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 ACT1 RELATING TO PUBLIC UTILITIES; AMENDING CHAPTER 3, TITLE 61, IDAHO CODE, BY2 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 is7 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 purposes10 of this section:11 (a) "New large load" means any electrical load associated with a new12 service entrance, any additional electric service associated with a13 change, enlargement, or other modification of a service entrance, or14 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 consecutive17 thirty-six (36) month period; and18 (ii) Is subject to a service contract with a public utility that19 was entered into on or after July 1, 2026.20 (b) The following terms shall have the same meaning as provided for in21 section 61-332A, Idaho Code:22 (i) "Commission";23 (ii) "Consumer";24 (iii) "Electric service";25 (iv) "New service entrance";26 (v) "Public utility"; and27 (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 filing32 shall include supporting information sufficient to demonstrate compliance33 with the requirements of this section.34 (4) The commission shall review and approve or deny a new large load35 service contract within one hundred eighty (180) days of receiving such fil-36 ing by the public utility. The commission shall approve the service contract37 if the public utility demonstrates that:38 (a) It is reasonably expected to maintain the same or higher level of39 service quality and reliability available to the public utility's other40 customers as would have been reasonably expected to exist had the public41 utility not served the new large load;42

2 (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 public3 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; and6 (c) The public utility's other customers are protected against default7 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 service11 entrances to serve an otherwise single entity or enterprise.12 (6)(a) The commission shall issue orders setting forth guidance or13 other requirements necessary to implement the provisions of this sec-14 tion and to provide reasonable assurance that new large loads will not15 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 disputes18 arising under this section.19 (7) Providing electric service pursuant to this section shall not be20 construed to:21 (a) Be a grant of preference or advantage;22 (b) Subject any person or corporation to any prejudice or disadvantage;23 or24 (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 hereby27 declared to exist, this act shall be in full force and effect on and after28 July 1, 2026.29