H-3894.1          _______________________________________________

 

                                  HOUSE BILL 2653

                  _______________________________________________

 

State of Washington              52nd Legislature             1992 Regular Session

 

By Representatives Haugen, Wilson, Spanel and Jones

 

Read first time 01/23/92.  Referred to Committee on Energy & Utilities.Altering the preemption and control over oil transmission lines.

     AN ACT Relating to local government regulation of oil transmission; and amending RCW 80.50.110.

 

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

 

     Sec. 1.  RCW 80.50.110 and 1975-'76 2nd ex.s. c 108 s 37 are each amended to read as follows:

     (1) If any provision of this chapter is in conflict with any other provision, limitation, or restriction which is now in effect under any other law of this state, or any rule or regulation promulgated thereunder, this chapter shall govern and control and such other law or rule or regulation promulgated thereunder shall be deemed superseded for the purposes of this chapter.

     (2) The state hereby preempts the regulation and certification of the location, construction, and operational conditions of certification of the energy facilities included under RCW 80.50.060 as now or hereafter amended.

     (3) RCW 36.70A.103 in part reverses the preemption and supersession of local planning and regulatory control over energy plants that is included in subsection (1) of this section by requiring state agencies to comply with the new comprehensive plans and development regulations that are adopted in accordance with chapter 36.70A RCW by a county, city, or town that is required or chooses to plan under RCW 36.70A.040.  This reversal of authority was provided after carefully balancing the interests of the state and local governments.

     In further recognition of this reversal of authority, the remaining preemption and supersession of county, city, and town planning and regulatory authority that exists under subsection (1) of this section is eliminated for purposes of the siting and regulating oil transmission lines in a county, city, or town that is required or chooses to plan under RCW 36.70A.040.