EMINENT DOMAIN – Amends existing law to provide criteria for when eminent domain can be used for electric distribution and transmission lines.

68th Legislature, 1st Regular Session (2025)

House Bill H 167 clarifies eminent domain rules for electric lines, ensuring 75% of generated electricity is sold in Idaho, balancing local needs with market demands.

Reported Printed and Referred to State Affairs

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Bill Overview

Bill Number: H 167

Title: Eminent Domain – Amends existing law to provide criteria for when eminent domain can be used for electric distribution and transmission lines.

Status: Reported Printed and Referred to State Affairs

Introduced: February 06, 2025

Classification: Bill

Subject Areas: Electricity and Electricians, Eminent Domain, Energy, Government, Land Use

Purpose and Intent

House Bill H 167 aims to amend Idaho's eminent domain laws specifically concerning electric distribution and transmission lines. The bill seeks to clarify the conditions under which eminent domain can be exercised for these purposes, particularly in the context of energy generation and distribution within the state.

Key Provisions

Amendment to Section 7-701: The bill revises the existing law to include specific criteria for the use of eminent domain for electric distribution and transmission lines.

Electricity Sale Requirement: At least 75% of the electricity generated from these lines must be offered for sale within Idaho at market rates. The remaining 25% can be sold either within or outside the state, with no rate cap on those sales.

Technical Corrections: The bill also includes technical corrections to ensure clarity and accuracy in the language of the law.

Impact

Affected Parties: This legislation primarily impacts electric utility companies and private property owners in Idaho. It provides a framework for utilities to acquire land necessary for the development of electric infrastructure while ensuring that a significant portion of the generated electricity remains available for Idaho residents.

Energy Policy Context: The bill responds to the growing demand for Idaho-generated electricity from other states, such as California, and aims to balance local energy needs with external market pressures.

Procedural Aspects

Emergency Declaration: The bill declares an emergency, allowing it to take effect on July 1, 2025, upon passage.

Fiscal Note: The legislation is projected to have no fiscal impact, meaning it will not increase or decrease revenue or require additional expenditures at the state or local government levels.

Conclusion

House Bill H 167 represents a significant step in regulating the use of eminent domain for electric distribution and transmission lines in Idaho. By establishing clear criteria for the sale of electricity generated from these lines, the bill aims to protect local interests while facilitating the development of necessary energy infrastructure.

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