Bill Text: IA SF2104 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act exempting persons furnishing electricity from solar energy conversion facilities to designated entities under specified circumstances from public utility regulation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-01 - Introduced, referred to Commerce. S.J. 163. [SF2104 Detail]
Download: Iowa-2011-SF2104-Introduced.html
Senate
File
2104
-
Introduced
SENATE
FILE
2104
BY
JOCHUM
A
BILL
FOR
An
Act
exempting
persons
furnishing
electricity
from
solar
1
energy
conversion
facilities
to
designated
entities
under
2
specified
circumstances
from
public
utility
regulation.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2104
Section
1.
Section
476.1,
Code
2011,
is
amended
to
read
as
1
follows:
2
476.1
Applicability
of
authority.
3
1.
The
utilities
board
within
the
utilities
division
of
the
4
department
of
commerce
shall
regulate
the
rates
and
services
of
5
public
utilities
to
the
extent
and
in
the
manner
hereinafter
6
provided.
7
2.
a.
As
used
in
this
chapter
,
“board”
or
“utilities
board”
8
means
the
utilities
board
within
the
utilities
division
of
the
9
department
of
commerce.
10
b.
As
used
in
this
chapter
,
“public
utility”
shall
include
11
any
person,
partnership,
business
association,
or
corporation,
12
domestic
or
foreign,
owning
or
operating
any
facilities
for:
13
1.
(1)
Furnishing
gas
by
piped
distribution
system
or
14
electricity
to
the
public
for
compensation.
15
2.
(2)
Furnishing
communications
services
to
the
public
for
16
compensation.
17
3.
(3)
Furnishing
water
by
piped
distribution
system
to
the
18
public
for
compensation.
19
3.
Mutual
telephone
companies
in
which
at
least
fifty
20
percent
of
the
users
are
owners,
cooperative
telephone
21
corporations
or
associations,
telephone
companies
having
less
22
fewer
than
fifteen
thousand
customers
and
less
fewer
than
23
fifteen
thousand
access
lines,
municipally
owned
utilities,
24
and
unincorporated
villages
which
own
their
own
distribution
25
systems
are
not
subject
to
the
rate
regulation
provided
for
in
26
this
chapter
.
27
This
chapter
does
not
apply
to
waterworks
having
less
than
28
two
thousand
customers,
municipally
owned
waterworks,
joint
29
water
utilities
established
pursuant
to
chapter
389
,
rural
30
water
districts
incorporated
and
organized
pursuant
to
chapters
31
357A
and
504
,
cooperative
water
associations
incorporated
and
32
organized
pursuant
to
chapter
499
,
or
to
a
person
furnishing
33
electricity
to
five
or
fewer
customers
either
by
secondary
line
34
or
from
an
alternate
energy
production
facility
or
small
hydro
35
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S.F.
2104
facility,
from
electricity
that
is
produced
primarily
for
the
1
person’s
own
use.
2
4.
A
telephone
company
otherwise
exempt
from
rate
3
regulation
and
having
telephone
exchange
facilities
which
cross
4
state
lines
may
elect,
in
a
writing
filed
with
the
board,
to
5
have
its
rates
regulated
by
the
board.
When
a
written
election
6
has
been
filed
with
the
board,
the
board
shall
assume
rate
7
regulation
jurisdiction
over
the
company.
8
5.
The
jurisdiction
of
the
board
under
this
chapter
9
shall
include
efforts
designed
to
promote
the
use
of
energy
10
efficiency
strategies
by
rate
or
service-regulated
gas
and
11
electric
utilities.
12
6.
This
chapter
does
not
apply
to
the
following:
13
a.
Waterworks
having
fewer
than
two
thousand
customers.
14
b.
Municipally
owned
waterworks.
15
c.
Joint
water
utilities
established
pursuant
to
chapter
16
389.
17
d.
Rural
water
districts
incorporated
and
organized
pursuant
18
to
chapters
357A
and
504.
19
e.
Cooperative
water
associations
incorporated
and
organized
20
pursuant
to
chapter
499.
21
f.
Persons
furnishing
electricity
to
five
or
fewer
customers
22
either
by
secondary
line
or
from
an
alternate
energy
production
23
facility
or
small
hydro
facility,
from
electricity
that
is
24
produced
primarily
for
the
person’s
own
use.
25
g.
Persons
furnishing
electricity
to
a
political
subdivision
26
of
the
state,
or
to
an
organization
qualifying
under
section
27
501(c)(3)
of
the
Internal
Revenue
Code
as
an
organization
28
exempt
from
taxation,
from
a
solar
energy
conversion
facility
29
pursuant
to
a
power
purchase
agreement
whereby
the
electricity
30
is
used
on
the
real
property
where
the
facility
is
located.
31
EXPLANATION
32
This
bill
provides
that
persons
furnishing
electricity
to
33
a
political
subdivision
of
the
state,
or
to
an
organization
34
qualifying
under
section
501(c)(3)
of
the
Internal
Revenue
Code
35
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S.F.
2104
as
an
organization
exempt
from
taxation,
from
a
solar
energy
1
conversion
facility
pursuant
to
a
power
purchase
agreement
2
whereby
the
electricity
is
used
on
the
real
property
where
the
3
facility
is
located
shall
not
be
considered
a
public
utility
4
subject
to
regulation
under
Code
chapter
476.
5
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