BP BHEAD INT S [atlas:bill]

AN ACT Relating to the restoration and redevelopment of unfinished nuclear power project sites for purposes of economic development, providing for sufficient water supply for restoration and redevelopment of such sites; and amending RCW 80.50.300.

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

Sec. 1. RCW 80.50.300 and 1996 c 4 s 2 are each amended to read as follows:

(1) This section applies only to unfinished nuclear power projects ((~~that are not located on federal property~~)). If a certificate holder stops construction of a nuclear energy facility before completion, terminates the project or otherwise resolves not to complete construction, never introduces or stores fuel for the energy facility on the site, and never operates the energy facility as designed to produce energy, the certificate holder may contract, establish interlocal agreements, or use other formal means to effect the transfer of site restoration responsibilities, which may include economic development activities, to any political subdivision or subdivisions of the state composed of elected officials. The contracts, interlocal agreements, or other formal means of cooperation may include, but are not limited to provisions effecting the transfer or conveyance of interests in the site and energy facilities from the certificate holder to other political subdivisions of the state, including costs of maintenance and security, capital improvements, and demolition and salvage of the unused energy facilities and infrastructure.

(2) If a certificate holder transfers all or a portion of the site to a political subdivision or subdivisions of the state composed of elected officials and located in the same county as the site, the council shall amend the site certification agreement to release those portions of the site that are transferred pursuant to this section. For all or a portion of sites that have been transferred to a political subdivision or subdivisions after September 1, 1999, the following conditions also apply:

(a) The department of ecology shall reinstate any authorization under the site certification agreement for the use of water as a municipal permit in good standing and bearing the same date as the issuance of the site certification agreement for an amount of water up to fifteen cubic feet per second as requested by, and for use by, the political subdivision or subdivisions receiving a transfer of all or a portion of the site. The certificate holder shall assign such permit to the political subdivision or subdivisions receiving transfer of all or a portion of the site;

(b) The political subdivision or subdivisions of the state receiving transfer of all or a portion of the site shall comply with applicable provisions of chapter 36.70A RCW; and

(c) The political subdivision or subdivisions receiving a transfer of all or a portion of the site shall comply with the department of ecology and the department of health's conservation and demand projection guidelines, and shall consider such measures as source and customer metering, meter testing and repair, and leak detection and repair, as well as additional data collection as part of its water conservation program, and shall implement such measures where reasonably practicable.

Immediately upon release of all or a portion of the site pursuant to this section, all responsibilities for maintaining the public welfare for portions of the site transferred, including but not limited to health and safety, are transferred to the political subdivision or subdivisions of the state. However, for all or a portion of sites that have been transferred to a political subdivision or subdivisions after September 1, 1999, the department of ecology shall regulate the reinstated water permit according to applicable law.

(3) The legislature finds that for all or a portion of sites that have been transferred to a political subdivision or subdivisions prior to September 1, 1999, ensuring water for site restoration including economic development, completed pursuant to this section can best be accomplished by a transfer of existing surface water rights, and that such a transfer is best accomplished administratively through procedures set forth in existing statutes and rules. However, if a transfer of water rights is not possible, the department of ecology shall, within six months of the transfer of the site or portion thereof pursuant to subsection (1) of this section, create a trust water right under chapter 90.42 RCW containing between ten and twenty cubic feet per second for the benefit of the appropriate political subdivision or subdivisions of the state. The trust water right shall be used in fulfilling site restoration responsibilities, including economic development. The trust water right shall be from existing valid water rights within the basin where the site is located.