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Senate
File
585
-
Introduced
SENATE
FILE
585
BY
COMMITTEE
ON
COMMERCE
(SUCCESSOR
TO
SSB
1112)
(COMPANION
TO
HF
834
BY
COMMITTEE
ON
COMMERCE)
A
BILL
FOR
An
Act
relating
to
energy
systems
by
modifying
electric
power
1
generation,
energy
storage,
and
transmission
facility
2
ratemaking
principles,
creating
tariffs
for
public
utility
3
innovation
programs,
implementing
land
restoration
4
standards,
including
right
of
first
refusal,
modifying
5
the
energy
infrastructure
revolving
loan
program,
and
6
creating
regulations
for
anaerobic
digester
systems,
making
7
appropriations,
providing
penalties,
and
including
effective
8
date
and
applicability
provisions.
9
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
10
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DIVISION
I
1
ELECTRIC
POWER
GENERATION,
ENERGY
STORAGE,
AND
TRANSMISSION
2
FACILITY
RATEMAKING
PRINCIPLES
3
Section
1.
NEW
SECTION
.
476.52A
Definitions.
4
As
used
in
this
subchapter
unless
the
context
otherwise
5
requires:
6
1.
“Alternate
energy
production
facility”
means
the
same
as
7
defined
in
section
476.42.
8
2.
“Energy
storage”
means
any
system,
equipment,
facility,
9
or
technology
that
is
capable
of
absorbing
energy,
storing
the
10
energy
for
a
period
of
time,
and
dispatching
the
energy
through
11
one
of
the
following
manners:
12
a.
Using
mechanical,
electrochemical,
thermal,
13
electrolysis,
or
other
processes
to
convert
and
store
electric
14
energy
that
was
generated
at
an
earlier
time
for
use
at
a
later
15
time.
16
b.
Using
mechanical,
electrochemical,
biochemical,
or
17
thermal
processes
to
convert
and
store
energy
generated
18
from
mechanical
processes
that
would
otherwise
be
wasted
for
19
delivery
at
a
later
time.
20
c.
Storing
energy
in
an
electric,
thermal,
or
gaseous
21
state
for
direct
use
for
heating
or
cooling
at
a
later
time
22
in
a
manner
that
avoids
the
need
to
use
electricity
or
other
23
fuel
sources
at
that
later
time,
such
as
a
grid-enabled
water
24
heater.
25
3.
“Nuclear
reactor”
means
an
apparatus
designed
to
produce
26
electrical
or
heat
energy
through
sustained
nuclear
fission
in
27
a
self-supporting
chain
reaction.
28
4.
“Repowering”
means
either
the
complete
dismantling
and
29
replacement
of
generation
equipment
at
an
existing
project
30
site,
or
the
installation
of
new
parts
and
equipment
to
an
31
existing
alternate
energy
production
facility
in
order
to
32
increase
energy
production,
reduce
load,
increase
service
33
capacity,
improve
project
reliability,
or
extend
the
useful
34
life
of
the
facility.
35
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Sec.
2.
Section
476.53,
subsection
1,
Code
2025,
is
amended
1
to
read
as
follows:
2
1.
It
is
the
intent
of
the
general
assembly
to
attract
3
the
development
of
electric
power
generating
,
energy
storage,
4
and
transmission
facilities
within
the
state
in
sufficient
5
quantity
to
ensure
reliable
electric
service
to
Iowa
consumers
,
6
ensure
an
adequate
base
load,
and
provide
economic
benefits
to
7
the
state.
Ensuring
reliable
electric
service
and
providing
8
economic
benefits
may
require
public
utilities
to
consider
9
diverse
electric
power
generating
technologies
and
energy
10
storage
technologies,
including
alternate
energy
production
11
facilities,
nuclear
reactors,
and
energy
storage
facilities.
12
It
is
also
the
intent
of
the
general
assembly
to
encourage
13
rate-regulated
public
utilities
to
consider
altering
existing
14
electric
power
generating
facilities,
where
when
reasonable,
15
to
manage
carbon
emission
intensity
in
order
to
facilitate
the
16
transition
to
a
carbon-constrained
environment.
It
is
also
the
17
intent
of
the
general
assembly
to
encourage
the
development
18
of
nuclear
electric
power
generation
within
the
state
using
19
nuclear
reactors
and
to
use
nuclear
power
to
meet
local
and
20
regional
electric
needs.
21
Sec.
3.
Section
476.53,
subsection
3,
paragraphs
a,
b,
c,
22
and
d,
Code
2025,
are
amended
to
read
as
follows:
23
a.
The
commission
shall
specify
in
advance,
by
order
issued
24
after
conduct
a
contested
case
proceeding
,
the
ratemaking
25
principles
that
will
apply
when
the
costs
of
the
electric
power
26
generating
facility
or
alternate
energy
production
facility
are
27
included
in
regulated
electric
rates
whenever
a
rate-regulated
28
public
utility
does
seeks
ratemaking
principles
for
any
of
the
29
following:
30
(1)
(a)
Files
an
application
pursuant
to
section
476A.3
31
to
construct
The
costs
of
constructing
in
Iowa
a
baseload
an
32
electric
power
generating
facility
with
a
nameplate
generating
33
capacity
equal
to
or
greater
than
three
hundred
forty
megawatts
34
or
a
combined-cycle
electric
power
generating
facility
,
or
an
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alternate
energy
production
facility
as
defined
in
section
1
476.42
,
or
an
energy
storage
facility,
or
the
construction
2
costs
to
significantly
alter
an
existing
electric
power
3
generating
facility
,
alternate
energy
production
facility,
or
4
energy
storage
facility
.
For
purposes
of
this
subparagraph,
5
a
significant
alteration
of
an
existing
generating
facility
,
6
alternate
energy
production
facility,
or
energy
storage
7
facility
must,
in
order
to
qualify
for
establishment
of
8
ratemaking
principles,
fall
into
one
of
the
following
9
categories:
10
(i)
Conversion
of
a
coal
fueled
an
electric
power
generating
11
facility
into
a
gas
fueled
to
an
alternate
fuel
type
for
the
12
electric
power
generating
facility.
13
(ii)
Addition
of
carbon
capture
and
storage
facilities
at
a
14
coal
fueled
to
an
existing
electric
power
generating
facility.
15
(iii)
Addition
of
gas
fueled
capability
to
a
coal
fueled
16
facility,
in
order
to
convert
the
facility
to
one
that
will
17
rely
primarily
on
gas
for
future
generation
facilities
to
18
capture
exhaust
heat
and
thereby
generate
additional
electric
19
power
at
an
existing
electric
power
generating
facility
.
20
(iv)
Addition
of
a
biomass
fueled
capability
to
a
coal
21
fueled
facility.
22
(v)
(iv)
Repowering
of
an
alternate
energy
production
23
facility.
For
purposes
of
this
subparagraph
subdivision,
24
“repowering”
shall
mean
either
the
complete
dismantling
and
25
replacement
of
generation
equipment
at
an
existing
project
26
site,
or
the
installation
of
new
parts
and
equipment
to
an
27
existing
alternate
energy
production
facility
in
order
to
28
increase
energy
production,
reduce
load,
increase
service
29
capacity,
improve
project
reliability,
or
extend
the
useful
30
life
of
the
facility.
31
(v)
Addition
of
energy
storage
at
an
existing
electric
power
32
generating
facility,
alternate
energy
production
facility,
or
33
energy
storage
facility.
34
(b)
With
respect
to
a
significant
alteration
of
an
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existing
generating
facility,
an
original
facility
shall
1
not
be
required
to
be
either
a
baseload
or
a
combined-cycle
2
facility.
Only
only
the
incremental
investment
undertaken
3
by
a
utility
under
subparagraph
division
(a),
subparagraph
4
subdivision
(i),
(ii),
or
(iii),
or
(iv)
shall
be
eligible
5
to
apply
the
ratemaking
principles
established
by
the
order
6
issued
pursuant
to
paragraph
“e”
.
Facilities
for
which
advanced
7
advance
ratemaking
principles
are
obtained
pursuant
to
this
8
section
shall
not
be
subject
to
a
subsequent
commission
review
9
pursuant
to
section
476.6,
subsection
19
,
to
the
extent
that
10
the
investment
has
been
considered
by
the
commission
under
11
this
section
.
To
the
extent
an
eligible
utility
has
been
12
authorized
to
make
capital
investments
subject
to
section
13
476.6,
subsection
19
,
such
investments
shall
not
be
eligible
14
for
ratemaking
principles
pursuant
to
this
section
.
15
(2)
Leases
or
owns
When
leased
or
owned
in
Iowa,
in
whole
or
16
in
part,
a
new
baseload
electric
power
generating
facility
with
17
a
nameplate
generating
capacity
equal
to
or
greater
than
three
18
hundred
forty
megawatts
or
a
combined-cycle
electric
power
19
generating
,
a
new
energy
storage
facility,
or
a
new
alternate
20
energy
production
facility
as
defined
in
section
476.42
.
21
b.
If
the
commission
finds
that
the
utility’s
application
22
meets
the
requirements
of
paragraph
“c”
,
the
commission
shall
23
specify
by
order
issued
after
the
contested
case
proceeding
24
the
ratemaking
principles
that
will
apply
when
the
costs
of
25
the
electric
power
generating
facility
or
alternate
energy
26
production
facility
are
included
in
regulated
electric
rates.
27
In
determining
the
applicable
ratemaking
principles,
the
28
commission
shall
not
be
limited
to
traditional
ratemaking
29
principles
or
traditional
cost
recovery
mechanisms.
Among
the
30
principles
and
mechanisms
the
commission
may
consider,
the
31
commission
has
the
authority
to
approve
ratemaking
principles
32
proposed
by
a
rate-regulated
public
utility
that
provide
for
33
reasonable
restrictions
upon
the
ability
of
the
public
utility
34
to
seek
a
general
increase
in
electric
rates
under
section
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476.6
for
at
least
three
years
after
the
generating
facility
1
begins
providing
service
to
Iowa
customers.
2
c.
In
determining
the
applicable
ratemaking
principles,
the
3
commission
shall
make
the
following
findings:
4
(1)
The
rate-regulated
public
utility
has
in
effect
a
5
commission-approved
energy
efficiency
plan
as
required
under
6
section
476.6,
subsection
15
.
7
(2)
The
rate-regulated
public
utility
has
demonstrated
to
8
the
commission
that
the
public
utility
has
considered
other
9
sources
for
long-term
electric
supply
and
that
the
facility
or
10
lease
is
reasonable
when
compared
to
other
feasible
alternative
11
sources
of
supply.
The
rate-regulated
public
utility
shall
12
provide
support
of
reasonability
with
an
electric
utility
13
resource
plan
pursuant
to
section
476.53C
that
has
been
updated
14
no
more
than
twenty-four
months
prior
to
the
filing
of
the
15
public
utility’s
application.
16
d.
The
applicable
ratemaking
principles
shall
be
determined
17
in
a
contested
case
proceeding
,
which
proceeding
required
by
18
paragraph
“a”
may
be
combined
with
the
proceeding
for
issuance
19
of
a
certificate
conducted
pursuant
to
chapter
476A
.
20
Sec.
4.
NEW
SECTION
.
476.53B
Commission
authority
and
21
proceedings.
22
The
commission
shall
adopt
rules
pursuant
to
chapter
17A
23
to
provide
for
the
completion
of
proceedings
under
section
24
476.53
within
ten
months
after
the
date
of
the
filing
of
an
25
application
under
section
476.53,
subsection
3.
The
rules
26
shall
include
reasonable
time
limitations
for
the
submission
or
27
completion
of
comments
and
testimony,
and
exhibits,
briefs,
and
28
hearings,
and
may
provide
for
the
granting
of
additional
time
29
upon
the
request
of
a
party
to
the
proceeding
for
good
cause
30
shown.
31
Sec.
5.
NEW
SECTION
.
476.53C
Electric
utility
resource
32
planning.
33
1.
An
electric
utility
required
to
be
rate-regulated
by
the
34
commission
shall
file
a
resource
plan
at
least
once
every
five
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years.
A
resource
plan
shall
consider
all
reasonable
resources
1
proposed
by
the
utility
for
meeting
the
probable
future
demand
2
for
energy,
including
supply
resources
and
conservation
and
3
management
of
demand.
For
conservation
and
management
of
4
demand,
an
electric
utility’s
resource
plan
shall
include
5
programs
approved
in
the
electric
utility’s
most
recent
energy
6
efficiency
plan
approved
by
the
commission
under
section
476.6,
7
subsection
15.
The
objectives
of
a
resource
plan
include
but
8
are
not
limited
to
adequate,
cost-effective,
and
reliable
9
energy
service
considering
costs,
fuel
diversity,
and
probable
10
future
demand
for
energy.
A
resource
plan
shall
not
require
a
11
specific
outcome
or
specific
investment
decisions.
A
resource
12
plan
shall
reflect
the
circumstances
and
management
judgment
13
of
an
electric
utility.
This
section
does
not
restrict
an
14
electric
utility
from
making
planning
decisions
based
on
future
15
resource
needs
subject
to
the
ratemaking
oversight
of
the
16
commission.
17
2.
The
commission
shall
review
a
resource
plan.
Within
18
ninety
days
of
filing
the
final
resource
plan,
the
commission
19
shall
issue
an
order
acknowledging
it
has
received
the
plan.
20
In
the
order
acknowledging
receipt,
the
commission
may
provide
21
recommendations
to
an
electric
utility
regarding
any
additional
22
analyses
or
actions
that
the
electric
utility
should
consider
23
completing
in
its
next
resource
plan.
24
3.
The
commission
shall
adopt
rules
pursuant
to
chapter
25
17A
regarding
the
timeline
and
stakeholder
process
to
review
26
and
provide
comments
on
the
resource
plan.
The
stakeholder
27
process
shall
include
the
electric
utility
organizing
and
28
facilitating
a
stakeholder
conference
for
the
resource
plan.
29
The
stakeholder
conference
shall
include
representatives
of
the
30
commission,
the
consumer
advocate,
and
the
electric
utility’s
31
customers.
The
electric
utility
shall
make
a
good
faith
effort
32
to
inform
and
consider
input
from
the
commission,
the
consumer
33
advocate,
and
stakeholders.
34
DIVISION
II
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TARIFFS
FOR
PUBLIC
UTILITY
INNOVATION
PROGRAMS
1
Sec.
6.
Section
476.6,
Code
2025,
is
amended
by
adding
the
2
following
new
subsection:
3
NEW
SUBSECTION
.
22.
Innovative
utility
programs.
4
a.
It
is
the
intent
of
the
general
assembly
to
encourage
5
public
utilities
to
pursue
innovation
in
pricing
and
programs
6
to
meet
the
dynamic
needs
of
current
and
prospective
customers,
7
enable
price-responsive
solutions,
and
to
provide
economic,
8
environmental,
employment,
and
other
benefits
to
the
state.
9
It
is
also
the
intent
of
the
general
assembly
that
these
10
new
endeavors
shall
not
negatively
impact
nonparticipating
11
customers.
Therefore,
the
general
assembly
declares
that
12
innovative
utility
programs
are
essential
to
further
the
13
attraction
and
retention
of
customers
to
benefit
the
state’s
14
economy
and
to
support
economical
and
sustainable
energy
15
production.
16
b.
(1)
A
tariff
authorized
under
this
subsection
shall
17
comply
with
all
of
the
following
conditions:
18
(a)
A
program
created
under
the
tariff
shall
be
available
to
19
interested
energy
customers
and
customer
participation
shall
20
be
optional.
21
(b)
A
tariff
shall
define
the
eligible
customer
groups.
22
(c)
An
eligible
customer
group
shall
not
exclude
directly
23
competing
customers
in
the
same
customer
service
territory.
24
For
purposes
of
this
subparagraph,
“directly
competing
25
customers”
means
customers
that
make
the
same
end
product
or
26
offer
the
same
service
for
the
same
general
group
of
customers,
27
and
excludes
customers
that
only
produce
component
parts
of
the
28
same
end
product.
29
(d)
Participating
customers
shall
bear
all
program
costs.
30
Program
costs
include
direct
costs
associated
with
the
31
construction,
operation,
maintenance,
and
interconnection
of
32
facilities,
including
new
transmission
infrastructure
directly
33
arising
from
the
tariff
program
and
costs
related
to
the
34
implementation
of
tariff
programs.
Participants
in
a
tariff
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approved
pursuant
to
this
section
shall
participate
in
future
1
indirect
costs
allocated
to
customers
of
that
utility
without
2
regard
for
the
existence
of
a
tariff
approved
pursuant
to
this
3
section.
4
(e)
A
tariff
shall
not
alter
the
existing
base
rates
or
5
charges
of
the
public
utility.
Refund,
credit,
or
waiver
of
6
existing
base
rates
or
charges
offered
as
part
of
the
program
7
shall
not
be
considered
an
alteration
of
existing
base
rates
8
or
charges.
9
(f)
The
program
created
under
the
tariff
shall
not
10
negatively
impact
nonparticipating
customers.
Additional
11
costs
incurred
by
nonparticipating
customers
due
to
costs
12
arising
from
the
tariff,
tariff
participants
no
longer
sharing
13
in
customer
class
costs,
or
decreased
customer
benefit
from
14
existing
infrastructure
shall
be
considered
negative
impacts.
15
(2)
A
tariff
authorized
under
this
subsection
may
include
16
any
of
the
following:
17
(a)
Recovery
of
costs
associated
with
program-specific
18
services
or
facilities,
including
but
not
limited
to
energy
19
storage,
renewable
hydrogen,
transmission,
electric
generating
20
facilities,
electric
distribution
facilities,
renewable
natural
21
gas
generation
facilities,
renewable
natural
gas
distribution
22
facilities,
utility-assisted
hourly
prices,
or
liquefied
23
natural
gas
facilities,
or
administrative
and
other
overhead
24
costs
relating
to
the
same.
25
(b)
A
negotiated
rate
of
return,
for
new
or
existing
26
facilities
or
services
provided
by
the
electric
utility
that
27
are
serving
the
program
created
under
the
tariff,
applicable
to
28
the
program
for
its
duration.
The
use
of
existing
facilities
29
would
require
reconciliation
of
impact
to
existing
customers
30
and
would
no
longer
be
subject
to
previously
approved
advance
31
ratemaking
principles.
In
the
event
that
the
tariff
or
its
32
eligible
customer
class
cease
to
exist,
no
charges
shall
be
33
imposed
on
or
costs
recovered
from
existing
customers
unless
34
approved
in
a
general
rate
case.
A
utility
may
seek
to
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demonstrate
the
prudence,
necessity,
and
use
and
usefulness
1
of
program-specific
facilities
or
services
as
defined
in
2
subparagraph
division
(a)
and
recovery
of
costs
for
the
same
in
3
a
general
rate
proceeding,
without
any
presumption
regarding
4
approval
of
such
request.
5
(c)
Application
of
the
program
to
readily
identifiable
6
customer
usage
patterns,
customer
characteristics,
or
output
7
of
specified
facilities.
8
(d)
Assignment
of
program
benefits,
including
nonmonetary
9
benefits
that
may
derive
from
dynamically
balancing
supply
and
10
demand,
providing
ancillary
services,
or
the
production
of
11
renewable
energy
attributes.
12
(e)
Refund,
credit,
or
waive
the
base
rate
or
charge
for
13
the
replaced
service
when
the
program
created
under
the
tariff
14
replaces
a
service
for
which
the
public
utility
collects
an
15
existing
base
rate
or
charge.
A
participating
customer
shall
16
pay
the
costs
of
remaining
services
received
from
the
public
17
utility
unless
those
costs
are
refunded,
credited,
or
waived
18
under
the
program
created
by
the
tariff.
19
(3)
If
a
utility
can
demonstrate
to
the
commission
that
20
a
proposed
tariff
generates
excess
revenue
for
the
utility
21
as
compared
to
total
revenue
without
the
tariff,
such
excess
22
revenue
may
be
retained
by
the
utility.
23
c.
(1)
A
public
utility’s
participation
under
this
24
subsection
is
not
mandatory.
A
public
utility
that
elects
to
25
propose
a
tariff
or
tariff
amendment
under
this
subsection
26
shall
file
an
application
for
approval
with
the
commission.
27
The
application
shall
include
an
identification
of
costs
and
28
benefits
related
to
the
program
for
the
commission’s
review
of
29
the
conditions
specified
in
paragraph
“b”
,
subparagraph
(1).
30
(2)
Within
thirty
days,
the
commission
shall
approve,
deny,
31
or
docket
for
further
review
an
application
for
a
tariff
or
32
amended
tariff
submitted
pursuant
to
this
subsection.
If
the
33
application
is
docketed
for
further
review,
the
commission
34
shall
render
a
decision
within
ninety
days
from
the
date
of
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application
filing
unless
an
objection
has
been
filed
with
the
1
commission.
If
the
application
proposes
to
amend
a
tariff
2
previously
approved
under
this
subsection,
the
commission
shall
3
not
reconsider
existing
programs
previously
approved
under
the
4
tariff
unless
proposed
as
part
of
the
amendment.
All
further
5
review
shall
be
conducted
as
a
contested
case
pursuant
to
6
chapter
17A.
7
(3)
If
the
application
proposes
to
amend
a
tariff
previously
8
approved
under
this
subsection
as
described
in
paragraph
“b”
,
9
subparagraph
(2),
the
commission
shall
act
on
the
application
10
as
described
in
subparagraph
(2)
of
this
paragraph,
but
shall
11
not
reconsider
existing
programs
previously
approved
under
the
12
tariff
unless
proposed
as
part
of
the
amendment.
13
(4)
In
the
exercise
of
its
authority
under
this
subsection,
14
the
commission
shall
not:
15
(a)
Limit
the
number
of
applications
a
public
utility
may
16
file
pursuant
to
this
subsection.
17
(b)
Deny
a
tariff
because
a
public
utility
is
subject
to
an
18
alternative
regulatory
mechanism,
nor
require
a
public
utility
19
subject
to
an
alternative
regulatory
mechanism
to
record
the
20
revenues
and
costs
associated
with
the
program
inconsistent
21
with
the
federal
energy
regulatory
commission’s
uniform
system
22
of
accounts;
provided,
however,
that
this
provision
shall
not
23
prohibit
the
utilities
commission
from
denying
a
tariff
if
the
24
proposed
tariff
would
result
in
detrimental
treatment
of
other
25
customers,
or
require
adjustment
to
the
calculation
of
the
26
alternative
regulatory
mechanism
to
reflect
the
impact
of
an
27
approved
tariff.
28
(c)
Condition
its
approval
on
the
public
utility
changing
29
its
proposal
if
the
public
utility
has
not
agreed
to
such
30
changes.
This
subparagraph
division
shall
not
be
interpreted
31
to
prevent
the
commission
from
identifying
changes
to
the
32
proposal
that
might
result
in
approval.
33
(5)
Tariffs
and
programs
approved
pursuant
to
this
34
subsection
shall
be
rebuttably
presumed
just
and
reasonable
in
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any
subsequent
general
rate
case
proceeding.
1
d.
The
commission
shall
not
condition
approval
or
denial
of
2
a
tariff
on
final
adoption
of
rules
by
the
commission.
3
e.
The
commission
shall
adopt
rules
pursuant
to
chapter
17A
4
to
implement
this
subsection.
5
Sec.
7.
APPLICABILITY.
This
division
of
this
Act
applies
6
to
a
public
utility
filing
an
application
with
the
utilities
7
commission
for
review
of
a
tariff
on
or
after
the
effective
8
date
of
this
division
of
this
Act.
9
DIVISION
III
10
LAND
RESTORATION
——
ELECTRIC
TRANSMISSION
LINES
APPROVED
BY
11
FEDERALLY
REGISTERED
PLANNING
AUTHORITY
TRANSMISSION
PLANS
12
Sec.
8.
Section
478.16,
Code
2025,
is
amended
to
read
as
13
follows:
14
478.16
Electric
transmission
lines
——
federally
registered
15
planning
authority
transmission
plans.
16
1.
Development
and
investment
in
high-voltage
transmission
17
is
urgently
needed
to
ensure
the
reliable,
adequate,
secure,
18
and
stable
delivery
of
electricity
to
consumers.
To
ensure
19
reliable
electric
service
to
the
people
of
Iowa
as
a
matter
20
of
public
policy,
it
is
the
intent
of
the
general
assembly
21
to
express
a
preference
for
further
investment
in
Iowa
22
transmission
infrastructure
by
electric
transmission
owners
who
23
have
already
dedicated
significant
resources
to
develop
the
24
infrastructure
on
which
Iowans
rely
and
who
are
better
able
to
25
provide
reliable
electric
service
to
local
electric
utilities
26
and
retail
customers
in
Iowa.
27
1.
2.
As
used
in
this
section
,
unless
the
context
otherwise
28
requires:
29
a.
“Electric
transmission
line”
means
a
high-voltage
30
electric
transmission
line
located
in
this
state
with
a
31
capacity
voltage
of
one
hundred
kilovolts
or
more
and
any
32
associated
electric
transmission
facility,
including
any
33
substation
or
other
equipment
located
in
this
state
.
34
b.
“Electric
transmission
owner”
means
an
individual
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or
entity
who,
as
of
July
1,
2020,
formed,
located,
or
1
headquartered
in
any
state
who
owns
and
maintains
an
2
electric
transmission
line
in
this
state
that
is
required
3
for
rate-regulated
electric
utilities,
municipal
electric
4
utilities,
and
rural
electric
cooperatives
in
this
state
to
5
provide
electric
service
to
the
public
for
compensation.
6
c.
“Incumbent
electric
transmission
owner”
means
any
an
7
individual
or
entity
meeting
the
definition
of
the
following:
8
(1)
A
public
utility
or
a
municipally
owned
utility
that
9
owns,
operates,
and
maintains
an
electric
transmission
line
in
10
this
state.
11
(2)
An
electric
cooperative
corporation
or
association
or
12
municipally
owned
utility
that
owns
an
electric
transmission
13
facility
in
this
state
and
has
turned
over
the
functional
14
control
of
such
facility
to
a
federally
approved
authority.
15
(3)
An
an
“electric
transmission
owner”
as
defined
in
16
paragraph
“b”
on
or
before
July
1,
2024
.
17
d.
“Landowner”
means
the
same
as
defined
in
section
478.2
18
“Initial
construction”
means
the
construction
necessary
to
19
establish
and
place
an
electric
transmission
line
into
initial
20
operation
.
21
e.
“Load
ratio
share”
means
the
amount,
expressed
as
a
22
percentage,
of
a
public
power
utility’s
electric
load
divided
23
by
the
total
electric
load
in
the
applicable
incumbent
electric
24
transmission
owner’s
pricing
zone.
25
e.
f.
“Municipally
owned
utility”
means
a
“city
utility”
26
as
defined
in
section
362.2
,
or
an
“electric
power
agency”
as
27
defined
in
section
390.9
which
that
is
comprised
solely
of
28
cities
or
solely
of
cities
and
other
political
subdivisions.
29
g.
“Public
power
utility”
means
a
municipally
owned
utility
30
or
an
electric
cooperative
corporation
or
association
that
31
receives
transmission
service
from
an
incumbent
electric
32
transmission
owner,
or
that
is
subject
to
regional
cost
33
allocation
for
the
electric
transmission
line,
or
both.
34
h.
“Qualified
individual”
means
someone
who
is
capable
and
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knowledgable
enough
to
determine
compliance
with
the
standards
1
set
forth
in
this
section.
2
2.
3.
a.
An
incumbent
electric
transmission
owner
has
the
3
right
to
construct,
own,
and
maintain
an
electric
transmission
4
line
that
has
been
approved
for
construction
in
a
federally
5
registered
planning
authority
transmission
plan
and
which
that
6
directly
connects
to
an
electric
transmission
facility
owned
by
7
the
incumbent
electric
transmission
owner.
Where
a
proposed
8
electric
transmission
line
would
directly
connect
to
electric
9
transmission
facilities
owned
by
two
or
more
incumbent
electric
10
transmission
owners,
each
incumbent
electric
transmission
owner
11
whose
facility
connects
to
the
electric
transmission
line
12
has
the
right
to
construct,
own,
and
maintain
the
electric
13
transmission
line
individually
and
equally.
If
an
incumbent
14
electric
transmission
owner
declines
to
construct,
own,
and
15
maintain
its
portion
of
an
electric
transmission
line
that
16
would
connect
to
electric
transmission
facilities
owned
by
17
two
or
more
incumbent
electric
transmission
owners,
then
the
18
other
incumbent
electric
transmission
owner
or
owners
that
19
own
an
electric
transmission
facility
to
which
the
electric
20
transmission
line
connects
has
the
right
to
construct,
own,
and
21
maintain
the
electric
transmission
line
individually.
22
b.
An
eligible
incumbent
electric
transmission
owner
23
exercising
the
right
to
construct,
own,
and
maintain
an
24
electric
transmission
line
pursuant
to
paragraph
“a”
shall
25
offer
public
power
utilities
an
opportunity
to
jointly
own
a
26
portion
of
the
electric
transmission
line
and
such
offer
shall
27
be
in
an
amount
not
less
than
a
public
power
utility’s
load
28
ratio
share,
pursuant
to
a
written
agreement.
Nothing
in
this
29
section
shall
be
construed
to
prohibit
an
incumbent
electric
30
transmission
owner
and
a
public
power
utility
from
agreeing
to
31
joint
ownership
of
an
electric
transmission
line
in
an
amount
32
different
than
the
public
power
utility’s
load
ratio
share.
A
33
public
power
utility
may
transfer
or
assign
joint
ownership
34
rights
acquired
under
this
section
to
another
public
power
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utility
or
group
of
public
power
utilities
by
mutual
consent
of
1
the
eligible
contracting
parties.
2
c.
An
eligible
incumbent
electric
transmission
owner
3
exercising
the
right
to
construct,
own,
and
maintain
an
4
electric
transmission
line
pursuant
to
paragraph
“a”
may
5
contract
with
another
electric
transmission
owner
or
electric
6
public
utility
as
defined
in
section
476.1
to
jointly
own
a
7
portion
of
the
electric
transmission
line
pursuant
to
a
written
8
agreement.
9
d.
For
purposes
of
this
section,
a
municipally
owned
utility
10
or
an
electric
cooperative
corporation
or
association
may
elect
11
to
be
an
incumbent
electric
transmission
owner
or
a
public
12
power
utility
but
cannot
act
as
both
with
respect
to
a
single
13
transmission
line.
14
3.
4.
If
an
electric
transmission
line
has
been
approved
15
for
construction
in
a
federally
registered
planning
authority
16
transmission
plan,
and
the
electric
transmission
line
is
17
not
subject
to
a
right
of
first
refusal
in
accordance
with
18
the
tariff
of
a
federally
registered
planning
authority
19
and
would
otherwise
be
subject
to
a
competitive
developer
20
process
,
then
within
the
later
of
ninety
days
of
approval
for
21
construction
or
ninety
days
after
enactment
of
this
division
22
of
this
Act
,
an
incumbent
electric
transmission
owner,
or
23
owners
if
there
is
more
than
one
owner,
that
owns
a
connecting
24
electric
transmission
facility
shall
give
written
notice
25
to
the
commission
regarding
whether
the
incumbent
electric
26
transmission
owner
or
owners
intend
to
construct,
own,
and
27
maintain
the
electric
transmission
line.
If
the
incumbent
28
electric
transmission
owner
or
owners
give
notice
of
intent
29
to
construct
the
electric
transmission
line,
the
incumbent
30
electric
transmission
owner
or
owners
shall
follow
the
31
applicable
franchise
requirements
pursuant
to
this
chapter
.
32
The
incumbent
electric
transmission
owner
shall
update
the
33
notice
to
construct
an
electric
transmission
line
to
include
34
information
concerning
the
implementation
of
joint
ownership
35
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as
described
in
subsection
3,
paragraphs
“b”
and
“c”
,
within
1
thirty
days
after
a
written
agreement
has
been
reached
between
2
the
parties.
If
the
incumbent
electric
transmission
owner
3
or
owners
give
notice
declining
to
construct
the
electric
4
transmission
line,
the
commission
may
determine
whether
another
5
person
may
construct
the
electric
transmission
line.
6
4.
5.
For
projects
where
for
which
an
election
to
construct
7
an
electric
transmission
line
has
been
made
under
this
section
,
8
all
of
the
following
cost
accountability
measures
shall
apply:
9
a.
Within
thirty
days
after
the
issuance
of
a
franchise
10
pursuant
to
this
chapter
for
the
electric
transmission
line,
11
the
incumbent
electric
transmission
owner
or
owners
shall
12
provide
to
the
commission
an
estimate
of
the
cost
to
construct
13
complete
the
initial
construction
of
the
electric
transmission
14
line.
15
b.
Until
the
initial
construction
of
the
electric
16
transmission
line
is
complete,
the
incumbent
electric
17
transmission
owner
or
owners
shall
provide
a
quarterly
report
18
to
the
commission,
which
shall
include
an
updated
estimate
of
19
the
cost
to
construct
the
electric
transmission
line
,
and
an
20
explanation
of
changes
in
the
cost
estimate
from
the
prior
21
cost
estimate
,
and
documentation
that
the
incumbent
electric
22
transmission
owner
or
owners
have
used
competitively
bid
23
construction
contracts
that
meet
all
the
technical,
commercial,
24
and
other
specifications,
such
as
safety
performance,
that
25
are
required
by
the
incumbent
electric
transmission
owner
or
26
owners
with
respect
to
the
initial
construction
of
the
electric
27
transmission
line
.
28
c.
The
consumer
advocate
appointed
under
section
475A.1
29
shall
have
free
access
to
documents,
reports,
and
information
30
submitted
to
the
commission
pursuant
to
this
subsection,
31
consistent
with
section
475A.4.
To
the
extent
relevant,
the
32
commission
and
the
consumer
advocate
may
use
the
information
33
for
any
purpose
properly
within
the
scope
of
their
respective
34
duties
including
but
not
limited
to
use
in
proceedings
before
35
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the
federal
energy
regulatory
commission
to
challenge
the
1
costs
incurred
by
the
incumbent
electric
transmission
owner.
2
However,
this
subsection
does
not
create
a
private
cause
of
3
action
or
complaint.
4
5.
6.
This
section
shall
not
modify
the
authority
of
the
5
commission
under
this
chapter
,
the
rights
of
landowners
under
6
this
chapter
,
or
the
requirements,
rights,
and
obligations
7
relating
to
the
construction,
maintenance,
and
operation
of
8
electric
transmission
lines
pursuant
to
this
chapter
.
9
6.
7.
This
section
shall
not
apply
to
an
electric
10
transmission
line
to
be
placed
underground
that
has
not
been
11
approved
for
construction
in
a
federally
registered
planning
12
authority
transmission
plan.
13
7.
8.
The
commission
shall
adopt
rules
pursuant
to
chapter
14
17A
to
administer
this
section
,
which
shall
include
rules
15
regarding
the
restoration
of
agricultural
lands
following
the
16
initial
construction
of
an
electric
transmission
line,
as
17
specified
in
subsection
9
.
18
9.
The
commission
shall
adopt
rules
to
implement
the
19
following
requirements,
which
shall
not
apply
within
the
20
corporate
limits
of
a
city
or
to
any
construction,
activity,
or
21
electric
transmission
lines
other
than
the
initial
construction
22
of
an
electric
transmission
line
with
a
voltage
of
two
hundred
23
or
more
kilovolts
and
for
which
an
election
to
construct
has
24
been
made
under
this
section:
25
a.
An
incumbent
electric
transmission
owner
shall
repair
a
26
damaged
underground
drain
tile
as
soon
as
practicable
during
27
construction
of
the
electric
transmission
line.
Permanent
28
repairs
to
the
damaged
underground
drain
tile
shall
be
29
completed
as
soon
as
practicable
after
the
initial
construction
30
of
the
electric
transmission
line
is
complete.
The
repairs
31
made
to
the
damaged
drain
tile
shall
be
of
at
least
equal
32
quality,
size,
and
flow
capacity
of
the
original
drain
tile.
33
b.
Following
the
initial
construction
of
an
electric
34
transmission
line,
the
incumbent
electric
transmission
owner
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shall
remove
from
the
easement
area
all
rock
larger
than
1
three
inches
in
average
diameter
not
native
to
the
soil
of
2
the
excavated
land.
The
rock
removed
from
the
excavated
land
3
that
cannot
be
used
to
backfill
shall
be
disposed
of
at
a
4
location
and
in
a
manner
agreed
upon
by
the
incumbent
electric
5
transmission
owner
and
the
landowner.
6
c.
Upon
completion
of
construction
activities
on
a
property,
7
the
incumbent
electric
transmission
owner
shall
deep
till
8
agricultural
land,
including
right-of-way
access
points
or
9
roads
traversed
by
heavy
construction
equipment,
to
alleviate
10
soil
compaction.
The
land
shall
be
tilled
at
least
eighteen
11
inches
deep
in
land
used
for
crop
production
and
twelve
12
inches
deep
in
other
lands
unless
otherwise
agreed
to
by
the
13
landowner.
14
d.
Upon
completion
of
the
electric
transmission
line,
15
the
incumbent
electric
transmission
owner
shall
restore
the
16
soil
conservation
practices
and
structures
damaged
during
17
construction
of
the
electric
transmission
line
to
the
elevation
18
and
grade
existing
on
the
land
prior
to
the
construction.
19
The
soil
used
to
repair
embankments
intended
to
retain
water
20
shall
be
well
compacted.
Any
vegetation
disturbed
during
21
construction
shall
be
reestablished,
including
cover
crops
when
22
appropriate.
23
e.
Following
compaction
of
the
land,
agricultural
land
that
24
is
not
in
row
crop
or
small
grain
production
at
the
time
of
25
construction,
including
hay
ground
and
land
in
conservation
or
26
set-aside
programs,
shall
be
reseeded
and
a
cover
crop
shall
27
be
utilized
when
appropriate.
Seeding
for
cover
crops
may
be
28
delayed
if
the
construction
of
the
electric
transmission
line
29
is
completed
too
late
in
the
year
for
a
cover
crop
to
become
30
established
and
is
not
required
if
the
land
will
be
tilled
in
31
the
following
year.
The
landowner
may
request
ground
cover
32
to
prevent
soil
erosion
in
areas
where
construction
on
the
33
electric
transmission
line
is
completed
if
the
season
is
not
34
suitable
for
seeding
a
cover
crop.
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f.
Unless
agreed
upon
by
the
incumbent
electric
transmission
1
owner
and
the
landowner,
the
incumbent
electric
transmission
2
owner
shall
remove
field
entrances
or
temporary
roads
built
for
3
the
purpose
of
constructing
the
electric
transmission
line
upon
4
the
completion
of
the
initial
construction
and
restore
the
area
5
to
its
previous
use.
6
g.
An
incumbent
electric
transmission
owner
shall
use
good
7
utility
practices
for
constructing
the
electric
transmission
8
line
in
wet
conditions,
such
as
electing
to
use
matting
or
9
padding
when
utilizing
heavy
equipment.
An
incumbent
electric
10
transmission
owner
shall
grade
and
till
any
rutted
land
to
11
restore,
to
the
extent
practicable,
the
original
condition
of
12
the
land
prior
to
the
construction
of
the
electric
transmission
13
line.
If
agreed
upon
by
the
incumbent
electric
transmission
14
owner
and
the
landowner,
the
landowner
may
repair
any
damage
15
caused
by
construction
activities
in
wet
conditions
and
the
16
incumbent
electric
transmission
owner
shall
reimburse
the
17
landowner
for
the
reasonable
cost
incurred
to
repair
the
18
damage.
If
an
incumbent
electric
transmission
owner
utilizes
19
heavy
equipment
in
wetlands
or
mudflats,
mats
or
other
measures
20
shall
be
utilized
to
minimize
soil
disturbance.
21
h.
For
each
electric
transmission
line,
the
incumbent
22
electric
transmission
owner
shall
designate
a
point
of
23
contact
for
inquiries
or
claims
from
an
affected
person.
The
24
designation
shall
include
a
name,
a
telephone
number,
an
email
25
address,
and
an
address.
26
10.
a.
If
an
incumbent
electric
transmission
owner
and
27
a
landowner
dispute
a
potential
violation
of
the
restoration
28
standards
provided
in
subsection
9,
the
commission
may
29
appoint
a
qualified
individual
to
inspect
the
property
for
30
compliance.
If
the
qualified
individual
determines
that
31
there
has
been
a
violation
of
the
applicable
restoration
32
standards,
the
commission
shall
provide
oral
notice,
followed
33
by
written
notice,
to
the
incumbent
electric
transmission
34
owner
and
the
contractor
operating
for
the
incumbent
electric
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transmission
owner
and
order
corrective
action
to
comply
with
1
the
restoration
standards.
The
incumbent
electric
transmission
2
owner
shall
be
responsible
for
the
costs
of
the
corrective
3
action.
4
b.
If
the
incumbent
electric
transmission
owner
or
the
5
contractor
for
the
incumbent
electric
transmission
owner
does
6
not
comply
with
a
valid
order
for
corrective
action
issued
by
7
the
commission,
the
commission
may
issue
an
order
requiring
8
corrective
action
to
be
taken
and
may
impose
civil
penalties
9
under
section
478.29.
10
c.
The
commission
shall
instruct
the
inspector
appointed
by
11
the
commission
regarding
the
content
of
the
statutes
and
rules
12
and
the
responsibility
of
the
inspector
to
require
restoration
13
conforming
with
the
standards
established
in
subsection
9.
14
11.
a.
A
petitioner
for
a
franchise
for
an
electric
15
transmission
line
shall
file
with
the
petition
a
written
land
16
restoration
plan
that
documents
how
the
requirements
and
rules
17
of
subsection
9
will
be
met.
The
petitioner
shall
provide
a
18
copy
of
the
plan
to
all
landowners
of
property
that
will
be
19
disturbed
by
the
initial
construction.
20
b.
Nothing
in
this
section
shall
preclude
the
application
21
of
provisions
for
protecting
or
restoring
property
that
are
22
different
than
those
prescribed
in
subsection
9,
in
rules
23
adopted
under
subsection
9,
or
in
the
land
restoration
plan,
24
if
the
alternative
provisions
are
contained
in
agreements
25
independently
executed
by
the
incumbent
electric
transmission
26
owner
and
the
landowner.
Independent
agreements
for
land
27
restoration
between
the
incumbent
electric
transmission
owner
28
and
the
landowner
shall
be
in
writing
and
provided
to
the
29
commission.
30
c.
The
commission
may
by
waiver
allow
variations
from
31
the
requirements
of
subsection
9
if
the
incumbent
electric
32
transmission
owner
requesting
a
waiver
satisfies
the
standards
33
set
forth
in
section
17A.9A
and
if
the
alternative
methods
34
proposed
by
the
incumbent
electric
transmission
owner
would
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restore
the
land
to
a
condition
as
good
as
or
better
than
as
1
provided
for
in
subsection
9.
2
d.
The
commission
may
waive
preparation
of
a
separate
3
land
restoration
plan
if
the
incumbent
electric
transmission
4
owner
enters
into
an
agricultural
impact
mitigation
plan
5
or
similar
agreement
with
the
appropriate
agencies
of
this
6
state
that
satisfies
the
requirements
of
subsection
9.
If
a
7
mitigation
plan
or
agreement
is
used
to
fully
or
partially
meet
8
the
requirements
of
a
land
restoration
plan,
the
statement
9
or
agreement
shall
be
filed
with
the
commission
and
shall
be
10
considered
to
be,
or
to
be
part
of,
the
land
restoration
plan
11
for
purposes
of
subsection
9.
12
12.
Nothing
in
this
section
shall
limit,
expand,
or
13
otherwise
modify
the
rights
of
access
and
obligations
for
14
damages
set
forth
in
section
478.17.
15
Sec.
9.
Section
478.18,
Code
2025,
is
amended
to
read
as
16
follows:
17
478.18
Supervision
of
construction
——
location.
18
1.
The
utilities
commission
shall
have
power
of
supervision
19
over
the
construction
of
a
transmission
line
and
over
its
20
future
operation
and
maintenance
,
including
inspections
for
21
compliance
with
the
standards
adopted
under
section
478.16
22
after
restoration
of
the
land
is
complete
.
23
2.
A
transmission
line
shall
be
constructed
near
and
24
parallel
to
roads,
to
the
right-of-way
of
the
railways
of
the
25
state,
or
along
the
division
lines
of
the
lands,
according
26
to
the
government
survey,
wherever
the
same
is
practicable
27
and
reasonable,
and
so
as
not
to
interfere
with
the
use
28
by
the
public
of
the
highways
or
streams
of
the
state,
nor
29
unnecessarily
interfere
with
the
use
of
any
lands
by
the
30
occupant.
31
3.
The
utilities
commission
may
contract
a
qualified
32
individual
for
the
purpose
of
inspections
authorized
under
33
section
478.16.
The
reasonable
cost
of
the
inspection
shall
34
be
paid
by
the
incumbent
electric
transmission
owner.
The
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utilities
commission
shall
instruct
the
inspector
appointed
by
1
the
commission
regarding
the
content
of
the
statutes
and
rules
2
and
the
responsibility
of
the
inspector
to
require
restoration
3
conforming
with
the
applicable
standards
established
in
section
4
478.16.
For
purposes
of
this
section,
“qualified
individual”
5
means
the
same
as
defined
in
section
478.16.
6
Sec.
10.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
7
deemed
of
immediate
importance,
takes
effect
upon
enactment.
8
Sec.
11.
RETROACTIVE
APPLICABILITY.
With
the
exception
9
of
the
portion
of
the
section
of
this
division
of
this
Act
10
amending
section
478.16,
subsection
3,
paragraph
“b”,
this
11
division
of
this
Act
applies
retroactively
to
transmission
12
lines
included
in
a
federally
registered
planning
authority
13
long-term
transmission
plan
approved
on
or
after
July
1,
14
2020.
The
portion
of
the
section
of
this
division
of
this
15
Act
amending
section
478.16,
subsection
3,
paragraph
“b”,
16
shall
apply
retroactively
to
transmission
lines
included
in
a
17
federally
registered
planning
authority
long-term
transmission
18
plan
approved
on
or
after
July
1,
2024.
19
DIVISION
IV
20
ENERGY
AND
WATER
INFRASTRUCTURE
REVOLVING
LOAN
PROGRAM
21
Sec.
12.
Section
476.46A,
Code
2025,
is
amended
to
read
as
22
follows:
23
476.46A
Energy
and
water
infrastructure
revolving
loan
24
program.
25
1.
a.
An
energy
and
water
infrastructure
revolving
loan
26
fund
is
created
in
the
office
of
the
treasurer
of
state
and
27
shall
be
administered
by
the
Iowa
energy
center
economic
28
development
authority
established
in
section
15.120
15.105
.
29
b.
The
fund
may
be
administered
as
a
revolving
fund
and
may
30
consist
of
any
moneys
appropriated
by
the
general
assembly
for
31
purposes
of
this
section
and
any
other
moneys
that
are
lawfully
32
directed
to
the
fund.
33
c.
Moneys
in
the
fund
shall
be
used
to
provide
financial
34
assistance
for
the
development
and
construction
of
energy
or
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water
infrastructure
,
including
projects
that
support
electric
1
or
gas
generation
transmission,
storage,
or
distribution;
2
electric
grid
modernization;
energy-sector
workforce
3
development;
emergency
preparedness
for
rural
and
underserved
4
areas;
the
expansion
of
biomass,
biogas,
and
renewable
5
natural
gas;
innovative
technologies;
and
the
development
of
6
infrastructure
for
alternative
fuel
vehicles
that
support
7
economic
development
.
8
d.
Notwithstanding
section
8.33
,
moneys
appropriated
in
this
9
section
that
remain
unencumbered
or
unobligated
at
the
close
of
10
the
fiscal
year
shall
not
revert
but
shall
remain
available
for
11
expenditure
for
the
purposes
designated
until
the
close
of
the
12
succeeding
fiscal
year.
13
e.
Notwithstanding
section
12C.7,
subsection
2
,
interest
or
14
earnings
on
moneys
in
the
fund
shall
be
credited
to
the
fund.
15
2.
a.
The
Iowa
energy
center
economic
development
16
authority
shall
establish
and
administer
an
energy
and
17
water
infrastructure
revolving
loan
program
to
encourage
the
18
development
of
energy
and
water
infrastructure
within
the
19
state.
20
b.
An
individual,
business,
rural
electric
cooperative,
21
or
municipal
utility
located
and
operating
in
this
state
22
shall
be
eligible
for
financial
assistance
under
the
program.
23
With
the
approval
of
the
Iowa
energy
center
governing
board
24
established
under
section
15.120,
subsection
2
,
the
economic
25
development
authority
shall
determine
the
amount
and
the
26
terms
of
all
financial
assistance
awarded
to
an
individual,
27
business,
rural
electric
cooperative,
or
municipal
utility
28
under
the
program.
All
agreements
and
administrative
authority
29
shall
be
vested
in
the
Iowa
energy
center
governing
board.
30
To
be
eligible
for
a
financial
assistance
award
under
the
31
energy
and
water
infrastructure
revolving
loan
program,
an
32
eligible
borrower
must
demonstrate
that
the
proposed
project
33
will
attract
and
encourage
the
location
of
new
industrial
34
enterprise
or
the
expansion
of
existing
industrial
enterprise.
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Eligible
borrowers
may
be
awarded
financial
assistance
1
under
the
program
for
projects
that
support
electric
or
gas
2
generation
transmission,
storage,
or
distribution;
electric
3
grid
modernization;
energy
sector
workforce
development;
4
emergency
preparedness
for
rural
and
underserved
areas;
the
5
expansion
of
biomass,
biogas,
and
renewable
natural
gas;
or
6
innovative
technologies
and
drinking
water
treatment
systems
7
and
wastewater
treatment
systems.
The
economic
development
8
authority
shall
determine
the
amount
and
the
terms
of
all
9
financial
assistance
awarded
to
an
eligible
borrower
under
the
10
program.
All
agreements
and
administrative
authority
shall
be
11
vested
in
the
economic
development
authority.
The
economic
12
development
authority
may
adopt
rules
for
the
implementation
of
13
this
program.
14
c.
The
economic
development
authority
may
use
not
more
than
15
five
percent
of
the
moneys
in
the
fund
at
the
beginning
of
each
16
fiscal
year
for
purposes
of
administrative
costs,
marketing,
17
technical
assistance,
and
other
program
support.
18
d.
Each
fiscal
year
beginning
July
1,
2025,
the
economic
19
development
authority
shall
be
authorized
to
transfer
an
amount
20
not
to
exceed
six
hundred
thirty-three
thousand
dollars
from
21
the
energy
and
water
infrastructure
revolving
loan
fund
to
Iowa
22
state
university
of
science
and
technology
to
be
used
for
the
23
purposes
of
providing
financial
assistance
to
the
state
load
24
forecasting
center.
25
3.
For
the
purposes
of
this
section
:
26
a.
“Eligible
borrower”
means
an
individual,
business,
27
county,
city,
rural
electric
cooperative,
or
municipal
utility
28
located
and
operating
in
this
state.
29
a.
b.
“Energy
infrastructure”
means
land,
buildings,
30
physical
plant
and
equipment,
and
services
directly
related
31
to
the
development
of
projects
used
for,
or
useful
for,
32
electricity
or
gas
generation,
transmission,
storage,
or
33
distribution.
34
b.
c.
“Financial
assistance”
means
the
same
as
defined
in
35
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section
15.102
.
1
d.
“Water
infrastructure”
means
water
pollution
control
2
facilities
useful
for
the
collection,
treatment,
and
disposal
3
of
sewage
and
industrial
waste
in
a
sanitary
manner
and
4
drinking
water
facilities
useful
for
providing
potable
water
to
5
residents
served
by
a
water
system.
6
DIVISION
V
7
ANAEROBIC
DIGESTER
SYSTEMS
8
Sec.
13.
NEW
SECTION
.
459C.101
Title.
9
This
chapter
shall
be
known
and
may
be
cited
as
the
“Animal
10
Agriculture
Compliance
Act
for
Anaerobic
Digester
Systems”
.
11
Sec.
14.
NEW
SECTION
.
459C.102
Definitions.
12
1.
For
purposes
of
this
chapter,
unless
the
context
13
otherwise
requires:
14
a.
“Anaerobic
digester
system”
or
“digester”
means
a
covered
15
manure
storage
structure,
if
the
function
of
the
manure
storage
16
structure
is
to
process
manure,
by
employing
environmental
17
conditions
including
bacteria
to
break
down
organic
matter
in
18
the
absence
of
oxygen,
and
is
used
for
producing,
collecting,
19
and
utilizing
a
biogas,
and
may
also
process
on-farm
and
20
off-farm
organic
feedstocks,
and
food
products
or
food
for
21
human
consumption
if
approved
by
the
department
pursuant
to
22
section
459C.201,
subsection
4.
“Anaerobic
digester
system”
23
also
includes
related
buildings,
storage
structures,
transfer
24
pipes,
and
stockpiles
associated
with
the
digester
process.
25
b.
“Digestate”
means
the
dry
or
liquid
nutrient-rich
26
material
that
remains
after
the
anaerobic
digestion
of
organic
27
matter,
such
as
agricultural
residues,
food
waste,
or
manure.
28
c.
“Off-farm
organic
feedstocks”
means
organic
materials
29
that
originate
from
outside
the
farm
but
can
be
used
within
30
farming
systems,
particularly
for
soil
enrichment,
composting,
31
or
other
agricultural
purposes.
32
d.
“On-farm
organic
feedstocks”
means
organic
materials
33
that
are
produced
as
by-products
of
farming
activities
that
34
typically
come
from
plant
or
animal
sources
and
may
include
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crop
residues
and
other
organic
waste
generated
during
farm
1
operations.
2
e.
“Owner”
means
the
person
who
owns
an
anaerobic
digester
3
system.
4
2.
Where
not
in
conflict
with
the
definitions
set
out
in
5
subsection
1,
the
definitions
provided
in
sections
459.102,
6
459A.102,
and
459B.102
shall
control.
7
Sec.
15.
NEW
SECTION
.
459C.103
General
authority
——
8
commission
and
department
——
purpose
——
compliance.
9
1.
The
commission
shall
establish,
by
rule
adopted
pursuant
10
to
chapter
17A,
requirements
relating
to
the
construction,
11
including
expansion,
or
operation
of
anaerobic
digester
12
systems,
including
related
buildings,
storage
structures,
13
transfer
pipes,
and
stockpiles.
14
2.
The
purpose
of
this
chapter
is
to
provide
requirements
15
relating
to
the
construction,
including
the
expansion,
and
16
operation
of
anaerobic
digester
systems
and
the
control
of
17
digestate,
which
purpose
shall
be
construed
to
supplement
18
applicable
provisions
of
chapters
459,
459A,
and
459B.
If
19
there
is
a
conflict
between
the
provisions
of
this
chapter
and
20
chapters
459,
459A,
and
459B,
the
provisions
of
this
chapter
21
shall
prevail.
22
Sec.
16.
NEW
SECTION
.
459C.201
Anaerobic
digester
systems
23
——
permit
requirements.
24
1.
The
department
shall
approve
applications
for
permits
25
for
the
construction,
including
the
expansion,
of
anaerobic
26
digester
systems,
as
provided
by
rules
adopted
pursuant
to
this
27
chapter.
The
department’s
decision
to
approve
a
permit
for
the
28
construction
of
an
anaerobic
digester
system
shall
be
based
on
29
whether
the
application
is
submitted
according
to
procedures
30
required
by
the
department
and
the
application
meets
standards
31
established
by
the
department.
Construction
of
an
anaerobic
32
digester
system
requiring
a
permit
under
this
section
shall
not
33
begin
until
the
department
first
approves
the
application
and
34
issues
a
construction
permit.
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2.
In
addition
to
the
construction
permit
application
under
1
subsection
1,
the
following
must
be
submitted
in
order
for
the
2
department
to
approve
the
application:
3
a.
A
two
hundred
fifty
dollar
construction
permit
4
application
fee.
5
b.
A
written
plan
for
the
disposal
of
the
digestate.
6
c.
A
written
operation
plan
for
the
anaerobic
digester
7
system
detailing
the
responsibilities
of
all
owners,
animal
8
feeding
operations,
or
other
entities
involved
in
the
anaerobic
9
digester
system
processes.
10
3.
Every
anaerobic
digester
system
shall
obtain
a
11
construction
permit,
regardless
of
size
of
the
anaerobic
12
digester
system
or
facility.
The
owner
of
the
anaerobic
13
digester
system
is
considered
the
applicant
and
shall
be
14
responsible
for
the
construction
and
operation
of
the
anaerobic
15
digester
system.
16
4.
a.
Every
anaerobic
digester
system
is
intended
to
accept
17
only
manure
unless
department
approval
is
obtained
for
the
18
inclusion
of
on-farm
and
off-farm
organic
by-products,
food
19
products,
or
food
for
human
consumption.
Nonmanure
material
20
shall
not
exceed
ten
percent
of
the
total
material
added
to
the
21
anaerobic
digester
system.
22
b.
Daily
records
of
the
volumes
of
all
materials
added
23
to
the
anaerobic
digester
system
shall
be
required
to
be
24
maintained
at
the
facility.
25
c.
The
department
may
require
additional
testing
or
26
monitoring
of
any
manure
or
nonmanure
component
being
added
27
to
the
anaerobic
digester
system.
The
department
may
require
28
additional
testing
of
the
digestate.
29
d.
Medical
wastes,
including
expired
or
unused
antibiotics,
30
petroleum
products
not
designed
for
use
in
manure
storage
31
facilities,
pesticides,
paints,
solvents,
hazardous
materials,
32
municipal
or
sanitary
waste
or
sludge,
industrial
wastewater,
33
contaminated
feedstock,
slaughterhouse
wastes,
and
residues
34
from
processing
of
food
materials
that
have
not
been
deemed
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acceptable
for
human
consumption
shall
not
be
processed
in
the
1
anaerobic
digester
system.
2
Sec.
17.
NEW
SECTION
.
459C.202
Construction
design
standard
3
——
anaerobic
digester
systems.
4
1.
The
department
shall
adopt
rules
establishing
5
construction
design
standards
for
formed
manure
storage
6
structures
that
are
part
of
an
anaerobic
digester
system.
7
2.
The
construction
design
standards
shall
be
based,
to
8
every
extent
possible,
upon
uniform
standards
such
as
available
9
standards
promulgated
by
the
American
society
for
testing
and
10
materials
international.
The
department
may
require
that
all
11
or
part
of
a
formed
manure
storage
structure
be
constructed
of
12
concrete.
13
3.
The
construction
design
standards
for
concrete
shall
14
provide
for
all
of
the
following:
15
a.
The
concrete’s
minimum
compressive
strength
calculated
on
16
a
pounds-per-square-inch
basis.
17
b.
The
use
of
reinforcement,
including
but
not
limited
to
18
the
grade,
amount,
and
location
of
steel
rebar,
fiberglass,
or
19
similar
materials
set
in
the
concrete,
or
the
use
of
exterior
20
braces
to
support
joints.
21
c.
The
depth
of
footings.
22
d.
The
thickness
of
the
footings,
the
floor,
and
walls.
23
4.
A
person
shall
only
construct
a
formed
manure
storage
24
structure
on
karst
terrain
or
an
area
that
drains
into
a
known
25
sinkhole
pursuant
to
upgraded
construction
design
standards
26
necessary
to
ensure
that
the
structure
does
not
pollute
27
groundwater
sources.
The
construction
of
unformed
manure
28
storage
structures
is
prohibited
on
karst
terrain.
29
Sec.
18.
NEW
SECTION
.
459C.203
Distance
requirements.
30
1.
Water
quality
related
requirements.
31
a.
Except
as
provided
in
paragraph
“b”
,
the
following
32
requirements
shall
apply
to
the
location
of
an
anaerobic
33
digester
system
manure
storage
structure:
34
(1)
An
anaerobic
digester
system
manure
storage
structure
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shall
not
be
constructed
closer
than
five
hundred
feet
away
1
from
the
surface
intake
of
an
agricultural
drainage
well.
An
2
anaerobic
digester
system
manure
storage
structure
shall
not
3
be
constructed
closer
than
two
thousand
feet
from
a
wellhead,
4
cistern
of
an
agricultural
drainage
well,
or
known
sinkhole.
5
(2)
An
anaerobic
digester
system
manure
storage
structure
6
shall
not
be
constructed
if
the
anaerobic
digester
system
7
manure
storage
structure
as
constructed
is
closer
than
any
of
8
the
following:
9
(a)
Five
hundred
feet
away
from
a
water
source
other
than
a
10
major
water
source.
11
(b)
One
thousand
feet
away
from
a
major
water
source.
12
(c)
Two
thousand
five
hundred
feet
away
from
a
designated
13
wetland.
14
(3)
(a)
A
water
source,
other
than
a
major
water
source,
15
shall
not
be
constructed,
expanded,
or
diverted,
if
the
water
16
source
as
constructed,
expanded,
or
diverted
is
closer
than
17
five
hundred
feet
away
from
an
anaerobic
digester
system
manure
18
storage
structure.
19
(b)
A
major
water
source
shall
not
be
constructed,
expanded,
20
or
diverted,
if
the
major
water
source
as
constructed,
21
expanded,
or
diverted
is
closer
than
one
thousand
feet
from
an
22
anaerobic
digester
system
manure
storage
structure.
23
(c)
A
designated
wetland
shall
not
be
established,
if
the
24
designated
wetland
is
closer
than
two
thousand
five
hundred
25
feet
away
from
an
anaerobic
digester
system
manure
storage
26
structure.
27
(4)
An
anaerobic
digester
system
manure
storage
structure
28
shall
not
be
constructed
on
land
that
is
part
of
a
one
29
hundred
year
floodplain
as
designated
by
rules
adopted
by
the
30
department
pursuant
to
section
459.301.
31
b.
A
separation
distance
required
in
paragraph
“a”
shall
not
32
apply
to
any
of
the
following:
33
(1)
A
location
or
object
and
a
farm
pond
or
privately
owned
34
lake,
as
defined
in
section
462A.2.
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(2)
An
anaerobic
digester
system
manure
storage
structure
1
constructed
with
a
secondary
containment
barrier.
The
2
department
shall
adopt
rules
providing
for
the
construction
and
3
use
of
a
secondary
containment
barrier,
including
construction
4
design
standards.
5
2.
Air
quality
related
requirements.
6
a.
Except
as
provided
in
paragraph
“b”
,
the
following
7
requirements
shall
apply
to
the
location
of
an
anaerobic
8
digester
system
manure
storage
structure:
9
(1)
An
anaerobic
digester
system
manure
storage
structure
10
shall
not
be
constructed
closer
than
three
thousand
feet
from
11
a
residence
not
owned
by
the
owner
of
the
anaerobic
digester
12
system
or
the
owner
of
the
animal
feeding
operation
where
the
13
anaerobic
digester
system
is
located;
a
bona
fide
religious
14
institution;
a
public
use
area;
a
commercial
enterprise;
or
an
15
educational
institution.
16
(2)
An
anaerobic
digester
system
manure
storage
structure
17
shall
not
be
constructed
closer
than
one
hundred
feet
from
a
18
public
thoroughfare.
19
b.
A
separation
distance
required
in
paragraph
“a”
shall
not
20
apply
to
any
of
the
following:
21
(1)
(a)
An
anaerobic
digester
system
manure
storage
22
structure
that
is
constructed
or
expanded,
if
the
titleholder
23
of
the
land
benefiting
from
the
distance
separation
requirement
24
executes
a
written
waiver
with
the
titleholder
of
the
land
25
where
the
structure
is
located.
If
an
anaerobic
digester
26
system
manure
storage
structure
is
constructed
or
expanded
27
within
the
separation
distance
required
between
an
anaerobic
28
digester
system
manure
storage
structure
and
a
public
29
thoroughfare,
the
state
or
a
political
subdivision
constructing
30
or
maintaining
the
public
thoroughfare
benefiting
from
the
31
distance
separation
requirement
may
execute
a
written
waiver
32
with
the
titleholder
of
the
land
where
the
structure
is
33
located.
34
(b)
A
written
waiver
under
this
subsection
becomes
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effective
only
upon
the
recording
of
the
waiver
in
the
office
1
of
the
recorder
of
the
county
in
which
the
benefited
land
is
2
located.
The
filed
waiver
shall
preclude
enforcement
by
the
3
state
as
it
relates
to
a
distance
requirement
between
the
4
anaerobic
digester
system
manure
storage
structure
and
the
5
location
or
object
benefiting
from
the
separation
distance
6
requirement.
7
(2)
An
anaerobic
digester
system
manure
storage
structure
8
that
is
constructed
or
expanded
within
any
distance
from
a
9
residence,
educational
institution,
commercial
enterprise,
bona
10
fide
religious
institution,
city,
or
public
use
area,
if
the
11
residence,
educational
institution,
commercial
enterprise,
or
12
bona
fide
religious
institution
was
constructed
or
expanded,
or
13
the
boundaries
of
the
city
or
public
use
area
were
expanded,
14
after
the
date
that
the
anaerobic
digester
system
manure
15
storage
structure
was
established.
The
date
the
anaerobic
16
digester
system
manure
storage
structure
was
established
is
17
the
date
on
which
the
anaerobic
digester
system
commenced
18
operating.
A
change
in
ownership
or
expansion
of
the
anaerobic
19
digester
system
shall
not
change
the
established
date
of
20
operation.
21
Sec.
19.
NEW
SECTION
.
459C.301
Minimum
requirements
for
22
digestate
control.
23
1.
An
anaerobic
digester
system
shall
retain
all
digestate
24
produced
by
the
operation
between
periods
of
digestate
disposal
25
or
delivery
to
animal
feeding
operations.
For
purposes
of
26
this
section,
dry
digestate
may
be
retained
by
stockpiling
as
27
provided
in
this
subchapter.
An
anaerobic
digester
system
28
shall
not
discharge
digestate
directly
into
water
of
the
state
29
or
into
a
tile
line
that
discharges
directly
into
water
of
the
30
state.
31
2.
Digestate
from
an
anaerobic
digester
system
shall
be
32
disposed
of
in
a
manner
that
will
not
cause
surface
water
or
33
groundwater
pollution.
34
3.
The
owner
of
the
anaerobic
digester
system
that
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discontinues
the
use
of
the
operation
shall
remove
all
1
digestate
from
related
anaerobic
digester
system
structures
2
used
to
store
digestate
within
six
months
following
the
date
3
that
the
anaerobic
digester
system
is
discontinued.
4
Sec.
20.
NEW
SECTION
.
459C.302
Disposal
of
digestate
5
requirements.
6
1.
If
digestate
is
returned
to
an
animal
feeding
operation
7
for
land
application,
the
material
must
be
accounted
for
in
the
8
animal
feeding
operation’s
manure
management
plan
or
nutrient
9
management
plan.
10
2.
For
any
portion
of
the
digestate
not
returned
to
an
11
animal
feeding
operation,
the
owner
of
the
anaerobic
digester
12
system
shall
satisfy
all
applicable
law
for
proper
application
13
of
the
digestate.
14
Sec.
21.
NEW
SECTION
.
459C.401
Stockpiling
requirements.
15
1.
An
anaerobic
digester
system
may
stockpile
materials
16
prior
to
digestation
or
dry
digestate
so
long
as
the
facility
17
stockpiles
the
materials
and
dry
digestate
in
compliance
with
18
restrictions
applicable
to
stockpiling
as
provided
in
this
19
subchapter.
20
2.
Anaerobic
digester
system
stockpiles
shall
not
be
21
commingled
with
animal
feeding
operation
stockpiles.
22
3.
A
person
shall
not
stockpile
the
materials
and
dry
23
digestate
within
the
following
distances
from
any
of
the
24
following:
25
a.
A
terrace
tile
inlet
or
surface
tile
inlet,
two
hundred
26
feet.
However,
this
paragraph
does
not
apply
to
a
person
who
27
stockpiles
the
dry
digestate
in
a
manner
that
does
not
allow
28
precipitation-induced
runoff
to
drain
from
the
stockpile
to
the
29
terrace
tile
inlet
or
surface
tile
inlet.
A
terrace
tile
inlet
30
or
surface
tile
inlet
does
not
include
a
tile
inlet
that
is
not
31
directly
connected
to
a
tile
line
that
discharges
directly
into
32
a
water
of
the
state.
33
b.
(1)
A
designated
area,
four
hundred
feet.
However,
an
34
increased
separation
distance
of
eight
hundred
feet
shall
apply
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to
all
of
the
following:
1
(a)
A
high-quality
water
resource.
2
(b)
An
agricultural
drainage
well.
3
(c)
A
known
sinkhole.
4
(2)
Subparagraph
(1)
does
not
apply
to
a
person
who
5
stockpiles
materials
or
dry
digestate
in
a
manner
that
does
not
6
allow
precipitation-induced
runoff
to
drain
from
the
stockpile
7
to
the
designated
area.
8
c.
One
thousand
two
hundred
fifty
feet
from
a
residence
9
not
owned
by
the
owner
of
the
anaerobic
digester
system
or
10
the
owner
of
the
animal
feeding
operation
where
the
anaerobic
11
digester
system
is
located;
a
bona
fide
religious
institution;
12
a
public
use
area;
a
commercial
enterprise;
or
an
educational
13
institution.
14
4.
A
person
shall
not
stockpile
materials
or
dry
digestate
15
in
a
grassed
waterway.
16
5.
A
person
shall
not
stockpile
materials
or
dry
digestate
17
on
land
having
a
slope
of
more
than
three
percent.
However,
18
this
subsection
shall
not
apply
to
a
person
who
stockpiles
19
materials
or
dry
digestate
using
methods,
structures,
or
20
practices
that
contain
the
stockpile,
including
but
not
limited
21
to
silt
fences,
temporary
earthen
berms,
or
other
effective
22
measures,
and
that
prevent
or
diminish
precipitation-induced
23
runoff
from
the
stockpile.
24
6.
A
person
stockpiling
materials
or
dry
digestate
on
25
terrain,
other
than
karst
terrain,
for
more
than
fifteen
26
consecutive
days
shall
comply
with
any
of
the
following:
27
a.
Stockpile
materials
or
dry
digestate
using
a
qualified
28
stockpile
structure
or
qualified
stockpile
cover.
However,
the
29
person
shall
not
stockpile
materials
or
dry
digestate
using
a
30
qualified
stockpile
cover
at
a
long-term
stockpile
location
31
unless
the
person
stockpiles
the
materials
or
dry
digestate
32
on
compacted
soil,
compacted
granular
aggregates,
asphalt,
33
concrete,
or
other
similar
materials.
34
b.
Deliver
a
stockpile
inspection
statement
to
the
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department
by
the
fifteenth
day
of
each
month
in
writing,
which
1
may
be
on
a
form
prescribed
by
the
department.
The
stockpile
2
inspection
statement
shall
provide
the
location
of
the
3
stockpile
and
document
the
results
of
an
inspection
conducted
4
by
the
person
during
the
previous
month.
The
inspection
must
5
evaluate
whether
precipitation-induced
runoff
is
draining
6
away
from
the
stockpile
and,
if
so,
describe
actions
taken
7
to
prevent
the
runoff.
If
an
inspection
by
the
department
8
documents
that
precipitation-induced
runoff
is
draining
away
9
from
a
stockpile,
the
person
shall
immediately
remove
dry
10
digestate
from
the
stockpile
in
compliance
with
this
chapter
11
or
comply
with
all
directives
of
the
department
to
prevent
the
12
runoff.
13
7.
A
person
stockpiling
materials
or
dry
digestate
on
karst
14
terrain
shall
comply
with
all
of
the
following:
15
a.
If
the
proposed
stockpile
is
located
in
potential
karst
16
terrain,
a
professional
engineer
licensed
in
Iowa
or
a
staff
17
person
or
organization
qualified
through
the
Iowa
natural
18
resource
conservation
service
shall
submit
a
soil
report
to
19
the
department,
based
on
the
results
from
soil
corings,
test
20
pits,
or
acceptable
well
log
data,
describing
the
subsurface
21
materials
and
vertical
separation
distance
from
the
proposed
22
bottom
of
the
stockpile
to
the
underlying
limestone,
dolomite,
23
or
soluble
rock.
A
minimum
of
two
soil
corings
spaced
equally
24
within
the
stockpile
location
or
two
test
pits
located
within
25
five
feet
of
the
outside
of
the
stockpile
location
are
required
26
if
acceptable
well
log
data
is
not
available.
The
soil
27
corings
shall
be
taken
to
a
minimum
depth
of
twenty-five
feet
28
below
the
bottom
elevation
of
the
proposed
stockpile
or
into
29
bedrock,
whichever
is
shallower.
After
the
soil
exploration
30
is
complete,
each
coring
or
test
pit
shall
be
properly
plugged
31
with
concrete
grout,
bentonite,
or
similar
materials
and
32
completion
of
this
activity
shall
be
documented
in
the
soil
33
report.
If
a
twenty-five-foot
vertical
separation
distance
can
34
be
maintained
between
the
bottom
of
the
proposed
stockpile
and
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limestone,
dolomite,
or
other
soluble
rock,
then
the
structure
1
is
not
considered
to
be
in
karst
terrain.
2
b.
The
person
shall
stockpile
the
dry
digestate
at
a
3
location
where
there
is
a
vertical
separation
distance
of
at
4
least
five
feet
between
the
bottom
of
the
stockpile
and
the
5
underlying
limestone,
dolomite,
or
other
soluble
rock.
6
c.
A
person
who
stockpiles
materials
or
dry
digestate
7
for
more
than
fifteen
consecutive
days
shall
use
any
of
the
8
following:
9
(1)
A
qualified
stockpile
structure.
10
(2)
A
qualified
stockpile
cover.
However,
the
person
shall
11
not
stockpile
materials
or
dry
digestate
using
a
qualified
12
stockpile
cover
at
a
long-term
stockpile
location
unless
the
13
stockpile
is
located
on
reinforced
concrete
at
least
five
14
inches
thick.
15
8.
A
person
stockpiling
materials
or
dry
digestate
shall
16
comply
with
applicable
national
pollutant
discharge
elimination
17
system
permit
requirements
pursuant
to
the
federal
Water
18
Pollution
Control
Act,
33
U.S.C.
ch.
26,
as
amended,
and
40
19
C.F.R.
pts.
122
and
412.
20
9.
A
person
stockpiling
materials
or
dry
digestate
shall
21
remove
the
dry
digestate
and
apply
it
in
accordance
with
22
the
provisions
of
this
chapter
within
six
months
after
the
23
materials
or
dry
digestate
are
first
stockpiled.
24
Sec.
22.
NEW
SECTION
.
459C.501
General
enforcement.
25
The
department
and
the
attorney
general
shall
enforce
the
26
provisions
of
this
chapter
in
the
same
manner
as
provided
in
27
chapter
459,
subchapter
VI.
28
Sec.
23.
NEW
SECTION
.
459C.502
Violations
——
civil
penalty.
29
A
person
who
violates
a
provision
of
this
chapter
for
which
30
the
alleged
harm
is
related
to
air
quality
shall
be
subject
31
to
the
same
penalty
as
provided
in
section
459.602.
A
person
32
who
violates
a
provision
of
this
chapter
for
which
the
alleged
33
harm
is
related
to
water
quality
shall
be
subject
to
the
same
34
penalties
and
restrictions
as
provided
in
section
459.603.
A
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habitual
violator
of
the
provisions
of
this
chapter
shall
be
1
subject
to
the
same
penalties
and
restrictions
as
provided
in
2
sections
459.604
and
459.605.
Any
collected
civil
penalty
3
and
interest
on
a
civil
penalty
shall
be
credited
to
the
Iowa
4
nutrient
research
fund
created
in
section
466B.46.
5
Sec.
24.
CODE
EDITOR
DIRECTIVE.
6
1.
The
Code
editor
shall
designate
sections
459C.101
7
through
459C.502,
as
enacted
by
this
division
of
this
Act,
as
8
new
chapter
459C,
entitled
“Anaerobic
Digester
Systems”.
9
2.
The
Code
editor
shall
designate
sections
459C.101
10
through
459C.103,
as
enacted
by
this
division
of
this
Act,
11
as
a
new
subchapter
within
chapter
459C,
entitled
“General
12
Provisions”.
13
3.
The
Code
editor
shall
designate
sections
459C.201
14
through
459C.203,
as
enacted
by
this
division
of
this
Act,
as
15
a
new
subchapter
within
chapter
459C,
entitled
“Construction
16
Provisions”.
17
4.
The
Code
editor
shall
designate
sections
459C.301
18
through
459C.302,
as
enacted
by
this
division
of
this
Act,
19
as
a
new
subchapter
within
chapter
459C,
entitled
“Digestate
20
Disposal”.
21
5.
The
Code
editor
shall
designate
section
459C.401,
as
22
enacted
by
this
division
of
this
Act,
as
a
new
subchapter
23
within
chapter
459C,
entitled
“Stockpiling
Provisions”.
24
6.
The
Code
editor
shall
designate
sections
459C.501
25
through
459C.502,
as
enacted
by
this
division
of
this
Act,
as
26
a
new
subchapter
within
chapter
459C,
entitled
“Enforcement
27
Provisions”.
28
EXPLANATION
29
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
30
the
explanation’s
substance
by
the
members
of
the
general
assembly.
31
This
bill
relates
to
rate-regulated
utilities
by
modifying
32
provisions
relating
to
electric
power
generation,
energy
33
storage,
and
transmission
facility
ratemaking
principles,
34
creating
tariffs
for
public
utility
innovation
programs,
35
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implementing
land
restoration
standards,
and
modifying
the
1
energy
infrastructure
revolving
loan
program.
2
Division
I
of
the
bill
modifies
intent
language
to
reflect
3
an
intent
to
attract
energy
storage
and
develop
nuclear
power
4
generation
for
consumers
in
the
state.
5
Division
I
of
the
bill
alters
ratemaking
principle
6
processes
and
modifies
when
a
rate-regulated
public
utility
7
may
seek
ratemaking
principles.
In
addition
to
electric
8
power
generating
facilities
and
alternate
energy
production
9
facilities,
the
utilities
commission
(commission)
may
specify
10
the
ratemaking
principles
applying
to
an
energy
storage
11
facility.
12
Division
I
of
the
bill
provides
that
a
rate-regulated
13
public
utility
may
seek
ratemaking
principles
from
the
14
commission
when
there
are
construction-related
costs
of
an
15
electric
power
generating
facility
with
a
nameplate
generating
16
capacity
equal
to
or
greater
than
40
megawatts,
an
alternate
17
energy
production
facility,
or
an
energy
storage
facility,
18
or
significant
alterations
to
an
existing
electric
power
19
generating
facility,
alternate
energy
production
facility,
20
or
energy
storage
facility.
Current
law
generally
provides
21
that
when
a
rate-regulated
public
utility
files
an
application
22
to
construct
a
baseload
electric
power
generating
facility
23
with
a
nameplate
generating
capacity
equal
to
or
greater
than
24
300
megawatts
or
a
combined-cycle
electric
power
generating
25
facility
or
an
alternate
energy
production
facility,
or
to
26
significantly
alter
an
existing
generating
facility
or
a
new
27
alternate
energy
production
facility,
the
commission
shall
28
specify
in
advance
the
ratemaking
principles
that
will
apply.
29
Division
I
of
the
bill
modifies
the
requirements
for
a
30
significant
alteration
of
an
existing
generating
facility
31
to
qualify
for
the
establishment
of
ratemaking
principles.
32
Division
I
of
the
bill
provides
that
to
qualify
for
ratemaking
33
principles,
the
significant
alteration
can
convert
an
electric
34
power
generating
facility
to
an
alternate
fuel
type,
add
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carbon
capture
and
carbon
storage
to
an
electric
power
1
generating
facility,
add
a
facility
to
capture
exhaust
heat
to
2
an
electric
power
generating
facility,
repower
an
alternate
3
energy
production
facility,
or
add
energy
storage
to
an
4
existing
electric
power
generating
facility,
alternate
energy
5
production
facility,
or
energy
storage
facility.
Current
6
law
provides
that
to
qualify
for
ratemaking
principles,
the
7
significant
alteration
can
convert
a
coal-fueled
facility
into
8
a
gas-fueled
facility,
add
carbon
capture
and
carbon
storage
9
to
a
coal-fueled
facility,
add
gas-fueled
capability
to
a
10
coal-fueled
facility,
add
a
biomass-fueled
capability
to
a
11
coal-fueled
facility,
or
repower
an
alternate
energy
production
12
facility.
13
Division
I
of
the
bill
provides
that
a
utility
investment
to
14
convert
an
electric
power
generating
facility
to
a
different
15
fuel
type,
add
carbon
capture
and
carbon
storage
to
an
electric
16
power
generating
facility,
or
add
a
fuel
type
to
an
electric
17
power
generating
facility
shall
be
eligible
to
apply
the
18
ratemaking
principles
established
by
an
order
issued
prior
to
19
construction
or
lease
of
a
facility.
20
Division
I
of
the
bill
provides
that
a
rate-regulated
21
public
utility
may
seek
ratemaking
principles
for
leasing
22
or
owning
a
new
electric
power
generating
facility
with
a
23
nameplate
generating
capacity
equal
to
or
greater
than
40
24
megawatts,
a
new
energy
storage
facility,
or
a
new
alternate
25
energy
production
facility.
Current
law
provides
that
26
a
rate-regulated
public
utility
leasing
or
owning
a
new
27
baseload
electric
power
generating
facility
with
a
nameplate
28
generating
capacity
equal
to
or
greater
than
300
megawatts,
29
a
combined-cycle
electric
power
generating
facility,
or
a
30
new
alternate
energy
production
facility
may
seek
ratemaking
31
principles.
32
Division
I
of
the
bill
requires
the
commission
to
issue
an
33
order
after
the
contested
case
proceeding
that
the
ratemaking
34
principles
will
apply
when
the
costs
of
the
electric
power
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generating
facility
or
alternate
energy
production
facility
1
are
included
in
regulated
electric
rates
once
the
commission
2
finds
that
the
rate-regulated
public
utility’s
application
for
3
ratemaking
principles
meets
all
the
commission’s
requirements.
4
Division
I
of
the
bill
requires
a
rate-regulated
public
5
utility
seeking
ratemaking
principles
to
provide
support
of
6
reasonability
with
an
electric
utility
resource
plan
that
has
7
been
updated
within
24
months
of
filing
the
application.
8
Division
I
of
the
bill
requires
the
commission
to
adopt
9
rules
for
proceedings
to
conclude
10
months
after
a
petition
is
10
filed.
11
Division
I
of
the
bill
requires
rate-regulated
electric
12
utilities
to
file
a
resource
plan
at
least
once
every
five
13
years.
The
resource
plan
must
consider
all
reasonable
14
resources
by
the
utility
for
meeting
the
probable
future
demand
15
for
energy,
including
supply
resources
and
conservation
and
16
management
of
demand.
For
conservation
and
management
of
17
demand,
the
resource
plan
shall
include
programs
approved
in
18
the
electric
utility’s
most
recently
approved
energy
efficiency
19
plan.
The
objectives
of
the
resource
plan
include
but
are
20
not
limited
to
adequate,
cost-effective,
and
reliable
energy
21
service
considering
costs,
fuel
diversity,
and
probable
future
22
demand
for
energy,
and
should
reflect
the
circumstances
and
23
management
judgment
of
the
electric
utility.
The
resource
24
plan
does
not
require
specific
outcomes
or
specific
investment
25
decisions.
26
Division
I
of
the
bill
directs
the
commission
to
issue
an
27
order
within
90
days
of
the
resource
plan
acknowledging
receipt
28
of
the
plan.
This
order
may
provide
recommendations
to
an
29
electric
utility
regarding
any
additional
analyses
or
actions
30
that
the
electric
utility
should
consider
completing
in
its
31
next
resource
plan.
32
Division
I
of
the
bill
directs
the
commission
to
adopt
rules
33
regarding
the
timeline
and
stakeholder
process
to
review
and
34
provide
comments
on
the
resource
plan.
The
stakeholder
process
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shall
include
the
electric
utility
organizing
and
facilitating
1
a
stakeholder
conference
with
representatives
of
the
2
commission,
the
consumer
advocate,
and
the
electric
utility’s
3
customers.
Division
I
of
the
bill
directs
the
electric
utility
4
to
make
a
good
faith
effort
to
inform
and
consider
input
from
5
the
commission,
the
consumer
advocate,
and
stakeholders.
6
Division
II
of
the
bill
provides
that
it
is
the
intent
of
7
the
general
assembly
to
encourage
public
utility
innovation
8
in
pricing
and
programs,
and
that
the
new
innovations
not
9
negatively
impact
nonparticipating
customers.
Division
II
10
of
the
bill
additionally
provides
that
it
is
the
intent
of
11
the
general
assembly
to
attract
and
retain
customers
for
the
12
benefit
of
the
state’s
economy,
support
of
economical
energy
13
production,
and
support
of
sustainable
energy
production.
14
Division
II
of
the
bill
authorizes
a
tariff
program.
15
Division
II
of
the
bill
provides
that
a
tariff
shall
comply
16
with
several
provisions.
The
tariff
shall
be
optional
for
17
customers,
define
eligible
customer
groups,
and
assess
18
program
costs
to
participating
customers.
Program
costs
19
shall
include
specified
direct
costs
arising
from
the
tariff
20
program
and
costs
related
to
the
implementation
of
tariff
21
programs.
Participants
of
a
tariff
program
shall
participate
22
in
future
indirect
costs
allocated
to
customers
of
that
23
utility
without
regard
for
the
existence
of
an
approved
tariff.
24
The
tariff
shall
not
allow
for
an
eligible
customer
group
25
excluding
directly
competing
customers
in
the
same
customer
26
service
territory,
alter
existing
base
rate
or
charges
of
27
the
public
utility,
or
negatively
impact
nonparticipating
28
customers.
Negative
impacts
include
additional
costs
incurred
29
by
nonparticipating
customers
due
to
costs
arising
from
the
30
tariff,
tariff
participants
no
longer
sharing
in
customer
31
class
costs,
or
decreased
customer
benefit
from
existing
32
infrastructure.
33
Division
II
of
the
bill
explains
that
a
tariff
may
include
34
provisions
relating
to
recovery
of
costs,
rate
of
return,
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application
of
the
program
to
other
specified
patterns,
program
1
benefits,
and
refunds,
credits,
or
waivers
when
the
program
2
replaces
an
existing
service,
or
recovery
of
costs
associated
3
with
existing
facilities.
A
participating
program
customer
4
shall
pay
the
costs
of
the
services
received
from
the
public
5
utility
unless
the
costs
are
refunded,
credited,
or
waived
6
under
the
program.
Division
II
of
the
bill
provides
that
7
if
the
program
or
eligible
customer
group
cease
to
exist
and
8
the
public
utility
seeks
recovery
of
the
program-specific
9
facilities
through
a
general
rate
case
proceeding,
the
public
10
utility
shall
demonstrate
the
reasonableness
and
prudence
11
without
any
presumption
regarding
approval
of
such
request.
A
12
public
utility
shall
be
allowed
to
recover
program-specific
13
facilities
through
general
rate
case
proceedings.
If
the
14
utility
can
demonstrate
to
the
commission
that
the
proposed
15
tariff
generates
excess
revenue
for
the
utility
as
compared
to
16
total
revenue
without
the
tariff,
the
excess
revenue
may
be
17
retained
by
the
utility.
18
Division
II
of
the
bill
provides
for
tariff
application
19
and
approval.
A
public
utility’s
authority
is
not
mandatory
20
regarding
tariffs.
Division
II
of
the
bill
provides
that
an
21
application
for
a
tariff
or
amendment
to
a
tariff
shall
be
22
filed
with
the
commission.
The
commission
shall
approve,
deny,
23
or
docket
for
further
review
an
application
within
30
days.
24
If
the
commission
dockets
the
application
for
further
review,
25
the
commission
shall
render
a
decision
within
90
days
from
the
26
date
of
application
filing,
unless
an
objection
is
filed.
The
27
commission
shall
not
reconsider
existing
programs
previously
28
approved
under
the
tariff
during
a
review
of
an
application
29
for
an
amendment
to
a
tariff
unless
the
review
of
a
program
is
30
proposed
as
part
of
the
amendment.
31
Division
II
of
the
bill
prohibits
the
commission
from
32
certain
actions.
Division
II
of
the
bill
provides
that
33
the
commission
shall
not
limit
the
number
of
applications
a
34
public
utility
may
file,
deny,
or
condition
the
approval
of
a
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tariff
because
a
public
utility
is
subject
to
an
alternative
1
regulatory
mechanism,
or
require
a
public
utility
subject
to
an
2
alternative
regulatory
mechanism
to
record
revenues
and
costs
3
in
an
inconsistent
manner
with
specified
federal
standards,
4
provided
that
the
proposed
tariff
would
not
result
in
5
detrimental
treatment
of
other
customers
or
require
adjustment
6
to
the
calculation
of
the
alternative
regulatory
mechanism
to
7
reflect
the
impact
of
an
approved
tariff.
Division
II
of
the
8
bill
prohibits
the
commission
from
conditioning
approval
of
a
9
tariff
on
the
requirement
that
the
public
utility
change
the
10
proposal
to
unagreed-upon
terms,
but
this
prohibition
does
not
11
prevent
the
commission
from
identifying
changes
to
the
proposal
12
that
might
result
in
approval.
13
Division
II
of
the
bill
provides
that
tariffs
and
programs
14
approved
pursuant
to
division
II
of
the
bill
shall
be
15
rebuttably
presumed
to
be
just
and
reasonable
in
general
rate
16
case
proceedings.
Division
II
of
the
bill
prohibits
the
17
commission
from
conditioning
approval
or
denial
of
a
tariff
18
on
the
final
adoption
of
rules
and
requires
the
commission
to
19
adopt
rules
related
to
division
II
of
the
bill.
20
Division
II
of
the
bill
applies
to
a
public
utility
filing
an
21
application
with
the
commission
for
review
of
a
tariff
on
or
22
after
the
effective
date
of
division
II
of
the
bill.
23
Division
III
of
the
bill
relates
to
electric
transmission
24
lines
and
electric
transmission
owners.
Division
III
of
the
25
bill
expounds
the
legislative
purpose
of
Code
section
478.16,
26
identifying
Iowa
consumers’
urgent
need
for
development
and
27
investment
in
high-voltage
transmission.
Division
III
of
the
28
bill
provides
that
an
incumbent
electric
transmission
owner
may
29
be
formed,
located,
or
headquartered
in
any
state
as
long
as
30
the
electric
transmission
line
is
located
in
Iowa.
31
Division
III
of
the
bill
defines
an
“incumbent
electric
32
transmission
owner”
as
an
individual
or
entity
who,
as
of
July
33
1,
2024,
owns
and
maintains
an
electric
transmission
line
34
in
this
state
that
is
required
for
rate-regulated
electric
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utilities,
municipal
electric
utilities,
and
rural
electric
1
cooperatives
in
the
state
to
provide
electric
service
to
the
2
public
for
compensation.
3
Under
division
III
of
the
bill,
an
incumbent
electric
4
transmission
facility
owner
has
the
right
to
construct,
own,
5
and
maintain
an
electric
transmission
line
that
directly
6
connects
to
the
electric
transmission
facility.
If
a
proposed
7
transmission
line
would
directly
connect
to
facilities
owned
8
by
two
or
more
facility
owners,
each
owner
has
the
right
to
9
construct,
own,
and
maintain
the
electric
transmission
line
10
individually
and
equally.
11
Division
III
of
the
bill
requires
an
incumbent
electric
12
transmission
owner
exercising
its
right
to
construct,
own,
13
and
maintain
an
electric
transmission
line
to
offer
public
14
power
utilities
an
opportunity
to
jointly
own
a
portion
of
the
15
electric
transmission
line.
The
offered
amount
must
be
at
16
least
the
amount
of
the
public
power
utility’s
electric
load
17
divided
by
the
total
electric
load
in
the
applicable
incumbent
18
electric
transmission
owner’s
pricing
zone.
Division
III
of
19
the
bill
does
not
prohibit
the
entities
from
agreeing
to
joint
20
ownership
in
a
different
amount.
Additionally,
division
III
of
21
the
bill
allows
the
public
power
utility
to
transfer
or
assign
22
its
joint
ownership
rights
to
another
public
power
utility
23
or
group
of
public
power
utilities
with
the
consent
of
the
24
incumbent
electric
transmission
owner.
25
Division
III
of
the
bill
allows
an
incumbent
electric
26
transmission
owner
exercising
its
right
to
construct,
own,
27
and
maintain
an
electric
transmission
line
to
contract
with
28
another
electric
transmission
owner
or
electric
public
utility
29
to
jointly
own
a
portion
of
the
electric
transmission
line.
30
Division
III
of
the
bill
requires
the
incumbent
electric
31
transmission
owner
or
owners
with
approved
electric
32
transmission
lines
not
subject
to
right
of
first
refusal
33
in
a
federally
registered
planning
authority
transmission
34
plan
to
give
notice
to
the
commission
whether
the
owner
or
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owners
intend
to
construct,
own,
and
maintain
the
electric
1
transmission
line.
The
notice
shall
be
given
within
the
later
2
of
90
days
of
approval
for
construction
or
90
days
after
3
enactment
of
division
III
of
the
bill.
The
commission
may
4
determine
whether
another
person
may
construct
the
electric
5
transmission
line
if
the
incumbent
electric
transmission
owner
6
or
owners
give
notice
declining
to
construct
or
do
not
give
7
timely
notice.
8
Division
III
of
the
bill
requires
incumbent
electric
9
transmission
owners
to
provide
documentation
to
the
commission
10
that
shows
utilization
of
competitively
bid
construction
11
contracts
that
meet
all
necessary
technical,
commercial,
and
12
other
specifications
required
for
compliant
construction.
13
Division
III
of
the
bill
allows
the
consumer
advocate
free
14
access
to
all
documents,
reports,
and
information
submitted
to
15
the
commission
regarding
cost
accountability
measures
for
the
16
construction
of
electric
transmission
lines.
These
documents,
17
reports,
and
information
may
be
used
by
the
consumer
advocate
18
for
any
purpose
within
the
scope
of
the
consumer
advocate’s
19
duties.
These
provisions
do
not
create
a
private
cause
of
20
action
or
complaint.
21
Division
III
of
the
bill
directs
the
commission
to
adopt
22
rules
to
implement
the
land
restoration
requirements
after
23
initial
construction
of
an
electric
transmission
line
as
set
24
forth
in
division
III
of
the
bill.
25
Division
III
of
the
bill
requires
incumbent
electric
26
transmission
owners
to
repair
drain
tiles
damaged
during
27
construction
as
soon
as
practicable
and
to
complete
permanent
28
repairs
as
soon
as
practicable
after
initial
construction.
The
29
permanent
repairs
must
be
of
the
same
quality,
size,
and
flow
30
capacity
of
the
original
drain
tile.
31
Division
III
of
the
bill
requires
incumbent
electric
32
transmission
owners
to
remove
all
nonnative
rocks
larger
33
than
three
inches
in
diameter
from
the
easement
area.
The
34
disposal
of
rock
that
cannot
be
used
as
backfill
must
be
done
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at
a
location
and
in
a
manner
agreed
to
between
the
incumbent
1
electric
transmission
owner
and
the
landowner.
2
Division
III
of
the
bill
requires
the
incumbent
electric
3
transmission
owner
to
till
agricultural
land
affected
by
4
construction,
including
right-of-way
access
points
or
roads,
5
after
electric
transmission
line
construction
activities
are
6
completed
on
the
affected
property.
The
land
must
be
tilled
7
at
least
18
inches
deep
in
land
used
for
crop
production
and
12
8
inches
deep
in
all
other
land,
unless
otherwise
agreed
to
by
9
the
landowner.
10
Division
III
of
the
bill
requires
the
incumbent
electric
11
transmission
owner
to
restore
soil
conservation
practices
12
and
structures
damaged
during
construction
to
their
previous
13
state,
compact
the
soil
used
to
repair
embankments
intended
to
14
retain
water,
and
reestablish
any
vegetation
disturbed
during
15
construction,
including
cover
crops.
16
Division
III
of
the
bill
requires
the
incumbent
electric
17
transmission
owner
to
reseed
the
agricultural
land,
excluding
18
row
crops
and
small
grain
production,
following
compaction
19
of
the
land.
Seeding
for
cover
crops
may
be
delayed
if
20
construction
is
completed
too
late
in
the
year
and
is
not
21
required
if
the
land
will
be
tilled
the
following
year.
When
22
the
season
is
not
suitable
for
the
seeding
of
cover
crops,
the
23
landowner
may
request
ground
cover
to
prevent
soil
erosion.
24
Division
III
of
the
bill
requires
the
incumbent
electric
25
transmission
owner
to
remove
all
field
entrances
and
temporary
26
roads
used
during
construction
and
to
restore
the
areas
to
27
their
previous
state
following
the
completion
of
the
initial
28
construction.
29
Division
III
of
the
bill
requires
the
incumbent
electric
30
transmission
owner
to
use
good
practices
when
constructing
in
31
wet
conditions
and
to
grade
and
till
any
rutted
land
in
order
32
to
restore
the
land
to
its
original
condition
to
the
extent
33
practicable.
Additionally,
division
III
of
the
bill
allows
34
the
landowner
to
repair
damage
caused
by
construction
in
wet
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conditions.
The
incumbent
electric
transmission
owner
shall
1
then
reimburse
the
landowner
for
reasonable
costs
of
repair.
2
Division
III
of
the
bill
requires
an
electric
transmission
3
owner
to
utilize
mudflats,
mats,
or
other
measures
to
minimize
4
soil
disturbance
when
using
heavy
equipment
in
wetlands.
5
Division
III
of
the
bill
requires
the
incumbent
electric
6
transmission
owner
to
provide
contact
information
to
all
7
persons
affected
by
the
construction
of
each
transmission
line.
8
Division
III
of
the
bill
allows
the
commission
to
appoint
an
9
inspector
to
determine
compliance
with
restoration
standards
10
in
the
event
the
incumbent
electric
transmission
owner
and
the
11
landowner
dispute
over
potential
violations.
The
cost
of
the
12
inspection
shall
be
paid
by
the
incumbent
electric
transmission
13
owner.
If
the
inspector
determines
there
have
been
violations
14
of
the
restoration
standards,
the
commission
will
provide
oral
15
and
written
notice
to
the
incumbent
electric
transmission
16
owner.
The
commission
will
order
corrective
actions
be
taken
17
to
comply
with
the
standards.
The
costs
of
the
corrective
18
actions
will
be
borne
by
the
electric
transmission
owner.
19
Division
III
of
the
bill
allows
the
commission
to
issue
an
20
order
requiring
corrective
action
and
impose
civil
penalties
if
21
the
incumbent
electric
transmission
owner
or
its
contractor
do
22
not
comply
with
the
required
standards.
23
Division
III
of
the
bill
requires
the
commission
to
instruct
24
the
inspectors
on
the
statutes,
rules,
and
responsibilities
25
regarding
restoration
standards.
26
Division
III
of
the
bill
requires
petitioners
for
a
27
franchise
for
electric
transmission
construction
to
file
a
land
28
restoration
plan
outlining
how
the
construction
will
conform
29
to
the
required
standards.
The
restoration
plan
will
also
be
30
provided
to
all
property
owners
affected
by
the
construction.
31
Division
III
of
the
bill
allows
alternative
provisions
in
32
independent
agreements
with
landowners
regarding
protecting
or
33
restoring
property
as
long
as
these
provisions
are
in
writing
34
and
are
provided
to
the
commission.
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Division
III
of
the
bill
allows
electric
transmission
1
owners
to
propose
alternate
methods
of
land
restoration
to
the
2
commission.
The
commission,
by
waiver,
may
allow
variations
3
to
the
land
restoration
requirements
if
the
proposed
alternate
4
methods
would
restore
the
land
to
a
condition
as
good
or
better
5
than
those
required
by
division
III
of
the
bill.
6
Division
III
of
the
bill
allows
the
commission
to
waive
the
7
preparation
of
a
separate
land
restoration
plan,
in
whole
or
in
8
part,
if
the
incumbent
electric
transmission
owner
satisfies
9
the
requirements
through
similar
agreement
with
other
agencies
10
in
the
state.
The
relevant
agreements
must
be
filed
with
the
11
commission.
12
Division
III
of
the
bill
does
not
limit,
expand,
or
otherwise
13
modify
the
rights
of
access
and
obligations
for
damages
set
14
forth
in
Code
section
478.17.
15
Division
III
of
the
bill
takes
effect
upon
enactment.
16
Division
III
of
the
bill
applies
retroactively
to
an
17
electric
transmission
line
included
in
a
federally
registered
18
planning
authority
long-term
transmission
plan
approved
on
19
or
after
July
1,
2020,
with
the
exception
of
the
provisions
20
requiring
incumbent
electric
transmission
owners
to
offer
21
public
power
utilities
the
option
to
jointly
own
qualifying
22
electric
transmission
lines.
For
this
exception,
division
III
23
of
the
bill
applies
retroactively
to
July
1,
2024.
24
Division
IV
of
the
bill
relates
to
the
energy
infrastructure
25
revolving
loan
program,
which
is
renamed
as
the
“energy
and
26
water
infrastructure
revolving
loan
program”.
27
Under
current
law,
the
energy
infrastructure
revolving
loan
28
fund
(fund)
and
program
are
administered
by
the
Iowa
energy
29
center
(center).
Division
IV
of
the
bill
instead
places
30
the
administrative
duty
with
the
Iowa
economic
development
31
authority
(IEDA)
and
renames
the
fund
the
“energy
and
water
32
infrastructure
revolving
loan
fund”.
33
Division
IV
of
the
bill
adds
financial
assistance
for
the
34
development
and
construction
of
water
infrastructure
that
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supports
economic
development
to
the
fund’s
approved
uses,
1
including
drinking
water
treatment
systems
and
wastewater
2
treatment
systems.
3
Division
IV
of
the
bill
expands
the
entities
eligible
for
4
assistance
under
the
fund
to
include
a
county
or
city.
5
Under
current
law,
the
approval
of
the
center’s
governing
6
board
is
required
before
IEDA
can
determine
the
amount
and
7
the
terms
of
all
financial
assistance
awarded
to
an
eligible
8
borrower
and
all
agreements
and
administrative
authority
are
9
vested
in
the
center’s
governing
board.
Division
IV
of
the
10
bill
removes
the
approval
requirement
by
the
center
and
its
11
authority
regarding
agreements.
12
Division
IV
of
the
bill
adds
that
to
be
eligible
for
13
a
financial
assistance
award
under
the
energy
and
water
14
infrastructure
revolving
loan
program,
an
eligible
borrower
15
must
demonstrate
that
the
proposed
project
will
attract
and
16
encourage
the
location
of
new
industrial
enterprise
or
the
17
expansion
of
existing
industrial
enterprise.
Division
IV
18
of
the
bill
states
that
IEDA
shall
determine
the
amount
and
19
the
terms
of
all
financial
assistance
awarded
to
an
eligible
20
borrower
under
the
program
and
that
all
agreements
and
21
administrative
authority
shall
be
vested
in
IEDA.
Division
22
IV
of
the
bill
provides
that
IEDA
may
adopt
rules
for
the
23
implementation
of
this
program.
24
Division
IV
of
the
bill
grants
IEDA
the
ability
to
authorize
25
the
transfer
of
up
to
$633,000
annually
to
Iowa
state
26
university
of
science
and
technology
to
be
used
for
providing
27
financial
assistance
to
the
state
load
forecasting
center.
28
Division
V
of
the
bill
relates
to
anaerobic
digester
29
systems.
Division
V
of
the
bill
states
its
purpose
is
to
30
provide
requirements
relating
to
the
construction,
including
31
the
expansion,
and
operation
of
anaerobic
digester
systems
and
32
the
control
of
digestate.
Division
V
of
the
bill
directs
the
33
environmental
protection
commission
to
make
rules
for
this
34
stated
purpose.
Division
V
of
the
bill
states
that
if
the
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provisions
of
new
Code
chapter
459C
conflict
with
Code
chapter
1
459,
459A,
or
459B,
the
provisions
of
Code
chapter
459C
shall
2
prevail.
3
Division
V
of
the
bill
directs
the
department
of
natural
4
resources
(DNR)
to
approve
applications
for
permits
for
5
construction,
including
expansion,
of
anaerobic
digester
6
systems
based
on
procedures
required
in
division
V
of
the
7
bill
and
rules
created
by
DNR
pursuant
to
division
V
of
the
8
bill.
Division
V
of
the
bill
prohibits
the
construction
of
9
an
anaerobic
digester
system,
regardless
of
size,
until
the
10
construction
permit
has
been
approved.
The
applicant
must
11
also
submit
a
$250
permit
application
fee,
a
written
plan
for
12
disposal
of
the
digestate,
and
a
written
operation
plan
for
an
13
anaerobic
digester
system.
14
Division
V
of
the
bill
requires
an
anaerobic
digester
15
system
to
accept
only
manure
unless
DNR
otherwise
approves
the
16
inclusion
of
organic
by-product,
food
product,
or
food
for
17
human
consumption.
Nonmanure
materials
shall
not
compose
more
18
than
10
percent
of
the
total
material
added
to
an
anaerobic
19
digester
system.
20
Division
V
of
the
bill
requires
a
daily
record
of
materials
21
added
to
an
anaerobic
digester
system
to
be
kept
and
maintained
22
at
the
facility
and
grants
DNR
the
authority
for
additional
23
testing
or
monitoring
of
the
materials
added
to
an
anaerobic
24
digester
system
and
the
digestate.
25
Division
V
of
the
bill
prohibits
medical
wastes,
including
26
expired
or
unused
antibiotics,
petroleum
products
not
designed
27
for
use
in
manure
storage
facilities,
pesticides,
paints,
28
solvents,
hazardous
materials,
municipal
or
sanitary
waste
29
or
sludge,
industrial
wastewater,
contaminated
feedstock,
30
slaughterhouse
wastes,
and
residues
from
processing
of
food
31
materials
that
have
not
been
deemed
acceptable
for
human
32
consumption
from
being
processed
in
an
anaerobic
digester
33
system.
34
Division
V
of
the
bill
directs
DNR
to
adopt
rules
to
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establish
construction
design
standards
for
formed
manure
1
storage
structures
that
are
part
of
an
anaerobic
digester
2
system.
Division
V
of
the
bill
requires
construction
design
3
standards
to
be
based
upon
uniform
standards
and
provides
4
construction
design
standards
for
concrete.
5
Division
V
of
the
bill
prohibits
the
construction
of
6
unformed
manure
storage
structures
on
karst
terrain,
but
allows
7
the
construction
of
a
formed
manure
storage
structure
on
8
karst
terrain
or
an
area
that
drains
into
a
known
sinkhole
if
9
upgraded
construction
design
standards
necessary
to
ensure
that
10
the
structure
does
not
pollute
groundwater
sources
are
used.
11
Division
V
of
the
bill
provides
separation
distance
12
requirements
between
an
anaerobic
digester
system
manure
13
storage
structure
and
a
surface
intake
of
a
drainage
well,
14
wellhead,
cistern
of
an
agricultural
well,
known
sinkhole,
15
water
source,
or
wetland.
Division
V
of
the
bill
provides
16
exceptions
for
a
location
or
object
and
a
farm
pond
or
17
privately
owned
lake.
18
Division
V
of
the
bill
prohibits
construction,
expansion,
19
or
diversion
of
a
water
source
or
the
designation
of
a
20
wetland
if
the
action
would
cause
an
anaerobic
digester
system
21
manure
storage
structure
to
be
in
violation
of
the
distance
22
requirements.
23
Division
V
of
the
bill
prohibits
an
anaerobic
digester
24
system
manure
storage
structure
from
being
constructed
on
land
25
that
is
part
of
a
100
year
floodplain
as
determined
by
DNR.
26
Division
V
of
the
bill
states
there
are
no
distance
27
requirements
between
a
location
or
object
and
a
farm
pond
or
28
privately
owned
lake.
Additionally,
distance
requirements
29
do
not
apply
to
an
anaerobic
digester
system
manure
storage
30
structure
constructed
with
a
secondary
containment
barrier
31
approved
by
DNR.
32
Division
V
of
the
bill
provides
separation
distances
between
33
an
anaerobic
digester
system
manure
storage
structure
and
a
34
residence,
bona
fide
religious
institution,
public
use
area,
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commercial
enterprise,
educational
institution,
or
public
1
thoroughfare.
Division
V
of
the
bill
allows
the
titleholder
2
of
the
land
benefiting
from
the
distance
requirements
to
waive
3
the
distance
requirements.
Division
V
of
the
bill
allows
the
4
state
or
political
subdivision
to
waive
distance
requirements
5
of
public
thoroughfares.
The
waivers
must
be
filed
with
the
6
county
recorder
before
becoming
effective.
7
Division
V
of
the
bill
allows
an
anaerobic
digester
8
system
manure
storage
structure
to
be
within
the
distance
9
requirement
from
a
residence,
educational
institution,
10
commercial
enterprise,
bona
fide
religious
institution,
city,
11
or
public
use
area
if
the
anaerobic
digester
system
manure
12
storage
structure
was
operating
in
conformance
with
distance
13
requirements,
but
was
brought
within
the
distance
requirement
14
due
to
the
expansion
or
construction
of
a
residence,
15
educational
institution,
commercial
enterprise,
bona
fide
16
religious
institution,
city,
or
public
use
area.
A
change
in
17
ownership
or
expansion
of
an
anaerobic
digester
system
shall
18
not
change
the
established
date
of
operation.
19
Division
V
of
the
bill
requires
an
anaerobic
digester
system
20
to
retain
all
digestate
produced
by
operation
between
periods
21
of
digestate
disposal
or
delivery
to
animal
feeding
operations
22
and
to
dispose
the
digestate
in
a
manner
that
will
not
cause
23
surface
water
or
groundwater
pollution.
24
Division
V
of
the
bill
requires
the
owner
of
an
anaerobic
25
digester
system
that
discontinues
the
use
of
the
operation
to
26
remove
all
digestate
from
related
anaerobic
digester
system
27
structures
used
to
store
digestate
within
six
months
following
28
the
date
that
the
anaerobic
digester
system
is
discontinued.
29
Division
V
of
the
bill
requires
materials
returned
to
an
30
animal
feeding
operation
for
land
application
be
accounted
for
31
in
the
animal
feeding
operation’s
manure
management
plan
or
32
nutrient
management
plan
and
that
the
owner
of
the
anaerobic
33
digester
system
must
satisfy
all
applicable
laws
for
proper
34
application
of
any
portion
of
the
digestate
not
returned
to
an
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animal
feeding
operation.
1
Division
V
of
the
bill
allows
an
anaerobic
digester
system
to
2
stockpile
materials
prior
to
digestation
or
dry
digestate
so
3
long
as
the
facility
stockpiles
the
materials
and
dry
digestate
4
in
compliance
with
restrictions
applicable
to
stockpiling
as
5
provided
in
division
V
of
the
bill.
Division
V
of
the
bill
6
prohibits
anaerobic
digester
system
stockpiles
from
commingling
7
with
animal
feeding
operation
stockpiles.
8
Division
V
of
the
bill
provides
separation
distance
9
requirements
between
a
stockpile
and
a
designated
area
that
10
includes
a
known
sinkhole,
a
cistern,
an
abandoned
well,
an
11
unplugged
agricultural
drainage
well,
an
agricultural
drainage
12
well
surface
inlet,
a
drinking
water
well,
a
designated
13
wetland,
or
a
water
source.
Special
separation
distance
14
requirements
are
provided
for
a
high-quality
water
resource,
an
15
agricultural
drainage
well,
or
a
known
sinkhole.
Division
V
16
of
the
bill
provides
special
separation
distance
requirements
17
between
a
stockpile
and
a
terrace
tile
inlet
or
surface
tile
18
inlet.
An
exception
allows
a
stockpile
to
be
located
closer
19
than
otherwise
required
from
these
water
sources
so
long
as
it
20
is
maintained
in
a
manner
that
will
not
allow
precipitation
21
induced
runoff
to
drain
from
the
material
or
dry
digestate.
22
Division
V
of
the
bill
also
provides
separation
distance
23
requirements
between
a
stockpile
and
a
residence,
bona
fide
24
religious
institution,
public
use
area,
commercial
enterprise,
25
or
educational
institution.
26
Division
V
of
the
bill
provides
that
a
stockpile
cannot
be
27
located
in
a
grassed
waterway.
The
stockpile
also
cannot
be
28
located
on
a
slope
of
a
certain
grade,
unless
efforts
are
taken
29
to
contain
the
stockpile
and
prevent
runoff.
30
If
the
materials
or
dry
digestate
are
not
stockpiled
on
31
karst
terrain,
division
V
of
the
bill
does
not
provide
any
32
requirements
so
long
as
the
materials
or
dry
digestate
are
33
stockpiled
for
15
days
or
less.
Otherwise,
division
V
of
the
34
bill
requires
a
person
to
comply
with
stockpiling
requirements
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or
file
a
monthly
inspection
report
with
DNR.
The
special
1
stockpiling
requirements
include
either
the
use
of
a
structure
2
or
the
use
of
an
impermeable
cover.
However,
if
the
stockpile
3
is
covered
on
a
long-term
basis,
it
must
be
sited
on
compacted
4
or
other
prepared
ground.
5
Division
V
of
the
bill
states
that
if
a
proposed
stockpile
6
is
located
on
potential
karst
terrain,
a
qualified
person
must
7
test
the
ground
in
conformance
with
requirements
described
in
8
division
V
of
the
bill
and
submit
a
soil
report
to
confirm
9
whether
the
proposed
stockpile
location
is
on
karst
terrain.
10
If
the
material
or
dry
digestate
is
stockpiled
on
karst
11
terrain,
there
must
be
a
separation
distance
between
the
bottom
12
of
the
stockpile
and
the
soluble
rock,
regardless
of
how
long
13
the
stockpile
is
located
at
that
location.
For
material
or
dry
14
digestate
that
is
stockpiled
for
more
than
15
days,
special
15
compliance
requirements
apply,
including
either
the
use
of
a
16
structure
or
an
impermeable
cover.
If
the
stockpile
is
located
17
at
that
location
on
a
long-term
basis,
it
must
be
sited
on
18
concrete.
19
Division
V
of
the
bill
requires
a
person
stockpiling
20
material
or
dry
digestate
to
comply
with
all
applicable
21
national
pollutant
discharge
elimination
system
permit
22
requirements
pursuant
to
the
federal
Water
Pollution
Control
23
Act.
24
Division
V
of
the
bill
requires
a
person
stockpiling
25
materials
or
dry
digestate
to
remove
the
dry
digestate
and
26
apply
it
in
accordance
with
the
provisions
of
division
V
of
the
27
bill
within
six
months
after
the
materials
or
dry
digestate
are
28
first
stockpiled.
29
Division
V
of
the
bill
directs
DNR
and
the
attorney
general
30
to
enforce
Code
chapter
459C
in
the
same
manner
as
provided
in
31
Code
chapter
459,
subchapter
VI.
A
person
who
violates
the
32
provisions
of
division
V
of
the
bill
for
which
the
alleged
harm
33
is
related
to
air
quality
shall
be
subject
to
the
same
penalty
34
as
provided
in
Code
section
459.602.
A
person
who
violates
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the
provisions
of
division
V
of
the
bill
for
which
the
alleged
1
harm
is
related
to
water
quality
shall
be
subject
to
the
same
2
penalties
as
provided
in
Code
section
459.603.
A
habitual
3
violator
of
the
provisions
of
division
V
of
the
bill
shall
be
4
subject
to
the
same
penalties
and
restrictions
as
provided
in
5
Code
sections
459.604
and
459.605.
Any
collected
civil
penalty
6
and
interest
on
a
civil
penalty
shall
be
credited
to
the
Iowa
7
nutrient
research
fund
created
in
Code
section
466B.46.
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