1995-S

AN ACT Relating to the creation of a task force to identify and resolve regulatory conflicts affecting federally licensed hydroelectric facilities; and creating new sections.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that a majority of the hydroelectric dams located in the state of Washington which are not owned by the federal government are licensed by the federal energy regulatory commission and that the commission regulates the construction, operation, and maintenance of these hydroelectric facilities.

The legislature also finds that the combination of state and federal statutes governing environmental protection, natural resources, and energy facilities may: Cause conflicting or duplicative regulatory programs affecting federally licensed hydroelectric facilities; create uncertainty for operators of federally licensed hydroelectric facilities; increase the potential for litigation to resolve disputes over regulatory authority; increase the cost of operating hydroelectric facilities; and create barriers to plans to improve the efficiency of hydroelectric facilities.

The legislature also finds that the development of a consensus between the hydroelectric development community and the state about the appropriate role for the state in hydroelectric facility licensing, operation, and maintenance will create more efficient use of state and private financial resources and provide greater assurance that the goals of the Northwest power planning council for hydroelectric generation can be met.

NEW SECTION. Sec. 2. (1) There is created a task force to study issues related to state and federal laws affecting hydropower facilities. The task force shall:

(a) Review federal and state laws, rules, and regulations and judicial decisions concerning the scope and extent of state and federal authority over federally licensed hydroelectric facilities;

(b) Identify statutory and regulatory impediments to efforts to increase the efficiency and productivity of federally licensed hydroelectric facilities;

(c) Recommend to state agencies measures which they should consider to reduce regulatory costs and promote regulatory efficiency, predictability, and cooperation in the regulation of federally licensed hydroelectric facilities; and

(d) Recommend to the legislature measures which it should enact to reduce regulatory costs and promote regulatory efficiency, predictability, and cooperation in the regulation of federally licensed hydroelectric facilities.

(2) The task force shall be composed of seven members as follows:

(a) Three members shall be appointed by the governor: One person representing an owner of a federally licensed hydroelectric facility located in this state; one person representing the governor's office, and one person representing the public at-large. The public representative shall not be an employee or agent of, or otherwise have a connection with an entity that distributes electricity, other than as a consumer. The governor shall select one of these members to serve as chair of the task force; and

(b) Two members each from the senate and the house of representatives; one each from the two largest caucuses in each house. The president of the senate shall appoint the two senate members and the speaker of the house of representatives shall appoint the two house members. At least one member from each house shall also be a member of the energy and utilities committee of that house.

(3) Members of the task force appointed by the governor shall be reimbursed for their expenses as provided in RCW 43.03.050 and 43.03.060. Reimbursement of the expenses of members appointed by the governor shall be paid from funds provided by public and private entities under subsection (4)(b) of this section. Legislative members of the task force shall be reimbursed for their expenses as provided in RCW 44.04.120.

(4) The state energy office shall provide staff assistance to the task force subject to the following limitations:

(a) The energy office may accept financial and other assistance from public and private entities to pay the costs it incurs in assisting the task force.

(b) The task force shall not convene until the energy office has received at least forty thousand dollars in financial assistance from public and private entities to pay the costs of conducting the study required by this section.

(5) The task force shall complete its study and submit a report to the governor and the appropriate standing committees of the legislature not later than twelve months after it holds its first meeting.

(6) This section shall expire June 30, 1994. Any unexpended funds provided by public or private entities remaining with the energy office on June 30, 1994, shall be returned, in pro rata shares, to all entities who have contributed towards the study required by this section.