H-1871.2 _______________________________________________
SUBSTITUTE HOUSE BILL 2131
_______________________________________________
State of Washington 57th Legislature 2001 Regular Session
By House Committee on Technology, Telecommunications & Energy (originally sponsored by Representatives Crouse, Mielke, B. Chandler, Schindler, Dunn, Ahern, Pflug, Bush, DeBolt, Anderson, Schoesler, Jarrett, Woods, Delvin, Mitchell, Talcott and Benson)
Read first time 02/26/2001. Referred to Committee on .
AN ACT Relating to the energy facility site evaluation council; amending RCW 80.50.010, 80.50.060, 80.50.020, and 80.50.030; adding new sections to chapter 80.50 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature finds that a sufficient and reliable supply of energy is critically important to the health and welfare of the citizens of the state and to the prosperity of the state and the region.
Sec. 2. RCW 80.50.010 and 1996 c 4 s 1 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 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 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.
(4) To avoid costs of complete site restoration and demolition of improvements and infrastructure at unfinished nuclear energy sites, and to use unfinished nuclear energy facilities for public uses, including economic development, under the regulatory and management control of local governments and port districts.
(5) To avoid costly duplication in the siting process and ensure that decisions are made timely and without unnecessary delay.
Sec. 3. RCW 80.50.060 and 1977 ex.s. c 371 s 5 are each amended to read as follows:
(1) The provisions of
this chapter shall apply to the construction of energy facilities which
includes the new construction of energy facilities and the reconstruction or
enlargement of existing energy facilities where the net increase in physical
capacity or dimensions resulting from such reconstruction or enlargement meets
or exceeds those capacities or dimensions set forth in RCW 80.50.020 (7) and (((17),
as now or hereafter amended)) (14). No construction of such energy
facilities may be undertaken, except as otherwise provided in this chapter,
after July 15, 1977, without first obtaining certification in the manner
provided in this chapter.
(2) An applicant for construction of a stationary thermal power plant with generating capacity of one hundred thousand kilowatts or more but less than three hundred fifty thousand kilowatts may request certification of the power plant under this chapter.
(3) The
provisions of this chapter shall not apply to normal maintenance and repairs
which do not increase the capacity or dimensions beyond those set forth in RCW
80.50.020 (7) and (((17), as now or hereafter amended)) (14).
(((3))) (4)
Applications for certification of energy facilities made prior to July 15, 1977
shall continue to be governed by the applicable provisions of law in effect on
the day immediately preceding July 15, 1977 with the exceptions of RCW
80.50.190 and 80.50.071 which shall apply to such prior applications and to
site certifications prospectively from July 15, 1977.
(((4))) (5)
Applications for certification shall be upon forms prescribed by the council
and shall be supported by such information and technical studies as the council
may require.
Sec. 4. RCW 80.50.020 and 1995 c 69 s 1 are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1)
"Applicant" means any person who makes application for a site
certification pursuant to the provisions of this chapter((;)).
(2)
"Application" means any request for approval of a particular site or
sites filed in accordance with the procedures established pursuant to this
chapter, unless the context otherwise requires((;)).
(3) "Person"
means an individual, partnership, joint venture, private or public corporation,
association, firm, public service company, political subdivision, municipal
corporation, government agency, public utility district, or any other entity,
public or private, however organized((;)).
(4) "Site"
means any proposed or approved location of an energy facility((;)).
(5)
"Certification" means a binding agreement between an applicant and
the state which shall embody compliance to the siting guidelines, in effect as
of the date of certification, which have been adopted pursuant to RCW 80.50.040
as now or hereafter amended as conditions to be met prior to or concurrent with
the construction or operation of any energy facility((;)).
(6) "Associated
facilities" means storage, transmission, handling, or other related and
supporting facilities connecting an energy plant with the existing energy
supply, processing, or distribution system, including, but not limited to,
communications, controls, mobilizing or maintenance equipment, instrumentation,
and other types of ancillary transmission equipment, off-line storage or
venting required for efficient operation or safety of the transmission system
and overhead, and surface or subsurface lines of physical access for the
inspection, maintenance, and safe operations of the transmission facility and
new transmission lines constructed to operate at nominal voltages in excess of
200,000 volts to connect a thermal power plant to the northwest power grid:
PROVIDED, That common carrier railroads or motor vehicles shall not be included((;)).
(7) "Transmission facility" means any of the following together with their associated facilities:
(a) Crude or refined petroleum or liquid petroleum product transmission pipeline of the following dimensions: A pipeline larger than six inches minimum inside diameter between valves for the transmission of these products with a total length of at least fifteen miles; or
(b) Natural gas,
synthetic fuel gas, or liquified petroleum gas transmission pipeline of the
following dimensions: A pipeline larger than fourteen inches minimum inside
diameter between valves, for the transmission of these products, with a total
length of at least fifteen miles for the purpose of delivering gas to a
distribution facility, except an interstate natural gas pipeline regulated by
the United States federal power commission((;)).
(8) "Independent
consultants" means those persons who have no financial interest in the
applicant's proposals and who are retained by the council to evaluate the
applicant's proposals, supporting studies, or to conduct additional studies((;)).
(9) "Thermal power
plant" means, for the purpose of certification, any electrical generating
facility using any fuel, including nuclear materials, for distribution of
electricity by electric utilities((;)).
(10) "Energy facility" means an energy plant or transmission facilities: PROVIDED, That the following are excluded from the provisions of this chapter:
(a) Facilities for the extraction, conversion, transmission or storage of water, other than water specifically consumed or discharged by energy production or conversion for energy purposes; and
(b) Facilities operated
by and for the armed services for military purposes or by other federal
authority for the national defense((;)).
(11)
"Council" means the energy facility site evaluation council created
by RCW 80.50.030((;)).
(12) "Counsel for
the environment" means an assistant attorney general or a special
assistant attorney general who shall represent the public in accordance with
RCW 80.50.080((;)).
(13)
"Construction" means on-site improvements, excluding exploratory
work, which cost in excess of two hundred fifty thousand dollars((;)).
(14) "Energy plant" means the following facilities together with their associated facilities:
(a) Any stationary
thermal power plant with generating capacity of ((two)) three
hundred fifty thousand kilowatts or more, measured using maximum continuous
electric generating capacity, less minimum auxiliary load, at average ambient
temperature and pressure, and floating thermal power plants of fifty thousand
kilowatts or more, including associated facilities;
(b) Facilities which will have the capacity to receive liquified natural gas in the equivalent of more than one hundred million standard cubic feet of natural gas per day, which has been transported over marine waters;
(c) Facilities which will have the capacity to receive more than an average of fifty thousand barrels per day of crude or refined petroleum or liquified petroleum gas which has been or will be transported over marine waters, except that the provisions of this chapter shall not apply to storage facilities unless occasioned by such new facility construction;
(d) Any underground reservoir for receipt and storage of natural gas as defined in RCW 80.40.010 capable of delivering an average of more than one hundred million standard cubic feet of natural gas per day; and
(e) Facilities capable
of processing more than twenty-five thousand barrels per day of petroleum into
refined products((;)).
(15) "Land use
plan" means a comprehensive plan or land use element thereof adopted by a
unit of local government pursuant to chapters 35.63, 35A.63, or 36.70 RCW((;)).
(16) "Zoning ordinance" means an ordinance of a unit of local government regulating the use of land and adopted pursuant to chapters 35.63, 35A.63, or 36.70 RCW or Article XI of the state Constitution.
Sec. 5. RCW 80.50.030 and 1996 c 186 s 108 are each amended to read as follows:
(1) There is created and established the energy facility site evaluation council.
(2)(a) The ((chairman))
chair 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. The ((chairman)) chair may designate a member of the
council to serve as acting ((chairman)) chair in the event of the
((chairman's)) chair's absence. The salary of the chair shall
be determined under RCW 43.03.040. The ((chairman)) chair is
a "state employee" for the purposes of chapter 42.52 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 43.03.250.
(b) The ((chairman))
chair or a designee shall execute all official documents, contracts, and
other materials on behalf of the council. The Washington state department of
community, trade, and economic development shall provide all administrative and
staff support for the council. The director of the department of community,
trade, and economic development 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)(a) The council shall consist of the directors, administrators, or their designees, of the following departments, agencies, commissions, and committees or their statutory successors:
(((a))) (i)
Department of ecology;
(((b))) (ii)
Department of fish and wildlife;
(((c) Department of
health;
(d) Military
department;
(e))) (iii) Department of community, trade,
and economic development;
(((f))) (iv)
Utilities and transportation commission; and
(((g))) (v)
Department of natural resources((;
(h) Department of
agriculture;
(i) Department of
transportation)).
(b) The directors, administrators, or their designees, of the following departments, agencies, and commissions, or their statutory successors, may sit with the council as a voting member when an application for a proposed site affects issues over which the department, agency, or commission has jurisdiction:
(i) Department of agriculture;
(ii) Department of health;
(iii) Military department; and
(iv) Department of transportation.
If a department under this subsection (3)(b) chooses to participate as a member of the council for a particular application, the department representative must begin participation no later than sixty days after the application is filed.
(4) 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) 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) 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. 6. A new section is added to chapter 80.50 RCW to read as follows:
(1) After the council has received a site application, council staff shall assist applicants in identifying issues presented by the application.
(2) Council staff shall review all information submitted and recommend resolutions to issues in dispute that would allow site approval.
(3) Council staff may make recommendations to the council on conditions that would allow site approval.
(4) The council shall ensure that sufficient staff are available to support thorough council review of all applications.
NEW SECTION. Sec. 7. A new section is added to chapter 80.50 RCW to read as follows:
Where the need for adequate and reasonably priced energy conflicts with the objectives of a participating agency, an agency's representative to the council shall give priority to the directives of this chapter.
NEW SECTION. Sec. 8. A new section is added to chapter 80.50 RCW to read as follows:
The governor shall undertake an evaluation of the operations of the council to assess means to enhance its efficiency. The assessment must include whether the efficiency of the siting process would be improved by conducting the process under the state environmental policy act in a particular sequence relative to the adjudicative proceeding. The results of this assessment may include recommendations for administrative changes, statutory changes, or expanded staffing levels. The governor shall implement the recommendations for enhanced efficiency of the energy facility siting process.
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