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H0240aa,aa..............................................by LOCAL GOVERNMENT
ELECTRIC DISTRIBUTION SYSTEMS - Amends existing law to provide that cities
owning and operating an electric distribution system may enter into power
purchase agreements; and to provide authority for such cities to establish,
operate and fund energy conservation and efficiency programs.
02/15 House intro - 1st rdg - to printing
02/16 Rpt prt - to Loc Gov
03/03 Rpt out - to Gen Ord
03/04 Rpt out amen - to engros
03/05 Rpt engros - 1st rdg - to 2nd rdg as amen
03/08 2nd rdg - to 3rd rdg as amen
03/09 Ret'd to Gen Ord
03/10 Rpt out amen - to engros
03/11 Rpt engros - 1st rdg - to 2nd rdg as amen
Rules susp - PASSED - 63-2-5
AYES -- Alltus, Barraclough(Baraclough), Barrett, Bell, Bieter,
Black, Boe, Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney,
Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones,
Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Limbaugh, Linford,
Loertscher, Mader, Marley, McKague, Montgomery, Mortensen, Moyle,
Pischner, Pomeroy, Reynolds, Ringo, Robison, Sali, Schaefer, Sellman,
Smith, Smylie, Stevenson, Stone, Taylor, Tilman, Tippets, Trail,
Watson, Williams, Wood, Zimmermann
NAYS -- Callister, Stoicheff
Absent and excused -- Bruneel, Meyer, Ridinger, Wheeler, Mr. Speaker
Floor Sponsor - Hansen(29)
Title apvd - to Senate
03/12 Senate intro - 1st rdg as amen - to Loc Gov
03/16 Rpt out - rec d/p - to 2nd rdg as amen
03/17 2nd rdg - to 3rd rdg as amen
Rules susp - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Parry
Floor Sponsor - Stegner
Title apvd - to House
03/18 To enrol
03/19 Rpt enrol - Sp signed - Pres signed
03/23 To Governor
03/24 Governor signed
Session Law Chapter 283
Effective: 07/01/99
H0240|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 240, As Amended, As Amended BY LOCAL GOVERNMENT COMMITTEE 1 AN ACT 2 RELATING TO THE SALE OF ELECTRIC POWER BY CITIES; AMENDING SECTION 50-342, 3 IDAHO CODE, TO PROVIDE THAT CITIES OWNING AND OPERATING AN ELECTRIC DIS- 4 TRIBUTION SYSTEM MAY ENTER INTO POWER PURCHASE AGREEMENTS, TO PROVIDE 5 AUTHORITY FOR SUCH CITIES TO ESTABLISH, OPERATE AND FUND ENERGY CONSERVA- 6 TION AND EFFICIENCY PROGRAMS AND TO MAKE TECHNICAL CORRECTIONS. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 50-342, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 50-342. ELECTRIC POWER -- PURCHASE OR DISPOSAL. In addition to the powers 11 otherwise conferred on cities of this state, a city owning and operating an 12 electric distribution system shall have the authority to: 13 (a)pP urchase, or generate, or both, electric 14 power and energy for the purpose of disposing of such power and energy to 15 the United States of America, department of energy, acting by and through 16 the Bonneville power administration, or its successor, through exchange, 17 net billing or any arrangement which is used for supplying the needs of 18 the city for electric power or energy;and19 (b)eE nter into power sales or power pur- 20 chase contracts with entities engaged in generating, transmitting, 21 or distributing electric power and energy to provide for the pur- 22 chase, sale or exchange of electric power or energygenerated23by the city from improvements to its electric system during the period the24city, on the basis of engineering studies, determines that the electric25power or energy to be sold or exchanged will not be required by the city26for distribution in its electric system,upon such terms and condi- 27 tions as shall be specified in the power sales or purchase 28 contract; and 29 (c) Establish, operate and fund energy conservation or other public 30 purpose programs for the purpose of promoting efficient use of energy and 31 energy conservation by city consumers including, but not limited to, pro- 32 grams to install energy efficient and energy conservation devices or mea- 33 sures in consumer buildings and structures served by the city and to grant 34 low-interest loans to city consumers for the installation of such mea- 35 sures, provided such measures are provided on a nondiscriminatory basis to 36 all classes of customers similarly situated; 37 and such authority shall not be subject to the requirements, limitations, or 38 procedures contained in sections 50-325 ,and50-327 39 and 50-341 , Idaho Code.
AH0240|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999Moved by Hansen (29) Seconded by Stoicheff IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 240 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, delete line 16 and insert: "the excess 3 power shall be fixed by ordinance or resolution and shall"; 4 delete lines 19 through 23 and insert: "any city .; pro-5vided, that any city which may desire to take advantage of the provisions of6this section may only contract with consumers as to excess power. Under this7section all contracts with consumers are to be drafted subject to the forego-8ing provisionAll charges or rates for the excess power sold to 9 persons or corporations other than city consumers shall be by contract 10 and no contract shall be for a period longer than five (5) years.". 11 CORRECTION TO TITLE 12 On page 1, in line 4, delete "TO CONSUMERS OF THE CITY" and insert: "UNDER 13 CERTAIN TERMS AND CONDITIONS". Moved by Reed Hansen Seconded by Ruby Stone IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 240, As Amended 14 AMENDMENT TO THE BILL 15 On page 1 of the engrossed bill, delete lines 10 through 24; and in line 16 25 delete "SECTION 2." and insert: "SECTION 1.". 17 CORRECTION TO TITLE 18 On page 1, in line 2 following "CITIES;" delete the remainder of the line, 19 delete lines 3 and 4, and insert: "AMENDING".
STATEMENT OF PURPOSE
RS 09019
This legislation provides legal authority to the 11 Idaho cities
that own and operate electric distribution systems to establish,
operate and fund energy conservation and other energy efficiency
programs. Such programs have historically been operated by these
cities under agreements with the federal government (the
Bonneville Power Administration of the US Department of Energy).
As Bonneville Power phases out its energy conservation programs,
several Idaho cities want to continue to provide their electric
consumers with such programs. Under current Idaho law, they can't.
This legislation cures that problem.
This legislation clarifies existing law by adding the words "power
purchase contracts" to the type of contracts that such cities may
enter into for the purchase of power at wholesale. This language
is a name change only - it simply conforms existing authority to
the names of such contracts.
This legislation also clarifies existing law relative to the sale
of excess power by explicitly providing that such power sold to
consumers of the city electric system be done without
discrimination between customer classes.
FISCAL NOTE
There is no fiscal impact to the general fund. The costs of the
energy conservation and efficiency programs operated by Idaho
cities with electric distribution programs have always been funded
from revenues derived from electric power sales to the cities'
consumers. This legislation simply allows the funds to have been
collected for such programs to pay for each city's own program
rather than pay for the program costs of the Bonneville Power
Administration.
CONTACT: Roy Lewis Eiguren
Idaho Consumer-Owned Utilities Association
(208) 388-1320
STATEMENT OF PURPOSE/FISCAL NOTE Bill H 240