Senate
Study
Bill
3092
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
COMMERCE
BILL
BY
CHAIRPERSON
BOUSSELOT)
A
BILL
FOR
An
Act
relating
to
solar
energy
by
establishing
a
community
1
solar
facility
program.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
476.1,
Code
2026,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
5.
A
community
solar
facility
established
3
pursuant
to
section
476.50
shall
not
be
regarded
as
a
public
4
utility
for
purposes
of
this
chapter.
5
Sec.
2.
Section
476.25,
Code
2026,
is
amended
by
adding
the
6
following
new
subsection:
7
NEW
SUBSECTION
.
4.
The
furnishing
of
electricity
pursuant
8
to
a
community
solar
facility
under
section
476.50
shall
not
9
be
considered
an
unnecessary
duplication
of
electric
utility
10
facilities
and
shall
not
constitute
a
violation
of
this
11
section.
12
Sec.
3.
NEW
SECTION
.
476.50
Community
solar
facility
13
program
——
established.
14
1.
As
used
in
this
section,
unless
the
context
otherwise
15
requires:
16
a.
“Bill
credit”
means
the
monetary
value
of
the
electricity
17
in
kilowatt-hours
generated
by
the
community
solar
facility
18
allocated
to
a
subscriber
to
offset
that
subscriber’s
19
electricity
bill.
20
b.
“Brownfield
site”
means
an
abandoned,
idled,
or
21
underutilized
industrial
or
commercial
facility
where
22
expansion
or
redevelopment
is
complicated
by
real
or
perceived
23
environmental
contamination,
including
wastewater
treatment
24
lagoons,
active
and
former
quarry
and
mining
ponds,
storm
water
25
detention
ponds,
cooling
ponds,
and
manure
ponds.
A
brownfield
26
site
includes
property
contiguous
with
the
property
on
which
27
the
individual
or
commercial
facility
is
located.
28
c.
(1)
Except
as
provided
in
subparagraph
(2),
“community
29
solar
facility”
means
a
distributed
generation
facility
that
30
generates
electricity
by
means
of
a
solar
photovoltaic
device
31
whereby
subscribers
receive
a
bill
credit
for
the
electricity
32
generated
in
proportion
to
the
size
of
the
customer’s
33
subscription
and
all
of
the
following
conditions
apply:
34
(a)
The
facility
is
located
on
one
or
more
parcels
of
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land
within
the
assigned
area
of
service
of
that
utility
and
1
no
other
community
solar
facility
under
the
control
of
the
2
same
entity,
an
affiliate’s
entity,
or
an
entity
under
common
3
control
is
located
on
that
land.
4
(b)
At
the
time
the
facility
initially
meets
the
5
requirements
set
forth
in
the
tariff
to
participate
in
the
6
program,
the
facility
is
not
located
within
one
mile,
measured
7
from
the
point
of
interconnection,
of
a
community
solar
8
facility
under
the
control
of
the
same
entity.
9
(c)
The
facility
has
at
least
three
subscribers
once
it
10
becomes
operational.
11
(d)
The
facility
generates
not
more
than
five
megawatts
12
of
electricity
as
measured
in
alternating
current
unless
the
13
facility
is
located
on
a
brownfield
site,
whereby
the
facility
14
may
generate
not
more
than
twenty
megawatts
of
electricity
as
15
measured
in
alternating
current.
16
(e)
No
subscriber
holds
more
than
a
forty
percent
interest
17
in
the
output
of
the
facility
unless
the
facility
is
located
on
18
the
same
parcel
of
land
as
the
subscriber’s
electric
service
19
premises
and
the
subscription
reflects
on-site
load
rather
than
20
resale
or
aggregation.
21
(f)
Not
less
than
sixty
percent
of
the
capacity
of
the
22
facility
is
subscribed
to
by
subscriptions
of
not
more
than
23
forty
kilowatts.
The
requirements
of
this
subparagraph
24
division
shall
not
apply
to
the
portion
of
a
facility’s
25
capacity
subscribed
pursuant
to
the
on-site
load
exception
26
described
in
subparagraph
division
(e),
provided
that
no
more
27
than
forty
percent
of
the
facility’s
total
capacity
may
be
28
excluded
from
the
requirements
of
this
subparagraph
division
29
under
that
exception.
30
(2)
A
distributed
generation
facility
qualifies
as
a
31
community
solar
facility
if
the
distributed
generation
facility
32
generates
not
more
than
one
megawatt
of
electricity
as
measured
33
in
alternating
current
and
meets
the
conditions
described
in
34
subparagraph
(1),
subparagraph
divisions
(a),
(b),
and
(d),
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even
if
the
distributed
generation
facility
does
not
meet
any
1
of
the
conditions
described
in
subparagraph
(1),
subparagraph
2
divisions
(c),
(e),
and
(f).
3
d.
“Electric
utility”
means
a
public
utility
that
furnishes
4
electricity
to
the
public
for
compensation
that
is
required
to
5
be
rate-regulated
under
this
chapter.
6
e.
“Subscriber”
means
a
customer
of
an
electric
utility
7
subject
to
this
section
who
owns
one
or
more
subscriptions
to
a
8
community
solar
facility
interconnected
with
that
utility.
9
f.
“Subscriber
organization”
means
a
for-profit
or
nonprofit
10
entity
that
owns
or
operates
one
or
more
community
solar
11
facilities.
12
g.
“Subscription”
means
a
proportional
contractual
interest
13
in
a
community
solar
facility
under
which
the
estimated
bill
14
credits
of
the
subscriber
do
not
exceed
the
average
annual
15
bill
for
the
customer
account
to
which
the
subscription
is
16
attributed.
17
2.
a.
A
community
solar
facility
program
is
established
18
to
encourage
and
enhance
the
generation
of
solar
energy
and
to
19
encourage
and
enhance
the
ability
of
electric
utility
customers
20
to
participate
in
and
derive
benefit
from
alternate
solar
21
energy
projects.
22
b.
A
community
solar
facility
authorized
under
this
23
section
shall
not
serve
or
offer
to
serve
electric
customers
24
in
an
exclusive
service
area
assigned
to
a
rural
electric
25
cooperative,
nor
shall
a
community
solar
facility
authorized
26
under
this
section
construct
facilities
in
an
exclusive
service
27
area
assigned
to
a
rural
electric
cooperative
unless
expressly
28
authorized
by
the
rural
electric
cooperative
in
whose
exclusive
29
service
area
the
facility
would
be
located.
30
c.
An
electric
utility
shall
provide
a
bill
credit
to
a
31
subscriber’s
subsequent
monthly
electric
bill.
Any
amount
of
32
the
bill
credit
that
exceeds
the
subscriber’s
monthly
bill
33
shall
be
carried
over
in
the
subscriber’s
account
and
applied
34
to
the
next
month’s
bill
in
perpetuity.
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d.
An
electric
utility
shall
be
required
to
bill
subscribers
1
to
a
community
solar
facility
in
accordance
with
section
2
476.49,
to
the
extent
that
section
does
not
conflict
with
this
3
section.
4
e.
(1)
Prior
to
the
establishment
of
the
value
of
solar
5
methodology
and
rate
under
section
476.49,
a
subscriber
to
a
6
community
solar
facility
that
qualifies
for
bill
credits
at
the
7
applicable
retail
volumetric
rate
shall
have
a
minimum
monthly
8
electric
bill
that
cannot
be
reduced
below
one
hundred
fifty
9
percent
of
the
commission-approved
current
basic
service
charge
10
applicable
to
the
subscriber’s
rate
class.
11
(2)
The
total
capacity
of
the
community
solar
program
prior
12
to
the
establishment
of
the
value
of
solar
methodology
and
rate
13
under
section
476.49
shall
be
no
greater
than
two
hundred
fifty
14
megawatts
total
statewide.
15
(3)
After
the
establishment
of
the
value
of
solar
16
methodology
and
rate,
a
subscriber
to
a
community
solar
17
facility
that
qualifies
for
bill
credits
shall
not
be
subject
18
to
a
minimum
bill
under
subparagraph
(1)
and
the
capacity
limit
19
on
the
statewide
program
shall
not
apply.
20
f.
An
electric
utility
shall
review
its
interconnection
21
processes
to
ensure
they
are
adequate
to
facilitate
the
22
efficient
and
cost-effective
interconnection
of
community
solar
23
facilities
and
allow
an
investor-owned
electric
utility
to
24
recover
reasonable
interconnection
costs
for
each
community
25
solar
facility.
Such
interconnection
costs
shall
be
the
26
responsibility
of
the
subscriber
organization
or
owner
of
27
the
community
solar
facility
and
shall
not
be
applied
to
28
nonparticipating
ratepayers.
Interconnection
facilities
and
29
upgrades
funded
by
the
subscriber
organization
or
owner
of
the
30
community
solar
facility
shall
become
part
of
the
electric
31
utility’s
distribution
system
and
may
enhance
system
capacity,
32
reliability,
and
operational
flexibility
for
all
customers.
33
g.
A
subscriber
may
subscribe
all
of
their
electricity
34
meters
to
a
community
solar
facility.
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h.
Community
solar
facilities
may
be
owned
by
investors.
1
i.
An
electric
utility
shall
provide
a
bill
credit
to
2
a
subscriber’s
subsequent
monthly
electric
bill
for
the
3
proportional
output
of
a
community
solar
facility
attributable
4
to
that
subscriber
for
not
less
than
twenty-five
years
from
the
5
date
the
solar
facility
is
first
placed
into
operation.
6
j.
A
subscriber
organization
shall
periodically
and
in
7
a
standardized
electronic
format
provide
to
the
electric
8
utility
whose
service
territory
includes
the
location
of
the
9
subscriber
organization’s
community
solar
facility
a
subscriber
10
list
indicating
the
percentage
of
generation
attributable
11
to
each
of
the
electric
utility’s
retail
customers
who
are
12
subscribers
to
a
community
solar
facility
in
accordance
with
13
the
subscriber’s
portion
of
the
output
of
the
community
solar
14
facility.
The
electric
utility
shall
create
a
platform
for
the
15
subscriber
organization
to
periodically
communicate
updates
to
16
the
subscriber
list
to
reflect
canceling
subscribers
and
new
17
subscribers.
18
k.
An
electric
utility
shall
provide
a
subscriber
19
organization
a
report
each
month
in
a
standardized
electronic
20
format
detailing
the
total
value
of
bill
credits
generated
21
by
the
subscriber
organization’s
community
solar
facility
in
22
the
prior
month
and
the
amount
of
bill
credits
applied
to
each
23
subscriber.
24
l.
A
subscriber
organization
may
accumulate
bill
credits
25
if
all
of
the
electricity
generated
by
a
community
solar
26
facility
is
not
allocated
to
subscribers
in
a
given
month.
On
27
an
annual
basis,
the
subscriber
organization
shall
furnish
28
to
the
electric
utility
whose
service
territory
includes
the
29
location
of
the
subscriber
organization’s
community
solar
30
facility
instructions
for
distributing
accumulated
bill
31
credits
to
subscribers.
The
electric
utility
shall
apply
32
accumulated
credits
to
a
subscriber’s
electric
utility
account
33
in
accordance
with
section
476.49.
Any
credits
not
distributed
34
to
subscribers
annually
will
be
forfeited.
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m.
Any
renewable
energy
credits
created
from
the
production
1
of
electricity
in
a
community
solar
facility
are
the
property
2
of
the
subscriber
organization
that
owns
or
operates
the
3
community
solar
facility.
The
subscriber
organization
may
4
sell,
accumulate,
retire,
or
distribute
to
subscribers
the
5
renewable
energy
credits
of
the
subscriber
organization.
6
3.
The
commission
shall
adopt
rules
to
implement
the
7
provisions
of
this
section
that
accomplish
all
of
the
8
following:
9
a.
Reasonably
allow
for
the
creation
and
financing
of
10
community
solar
facilities.
11
b.
Allow
all
customer
classes
to
participate
as
subscribers
12
to
a
community
solar
facility,
and
ensure
participation
13
opportunities
for
all
customer
classes.
14
c.
Prohibit
removing
a
customer
from
the
customer’s
15
applicable
customer
class
due
to
the
customer
subscribing
to
a
16
community
solar
facility.
17
d.
Reasonably
allow
for
the
transferability
and
portability
18
of
subscriptions,
including
allowing
a
subscriber
to
retain
a
19
subscription
to
a
community
solar
facility
if
the
subscriber
20
moves
within
the
same
investor-owned
electric
utility’s
service
21
territory.
22
e.
Modify
existing
interconnection
standards,
fees,
23
and
processes
as
needed
to
facilitate
the
efficient
and
24
cost-effective
interconnection
of
community
solar
facilities
25
and
that
allow
an
electric
utility
to
recover
reasonable
26
interconnection
costs
for
each
community
solar
facility.
27
f.
Provide
for
consumer
protection
in
accordance
with
28
existing
laws.
The
commission
may
establish
a
registration
29
process
for
any
subscriber
organization
or
affiliate
seeking
30
to
solicit
community
solar
subscribers.
The
commission
may
31
adopt
rules
to
ensure
that
a
subscriber
organization
retains
32
marketing
information
for
a
reasonable
time
period
and
provides
33
to
subscribers
a
disclosure
in
plain
language
that
includes
all
34
fees
and
costs
associated
with
the
subscription.
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g.
Allow
an
electric
utility
to
recover
costs
of
applying
1
bill
credits
under
this
section.
2
h.
Ensure
an
electric
utility
does
not
unreasonably
refuse
3
or
delay
interconnection
of
a
community
solar
facility.
4
i.
Require
a
subscriber
organization
to
satisfy
5
interconnection
process
benchmarks,
demonstrate
site
control,
6
and
obtain
all
applicable
nonministerial
permits
for
a
7
community
solar
facility
before
the
subscriber
organization
8
owns
or
operates
the
facility.
9
4.
a.
Not
later
than
eighteen
months
after
a
community
10
solar
facility
has
ceased
generating
electricity,
except
for
11
instances
when
the
owner
is
actively
working
to
recommence
12
production
of
electricity,
including
instances
following
the
13
occurrence
of
a
force
majeure
or
similar
event,
the
owner
of
14
the
community
solar
facility
shall
commence
decommissioning
of
15
the
facility.
16
b.
Unless
the
property
owner
authorizing
the
community
17
solar
facility
to
operate
on
the
property
and
the
owner
of
18
the
community
solar
facility
mutually
agree
in
writing
on
19
an
alternative
condition
for
restoring
the
property,
the
20
decommissioning
plan
for
the
community
solar
facility
shall
21
include
all
of
the
following:
22
(1)
Removal
of
all
nonelectric
utility-owned
equipment,
23
conduits,
structures,
fencing,
and
foundations
to
a
depth
of
at
24
least
three
feet
below
grade.
25
(2)
Removal
of
all
graveled
areas
and
access
roads.
26
(3)
Restoration
of
the
property
to
a
condition
reasonably
27
similar
to
its
condition
before
the
commencement
of
28
construction,
except
for
ordinary
wear
and
degradation
and
any
29
changes
to
the
condition
of
the
property
caused
by
or
at
the
30
request
of
the
property
owner.
31
(4)
To
the
extent
practicable
and
seasonally
appropriate,
32
at
the
request
of
the
property
owner,
reseeding,
or
causing
the
33
reseeding
of,
any
cleared
areas
on
the
property.
34
5.
a.
The
owner
of
a
community
solar
facility
shall
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maintain
sufficient
financial
assurances
in
the
form
of
a
bond,
1
a
parent
company
guaranty
with
a
minimum
investment
grade
2
credit
rating
for
the
parent
company
issued
by
a
major
domestic
3
credit
rating
agency,
or
a
letter
of
credit
to
provide
for
4
decommissioning.
5
b.
The
amount
of
financial
assurance
shall
be
equal
to
the
6
cost
of
decommissioning
the
community
solar
facility,
less
the
7
facility’s
salvage
value,
and
shall
be
updated
periodically,
8
but
not
less
than
every
ten
years.
9
c.
Decommissioning
and
salvage
value
costs
shall
be
10
calculated
by
an
independent
professional
engineer
at
the
11
expense
of
the
owner
of
the
community
solar
facility.
12
Sec.
4.
IMPLEMENTATION
OF
TARIFFS.
By
January
1,
2027,
an
13
electric
utility,
as
defined
in
section
476.50,
as
enacted
by
14
this
Act,
shall
file
new
or
updated
tariffs,
if
applicable,
to
15
implement
any
necessary
changes
resulting
from
this
Act.
16
EXPLANATION
17
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
18
the
explanation’s
substance
by
the
members
of
the
general
assembly.
19
This
bill
establishes
a
community
solar
facility
program.
20
The
bill
specifies
that
“electric
utility”
for
purposes
21
of
the
bill
means
a
public
utility
that
provides
electricity
22
to
the
public
for
compensation
and
is
required
to
be
23
rate-regulated
under
Code
chapter
476.
The
bill
defines
24
“brownfield
site”
to
mean
an
abandoned,
idled,
or
underutilized
25
industrial
or
commercial
facility
where
expansion
or
26
redevelopment
is
complicated
by
real
or
perceived
environmental
27
contamination.
The
bill
defines
“community
solar
facility”
28
to
mean
a
distributed
generation
facility
that
generates
29
electricity
through
solar
panels
whereby
subscribers
may
30
receive
bill
credits
for
the
electricity
generated
in
31
proportion
to
the
size
of
the
customer’s
subscription.
The
32
bill
defines
“subscriber”
to
mean
a
customer
of
an
electric
33
utility
who
owns
at
least
one
share
of
a
subscription
to
a
34
community
solar
facility.
“Subscriber
organization”
means
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a
for-profit
or
nonprofit
entity
that
owns
or
operates
1
one
or
more
community
solar
facilities.
The
bill
defines
2
“subscription”
to
mean
a
proportional
contractual
interest
in
a
3
community
solar
facility.
4
The
bill
establishes
a
community
solar
facility
program
to
5
encourage
and
enhance
solar
energy
generation
and
the
ability
6
of
electric
public
utility
customers
to
participate
in
and
7
derive
benefit
from
alternate
solar
energy
projects.
8
The
bill
requires
an
electric
utility
to
bill
subscribers
in
9
accordance
with
billing
methods
established
pursuant
to
Code
10
section
476.49.
11
The
bill
requires
an
electric
utility
to
review
its
12
interconnection
processes
with
community
solar
facilities
13
to
ensure
adequacy,
efficiency,
and
cost-effectiveness
14
and
to
allow
an
investor-owned
electric
utility
to
recover
15
reasonable
interconnection
costs.
The
bill
directs
the
16
interconnection
to
be
the
responsibility
of
the
subscriber
17
organization
or
owner
of
the
community
solar
facility
18
and
not
applied
to
nonparticipating
ratepayers.
The
bill
19
states
that
interconnection
facilities
and
upgrades
funded
20
by
the
subscriber
organization
or
owner
of
the
community
21
solar
facility
shall
become
part
of
the
electric
utility’s
22
distribution
system
for
all
customers.
The
bill
allows
a
23
subscriber
to
include
all
of
the
subscriber’s
electricity
24
meters
in
the
community
solar
facility.
The
bill
provides
that
25
a
community
solar
facility
may
be
owned
by
investors.
The
26
bill
provides
specific
procedures
and
requirements
for
the
27
administration
of
bill
credits
and
subscriber
information.
28
The
bill
requires
the
Iowa
utilities
commission
to
adopt
29
rules
regarding
implementation
of
the
bill’s
provisions.
30
The
bill
requires
the
owner
of
a
community
solar
facility
to
31
have
a
decommissioning
plan,
including
financial
assurances.
32
The
bill
provides
procedures
and
requirements
for
the
33
decommissioning
of
a
community
solar
facility.
34
The
bill
requires
an
electric
utility
to
file
new
or
updated
35
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tariffs,
if
applicable,
by
January
1,
2027,
to
implement
any
1
necessary
changes
resulting
from
the
bill.
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