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H0154.................................by ENVIRONMENT, ENERGY AND TECHNOLOGY
ENERGY FACILITIES - Adds to existing law to provide that a city or county
may request advice from state agencies regarding an energy facility; to
provide state department responsibilities; to provide for consideration of
an application; to provide prohibited factors for consideration; and to
provide for public hearings and comments.
02/09 House intro - 1st rdg - to printing
02/12 Rpt prt - to Env
02/23 Rpt out - rec d/p - to 2nd rdg
02/26 2nd rdg - to 3rd rdg
02/28 3rd rdg - PASSED - 51-19-0
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bolz, Brackett, Bradford, Chadderdon, Clark, Collins, Crane,
Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood, Henderson, Kren,
Labrador, Lake, Loertscher, Luker, Marriott, Mathews, McGeachin,
Mortimer, Moyle, Nielsen, Nonini, Patrick, Raybould, Ring, Roberts,
Schaefer, Shepherd(2), Shepherd(8), Shirley, Snodgrass, Stevenson,
Thayn, Vander Woude, Wills, Wood(27), Wood(35), Mr Speaker
NAYS -- Bock, Boe, Chavez, Chew, Henbest, Jaquet, Killen, King,
LeFavour, Pasley-Stuart, Pence, Ringo, Ruchti, Rusche, Sayler,
Shively, Smith(30), Smith(24), Trail
Absent and excused -- None
Floor Sponsor - Snodgrass
Title apvd - to Senate
03/01 Senate intro - 1st rdg - to Loc Gov
03/09 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/15 3rd rdg - PASSED - 24-9-2
AYES -- Andreason, Bair, Broadsword, Cameron, Coiner, Darrington,
Davis, Fulcher, Gannon, Geddes, Goedde, Hammond, Heinrich, Jorgenson,
Keough, Little, Lodge, McGee, McKague, McKenzie, Pearce, Richardson,
Siddoway, Stegner
NAYS -- Bilyeu, Burkett, Corder, Kelly, Langhorst, Malepeai,
Schroeder, Stennett, Werk
Absent and excused -- Bastian, Hill
Floor Sponsors - McKenzie & Fulcher
Title apvd - to House
03/16 To enrol - Rpt enrol - Sp signed
03/19 Pres signed - To Governor
03/23 Governor signed
Session Law Chapter 164
Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 154
BY ENVIRONMENT, ENERGY AND TECHNOLOGY COMMITTEE
1 AN ACT
2 RELATING TO ENERGY FACILITIES; AMENDING CHAPTER 23, TITLE 67, IDAHO CODE, BY
3 THE ADDITION OF NEW SECTIONS 67-2351, 67-2352, 67-2353, 67-2354 AND
4 67-2355, IDAHO CODE, TO PROVIDE A SHORT TITLE, TO DEFINE TERMS, TO PROVIDE
5 A CITY OR COUNTY REQUEST FOR ADVICE REGARDING AN ENERGY FACILITY, TO PRO-
6 VIDE STATE DEPARTMENT RESPONSIBILITIES, TO PROVIDE FOR CONSIDERATION OF AN
7 APPLICATION, TO PROVIDE PROHIBITED FACTORS FOR CONSIDERATION AND TO PRO-
8 VIDE FOR PUBLIC HEARINGS AND COMMENTS.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Chapter 23, Title 67, Idaho Code, be, and the same is
11 hereby amended by the addition thereto of NEW SECTIONS, to be known and desig-
12 nated as Sections 67-2351, 67-2352, 67-2353, 67-2354 and 67-2355, Idaho Code,
13 and to read as follows:
14 67-2351. SHORT TITLE. This act shall be known and may be cited as the
15 "Energy Facility Site Advisory Act."
16 67-2352. DEFINITIONS. As used in this act, the following definitions
17 shall apply:
18 (1) "Department" means any department of state government as defined in
19 section 67-2402, Idaho Code.
20 (2) "Energy facility" means any electrical generating facility with a
21 rated capacity at location and at fifty-nine (59) degrees of more than fifty
22 (50) megawatts regardless of fuel source.
23 67-2353. CITY OR COUNTY REQUEST FOR ADVICE. (1) In the event that a city
24 or county has before it a matter in which it considers a permit to construct
25 and operate an energy facility that will be used for the generation of elec-
26 tricity, the city or county may request assistance in the evaluation of the
27 environmental attributes and impacts of the operation of the facility from
28 any department of state government as provided in this act. The request to a
29 department for assistance shall specify the scope of the requested assistance,
30 shall request a written response to the request and shall include the informa-
31 tion provided to the city or county by the applicant that relates to the
32 request for assistance.
33 (2) In addition to such other information as the ordinances of the city
34 or county may require, a city or county may require an applicant for the con-
35 struction of an energy facility to submit preliminary air emission and prelim-
36 inary water consumption data concerning the proposed energy facility based on
37 the design of the facility.
38 (3) If a city or county requests assistance from more than one (1)
39 department, the city or county may designate one of the departments to coordi-
40 nate the reporting by all departments pursuant to this act.
2
1 67-2354. DEPARTMENT RESPONSIBILITIES. (1) Upon receiving a request for
2 assistance from a city or county, the department receiving the request shall
3 review the information provided to the department by the city or county. The
4 department may make such investigations as it considers necessary to respond
5 to the request for advice. Within sixty (60) days of receiving a request for
6 assistance, the department shall issue a written report to the city or county
7 that made the request. If a city or county requests assistance from more than
8 one (1) department, all departments to which a request is made shall cooperate
9 with the department designated by the city or county to coordinate the activi-
10 ties of all departments in performing their reporting obligation.
11 (2) A department that has received a request for assistance pursuant to
12 this act shall cause a qualified employee of the department to appear at a
13 hearing on the application held pursuant to section 67-2355(3), Idaho Code,
14 upon the request of the city or county that requested the assistance.
15 (3) Compliance with this act shall not preempt or otherwise affect the
16 duties of the department under state law.
17 67-2355. CONSIDERATION OF APPLICATION -- LOCAL REGULATION. (1) The city
18 or county shall consider an application for the construction of an energy
19 facility under its existing ordinances except as otherwise provided in this
20 section.
21 (2) In considering an application for the construction of an energy
22 facility, the city or county may not consider the following factors or attrib-
23 utes of an energy facility because the factors are the responsibility of the
24 public utilities commission, an electric cooperative governing board or a city
25 council overseeing a municipal electric system:
26 (a) The need for or use of the energy by the applicant or by one (1) or
27 more electric utilities or purchasers of the energy;
28 (b) The resource plan or financial characteristics of an electric utility
29 or purchaser of the energy; or
30 (c) Alternative resource options or alternative energy facility sites
31 that were considered by the applicant or utility owner or purchaser, or
32 that may be or were available or should have been considered for compara-
33 tive purposes.
34 (3) The city or county shall hold at least one (1) public hearing afford-
35 ing the public an opportunity to comment on each proposed energy facility
36 before the approval of the facility. Several sites may be considered at any
37 one (1) public hearing. A representative of the state department or depart-
38 ments that have provided written reports shall appear at the hearing at the
39 request of the city or county. Members of the public who are not residents of
40 the city or county may provide comments at the hearing. The city or county,
41 when deciding whether to approve the application, shall duly consider all com-
42 ments. The city or county may approve or disapprove the application regardless
43 of the written advice by a state department. A hearing held pursuant to the
44 existing ordinances of the city or county that meets all of the requirements
45 of this subsection is held in compliance with this subsection.
STATEMENT OF PURPOSE
RS 16972
The legislation enacts recommendation 17 of 2007 Idaho Energy
Plan recommending that Idaho state agencies play a role in
providing technical information to support local energy facility
siting decisions. The 2006 Interim Committee on Energy,
Environment and Technology recommended that resources be made
available at the request of local officials to provide
information and advice on energy facility siting. This
legislation creates a system for cities and counties to request
and receive information from state departments when they are
considering an application for a permit to establish a new
electrical generation facility.
FISCAL NOTE
There will be a minimal fiscal impact on state funds and no
fiscal impact on local funds. The state agencies providing
assistance will not require additional personnel to fulfill their
obligations under this legislation. The most likely fiscal
impact is a small increase in travel costs to attend local
government meetings.
Contact
Name: Rep Eskridge
Phone: 332-1000
Rep Snodgrass
Rep Anderson
Sen. Fulcher, Sen. McKenzie
STATEMENT OF PURPOSE/FISCAL NOTE H 154