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.
History:
[67-2355, added 2007, ch. 164, sec. 1, p. 491.]
Structure Idaho Code
Title 67 - STATE GOVERNMENT AND STATE AFFAIRS
Chapter 23 - MISCELLANEOUS PROVISIONS
Section 67-2301 - EXEMPTION FROM PAYMENT OF FEES.
Section 67-2302 - PROMPT PAYMENT FOR GOODS AND SERVICES.
Section 67-2303 - DISPLAY OF POW/MIA FLAG.
Section 67-2303A - FLAGS — PROPER PROTOCOL.
Section 67-2309 - WRITTEN PLANS AND SPECIFICATIONS FOR WORK TO BE MADE BY OFFICIALS — AVAILABILITY.
Section 67-2310 - SUBCONTRACTORS TO BE LISTED ON BID OF GENERAL CONTRACTOR — EXCEPTIONS.
Section 67-2311 - PURPOSE OF ACT.
Section 67-2312 - PUBLIC BUILDINGS SUBJECT TO SAFETY INSPECTION.
Section 67-2313 - INSPECTIONS.
Section 67-2314 - REPORT OF INSPECTION.
Section 67-2316 - DUTY OF AGENCY IN CONTROL OF BUILDINGS.
Section 67-2317 - HEARING AND DECISION OF DISPUTED ISSUES.
Section 67-2318 - EMERGENCY EXPENDITURES.
Section 67-2319 - PURCHASING PRODUCTS OF REHABILITATION FACILITIES.
Section 67-2321 - CHANGE OF NAME OF TAXING DISTRICT — HEARING — ELECTION — EXCEPTIONS.
Section 67-2323 - WRITTEN AGREEMENT BEFORE TRANSFER — PUBLICATION OF NOTICE.
Section 67-2324 - TWO-THIRDS VOTE REQUIRED FOR APPROVAL.
Section 67-2325 - POWER TO CONVEY UNDER OTHER LAWS NOT LIMITED.
Section 67-2326 - JOINT ACTION BY PUBLIC AGENCIES — PURPOSE.
Section 67-2327 - DEFINITIONS.
Section 67-2328 - JOINT EXERCISE OF POWERS.
Section 67-2330 - APPROVAL OF APPROPRIATE STATE OFFICER OR AGENCY.
Section 67-2331 - FUNDS — PROPERTY — PERSONNEL — SERVICES.
Section 67-2332 - INTERAGENCY CONTRACTS.
Section 67-2332A - INTERAGENCY CONTRACTS WITH STATE INSTITUTIONS OF HIGHER EDUCATION.
Section 67-2333 - POWERS OF AGENCIES NOT INCREASED OR DIMINISHED.
Section 67-2334 - “VOLUNTEER” DEFINED.
Section 67-2335 - ACCEPTANCE OF VOLUNTEERS — EXPENSES.
Section 67-2336 - QUALIFICATIONS OF VOLUNTEERS.
Section 67-2337 - EXTRATERRITORIAL AUTHORITY OF PEACE OFFICERS.
Section 67-2338 - EXTRATERRITORIAL BENEFITS OF PUBLIC OFFICERS.
Section 67-2339 - MUTUAL AID BY STATE AGENCIES.
Section 67-2340 - REGULATION OF AUXILIARY CONTAINERS.
Section 67-2345 - DISFAVORED STATE INVESTMENTS.
Section 67-2346 - ANTI-BOYCOTT AGAINST ISRAEL ACT.
Section 67-2348 - PREFERENCE FOR IDAHO DOMICILED CONTRACTORS ON PUBLIC WORKS.
Section 67-2349 - PREFERENCE FOR IDAHO SUPPLIERS AND RECYCLED PAPER PRODUCTS FOR PURCHASES.
Section 67-2350 - SNOW REMOVAL RESPONSIBILITIES.
Section 67-2351 - SHORT TITLE.
Section 67-2352 - DEFINITIONS.
Section 67-2353 - CITY OR COUNTY REQUEST FOR ADVICE.
Section 67-2354 - DEPARTMENT RESPONSIBILITIES.
Section 67-2355 - CONSIDERATION OF APPLICATION — LOCAL REGULATION.