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 SENATE
SENATE BILL NO. 1368
BY STATE AFFAIRS 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:	11
(a) "New large load" means any electrical load associated with a new	12
service entrance, any additional electric service associated with a	13
change, enlargement, or other modification of a service entrance, or	14
the utilization of an existing service entrance that:	15
(i) Results in an increase in power requirements of such ser-	16
vice entrance of thirty (30) megawatts or more in any consecutive	17
thirty-six (36) month period; and	18
(ii) Is subject to a service contract with a public utility that	19
was entered into on or after July 1, 2026.	20
(b) The following terms shall have the same meaning as provided for in	21
section 61-332A, Idaho Code:	22
(i) "Commission";	23
(ii) "Consumer";	24
(iii) "Electric service";	25
(iv) "New service entrance";	26
(v) "Public utility"; and	27
(vi) "Service entrance."	28
(2) A public utility shall only provide service to a new large load pur-	29
suant to a commission-approved service contract.	30
(3) A public utility shall file the service contract with the commis-	31
sion for approval prior to providing service to a new large load. Such filing	32
shall include supporting information sufficient to demonstrate compliance	33
with the requirements of this section.	34
(4) The commission shall review and approve or deny a new large load	35
service contract within one hundred eighty (180) days of receiving such fil-	36
ing by the public utility. The commission shall approve the service contract	37
if the public utility demonstrates that:	38
(a) It is reasonably expected to maintain the same or higher level of	39
service quality and reliability available to the public utility's other	40
customers as would have been reasonably expected to exist had the public	41
utility not served the new large load;	42

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(b) The new large load is responsible for funding its share of gener-	1
ation, transmission, substation, and distribution infrastructure in-	2
vestments that would not be placed in service or required by the public	3
utility but for the new large load. Such investments may be directly as-	4
signed or allocated in part as may be determined by the commission pur-	5
suant to this section; and	6
(c) The public utility's other customers are protected against default	7
by the new large load customer.	8
(5) A new large load shall not change its status as such by means of ar-	9
tifice, such as by splitting its load among more than one (1) electric ser-	10
vice entrance or by adding additional connections, meters, or new service	11
entrances to serve an otherwise single entity or enterprise.	12
(6)(a) The commission shall issue orders setting forth guidance or	13
other requirements necessary to implement the provisions of this sec-	14
tion and to provide reasonable assurance that new large loads will not	15
cause the rates charged to the public utility's other customers to in-	16
crease.	17
(b) The commission shall have the jurisdiction to resolve all disputes	18
arising under this section.	19
(7) Providing electric service pursuant to this section shall not be	20
construed to:	21
(a) Be a grant of preference or advantage;	22
(b) Subject any person or corporation to any prejudice or disadvantage;	23
or	24
(c) Establish or maintain any unreasonable difference in rates,	25
charges, or services in any respect.	26
SECTION 2. An emergency existing therefor, which emergency is hereby	27
declared to exist, this act shall be in full force and effect on and after	28
July 1, 2026.	29

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