House File 248 - EnrolledAn Actrelating to electric power generating facility emission
plans and projects, and including effective date and
applicability provisions.
   Section 1.  Section 476.6, subsection 19, paragraph a, Code
2023, is amended to read as follows:
   a.  It is the intent of the general assembly that the state,
through a collaborative effort involving state agencies and
affected generation owners, provide for compatible statewide
environmental and electric energy policies with respect
to regulated emissions from rate-regulated electric power
generating facilities in the state that are fueled by coal.
Each rate-regulated public utility that is an owner of one
or more electric power generating facilities fueled by coal
and located in this state on July 1, 2001, shall may develop
a multiyear plan and budget or update an existing plan and
for managing regulated emissions from its facilities
in a reasonably cost-effective manner as provided in this
   (1)  The initial multiyear plan and budget shall be filed
with the board by April 1, 2002. Updates to the plan and
budget shall be filed at least every twenty-four months.
rate-regulated public utility in this state that is an owner
of one or more electric power generating facilities fueled by
coal may, in its sole discretion, file an update to a multiyear
plan. The update may seek advanced review and approval of
cost recovery for pollution and emissions control projects
useful for managing the environmental regulatory requirements
for pollutants or other emissions from such facilities in a
reasonably cost-effective manner.

   (2)  Copies of the initial plan and budget, as well as
any subsequent updates, shall be served on the department of
natural resources.
   (3)  The initial multiyear plan and budget and any subsequent
updates shall be considered
 The board shall consider the plan
or update
in a contested case proceeding pursuant to chapter
17A. The department of natural resources and the consumer
advocate shall participate as parties to the proceeding.
   (3)  A rate-regulated public utility electing to seek
-1-advanced review of an emissions control project shall submit
an application for advanced review before the anticipated
start of construction or installation of the project. If an
electric power generating facility is owned by two or more
rate-regulated public utilities, the operator of the electric
power generating facility may file the application on behalf of
all rate-regulated public utility owners.
   (4)  The department of natural resources shall state whether
the plan or update meets applicable state environmental
requirements for regulated emissions. If the plan or update
does not meet these requirements, the department shall
recommend amendments that outline actions necessary to bring
the plan or update into compliance with the environmental
   Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of immediate
importance, takes effect upon enactment.
   Sec. 3.  APPLICABILITY.  This Act applies to electric power
generating facility emission plans or updates filed on or after
the effective date of this Act.
PAT GRASSLEYSpeaker of the House
AMY SINCLAIRPresident of the Senate
   I hereby certify that this bill originated in the House and is known as House File 248, Ninetieth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the House
Approved _______________, 2023______________________________