WSR 06-13-030

PREPROPOSAL STATEMENT OF INQUIRY

ENERGY FACILITY SITE

EVALUATION COUNCIL

[ Filed June 14, 2006, 10:05 a.m. ]

Subject of Possible Rule Making: Within Title 463 WAC; adopt new rules in accordance with chapter 80.70 RCW; adopt and revise rules to implement recent changes to chapter 80.50 RCW; and adopt, revise, or repeal rules to enhance the siting of new energy facilities and regulation of permitted facilities. The subjects under consideration will include but not necessarily be limited to: (1) Expedited processing, (2) timing of environmental review and land use determinations, (3) preemption, (4) carbon dioxide mitigation, (5) amendments and termination of site certification agreements, (6) potential site studies, (7) use of consultants, and (8) fees and allocation of costs.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 80.50.040(1) and 80.70.070.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Governor's executive order on regulatory reform, ongoing review of siting procedures, recent legislation, and acquisition of funding to implement chapter 80.70 RCW. The adoption of new rules, revisions of existing rules, and repeal of some rules will provide better guidance, clarify the energy facility site evaluation council's (EFSEC) processes, and implement new legislation. All of this will help streamline the EFSEC's siting and regulatory process.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The department of ecology and the department of fish and wildlife may regulate one or more of the subjects listed above. These agencies have membership on EFSEC. These agencies as well as other state agencies such as the department of natural resources, health, transportation, community trade and economic development, and the utilities and transportation commission will automatically be notified of the rule making.

Process for Developing New Rule: EFSEC will first develop proposals for new and revised rules and identify rules to repeal. These proposals will be discussed at one or more of its monthly meetings to elicit council member and public comments. Based on comments regarding the proposals, EFSEC will develop proposed draft rules and issue a CR-102 with the rules it intends to adopt and repeal. At least one public hearing will be held on the proposed rules contained in the CR-102. EFSEC will consider all the public comments and issue a CR-103 adopting the final rules. Based on level of interest on a specific subject, EFSEC may choose to issue a separate CR-102 for proposed rule(s) that pertain to one or more of the specific subjects listed above. If there is a low level of concern or interest in one or more of the proposed rules, EFSEC may adopt a specific rule at an earlier date than those that elicit more comment and controversy.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. EFSEC has developed a list of persons interested in the council's rule making and all persons on that list will receive notices and information regarding this notice. Any person wanting to be put on the rule-making list should call (360) 956-2121 or e-mail EFSEC at efsec@cted.wa.gov and request to be placed on the rule-making list. Persons on this list will be notified of the comment periods and public meetings associated with this rule-making process. Specific questions may be directed to Allen Fiksdal, EFSEC Manager, P.O. Box 43172, Olympia, WA 98504-3172, phone (360) 956-2152, e-mail allenf@cted.wa.gov.

June 14, 2006

Allen J. Fiksdal

EFSEC Manager

Washington State Code Reviser's Office