AN ACT Relating to
amending the authority and duties of the joint committee on energy supply; and
amending RCW 44.39.070 and 43.21G.040.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 44.39.070 and 1977
ex.s. c 328 s 18 are each amended to read as follows:
(1) The
committee shall ((only)) meet and function at the following times:
(a) At least once per year or at anytime upon the call of the chair to receive
information related to the state or regional energy supply situation; (b)
during a condition of energy supply alert or energy emergency; and (c) upon
the call of the chair, in response to gubernatorial action to terminate such a
condition. Upon the declaration by the governor of a condition of energy
supply alert or energy emergency, the committee on energy ((and utilities))
supply shall meet to receive any plans proposed by the governor for
programs, controls, standards, and priorities for the production, allocation,
and consumption of energy during any current or anticipated condition of energy
supply alert or energy emergency, any proposed plans for the suspension or
modification of existing rules of the Washington Administrative Code, and any
other relevant matters the governor deems desirable. The committee shall
review such plans and matters and shall transmit its recommendations to the
governor for review. The committee ((shall)) may review any
voluntary programs or local or regional programs for the production,
allocation, or consumption of energy which have been submitted to the
committee.
(2) The
committee shall receive any request from the governor for the approval of a
declaration of a condition of energy emergency as provided in RCW 43.21G.040 as
now or hereafter amended and shall either approve or disapprove such request.
(3) During a condition
of energy supply alert, the committee shall: (a) Receive any request
from the governor for an extension of the condition of energy supply alert for
an additional ((sixty)) period of time not to exceed ninety
consecutive days and the findings upon which such request is based; (b)
receive any request from the governor for subsequent extensions of the
condition of energy supply alert for an additional period of time not to exceed
one hundred twenty consecutive days and the findings upon which such a request
is based; and ((shall)) (c) either approve or disapprove ((such
request)) the requested extensions. When approving a request,
the committee may specify a longer period than requested, up to ninety days for
initial extensions and one hundred twenty days for additional extensions.
(4)
During a condition of energy emergency the committee shall: (a) Receive
any request from the governor for an extension of the condition of energy
emergency for an additional period of time not to exceed forty-five
consecutive days and the finding upon which any such request is based; (b)
receive any request from the governor for subsequent extensions of the
condition of energy emergency for an additional period of time not to exceed
sixty consecutive days and the findings upon which such a request is based;
and ((shall)) (c) either approve or disapprove ((such request))
the requested extensions. When approving a request, the committee
may specify a longer period than requested, up to forty-five days for initial
extensions and sixty days for additional extensions.
Sec. 2. RCW 43.21G.040 and 1987
c 505 s 83 are each amended to read as follows:
(1) The governor may
subject to the definitions and limitations provided in this chapter:
(a) Upon finding that
an energy supply alert exists within this state or any part thereof, declare a
condition of energy supply alert; or
(b) Upon finding that
an energy emergency exists within this state or any part thereof, declare a
condition of energy emergency. A condition of energy emergency shall terminate
thirty consecutive days after the declaration of such condition if the
legislature is not in session at the time of such declaration and if the
governor fails to convene the legislature pursuant to Article III, section 7 of
the Constitution of the state of Washington within thirty consecutive days of
such declaration. If the legislature is in session or convened, in accordance
with this subsection, the duration of the condition of energy emergency shall
be limited in accordance with subsection (3) of this section.
Upon the declaration of
a condition of energy supply alert or energy emergency, the governor shall
present to the committee any proposed plans for programs, controls, standards,
and priorities for the production, allocation, and consumption of energy during
any current or anticipated condition of energy emergency, any proposed plans
for the suspension or modification of existing rules of the Washington
Administrative Code, and any other relevant matters the governor deems
desirable. The governor shall review any recommendations of the committee
concerning such plans and matters.
Upon the declaration of
a condition of energy supply alert or energy emergency, the emergency powers as
set forth in this chapter shall become effective only within the area described
in the declaration.
(2) A condition of
energy supply alert shall terminate ninety consecutive days after the
declaration of such condition unless:
(a) Extended by the
governor upon issuing a finding that the energy supply alert continues to
exist, and with prior approval of such an extension by the committee; or
(b) Extended by the
governor based on a declaration by the president of the United States of a
national state of emergency in regard to energy supply; or
(c) Upon the request of
the governor, extended by declaration of the legislature by concurrent
resolution of a continuing energy supply alert.
((In the event any
such initial extension is implemented, the condition shall terminate one
hundred and fifty consecutive days after the declaration of such condition.
One or more subsequent extensions may be implemented through the extension
procedures set forth in this subsection. In the event any such subsequent
extension is implemented, the condition shall terminate sixty consecutive days
after the implementation of such extension.))
An initial extension
of an energy supply alert approved and implemented under this subsection shall
be for a specified period of time not to exceed ninety consecutive days after
the expiration of the original declaration. Any subsequent extensions shall be
for a specified period of time not to exceed one hundred twenty consecutive
days after the expiration of the previous extension.
(3) A condition of
energy emergency shall terminate forty-five consecutive days after the
declaration of such condition unless:
(a) Extended by the
governor upon issuing a finding that the energy emergency continues to exist,
and with prior approval of such an extension by the committee; or
(b) Extended by the
governor based on a declaration by the president of the United States of a
national state of emergency in regard to energy supply; or
(c) Upon the request of
the governor, extended by declaration of the legislature by concurrent
resolution of a continuing energy emergency.
((In the event any
such initial extension is implemented, the condition shall terminate ninety
consecutive days after the declaration of such condition. One or more
subsequent extensions may be implemented through the extension procedures set
forth in this subsection. In the event any such subsequent extension is
implemented, the condition shall terminate forty-five consecutive days after
the implementation of such extension.))
An initial extension
of an energy emergency approved and implemented under this subsection shall be
for a specified period of time not to exceed forty-five consecutive days after
the expiration of the original declaration. Any subsequent extensions shall be
for a specified period of time not to exceed sixty consecutive days after the
expiration of the previous extension.
(4) A condition of
energy supply alert or energy emergency shall cease to exist upon a declaration
to that effect by either of the following: (a) The governor; or (b) the
legislature, by concurrent resolution, if in regular or special session:
PROVIDED, That the governor shall terminate a condition of energy supply alert
or energy emergency when the energy supply situation upon which the declaration
of a condition of energy supply alert or energy emergency was based no longer
exists.
(5) In a condition of
energy supply alert, the governor may, as deemed necessary to preserve and
protect the public health, safety, and general welfare, and to minimize, to the
fullest extent possible, the injurious economic, social, and environmental
consequences of such energy supply alert, issue orders to: (a) Suspend or
modify existing rules of the Washington Administrative Code of any state agency
relating to the consumption of energy by such agency or to the production of
energy, and (b) direct any state or local governmental agency to implement
programs relating to the consumption of energy by the agency which have been
developed by the governor or the agency and reviewed by the committee.
(6) In addition to the
powers in subsection (5) of this section, in a condition of energy emergency,
the governor may, as deemed necessary to preserve and protect the public
health, safety, and general welfare, and to minimize, to the fullest extent
possible, the injurious economic, social, and environmental consequences of
such an emergency, issue orders to: (a) Implement programs, controls,
standards, and priorities for the production, allocation, and consumption of
energy; (b) suspend and modify existing pollution control standards and
requirements or any other standards or requirements affecting or affected by
the use of energy, including those relating to air or water quality control;
and (c) establish and implement regional programs and agreements for the
purposes of coordinating the energy programs and actions of the state with
those of the federal government and of other states and localities.
(7) The governor
shall make a reasonable, good faith effort to provide the committee with notice
when the governor is considering declaring a condition of energy supply alert
or energy emergency. The governor shall immediately transmit the
declaration of a condition of energy supply alert or energy emergency and the
findings upon which the declaration is based and any orders issued under the
powers granted in this chapter to the committee. The governor shall provide
the committee with at least fourteen days' notice when requesting an extension
of a condition of energy supply alert or energy emergency, unless such notice
is waived by the committee.
(8) Nothing in
this chapter shall be construed to mean that any program, control, standard,
priority or other policy created under the authority of the emergency powers
authorized by this chapter shall have any continuing legal effect after the
cessation of the condition of energy supply alert or energy emergency.
(9) If any
provision of this chapter is in conflict with any other provision, limitation,
or restriction which is now in effect under any other law of this state,
including, but not limited to, chapter 34.05 RCW, this chapter shall govern and
control, and such other law or rule ((or regulation promulgated)) issued
thereunder shall be deemed superseded for the purposes of this chapter.
(10) Because of
the emergency nature of this chapter, all actions authorized or required
hereunder, or taken pursuant to any order issued by the governor, shall be
exempted from any and all requirements and provisions of the state
environmental policy act of 1971, chapter 43.21C RCW, including, but not
limited to, the requirement for environmental impact statements.
(11)
Except as provided in this section nothing in this chapter shall exempt a
person from compliance with the provisions of any other law, rule, or directive
unless specifically ordered by the governor.
