H-4511.2 _______________________________________________
SUBSTITUTE HOUSE BILL 2644
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State of Washington 56th Legislature 2000 Regular Session
By House Committee on Agriculture & Ecology (originally sponsored by Representatives Delvin, Grant, Hankins, Linville and G. Chandler)
Read first time 02/03/2000. Referred to Committee on .
AN ACT Relating to the restoration and redevelopment of unfinished nuclear power project sites for purposes of economic development, providing for sufficient water supply for restoration and redevelopment of such sites; and amending RCW 80.50.300.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 80.50.300 and 1996 c 4 s 2 are each amended 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)) that it finds are no longer intended for the
development of an energy facility. For all or a portion of sites that
have been transferred to a political subdivision or subdivisions of the state
after September 1, 1999, the political subdivision or subdivisions of the state
receiving transfer of all or a portion of the site shall comply with applicable
provisions of chapter 36.70A RCW.
Immediately upon release of all or a portion of the site pursuant to this section, all responsibilities for maintaining the public welfare for portions of the site transferred, including but not limited to health and safety, are transferred to the political subdivision or subdivisions of the state.
(3) The legislature finds that for all or a portion of sites that have been transferred to a political subdivision or subdivisions of the state prior to September 1, 1999, 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.
(4) For purposes of this section, "political subdivision or subdivisions of the state" means a city, town, county, public utility district, port district, or joint operating agency.
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