2008 Legislation
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SENATE BILL NO. 1314<br /> – Power plants, certain, moratorium

SENATE BILL NO. 1314

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Bill Status



S1314..........................by STENNETT, LANGHORST, WERK, KELLY, BURKETT
MERCHANT THERMAL POWER PLANTS - Adds to existing law to provide legislative
intent; and to provide a moratorium on the permitting or construction of
certain merchant thermal power plants until April 1, 2010.

01/18    Senate intro - 1st rdg - to printing
01/21    Rpt prt - to St Aff

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                       IN THE SENATE

                                    SENATE BILL NO. 1314

                        BY STENNETT, LANGHORST, WERK, KELLY, BURKETT

  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        INTENT  AND  TO  PROVIDE A MORATORIUM ON THE PERMITTING OR CONSTRUCTION OF
  5        CERTAIN MERCHANT THERMAL POWER PLANTS; DECLARING AN EMERGENCY AND  PROVID-
  6        ING A SUNSET DATE.

  7    Be It Enacted by the Legislature of the State of Idaho:

  8        SECTION  1.  That Title 61, Idaho Code, be, and the same is hereby amended
  9    by the addition thereto of a NEW CHAPTER, to be known and designated as  Chap-
 10    ter 18, Title 61, Idaho Code, and to read as follows:

 11                                      CHAPTER 18
 12                                ENERGY FACILITY SITING

 13        61-1801.  LEGISLATIVE  FINDINGS -- POLICY -- INTENT. The legislature finds
 14    that the construction of energy facilities in the state of Idaho requires  the
 15    development  of  a  procedure  for  the selection and utilization of sites for
 16    energy facilities and the identification of a state position with  respect  to
 17    each  proposed  site.  The  legislature recognizes that the selection of sites
 18    will have a significant impact upon the welfare of the population,  the  loca-
 19    tion and growth of industry and the use of the natural resources of the state.
 20    To  this  end, the legislature is placing a moratorium on the issuance of per-
 21    mits, variances or siting merchant thermal power plants in  this  state  until
 22    April  1,  2010. Additionally, the legislature is requested to develop compre-
 23    hensive legislation regarding power plant siting.

 24        61-1802.  MORATORIUM ON CONSTRUCTION OF  MERCHANT  THERMAL  POWER  PLANTS.
 25    From the effective date of this act until April 1, 2010, the application for a
 26    permit or variance for, the issuance of a permit or variance for, or construc-
 27    tion  of  merchant thermal power plants with a generating capacity of two hun-
 28    dred fifty (250) megawatts or more, measured using continuous electric  gener-
 29    ating  capacity,  less  minimum auxiliary load, at average ambient temperature
 30    and pressure and their associated facilities, and owned by a person or  entity
 31    not  regulated  pursuant  to  title 61, Idaho Code, is prohibited. Any person,
 32    state agency, corporation, city or county violating this section shall be lia-
 33    ble for a civil penalty not in excess of fifty thousand dollars ($50,000).

 34        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
 35    declared to exist, this act shall be in full force and effect on and after its
 36    passage and approval and shall be null, void and of no force and effect on and
 37    after April 1, 2010.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 17655C1

This bill would place a two (2) year moratorium on applying for
or issuance of permits, licenses or construction of a merchant
thermal power plant.  



                           FISCAL NOTE

This bill does not have any fiscal impact on the state general
fund.





Contact
Name: Sen. Clint Stennett          Sen. David Langhorst
      Sen. Kate Kelly              Sen. Mike Burkett
      Sen. Elliot Werk

Phone: 208-332-1351


STATEMENT OF PURPOSE/FISCAL NOTE                        S 1314