S-4541.1 _______________________________________________
SUBSTITUTE SENATE BILL 6505
_______________________________________________
State of Washington 56th Legislature 2000 Regular Session
By Senate Committee on Energy, Technology & Telecommunications (originally sponsored by Senators Hale, Loveland, Honeyford and Snyder)
Read first time 02/04/2000.
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. For the purposes of this section,
"political subdivisions" includes cities, counties, port districts,
and public utility districts. 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)) it finds are no longer intended
for the development of an energy facility.
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.
--- END ---