2006 Legislation
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HOUSE BILL NO. 689 – Coal fired power plant, moratorium

HOUSE BILL NO. 689

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Bill Status



H0689.................................by ENVIRONMENT, ENERGY AND TECHNOLOGY
COAL FIRED POWER PLANT - MORATORIUM - Adds to existing law to provide
legislative intent; to provide a moratorium on the permitting and licensing
for construction of certain coal fired power plants; and to provide for a
report.
                                                                        
02/15    House intro - 1st rdg - to printing
02/16    Rpt prt - to Env

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                  Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 689
                                                                        
                      BY ENVIRONMENT, ENERGY AND TECHNOLOGY COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO A MORATORIUM ON CERTAIN COAL FIRED POWER  PLANTS;  AMENDING  TITLE
  3        61, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 17, TITLE 61, IDAHO CODE,
  4        TO  PROVIDE  LEGISLATIVE INTENT, TO PROVIDE A MORATORIUM ON THE PERMITTING
  5        OR LICENSING FOR CONSTRUCTION OF CERTAIN COAL FIRED POWER  PLANTS  AND  TO
  6        PROVIDE FOR A REPORT; DECLARING AN EMERGENCY AND PROVIDING A SUNSET DATE.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION  1.  That Title 61, Idaho Code, be, and the same is hereby amended
  9    by the addition thereto of a NEW CHAPTER, to be known and designated as  Chap-
 10    ter 17, Title 61, Idaho Code, and to read as follows:
                                                                        
 11                                      CHAPTER 17
 12                    MORATORIUM ON CERTAIN COAL FIRED POWER PLANTS
                                                                        
 13        61-1701.  LEGISLATIVE  FINDINGS -- INTENT. The legislature finds that coal
 14    fired power plants will have a significant impact upon the welfare of the pop-
 15    ulation, the location and growth of industry, and the natural resources of the
 16    state. To better understand the environmental and  economic  effects  of  coal
 17    fired  power  plants,  the legislature is placing a moratorium on certain coal
 18    fired power plants until a report of such effects is complete.
                                                                        
 19        61-1702.  MORATORIUM ON CONSTRUCTION OF CERTAIN COAL FIRED POWER PLANTS --
 20    REPORT. (1) From the effective date of this act until April 1,  2008,  munici-
 21    palities, counties and state agencies are prohibited from issuing any licenses
 22    or  permits  for the construction or operation of coal fired power plants. The
 23    provisions of this section do not apply to coal fired power  plants  utilizing
 24    the integrated gasification combined cycle technology where coal is not burned
 25    but  oxidized  as  a  power source. The provisions of this act do not apply to
 26    coal fired power plants constructed by a public utility regulated pursuant  to
 27    this title or constructed by a cooperative or municipality.
 28        (2)  During  the  moratorium, the public utilities commission shall under-
 29    take a study and file a report that examines the  economic  and  environmental
 30    effects  of coal fired power plants. The report shall address, but is not lim-
 31    ited to, issues of fuel supply, fuel transportation,  available  transmission,
 32    construction,  local  infrastructure,  the  economy,  emissions, environmental
 33    effects, water rights and property taxes. The state departments of environmen-
 34    tal quality and water resources shall assist the commission in the preparation
 35    of the report. The report shall be provided to the governor and  the  legisla-
 36    ture no later than January 2, 2007.
                                                                        
 37        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
 38    declared to exist, this act shall be in full force and effect on and after its
 39    passage and approval, and shall be null, void and of no force  and  effect  on
 40    and after April 1, 2008.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                            RS 16081C1

     This legislation adds a new chapter designated as Chapter
17, Title 61, Idaho Code, to provide a moratorium on the
permitting, licensing or construction of certain coal fired power
plants.  During the moratorium, which will be in effect until
April 1, 2008, the public utilities commission will undertake a
study to examine the economic and environmental effects of coal
fired power plants.  The departments of environmental quality and
water resources shall assist the public utilities commission in
preparing a report to be due January 2, 2007.  This act does not
apply to coal fired power plants constructed by a public utility
regulated by the Idaho Public Utilities Commission or constructed
by a cooperative or municipality.  Coal fired power plants
utilizing integrated gasification combined cycle technology where
coal is not burned but oxidized as a power source are exempted. 
An emergency clause exists.



                           FISCAL NOTE


There is no fiscal impact.



Contact
Name: Representatives Block, Field(23), Smith(24), 
      Brackett, and Jaquet 
      Senators Gannon, Coiner, Stennett
 
Phone: 208-332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                         H 689