H‑0251.1   _____________________________________________

HOUSE BILL 1382

           _____________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Representatives Cooper, Dunshee, McIntire, Simpson, Conway, Kenney and Reardon

Read first time 01/24/2001.  Referred to Committee on Technology, Telecommunications & Energy.

_1      AN ACT Relating to energy facilities subject to the energy

_2  facility site evaluation council; and amending RCW 80.50.020.

_3  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_4      Sec. 1.  RCW 80.50.020 and 1995 c 69 s 1 are each amended to read

_5  as follows:

_6      (1) "Applicant" means any person who makes application for a

_7  site certification pursuant to the provisions of this chapter;

_8      (2) "Application" means any request for approval of a

_9  particular site or sites filed in accordance with the procedures

10  established pursuant to this chapter, unless the context otherwise

11  requires;

12      (3) "Person" means an individual, partnership, joint venture,

13  private or public corporation, association, firm, public service

14  company, political subdivision, municipal corporation, government

15  agency, public utility district, or any other entity, public or

16  private, however organized;

17      (4) "Site" means any proposed or approved location of an energy

18  facility;

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_1      (5) "Certification" means a binding agreement between an

_2  applicant and the state which shall embody compliance to the

_3  siting guidelines, in effect as of the date of certification,

_4  which have been adopted pursuant to RCW 80.50.040 as now or

_5  hereafter amended as conditions to be met prior to or concurrent

_6  with the construction or operation of any energy facility;

_7      (6) "Associated facilities" means storage, transmission,

_8  handling, or other related and supporting facilities connecting an

_9  energy plant with the existing energy supply, processing, or

10  distribution system, including, but not limited to,

11  communications, controls, mobilizing or maintenance equipment,

12  instrumentation, and other types of ancillary transmission

13  equipment, off-line storage or venting required for efficient

14  operation or safety of the transmission system and overhead, and

15  surface or subsurface lines of physical access for the inspection,

16  maintenance, and safe operations of the transmission facility and

17  new transmission lines constructed to operate at nominal voltages

18  in excess of 200,000 volts to connect a thermal power plant to the

19  northwest power grid:  PROVIDED, That common carrier railroads or

20  motor vehicles shall not be included;

21      (7) "Transmission facility" means any of the following together

22  with their associated facilities:

23      (a) Crude or refined petroleum or liquid petroleum product

24  transmission pipeline of the following dimensions:  A pipeline

25  larger than six inches minimum inside diameter between valves for

26  the transmission of these products with a total length of at least

27  fifteen miles;

28      (b) Natural gas, synthetic fuel gas, or liquified petroleum gas

29  transmission pipeline of the following dimensions:  A pipeline

30  larger than fourteen inches minimum inside diameter between

31  valves, for the transmission of these products, with a total

32  length of at least fifteen miles for the purpose of delivering gas

33  to a distribution facility, except an interstate natural gas

34  pipeline regulated by the United States federal power commission;

35      (8) "Independent consultants" means those persons who have no

36  financial interest in the applicant's proposals and who are

37  retained by the council to evaluate the applicant's proposals,

38  supporting studies, or to conduct additional studies;

HB 1382                        p. 2

_1      (9) "Thermal power plant" means, for the purpose of

_2  certification, any electrical generating facility using any fuel,

_3  including nuclear materials, for distribution of electricity by

_4  electric utilities;

_5      (10) "Energy facility" means an energy plant or transmission

_6  facilities:  PROVIDED, That the following are excluded from the

_7  provisions of this chapter:

_8      (a) Facilities for the extraction, conversion, transmission or

_9  storage of water, other than water specifically consumed or

10  discharged by energy production or conversion for energy purposes;

11  and

12      (b) Facilities operated by and for the armed services for

13  military purposes or by other federal authority for the national

14  defense;

15      (11) "Council" means the energy facility site evaluation

16  council created by RCW 80.50.030;

17      (12) "Counsel for the environment" means an assistant attorney

18  general or a special assistant attorney general who shall

19  represent the public in accordance with RCW 80.50.080;

20      (13) "Construction" means on-site improvements, excluding

21  exploratory work, which cost in excess of two hundred fifty

22  thousand dollars;

23      (14) "Energy plant" means the following facilities together

24  with their associated facilities:

25      (a) Any stationary thermal power plant with generating capacity

26  of ((two hundred fifty)) one hundred thousand kilowatts or more,

27  measured using maximum continuous electric generating capacity,

28  less minimum auxiliary load, at average ambient temperature and

29  pressure, and floating thermal power plants of fifty thousand

30  kilowatts or more, including associated facilities;

31      (b) Facilities which will have the capacity to receive

32  liquified natural gas in the equivalent of more than one hundred

33  million standard cubic feet of natural gas per day, which has been

34  transported over marine waters;

35      (c) Facilities which will have the capacity to receive more

36  than an average of fifty thousand barrels per day of crude or

37  refined petroleum or liquified petroleum gas which has been or

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_1  will be transported over marine waters, except that the provisions

_2  of this chapter shall not apply to storage facilities unless

_3  occasioned by such new facility construction;

_4      (d) Any underground reservoir for receipt and storage of

_5  natural gas as defined in RCW 80.40.010 capable of delivering an

_6  average of more than one hundred million standard cubic feet of

_7  natural gas per day; and

_8      (e) Facilities capable of processing more than twenty-five

_9  thousand barrels per day of petroleum into refined products;

10      (15) "Land use plan" means a comprehensive plan or land use

11  element thereof adopted by a unit of local government pursuant to

12  chapters 35.63, 35A.63, or 36.70 RCW;

13      (16) "Zoning ordinance" means an ordinance of a unit of local

14  government regulating the use of land and adopted pursuant to

15  chapters 35.63, 35A.63, or 36.70 RCW or Article XI of the state

16  Constitution.

‑‑‑ END ‑‑‑

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