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Rep. Levitt introduces 'in-state first' energy policy for large projects; committee introduced the RS

3064084 · February 28, 2025
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Summary

Representative Levitt introduced RS 32573, a draft 'in-state first' policy that would require energy facilities of 50 megawatts or larger to obtain conditional use permits and offer electricity first to Idaho electric suppliers at market rates; committee voted to introduce the RS for further consideration.

Representative Levitt, R-Twin Falls, requested introduction of RS 32573, describing it as an "in-state first" energy policy intended to prioritize Idaho consumers and businesses when large-scale energy facilities are built in the state.

"This bill requires all energy facilities larger than 50 megawatts to obtain conditional use permits before construction," Levitt said. "Before selling that energy to out of state buyers, energy facilities must first offer electricity to Idaho electric suppliers at market rate prices at the time of the offer."

Levitt said the measure includes a sunset clause to make the policy temporary while technologies and market conditions evolve. He told the committee the RS would not prevent companies from selling power out of state but would ensure Idahoans have first access to locally produced electricity. The RS exempts small biodigesters and other waste-to-energy systems under the 50-megawatt threshold, he said.

Committee members probed details. Representative Mickelson asked whether "market price" meant spot market or long-term contracted prices; Levitt said the language required clarification and he would provide details at a future hearing. Representatives also asked whether investor-owned utilities would be required to buy the power; Levitt said he would need to research procurement processes and provide answers at a later date.

Representative Barbieri moved to introduce RS 32573; the committee approved the motion by voice vote. The RS was introduced to print for future hearing and Levitt said he would be available to answer technical questions at that hearing.