Bill Text: IA HF2699 | 2023-2024 | 90th General Assembly | Introduced


Bill Title: A bill for an act relating to ratemaking and energy efficiency plans and demand response plans.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2024-04-16 - Introduced, referred to Commerce. H.J. 815. [HF2699 Detail]

Download: Iowa-2023-HF2699-Introduced.html
House File 2699 - Introduced HOUSE FILE 2699 BY ISENHART A BILL FOR An Act relating to ratemaking and energy efficiency plans and 1 demand response plans. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6149YH (4) 90 lh/js
H.F. 2699 Section 1. Section 476.6, subsections 2 and 4, Code 2024, 1 are amended to read as follows: 2 2. Written notice of increase. All public utilities, 3 except those exempted from rate regulation by section 476.1 4 and telecommunications service providers registered pursuant 5 to section 476.95A , shall give written notice of a proposed 6 increase of any rate or charge to all affected customers served 7 by the public utility no more than thirty days prior to the 8 time the application for the increase is filed with the board. 9 Public utilities exempted from rate regulation by section 10 476.1 , except telecommunications service providers registered 11 pursuant to section 476.95A , shall give written notice of 12 a proposed increase of any rate or charge to all affected 13 customers served by the public utility at least thirty days 14 prior to the effective date of the increase. If the public 15 utility is subject to rate regulation, the written notice to 16 affected customers shall include an estimate of the total bill 17 impact on a typical customer in each affected customer class, 18 state the total rate increase as a percentage of the public 19 utility’s own current charges, provide a general explanation 20 of the board’s rate increase review process, and state that 21 the customer has a right to file a written objection to the 22 rate increase and that the affected customers may request 23 the board to hold a public hearing to determine if the rate 24 increase should be allowed. The written notice to each 25 affected customer of the public utility shall be served in the 26 manner in which the customer elects to receive bills and other 27 communications from the public utility. 28 4. Hearing set. After the filing of an application for 29 new or changed rates, charges, schedules, or regulations by a 30 public utility subject to rate regulation, the board, prior 31 to the expiration of thirty days after the filing date, shall 32 docket the case as a formal proceeding and set the case for 33 hearing unless the new or changed rates, charges, schedules, 34 or regulations are approved by the board. However, if an 35 -1- LSB 6149YH (4) 90 lh/js 1/ 4
H.F. 2699 application presents no material issue of fact subject to 1 dispute, and the board determines that the application violates 2 a relevant statute, or is not in substantial compliance with 3 a board rule lawfully adopted pursuant to chapter 17A , the 4 application may be rejected by the board without prejudice and 5 without a hearing, provided that the board issues a written 6 order setting forth all of its reasons for rejecting the 7 application. In the case of a gas public utility having less 8 than two thousand customers, the board shall docket a case as a 9 formal proceeding and set the case for hearing as provided in 10 section 476.1C . In the case of a rural electric cooperative, 11 the board may docket the case as a formal proceeding and set 12 the case for hearing prior to the proposed effective date of 13 the tariff. The board shall give notice of formal proceedings 14 as it deems appropriate. Prior to a public hearing, the 15 utility shall provide to each affected customer an example 16 of the requested utility rate increase applied to the past 17 twelve months of the affected customer’s usage as if the rate 18 increase were in place, in a manner to be determined by the 19 board. The docketing of a case as a formal proceeding suspends 20 the effective date of the new or changed rates, charges, 21 schedules, or regulations until the rates, charges, schedules, 22 or regulations are approved by the board, except as provided 23 in subsection 9 . As a part of the formal proceeding, the board 24 shall admit into evidence all objections filed by customers 25 prior to the close of the evidentiary record, in accordance 26 with subsection 3. Parties to the formal proceeding may object 27 to the inclusion of the objections. 28 Sec. 2. Section 476.6, subsection 15, paragraph e, Code 29 2024, is amended to read as follows: 30 e. (1) A gas or electric utility required to be 31 rate-regulated under this chapter may recover, through an 32 automatic adjustment mechanism filed pursuant to subsection 8 , 33 over a period not to exceed the term of the plan, the costs of 34 an energy efficiency plan or demand response plan approved by 35 -2- LSB 6149YH (4) 90 lh/js 2/ 4
H.F. 2699 the board in a contested case proceeding conducted pursuant to 1 paragraph “c” . The board shall allow a gas or electric utility 2 to provide in an energy efficiency plan or demand response 3 plan for a return of and return on investments exceeding an 4 amount established by the board for the utility’s current and 5 previously approved plan that is up to nine percent of revenue, 6 to the extent that such investments are cost-effective, 7 including the return allowed by the board. Customers that have 8 been granted exemptions from energy efficiency plans pursuant 9 to paragraph “a” , shall not be charged for recovery of energy 10 efficiency costs beginning January 1 of the year following the 11 year in which the customer was granted the exemption. 12 (2) The board shall periodically conduct a contested case 13 proceeding to evaluate the reasonableness and prudence of the 14 utility’s implementation of an approved energy efficiency 15 or demand response plan and budget. If a utility is not 16 taking all reasonable actions to cost-effectively implement an 17 approved plan, the board shall not allow the utility to recover 18 from customers costs in excess of those costs that would be 19 incurred under reasonable and prudent implementation and shall 20 not allow the utility to recover future costs at a level other 21 than what the board determines to be reasonable and prudent. 22 If the result of a contested case proceeding is a judgment 23 against a utility, that utility’s future level of cost recovery 24 shall be reduced by the amount by which the programs were found 25 to be imprudently conducted. Beginning January 1, 2019, a 26 gas or electric utility shall represent energy efficiency and 27 demand response in customer billings as a separate cost or 28 expense. 29 (3) The board shall ensure access to an energy efficiency 30 plan approved under this section to customers in the affected 31 rate class. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -3- LSB 6149YH (4) 90 lh/js 3/ 4
H.F. 2699 This bill relates to gas and electric utility energy 1 efficiency plans and demand response plans and formal 2 ratemaking proceedings. 3 The bill requires utilities to file annual comparisons 4 utilized in setting revenue requirements. The utility shall 5 provide in the written notice of a rate increase to customers 6 the total rate increase as a percentage of the utility’s own 7 current charges. The utility shall provide the Iowa utilities 8 board (board) with sufficient detail in the filings to verify 9 the authorized rate case treatment of revenue requirements. 10 The bill requires a utility to provide affected customers an 11 example of the requested rate increase applied over the past 12 12 months prior to a public hearing. The board may determine 13 the manner of notification of the example to the affected 14 customers. In a formal proceeding, the board shall admit all 15 objections filed by customers into evidence, but parties may 16 object to the inclusion of the objections filed by customers. 17 The bill requires the board to allow a gas or electric 18 utility to provide in an energy efficiency plan or demand 19 response plan, for investments exceeding the current or 20 previously approved plan, up to 9 percent of revenue to ensure 21 investments are cost-effective. 22 The bill also requires the board to ensure for customers 23 in an affected rate class access to an energy efficiency plan 24 approved under Code section 476.6. 25 -4- LSB 6149YH (4) 90 lh/js 4/ 4
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