2285 AMS PREN S2947.3

HB 2285 - S AMD - 501

By Senator Prentice

    On page 74, beginning on line 8, after "(y)", strike everything through "(z)" on line 12, and insert "Staff employed by the department of ((community,)) trade((,)) and economic development to administer energy policy functions ((and manage energy site evaluation council activities under RCW 43.21F.045(2)(m)));

    (((bb))) (z) Staff employed by the department of community development to manage energy facility site evaluation council activities under RCW 43.21F.045(2)(m); and

(aa)"

    On page 78, after line 18, insert the following:

    "Sec. 406.  RCW 43.21F.025 and 1996 c 186 s 102 are each amended to read as follows:

    (1) "Energy" means petroleum or other liquid fuels; natural or synthetic fuel gas; solid carbonaceous fuels; fissionable nuclear material; electricity; solar radiation; geothermal resources; hydropower; organic waste products; wind; tidal activity; any other substance or process used to produce heat, light, or motion; or the savings from nongeneration technologies, including conservation or improved efficiency in the usage of any of the sources described in this subsection;

    (2) "Person" means an individual, partnership, joint venture, private or public corporation, association, firm, public service company, political subdivision, municipal corporation, government agency, public utility district, joint operating agency, or any other entity, public or private, however organized;

    (3) "Director" means the director of the department ((of community, trade, and economic development));

    (4) "Assistant director" means the assistant director of the department ((of community, trade, and economic development)) responsible for energy policy activities;

    (5) "Department" means the department of ((community,)) trade((,)) and economic development;

    (6) "Distributor" means any person, private corporation, partnership, individual proprietorship, utility, including investor-owned utilities, municipal utility, public utility district, joint operating agency, or cooperative, which engages in or is authorized to engage in the activity of generating, transmitting, or distributing energy in this state; and

     (7) "State energy strategy" means the document and energy policy direction developed under section 1, chapter 201, Laws of 1991 including any related appendices.

    Sec. 407.  RCW 43.21F.045 and 1996 c 186 s 103 are each amended to read as follows:

    (1) The department shall supervise and administer energy-related activities as specified in RCW 43.330.904 (as recodified by this act) and shall advise the governor and the legislature with respect to energy matters affecting the state.

    (2) In addition to other powers and duties granted to the department, the department shall have the following powers and duties:

    (a) Prepare and update contingency plans for implementation in the event of energy shortages or emergencies.  The plans shall conform to chapter 43.21G RCW and shall include procedures for determining when these shortages or emergencies exist, the state officers and agencies to participate in the determination, and actions to be taken by various agencies and officers of state government in order to reduce hardship and maintain the general welfare during these emergencies.  The department shall coordinate the activities undertaken pursuant to this subsection with other persons.  The components of plans that require legislation for their implementation shall be presented to the legislature in the form of proposed legislation at the earliest practicable date.  The department shall report to the governor and the legislature on probable, imminent, and existing energy shortages, and shall administer energy allocation and curtailment programs in accordance with chapter 43.21G RCW.

    (b) Establish and maintain a central repository in state government for collection of existing data on energy resources, including:

    (i) Supply, demand, costs, utilization technology, projections, and forecasts;

    (ii) Comparative costs of alternative energy sources, uses, and applications; and

    (iii) Inventory data on energy research projects in the state conducted under public and/or private auspices, and the results thereof.

    (c) Coordinate federal energy programs appropriate for state-level implementation, carry out such energy programs as are assigned to it by the governor or the legislature, and monitor federally funded local energy programs as required by federal or state regulations.

    (d) Develop energy policy recommendations for consideration by the governor and the legislature.

    (e) Provide assistance, space, and other support as may be necessary for the activities of the state's two representatives to the Pacific northwest electric power and conservation planning council.  To the extent consistent with federal law, the director shall request that Washington's council members request the administrator of the Bonneville power administration to reimburse the state for the expenses associated with the support as provided in the Pacific Northwest Electric Power Planning and Conservation Act (P.L. 96-501).

    (f) Cooperate with state agencies, other governmental units, and private interests in the prioritization and implementation of the state energy strategy elements and on other energy matters.

    (g) Serve as the official state agency responsible for coordinating implementation of the state energy strategy.

    (h) No later than December 1, 1982, and by December 1st of each even-numbered year thereafter, prepare and transmit to the governor and the appropriate committees of the legislature a report on the implementation of the state energy strategy and other important energy issues, as appropriate.

    (i) Provide support for increasing cost-effective energy conservation, including assisting in the removal of impediments to timely implementation.

    (j) Provide support for the development of cost-effective energy resources including assisting in the removal of impediments to timely construction.

    (k) Adopt rules, under chapter 34.05 RCW, necessary to carry out the powers and duties enumerated in this chapter.

    (l) Provide administrative assistance, space, and other support as may be necessary for the activities of the energy facility site evaluation council, as provided for in RCW 80.50.030.

    (m) Appoint staff as may be needed to administer energy policy functions ((and manage energy facility site evaluation council activities)).  These employees are exempt from the provisions of chapter 41.06 RCW.

    (3) To the extent the powers and duties set out under this section relate to energy education, applied research, and technology transfer programs they are transferred to Washington State University.

    (4) To the extent the powers and duties set out under this section relate to energy efficiency in public buildings they are transferred to the department of general administration."

    Renumber the remaining sections consecutively and correct any internal references accordingly.

    Beginning on page 81, line 27, strike all of section 411 and insert the following:

    "Sec. 411.  RCW 80.50.030 and 1996 c 186 s 108 are each amended to read as follows:

    (1) There is created and established the energy facility site evaluation council.

    (2)(a) The ((chairman)) chair of the council shall be appointed by the governor with the advice and consent of the senate, shall have a vote on matters before the council, shall serve for a term coextensive with the term of the governor, and is removable for cause.  The ((chairman)) chair may designate a member of the council to serve as acting ((chairman)) chair in the event of the ((chairman's)) chair's absence.  The ((chairman)) chair is a "state employee" for the purposes of chapter 42.52 RCW.  As applicable, when attending meetings of the council, members may receive reimbursement for travel expenses in accordance with RCW 43.03.050 and 43.03.060, and are eligible for compensation under RCW 43.03.250.

    (b) The ((chairman)) chair or a designee shall execute all official documents, contracts, and other materials on behalf of the council.  The ((Washington state)) department of community((, trade, and economic)) development shall provide all administrative and staff support for the council.  The director of the department of community((, trade, and economic)) development has supervisory authority over the staff of the council and shall employ such personnel as are necessary to implement this chapter.  Not more than three such employees may be exempt from chapter 41.06 RCW.

    (3) The council shall consist of the directors, administrators, or their designees, of the following departments, agencies, commissions, and committees or their statutory successors:

    (a) Department of ecology;

    (b) Department of fish and wildlife;

    (c) Department of health;

    (d) Military department;

    (e) Department of community((, trade, and economic)) development;

    (f) Utilities and transportation commission;

    (g) Department of natural resources;

    (h) Department of agriculture;

    (i) Department of trade and economic development; and

(j) Department of transportation.

    (4) The appropriate county legislative authority of every county wherein an application for a proposed site is filed shall appoint a member or designee as a voting member to the council.  The member or designee so appointed shall sit with the council only at such times as the council considers the proposed site for the county which he or she represents, and such member or designee shall serve until there has been a final acceptance or rejection of the proposed site.

    (5) The city legislative authority of every city within whose corporate limits an energy plant is proposed to be located shall appoint a member or designee as a voting member to the council.  The member or designee so appointed shall sit with the council only at such times as the council considers the proposed site for the city which he or she represents, and such member or designee shall serve until there has been a final acceptance or rejection of the proposed site.

    (6) For any port district wherein an application for a proposed port facility is filed subject to this chapter, the port district shall appoint a member or designee as a nonvoting member to the council.  The member or designee so appointed shall sit with the council only at such times as the council considers the proposed site for the port district which he or she represents, and such member or designee shall serve until there has been a final acceptance or rejection of the proposed site.  The provisions of this subsection shall not apply if the port district is the applicant, either singly or in partnership or association with any other person."

HB 2285 - S AMD - 501

By Senator Prentice

    On page 1, line 17 of the title, after "43.17.020," insert "43.21F.025, 43.21F.045,"

EFFECT:  Makes the department of community development responsible for providing administrative and staff support to the energy facility site evaluation council.  Eliminates gender-specific terms.

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