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S1293.........by STENNETT, LANGHORST, KELLY, BURKETT, WERK, BILYEU, SAGNESS ENERGY FACILITY SITING - Adds to existing law relating to energy facility siting to require a siting certificate in certain circumstances; to create a siting panel; to provide authority and responsibilities of the panel; to provide for an application for a siting certificate; to provide duties of an applicant upon submittal of an application; and to provide duties of the Public Utilities Commission upon receipt of an application. 01/17 Senate intro - 1st rdg - to printing 01/18 Rpt prt - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1293 BY STENNETT, LANGHORST, KELLY, BURKETT, WERK, BILYEU, SAGNESS 1 AN ACT 2 RELATING TO ENERGY FACILITY SITING; AMENDING TITLE 61, IDAHO CODE, BY THE 3 ADDITION OF A NEW CHAPTER 18, TITLE 61, IDAHO CODE, TO PROVIDE LEGISLATIVE 4 PURPOSE AND FINDINGS, TO DEFINE TERMS, TO REQUIRE A SITING CERTIFICATE IN 5 CERTAIN CIRCUMSTANCES, TO CREATE A SITING PANEL, TO PROVIDE AUTHORITY AND 6 RESPONSIBILITIES OF THE PANEL, TO PROVIDE FOR AN APPLICATION FOR A SITING 7 CERTIFICATE, TO PROVIDE DUTIES OF AN APPLICANT UPON SUBMITTAL OF AN APPLI- 8 CATION AND TO PROVIDE DUTIES OF THE PUBLIC UTILITIES COMMISSION UPON 9 RECEIPT OF AN APPLICATION; AND DECLARING AN EMERGENCY. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Title 61, Idaho Code, be, and the same is hereby amended 12 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap- 13 ter 18, Title 61, Idaho Code, and to read as follows: 14 CHAPTER 18 15 SITING OF MAJOR ENERGY FACILITIES 16 61-1801. LEGISLATIVE PURPOSE AND FINDINGS. (1) The purpose of this chap- 17 ter is to set forth a process for the efficient and timely review of applica- 18 tions for the siting and expansion of major energy facilities in Idaho. The 19 review is intended to facilitate participation from all interested entities 20 and individuals and to ensure, through available and reasonable methods, that 21 there is consideration which balances the need for low cost, environmentally 22 sound energy with the broad interests of the public. 23 (2) The legislature finds that the efficient and safe generation of elec- 24 tricity is critical to the well-being of the citizens and the economy of this 25 state, the region and the nation. The legislature further finds that enactment 26 of this chapter is necessary for the protection of the public welfare and pub- 27 lic interest. 28 (3) On and after the effective date of this chapter, no construction or 29 expansion of a major energy facility may be undertaken in the state without a 30 siting certificate granted pursuant to the provisions of this chapter. The 31 siting certificate shall not duplicate or replace other local, state and fed- 32 eral permitting processes, but rather the siting certificate is a preliminary 33 prerequisite for those permitting processes to proceed. 34 61-1802. DEFINITIONS. As used in this chapter: 35 (1) "Applicant" means the owner or operator of a facility who files an 36 application for a siting certificate. The owner or operator of the facility 37 rather than the builder shall be responsible for filing the application and 38 obtaining the certificate. 39 (2) "Application" means an application for an energy facility siting cer- 40 tificate. 41 (3) "Commission" means the public utilities commission. 2 1 (4) "Facility" or "energy facility" means any proposed: 2 (a) Electrical generating facility with a rated capacity at location and 3 at fifty-nine (59) degrees of more than fifty (50) megawatts regardless 4 of fuel source; or 5 (b) Expansion of an energy facility in existence on the effective date of 6 this chapter, which expansion will increase the capacity of the facility 7 by more than fifty (50) megawatts regardless of fuel source at location 8 and at fifty-nine (59) degrees. 9 The definition of "facility" or "energy facility" does not apply to electric 10 generating facilities owned or constructed by a public utility regulated pur- 11 suant to title 61, Idaho Code, by a cooperative or a municipality, or by any 12 entity when the facility is constructed within the property boundaries of the 13 Idaho national laboratory. 14 (5) "Panel" or "siting panel" means the Idaho energy facility siting 15 panel created in section 61-1804, Idaho Code. 16 (6) "President" means the president of the public utilities commission. 17 61-1803. SITING CERTIFICATE -- EXISTING FACILITIES. (1) On and after the 18 effective date of this chapter, no person shall commence construction on an 19 energy facility, as that term is defined in section 61-1802, Idaho Code, in 20 the state without a siting certificate. 21 (2) An energy facility in existence on the effective date of this chapter 22 shall not require a certificate under the provisions of this chapter, except 23 that the expansion of an energy facility in existence on the effective date of 24 this chapter constitutes a new proposal for which a siting certificate is 25 required if the expansion will increase the capacity of the facility by more 26 than fifty (50) megawatts regardless of fuel source at location and at fifty- 27 nine (59) degrees. 28 61-1804. STATE SITING PANEL -- CREATION -- MEMBERS. (1) There is hereby 29 created in the commission the Idaho energy facility siting panel. Members of 30 the panel shall consist of: 31 (a) Five (5) members who are the following individuals or their desig- 32 nees: the administrator of the office of energy, the director of the 33 department of environmental quality, the president of the public utili- 34 ties commission, the director of the department of water resources and the 35 director of the department of commerce. 36 (b) One (1) member appointed by the city council of each city located 37 within a fifty (50) mile radius of the site where the energy facility is 38 proposed to be located. The member(s) serving pursuant to this subsection 39 shall serve only until the particular siting application subject to their 40 review is approved, or until the application is rejected and is no longer 41 subject to their review. 42 (c) One (1) member appointed by the board of county commissioners for 43 each county located within a fifty (50) mile radius of the site where the 44 energy facility is proposed to be located. The member(s) serving pursuant 45 to this paragraph shall serve only until the particular application sub- 46 ject to their review is approved, or until the application is rejected and 47 is no longer subject to their review. 48 (2) No person may serve on the panel if the person has a conflict of 49 interest as that term is defined in section 59-703, Idaho Code, or if that 50 person could derive any economic gain as that term is defined in section 51 59-703, Idaho Code, from the location or siting of the proposed energy facil- 52 ity. 53 (3) A majority of the members of the panel shall constitute a quorum for 3 1 the transaction of business of the panel, and the concurrence of a majority of 2 the members of the panel shall constitute a legal action of the panel. 3 (4) The public utilities commission and state agencies shall make staff 4 available to assist the panel in carrying out its responsibilities. 5 (5) A vacancy occurring on the panel shall be filled in the same manner 6 as the original appointment. 7 (6) The chairman of the panel shall be elected by the members and the 8 chairman shall be a voting member. 9 61-1805. PANEL AUTHORITY -- RESPONSIBILITIES. (1) The siting panel shall 10 review the application of each energy facility proposed within the state after 11 the effective date of this chapter. After notice and an opportunity for hear- 12 ing, the panel shall review and deny or approve an application seeking a sit- 13 ing certificate. 14 (2) In reviewing an application for a siting certificate the panel shall 15 consider: 16 (a) The regional or national benefits expected to be achieved; 17 (b) The benefits to electric consumers expected to be achieved; 18 (c) The extent to which the proposed construction or expansion is consis- 19 tent with sound national energy policy and will enhance energy indepen- 20 dence; 21 (d) The extent to which the proposed construction or expansion minimizes 22 consumption of the natural resources of the state and minimizes adverse 23 impacts on the environment of the state and surrounding localities, 24 including the air and water quality; 25 (e) The potential for harm to scenic, historic, cultural or recreational 26 values; 27 (f) The potential risk and impact of an accident during transport of fuel 28 to, or waste from, the facility; 29 (g) The potential impact on local and state government and consistency 30 with local planning and existing development; 31 (h) The potential risk and impact from any waste, effluent or emissions, 32 including secondary effluent or emissions, to be generated; 33 (i) The financial ability and experience of the applicant to undertake 34 the construction and operation of the facility; 35 (j) The extent to which, when compared with available alternatives, the 36 proposed facility, including its location, production processes and envi- 37 ronmental controls, minimizes the potential risks and impacts to public 38 health and safety and to the environment; 39 (k) The extent to which the proposed facility will maximize existing or 40 proposed transmission capabilities; and 41 (l) The extent to which the proposed construction or expansion is consis- 42 tent with the public interest. 43 61-1806. APPLICATION FOR A SITING CERTIFICATE. (1) Each application for 44 a siting certificate shall contain the following: 45 (a) The exact legal name of the applicant; its principal place of busi- 46 ness; whether the applicant is an individual, partnership, corporation or 47 otherwise; the state laws under which the applicant is organized or autho- 48 rized; and the name, title, telephone number, mailing address and e-mail 49 address of the person or persons to whom communications concerning the 50 application are to be addressed; 51 (b) A description of the existing operations owned or operated by the 52 applicant including the operations of affiliates, subsidiaries or any 53 majority owner of the applicant; 4 1 (c) Certification that, to the best of the applicant's knowledge, all 2 other facilities owned or operated by the applicant, including the opera- 3 tions of affiliates, subsidiaries or any majority owner of the applicant, 4 are in compliance with local, state or federal requirements or are on a 5 schedule for compliance with such; 6 (d) A description of the proposed design and operations of the energy 7 facility, including plans, descriptions, specifications and drawings show- 8 ing the design of the facility, the nature and amount of any waste, efflu- 9 ent or emissions, including secondary effluent or emissions, to be gener- 10 ated, if any, and the manner in which it will be operated and controlled; 11 (e) A description of the amount of electricity to be produced by the 12 energy facility, the availability or planned availability of transmission 13 capabilities, and the potential market(s) for the electricity; 14 (f) A description of the project financing; 15 (g) A list of the federal, state, tribal and local permits and licenses 16 required, including mailing addresses, contact names, telephone numbers 17 and e-mail addresses for the permitting authorities; 18 (h) The projected schedule for permitting, construction and operation of 19 the facility; 20 (i) Identification of any alternative sites, sizes, production processes 21 and environmental control techniques that have been, or might be, consid- 22 ered for the energy facility; 23 (j) Information about any potential harm to scenic, historic, cultural or 24 recreational values; 25 (k) Information about any potential risk and impact of an accident during 26 the transport of fuel to, or waste from, the facility; 27 (l) A description of the infrastructure needed for construction and oper- 28 ation of the facility including roads, water, power and any other needs; 29 (m) A description of the potential impact on local or state government 30 and consistency of the proposed facility with local planning and existing 31 development; and 32 (n) To the extent not otherwise addressed, information responding to the 33 criteria set out in subsection (2) of section 61-1805, Idaho Code. 34 (2) The applicant shall provide any other information that the panel 35 requests. 36 (3) The application shall be accompanied by a siting certificate applica- 37 tion fee. The commission shall establish by rule, the scale for determining 38 the siting certificate application fee. The fee shall not exceed one hundred 39 thousand dollars ($100,000) and shall be based upon the cost of processing the 40 application. Fees received pursuant to this section may be expended by the 41 commission to pay the actual, reasonable and necessary costs incurred by the 42 commission and the panel in acting upon a siting certificate application. 43 (4) The commission may promulgate other rules and regulations in compli- 44 ance with chapter 52, title 67, Idaho Code, to implement and administer the 45 provisions of this chapter. 46 61-1807. DUTIES OF APPLICANT UPON SUBMITTAL OF AN APPLICATION. (1) Within 47 seven (7) days of filing the application with the commission, the applicant 48 shall: 49 (a) Make available copies of the application in publicly accessible loca- 50 tions in each county or city within a fifty (50) mile radius of the pro- 51 posed site in either electronic or paper format; 52 (b) Create and maintain an up-to-date project website devoted solely to 53 dispensing information about the proposed facility; 54 (c) Cause to be published in a daily or weekly newspaper of general cir- 5 1 culation at least once per week for two (2) weeks in each county or city 2 within a fifty (50) mile radius of the proposed site public notice that an 3 application has been filed; and 4 (d) Cause to be provided to the city councils and boards of county com- 5 missioners in each city and county within a fifty (50) mile radius of the 6 proposed site public notice that an application has been filed. 7 (2) The public notice required by this section shall generally describe 8 the operations and schedule for the proposed facility, include a map of the 9 site, designate a single point of contact, explain how the applicant will 10 respond to requests for information from the public, and advise readers how to 11 obtain more information. 12 61-1808. DUTIES OF COMMISSION UPON RECEIPT OF AN APPLICATION. (1) Within 13 thirty (30) days after receipt of an application, the commission shall deter- 14 mine whether it is complete. If it is not complete, the commission shall 15 notify the applicant and state the areas of deficiency. The applicant shall 16 have thirty (30) days to respond to the notice of deficiency. 17 (2) This process shall continue until the application is deemed complete. 18 If at any time the applicant does not respond to a notice of deficiency within 19 sixty (60) days of its receipt, the application shall be considered withdrawn 20 and the applicant will need to submit a new application. 21 (3) Upon receipt of a complete application, the commission shall issue 22 public notice to the permanent panel members described in section 23 61-1804(1)(a), Idaho Code, and to the city council and board of county commis- 24 sioners of each city and county described in section 61-1804(1)(b) and (c), 25 Idaho Code. The notice shall set forth the time and place for the first meet- 26 ing of the panel and a proposed procedure and schedule for review of the 27 application and its approval or denial based upon the complexity of the appli- 28 cation. Within fourteen (14) days after receipt of notice pursuant to this 29 section, the board of commissioners of the county(ies) and the city council(s) 30 shall select their members to serve on the panel. 31 (4) Within forty-five (45) days after submittal of a complete applica- 32 tion, the panel shall have its initial meeting to review the application and 33 establish a timetable for review of the application, including setting a date 34 for at least one (1) public hearing and a target date for a decision. 35 (5) Subsequent to the initial meeting, and not less than thirty (30) days 36 before the date of the public hearing, the commission shall cause to be pub- 37 lished in the daily or weekly newspapers of general circulation at least once 38 per week for two (2) weeks within a fifty (50) mile radius of the proposed 39 site a notice describing the location where the complete application package 40 may be reviewed and where copies may be obtained. The notice shall describe 41 the procedure by which the application will be reviewed by the panel and iden- 42 tify the time, place and location for the public hearing to be held to receive 43 public comment and input on the application. 44 (6) Comment and input on the proposed facility may be presented orally or 45 in writing by any interested party at the public hearing, and shall continue 46 to be accepted in writing by the panel for fifteen (15) days after the public 47 hearing date. 48 (7) No later than six (6) months after receipt of the complete applica- 49 tion, unless the applicant agrees to an extension in writing, the panel shall 50 approve or deny the application in light of the considerations set forth in 51 section 61-1805, Idaho Code, and based upon the contents of the application, 52 the support, concerns or objections submitted by the public, and any other 53 information available to the panel. If the application is denied, a clear 54 statement of the reasons for the denial shall be included with the decision. 6 1 (8) An applicant or any other person aggrieved by a final decision pursu- 2 ant to this chapter may, within twenty-eight (28) days, seek judicial review 3 under the procedures provided in chapter 52, title 67, Idaho Code. 4 (9) Nothing in this chapter shall prevent a court from enjoining any 5 activity at an energy facility that is outside of, or not in compliance with, 6 the terms and conditions of an approved permit issued pursuant to local, state 7 or federal law. 8 SECTION 2. An emergency existing therefor, which emergency is hereby 9 declared to exist, this act shall be in full force and effect on and after its 10 passage and approval.
STATEMENT OF PURPOSE
RS 17508C1
The purpose of this legislation is to provide for an energy
facility siting panel made up of representatives of state
agencies and local governments to review, and approve or
disapprove, sites for the proposed construction and operation of
large, merchant electric generation facilities.
FISCAL NOTE
None. Costs of implementation of the statutory provisions will
covered by a fee from facility operators.
Contact
Name: Sen. Clint Stennett
Sen. David Langhorst Sen. Kate Kelly
Sen. Elliot Werk Sen. Diane Bilyeu
Sen. Mike Burkett Sen. Dick Sagness
Phone: 208-332-1351
STATEMENT OF PURPOSE/FISCAL NOTE S 1293