House Study Bill 73 - IntroducedA Bill ForAn Act 1relating to electric power generating facility emission
2plans and projects, and including effective date and
3applicability provisions.
1   Section 1.  Section 476.6, subsection 19, paragraph a, Code
22023, is amended to read as follows:
   3a.  It is the intent of the general assembly that the state,
4through a collaborative effort involving state agencies and
5affected generation owners, provide for compatible statewide
6environmental and electric energy policies with respect
7to regulated emissions from rate-regulated electric power
8generating facilities in the state that are fueled by coal.
9Each rate-regulated public utility that is an owner of one
10or more electric power generating facilities fueled by coal
11and located in this state on July 1, 2001, shall may develop
12a multiyear plan and budget or update an existing plan and
for managing regulated emissions from its facilities
14in a reasonably cost-effective manner as provided in this
   16(1)  The initial multiyear plan and budget shall be filed
17with the board by April 1, 2002. Updates to the plan and
18budget shall be filed at least every twenty-four months.
19rate-regulated public utility in this state that is an owner
20of one or more electric power generating facilities fueled by
21coal may, in its sole discretion, file an update to a multiyear
22plan. The update may seek advanced review and approval of
23cost recovery for pollution and emissions control projects
24useful for managing the environmental regulatory requirements
25for pollutants or other emissions from such facilities in a
26reasonably cost-effective manner.

   27(2)  Copies of the initial plan and budget, as well as
28any subsequent updates, shall be served on the department of
29natural resources.
   30(3)  The initial multiyear plan and budget and any subsequent
31updates shall be considered
 The board shall consider the plan
32or update
in a contested case proceeding pursuant to chapter
3317A. The department of natural resources and the consumer
34advocate shall participate as parties to the proceeding.
   35(3)  A rate-regulated public utility electing to seek
-1-1advanced review of an emissions control project shall submit
2an application for advanced review before the anticipated
3start of construction or installation of the project. If an
4electric power generating facility is owned by two or more
5rate-regulated public utilities, the operator of the electric
6power generating facility may file the application on behalf of
7all rate-regulated public utility owners.
   8(4)  The department of natural resources shall state whether
9the plan or update meets applicable state environmental
10requirements for regulated emissions. If the plan or update
11 does not meet these requirements, the department shall
12recommend amendments that outline actions necessary to bring
13the plan or update into compliance with the environmental
15   Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of immediate
16importance, takes effect upon enactment.
17   Sec. 3.  APPLICABILITY.  This Act applies to electric power
18generating facility emission plans or updates filed on or after
19the effective date of this Act.
21The inclusion of this explanation does not constitute agreement with
22the explanation’s substance by the members of the general assembly.
   23This bill relates to electric power generating facility
24emission plans, updates, and budgets.
   25The bill allows electric power generating facilities
26fueled by coal and located in Iowa to develop a reasonably
27cost-effective multiyear plan and budget or update an existing
28plan and budget for managing emissions. Current law requires
29electric power generating facilities fueled by coal and located
30in Iowa on July 1, 2001, to develop a cost-effective multiyear
31plan and budget for managing emissions.
   32The bill removes provisions requiring plans and budgets to
33be filed with the utilities board by April 1, 2002, and updates
34filed at least every 24 months thereafter. The bill provides
35that an electric power generating facility located in the state
-2-1has the discretion to file an update to a multiyear plan.
2Additionally, the plan may seek advanced review and approval
3for pollution and emission-related projects.
   4The bill provides that an application for advanced review
5shall be submitted by a rate-regulated public utility before
6the anticipated start of a pollution and emission-related
7project. An operator of an electric power generating facility
8that is owned by two or more regulated public utilities may
9file an application on behalf of all of the rate-regulated
10public utility owners.
   11The bill takes effect upon enactment.
   12The bill applies to electric power generating facility
13emissions plans or updates filed on or after the effective date
14of the bill.