| Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
| Technology, Energy & Communications Committee | |
HB 1060
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
Brief Description: Changing provisions concerning the siting of alternative energy facilities.
Sponsors: Representatives Hudgins, Linville, Morris and Chase.
Brief Summary of Bill |
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Hearing Date: 1/10/07
Staff: Scott Richards (786-7156).
Background:
An alternative energy resource may be sited in accordance with local land use requirements or
through the Energy Facility Site Evaluation Council permitting process.
Energy Facility Site Evaluation Council
The Energy Facility Site Evaluation Council (EFSEC) was created in 1970 to provide one-stop
licensing for large energy projects. The EFSEC's membership includes mandatory representation
from five state agencies and discretionary representation from four additional state agencies. The
EFSEC's membership may include representatives from the particular city, county, or port district
where potential projects may be located. In reviewing facility siting applications, the EFSEC
must determine whether or not a proposed site is consistent and in compliance with county or
regional land use plans or zoning ordinances.
The EFSEC's jurisdiction includes the siting of large intrastate natural gas and petroleum
pipelines, electric power plants above 350 megawatts, new oil refineries, large expansions of
existing facilities, and underground natural gas storage fields. For electric power plants, the
EFSEC's jurisdiction extends to those associated facilities that include new transmission lines
that operate in excess of 115 kilovolts and are necessary to connect the plant to the Northwest
power grid. The EFSEC's jurisdiction includes the siting of electrical transmission facilities in
excess of 115 kilovolts in national interest electric transmission corridors as designated by the
United States Department of Energy or the Federal Energy Regulatory Commission under
Section 1221 of the National Energy Policy Act. Also, the EFSEC's may site energy facilities of
any size that exclusively use alternative energy resources, if the project applicant chooses to use
the EFSEC review and certification process.
EFSEC Site Evaluation Process
The EFSEC siting process generally involves six steps: (1) a potential site study followed by an
application; (2) State Environmental Policy Act review; (3) review for consistency with
applicable local land use laws and plans; (4) a formal adjudication on all issues related to the
project; (5) certain air and water pollution discharge permitting reviews as delegated by the U.S.
Environmental Protection Agency; and (6) a recommendation to the Governor who then decides
whether to accept, reject, or remand the application. A certification agreement approved by the
Governor preempts any other state or local regulation concerning the location, construction, and
operational conditions of an energy facility.
Alternative Energy Resource
Alternative energy resource means wind, solar energy, geothermal energy, landfill gas, wave or
tidal action or biomass energy based on solid organic fuels from wood, forest, or field residues,
or dedicated energy crops that do not include wood pieces that have been treated with chemical
preservatives such as creosote, pentachlorophenol, or copper-chrome-arsenic.
Summary of Bill:
A person is prohibited from seeking site certification from EFSEC for a similar project in a
similar geographic area for two years, if the project using alternative energy resources is first
denied by a local government.
Appropriation: None.
Fiscal Note: Not requested.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.