STATE GOVERNMENT AND STATE AFFAIRS
67-2355. Consideration of application — Local regulation. (1) The city or county shall consider an application for the construction of an energy facility under its existing ordinances except as otherwise provided in this section.
(2) In considering an application for the construction of an energy facility, the city or county may not consider the following factors or attributes of an energy facility because the factors are the responsibility of the public utilities commission, an electric cooperative governing board or a city council overseeing a municipal electric system:
(a) The need for or use of the energy by the applicant or by one (1) or more electric utilities or purchasers of the energy;
(b) The resource plan or financial characteristics of an electric utility or purchaser of the energy; or
(c) Alternative resource options or alternative energy facility sites that were considered by the applicant or utility owner or purchaser, or that may be or were available or should have been considered for comparative purposes.
(3) The city or county shall hold at least one (1) public hearing affording the public an opportunity to comment on each proposed energy facility before the approval of the facility. Several sites may be considered at any one (1) public hearing. A representative of the state department or departments that have provided written reports shall appear at the hearing at the request of the city or county. Members of the public who are not residents of the city or county may provide comments at the hearing. The city or county, when deciding whether to approve the application, shall duly consider all comments. The city or county may approve or disapprove the application regardless of the written advice by a state department. A hearing held pursuant to the existing ordinances of the city or county that meets all of the requirements of this subsection is held in compliance with this subsection.
[67-2355, added 2007, ch. 164, sec. 1, p. 491.]