PUBLIC UTILITIES – Adds to existing law to provide for new large loads.

LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
911
BY
WAYS
AND
MEANS
COMMITTEE
AN
ACT
1
RELATING
TO
PUBLIC
UTILITIES;
AMENDING
CHAPTER
3,
TITLE
61,
IDAHO
CODE,
BY
2
THE
ADDITION
OF
A
NEW
SECTION
61
-
335,
IDAHO
CODE,
TO
ESTABLISH
PROVI
-
3
SIONS
REGARDING
NEW
LARGE
LOADS;
AND
DECLARING
AN
EMERGENCY
AND
PROVID
-
4
ING
AN
EFFECTIVE
DATE.
5
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
6
SECTION
1.
That
Chapter
3,
Title
61,
Idaho
Code,
be,
and
the
same
is
7
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
8
ignated
as
Section
61
-
335,
Idaho
Code,
and
to
read
as
follows:
9
61
-
335.
NEW
LARGE
LOAD
AND
RATEPAYER
PROTECTION.
(1)
For
the
purposes
10
of
this
section:
1
1
(a)
"Electric
service"
means
electricity
furnished
to
an
ultimate
con
-
12
sumer
by
a
public
utility.
13
(b)
"Increase
in
a
cumulative
power
requirement"
means
the
maximum
14
contracted
demand,
expressed
in
megawatts,
measured
relative
to
the
15
highest
contracted
demand
of
such
service
entrance
in
the
previous
16
sixty
(60)
month
period.
17
(c)
"New
large
load"
means
any
electrical
load
associated
with
a
new
18
service
entrance,
any
additional
electric
service
associated
with
a
19
change,
enlargement,
or
other
modification
of
a
service
entrance,
or
20
the
utilization
of
an
existing
service
entrance
that:
21
(i)
Results
in
an
increase
in
a
cumulative
power
requirement
of
22
such
service
entrance
of
fifty
(50)
megawatts
or
more
in
any
con
-
23
secutive
sixty
(60)
month
period;
and
24
(ii)
Is
subject
to
a
service
contract
with
a
public
utility
that
25
was
entered
into
on
or
after
July
1,
2026.
26
(d)
"No
harm
test"
means
an
assessment
by
the
public
utilities
commis
-
27
sion
to
determine
the
impact
a
new
large
load
will
have
on
the
rates
of
28
existing
utility
customers.
29
(e)
The
following
terms
shall
have
the
same
meaning
as
provided
for
in
30
section
61
-
332A,
Idaho
Code:
31
(i)
"Commission";
32
(ii)
"Consumer";
33
(iii)
"New
service
entrance";
34
(iv)
"Public
utility";
and
35
(v)
"Service
entrance."
36
(2)
A
public
utility
shall
provide
service
to
a
new
large
load
only
pur
-
37
suant
to
a
commission
-
approved
service
contract.
38
(3)
A
public
utility
shall
file
the
service
contract
with
the
commis
-
39
sion
for
approval
prior
to
providing
service
to
a
new
large
load.
Such
filing
40
shall
include
a
no
harm
test
and
other
supporting
information
sufficient
to
41
demonstrate
compliance
with
the
requirements
of
this
section.
42

2
(4)
The
commission
shall
review
and
approve
or
deny
a
new
large
load
1
service
contract
within
two
hundred
seventy
(270)
days
of
receiving
such
2
filing
by
the
public
utility.
The
commission
shall
approve
the
service
con
-
3
tract
if
the
public
utility
demonstrates
that:
4
(a)
It
is
reasonably
expected
to
maintain
the
same
or
higher
level
of
5
service
quality
and
reliability
available
to
the
public
utility's
other
6
customers
as
would
have
been
reasonably
expected
to
exist
had
the
public
7
utility
not
served
the
new
large
load;
and
8
(b)
The
new
large
load
is
responsible
for
funding
its
full
cost
of
ser
-
9
vice,
including
its
share
of
generation,
transmission,
substation,
and
10
distribution
infrastructure
investments
that
would
not
be
placed
in
1
1
service
or
be
required
by
the
public
utility
but
for
the
new
large
load.
12
Such
investments
may
be
directly
assigned
or
allocated
in
part
as
may
be
13
determined
by
the
commission
pursuant
to
this
section.
14
(5)
A
new
large
load
shall
not
change
its
status
as
such
by
means
of
ar
-
15
tifice,
such
as
by
splitting
its
load
among
more
than
one
(1)
electric
ser
-
16
vice
entrance
or
by
adding
additional
connections,
meters,
or
new
service
17
entrances
to
serve
an
otherwise
single
entity
or
enterprise.
18
(6)
Approval
of
a
service
contract
shall
be
conditioned
on
the
new
large
19
load
furnishing
financial
security,
in
a
form
and
amount
approved
by
the
com
-
20
mission,
that
is
reasonably
sufficient
to
protect
the
public
utility
and
its
21
other
customers
from
the
risk
of
stranded
costs,
unrecoverable
costs,
or
un
-
22
recoverable
investments
incurred
by
the
public
utility
in
reliance
on
the
23
new
large
load's
contracted
power
requirement.
24
(7)(a)
In
each
general
rate
case
filed
by
a
public
utility,
the
commis
-
25
sion
shall
review
the
rates,
charges,
and
cost
recovery
mechanisms
ap
-
26
plicable
to
an
approved
service
contract
as
part
of
a
comprehensive
pub
-
27
lic
utility
cost
study
to
ensure
the
new
large
load
is
assigned
its
full
28
cost
of
service.
29
(b)
The
commission
may,
if
necessary,
prospectively
adjust
the
appli
-
30
cable
rates,
charges,
and
cost
recovery
mechanisms
pursuant
to
this
31
section.
32
(8)(a)
The
commission
shall
issue
orders
setting
forth
guidance
or
33
other
requirements
necessary
to
implement
the
provisions
of
this
sec
-
34
tion
and
to
provide
reasonable
assurance
that
new
large
loads
will
not
35
cause
the
rates
charged
to
the
public
utility's
other
customers
to
in
-
36
crease.
37
(b)
The
commission
shall
have
the
jurisdiction
to
resolve
all
disputes
38
arising
under
this
section.
39
(9)
Providing
electric
service
pursuant
to
this
section
shall
not
be
40
construed
to:
41
(a)
Be
a
grant
of
preference
or
advantage;
42
(b)
Subject
any
person
or
corporation
to
any
prejudice
or
disadvantage;
43
or
44
(c)
Establish
or
maintain
any
unreasonable
difference
in
rates,
45
charges,
or
services
in
any
respect.
46
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
47
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
48
July
1,
2026.
49