Bill Text: IA SSB1158 | 2023-2024 | 90th General Assembly | Introduced


Bill Title: A bill for an act relating to diesel fuel priority for a public utility.

Spectrum: Committee Bill

Status: (Introduced) 2023-02-28 - Subcommittee recommends amendment and passage. []. [SSB1158 Detail]

Download: Iowa-2023-SSB1158-Introduced.html
Senate Study Bill 1158 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON BROWN) A BILL FOR An Act relating to diesel fuel priority for a public utility. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 1633XC (6) 90 es/rn
S.F. _____ Section 1. NEW SECTION . 476.57 Diesel fuel priority —— 1 public utilities. 2 1. Where a regional transmission organization declares 3 an energy or capacity emergency, or otherwise requires a 4 public utility furnishing electricity to commit or operate a 5 diesel-fueled electric generating unit, the public utility may 6 request the board to take the following actions: 7 a. Direct the department of natural resources to suspend 8 any requirements of 567 IAC 23.1(4), emission standards for 9 hazardous air pollutants for source categories, as applicable 10 to a diesel-fueled electric generating unit to the extent the 11 requirements prevent diesel-fueled electric generating units 12 from being classified as emergency units. 13 b. Direct the department of natural resources to suspend 14 any requirements of 567 IAC 23.1(4), emission standards for 15 hazardous air pollutants for source categories, as applicable 16 to a diesel-fueled electric generating unit to the extent the 17 requirements require a public utility to count the number 18 of operational hours during emergency conditions toward the 19 maximum number of hours for testing purposes. 20 c. Issue a priority service order to any diesel fuel seller 21 supplying diesel fuel to the public utility, as follows: 22 (1) The request from the public utility shall specify the 23 amount of fuel necessary to continue furnishing electricity 24 during the emergency conditions. 25 (2) Upon receiving the request for priority service, 26 the board shall verify the existence of the energy or 27 capacity-related emergency conditions and determine whether the 28 amount of fuel requested is reasonable. 29 (3) Upon verification of the emergency conditions, the 30 board shall issue an order directing the diesel fuel supplier 31 to grant the public utility a right of first refusal to acquire 32 diesel fuel at the spot market price. 33 2. A diesel fuel supplier that does not comply with an order 34 issued pursuant to subsection 1, paragraph “c” , is subject to 35 -1- LSB 1633XC (6) 90 es/rn 1/ 3
S.F. _____ penalties under section 476.51. 1 3. The board and the department of natural resources shall 2 coordinate with a public utility making a request under this 3 section in order to identify the appropriate regulations and 4 requirements. 5 4. For purposes of this section, “spot market” means a 6 financial market in which financial instruments or commodities 7 are traded for immediate delivery. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 This bill relates to diesel fuel priority for a public 12 utility. 13 The bill requires diesel fuel sellers in Iowa to give 14 priority service to a public utility operating a diesel 15 electric generation unit in response to a directive from the 16 regional transmission operator of the public utility during a 17 declared energy or capacity emergency. The public utility may 18 request for the Iowa utilities board (board) to take specified 19 actions, including directing the department of natural 20 resources to suspend requirements in 567 Iowa administrative 21 code 23.1(4) relating to emission standards for hazardous air 22 pollutants to prevent diesel-fueled electric generating units 23 from being classified as emergency units or count the hours 24 during emergency conditions toward the maximum number of hours 25 for testing purposes. 26 The bill allows a public utility to request the board to 27 issue a priority service order to any diesel fuel seller 28 supplying diesel fuel to the public utility. The public 29 utility shall specify the amount of fuel necessary to continue 30 furnishing electricity during the emergency conditions. The 31 board, after receiving the public utility’s request for 32 priority service, shall verify the existence of the energy or 33 capacity-related emergency conditions and determine whether 34 the amount of fuel requested is reasonable, and issue an 35 -2- LSB 1633XC (6) 90 es/rn 2/ 3
S.F. _____ order directing the diesel fuel supplier to grant the public 1 utility a right of first refusal to acquire diesel fuel at the 2 spot market price. The bill defines “spot market” to mean a 3 financial market where financial instruments or commodities are 4 traded for immediate delivery. 5 The bill requires the board and the department of natural 6 resources to coordinate with a public utility to identify the 7 appropriate regulations and requirements. 8 -3- LSB 1633XC (6) 90 es/rn 3/ 3
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