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H0152.................................by ENVIRONMENT, ENERGY AND TECHNOLOGY
ELECTRICITY TRANSMISSION - Adds to and amends existing law to provide
authority of the Public Utilities Commission regarding siting of electric
transmission facilities in a National Interest Electric Transmission
Corridor within Idaho.
02/09 House intro - 1st rdg - to printing
02/12 Rpt prt - to Env
02/16 Rpt out - rec d/p - to 2nd rdg
02/19 2nd rdg - to 3rd rdg
02/22 3rd rdg - PASSED - 67-0-3
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart,
Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Ring, Ringo,
Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8),
Shirley, Shively, Smith(30), Smith(24), Snodgrass, Thayn, Trail,
Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Lake, Raybould, Stevenson
Floor Sponsor - Snodgrass
Title apvd - to Senate
02/23 Senate intro - 1st rdg - to St Aff
03/12 Rpt out - rec d/p - to 2nd rdg
03/13 2nd rdg - to 3rd rdg
03/19 3rd rdg - PASSED - 32-0-3
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Geddes, Goedde,
Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, McGee, McKague, McKenzie, Pearce, Richardson, Schroeder,
Siddoway, Stegner, Werk
NAYS -- None
Absent and excused -- Gannon, Malepeai, Stennett
Floor Sponsor - McKenzie
Title apvd - to House
03/19 To enrol - Rpt enrol - Sp signed
03/20 Pres signed - To Governor
03/26 Governor signed
Session Law Chapter 186
Effective: 03/26/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 152
BY ENVIRONMENT, ENERGY AND TECHNOLOGY COMMITTEE
1 AN ACT
2 RELATING TO SITING OF CERTAIN ELECTRICAL TRANSMISSION FACILITIES; AMENDING
3 TITLE 61, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 17, TITLE 61, IDAHO
4 CODE, TO PROVIDE LEGISLATIVE PURPOSE AND FINDINGS, TO DEFINE TERMS, TO
5 PROVIDE AUTHORITY OF THE PUBLIC UTILITIES COMMISSION REGARDING SITING OF
6 ELECTRIC TRANSMISSION FACILITIES IN A NATIONAL INTEREST ELECTRIC TRANSMIS-
7 SION CORRIDOR WITHIN IDAHO, TO PROVIDE FOR NOTICE OF INTENT TO FILE, CON-
8 TENT OF THE FILING AND PREFILING PROCEDURES, TO PROVIDE FOR APPLICATION
9 FOR A ROUTE CERTIFICATE, TO PROVIDE CONSTRUCTION STANDARDS, TO PROVIDE FOR
10 PUBLIC WORKSHOPS, TO PROVIDE THE EFFECT OF ISSUANCE OF ROUTE CERTIFICA-
11 TION, TO PROVIDE PUBLIC UTILITIES COMMISSION PROCEDURES, AN ADMINISTRATIVE
12 REMEDY, RECONSIDERATION AND JUDICIAL REVIEW; AMENDING SECTION 67-6508,
13 IDAHO CODE, TO PROVIDE PLANNING DUTIES REGARDING NATIONAL ELECTRIC TRANS-
14 MISSION CORRIDORS AND TO MAKE TECHNICAL CORRECTIONS; PROVIDING SEVERABIL-
15 ITY; AND DECLARING AN EMERGENCY.
16 Be It Enacted by the Legislature of the State of Idaho:
17 SECTION 1. That Title 61, Idaho Code, be, and the same is hereby amended
18 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
19 ter 17, Title 61, Idaho Code, and to read as follows:
20 CHAPTER 17
21 SITING OF CERTAIN ELECTRICAL TRANSMISSION FACILITIES
22 61-1701. LEGISLATIVE PURPOSES AND FINDINGS. (1) The provisions of this
23 chapter apply to the construction or modification of transmission facilities
24 located in a national interest electric transmission corridor designated by
25 the secretary of the United States department of energy under section 1221 of
26 the energy policy act of 2005. The purpose of this chapter is to provide for
27 the efficient and timely review of applications for the siting of electric
28 transmission facilities in federally designated national interest electric
29 transmission corridors. The review is intended to facilitate participation
30 from all interested entities and individuals and to avoid federal preemption.
31 (2) The legislature finds that the efficient and safe transmission of
32 electricity is critical to the well-being of the citizens and the economy of
33 this state, the region and the nation. The legislature further finds that
34 enactment of this chapter is necessary for the protection of the public wel-
35 fare and public interest.
36 (3) After the secretary has designated national interest electric trans-
37 mission corridors in Idaho, no construction or modification of transmission
38 facilities may be undertaken in a national interest electric transmission cor-
39 ridor without first obtaining a route certificate from the commission.
40 61-1702. DEFINITIONS. (1) "Affected landowner" includes owners of prop-
41 erty interests, as reflected in the most recent county or city tax records as
2
1 receiving the tax notice, whose property:
2 (a) Is directly affected, either crossed or used, by the proposed trans-
3 mission line, including all facility sites, rights-of-way, access roads
4 and temporary work spaces; and
5 (b) Abuts either side of an existing right-of-way or facility site owned
6 in fee by any utility company, or abuts the edge of a proposed transmis-
7 sion line or right-of-way which runs along a property line in the area in
8 which the transmission line would be constructed, or contains a residence
9 within fifty (50) feet of the proposed transmission line.
10 (2) "Application" means any request by a transmitting utility for a route
11 certificate for the construction and operation of new transmission facilities
12 or the modification of existing transmission facilities located in a national
13 interest electric transmission corridor in Idaho.
14 (3) "Commission" means the Idaho public utilities commission.
15 (4) "Local government" means a city or county.
16 (5) "National interest electric transmission corridor" is any geographic
17 area designated by the secretary of energy as experiencing electric energy
18 transmission capacity constraints or congestion pursuant to section 1221 of
19 the energy policy act of 2005.
20 (6) "Secretary" means the secretary of the United States department of
21 energy.
22 (7) "Transmission facility" means:
23 (a) Newly constructed high voltage transmission lines with an operating
24 level capacity of one hundred fifteen thousand (115,000) volts or more;
25 (b) Rebuilt and upgraded existing high voltage transmission lines with an
26 operating level capacity of at least fifty-seven thousand (57,000) volts
27 to one hundred fifteen thousand (115,000) volts or more along the same
28 right-of-way; or
29 (c) Electric facilities associated with high voltage transmission lines
30 such as substations, switchyards or temporary contractor work yards.
31 (7) "Transmitting utility" is an entity that owns, operates or controls
32 facilities used for the transmission of electric energy in interstate com-
33 merce.
34 61-1703. COMMISSION AUTHORITY -- PREEMPTION -- RULES. (1) In the event
35 that the secretary designates a national interest electric transmission corri-
36 dor within Idaho, the public utilities commission is authorized to review the
37 siting of all electric transmission facilities within such federally desig-
38 nated corridor. After notice and an opportunity for hearing, the commission
39 shall review and deny, approve, or approve with conditions an application
40 seeking a route certificate to construct transmission facilities within a des-
41 ignated national interest electric transmission corridor.
42 (2) In reviewing an application for a route certificate, the commission
43 shall base its findings on the following standards:
44 (a) The regional or national benefits expected to be achieved by the pro-
45 posed construction or modification of transmission facilities;
46 (b) The proposed construction or modification will significantly reduce
47 transmission congestion in interstate commerce and benefit electric con-
48 sumers;
49 (c) The proposed construction or modification is consistent with sound
50 national energy policy and will enhance energy independence;
51 (d) The proposed construction or modification is consistent with the pub-
52 lic interest;
53 (e) The proposed route minimizes adverse impacts on the important envi-
54 ronmental features of the state and localities to the extent reasonable
3
1 and economical;
2 (f) The transmission utility has the financial ability and experience to
3 undertake the construction of transmission facilities; and
4 (g) The proposed modification will maximize, to the extent reasonable and
5 economical, and consistent with reliability planning, the transmission
6 capabilities of existing towers or structures.
7 (3) The commission is vested with the authority to preempt local govern-
8 ment land use decisions pertaining to the construction of transmission facili-
9 ties in national interest electric transmission corridors in the following
10 instances:
11 (a) If a local government has denied or not authorized a transmitting
12 utility to construct transmission facilities in a designated national
13 interest electric transmission corridor by sixty (60) days after an appli-
14 cation for a route certificate has been filed with the commission; or
15 (b) If the transmitting utility claims that a local land use condition
16 imposed by a local government is unreasonable or not economical, then the
17 commission may preempt the local government's denial, lack of decision or
18 conditioned decision after giving the affected local government an oppor-
19 tunity to appear before the commission.
20 The transmitting utility shall have the burden of demonstrating that the local
21 government's final land use decision will not be timely issued, is unreason-
22 able, or is not economical.
23 (4) The commission may promulgate temporary and proposed rules as may be
24 necessary to implement the timely review of applications for transmission
25 routing certificates in a national interest electric transmission corridor.
26 61-1704. NOTICE OF INTENT TO FILE -- CONTENT -- PREFILING PROCEDURES. (1)
27 Each transmission utility seeking authority to site electric transmission
28 facilities in a national interest electric transmission corridor, shall submit
29 a notice of intent to file an application for a route certificate. The notice
30 of intent shall be filed with the commission at least one hundred twenty (120)
31 days before the transmission utility intends to file an application for a
32 transmission route certificate. If the application described in the notice of
33 intent is not filed within one hundred eighty (180) days, the notice will be
34 considered withdrawn unless the transmitting utility provides a written state-
35 ment that it still intends to file an application as originally described in
36 the notice of intent.
37 (2) The notice of intent shall include, but is not limited to, the fol-
38 lowing information:
39 (a) The name and mailing address of the transmitting utility including a
40 contact name, address and telephone number of the contact person for the
41 notice of intent. If the transmitting utility is a corporation, copies of
42 its articles of incorporation and proof of its authorization and/or regis-
43 tration to conduct business in Idaho;
44 (b) A detailed description of the proposed transmission route, including
45 location maps and plot plans to scale showing all major components includ-
46 ing a description of zoning and site availability for any permanent trans-
47 mission facility;
48 (c) A description of the proposed right-of-way width for the transmission
49 line, including to what extent a new right-of-way will be required or an
50 existing right-of-way will be widened;
51 (d) A description of the proposed transmission line structures and their
52 dimensions;
53 (e) A description of the schedule desired for the project including the
54 expected application filing date, the desired date for commission
4
1 approval, the beginning date for construction, and the proposed project
2 operation date;
3 (f) A list of the federal, state, tribal and local government permitting
4 entities including mailing address, contact names, telephone numbers and
5 e-mail addresses. The notice shall disclose how the transmitting utility
6 intends to account for each of the permitting entities and when it pro-
7 poses to file with these permitting entities for the respective permits or
8 other authorizations prior to the route certificate application in section
9 61-1705, Idaho Code;
10 (g) A statement that the transmitting utility has, or will within three
11 (3) days of filing the notice of intent with the commission, provide a
12 copy of such notice to affected landowners, local governments, and tribal,
13 federal and state permitting entities;
14 (h) A list and description of the website and physical locations where
15 copies of the notice of intent are located in each county traversed by the
16 proposed transmission route; and
17 (i) An explanation of what rights the affected landowner has at the com-
18 mission and in proceedings under the Idaho eminent domain laws.
19 (3) Within three (3) days of filing the notice of intent with the commis-
20 sion, the transmitting utility shall publish notice of its filing. The trans-
21 mitting utility shall:
22 (a) Make available copies of the notice of intent in publicly accessible
23 locations in each county or city throughout the project area in either
24 electronic or paper format;
25 (b) Create and maintain an up-to-date project website devoted solely to
26 dispense information about the proposed transmission project;
27 (c) Designate a single point of contact and explain how the transmitting
28 utility will respond to requests for information from the public as well
29 as federal, state, local government and tribal permitting entities; and
30 (d) Cause to be published in a daily or weekly newspaper of general cir-
31 culation at least once per week for two (2) weeks in each county where the
32 proposed transmission route is located that a notice of intent has been
33 filed with the commission. This public notice shall describe the proposed
34 route including a map of the route, and advise readers how to obtain more
35 information.
36 (4) The commission shall, within twenty-one (21) days from when the
37 notice of intent is filed, convene a preapplication conference with the trans-
38 mitting utility, federal, state, local government and tribal permitting enti-
39 ties, for the purpose of reviewing the notice of intent.
40 61-1705. APPLICATION FOR A ROUTE CERTIFICATE. (1) Each application for a
41 route certificate to construct a transmission facility within a designated
42 national interest electric transmission corridor shall contain the following
43 general information:
44 (a) The exact legal name of the transmitting utility; its principal place
45 of business; whether the transmitting utility is an individual, partner-
46 ship, corporation, or otherwise; the state laws under which the transmit-
47 ting utility is organized or authorized; and the name, title, mailing
48 address and e-mail address of the person or persons to whom communications
49 concerning the application are to be addressed;
50 (b) A concise description of the transmitting utility's existing opera-
51 tion;
52 (c) A concise description of the proposed project sufficient to explain
53 its scope and purpose. The description must, at a minimum: describe the
54 proposed location of the principal project transmission facilities and the
5
1 planned routing of the transmission line; contain the general characteris-
2 tics of the transmission line including voltage, types of towers, and ori-
3 gin and termination point of the transmission line; describe the geo-
4 graphic character of areas traversed by the line; and be accompanied by an
5 overview map of sufficient scale to show the entirety of the transmission
6 route on no more than two (2) pages measuring eight and one-half (8.5)
7 inches by eleven (11) inches;
8 (d) Verification that the proposed route lies within a national interest
9 electric transmission corridor designated by the secretary;
10 (e) A demonstration that the transmission facility to be authorized by
11 the certificate will be used for the transmission of electric energy in
12 interstate commerce, and that the proposed construction or modification is
13 consistent with the standard set out in subsection (2) of section 61-1703,
14 Idaho Code;
15 (f) A general description of project financing;
16 (g) A description of the proposed construction and operation of the
17 facilities, including the proposed date for the beginning and completion
18 of construction and the date for commencement of service;
19 (h) A list of the local governments that have already approved local land
20 use applications for the transmission project under applicable comprehen-
21 sive plans and land use ordinances;
22 (i) A full statement as to whether any other permitting application filed
23 in conjunction with the proposed project is outstanding, and if so, the
24 nature and status of each such permitting application;
25 (j) A full statement as to whether the transmitting utility is requesting
26 the preemption of local governments that have not yet issued a final deci-
27 sion, have denied, or have conditioned land use applications in an alleg-
28 edly unreasonable or uneconomical manner; and
29 (k) A table of contents listing all exhibits and documents by their
30 appropriate titles in alphabetical letter designations. A table of con-
31 tents will list each exhibit and document.
32 (2) Each application for a route certificate must be accompanied by
33 exhibits containing the following information in substantially the same
34 format.
35 (a) Exhibit A - Articles of incorporation and bylaws if the transmitting
36 utility is a corporation. If the transmitting utility is not a corpora-
37 tion, then other similar documents showing the business relationship of
38 the transmitting utility.
39 (b) Exhibit B - State Authorization. Proof that the transmitting utility
40 is authorized to do business in Idaho, a statement showing the date of
41 such authorization, the scope of the business the transmitting utility is
42 authorized to carry on, and all limitations, if any, including an expira-
43 tion date and renewal obligations.
44 (c) Exhibit C - Company Officials. A list of the names and business
45 addresses of the transmitting utility's officers and directors, or similar
46 officials if the transmitting utility is not a corporation.
47 (d) Exhibit D - Pending Applications and Filings. A list of applications
48 and filings submitted by the transmitting utility that are pending before
49 a federal, state, tribal, or local government permitting entity that
50 affect the proposed transmission project, including explanation of any
51 material effect that the approval or denial of these permits will have on
52 the application for a route certificate.
53 (e) Exhibit E - Approved or Denied Applications. A list of applications
54 and filings submitted by the transmitting utility to a federal, state,
55 tribal or local government permitting entity that have been granted, con-
6
1 ditionally granted, or denied at the time of the application that affect
2 the proposed transmission project, including explanation of any material
3 effect that the approval or denial of these permits will have on the
4 application for a route certificate.
5 (f) Exhibit F - Local Government Preemption. A list of local government
6 land use applications that are pending, denied or contain approval condi-
7 tions to which the transmitting utility objects and seeks commission
8 review. The transmitting utility shall indicate whether it seeks commis-
9 sion preemption of specific local government land use decisions or unfin-
10 ished transmission route proceedings. The transmitting utility has the
11 burden of demonstrating that the local government land use decisions will
12 not be completed in the next sixty (60) days. If the local government land
13 use application was denied or conditioned, the transmitting utility has
14 the burden of demonstrating that the denial or imposed conditions were
15 unreasonable or not economical.
16 (g) Exhibit G - Map of the Proposed Route. A general location map to
17 scale showing the location of the proposed transmission route in a scale
18 sufficient to advise the public of the exact location of the proposed
19 route.
20 (h) Exhibit H - Corridor Selection Assessment. The corridor selection
21 assessment shall explain how the transmitting utility selected the pro-
22 posed route. This exhibit shall disclose whether the transmitting utility
23 evaluated other corridors, including the specific location of such other
24 corridors and the reasons why those corridors were not utilized. The
25 transmitting utility shall also provide a map in a format no larger than
26 eleven (11) inches by seventeen (17) inches showing the selected proposed
27 route and those route alternatives that were discarded.
28 (i) Exhibit I - Characteristics of the Proposed Route. The transmitting
29 utility shall prepare an exhibit that discloses:
30 (i) The length of the proposed transmission line;
31 (ii) The proposed right-of-way width of the proposed transmission
32 including to what extent a new right-of-way will be required or an
33 existing right-of-way will be widened;
34 (iii) If the proposed transmission route follows or includes a public
35 right-of-way, a description of where the facilities would be located
36 within the public right-of-way, to the extent known. If the transmit-
37 ting utility might locate all or part of the transmission facilities
38 adjacent to but not within the public right-of-way, describe the rea-
39 sons to justify locating the transmission facility outside the public
40 right-of-way. The transmitting utility must include a set of clear
41 and objective criteria and adequately demonstrate that its decision
42 to locate the proposed transmission facility outside the public
43 right-of-way is based on those criteria;
44 (iv) Streams, rivers and wetlands that may be disturbed during con-
45 struction;
46 (v) Portions of the route located within lands that require zoning
47 changes, variances or exceptions;
48 (vi) Whether the proposed transmission line would be outside of
49 areas where historical, cultural or archeological resources are
50 likely to exist, are listed, or determined by the state historic
51 preservation officer to be eligible for listing on the national reg-
52 ister of historic places; and
53 (vii) A description of the transmission structures and their dimen-
54 sions.
55 (j) Exhibit J - Construction Schedule. The construction schedule shall
7
1 include the dates when the transmitting utility proposes to begin con-
2 struction and the estimated date when construction will be completed. This
3 schedule should be broken down into topics including surveying, explora-
4 tion or other activities. The transmitting utility shall also provide a
5 map showing all areas that may be temporarily disturbed by any activity
6 related to the design, construction and operation of the proposed trans-
7 mission facility.
8 (k) Exhibit K - Map. A map identifying all areas designated for protec-
9 tion by a tribe, the state or federal government including, but not lim-
10 ited to, monuments, wilderness areas, wildlife refuges, scenic waterways
11 and similar areas. The map shall identify affected tribal lands and loca-
12 tions that may have cultural significance to any tribe. If the proposed
13 route traverses wetland areas, provide copies of all permits related to
14 such wetlands. The map shall denote all airports and private airstrips
15 within ten thousand (10,000) feet of the centerline of the proposed route.
16 The map shall show all commercial AM radio transmitters and all FM radio
17 transmitters within ten thousand (10,000) feet of the centerline and all
18 microwave relay stations or similar installations within two thousand
19 (2,000) feet of the centerline of the proposed route.
20 (l) Exhibit L - Affected Landowners. Describe the efforts utilized to
21 notify all affected landowners. Indicate in a quantitative fashion the
22 amount of property already acquired or optioned from affected landowners.
23 (m) Exhibit M - Soils and Geotechnical Work. Describe the locations along
24 the proposed transmission route where the transmitting utility proposes to
25 perform site specific geotechnical work including, but not limited to,
26 railroad crossings, major road crossings, river crossings, dead ends, or
27 corners. Describe where geological reconnaissance and other site specific
28 studies provide evidence of existing landslides or marginally stable
29 slopes that could be made unstable by the planned construction. This
30 exhibit shall also contain a map showing the location of existing and sig-
31 nificant potential geological and soil stability hazards and problems, if
32 any, on the proposed route and in the adjacent vicinity that could
33 adversely affect, or be aggravated by, the construction and operation of
34 the proposed transmission facility.
35 (n) Exhibit N - Seismic Hazards. The transmitting utility shall include
36 an analysis and assessment of the seismic hazards that may occur along the
37 proposed transmission route.
38 (3) The transmitting utility shall also provide any other information
39 that the commission requests.
40 (4) The transmitting utility shall include, with its application for a
41 route certificate, written prefiled testimony that supports the information
42 contained in the application. Such testimony shall be in a form that conforms
43 to the commission's rules of procedure.
44 (5) After notice and an opportunity for hearing, the commission shall
45 issue its final order denying, granting, or granting with conditions the
46 application for a route certificate. The commission shall issue its final
47 order no later than twelve (12) months after the application for a route cer-
48 tificate is filed, unless the transmitting utility agrees to an extension in
49 writing.
50 (6) The transmitting utility will make available copies of its complete
51 application on its project website and at publicly accessible locations in
52 each county. The application will also be available on the commission's
53 website.
54 61-1706. CONSTRUCTION STANDARDS. Each transmitting utility will construct,
8
1 install, operate, and maintain its transmission facility in compliance with
2 the current edition of the national electrical safety code published by the
3 institute of electrical and electronic engineers, inc. Transmission facilities
4 shall be constructed and operated in a manner to best accommodate the public
5 and to prevent interference with service furnished by other public utilities
6 insofar as practical.
7 61-1707. PUBLIC WORKSHOPS. (1) After a transmitting utility has filed its
8 notice of intent with the commission and before it files the application for a
9 route certificate, the transmitting utility shall conduct informal public
10 workshops at location(s) along the proposed transmission route. The purpose of
11 the workshops is to provide information about the transmission project and the
12 process for obtaining construction authority.
13 (2) After a transmitting utility has filed an application for a route
14 certificate, the commission will determine whether the staff should conduct an
15 informational public workshop at locations along the proposed transmission
16 route. The purpose of the public workshop is for the commission staff to dis-
17 pense information concerning the transmission utility's application and to
18 advise interested persons on how to participate in the commission's review
19 proceeding.
20 (3) Notice of the public workshops shall be issued a minimum of fourteen
21 (14) days prior to the workshop to newspapers of general circulation and radio
22 and television stations in the affected area.
23 61-1708. EFFECT OF ISSUANCE OF ROUTE CERTIFICATION. (1) Subject to any
24 conditions attached to the certificate by the commission, a final commission
25 order granting a route certificate shall bind the state and each of its agen-
26 cies, divisions, bureaus, commissions, boards and local governments as to the
27 approval of the authorized transmission route and the construction and opera-
28 tion of the authorized transmission facility.
29 (2) Issuance of a route certificate to a transmitting utility authorizes
30 the utility to exercise the right of eminent domain pursuant to chapter 7,
31 title 7, Idaho Code.
32 (3) Issuance of the route certificate shall not be construed to preempt
33 jurisdiction of any state agency or local government over matters that are not
34 included in and governed by the route certificate including, but not limited
35 to, employee health and safety, wage and hour or other labor regulations,
36 other design and operational issues that do not relate to the siting of the
37 transmission facilities.
38 61-1709. COMMISSION PROCEDURES -- ADMINISTRATIVE REMEDY -- RECONSIDERA-
39 TION -- JUDICIAL REVIEW. (1) All matters arising under this chapter shall be
40 governed by the commission's rules of procedure.
41 (2) The commission's proceeding to review an application for a route cer-
42 tificate for the construction of transmission facilities in a designated
43 national interest electric transmission corridor shall constitute a necessary
44 administrative remedy for a person aggrieved by a local government's final
45 land use action on a transmitting utility's application to construct transmis-
46 sion facilities in a designated national interest electric transmission corri-
47 dor. Judicial review shall not be available from a local government's final
48 land use decision concerning a transmitting utility's application to construct
49 transmission facilities in a national interest electric transmission corridor.
50 A person aggrieved by a local government's final land use action involving the
51 construction of a proposed transmission facility route in a national interest
52 electric transmission corridor must participate in the commission's proceeding
9
1 and seek judicial review of the commission's final order.
2 (3) Reconsideration of, appeal from, and stay of orders issued pursuant
3 to this chapter shall be governed by law as for orders of the commission in
4 other matters.
5 SECTION 2. That Section 67-6508, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 67-6508. PLANNING DUTIES. It shall be the duty of the planning or plan-
8 ning and zoning commission to conduct a comprehensive planning process
9 designed to prepare, implement, and review and update a comprehensive plan,
10 hereafter referred to as the plan. The plan shall include all land within the
11 jurisdiction of the governing board. The plan shall consider previous and
12 existing conditions, trends, desirable goals and objectives, or desirable
13 future situations for each planning component. The plan with maps, charts, and
14 reports shall be based on the following components as they may apply to land
15 use regulations and actions unless the plan specifies reasons why a particular
16 component is unneeded.
17 (a) Property Rights -- An analysis of provisions which may be necessary
18 to insure ensure that land use policies, restrictions, conditions and fees do
19 not violate private property rights, adversely impact property values or cre-
20 ate unnecessary technical limitations on the use of property and analysis as
21 prescribed under the declarations of purpose in chapter 80, title 67, Idaho
22 Code.
23 (b) Population -- A population analysis of past, present, and future
24 trends in population including such characteristics as total population, age,
25 sex, and income.
26 (c) School Facilities and Transportation -- An analysis of public school
27 capacity and transportation considerations associated with future development.
28 (d) Economic Development -- An analysis of the economic base of the area
29 including employment, industries, economies, jobs, and income levels.
30 (e) Land Use -- An analysis of natural land types, existing land covers
31 and uses, and the intrinsic suitability of lands for uses such as agriculture,
32 forestry, mineral exploration and extraction, preservation, recreation, hous-
33 ing, commerce, industry, and public facilities. A map shall be prepared indi-
34 cating suitable projected land uses for the jurisdiction.
35 (f) Natural Resources -- An analysis of the uses of rivers and other
36 waters, forests, range, soils, harbors, fisheries, wildlife, minerals, thermal
37 waters, beaches, watersheds, and shorelines.
38 (g) Hazardous Areas -- An analysis of known hazards as may result from
39 susceptibility to surface ruptures from faulting, ground shaking, ground fail-
40 ure, landslides or mudslides; avalanche hazards resulting from development in
41 the known or probable path of snowslides and avalanches, and floodplain haz-
42 ards.
43 (h) Public Services, Facilities, and Utilities -- An analysis showing
44 general plans for sewage, drainage, power plant sites, utility transmission
45 corridors, water supply, fire stations and fire fighting equipment, health and
46 welfare facilities, libraries, solid waste disposal sites, schools, public
47 safety facilities and related services. The plan may also show locations of
48 civic centers and public buildings.
49 (i) Transportation -- An analysis, prepared in coordination with the
50 local jurisdiction(s) having authority over the public highways and streets,
51 showing the general locations and widths of a system of major traffic thor-
52 oughfares and other traffic ways, and of streets and the recommended treatment
53 thereof. This component may also make recommendations on building line set-
10
1 backs, control of access, street naming and numbering, and a proposed system
2 of public or other transit lines and related facilities including rights-of-
3 way, terminals, future corridors, viaducts and grade separations. The compo-
4 nent may also include port, harbor, aviation, and other related transportation
5 facilities.
6 (j) Recreation -- An analysis showing a system of recreation areas,
7 including parks, parkways, trailways, river bank greenbelts, beaches, play-
8 grounds, and other recreation areas and programs.
9 (k) Special Areas or Sites -- An analysis of areas, sites, or structures
10 of historical, archeological, architectural, ecological, wildlife, or scenic
11 significance.
12 (l) Housing -- An analysis of housing conditions and needs; plans for
13 improvement of housing standards; and plans for the provision of safe, sani-
14 tary, and adequate housing, including the provision for low-cost conventional
15 housing, the siting of manufactured housing and mobile homes in subdivisions
16 and parks and on individual lots which are sufficient to maintain a competi-
17 tive market for each of those housing types and to address the needs of the
18 community.
19 (m) Community Design -- An analysis of needs for governing landscaping,
20 building design, tree planting, signs, and suggested patterns and standards
21 for community design, development, and beautification.
22 (n) Implementation -- An analysis to determine actions, programs, bud-
23 gets, ordinances, or other methods including scheduling of public expenditures
24 to provide for the timely execution of the various components of the plan.
25 (o) National Interest Electric Transmission Corridors - After notifica-
26 tion by the public utilities commission concerning the likelihood of a feder-
27 ally designated national interest electric transmission corridor, prepare an
28 analysis showing the existing location and possible routing of high voltage
29 transmission lines, including national interest electric transmission
30 corridors based upon the United States department of energy's most recent
31 national electric transmission congestion study pursuant to sections 368 and
32 1221 of the energy policy act of 2005. "High-voltage transmission lines" means
33 lines with a capacity of one hundred fifteen thousand (115,000) volts or more
34 supported by structures of forty (40) feet or more in height.
35 Nothing herein shall preclude the consideration of additional planning
36 components or subject matter.
37 SECTION 3. SEVERABILITY. The provisions of this act are hereby declared
38 to be severable and if any provision of this act or the application of such
39 provision to any person or circumstance is declared invalid for any reason,
40 such declaration shall not affect the validity of the remaining portions of
41 this act.
42 SECTION 4. An emergency existing therefor, which emergency is hereby
43 declared to exist, this act shall be in full force and effect on and after its
44 passage and approval.
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STATEMENT OF PURPOSE
RS 16901
This legislation gives limited authority to the Public
Utilities Commission (PUC) to act as the state transmission
siting authority only if the U.S. Department of Energy designates
a "national interest electric transmission corridor" in Idaho.
To promote national security and enhance the energy independence
of the United States, Congress enacted the Energy Policy Act of
2005. For states that do not have a transmission siting agency
(such as Idaho), the Energy Policy Act allows an entity seeking
to build such a transmission line in Idaho to simply file an
application with the Federal Energy Regulatory Commission (FERC)
for permission to construct the requested line. Under FERC
regulations, there would be no local hearing in Idaho.
To avoid FERC preemption, provide a local forum in Idaho and
allow for local government decision-making, this bill authorizes
the PUC to act as the state transmission siting authority. This
legislation generally mirrors the FERC procedures for obtaining a
transmission siting permit. This bill requires that a
"transmission utility" notify affected landowners, affected local
governments, and state and federal permitting entities. The
legislation contemplates that local land use decisions will be
completed no later than six months after the transmission utility
files its notice with the PUC.
FISCAL NOTE
This legislation will have no fiscal impact on the state's
general fund. The PUC is a dedicated fund agency.
Contact
Name: Rep Mark Snodgrass ,Rep Eric Anderson, Rep George Eskridge
Phone: 332-1000
Sen. Fulcher, Sen. McKenzie
STATEMENT OF PURPOSE/FISCAL NOTE H 152