The proposed bill, if enacted, would amend current statutes regarding the construction and replacement of electrical generating plants by utilities. Under the existing law, as stated in A. Except as provided in subsection , utilities must file an application for a certificate of environmental compatibility before constructing a plant or transmission line. The bill introduces C. A utility may replace an existing plant with a replacement plant or construct a new plant immediately adjacent to an existing plant without filing for or receiving a new certificate of environmental compatibility for the new or replacement plant if all of the following conditions are met: This new provision allows for more streamlined processes under specific conditions. The bill outlines three conditions that must be met for a utility to bypass the certificate requirement: 1. The utility provides to the commission thirty days' written notice and holds at least one public comment session in the county where the existing plant is located. 2. The new or replacement plant is located on or immediately adjacent to the site of a plant that has previously received a certificate of environmental compatibility pursuant to this article or that was in use or authorized before August 13, 1971. 3. The aggregate nameplate rating of all plants that will be located on and immediately adjacent to the site after construction will be equal to or greater than the aggregate nameplate rating of all existing plants located on and immediately adjacent to the site before construction. These changes aim to facilitate the replacement and construction of plants while ensuring environmental considerations are still addressed.

Statutes affected:
Introduced Version: 40-360.03
House Engrossed Version: 40-360.03