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H0791.....................................................by WAYS AND MEANS
COAL FIRED POWER PLANT - MORATORIUM - Adds to existing law to provide
legislative intent; and to place a two year moratorium on issuing any
variances, licenses or permits for construction of certain coal fired power
plants or applying for variances, licenses or local conditional use, or
building or air permits.
03/09 House intro - 1st rdg - to printing
03/10 Rpt prt - to Env
03/15 Rpt out - rec d/p - to 2nd rdg
03/16 2nd rdg - to 3rd rdg
03/21 3rd rdg - PASSED - 64-5-1
AYES -- Anderson, Barraclough, Bastian, Bayer, Bedke, Bell, Bilbao,
Black, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon,
Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
McGeachin, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart,
Pence, Raybould, Ring, Ringo, Roberts, Rusche, Sali, Sayler,
Schaefer, Shepherd(2), Shirley, Skippen, Smith(30), Smith(24),
Smylie, Stevenson, Trail, Wills, Wood, Mr. Speaker
NAYS -- Andrus, Barrett, McKague, Rydalch, Shepherd(8)
Absent and excused -- Snodgrass
Floor Sponsor - Mr. Speaker
Title apvd - to Senate
03/22 Senate intro - 1st rdg - to St Aff
03/27 Rpt out - rec d/p - to 2nd rdg
03/28 2nd rdg - to 3rd rdg
03/29 3rd rdg - PASSED - 30-5-0
AYES -- Andreason, Brandt, Bunderson, Burkett(Clark), Burtenshaw,
Cameron, Coiner, Compton, Corder, Darrington, Davis, Gannon, Goedde,
Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai,
Marley, McGee, Pearce, Richardson, Schroeder, Stegner, Stennett,
Werk, Williams
NAYS -- Broadsword, Fulcher, Geddes, McKenzie, Sweet
Absent and excused -- None
Floor Sponsor - Stennett
Title apvd - to House
03/30 To enrol
03/31 Rpt enrol - Sp signed
04/03 Pres signed - To Governor
04/07 Governor signed
Session Law Chapter 367
Effective: 04/07/06; 04/07/08 Sunset Clause
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 791
BY WAYS AND MEANS COMMITTEE
1 AN ACT
2 RELATING TO A MORATORIUM ON CERTAIN COAL FIRED POWER PLANTS; AMENDING CHAPTER
3 1, TITLE 39, IDAHO CODE, BY THE ADDITION OF NEW SECTIONS 39-124 AND
4 39-125, IDAHO CODE, TO PROVIDE LEGISLATIVE INTENT AND TO PROVIDE A TWO
5 YEAR MORATORIUM ON ISSUING ANY VARIANCES, LICENSES OR PERMITS FOR CON-
6 STRUCTION OF CERTAIN COAL FIRED POWER PLANTS OR APPLYING FOR VARIANCES,
7 LICENSES OR LOCAL CONDITIONAL USE, OR BUILDING OR AIR PERMITS; DECLARING
8 AN EMERGENCY AND PROVIDING A SUNSET DATE.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Chapter 1, Title 39, Idaho Code, be, and the same is
11 hereby amended by the addition thereto of NEW SECTIONS, to be known and des-
12 ignated as Sections 39-124 and 39-125, Idaho Code, and to read as follows:
13 39-124. LEGISLATIVE FINDINGS -- INTENT. The legislature finds that it is
14 in the public interest to adopt an integrated energy plan for the state of
15 Idaho that provides for the state's power generation needs and protects the
16 health and safety of the citizens of Idaho, and the products produced in this
17 state. The legislature has determined that there is a need for information and
18 study on matters such as air and water quality impacts, effects on existing
19 industries, and allocation of water resources, with regard to energy develop-
20 ment. The legislature further finds that certain coal fired power plants may
21 have a significant negative impact upon the health, safety and welfare of the
22 population, the quality and financial security of existing agricultural busi-
23 nesses and industries, economic growth of the state of Idaho, and the environ-
24 mental quality and natural resources of this state. To better understand the
25 environmental and economic effects of certain coal fired power plants, the
26 legislature believes it is desirable and in the public interest to place a two
27 (2) year moratorium from the effective date of this act on certain coal fired
28 power plants.
29 39-125. MORATORIUM ON CONSTRUCTION OF CERTAIN COAL FIRED POWER PLANTS --
30 REPORT. For two (2) years from the effective date of this act, municipalities,
31 counties and the department of environmental quality are prohibited from
32 issuing any variances, licenses or permits for the construction or operation
33 of coal fired power plants and no persons or entities shall apply for such
34 variances, licenses or local conditional use, or building or air permits; pro-
35 vided however, that the provisions of this act do not apply to power plants
36 utilizing the integrated gasification combined cycle technology where coal is
37 not burned but oxidized as a power source. The provisions of this act do not
38 apply to coal fired power plants owned or constructed by a public utility reg-
39 ulated by the public utilities commission pursuant to title 61, Idaho Code,
40 or by a cooperative or a municipality, nor do the provisions of this act apply
41 to the operations of the Idaho national laboratory.
2
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 shall be null, void and of no force and effect on
4 and after two (2) calendar years from the effective date of this act.
STATEMENT OF PURPOSE
RS 16228
This bill would place a two (2) year moratorium on applying for
or issuance of permits, licenses or construction of certain coal-
fired power plants, beginning as soon as the law goes into
effect. The bill does not apply to coal-fired power plants owned
or constructed by a public utility regulated by the Idaho Public
Utilities Commission or by a cooperative or municipality, nor
does it apply to the operations of the Idaho National Laboratory.
The bill also does not apply to power plants utilizing the
integrated gasification combined cycle technology where coal is
not burned but rather is oxidized as a power source.
FISCAL NOTE
This bill does not have any fiscal impact on the state general
fund.
Contact
Name: Rep. Bruce Newcomb, Speaker
Reps. Maxine Bell, Sharon Block, Wendy Jaquet, John Stevenson
Sen. Clint Stennett
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 791