Bill Text: IA HF669 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act relating to electric utility rates and infrastructure support options for private generation customers. (Formerly HSB 185.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2019-04-27 - Referred to Commerce. H.J. 1076. [HF669 Detail]

Download: Iowa-2019-HF669-Introduced.html
House File 669 - Introduced HOUSE FILE 669 BY COMMITTEE ON COMMERCE (SUCCESSOR TO HSB 185) A BILL FOR An Act relating to electric utility rates and infrastructure 1 support options for private generation customers. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1368HV (1) 88 gh/rn
H.F. 669 Section 1. NEW SECTION . 476.49 Private generation rates —— 1 infrastructure support options for customers. 2 1. The general assembly recognizes the importance of 3 electric utility infrastructure, including electric generation, 4 transmission, and distribution systems, to provide electric 5 service to all customers in this state, whether electricity 6 is generated by a public utility, by a customer, or on behalf 7 of a customer. The general assembly also recognizes that 8 tariffs for electric service are traditionally designed for 9 the provision of full electric service to customers, not 10 taking into account the private generation of electricity. It 11 is the intent of the general assembly to require customers 12 who utilize private generation to pay their share of costs 13 of electric utility infrastructure, thereby eliminating 14 cross-subsidization. It is also the intent of the general 15 assembly to provide such customers with options to pay their 16 share of costs. 17 2. For purposes of this section, unless the context 18 otherwise requires: 19 a. “Avoided cost” means the energy rate paid by an electric 20 utility for energy purchases from a private generation customer 21 established in the electric utility’s board-approved tariff for 22 cogeneration facilities and small power production facilities 23 in compliance with the federal Public Utility Regulatory 24 Policies Act of 1978, 16 U.S.C. §2601 et seq. 25 b. “Private generation customer” means an electric utility 26 customer who utilizes a private generation facility. 27 c. “Private generation facility” means an alternate energy 28 production facility that is owned, leased, operated by, or 29 operated on behalf of a private generation customer and whose 30 production of electricity is used to offset a portion or all of 31 the customer’s electricity bill or usage that would otherwise 32 be purchased from an electric utility. 33 3. A rate-regulated electric utility may file tariffs with 34 the board applicable to any private generation customer who 35 -1- LSB 1368HV (1) 88 gh/rn 1/ 5
H.F. 669 utilizes a private generation facility installed on or after 1 the date a tariff is approved pursuant to subsection 5. All 2 tariff rates charged to a private generation customer for 3 electric service shall recover the electric utility’s cost of 4 providing electric service to the applicable customer class, 5 as determined by the board in the electric utility’s most 6 recently approved rate proceeding. Tariffs filed pursuant 7 to this section shall be designed to ensure that a private 8 generation customer pays for electric utility infrastructure 9 costs. Tariffs filed pursuant to this section shall require a 10 private generation customer to choose one of the following rate 11 structures for the provision of electric service: 12 a. A minimum infrastructure charge rate structure whereby 13 the private generation customer pays a minimum amount each 14 month, or the private generation customer’s applicable standard 15 electric service bill, whichever is higher. The private 16 generation customer’s applicable standard electric service 17 bill shall be calculated using the applicable standard retail 18 tariff. This tariff rate structure shall allow the private 19 generation facility to offset the private generation customer’s 20 energy usage, and shall allow excess energy to carry forward 21 in the form of excess energy credits to offset the private 22 generation customer’s energy usage in future billing periods. 23 This tariff rate structure shall also include an annual 24 cash-out of excess energy credits at a rate that does not 25 exceed the electric utility’s avoided cost. 26 b. A multi-part rate structure whereby rates applicable 27 to the customer include, at a minimum, a fixed basic service 28 charge, an energy charge designed to recover variable costs, 29 and a monthly demand charge designed to ensure that the 30 private generation customer pays for fixed electric utility 31 infrastructure costs. This tariff rate structure shall 32 allow the private generation facility to offset the private 33 generation customer’s energy usage, and shall allow excess 34 energy to carry forward in the form of excess energy credits to 35 -2- LSB 1368HV (1) 88 gh/rn 2/ 5
H.F. 669 offset the private generation customer’s energy usage in future 1 billing periods. This tariff rate structure shall also include 2 an annual cash-out of excess energy credits at a rate that does 3 not exceed the electric utility’s avoided cost. 4 c. A buy all and sell all rate structure whereby the private 5 generation facility’s output is measured separately from the 6 private generation customer’s consumption. All electricity 7 consumed shall be purchased from the electric utility and all 8 electricity generated shall be sold to the electric utility on 9 a monthly basis. Rates applicable to the private generation 10 customer for all electricity purchased from the electric 11 utility shall be the applicable standard retail tariff. 12 Rates applicable for electricity purchased from the private 13 generation customer shall not exceed the electric utility’s 14 avoided cost. 15 d. A rate structure filed by the electric utility that 16 recovers the electric utility’s cost of providing electric 17 service to the applicable customer class, subject to board 18 approval. 19 4. The board shall review a tariff filed pursuant to this 20 section for compliance with this section, and shall approve 21 the tariff as filed or with modification to meet compliance 22 with this section within ninety days of filing. If the board 23 fails to review the tariff within ninety days of filing, the 24 tariff shall be deemed approved. A tariff approved pursuant to 25 this subsection shall supersede any previously approved tariffs 26 applicable to private generation customers, except as provided 27 in subsection 5. 28 5. A private generation customer who utilizes a private 29 generation facility pursuant to a tariff approved by the board 30 on or before the effective date of this Act may continue to 31 receive electric service pursuant to the preexisting tariff for 32 the remaining duration of the contract involving the private 33 generation facility, regardless of any subsequent change in 34 ownership of such private generation facility. However, if the 35 -3- LSB 1368HV (1) 88 gh/rn 3/ 5
H.F. 669 private generation customer terminates electric service with 1 the electric utility, the preexisting tariff shall no longer 2 apply and the private generation customer shall be required to 3 receive electric service pursuant to a tariff approved pursuant 4 to subsection 4, provided that the electric utility filed such 5 tariff with the board. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill establishes new Code section 476.49, relating to 10 electric utility rates and infrastructure support options for 11 private generation customers. 12 The bill defines “private generation customer” to mean an 13 electric utility customer who utilizes a private generation 14 facility. “Private generation facility” is defined as an 15 alternate energy production facility that is owned, leased, 16 operated by, or operated on behalf of a private generation 17 customer and whose production of electricity is used to offset 18 a portion or all of the customer’s electricity bill or usage 19 that would otherwise be purchased from an electric utility. 20 The bill provides that the general assembly recognizes 21 the importance of electric utility infrastructure, including 22 generation, transmission, and distribution systems, to provide 23 electric service to all customers in Iowa. The general 24 assembly also recognizes that tariffs are traditionally 25 designed for the provision of full electric service to 26 customers, not taking private generation into account. The 27 bill specifies that it is the intent of the general assembly 28 to require private generation customers to pay their share of 29 costs of electric utility infrastructure, and to provide such 30 customers with options to pay their share of costs. 31 The bill allows rate-regulated electric utilities to file 32 tariffs with the Iowa utilities board applicable to any private 33 generation customer who utilizes a private generation facility 34 installed on or after the date a tariff is approved pursuant 35 -4- LSB 1368HV (1) 88 gh/rn 4/ 5
H.F. 669 to the bill. All tariff rates charged to a customer shall 1 recover the electric utility’s cost of providing service to the 2 applicable customer class. 3 The bill provides that tariffs filed pursuant to the bill 4 shall be designed to ensure that a private generation customer 5 pays for electric utility infrastructure costs and shall 6 require a private generation customer to choose from one of 7 several rate structures described in the bill. 8 The bill provides that the board shall review a tariff for 9 compliance with the bill and shall approve the tariff as filed 10 or with modification to meet compliance within 90 days of 11 filing. If the board fails to review the tariff within 90 days 12 of filing, the tariff is deemed approved. An approved tariff 13 shall supersede any previously approved tariffs applicable to 14 private generation customers, except as provided in the bill. 15 The bill provides that a private generation customer who 16 utilizes a private generation facility pursuant to a tariff 17 approved by the board on or before the effective date of the 18 bill may continue to receive electric service pursuant to the 19 preexisting tariff for the remaining duration of the contract 20 involving the facility, regardless of any subsequent change in 21 ownership of such facility. If the private generation customer 22 terminates electric service with the utility, the preexisting 23 tariff shall no longer apply and the customer shall be required 24 to receive electric service pursuant to a tariff approved in 25 accordance with the bill, if such tariff was filed with the 26 board. 27 -5- LSB 1368HV (1) 88 gh/rn 5/ 5
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