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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