6475-S AMH EN H4992.1
SSB 6475 - H COMM AMD
By Committee on Energy & Utilities
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 43.21A.064 and 1977 c 75 s 46 are each amended to read as follows:
The director of the department of ecology shall have the following powers and duties:
(1) The supervision of public waters within the state and their appropriation, diversion, and use, and of the various officers connected therewith;
(2)(a) Except as otherwise provided in (b) of this subsection, insofar as may be necessary to assure safety to life or property, ((he)) the director shall inspect the construction of all dams, canals, ditches, irrigation systems, hydraulic power plants, and all other works, systems, and plants pertaining to the use of water, and ((he)) the director may require such necessary changes in the construction or maintenance of said works, to be made from time to time, as will reasonably secure safety to life and property.
(b) The provisions of (a) of this subsection do not apply to any dam, hydraulic power plant, reservoir, project, or other work, system, or plant licensed under the federal power act, except that the department:
(i) May review or comment on reports, plans, or specifications that are submitted to the federal energy regulatory commission or its successor;
(ii) May inspect dams or controlling works that, pursuant to agreement between the department and the federal energy regulatory commission, are subject to inspection by the department; and
(iii) May inspect dams or controlling works for which the department, based upon information filed with the federal energy regulatory commission or communicated or known to the department, has reasonable cause to believe that a condition may exist at the dam or work which has not been reported to or evaluated by the commission and that, if not remedied, will result in the loss of life or substantial damage to property.
(c) The department shall report to the commission and the licensee any recommendations for remedial actions resulting from inspections the department conducts pursuant to (b) of this subsection. Unless the commission has delegated authority over the dam or controlling work to the department, the department shall not order a licensee to undertake any remedial actions as a result of an inspection conducted by the department;
(3) ((He)) The director shall regulate and control the diversion of water in accordance with the rights thereto;
(4) ((He)) The director shall determine the discharge of streams and springs and other sources of water supply, and the capacities of lakes and of reservoirs whose waters are being or may be utilized for beneficial purposes;
(5) ((He)) The director shall keep such records as may be necessary for the recording of the financial transactions and statistical data thereof, and shall procure all necessary documents, forms, and blanks. ((He)) The director shall keep a seal of the office, and all certificates by ((him)) the director covering any of his or her acts or the acts of his or her office, or the records and files of his or her office, under such seal, shall be taken as evidence thereof in all courts;
(6) ((He)) The director shall render when required by the governor, a full written report of the work of his or her office with such recommendations for legislation as he or she may deem advisable for the better control and development of the water resources of the state;
(7) The director and duly authorized deputies may administer oaths;
(8) ((He)) The director shall establish and ((promulgate)) adopt rules governing the administration of chapter 90.03 RCW;
(9) ((He)) The director shall perform such other duties as may be prescribed by law."
"Sec. 2. RCW 86.16.035 and 1987 c 523 s 9 and 1987 c 109 s 53 are each reenacted and amended to read as follows:
The department of ecology shall have supervision and control over all dams and obstructions in streams((, and)) to the same extent as provided in RCW 43.21A.064(2). The department may make reasonable regulations with respect thereto concerning the flow of water which ((he)) the department deems necessary for the protection to life and property below such works from flood waters."
"Sec. 3. RCW 90.03.350 and 1987 c 109 s 91 are each amended to read as follows:
(1) Except as provided in subsection (2) of this section, any person, corporation or association intending to construct or modify any dam or controlling works for the storage of ten acre feet or more of water, shall before beginning said construction or modification, submit plans and specifications of the same to the department for examination and approval as to its safety. Such plans and specifications shall be submitted in duplicate, one copy of which shall be retained as a public record, by the department, and the other returned with its approval or rejection endorsed thereon. No such dam or controlling works shall be constructed or modified until the same or any modification thereof shall have been approved as to its safety by the department. Any such dam or controlling works constructed or modified in any manner other than in accordance with plans and specifications approved by the department or which shall not be maintained in accordance with the order of the department shall be presumed to be a public nuisance and may be abated in the manner provided by law, and it shall be the duty of the attorney general or prosecuting attorney of the county wherein such dam or controlling works, or the major portion thereof, is situated to institute abatement proceedings against the owner or owners of such dam or controlling works, whenever ((he)) the director is requested to do so by the department. If the department determines that a dam or controlling work poses a high and significant hazard to life and property, it shall inspect the dam or controlling work at least once every two years.
(2) The provisions of subsection (1) of this section do not apply to any dam, hydraulic power plant, reservoir, project, or other work, system, or plant licensed under the federal power act, except that the department:
(a) May review or comment on reports, plans, or specifications that are submitted to the federal energy regulatory commission or its successor;
(b) May inspect dams or controlling works that, pursuant to agreement between the department and the federal energy regulatory commission, are subject to inspection by the department; and
(c) May inspect dams or controlling works for which the department, based upon information filed with the federal energy regulatory commission or communicated or known to the department, has reasonable cause to believe that a condition may exist at the dam or work which has not been reported to or evaluated by the commission and that, if not remedied, will result in the loss of life or substantial damage to property.
(3) The department shall report to the commission and the licensee any recommendations for remedial actions resulting from inspections the department conducts pursuant to subsection (2) of this section. Unless the commission has delegated authority over the dam or controlling work to the department, the department shall not order a licensee to undertake any remedial actions as a result of an inspection conducted by the department.
(4) Upon request of the owner or operator of a dam, reservoir, project, or other controlling work storing less than ten acre feet of water, the department shall inspect the construction or modification of the dam, reservoir, project, or controlling work."
SSB 6475 - H COMM AMD
By Committee on Energy & Utilities
On page 1, line 1 of the title, after "resources;" strike the remainder of the title and insert "amending RCW 43.21A.064 and 90.03.350; and reenacting and amending RCW 86.16.035."