AN
ACT Relating to the restoration and redevelopment of an unfinished nuclear
energy facility; amending RCW 80.50.010; adding new sections to chapter 80.50
RCW; adding a new section to chapter 43.21C RCW; and declaring an emergency.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
80.50.010 and 1975-'76 2nd ex.s. c 108 s 29 are each amended to read as
follows:
The
legislature finds that the present and predicted growth in energy demands in
the state of Washington requires the development of a procedure for the
selection and utilization of sites for energy facilities and the identification
of a state position with respect to each proposed site. The legislature
recognizes that the selection of sites will have a significant impact upon the
welfare of the population, the location and growth of industry and the use of
the natural resources of the state.
It
is the policy of the state of Washington to recognize the pressing need for
increased energy facilities, and to ensure through available and reasonable
methods, that the location and operation of such facilities will produce
minimal adverse effects on the environment, ecology of the land and its
wildlife, and the ecology of state waters and their aquatic life.
It
is the intent to seek courses of action that will balance the increasing
demands for energy facility location and operation in conjunction with the
broad interests of the public. Such action will be based on these premises:
(1)
To assure Washington state citizens that, where applicable, operational
safeguards are at least as stringent as the criteria established by the federal
government and are technically sufficient for their welfare and protection.
(2)
To preserve and protect the quality of the environment; to enhance the public's
opportunity to enjoy the esthetic and recreational benefits of the air, water
and land resources; to promote air cleanliness; and to pursue beneficial
changes in the environment.
(3)
To provide abundant energy at reasonable cost.
(4)
To avoid costs of complete site restoration and demolition of improvements and
infrastructure at unfinished nuclear energy sites, and to use unfinished
nuclear energy facilities for public uses, including economic development,
under the regulatory and management control of local governments and port
districts.
NEW
SECTION. Sec. 2. A
new section is added to chapter 80.50 RCW 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. Immediately upon release of all or a
portion of the site pursuant to this section, all responsibilities for
maintaining the public welfare, including but not limited to health and safety,
are transferred to the political subdivision or subdivisions of the state.
(3)
The legislature finds that 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.
NEW
SECTION. Sec. 3. A
new section is added to chapter 80.50 RCW to read as follows:
Council
actions pursuant to the transfer of the site or portions of the site under
section 2 of this act are exempt from the provisions of chapter 43.21C RCW.
NEW
SECTION. Sec. 4. A
new section is added to chapter 43.21C RCW to read as follows:
Council
actions pursuant to the transfer of the site or portions of the site under
section 2 of this act are exempt from the provisions of this chapter.
NEW
SECTION. Sec. 5. If
any provision of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the provision to
other persons or circumstances is not affected.
NEW SECTION. Sec. 6. This
act is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public
institutions, and shall take effect immediately.
