View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
S1292............................by KELLY, STENNETT, WERK, MALEPEAI, MARLEY ENERGY FACILITY SITING - Adds to existing law to create an energy facility site evaluation planning committee and to provide membership; to provide for the state energy facility siting management plan; to provide a moratorium on permitting; to provide for permits and licenses; to provide for licenses and their issuance after adoption of the energy siting management plan; to provide for expansion, enlargement or altering of energy facilities; to provide for review and siting licenses; to provide a siting license application, fees and rules; to provide for the creation of site review panels, members, meetings and procedures; to provide for duties of the director of the Department of Environmental Quality upon receipt of a siting license application; to provide for a recommendation; to provide that information obtained shall be a public record; and to provide a remedy for devaluation of property caused by an approved facility. 01/20 Senate intro - 1st rdg - to printing 01/23 Rpt prt - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE SENATE SENATE BILL NO. 1292 BY KELLY, STENNETT, WERK, MALEPEAI, MARLEY 1 AN ACT 2 RELATING TO ENERGY FACILITY SITING; AMENDING TITLE 39, IDAHO CODE, BY THE 3 ADDITION OF A NEW CHAPTER 68, TITLE 39, IDAHO CODE, TO PROVIDE A SHORT 4 TITLE, TO PROVIDE LEGISLATIVE INTENT, TO DEFINE TERMS, TO PROVIDE METHODS 5 OF ENERGY GENERATION, TO CREATE A STATE ENERGY FACILITY PLANNING COMMITTEE 6 AND TO PROVIDE MEMBERSHIP, TO PROVIDE FOR THE STATE ENERGY FACILITY SITING 7 MANAGEMENT PLAN, TO PROVIDE FOR A MORATORIUM ON PERMITTING, TO PROVIDE FOR 8 PERMITS AND LICENSES, TO PROVIDE FOR LICENSES AND THEIR ISSUANCE AFTER 9 ADOPTION OF THE ENERGY FACILITY SITING MANAGEMENT PLAN, TO PROVIDE FOR 10 EXPANSION, ENLARGEMENT OR ALTERATION OF ENERGY FACILITIES, TO PROVIDE FOR 11 REVIEW AND SITING LICENSES, TO PROVIDE A SITING LICENSE APPLICATION, FEES 12 AND RULES, TO PROVIDE FOR THE CREATION OF SITE REVIEW PANELS, MEMBERS, 13 MEETINGS AND PROCEDURES, TO PROVIDE FOR DUTIES OF THE DIRECTOR OF THE 14 DEPARTMENT OF ENVIRONMENTAL QUALITY UPON RECEIPT OF A SITING LICENSE 15 APPLICATION AND TO PROVIDE FOR A RECOMMENDATION, TO PROVIDE THAT INFORMA- 16 TION OBTAINED SHALL BE A PUBLIC RECORD AND TO PROVIDE A REMEDY FOR DEVALU- 17 ATION OF PROPERTY CAUSED BY AN APPROVED FACILITY; DECLARING AN EMERGENCY 18 AND PROVIDING A RETROACTIVE EFFECTIVE DATE. 19 Be It Enacted by the Legislature of the State of Idaho: 20 SECTION 1. That Title 39, Idaho Code, be, and the same is hereby amended 21 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap- 22 ter 68, Title 39, Idaho Code, and to read as follows: 23 CHAPTER 68 24 ENERGY FACILITY SITING 25 39-6801. SHORT TITLE. This chapter shall be known and may be cited as the 26 "State Energy Facility Siting Act." 27 39-6802. LEGISLATIVE INTENT. (1) The legislature of the state of Idaho 28 recognizes that the selection of sites for the construction and operation of 29 energy facilities will have a significant impact upon the health and welfare 30 of the population, the location and growth of industry and the use of the nat- 31 ural resources of the state. Site selection is a matter of statewide concern, 32 and the provisions of this chapter are therefor enacted to provide an effec- 33 tive method of establishing such sites. 34 (2) It is the policy of the state of Idaho to recognize the significant 35 impact of energy facilities, and to ensure through available and reasonable 36 methods, that the location and operation of such facilities will produce mini- 37 mal adverse effects on Idaho's citizens and the environment. It is the intent 38 to seek courses of action that will balance the demands for energy facility 39 location and operation in conjunction with the broad interests of the public. 40 (3) It is the intent of the legislature that the site license process not 41 duplicate or replace the existing local, state, and federal permitting proc- 2 1 esses. The site license is a preliminary, general review and prerequisite for 2 the permitting processes to proceed. 3 39-6803. DEFINITIONS. As used in this chapter: 4 (1) "Committee" means the state energy facility planning committee cre- 5 ated in section 39-6805, Idaho Code. 6 (2) "Department" means the department of environmental quality. 7 (3) "Director" means the director of the department of environmental 8 quality. 9 (4) "Energy facility" or "facility" means any electrical generating 10 facility using any fuel, including nuclear materials, for generation or dis- 11 tribution of electricity by electric utilities. 12 (5) "Panel" means the site review panel created in section 39-6812, Idaho 13 Code. 14 (6) "Plan" means the state energy facility siting management plan pre- 15 pared under the provisions of section 39-6806, Idaho Code. 16 39-6804. METHODS OF ENERGY GENERATION. The department and the committee 17 in the conduct of their duties under the provisions of this chapter shall 18 assist in encouraging, developing and implementing methods of energy genera- 19 tion which are environmentally sound, maximize the utilization of valuable 20 resources and encourage conservation. 21 39-6805. STATE ENERGY FACILITY PLANNING COMMITTEE -- CREATION -- MEMBERS. 22 (1) The state energy facility planning committee is hereby created in the 23 department. The committee shall represent diverse geographical areas of the 24 state. No later than September 1, 2006, the governor shall, subject to the 25 advice and consent of the senate, appoint a committee consisting of the fol- 26 lowing representatives: 27 (a) Both members of the northwest power and conservation council repre- 28 senting Idaho pursuant to chapter 12, title 61, Idaho Code; 29 (b) One (1) representative of county government; 30 (c) One (1) representative of city government; 31 (d) One (1) member of an environmental group; 32 (e) The director of the department of health and welfare or his designee; 33 (f) The director of the department of commerce and labor or his designee; 34 (g) One (1) member of a conservation group; 35 (h) Two (2) members of the general public; 36 (i) The director of the department or his designee; 37 (j) The director of the department of water resources or his designee; 38 (k) One (1) licensed professional engineer; 39 (l) A faculty member of a university or college in this state well versed 40 in power generation, transmission or other environmental matters; 41 (m) The director of the Idaho transportation department or his designee; 42 (n) One (1) representative of the mining industry; 43 (o) One (1) representative of the forest products industry; 44 (p) One (1) representative of the agricultural industry; and 45 (q) The president of the public utilities commission. 46 (2) A vacancy occurring on the committee shall be filled in the same man- 47 ner as the original appointment. 48 (3) The chairman of the committee shall be elected by the members of the 49 committee and the chairman shall be a voting member of the committee. 50 (4) Members of the committee who are not state employees shall be enti- 51 tled to receive compensation as provided in section 59-509(b), Idaho Code. 52 (5) The committee by majority vote shall establish operating procedures. 3 1 The operating procedures shall be made available for public review. 2 (6) In the conduct of its business, the committee shall solicit the 3 advice of, and consult periodically with cities, counties and persons within 4 the state for the purpose of receiving information or advice that may be help- 5 ful in the preparation of the plan. 6 (7) Employees of the department of environmental quality, the public 7 utilities commission, the department of water resources and the transportation 8 department shall assist the committee on a priority basis. 9 (8) The committee shall disband after final approval of the plan by the 10 legislature. 11 (9) Upon petition to the director and the director's recommendation to 12 the governor, the governor shall appoint a committee in the same manner as the 13 original committee to amend or revise the plan. 14 (10) The committee shall hold its first meeting as soon as practicable 15 after confirmation by the senate. 16 39-6806. STATE ENERGY FACILITY SITING MANAGEMENT PLAN -- PREPARATION -- 17 INCLUSIONS -- STUDIES -- PUBLIC HEARINGS -- SUMMARY -- AMENDMENTS -- RECOMMEN- 18 DATION. (1) Not later than January 1, 2008, the committee shall prepare a 19 state energy facility siting management plan. 20 (2) The plan shall: 21 (a) Provide for a reasonable geographic distribution of energy facilities 22 to meet existing and probable future needs; 23 (b) Be based upon consideration of the location of transmission lines and 24 fuel sources, health and safety, the economics of transportation, and the 25 location and nature of existing energy facilities; 26 (c) Include technical criteria based upon the studies and information 27 gathered pursuant to this section; and 28 (d) Include necessary legislative, administrative and economic mecha- 29 nisms, and a timetable, to carry out the plan. 30 (3) The committee may instruct the department of environmental quality, 31 the public utilities commission, the department of water resources and the 32 transportation department to complete studies as considered reasonably neces- 33 sary for the completion of the plan. The studies may include: 34 (a) An inventory and evaluation of the sources of fuel for power genera- 35 tion within this state or from other states, including the types and quan- 36 tities of the fuel; 37 (b) An inventory and evaluation of current energy generation and trans- 38 mission practices and costs, within this state; 39 (c) A projection or determination of future energy needs based on an 40 evaluation of existing capacities and capabilities, manufacturing activ- 41 ity, limitations and constraints, and projected economic and population 42 growth. Projection of needs shall consider the types and sizes of existing 43 generation facilities, general locations within the state, available con- 44 trol systems, and an identified need for additional facilities; 45 (d) An investigation and analysis of methods and incentives to encourage 46 interstate and international cooperation in the generation and transmis- 47 sion of energy; 48 (e) An investigation and analysis of methods, incentives or technologies 49 for energy conservation and renewable energy sources; and 50 (f) An investigation and analysis of alternate methods for energy genera- 51 tion. 52 (4) Upon completion of the plan, the committee shall publish a notice 53 after giving twenty (20) days' notice as provided in section 60-109, Idaho 54 Code, in a number of newspapers and shall issue a statewide news release 4 1 announcing the availability of the plan for inspection by interested persons. 2 The announcement shall indicate where and how the plan may be obtained or 3 reviewed and shall indicate that not less than three (3) public hearings shall 4 be conducted at varying locations in the state before formal adoption. The 5 first public hearing shall not be held until sixty (60) days have elapsed from 6 the date of the notice announcing the availability of the plan. 7 (5) After public hearings, the committee shall prepare a written summary 8 of the comments received, provide comments on the major concerns raised, make 9 amendments to the plan as necessary and shall formally adopt the plan. 10 39-6807. MORATORIUM ON PERMITTING. From the effective date of this act 11 until the plan is adopted by the committee, no local government or state 12 agency shall process or issue a permit for the construction, expansion, 13 enlargement or alteration of an energy facility. 14 39-6808. PERMITS AND LICENSES. After adoption of the plan by the commit- 15 tee, no person shall construct, expand, enlarge or alter an energy facility 16 without a siting license from the department. The owner or operator of the 17 facility or site, rather than the builder, shall be responsible for obtaining 18 the license. 19 39-6809. LICENSES -- ISSUANCE AFTER ADOPTION OF PLAN. After the plan has 20 been adopted by the committee, the director shall not issue a license under 21 the provisions of this chapter until the director has made a determination 22 that the action is consistent with the adopted plan. The director may exempt 23 classes or categories of energy facilities from complying with the hazardous 24 waste management plan if the exemption is in the public interest and consis- 25 tent with state and federal law. If the director exempts classes or categories 26 of energy facilities from complying with the plan, rules shall be promulgated 27 in compliance with chapter 52, title 67, Idaho Code, specifically indicating 28 the exemption. 29 39-6810. EXPANSION, ENLARGEMENT OR ALTERATION OF ENERGY FACILITY -- 30 REVIEW -- SITING LICENSES. (1) An energy facility in existence on the effec- 31 tive date of this act shall not require a review under the provisions of this 32 chapter. 33 (2) The expansion, enlargement, or alteration of an energy facility in 34 existence on the effective date of this act constitutes a new proposal for 35 which a siting license is required. 36 39-6811. SITING LICENSE APPLICATION -- FEE -- RULES. (1) An application 37 for a siting license shall include: 38 (a) The name and residence of the applicant; 39 (b) Site information, plans, descriptions, specifications, and drawings 40 showing the design of the facility, or modification, the nature and amount 41 of emissions, including secondary emissions, and the manner in which it 42 will be operated and controlled; 43 (c) A schedule for construction of the facility or modification; 44 (d) A description of the system of continuous emission control proposed 45 for the new major facility; 46 (e) Certification that all other facilities, owned or operated by, or 47 under common ownership of, the proposed new facility or modification, are 48 in compliance with all local, state or federal requirements or are on a 49 schedule for compliance with such; 50 (f) An analysis of alternative sites, sizes, production processes and 5 1 environmental control techniques; 2 (g) Information showing that harm to scenic, historic, cultural or recre- 3 ational values is not substantial or can be mitigated; 4 (h) Information showing that the risk and impact of accident during 5 transport of fuel or waste from the facility is not substantial or can be 6 mitigated; and 7 (i) Information showing that the impact on local government is not 8 adverse regarding health, safety, cost and consistency with local planning 9 and existing development or can be mitigated. 10 (2) Within thirty (30) days after receipt of the application, the direc- 11 tor shall determine whether it is complete. If it is not complete, the direc- 12 tor shall notify the applicant and state the areas of deficiency. 13 (3) The application shall be accompanied by a siting license application 14 fee. The director shall establish by rule, the scale for determining the sit- 15 ing license application fee. The fee shall not exceed one hundred thousand 16 dollars ($100,000) and shall be based on the cost to the department of review- 17 ing the siting license application. The scale shall be based on characteris- 18 tics including the site size, projected volume, and characteristics surround- 19 ing the site. Fees received pursuant to this section may be expended by the 20 director to pay the actual, reasonable and necessary costs incurred by the 21 department in acting upon a siting license application. The director may pro- 22 mulgate rules in compliance with chapter 52, title 67, Idaho Code, in order 23 to implement and administer the provisions of this section. 24 39-6812. SITE REVIEW PANELS -- MEMBERS, CHAIRMAN, QUORUM, MEETINGS, 25 STAFF. (1) A site review panel shall be established to ensure public input in 26 the licensing process, to recommend to the director conditions which should be 27 included in a siting license and to recommend to the director whether a par- 28 ticular facility should or should not be constructed, expanded or enlarged. 29 (2) A panel shall consist of members to be appointed as follows: 30 (a) Three (3) members shall be the director of the department of envi- 31 ronmental quality or his designee, the president of the public utilities 32 commission or his designee and the director of the department of water 33 resources or his designee. 34 (b) One (1) member shall be a public member appointed by the governor. 35 The public member shall be an environmental professional, shall serve as 36 chairman of the panel and shall be a voting member. A member who is a pub- 37 lic member shall be appointed to serve on site review panels only until 38 the particular siting license application subject to their review is 39 approved, or until the application is rejected and is no longer subject to 40 their review. 41 (c) One (1) member shall be appointed by the city council of each city 42 located within a fifty (50) mile radius of the site where the energy 43 facility is proposed to be located. The members serving pursuant to this 44 subsection shall serve until the particular siting license application 45 subject to their review is approved, or until the application is 46 rejected and is no longer subject to their review. 47 (d) One (1) member shall be appointed by the board of county commission- 48 ers for each county located within a fifty (50) mile radius of the site 49 where the energy facility is proposed to be located. The members serving 50 pursuant to this subsection shall serve until the particular siting 51 license application subject to their review is approved, or until the 52 application is rejected and is no longer subject to their review. 53 (e) A person nominated to represent a city or county shall not have a 54 conflict of interest, as that term is defined in section 59-703, Idaho 6 1 Code, or derive any economic gain as that term is defined in section 2 59-703, Idaho Code, from the location or siting of the proposed energy 3 facility. 4 (3) A majority of the members of the panel shall constitute a quorum for 5 the transaction of business of the panel and the concurrence of a majority of 6 the members of the panel shall constitute a legal action of the panel, pro- 7 vided that no meeting of the panel shall occur unless there are at least as 8 many members present representing the city or cities and county or counties as 9 there are representing the state and the public as appointed pursuant to sub- 10 section (2) of this section. All meetings of the panel shall be conducted pur- 11 suant to the state open meeting law. 12 (4) The director shall make staff available to assist a panel in carrying 13 out its responsibilities. 14 (5) Members of the panel who are not state employees shall be entitled to 15 receive compensation as provided in section 59-509(b), Idaho Code. 16 39-6813. DUTIES OF DIRECTOR UPON RECEIPT OF A SITING LICENSE APPLICATION 17 -- RECOMMENDATION. (1) Upon receipt of a complete siting license application, 18 the director or an authorized representative of the director shall: 19 (a) Immediately notify the permanent panel members described in section 20 39-6812(2), Idaho Code, and the city council and board of county commis- 21 sioners of each city and county described in section 39-6812(2), Idaho 22 Code. The notice shall describe the procedure and the schedule based on 23 the complexity of the application by which the siting license may be 24 approved or denied. 25 (b) Immediately publish a notice that the application has been received, 26 as provided in section 60-109, Idaho Code, in a newspaper having major 27 circulation in the county and the immediate vicinity of the proposed 28 facility. The required published notice shall contain a map indicating the 29 location of the proposed facility and shall contain a description of the 30 proposed action and the location where the complete application package 31 may be reviewed and where copies may be obtained. The notice shall 32 describe the procedure by which the siting license may be granted. 33 (2) Upon notification by the director, the chairman shall immediately 34 notify the representatives of the state to the panel and the public members. 35 The chairman shall also notify the applicable county or counties and city or 36 cities for their appointment of members as provided in subsection (2)(c), (d) 37 and (e) of section 39-6812, Idaho Code. Within thirty (30) days after the 38 notification, the board of commissioners of the county or counties and the 39 city council(s) shall select the members to serve on the panel. The panel 40 shall be created at that time and notification of the creation of the panel 41 shall be made to the chairman. 42 (3) If no technical criteria are applicable, the director shall submit to 43 the panel a draft site license which includes conditions based on the informa- 44 tion submitted in the application. The director shall also recommend to the 45 panel that the license be issued or denied. The draft license submittal shall 46 be made within sixty-five (65) days after a complete application is received. 47 (4) If technical criteria as adopted in the plan are applicable, the 48 director shall determine if the proposed facility complies with the criteria. 49 Such determination shall be made within forty-five (45) days after a complete 50 application is received. If the technical criteria are not met, the director 51 shall deny the license and the panel shall be disbanded. If the technical cri- 52 teria are met, the director shall submit to the panel a draft site license 53 which includes conditions regarding the technical criteria to be met. These 54 conditions may be more stringent than those in the plan if warranted by infor- 7 1 mation provided in the application. The draft license may also include addi- 2 tional conditions based on the information submitted in the application 3 regarding the construction of the facility. The director shall also recommend 4 to the panel that the license be issued or denied. The denial or draft license 5 submittal shall be made within sixty-five (65) days after a complete applica- 6 tion is received. The director shall immediately notify the applicant and the 7 chairman of the panel of the denial or draft license submittal. 8 (5) Within ten (10) days after submittal of a draft license, the panel 9 shall meet to review and establish a timetable for the consideration of the 10 draft site license. 11 (6) The panel shall: 12 (a) Set a date and arrange for publication of notice of a public hearing 13 in a newspaper having major circulation in the vicinity of the proposed 14 site, at its first meeting. The public notice shall: 15 (i) Contain a map indicating the location of the proposed facility, 16 a description of the proposed action, and the location where the 17 application for a siting license may be reviewed and where copies may 18 be obtained; 19 (ii) Identify the time, place and location for the public hearing 20 held to receive public comment and input on the application for a 21 siting license; 22 (b) Publish the notice not less than thirty (30) days before the date of 23 the public hearing and the notice shall be, at a minimum, a twenty (20) 24 days' notice as provided in section 60-109, Idaho Code. 25 (7) Comment and input on the proposed facility may be presented orally or 26 in writing at the public hearing, and shall continue to be accepted in writing 27 by the panel for fifteen (15) days after the public hearing date. 28 (8) The panel's primary responsibility shall be to consider the concerns 29 and objections submitted by the public in relation to the contents of the site 30 license application. The panel shall facilitate efforts to provide that the 31 concerns and objections are mitigated by proposing additional conditions 32 regarding the construction of the facility. The panel may propose conditions 33 which integrate the provisions of the city or county ordinances, permits or 34 requirements. 35 (9) Within ninety (90) days after creation, the panel shall recommend to 36 the director that the license be issued as proposed, issued with different or 37 additional conditions, or denied. The director shall make a final decision 38 within thirty (30) days after receipt of the panel's recommendation. If the 39 panel recommends different or additional conditions, a clear statement of the 40 need for the condition must be submitted to the director. If the panel recom- 41 mends denial, a clear statement of the reasons for the denial must be submit- 42 ted to the director. 43 (10) The director shall issue a siting license if the director determines 44 that: 45 (a) The technical criteria are met; 46 (b) The harm to scenic, historic, cultural or recreational values is not 47 substantial or can be mitigated by appropriate license conditions; 48 (c) The risk and impact of accident during transportation of fuels and 49 waste to and from the site is not substantial or can be mitigated with 50 appropriate license conditions; 51 (d) The impact on local government is not adverse regarding health, 52 safety, cost and consistency with local planning and existing development 53 or can be mitigated with appropriate license conditions; and 54 (e) No other major concerns have been raised by the panel regarding pub- 55 lic health or the environment which cannot be mitigated by special license 8 1 conditions. 2 (11) An applicant denied a siting license pursuant to this chapter or any 3 person aggrieved by a decision of the director pursuant to this chapter may 4 within twenty-eight (28) days, after all remedies have been exhausted under 5 the provisions of this chapter, seek judicial review under the procedures pro- 6 vided in chapter 52, title 67, Idaho Code. 7 39-6814. INFORMATION OBTAINED -- PUBLIC RECORD. (1) Except as provided in 8 subsection (2) of this section, information obtained by the department under 9 the provisions of this chapter shall be deemed to be a public record. 10 (2) A person regulated under the provisions of this chapter may designate 11 a record, site license application, other information, or a portion of a 12 record, site license application, or other information furnished to or 13 obtained by the department or its agents, as being only for the use of the 14 department and the panel. The material shall then be subject to disclosure 15 according to chapter 3, title 9, Idaho Code. 16 39-6815. REMEDY FOR DEVALUATION OF PROPERTY CAUSED BY APPROVED FACILITY. 17 (1) Before construction of an energy facility, but in no case later than nine 18 (9) months after approval of a site license for an energy facility, any owner 19 or user of real property adversely affected by approval may bring an action in 20 a district court of competent jurisdiction against the owner of the proposed 21 facility. If the court determines that the planned construction and operation 22 of the energy facility will result in the devaluation of the plaintiff's prop- 23 erty or will otherwise interfere with the plaintiff's rights in the property, 24 it shall order the owner to compensate the plaintiff in an amount equal to the 25 value of the plaintiff's loss. 26 (2) The remedy provided in subsection (1) of this section shall be in 27 addition to other remedies provided by law for owners or users aggrieved by 28 the proposed construction and operation of an energy facility. 29 (3) Nothing in this chapter shall prevent an owner or user of property 30 aggrieved by the construction and operation of a facility from seeking damages 31 that result from a subsequent modification of the design or operation of a 32 facility but such damages are limited to the incremental damage that results 33 from the modification. Any action for such damages under this section shall be 34 brought within nine (9) months after the siting license for modification of 35 the design or operation of the facility is approved. 36 (4) For the purpose of assessing damages, the value of the rights 37 affected is fixed at the date the siting license is approved and the actual 38 value of the right at that date is the basis for the determination of the 39 amount of damage suffered, and no improvements to the property subsequent to 40 the date of approval of the plans shall be included in the assessment of dam- 41 ages. Similarly, for any subsequent modification of a facility, value is 42 fixed at the date of approval of the siting license. 43 (5) The owner or operator of a proposed facility may, at any time before 44 an award of damages, abandon the construction or operation of the facility or 45 any modification and cause the action to be dismissed. As a condition of dis- 46 missal, however, the owner or operator shall compensate the plaintiff for any 47 actual damage sustained as a result of construction or operation of the facil- 48 ity before abandonment together with court costs and a reasonable attorney's 49 fee. 50 (6) Nothing in this chapter shall prevent a court from enjoining any 51 activity at an energy facility that is outside of, or not in compliance with, 52 the terms and conditions of an approved permit issued pursuant to local, state 53 or federal law. 9 1 SECTION 2. An emergency existing therefor, which emergency is hereby 2 declared to exist, this act shall be in full force and effect on and after its 3 passage and approval, and retroactively to January 1, 2006.
STATEMENT OF PURPOSE RS 15724 The purpose of this legislation is to codify a statewide process for the selection of sites for the construction and operation of energy facilities. FISCAL IMPACT None. Costs of the implementation of the statutory provisions will be covered by a fee from facility operators. Contact Name: Sen. Kate Kelly Sen. Clint Stennett Sen. Elliot Werk Sen. Edgar Malepeai Sen. Bert Marley Rep. Wendy Jaquet Phone: 332-1351 STATEMENT OF PURPOSE/FISCAL NOTE S1292