The proposed bill would amend current statutes regarding the issuance of Certificates of Environmental Compatibility (CEC) by expanding the factors considered during the evaluation process. Specifically, it would add the speculativeness of the proposed transmission line or plant as identified by the existence of known offtakers as a new factor. The term "known offtakers" would be defined to include specific buyers with legally binding, long-term contracts for a portion of the project's future output, while "speculativeness" would refer to the financial risk associated with the project's success. Additionally, if the applicant is a public service corporation or public power entity, their customers would be considered known offtakers, exempting them from the requirement to identify specific buyers. Furthermore, the bill would make several technical and conforming changes to the existing law. It would remove the previous requirement for certain conditions related to project labor agreements and would clarify that compliance with local ordinances and regulations may be waived if deemed unreasonably restrictive. The bill aims to streamline the CEC application process while ensuring that the financial viability of proposed projects is adequately assessed.

Statutes affected:
Introduced Version: 40-360.06
House Engrossed Version: 40-360.06