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Panel introduces RS 32218 C1 to limit out‑of‑state transfer of electricity in new transmission projects
Summary
RS 32218 C1 would require that at least 75% of electricity capacity in a transmission line built using eminent domain be used in Idaho; sponsors said the change applies prospectively to new lines and does not affect existing transmission.
Representative John Gannon, sponsor of RS 32218 C1, told the House State Affairs Committee the draft responds to concerns that out‑of‑state interests are taking Idaho energy for use elsewhere. Gannon said the measure would place a condition on the extraordinary eminent domain remedy available to public utilities: if eminent domain is used to obtain rights for a transmission line, at least 75% of the energy capacity carried by that new line must serve Idaho customers.
Gannon said the change is prospective and would not affect existing transmission lines. He also said the bill requires energy made available through such a line be offered to Idaho buyers “at a reasonable price.” He referenced a U.S. Department of Energy report (October 2024) and a California Independent System Operator press release to describe regional energy flows and demand patterns, and said data centers and subdivisions in Idaho are increasing local demand.
Committee members asked technical and legal questions. Representative Nicholson noted that power routinely flows across state borders and asked how the 75% calculation would work when flows change over time. Gannon acknowledged those complexities and described the 75% figure as an overall prospective benchmark rather than a moment‑by‑moment flow requirement. Representative Aquiles (committee member) urged careful distinction between transmission and distribution lines—transmission lines operate at a different system level and may be owned by different entities such as regional transmission owners versus local utilities.
Representative Barbieri moved to introduce RS 32218 C1. Several members expressed willingness to refine language before a full hearing; Aquiles asked sponsors to provide an analysis showing how existing transmission lines compare to the proposed 75% benchmark. The motion to introduce passed by voice vote. Sponsors said the Attorney General had reviewed the draft, according to Gannon, and that refinements could be considered at a full hearing.
If the RS is printed and scheduled for a hearing, committee members indicated they will likely request additional technical analysis, legal review of eminent domain implications, and modeling on how a 75% requirement would operate under changing grid conditions.
