Print Friendly SENATE BILL NO. 1274 – Coal fired power plants, moratorium
SENATE BILL NO. 1274
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COAL FIRED POWER PLANTS - Adds to existing law to provide legislative
intent; and to provide a moratorium on the permitting or construction of
certain coal fired power plants.
01/19 Senate intro - 1st rdg - to printing
01/20 Rpt prt - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1274
1 AN ACT
2 RELATING TO ENERGY FACILITY SITING; AMENDING TITLE 61, IDAHO CODE, BY THE
3 ADDITION OF A NEW CHAPTER 17, TITLE 61, IDAHO CODE, TO PROVIDE LEGISLATIVE
4 INTENT AND TO PROVIDE A MORATORIUM ON THE PERMITTING OR CONSTRUCTION OF
5 CERTAIN COAL FIRED POWER PLANTS; DECLARING AN EMERGENCY AND PROVIDING A
6 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 ENERGY FACILITY SITING
13 61-1701. LEGISLATIVE FINDINGS -- POLICY -- INTENT. The legislature finds
14 that the construction of energy facilities in the state of Idaho requires the
15 development of a procedure for the selection and utilization of sites for
16 energy facilities and the identification of a state position with respect to
17 each proposed site. The legislature recognizes that the selection of sites
18 will have a significant impact upon the welfare of the population, the loca-
19 tion and growth of industry and the use of the natural resources of the state.
20 To this end, the legislature is placing a moratorium on the issuance of per-
21 mits, variances or siting of coal fired power plants in this state until April
22 1, 2007. Additionally, the legislature is requesting the interim committee on
23 energy to develop a comprehensive state energy plan and to develop comprehen-
24 sive legislation regarding power plant siting.
25 61-1702. MORATORIUM ON CONSTRUCTION OF COAL FIRED POWER PLANTS. From the
26 effective date of this act until April 1, 2007, the application for a permit
27 or variance for, or the issuance of a permit or variance for, or construction
28 of coal fired power plants with a generating capacity of two hundred fifty
29 (250) megawatts or more, measured using continuous electric generating capac-
30 ity, less minimum auxiliary load, at average ambient temperature and pressure
31 and their associated facilities, and owned by a person or entity not regulated
32 pursuant to title 61, Idaho Code, is prohibited. Any person, state agency,
33 corporation, city or county violating this section shall be liable for a civil
34 penalty not in excess of fifty thousand dollars ($50,000).
35 SECTION 2. An emergency existing therefor, which emergency is hereby
36 declared to exist, this act shall be in full force and effect on and after its
37 passage and approval, and shall be null, void and of no force and effect on
38 and after April 1, 2007.
STATEMENT OF PURPOSE
The purpose of this proposed legislation is to provide a
moratorium on the permitting or construction of coal fired power
plants with a generating capacity of two hundred fifty (250)
megawatts or more when the owner is not regulated by the Public
Utilities Commission until April 1, 2007. In the interim, the
legislature and counties would have the time and the challenge to
develop rules governing coal fired merchant power plants and the
interim committee on energy would develop a comprehensive energy
plan. The bill has a sunset clause of April 1, 2007.
There is no fiscal impact to a state or local unit of government.
Name: Sen. Clint Stennett
STATEMENT OF PURPOSE/FISCAL NOTE S 1274