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H 348

LOCAL LAND USE PLANNING – Adds to existing law to establish provisions regarding conditional use permits for the construction of energy facilities.

68th Legislature, 1st Regular Session (2025)

H 348 requires energy facility CUPs to include a condition that all generated electricity is first offered to Idaho electric suppliers at market price before others, with a sunset

Reported Printed and Referred to Environment, Energy & Technology
#buildings #construction #electricityandelectricians #energy #licensesandpermits #utilities
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Bill Summary · H 348

Summary: Idaho House Bill 348 (H 348) – ENERGY FACILITIES CONDITIONAL USE PERMITS

Overview

H 348 proposes a new requirement for local land use planning in Idaho, adding a conditional use permit (CUP) requirement for the construction of energy facilities. A key feature is a first-offer provision: electricity generated by the facility must be offered first to Idaho electric suppliers serving Idaho consumers at market price before offering to any other supplier. The bill includes a sunset and an emergency clause, and it has no fiscal impact per the accompanying fiscal note.

  • Bill number: H 348
  • Title: LOCAL LAND USE PLANNING – Adds to existing law to establish provisions regarding conditional use permits for the construction of energy facilities
  • Introduced: February 28, 2025
  • Status: Reported Printed and Referred to Environment, Energy & Technology
  • Effective date: July 1, 2025 (emergency clause)
  • Sunset: July 1, 2030
  • Fiscal note: No net revenue or expenditure impact expected

Key Provisions

  1. New statutory requirement

    • Adds a new section 67-6512A to Chapter 65, Title 67, Idaho Code.
    • Governing boards must require a conditional use permit for the construction of any energy facility (as defined in Idaho Code § 67-2352).

  2. Conditional use permit condition on electricity sales

    • Each CUP must include a condition requiring the energy facility to offer for purchase the electricity generated to Idaho electric suppliers that furnish service to Idaho consumers.
    • The offer must be at market price existing at the time of the offer.
    • The facility must offer the electricity to Idaho suppliers before offering to any other suppliers who do not furnish electric service to Idaho consumers.

  3. Compliance consequences

    • A CUP that does not include this requirement is void.

  4. Sunset and emergency

    • The provisions are null and void after July 1, 2030.
    • The act contains an emergency clause and takes effect on July 1, 2025.

Definitions and scope

  • Energy facility: as defined in Idaho Code § 67-2352.
  • Electric supplier: as defined in Idaho Code § 61-332A (the supplier to Idaho consumers).

Procedural and Timeline Details

  • Application process: CUP applications for energy facilities are governed by the general CUP provisions under § 67-6512, with the added requirement in § 67-6512A.
  • Effective date: Immediate applicability upon July 1, 2025 due to the emergency clause.
  • Sunset: The policy expires on July 1, 2030 unless extended or renewed.

Potential Impact and Stakeholders

  • Affected parties:

    • Energy facility developers and project sponsors (power plants, transmission/renewable energy projects).
    • Idaho electric suppliers serving Idaho consumers.
    • Local governing boards or authorities that issue CUPs.
    • Idaho electricity consumers (indirect impact via supplier dynamics).

  • Policy implications:

    • Prioritizes Idaho-based electricity markets by guaranteeing a first-offer channel to Idaho suppliers.
    • Ties the viability or approval of energy projects to their ability to engage Idaho suppliers at market price.
    • Could affect project timing, negotiations, and financing if developers must adjust to this purchase sequence and pricing condition.
    • Sunset creates a finite period for the policy’s influence; potential reauthorization would be needed to extend.

Summary

H 348 adds a conditional-use-permit requirement for energy facilities and requires a specific procurement condition: electricity generated must first be offered to Idaho electric suppliers serving Idaho consumers at market price, before other suppliers. CUPs that omit this language would be void. The measure is effective July 1, 2025, with a sunset on July 1, 2030, and carries no stated fiscal impact.

Compiled from official sources — confirm details with the bill’s official record.

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