H-1341              _______________________________________________

                                                    HOUSE BILL NO. 744

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Isaacson, D. Nelson, Todd, Barnes, Sutherland and Long

Read first time 2/8/85 and referred to Committee on Energy & Utilities.

AN ACT Relating to an interstate compact on energy development and financing; and adding a new chapter to Title 43 RCW.

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

NEW SECTION. Sec. 1.     The northwest compact on energy development and financing is hereby enacted into law and entered into by the state of Washington as a party, and is in full force and effect between this state and any other party states as provided in this compact.  The compact is substantially as follows:

                   NORTHWEST INTERSTATE COMPACT ON ENERGY DEVELOPMENT AND FINANCING

 !ixARTICLE I.!SC ,2PURPOSE

          The Northwest Compact on Energy Development and Financing is established for the purpose of securing finances for energy projects and conservation measures which are in the best interest of the Pacific Northwest region.

!ixARTICLE II.!SC ,2COMMISSION MEMBERSHIP

          The governor of each party state shall select one representative of that state in accordance with the laws of the party state as the person responsible for administration of this compact.  The persons so designated shall together comprise the Northwest Energy Development and Finance Commission.  The Commission shall meet as required to consider matters arising under this compact.

!ixARTICLE III.!SC ,2POWERS OF THE COMMISSION

          The Compact Commission shall be empowered to:

          (1) Implement the provisions of the Northwest Conservation and Electric Power Plan as promulgated by the Northwest Power Planning Council pursuant to the Northwest Power Planning Act, 16 U.S.C. sec. 839 et seq.

          (2) Issue revenue bonds for the purpose of financing conservation measures and construction of energy facilities;

          (3) Enter into contracts with the United States or any of its agencies, with any state or its agencies, with Canada or its agencies or with any district or city of this state for the purpose of implementation of conservation measures or construction of energy facilities;

          (4) To borrow, accept, or contract for services of personnel from any state or the United States or any subdivision or agency thereof and to maintain such facilities as may be necessary for transacting of its business; and

          (5) To engage in such other activities as are consistent with the purposes of the compact.

!ixARTICLE IV.!SC ,2MANAGEMENT OF THE COMMISSION

          The Compact Commission shall elect annually from its members a chairman.  The Commission shall appoint an executive director.  The executive director shall appoint and remove any personnel as may be necessary for the performance of the Commission's functions.

!ixARTICLE V.!SC ,2ELIGIBLE PARTIES AND EFFECTIVE DATE

          (1) Each of the following states is eligible to become a party to this compact:  Oregon, Idaho, Montana, Washington, and Wyoming.  As to any eligible party, this compact shall become effective upon enactment into law by that party, but it shall not become initially effective until enacted into law by two states.  Any party state may withdraw from this compact by enacting a statute repealing its approval, provided that all legal and financial obligations incurred by the state withdrawing shall continue until discharged in full.

          (2) After the compact has initially taken effect pursuant to subsection (1) of this section, any eligible party state may become a party to this compact by the issuance of an executive order by the governor of this state.  Any state which becomes a party in this manner shall cease to be a party upon the final adjournment of the next general regular session of its legislature unless the Compact has by then been enacted as a statute by that state.

!ixARTICLE VI.!SC ,2SEVERABILITY

          If any provision of this Compact, or its application in any particular circumstance, is held to be invalid, all other provisions of this compact, and the application of all of its provisions to all other persons and circumstances, shall remain valid and to this end the provisions of this Compact are severable.

!ixARTICLE VII!SC ,2EFFECT OF COMPACT ON EXISTING LAW

          The statute established in this Compact and decisions made by the Compact Commission shall supersede any law of any party state which may appear to be in conflict.

NEW SECTION. Sec. 2.     Section 1 of this act shall constitute a new chapter in Title 43 RCW.