BP BHEAD INT H

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 nonfederal hydroelectric dams located in the state of Washington are licensed by the federal energy regulatory commission which, under congressional authority, regulates the construction, operation, and maintenance of federally licensed hydroelectric facilities.

The legislature also finds that duplicative and conflicting regulatory authorities exercised over nonfederal hydroelectric facilities can cause interjurisdictional disputes; create regulatory compliance uncertainty for operators of federally licensed hydroelectric facilities; expose state agencies to litigation over jurisdiction questions; increase the cost of operating hydroelectric facilities; and create barriers to plans to improve the efficiency of hydroelectric facilities.

The legislature further finds that the safe and efficient operation of hydroelectric facilities is in the public interest.

NEW SECTION. Sec. 2. (1) There is created a task force to identify actual and potential regulatory conflicts affecting existing federally licensed hydroelectric facilities and to recommend ways in which such conflicts might be avoided. The task force shall:

(a) Review the federal power act and pertinent case law clarifying the scope and extent of the jurisdiction of the federal energy regulatory commission over federally licensed hydroelectric facilities;

(b) Review other federal laws regulating federally licensed hydroelectric facilities, including pertinent sections of the federal water pollution control act, review pertinent case law clarifying the scope and extent of jurisdiction of such laws over federally licensed hydroelectric facilities, and clarify the scope and extent of any state role in administering such federal programs;

(c) Identify state laws that may be construed to apply to the modification, operation, and management of federally licensed hydroelectric facilities. These state laws may include, but are not limited to, water right appropriation, in-stream flow, hydraulic permits, dam safety, shoreline management act, state environmental protection act, and coastal zone management act;

(d) Identify state laws that have been judicially held to be inoperative in their application to federally licensed hydroelectric facilities;

(e) Identify state laws and rules that, based on judicial precedent established by any state or federal court, may be construed to duplicate or conflict with the federal power act and its application to federally licensed hydroelectric facilities;

(f) Identify ways in which state laws and rules may conflict with each other as they may be construed to apply to federally licensed hydroelectric facilities;

(g) Identify ways in which state laws and rules and their administration may create barriers to efforts to increase the efficiency and productivity of federally licensed hydroelectric facilities;

(h) Identify how and to what extent it is appropriate and necessary for state laws and rules to apply to federally licensed hydroelectric facilities, without such laws and rules conflicting with the federal power act;

(i) Identify ways in which existing and potential conflicts between state and federal authorities, as they may be applied to federally licensed hydroelectric facilities, may be resolved or prevented;

(j) Identify whether the statutory and regulatory principles on which state program fees are assessed on the operators of federally licensed hydroelectric facilities are reasonable and fair, and identify how and to what extent the basis of these fees may be changed, if possible, to promote program cost-efficiency;

(k) Recommend to the legislature measures that can be undertaken to reduce, if possible, regulatory costs and to promote regulatory efficiency, predictability, and cooperation where such rules apply to federally licensed hydroelectric facilities;

(l) Recommend to the legislature how the state energy office might be structured to serve as an advocate in state government for hydroelectric development concerns, if the task force has deemed such a role to be appropriate for the state energy office; and

(m) Form technical advisory committees to advise the task force as may be necessary.

(2) The sixteen-member task force shall be composed as follows:

(a) The governor shall appoint seven members: One person representing investor-owned electric utilities, one person representing public utility districts engaged in the generation and retail sale of electricity, one person representing municipally owned electric utilities, one person representing small hydroelectric developers, two persons representing environmental organizations, and one person representing a civic organization;

(b) A member from each of the four legislative caucuses. 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;

(c) The directors, or the respective director's designee, of the department of ecology, the department of fisheries, the department of wildlife, and the state energy office to serve as nonvoting members; and

(d) One person representing the attorney general's office, as designated by the attorney general, to serve as a nonvoting member.

(3) The state energy office shall fund the task force in an amount sufficient to meet its mission and shall provide staff assistance as required. Insofar as practicable, staff assistance may be provided by other entities represented on the task force. Meetings of the task force shall be convened in Olympia.

(4) The task force shall be chaired by the member representing the state energy office.

(5) The task force shall report its findings and recommendations to the governor and legislature by January 1, 1994.

(6) Upon request, other state agencies may assist and advise the task force and any technical advisory committees created by the task force.

(7) This section shall expire June 30, 1994.