H-3439.1  _______________________________________________

                          HOUSE BILL 2609

          _______________________________________________

State of Washington      53rd Legislature     1994 Regular Session

By Representatives Valle, Long, Bray, Kessler, Quall and Shin

Read first time 01/19/94.  Referred to Committee on Energy & Utilities.

Changing energy facility siting provisions.

    AN ACT Relating to the siting of energy facilities; amending RCW 80.50.010 and 80.50.030; adding a new section to chapter 36.70A RCW; and providing an effective date.

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

    Sec. 1.  RCW 80.50.010 and 1975-'76 2nd ex.s. c 108 s 29 are each amended to read as follows:

    The legislature finds that the present and predicted growth in energy demands in the state of Washington requires the development of a procedure for the selection and utilization of sites for energy facilities and the identification of a state position with respect to each proposed site.  The legislature recognizes that the selection of sites will have a significant impact upon the welfare of the population, the location and growth of industry and the use of the natural resources of the state.

    It is the policy of the state of Washington to recognize the ((pressing)) need for ((increased)) energy facilities, and to ensure through available and reasonable methods, that the location and operation of ((such)) energy facilities will produce minimal adverse effects on the environment, ecology of the land and its wildlife, and the ecology of state waters and their aquatic life.

    It is the intent to seek courses of action that will balance the ((increasing)) demands for energy facility location and operation in conjunction with the broad interests of the public.  Such action will be based on these premises:

    (1) To assure Washington state citizens that, where applicable, operational safeguards are at least as stringent as the criteria established by the federal government and are technically sufficient for their welfare and protection.

    (2) To preserve and protect the quality of the environment; to enhance the public's opportunity to enjoy the ((esthetic)) aesthetic and recreational benefits of the air, water and land resources; to promote air cleanliness; and to pursue beneficial changes in the environment.

    (3) To provide ((abundant)) energy at reasonable cost.

    Sec. 2.  RCW 80.50.030 and 1990 c 12 s 3 are each amended to read as follows:

    (1) There is created and established the energy facility site evaluation council.  The council shall have ten voting members:  Three members representing the public and seven members representing state agencies.

    (2)(a) The chairman of the council shall be appointed by the governor ((with the advice and consent of the senate, shall have a vote on matters before the council, shall serve for a term coextensive with the term of the governor, and is removable for cause)) from the public members.  The chairman may designate a member of the council to serve as acting chairman in the event of the chairman's absence.  The chairman is a "state employee" for the purposes of chapter 42.18 RCW.  As applicable, when attending meetings of the council(([,])), members may receive reimbursement for travel expenses in accordance with RCW 43.03.050 and 43.03.060, and are eligible for compensation under RCW 43.03.240.

    (b) The chairman or a designee shall execute all official documents, contracts, and other materials on behalf of the council.  The Washington state energy office shall provide all administrative and staff support for the council.  The director of the energy office has supervisory authority over the staff of the council and shall employ such personnel as are necessary to implement this chapter.  Not more than three such employees may be exempt from chapter 41.06 RCW.

    (3) The members of the council representing the public shall be appointed by the governor with the advice and consent of the senate for four-year terms.  One public member shall represent the environmental community and one public member shall represent developers or operators of energy facilities.  The initial terms of the public members shall be staggered so that only one public member's term shall expire in any given year.  In the event of a vacancy in a position held by a public member, the governor shall appoint another person to complete the remainder of that person's term.

(4) The members of the council representing state agencies shall consist of the directors, administrators, or their designees, of the following ((departments,)) state agencies((, commissions, and committees or their statutory successors)):

    (a) Department of ecology;

    (b) Department of ((fisheries;

    (c) Department of)) fish and wildlife;

    (((d) Parks and recreation commission;

    (e))) (c) Department of health;

    (((f))) (d) State energy office;

    (((g))) (e) Department of community, trade, and economic development;

    (((h))) (f) Utilities and transportation commission;

    (((i))) (g) Office of financial management((;

    (j) Department of natural resources;

    (k) Department of community development;

    (l) Department of agriculture;

    (m) Department of transportation)).

    (((4))) (5) The appropriate county legislative authority of every county wherein an application for a proposed site is filed shall appoint a member or designee as a voting member to the council.  The member or designee so appointed shall sit with the council only at such times as the council considers the proposed site for the county which he or she represents, and such member or designee shall serve until there has been a final acceptance or rejection of the proposed site;

    (((5))) (6) The city legislative authority of every city within whose corporate limits an energy plant is proposed to be located shall appoint a member or designee as a voting member to the council.  The member or designee so appointed shall sit with the council only at such times as the council considers the proposed site for the city which he or she represents, and such member or designee shall serve until there has been a final acceptance or rejection of the proposed site.

    (((6))) (7) For any port district wherein an application for a proposed port facility is filed subject to this chapter, the port district shall appoint a member or designee as a nonvoting member to the council.  The member or designee so appointed shall sit with the council only at such times as the council considers the proposed site for the port district which he or she represents, and such member or designee shall serve until there has been a final acceptance or rejection of the proposed site.  The provisions of this subsection shall not apply if the port district is the applicant, either singly or in partnership or association with any other person.

NEW SECTION. Sec. 3.  A new section is added to chapter 36.70A RCW to read as follows:

    Beginning July 1, 1996, the comprehensive plan of each county and city that is planning under this chapter shall include a process for the siting of energy facilities, including, but not limited to, electrical transmission lines, pipelines, and electrical generating facilities.  The department of community, trade, and economic development and the Washington state energy office shall develop a model process and provide technical assistance to counties and cities in developing a siting process for energy facilities.

NEW SECTION. Sec. 4.  If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 5.  This act shall take effect July 1, 1994.

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