Title XI, NATURAL RESOURCES (Ch. 455 - 485)

1. On and after January 1, 2013, the owner of an alternate energy production facility, as defined in section 476.42 , which when constructed or installed will be attached to an electric transmission or distribution line or attached to equipment which is attached to an electric tr…

If there shall be filed with the commission by any public utility an application requesting the commission to determine the reasonableness of the utility’s rates, charges, schedules, service or regulations, the commission shall promptly initiate a formal proceeding. Such a formal…

It is the intent of the general assembly that a public utility should not directly or indirectly include in regulated rates or charges any costs or expenses of an affiliate engaged in any business other than that of utility business unless the affiliate provides goods or services…

As used in this subchapter , unless the context otherwise requires: 1. “Affiliate” means a party that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with a rate-regulated public utility. 2. “Control” means the po…

1. Access to records. Every public utility and affiliate through the public utility shall provide the commission with access to books, records, accounts, documents, and other data and information which the commission finds necessary to effectively implement and effectuate the pro…

1. Goods and services. All contracts or arrangements providing for the furnishing or receiving of goods and services including but not limited to the furnishing or receiving of management, supervisory, construction, engineering, accounting, legal, financial, marketing, data proce…

The commission may periodically retain a nationally or regionally recognized independent auditing firm to conduct an audit of the transactions between a public utility and its affiliates. An affiliate transaction audit shall not be conducted more frequently than every three years…

For purposes of this subchapter unless the context otherwise requires, “reorganization” means either of the following: 1. The acquisition, sale, lease, or any other disposition, directly or indirectly, including by merger or consolidation, of the whole or any substantial part of …

1. A reorganization shall not take place if the commission disapproves. Prior to reorganization, the applicant shall file with the commission a proposal for reorganization with supporting testimony and evidence to establish that the reorganization is not contrary to the interests…

A public utility shall not directly or indirectly include any costs or expenses attributable to providing nonutility service in regulated rates or charges. Except for contracts existing as of July 1, 1996, a public utility or its affiliates shall not use vehicles, service tools a…

1. A public utility providing any nonutility service to its customers shall keep and render to the commission separate records of the nonutility service. The commission may provide for the examination and inspection of the books, accounts, papers, and records of the nonutility se…

1. Every public utility is required to furnish reasonably adequate service and facilities. “Reasonably adequate service and facilities” for public utilities furnishing gas or electricity includes programs for customers to encourage the use of energy efficiency and renewable energ…

A public utility which engages in a systematic marketing effort as defined by the commission, other than on an incidental or casual basis, to promote the availability of nonutility service from the public utility shall make available at reasonable compensation on a nondiscriminat…

The commission may periodically retain a nationally or regionally recognized independent auditing firm to conduct an audit of the nonutility services provided by a public utility subject to the provisions of section 476.80 . A nonutility service audit shall not be conducted more …

Notwithstanding any language to the contrary, nothing in this subchapter shall prohibit a public utility from participating in or conducting energy efficiency projects or programs established or approved by the commission or required by statute. A public utility participating in …

Any person may file a written complaint with the commission requesting that the commission determine compliance by a public utility with the provisions of section 476.78 , 476.79 , or 476.80 , or any validly adopted rules to implement these sections. Upon the filing of a complain…

1. This section applies to the acquisition of water, sanitary sewer, and storm water utilities by rate-regulated public utilities. This section does not apply to the acquisition of such utilities by non-rate-regulated entities described in section 476.1, subsection 3 . 2. a. A pu…

As used in this section and section 476.87 , unless the context otherwise requires: 1. “Aggregator” means a person who combines retail end users into a group and arranges for the acquisition of competitive natural gas services without taking title to those services. 2. a. “Compet…

1. The commission shall certify all competitive natural gas providers and aggregators providing natural gas services in this state. In an application for certification, a competitive natural gas provider or aggregator must reasonably demonstrate managerial, technical, and financi…

1. Every public utility, except telecommunications service providers registered pursuant to section 476.95A , shall keep and render to the commission, in the manner and form prescribed by the commission, uniform accounts of all business transacted. 2. Every public utility engaged…

1. Definitions. As used in this section , unless the context otherwise requires: a. “Alternative operator services company” means a nongovernmental company which receives more than half of its Iowa intrastate telecommunications services revenues from calls placed by end-user cust…

1. For purposes of this section : a. “Internet protocol-enabled service” means any service, capability, functionality, or application that uses internet protocol or any successor protocol and enables an end user to send or receive voice, data, or video communications in internet …

1. A provider of telecommunications service, as defined in section 476.103 , offering telephone numbers to retail customers in this state shall register annually with the commission. 2. An applicant shall complete an application for registration on a form provided by the commissi…

1. The commission may exercise any powers reserved or delegated to the state by the federal Telecommunications Act of 1996 or any other federal law, rule, or order thereunder, and may hear and resolve any dispute arising thereunder, including but not limited to intercarrier compe…

As used in this subchapter , unless the context otherwise requires: 1. “Agency” means an agency as defined in section 17A.2, subsection 1 . 2. “Certificate” means a certificate of public convenience, use and necessity issued pursuant to section 476A.6 . 3. “Commence to construct”…

The applicant for a certificate, or an amendment to a certificate, shall pay all the costs and expenses incurred by the commission in reaching a decision on the application including the costs of examinations of the site, the hearing, publishing of notice, commission staff salari…

Notwithstanding the provisions of chapter 17A : 1. Any proceeding or oral presentation held on an application for a certificate or an amendment to a certificate shall be held in lieu of any other proceeding or oral presentation required for a license or permit necessary for the c…

The commission shall adopt rules pursuant to chapter 17A necessary to implement the provisions of this subchapter including but not limited to the promulgation of facility siting criteria, the form for an application for a certificate and an amendment to a certificate, the descri…

1. The commission may request staff assistance from other federal, state and local agencies, pursuant to chapter 28D , to assist in discharging the responsibilities assigned to the commission pursuant to this subchapter . The commission may exercise the powers and responsibilitie…

1. Any person who commences to construct a facility as provided in this subchapter without having first obtained a certificate, or who constructs, operates, or maintains any facility other than in compliance with a certificate issued by the commission or a certificate amended pur…

The commission, if it determines that the public interest would not be adversely affected, may waive any of the requirements of this subchapter . 83 Acts, ch 127, §40 ; 90 Acts, ch 1252, §47 ; 2001 Acts, 1st Ex, ch 4, §16, 35, 36 ; 2024 Acts, ch 1170, §369

1. Commencing January 1, 1977, a person shall not commence to construct a facility except as provided in section 476A.9 unless a certificate for the facility has been issued by the commission. This subchapter shall not apply to persons who prior to July 1, 1976: a. Have acquired …

An application for a certificate or an amendment to a certificate shall be submitted to the commission on such forms as the commission may prescribe. Copies of the application shall be forwarded to regulatory agencies. Regulatory agencies receiving a copy of the application shall…

1. The proceeding for the issuance of a certificate or an amendment to a certificate shall be treated in the same manner as a contested case pursuant to the provisions of chapter 17A . Upon acceptance of an application by the commission, a public hearing shall be scheduled. 2. Th…

1. The commission shall conduct the contested case proceeding. Regulatory agencies which appear on record at the proceeding shall state whether the application meets their permit and licensing requirements. If the application does not meet such requirements, the regulatory agency…

The commission shall render a decision on the application in an expeditious manner. A certificate shall be issued to the applicant if the commission finds all of the following: 1. The services and operations resulting from the construction of the facility are consistent with legi…

1. Issuance of a certificate by the commission: a. Authorizes construction of the facility on the site designated in the certificate according to the terms and conditions stated in the certificate and licenses and permits issued by regulatory agencies during the proceeding; and, …

Upon issuance of a certificate, notwithstanding any provision of law except statutory requirements relating to the protection of employees engaged in the construction of the facility, a regulatory agency, city or county shall not require any further approval, permit or license fo…

Subsequent to the hearing held pursuant to section 476A.5 and in the event of extensive delay in the issuance of a certificate, the commission may permit an applicant having an application docketed for hearing to begin work to prepare the site for construction of the facility. An…

For purposes of this chapter , unless the context otherwise requires: 1. “Commission” means the utilities commission. 2. “Department” means the department of revenue. 3. “Qualified electricity” means electricity produced from wind at a qualified facility. 4. “Qualified facility” …

The department and the commission may adopt rules pursuant to chapter 17A for the administration and enforcement of this chapter . 2005 Acts, ch 179, §171 ; 2024 Acts, ch 1170, §369

The owner of a qualified facility shall, for each kilowatt-hour of qualified electricity that the owner sells or uses for on-site consumption during the ten-year period beginning on the date the qualified facility was originally placed in service, be allowed a wind energy product…

The wind energy production tax credit allowed under this chapter equals the product of one cent multiplied by the number of kilowatt-hours of qualified electricity sold or used for on-site consumption by the owner during the taxable year. 2004 Acts, ch 1175, §411, 418 ; 2005 Acts…

The wind energy production tax credit shall not be allowed for any kilowatt-hour of electricity that is sold to a related person. For purposes of this section , persons shall be treated as related to each other if such persons would be treated as a single employer under the regul…

1. An owner may apply to the commission for a written determination regarding whether a facility is a qualified facility by submitting to the commission a written application containing all of the following: a. Information regarding the ownership of the facility including the per…

1. a. If a city or a county in which a qualified facility is located has enacted an ordinance under section 427B.26 and an owner has filed for and received special valuation pursuant to that ordinance, the owner is not required to obtain approval from the city council or county b…