[atlas:bill]

AN ACT Relating to the energy facility site evaluation council; amending RCW 80.50.010; adding new sections to chapter 80.50 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. The legislature finds that a sufficient and reliable supply of energy is critically important to the health and welfare of the citizens of the state and to the prosperity of the state and the region.

Sec. 2. RCW 80.50.010 and 1996 c 4 s 1 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.

(5) To avoid costly duplication in the siting process and ensure that decisions are made timely and without unnecessary delay.

NEW SECTION. Sec. 3. A new section is added to chapter 80.50 RCW to read as follows:

(1) After the council has received a site application, council staff shall assist applicants in identifying issues presented by the application.

(2) Council staff shall review all information submitted and recommend resolutions to issues in dispute that would allow site approval.

(3) Council staff may make recommendations to the council on conditions that would allow site approval.

(4) The council shall ensure that sufficient staff are available to support thorough council review of all applications.

NEW SECTION. Sec. 4. A new section is added to chapter 80.50 RCW to read as follows:

Where the need for adequate and reasonably priced energy conflicts with the objectives of a participating agency, an agency's representative to the council shall give priority to the directives of this chapter. The council should ensure that certificate conditions are pursuant to powers clearly delegated to the requesting agency by the legislature. Agencies may not intervene in an application for the purpose of compelling compliance with policies or requirements not specified in statute.

NEW SECTION. Sec. 5. A new section is added to chapter 80.50 RCW to read as follows:

The governor shall undertake an evaluation of the operations of the council to assess means to enhance its efficiency. The results of this assessment may include recommendations for administrative changes, statutory changes, or expanded staffing levels. The governor shall implement the recommendations for enhanced efficiency of the energy facility siting process.