WSR 09-03-064

PREPROPOSAL STATEMENT OF INQUIRY

ENERGY FACILITY SITE

EVALUATION COUNCIL

[ Filed January 14, 2009, 2:12 p.m. ]

Subject of Possible Rule Making: This rule making proposes to amend chapter 463-62 WAC, Construction and operation standards for energy facilities. The energy facility site evaluation council (EFSEC) proposes to develop construction and operation standards that would apply some, if not all alternative energy resources as defined in RCW 80.50.020(18).

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 80.50.040.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Chapter 463-62 WAC does not address certain subjects that pertain to some alternative energy resources. For wind power projects, EFSEC has needed to develop criteria for turbine placement (setbacks from property lines, residential building, and other structures); lighting; avian monitoring, and other issues on a case-by-case basis. Other alternative energy resources such as wave and tidal, solar, and geothermal may also have particular construction and operational issues that could also be addressed by rules. Developing standards for some or all of these subjects would help alleviate the case-by-case determinations by EFSEC.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Federal Energy Regulatory Commission, the Federal Aviation Administration (wind turbine lighting); the departments of ecology, fish and wildlife, archeology and historic preservation.

Process for Developing New Rule: The proposed rule will be drafted and reviewed by a stakeholder group and internally by EFSEC staff. The public will have the opportunity to comment on the proposed rule. At least one public hearing will be held and the proposed amendments will be posted on the agency web site and provided to interested parties.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Allen Fiksdal, EFSEC, P.O. Box 43172, Olympia, WA 98504-3172, phone (360) 956-2152, fax (360) 956-2158, allenf@cted.wa.gov; or accessing the EFSEC web site http://efsec.wa.gov/rulerev.shtml.

January 14, 2009

Allen J. Fiksdal

Manager

Washington State Code Reviser's Office