Print Friendly SENATE BILL NO. 1314
– Power plants, certain, moratorium
SENATE BILL NO. 1314
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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
]]]] 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
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.
This bill does not have any fiscal impact on the state general
Name: Sen. Clint Stennett Sen. David Langhorst
Sen. Kate Kelly Sen. Mike Burkett
Sen. Elliot Werk
STATEMENT OF PURPOSE/FISCAL NOTE S 1314