2007 Legislation
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HOUSE BILL NO. 152 – Electric transmissn facility siting


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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

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 152
  1                                        AN ACT
 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
 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
  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
  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.
 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
  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
  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-
  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
  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,
  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.
 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
  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-
  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.

Statement of Purpose / Fiscal Impact

                       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.

Name: Rep Mark Snodgrass ,Rep Eric Anderson, Rep George Eskridge
Phone: 332-1000
Sen. Fulcher, Sen. McKenzie

STATEMENT OF PURPOSE/FISCAL NOTE                          H 152