House
Study
Bill
630
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
COMMERCE
BILL
BY
CHAIRPERSON
YOUNG)
A
BILL
FOR
An
Act
relating
to
customer-based
energy,
including
power
1
plants
and
energy
storage.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
474.1,
subsections
3
and
4,
Code
2026,
1
are
amended
to
read
as
follows:
2
3.
The
utilities
commission
shall
regulate
and
supervise
3
public
utilities
operating
in
the
state.
The
commission
shall
4
enforce
and
implement
chapters
476
,
476A
,
476E,
477C
,
478
,
479
,
5
479A
,
and
479B
and
shall
perform
other
duties
assigned
to
it
6
by
law.
7
4.
As
used
in
this
chapter
and
chapters
475A
,
476
,
476A
,
8
476E,
477A,
477C
,
478
,
479
,
479A
,
and
479B
,
“commission”
and
9
“utilities
commission”
mean
the
Iowa
utilities
commission.
10
Sec.
2.
NEW
SECTION
.
476E.1
Definitions.
11
For
purposes
of
this
chapter:
12
1.
“Customer-based
energy
storage
company”
means
a
company
13
that
provides
power
to
a
customer
through
an
energy
storage
14
system.
A
customer-based
energy
storage
company
shall
not
be
15
considered
an
electric
utility
or
any
other
type
of
public
16
utility
if
it
meets
all
of
the
following
criteria:
17
a.
Does
not
use
energy
from
the
electric
grid
during
peak
18
energy
times
as
defined
by
the
commission.
19
b.
If
the
company
produces
electricity,
a
portion
of
20
the
electricity
is
stored
for
use
during
peak
energy
times
21
such
that
the
company
can
demonstrate
to
the
commission
that
22
the
use
of
such
electricity
produces
an
overall
benefit
to
23
nonparticipating
customers.
24
c.
Is
certified
by
the
commission.
25
2.
“Customer-based
power
plant”
means
a
system
that
26
aggregates,
manages,
and
optimizes
distributed
energy
27
resources,
including
but
not
limited
to
solar
panels,
wind
28
turbines,
battery
storage,
and
controllable
loads,
to
operate
29
collectively
as
a
single
entity
within
the
electric
grid
for
30
the
purposes
of
energy
supply,
demand
response,
and
ancillary
31
services.
32
3.
“Distributed
energy
resource”
means
any
33
electricity-producing
resource
or
controllable
load
that
is
34
interconnected
at
the
distribution
level
of
the
electric
grid
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of
a
public
utility,
including
renewable
energy
systems,
energy
1
storage
devices,
and
demand
response
capabilities.
2
4.
“Operator”
means
any
individual,
entity,
or
organization
3
that
owns,
operates,
or
manages
a
customer-based
electric
4
generating
facility
within
the
state
of
Iowa.
5
5.
“Public
utility”
means
the
same
as
defined
in
section
6
476.1.
7
Sec.
3.
NEW
SECTION
.
476E.2
Customer-based
power
plants.
8
1.
The
purpose
of
this
section
is
to
facilitate
the
9
deployment
and
operation
of
customer-based
power
plants
within
10
the
state
of
Iowa,
to
establish
a
clear
and
comprehensive
11
regulatory
framework,
to
safeguard
the
interests
of
all
12
stakeholders,
and
to
promote
innovation
and
grid
resilience
13
through
distributed
energy
resources.
14
2.
a.
Customer-based
power
plant
operators
shall
15
maintain
ongoing
coordination
with
public
utilities
regarding
16
scheduling,
dispatch,
and
emergency
protocols.
17
b.
The
commission
shall
establish
operational
protocols
for
18
customer-based
power
plants,
including
requirements
for
system
19
reliability,
demand
response
participation,
and
provision
of
20
ancillary
service.
21
3.
A
customer-based
power
plant
shall
only
operate
within
22
the
geographic
territory
of
a
public
utility
subject
to
rate
23
regulation
under
chapter
476.
24
4.
Customer-based
power
plant
operators
shall
implement
25
safeguards
to
protect
consumer
data
against
unauthorized
26
access,
disclosure,
or
misuse.
The
commission
shall
promulgate
27
minimum
cybersecurity
standards
for
customer-based
power
28
plant
operators
to
ensure
the
integrity
and
resilience
of
29
customer-based
power
plant
systems
and
associated
data.
30
Customer-based
power
plant
operators
must
obtain
informed
31
consent
from
consumers
before
collecting,
using,
or
sharing
32
consumer
data,
and
must
provide
mechanisms
for
consumers
to
33
access
and
correct
their
data.
34
5.
a.
The
commission
shall
establish
a
process
to
certify
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a
customer-based
power
plant.
The
process
shall
demonstrate
1
technical
competence,
financial
stability,
cybersecurity
2
measures,
and
an
ability
to
comply
with
all
relevant
laws
and
3
regulations.
4
b.
The
commission
may
approve
and
oversee
pilot
programs
5
to
evaluate
innovative
customer-based
power
plant
models
and
6
technologies,
and
shall
report
any
findings
to
the
general
7
assembly.
8
c.
The
commission
shall
adopt
rules
necessary
to
implement
9
this
chapter.
The
rules
adopted
shall
include
the
following:
10
(1)
Technical
standards
and
reporting
requirements
of
11
customer-based
power
plants.
12
(2)
Penalties,
including
suspension
or
revocation
of
a
13
certification
for
noncompliance.
14
Sec.
4.
NEW
SECTION
.
476E.3
Customer-based
energy
storage.
15
1.
A
customer-based
energy
storage
company
may
do
any
of
the
16
following:
17
a.
Purchase
power
during
nonpeak
times
through
a
18
market-based
tariff
to
compensate
for
any
distribution
or
19
transmission
use.
20
b.
Sell
power
during
peak
times
through
a
market-based
21
tariff
to
compensate
for
any
distribution
or
transmission
use.
22
c.
Notwithstanding
section
476.25,
provide
any
portion
of
23
power
to
a
customer
located
in
the
geographic
territory
of
a
24
public
utility
subject
to
rate
regulation
under
chapter
476.
25
2.
A
public
utility
shall
not
discriminate
against
a
26
customer
who
is
a
customer
of
a
customer-based
energy
storage
27
company.
28
3.
The
commission
may
approve
and
oversee
pilot
programs
29
to
evaluate
innovative
customer-based
energy
storage
models
30
and
technologies,
and
shall
report
any
findings
to
the
general
31
assembly.
32
4.
The
commission
shall
adopt
rules
necessary
to
implement
33
this
section.
The
rules
adopted
shall
include
the
following:
34
a.
Determination
of
peak
energy
times,
technical
standards,
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and
reporting
requirements.
1
b.
A
market-based
tariff
pursuant
to
this
chapter.
The
2
tariff
shall
be
constructed
to
benefit
nonparticipating
3
ratepayers.
4
c.
A
process
to
certify
customer-based
energy
storage
5
companies.
The
process
shall
demonstrate
technical
competence,
6
financial
stability,
cybersecurity
measures,
and
an
ability
to
7
comply
with
all
relevant
laws
and
regulations.
8
d.
Penalties,
including
suspension
or
revocation
of
a
9
certification
for
noncompliance.
10
Sec.
5.
NEW
SECTION
.
476E.4
New
tariffs
——
demand
11
management.
12
1.
If
more
than
thirty
months
have
passed
since
the
13
commission
has
entered
an
order
in
a
rate-review
proceeding,
14
the
following
parties
may
request
a
new
tariff:
15
a.
The
office
of
consumer
advocate.
16
b.
A
user
or
aggregation
of
users
with
a
generating
capacity
17
of
at
least
fifteen
megawatts.
18
2.
A
request
for
a
new
tariff
under
this
section
must
meet
19
both
of
the
following
criteria:
20
a.
Encourages
the
reduction
of
peak
energy
demand.
21
b.
The
value
of
the
potential
reduction
of
peak
energy
22
demand
for
nonparticipating
customers
exceeds
the
cost
in
23
projected
lost
revenue.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
relates
to
customer-based
energy,
including
power
28
plants
and
energy
storage.
29
The
bill
defines
“customer-based
energy
storage
company”
as
30
a
company
that
provides
power
to
a
customer
through
an
energy
31
storage
system
and
provides
that
the
company
is
not
considered
32
an
electric
utility
or
any
other
type
of
public
utility
if
it
33
meets
certain
criteria.
The
bill
defines
“customer-based
power
34
plant”
as
a
system
that
aggregates,
manages,
and
optimizes
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distributed
energy
resources
to
operate
collectively
as
a
1
single
entity
for
purposes
that
may
include
energy
supply,
2
demand
response,
and
ancillary
services.
3
The
bill
requires
operators
of
customer-based
power
plants
4
(CPPs)
to
maintain
ongoing
coordination
with
public
utilities
5
regarding
scheduling,
dispatch,
and
emergency
protocols.
The
6
bill
requires
the
Iowa
utilities
commission
(commission)
7
to
establish
operational
protocols
for
CPPs,
including
8
requirements
related
to
system
reliability,
participation
in
9
demand
response
programs,
and
provision
of
ancillary
services.
10
The
bill
requires
CPPs
to
operate
only
within
the
geographic
11
territory
of
a
public
utility
subject
to
rate
regulation.
12
The
bill
requires
CPP
operators
to
implement
safeguards
to
13
protect
consumer
data
from
unauthorized
access,
disclosure,
14
or
misuse.
The
bill
requires
the
commission
to
adopt
minimum
15
cybersecurity
standards
to
ensure
the
integrity
and
resilience
16
of
CPP
systems
and
associated
data.
The
bill
requires
17
operators
to
obtain
informed
consent
from
consumers
before
18
collecting,
using,
or
sharing
consumer
data
and
to
provide
19
mechanisms
for
consumers
to
access
and
correct
their
data.
20
The
bill
requires
the
commission
to
establish
a
process
21
to
certify
CPPs,
requiring
a
demonstration
of
technical
22
competence,
financial
stability,
cybersecurity
measures,
and
23
compliance
with
applicable
laws
and
regulations.
The
bill
24
authorizes
the
commission
to
approve
and
oversee
pilot
programs
25
to
evaluate
innovative
CPP
models
and
technologies
and
requires
26
the
commission
to
report
the
findings
to
the
general
assembly.
27
The
bill
authorizes
a
customer-based
energy
storage
company
28
to
purchase
power
during
nonpeak
times
and
sell
power
during
29
peak
times
through
market-based
tariffs
to
compensate
for
30
distribution
or
transmission
use.
The
bill
provides
that
a
31
customer-based
energy
storage
company
may
provide
any
portion
32
of
power
to
a
customer
regardless
of
assigned
service
area
33
laws
and
regulations,
provided
the
customer
is
located
in
the
34
geographic
area
of
a
public
utility
subject
to
rate
regulation.
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The
bill
prohibits
a
public
utility
from
discriminating
against
1
a
customer
who
is
served
by
a
customer-based
energy
storage
2
company.
The
bill
authorizes
the
commission
to
approve
and
3
oversee
pilot
programs
to
evaluate
innovative
customer-based
4
energy
storage
models
and
technologies
and
requires
reporting
5
of
the
findings
to
the
general
assembly.
6
The
bill
requires
the
commission
to
adopt
rules
necessary
7
to
implement
the
bill.
The
rules
must
address
technical
8
standards
and
reporting
requirements
for
CPPs,
determination
of
9
peak
energy
times,
a
market-based
tariff
designed
to
benefit
10
nonparticipating
ratepayers,
certification
of
customer-based
11
energy
storage
companies,
and
the
establishment
of
penalties
12
for
noncompliance,
including
suspension
or
revocation
of
13
certifications.
14
The
bill
provides
that
if
more
than
30
months
have
passed
15
since
the
commission
entered
an
order
in
a
rate-review
16
proceeding,
the
office
of
consumer
advocate
or
a
user
or
17
aggregation
of
users
with
a
generating
capacity
of
at
least
18
15
megawatts
may
request
a
new
tariff.
The
bill
requires
a
19
requested
tariff
to
encourage
the
reduction
of
peak
energy
20
demand
and
the
value
of
the
potential
reduction
of
peak
energy
21
demand
for
nonparticipating
customers
to
exceed
the
cost
of
22
projected
lost
revenue.
23
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