Bill Text: IA SSB1059 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to plan, update, and budget review of rate-regulated electric utilities, and including effective date provisions.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2023-01-25 - Tabled until future meeting. []. [SSB1059 Detail]
Download: Iowa-2023-SSB1059-Introduced.html
Senate
Study
Bill
1059
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
COMMERCE
BILL
BY
CHAIRPERSON
BROWN)
A
BILL
FOR
An
Act
relating
to
plan,
update,
and
budget
review
of
1
rate-regulated
electric
utilities,
and
including
effective
2
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
476.6,
subsection
16,
Code
2023,
is
1
amended
to
read
as
follows:
2
16.
Filing
of
forecasts.
The
board
shall
periodically
3
require
each
rate-regulated
gas
or
electric
public
utility
4
to
file
a
forecast
of
future
gas
requirements
or
electric
5
generating
needs
and
the
board
shall
evaluate
the
forecast.
6
The
forecast
shall
include
but
is
not
limited
to
a
forecast
of
7
the
requirements
of
its
customers,
its
anticipated
sources
of
8
supply,
and
its
anticipated
means
of
addressing
the
forecasted
9
gas
requirements
or
electric
generating
needs
.
10
Sec.
2.
Section
476.6,
subsection
19,
Code
2023,
is
amended
11
to
read
as
follows:
12
19.
Electric
power
generating
facility
emissions
Biannual
13
resource
planning
.
14
a.
It
is
the
intent
of
the
general
assembly
that
the
state,
15
through
a
collaborative
effort
involving
state
agencies
and
16
affected
generation
owners,
provide
for
compatible
statewide
17
environmental
and
electric
energy
policies
with
respect
18
to
regulated
emissions
from
rate-regulated
electric
power
19
generating
facilities
in
the
state
that
are
fueled
by
coal.
20
Each
rate-regulated
public
utility
that
is
an
owner
of
one
or
21
more
electric
power
generating
facilities
fueled
by
coal
and
22
located
in
this
state
on
July
1,
2001,
owns
or
operates
an
23
electric
power
generating
facility
shall
develop
a
multiyear
24
plan
and
budget
for
managing
regulated
emissions
from
its
25
facilities
in
a
cost-effective
manner
the
area
served
by
the
26
utility
that
provides
reliable,
secure,
and
low-emission
27
electricity
at
the
lowest
cost
.
28
b.
The
plan
and
budget
shall
include
a
minimum
of
all
of
the
29
following:
30
(1)
The
future
projected
electricity
requirements
of
the
31
area.
32
(2)
The
projected
electricity
resources
mix,
capacity,
and
33
infrastructure
needed
to
meet
the
projected
requirements.
34
(3)
The
future
potential
demand
response
capabilities
of
35
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the
area.
1
(4)
The
future
nonutility
energy
resources
in
the
area,
2
including
both
generation
and
storage.
3
(5)
Planning
to
efficiently
leverage
demand
response
4
and
nonutility
energy
resources
to
reduce
costs
and
increase
5
reliability.
6
(6)
Alternate
planning
scenarios
for
meeting
the
projected
7
electricity
requirements.
8
(7)
Additional
information
that
the
board
deems
necessary
9
pursuant
to
this
section.
10
c.
(1)
The
initial
multiyear
plan
and
budget
shall
be
filed
11
with
the
board
by
April
1,
2002
2024
.
Updates
to
the
plan
and
12
budget
shall
be
filed
at
least
every
twenty-four
months.
13
(2)
Copies
of
the
initial
plan
and
budget,
as
well
as
14
any
subsequent
updates,
shall
be
served
on
the
department
of
15
natural
resources.
16
(3)
The
initial
multiyear
plan
and
budget
and
any
17
subsequent
updates
shall
be
considered
in
a
contested
case
18
proceeding
pursuant
to
chapter
17A
.
Subsequent
updates
shall
19
be
considered
in
a
contested
case
proceeding
every
twenty-four
20
months,
unless
the
board
determines
a
contested
case
is
21
necessary
for
an
earlier
update.
The
department
of
natural
22
resources
and
the
consumer
advocate
shall
participate
as
23
parties
to
the
a
contested
case
proceeding.
24
(4)
The
department
of
natural
resources
shall
state
whether
25
the
plan
or
update
meets
applicable
state
environmental
26
requirements
for
regulated
emissions.
If
the
plan
does
27
not
meet
these
requirements,
the
department
shall
recommend
28
amendments
that
outline
actions
necessary
to
bring
the
plan
or
29
update
into
compliance
with
the
environmental
requirements.
30
b.
The
board
shall
not
approve
a
plan
or
update
that
does
31
not
meet
applicable
state
environmental
requirements
and
32
federal
ambient
air
quality
standards
for
regulated
emissions
33
from
electric
power
generating
facilities
located
in
the
state.
34
c.
d.
The
board
shall
review
the
plan
or
update
and
the
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associated
budget,
and
shall
approve
the
plan
or
update
and
1
the
associated
budget
if
the
plan
or
update
and
the
associated
2
budget
are
reasonably
expected
to
achieve
cost-effective
3
compliance
with
applicable
state
environmental
requirements
4
and
federal
ambient
air
quality
standards.
In
reaching
its
5
decision,
the
board
shall
consider
whether
determine
whether
6
the
plan
or
update
and
the
associated
budget
reasonably
7
balance
balances
costs,
environmental
requirements,
economic
8
development
potential,
and
the
reliability
of
the
electric
9
generation
,
distribution,
and
transmission
system.
10
d.
e.
The
board
shall
issue
an
order
approving
or
rejecting
11
a
plan,
update,
or
budget
within
one
hundred
eighty
days
after
12
the
public
utility’s
filing
is
deemed
complete;
however,
upon
13
good
cause
shown,
the
board
may
extend
the
time
for
issuing
the
14
order
as
follows:
15
(1)
The
board
may
grant
an
extension
of
thirty
days.
16
(2)
The
board
may
grant
more
than
one
extension,
but
each
17
extension
must
rely
upon
a
separate
showing
of
good
cause.
18
(3)
A
subsequent
extension
must
not
be
granted
any
earlier
19
than
five
days
prior
to
the
expiration
of
the
original
20
one-hundred-eighty-day
period,
or
the
current
extension.
21
f.
To
ensure
the
utility
can
timely
respond
to
changes
in
22
circumstances,
the
utility
may
modify
plans
by
providing
notice
23
to
the
board.
The
board
shall
have
thirty
days
to
respond
by
24
any
of
the
following
methods:
25
(1)
Indicating
no
objection
to
the
change.
26
(2)
Ordering
a
contested
case.
27
(3)
Requesting
more
information.
Upon
receiving
additional
28
information,
the
board
shall
not
object
to
the
change
or
order
29
a
contested
case
proceeding.
30
e.
g.
The
reasonable
costs
incurred
by
a
rate-regulated
31
public
utility
in
preparing
and
filing
the
plan,
update,
or
32
budget
and
in
participating
in
the
proceedings
before
the
board
33
and
the
reasonable
costs
associated
with
implementing
the
plan,
34
update,
or
budget
shall
be
included
in
its
regulated
retail
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rates.
1
f.
It
is
the
intent
of
the
general
assembly
that
the
board,
2
in
an
environmental
plan,
update,
or
associated
budget
filed
3
under
this
section
by
a
rate-regulated
public
utility,
may
4
limit
investments
or
expenditures
that
are
proposed
to
be
5
undertaken
prior
to
the
time
that
the
environmental
benefit
to
6
be
produced
by
the
investment
or
expenditure
would
be
required
7
by
state
or
federal
law.
8
h.
The
board
shall
adopt
rules
concerning
the
plan
9
submission
of
multiyear
plan
and
budgets
pursuant
to
this
10
section.
11
Sec.
3.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
12
importance,
takes
effect
upon
enactment.
13
EXPLANATION
14
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
15
the
explanation’s
substance
by
the
members
of
the
general
assembly.
16
This
bill
relates
to
plan,
update,
and
budget
review
of
17
rate-regulated
electric
utilities
by
the
Iowa
utilities
board.
18
The
bill
removes
electric
utilities
from
the
filing
of
19
forecasts
for
future
electric
generating
needs.
Current
law
20
requires
electric
public
utilities
to
file
a
forecast
with
21
the
Iowa
utilities
board
(board)
which
includes
anticipated
22
customer
requirements,
supply
sources,
and
future
electric
23
generating
needs.
24
The
bill
strikes
intent
language
relating
to
electric
25
energy
policies
and
emissions.
The
bill
modifies
the
type
of
26
rate-regulated
public
utility
that
is
subject
to
developing
27
a
multiyear
plan
and
budget
with
the
board
to
include
all
28
rate-regulated
public
utilities
owning
or
operating
an
electric
29
power
generating
facility
instead
of
rate-regulated
public
30
utilities
owned
by
one
or
more
electric
power
generating
31
facilities
fueled
by
coal
and
located
in
Iowa
on
July
1,
2001.
32
The
bill
modifies
the
content
of
the
multiyear
plan
and
budget
33
from
including
cost-effective
emission
management
to
a
plan
34
and
budget
for
the
area
served
by
the
utility
that
provides
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reliable,
secure,
and
low-emission
electricity
at
the
lowest
1
cost.
2
The
bill
provides
that
the
plan
and
budget
shall
include
3
information
relating
to
electricity
requirements
for
the
area,
4
needs
for
the
electricity
project,
future
potential
demand
5
capabilities,
future
nonutility
energy
resources
in
the
area,
6
efficient
planning,
alternative
planning,
and
other
information
7
the
board
requires.
8
The
bill
updates
the
date
for
the
filing
of
the
initial
9
multiyear
plan
and
budget
to
be
April
1,
2024,
and
modifies
10
subsequent
plan
and
budget
update
requirements
in
a
contested
11
case
proceeding.
The
bill
provides
that
every
24
months,
12
subsequent
updates
shall
be
considered
in
a
contested
case
13
proceeding,
except
where
the
board
determines
an
earlier
update
14
is
necessary.
15
The
bill
maintains
the
requirement
for
the
department
of
16
natural
resources
(DNR)
to
state
whether
a
plan
or
update
meets
17
applicable
state
or
environmental
laws
and
strikes
language
18
relating
to
the
DNR
to
recommend
plan
adaptations.
The
bill
19
adds
criteria
for
the
board
to
use
in
determining
whether
a
20
plan
or
update
and
associated
budget
balance
costs
and
other
21
considerations.
Current
law
provides
that
the
board
shall
22
reject
a
plan
or
update
that
does
not
meet
applicable
state
23
environmental
requirements
or
federal
standards
as
determined
24
by
the
DNR,
and
that
the
board
shall
review
and
approve
the
25
plan,
update,
and
budget
if
the
plan,
update,
and
budget
are
26
reasonably
expected
to
achieve
cost-effective
compliance
27
with
applicable
state
environmental
requirements
and
federal
28
standards.
29
The
bill
strikes
provisions
relating
to
subsequent
30
extensions
of
timelines
for
a
public
utility’s
filing
of
a
31
plan,
update,
or
budget.
32
The
bill
provides
that
a
utility
may
modify
plans
and
provide
33
notice
to
the
board.
The
board
shall
have
30
days
to
respond
34
by
indicating
no
objection,
ordering
a
contested
case,
or
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requesting
more
information.
1
The
bill
strikes
the
intent
language
providing
that
the
2
board
has
ability
to
limit
certain
investments
or
expenditures.
3
The
bill
provides
that
the
board
shall
adopt
rules
4
concerning
plan
and
budget
submission.
5
The
bill
takes
effect
upon
enactment.
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