Senate Study Bill 1256 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON WAYS AND MEANS BILL BY CHAIRPERSON FEENSTRA) A BILL FOR 1 An Act relating to energy efficiency and demand response 2 plan filing requirements for certain public utilities, and 3 including effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2816XC (2) 88 gh/rn S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Section 1. Section 476.6, subsection 15, paragraph c, subparagraphs (2) and (4), Code 2019, are amended to read as follows: (2) Notwithstanding the goals developed pursuant to paragraph “b”, the board shall not require allow a gas utility to adopt an energy efficiency plan that results in projected cumulative average annual costs that exceed one and one-half percent of the gas utility’s expected annual Iowa retail rate revenue from retail customers in the state, shall not require allow an electric utility to adopt an energy efficiency plan that results in projected cumulative average annual costs that exceed two percent of the electric utility’s expected annual Iowa retail rate revenue from retail customers in the state, and shall not require allow an electric utility to adopt a demand response plan that results in projected cumulative average annual costs that exceed two percent of the electric utility’s expected annual Iowa retail rate revenue from retail customers in the state. For purposes of determining the two percent threshold amount, the board shall exclude from an electric utility’s expected annual Iowa retail rate revenue the revenues expected from customers that have received exemptions from energy efficiency plans pursuant to paragraph “a”. The board shall not allow recovery of costs of an energy efficiency plan or demand response plan pursuant to paragraph “e”, subparagraph (1), inclusive of assessments remitted under section 476.10A, in excess of the one and one-half or two percent threshold amount, as applicable, for each plan year. This subparagraph shall apply to energy efficiency plans and demand response plans that are effective on or after January 1, 2019. (4) The board shall approve, reject, or modify a plan filed pursuant to this subsection no later than March 31, 2019. If the board fails to approve, reject, or modify a plan filed by a gas or electric utility on or before such date, any plan filed by the gas or electric utility that was approved -1- LSB 2816XC (2) 88 gh/rn 1/3 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 by the board prior to May 4, 2018, shall be terminated. The board shall not require allow a gas or electric utility to implement an energy efficiency plan or demand response plan that does not meet the requirements of this subsection. For any plan approved by the board after January 1, 2019, in excess of the one and one-half or two percent threshold amount established in subparagraph (2), as applicable, inclusive of assessments remitted under section 476.10A, the gas or electric utility subject to the plan shall file a plan modification with the board within thirty days of the effective date of this Act in order to comply with the one and one-half or two percent threshold amount established in subparagraph (2), as applicable. The board shall approve such plan modification within thirty days of filing without docketing the case as a formal proceeding and without further modification, provided that the only modification to the plan as filed by the gas or electric utility is to adjust the plan and budget in order to comply with the one and one-half or two percent threshold amount established in subparagraph (2), as applicable. Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate importance, takes effect upon enactment. EXPLANATION 23 24 The inclusion of this explanation does not constitute agreement with the explanation’s substance by the members of the general assembly. 25 26 27 28 29 30 31 32 33 34 35 This bill modifies energy efficiency and demand response plan filing requirements for certain public utilities. Current law requires rate-regulated electric utilities to file five-year energy efficiency plans with the Iowa utilities board, and rate-regulated gas utilities to file five-year energy efficiency plans with the board. The board shall not require a gas utility to adopt a plan that results in projected cumulative average annual costs that exceed 1.5 percent of its expected annual Iowa retail rate revenue, and the board shall not require an electric utility to adopt a plan that results in projected cumulative average annual costs that exceed 2 percent -2- LSB 2816XC (2) 88 gh/rn 2/3 S.F. _____ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 of its expected annual Iowa retail rate revenue. The bill provides that the board shall not allow a gas or electric utility to adopt a plan that exceeds the 1.5 or 2 percent threshold amount, as applicable. The board shall not allow plan cost recovery, inclusive of assessments remitted under Code section 476.10A for the Iowa energy center and the center for global and regional environmental research, in excess of the applicable threshold amount, for each plan year. The bill provides that for any plan approved by the board after January 1, 2019, in excess of the applicable threshold amount, inclusive of assessments remitted under Code section 476.10A, the gas or electric utility subject to the plan shall file a plan modification with the board within 30 days of the effective date of the bill in order to comply with the applicable threshold amount. The board shall approve such plan modification within 30 days of filing without a formal proceeding and without further modification, provided that the only modification to such plan is to adjust the plan and budget in order to comply with the applicable threshold amount. The bill takes effect upon enactment. -3- LSB 2816XC (2) 88 gh/rn 3/3