Print Friendly HOUSE BILL NO. 689 – Coal fired power plant, moratorium
HOUSE BILL NO. 689
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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
02/15 House intro - 1st rdg - to printing
02/16 Rpt prt - to Env
]]]] 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
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.
There is no fiscal impact.
Name: Representatives Block, Field(23), Smith(24),
Brackett, and Jaquet
Senators Gannon, Coiner, Stennett
STATEMENT OF PURPOSE/FISCAL NOTE H 689