H0732aa....................................................by STATE AFFAIRS ELECTRIC UTILITIES - SALE/TRANSFER - Amends existing law relating to the sale or transfer of electric utilities to provide legislative intent; to require a finding that the transaction shall be consistent with and promote the public interest; to require inclusion of the director of the Department of Water Resources' conditions regarding water rights; to provide that the applicant shall bear the burden of showing that the transfer requirements have been satisfied; to provide that any authorization or order of the Idaho Public Utilities Commission approving the sale, assignment or transfer of water rights used in the generation of electric power shall be issued only upon conditions as required by the director of the Department of Water Resources as necessary to prevent a change in the use of water under the hydropower rights that would cause an adverse effect upon any water rights existing on the date of the transaction and that any such conditions shall ensure the public interest, as it pertains to the use of water under the hydropower water rights, will not be adversely affected. 03/10 House intro - 1st rdg - to printing 03/13 Rpt prt - to St Aff 03/15 Rpt out - rec d/p - to 2nd rdg 03/16 2nd rdg - to 3rd rdg 03/20 To Gen Ord 03/21 Rpt out amen - to engros 03/22 Rpt engros - 1st rdg - to 2nd rdg as amen 03/23 2nd rdg - to 3rd rdg as amen Rules susp - PASSED - 57-11-2 AYES -- Alltus, Barraclough, Bell, Bieter, Black, Boe, Bruneel, Callister, Campbell, Cheirrett, Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond, Hansen(23), Hansen(29), Hornbeck, Jones, Kellogg, Kendell, Kunz, Lake, Linford, Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Ridinger, Robison, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Trail, Wheeler, Wood, Zimmermann, Mr Speaker NAYS -- Barrett, Chase, Henbest, Jaquet, Judd, Loertscher, Pomeroy, Ringo, Sali, Taylor, Tilman Absent and excused -- Kempton, Reynolds Floor Sponsors - Bell, Linford, Stevenson Title apvd - to Senate 03/24 Senate intro - 1st rdg as amen - to St Aff 03/29 Rpt out - rec d/p - to 2nd rdg as amen 03/30 2nd rdg - to 3rd rdg as amen 04/04 Ret'd to St Aff
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 732, As Amended BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE SALE OR TRANSFER OF ELECTRIC UTILITIES; PROVIDING LEGISLATIVE 3 INTENT; AMENDING SECTION 61-328, IDAHO CODE, TO REQUIRE A FINDING THAT THE 4 TRANSACTION SHALL BE CONSISTENT WITH AND PROMOTE THE PUBLIC INTEREST, TO 5 REQUIRE INCLUSION OF THE DIRECTOR OF THE DEPARTMENT OF WATER RESOURCES' 6 CONDITIONS REGARDING WATER RIGHTS AND TO PROVIDE THAT THE APPLICANT SHALL 7 BEAR THE BURDEN OF SHOWING THAT THE TRANSFER REQUIREMENTS HAVE BEEN SATIS- 8 FIED; AMENDING SECTION 42-1701, IDAHO CODE, TO PROVIDE THAT ANY AUTHORIZA- 9 TION OR ORDER OF THE IDAHO PUBLIC UTILITIES COMMISSION, UNDER THE PROVI- 10 SIONS OF THE PUBLIC UTILITIES LAW, APPROVING THE SALE, ASSIGNMENT OR 11 TRANSFER OF WATER RIGHTS USED IN THE GENERATION OF ELECTRIC POWER SHALL BE 12 ISSUED ONLY UPON CONDITIONS REQUIRED BY THE DIRECTOR OF THE DEPARTMENT OF 13 WATER RESOURCES AS NECESSARY TO PREVENT A CHANGE IN THE USE OF WATER UNDER 14 THE HYDROPOWER RIGHTS THAT WOULD CAUSE AN ADVERSE EFFECT UPON ANY WATER 15 RIGHTS EXISTING ON THE DATE OF THE SALE, ASSIGNMENT OR TRANSFER, THAT ANY 16 SUCH CONDITIONS SHALL ENSURE THAT THE PUBLIC INTEREST, AS IT PERTAINS TO 17 THE USE OF WATER UNDER THE HYDROPOWER WATER RIGHTS, WILL NOT BE ADVERSELY 18 AFFECTED AND TO MAKE A TECHNICAL CORRECTION; AND DECLARING AN EMERGENCY. 19 Be It Enacted by the Legislature of the State of Idaho: 20 SECTION 1. LEGISLATIVE INTENT. The Legislature hereby finds and declares 21 that: 22 (1) The protection of customers of public utilities that provide electric 23 energy is a matter of fundamental statewide concern. 24 (2) Any acquisition of a public utility that provides electric energy 25 shall serve the utility's customers in the public interest through some combi- 26 nation of features that could include, but is not limited to, utility service, 27 rates, financial structure, reliability, water rights protection, and valua- 28 tion of the utility's assets. The duration of benefits shall be considered. 29 (3) It is therefore the policy of the state of Idaho to regulate acquisi- 30 tions of public utilities which provide electric energy in a manner that pro- 31 motes the public interest. 32 SECTION 2. That Section 61-328, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 61-328. ELECTRIC UTILITIES -- SALE OF PROPERTY TO BE APPROVED BY COMMIS- 35 SION. (1) No electric public utility or electrical corporation as defined in 36 chapter 1, title 61, Idaho Code, owning, controlling or operating any property 37 located in this state which is used in the generation, transmission, distribu- 38 tion or supply of electric power and energy to the public or any portion 39 thereof, shall merge, sell, lease, assign or transfer, directly or indirectly, 40 in any manner whatsoever, any such property or interest therein, or the opera- 41 tion, management or control thereof, or any certificate of convenience and 42 necessity or franchise covering the same, except when authorized to do so by 2 1 order of the public utilities commission. of the state of Idaho.2 (2) Such authorization and orderThe electric public utility or electri- 3 cal corporation shall be issued only following public notice and hearing, upon4 file a verified application of the partiessetting forth such facts as the 5 commission shall prescribe or require. , and if tThe commission shall issue a 6 public notice and shall conduct a public hearing upon the application. 7 (3) Before authorizing the transaction, the public utilities commission 8 shall find: 9 (a) T that the transaction is consistent with and promotes the public 10 interest; will not be adversely affected,11 (b) T that the cost of and rates for supplying service will not be 12 increased by reason of such transaction ,; and 13 (c) T that the applicant for such acquisition or transfer has the bona 14 fide intent and financial ability to operate and maintain said property in 15 the public service. ; provided, that no such order or authorization shall16 be issued or granted to any applicant or party coming within the prohibi-17 tions set forth in this act.18 The applicant shall bear the burden of showing that standards listed above 19 have been satisfied. 20 (4) The commission shall have power to issue said authorization and order 21 as prayed for, or to refuse to issue the same, or to issue such authorization 22 and order with respect only to a part of the property involved. , andThe com- 23 mission shall include in any authorization or order the conditions required by 24 the director of the department of water resources under section 42-1701(6), 25 Idaho Code. The commission may attach to its authorization and order such 26 other terms and conditions as in its judgment the public convenience and 27 necessity may require. 28 SECTION 3. That Section 42-1701, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 42-1701. CREATION OF DEPARTMENT OF WATER RESOURCES -- DIRECTOR -- QUALI- 31 FICATIONS -- DUTIES. (1) There is hereby created the department of water 32 resources, which shall, for the purposes of section 20, article IV, of the 33 Cconstitution of the state of Idaho, be an executive department of the state 34 government. 35 (2) The executive and administrative authority of the department, except 36 such authority as is specifically assigned by law to the water resource board, 37 shall be vested in a director of the department of water resources who shall 38 be a licensed civil or hydraulic engineer, and shall have had not less than 39 five (5) years' experience in the active practice of such profession, and 40 shall be familiar with irrigation in Idaho. 41 (3) The director may delegate such duties as are imposed upon him by law 42 to an employee of the department of water resources whenever in the opinion of 43 the director, such delegation is necessary for the efficient administration of 44 his duties. 45 (4) The director shall organize the department into such divisions and 46 other administrative sub-units as may be necessary in order to efficiently 47 administer the department. All employees of the department, except the direc- 48 tor, shall be selected and appointed by the director in conformance with the 49 provisions of chapter 53, title 67, Idaho Code. 50 (5) The director and/or employees of the department of water resources 51 may make reasonable entry upon any lands in the state for the purpose of mak- 52 ing investigations and surveys, or for other purposes necessary to carry out 53 the duties imposed by law. 3 1 (6) Any authorization or order of the Idaho public utilities commission, 2 under the provisions of section 61-328, Idaho Code, approving the sale, 3 assignment or transfer of hydropower water rights used in the generation of 4 electric power shall be issued only upon such conditions as the director of 5 the department of water resources shall require as are necessary to prevent 6 any change in the use of water under the hydropower water rights that would 7 cause an adverse effect upon any water rights existing on the date of the 8 sale, assignment or transfer. Any such conditions shall ensure that the public 9 interest, as it pertains to the use of water under the hydropower water 10 rights, will not be adversely affected. 11 SECTION 4. An emergency existing therefor, which emergency is hereby 12 declared to exist, this act shall be in full force and effect on and after its 13 passage and approval.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 Moved by Linford Seconded by Stevenson IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 732 1 AMENDMENTS TO SECTION 3 2 On page 3 of the printed bill, in line 6, delete "historic"; in line 8, 3 delete ", and that would ensure" and insert: ". Any such conditions shall 4 ensure that"; in line 9, delete "the hydropower water rights and"; and in line 5 10, following "the" insert: "hydropower water". 6 CORRECTION TO TITLE 7 On page 1, in line 13, delete "HISTORIC"; in line 16, delete "AND" and 8 insert: "THAT ANY SUCH CONDITIONS SHALL ENSURE", and also in line 16, delete 9 "HYDROPOWER WATER"; in line 17, delete " RIGHTS AND", and also in line 17, 10 following "UNDER THE" insert: "HYDROPOWER".
STATEMENT OF PURPOSE RS 10250 The purpose of this legislation is to require on -the sale or transfer of electric utilities, that the Public Commission shall enter a finding that the transaction shall be consistent with and promote the public interest, to require inclusion of the Director of the Department of Water Resources' condition regarding water rights and to provide the applicant for the certificate of convenience and necessity shall bear the burden of showing that the transfer requirements have been satisfied. The Bill would further provide that any authorization or order allowing a transfer of an electric utility shall only be issued upon conditions required by the Director of the Department of Water Resources as necessary to prevent a change in the historic use of water under the hydropower rights would cause an adverse effect upon any water rights existing on the date of the sale, assignment or transfer, and that the public interest, as it pertains to hydropower water rights and the use of water under the water rights, will not be adversely affected. FISCAL IMPACT There should be no fiscal impact to this bill. Contact Name: Senator Robert Lee Representative Maxine Bell Phone: (208)332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 732