energy
storage
facility,
or
the
construction
34
costs
to
significantly
alter
an
existing
electric
power
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generating
facility
,
alternate
energy
production
facility,
or
1
energy
storage
facility
.
For
purposes
of
this
subparagraph,
a
2
significant
alteration
of
an
existing
generating
facility
must,
3
in
order
to
qualify
for
establishment
of
ratemaking
principles,
4
fall
into
one
of
the
following
categories:
5
(i)
Conversion
of
a
coal
fueled
an
electric
power
generating
6
facility
into
a
gas
fueled
to
an
alternate
fuel
type
for
the
7
electric
power
generating
facility.
8
(ii)
Addition
of
carbon
capture
and
storage
facilities
at
a
9
coal
fueled
to
an
existing
electric
power
generating
facility.
10
(iii)
Addition
of
gas
fueled
capability
to
a
coal
fueled
11
facility,
in
order
to
convert
the
facility
to
one
that
will
12
rely
primarily
on
gas
for
future
generation
facilities
to
13
capture
exhaust
heat
and
thereby
generate
additional
electric
14
power
at
an
existing
electric
power
generating
facility
.
15
(iv)
Addition
of
a
biomass
fueled
capability
to
a
coal
16
fueled
facility.
17
(v)
(iv)
Repowering
of
an
alternate
energy
production
18
facility.
For
purposes
of
this
subparagraph
subdivision,
19
“repowering”
shall
mean
either
the
complete
dismantling
and
20
replacement
of
generation
equipment
at
an
existing
project
21
site,
or
the
installation
of
new
parts
and
equipment
to
an
22
existing
alternate
energy
production
facility
in
order
to
23
increase
energy
production,
reduce
load,
increase
service
24
capacity,
improve
project
reliability,
or
extend
the
useful
25
life
of
the
facility.
26
(v)
Addition
of
energy
storage
at
an
existing
electric
power
27
generating
facility,
alternate
energy
production
facility,
or
28
energy
storage
facility.
29
(b)
With
respect
to
a
significant
alteration
of
an
30
existing
generating
facility,
an
original
facility
shall
31
not
be
required
to
be
either
a
baseload
or
a
combined-cycle
32
facility.
Only
only
the
incremental
investment
undertaken
33
by
a
utility
under
subparagraph
division
(a),
subparagraph
34
subdivision
(i),
(ii),
or
(iii),
or
(iv)
shall
be
eligible
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to
apply
the
ratemaking
principles
established
by
the
order
1
issued
pursuant
to
paragraph
“e”
.
Facilities
for
which
advanced
2
advance
ratemaking
principles
are
obtained
pursuant
to
this
3
section
shall
not
be
subject
to
a
subsequent
commission
review
4
pursuant
to
section
476.6,
subsection
19
,
to
the
extent
that
5
the
investment
has
been
considered
by
the
commission
under
6
this
section
.
To
the
extent
an
eligible
utility
has
been
7
authorized
to
make
capital
investments
subject
to
section
8
476.6,
subsection
19
,
such
investments
shall
not
be
eligible
9
for
ratemaking
principles
pursuant
to
this
section
.
10
(2)
Leases
or
owns
When
leased
or
owned
in
Iowa,
in
whole
or
11
in
part,
a
new
baseload
electric
power
generating
facility
with
12
a
nameplate
generating
capacity
equal
to
or
greater
than
three
13
hundred
forty
megawatts
or
a
combined-cycle
electric
power
14
generating
,
a
new
energy
storage
facility,
or
a
new
alternate
15
energy
production
facility
as
defined
in
section
476.42
.
16
b.
If
the
commission
finds
that
the
utility’s
application
17
meets
the
requirements
of
paragraph
“c”
,
the
commission
shall
18
specify
by
order
issued
after
the
contested
case
proceeding
19
the
ratemaking
principles
that
will
apply
when
the
costs
of
20
the
electric
power
generating
facility
or
alternate
energy
21
production
facility
are
included
in
regulated
electric
rates.
22
In
determining
the
applicable
ratemaking
principles,
the
23
commission
shall
not
be
limited
to
traditional
ratemaking
24
principles
or
traditional
cost
recovery
mechanisms.
Among
the
25
principles
and
mechanisms
the
commission
may
consider,
the
26
commission
has
the
authority
to
approve
ratemaking
principles
27
proposed
by
a
rate-regulated
public
utility
that
provide
for
28
reasonable
restrictions
upon
the
ability
of
the
public
utility
29
to
seek
a
general
increase
in
electric
rates
under
section
30
476.6
for
at
least
three
years
after
the
generating
facility
31
begins
providing
service
to
Iowa
customers.
32
d.
The
applicable
ratemaking
principles
shall
be
determined
33
in
a
contested
case
proceeding
,
which
proceeding
required
by
34
paragraph
“a”
may
be
combined
with
the
proceeding
for
issuance
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of
a
certificate
conducted
pursuant
to
chapter
476A
.
1
Sec.
4.
Section
476.53,
subsection
3,
Code
2026,
is
amended
2
by
adding
the
following
new
paragraph:
3
NEW
PARAGRAPH
.
h.
Notwithstanding
any
provision
of
this
4
chapter
to
the
contrary,
the
return
on
equity
for
a
utility’s
5
wind
energy
systems
and
solar
energy
systems
shall
be
the
same
6
as
the
utility’s
most
recent
rate
proceeding.
7
EXPLANATION
8
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
9
the
explanation’s
substance
by
the
members
of
the
general
assembly.
10
This
bill
relates
to
energy
production
including
the
11
modification
of
electric
power
generation,
energy
storage,
and
12
transmission
facility
ratemaking
principles.
13
The
bill
modifies
intent
language
to
reflect
an
intent
to
14
attract
energy
storage
and
develop
nuclear
power
generation
for
15
consumers
in
the
state.
16
The
bill
alters
ratemaking
principle
processes
and
modifies
17
when
a
rate-regulated
public
utility
may
seek
ratemaking
18
principles.
In
addition
to
electric
power
generating
19
facilities
and
alternate
energy
production
facilities,
the
20
utilities
commission
(commission)
may
specify
the
ratemaking
21
principles
applying
to
an
energy
storage
facility.
22
The
bill
provides
that
a
rate-regulated
public
utility
may
23
seek
ratemaking
principles
from
the
commission
when
there
are
24
construction-related
costs
of
an
electric
power
generating
25
facility
with
a
nameplate
generating
capacity
equal
to
or
26
greater
than
40
megawatts,
an
alternate
energy
production
27
facility,
or
an
energy
storage
facility,
or
significant
28
alterations
to
an
existing
electric
power
generating
facility,
29
alternate
energy
production
facility,
or
energy
storage
30
facility.
Current
law
generally
provides
that
when
a
31
rate-regulated
public
utility
files
an
application
to
construct
32
a
baseload
electric
power
generating
facility
with
a
nameplate
33
generating
capacity
equal
to
or
greater
than
300
megawatts
34
or
a
combined-cycle
electric
power
generating
facility
or
an
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alternate
energy
production
facility,
or
to
significantly
alter
1
an
existing
generating
facility,
the
commission
shall
specify
2
in
advance
the
ratemaking
principles
that
will
apply.
3
The
bill
modifies
the
requirements
for
a
significant
4
alteration
of
an
existing
generating
facility
to
qualify
for
5
the
establishment
of
ratemaking
principles.
The
bill
provides
6
that
to
qualify
for
ratemaking
principles,
the
significant
7
alteration
can
convert
an
electric
power
generating
facility
to
8
an
alternate
fuel
type,
add
carbon
capture
and
carbon
storage
9
to
an
electric
power
generating
facility,
add
a
facility
to
10
capture
exhaust
heat
to
an
electric
power
generating
facility,
11
repower
an
alternate
energy
production
facility,
or
add
energy
12
storage
to
an
existing
electric
power
generating
facility,
13
alternate
energy
production
facility,
or
energy
storage
14
facility.
Current
law
provides
that
to
qualify
for
ratemaking
15
principles,
the
significant
alteration
can
convert
a
coal
16
fueled
facility
into
a
gas
fueled
facility,
add
carbon
capture
17
and
carbon
storage
to
a
coal
fueled
facility,
add
gas
fueled
18
capability
to
a
coal
fueled
facility,
add
a
biomass
fueled
19
capability
to
a
coal
fueled
facility,
or
repower
an
alternate
20
energy
production
facility.
21
The
bill
provides
that
a
utility
investment
to
convert
an
22
electric
power
generating
facility
to
a
different
fuel
type,
23
add
carbon
capture
and
carbon
storage
to
an
electric
power
24
generating
facility,
or
add
a
fuel
type
to
an
electric
power
25
generating
facility
shall
be
eligible
to
apply
the
ratemaking
26
principles
established
by
an
order
issued
prior
to
construction
27
or
lease
of
a
facility.
28
The
bill
provides
that
a
rate-regulated
public
utility
may
29
seek
ratemaking
principles
for
leasing
or
owning
a
new
electric
30
power
generating
facility
with
a
nameplate
generating
capacity
31
equal
to
or
greater
than
40
megawatts,
a
new
energy
storage
32
facility,
or
a
new
alternate
energy
production
facility.
33
Current
law
provides
that
a
rate-regulated
public
utility
34
leasing
or
owning
a
new
baseload
electric
power
generating
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facility
with
a
nameplate
generating
capacity
equal
to
or
1
greater
than
300
megawatts,
a
combined-cycle
electric
power
2
generating
facility,
or
a
new
alternate
energy
production
3
facility
may
seek
ratemaking
principles.
4
The
bill
requires
the
commission
to
issue
an
order
after
5
the
contested
case
proceeding
that
the
ratemaking
principles
6
will
apply
when
the
costs
of
the
electric
power
generating
7
facility
or
alternate
energy
production
facility
are
included
8
in
regulated
electric
rates
once
the
commission
finds
that
the
9
rate-regulated
public
utility’s
application
for
ratemaking
10
principles
meets
all
the
commission’s
requirements.
The
11
bill
requires
the
return
on
equity
for
a
utility’s
wind
12
energy
systems
and
solar
energy
systems
to
be
the
same
as
the
13
utility’s
most
recent
rate
proceeding.
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