2006 Legislation
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SENATE BILL NO. 1274 – Coal fired power plants, moratorium

SENATE BILL NO. 1274

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Bill Status



S1274...........................................................by STENNETT
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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1274
                                                                        
                                        BY STENNETT
                                                                        
  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 / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 15480C3

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.



                          FISCAL IMPACT                     

There is no fiscal impact to a state or local unit of government.





Contact   
Name:     Sen. Clint Stennett
Phone:    332-1351

STATEMENT OF PURPOSE/FISCAL NOTE                 S 1274