BILL REQ. #: H-1307.2
State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 02/08/11.
AN ACT Relating to siting of energy facility projects; amending RCW 80.50.071; adding a new section to chapter 36.01 RCW; adding a new section to chapter 35.63 RCW; and adding a new section to chapter 35A.63 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 80.50.071 and 2010 c 152 s 3 are each amended to read
as follows:
(1) The council shall receive all applications for energy facility
site certification. Each applicant shall pay such reasonable costs as
are actually and necessarily incurred by the council in processing an
application.
(a) Each applicant shall, at the time of application submission,
deposit fifty thousand dollars, or such greater amount as may be
specified by the council after consultation with the applicant. Costs
that may be charged against the deposit include, but are not limited
to, independent consultants' costs, councilmember's wages, employee
benefits, costs of a hearing examiner, costs of a court reporter, staff
salaries, wages and employee benefits, goods and services, travel
expenses, and miscellaneous direct expenses as arise directly from
processing an application.
(b) The council may commission its own independent consultant study
to measure the consequences of the proposed energy facility on the
environment or any matter that it deems essential to an adequate
appraisal of the site. The council shall provide an estimate of the
cost of the study to the applicant and consider applicant comments.
(c) The council shall submit to each applicant a statement of such
expenditures made during the preceding calendar quarter which shall be
in sufficient detail to explain such expenditures. The applicant shall
pay the state treasurer the amount of such statement to restore the
total amount on deposit to the originally established level: PROVIDED,
That such applicant may, at the request of the council, increase the
amount of funds on deposit to cover anticipated expenses during peak
periods of application processing. Any funds remaining unexpended at
the conclusion of application processing shall be refunded to the
applicant, or at the applicant's option, credited against required
deposits of certificate holders.
(2) Each certificate holder shall pay such reasonable costs as are
actually and necessarily incurred by the council for inspection and
determination of compliance by the certificate holder with the terms of
the certification relative to monitoring the effects of construction,
operation, and site restoration of the facility.
(a) Each certificate holder, within thirty days of execution of the
site certification agreement, shall have on deposit fifty thousand
dollars, or such greater amount as may be specified by the council
after consultation with the certificate holder. Costs that may be
charged against the deposit include, but are not limited to, those
specified in subsection (1)(a) of this section as arise from inspection
and determination of compliance by the certificate holder with the
terms of the certification.
(b) The council shall submit to each certificate holder a statement
of such expenditures actually made during the preceding calendar
quarter which shall be in sufficient detail to explain such
expenditures. The certificate holder shall pay the state treasurer the
amount of such statement to restore the total amount on deposit to the
originally established level: PROVIDED, That if the actual
expenditures for inspection and determination of compliance in the
preceding calendar quarter have exceeded the amount of funds on
deposit, such excess costs shall be paid by the certificate holder.
(3) If an applicant or certificate holder fails to provide the
initial deposit, or if subsequently required payments are not received
within thirty days following receipt of the statement from the council,
the council may (a) in the case of the applicant, suspend processing of
the application until payment is received; or (b) in the case of a
certificate holder, suspend the certification.
(4) All payments required of the applicant or certificate holder
under this section are to be made to the state treasurer who shall make
payments as instructed by the council from the funds submitted. All
such funds shall be subject to state auditing procedures. Any
unexpended portions thereof shall be returned to the applicant or
certificate holder.
(5)(a) Upon receipt of an application for an energy facility site
certification proposing an energy plant or alternative renewable energy
facility that is connected to transmission facilities of a nominal
voltage of at least one hundred fifteen thousand volts, the council
shall notify in writing the United States department of defense. The
notification shall include, but not be limited to, the following:
(i) A description of the proposed energy plant or alternative
renewable energy facility;
(ii) The location of the site;
(iii) The placement of the energy plant or alternative renewable
energy facility on the site;
(iv) The date and time by which comments must be received by the
council; and
(v) Contact information of the council and the applicant.
(b) The purpose of the written notification is to provide an
opportunity for the United States department of defense to comment upon
the application, identifying potential issues relating to the placement
and operations of the energy plant or alternative renewable energy
facility, before a site certification application is approved. The
time period set forth by the council for receipt of such comments shall
not extend the time period for the council's processing of the
application.
NEW SECTION. Sec. 2 A new section is added to chapter 36.01 RCW
to read as follows:
(1) Upon receipt of an application for a permit to site an energy
plant that is connected to transmission facilities of a nominal voltage
of at least one hundred fifteen thousand volts, the county shall notify
in writing the United States department of defense. The notification
shall include, but not be limited to, the following:
(a) A description of the proposed energy plant;
(b) The location of the site;
(c) The number and placement of the energy plant on the site;
(d) The date and time by which comments must be received by the
county; and
(e) Contact information of the county permitting authority and the
applicant.
(2) The purpose of the written notification is to provide an
opportunity for the United States department of defense to comment upon
the application, identifying potential issues relating to the placement
and operations of the energy plant before a permit application is
approved. The time period set forth by the county for receipt of such
comments shall not extend the time period for the county's processing
of the application.
(3) For the purpose of this section, "energy plant" and
"transmission facility" shall each have the meaning set forth in RCW
80.50.020.
NEW SECTION. Sec. 3 A new section is added to chapter 35.63 RCW
to read as follows:
(1) Upon receipt of an application for a permit to site an energy
plant that is connected to transmission facilities of a nominal voltage
of at least one hundred fifteen thousand volts, the city or town shall
notify in writing the United States department of defense. The
notification shall include, but not be limited to, the following:
(a) A description of the proposed energy plant;
(b) The location of the site;
(c) The placement of the energy plant on the site;
(d) The date and time by which comments must be received by the
city or town; and
(e) Contact information of the city or town permitting authority
and the applicant.
(2) The purpose of the written notification is to provide an
opportunity for the United States department of defense to comment upon
the application, identifying potential issues relating to the placement
and operations of the energy plant, before a permit application is
approved. The time period set forth by the city or town for receipt of
such comments shall not extend the time period for the city's
processing of the application.
(3) For the purpose of this section, "energy plant" and
"transmission facility" shall each have the meaning set forth in RCW
80.50.020.
NEW SECTION. Sec. 4 A new section is added to chapter 35A.63 RCW
to read as follows:
(1) Upon receipt of an application for a permit to site an energy
plant that is connected to transmission facilities of a nominal voltage
of at least one hundred fifteen thousand volts, the city shall notify
in writing the United States department of defense. The notification
shall include, but not be limited to, the following:
(a) A description of the proposed energy plant;
(b) The location of the site;
(c) The placement of the energy plant on the site;
(d) The date and time by which comments must be received by the
city; and
(e) Contact information of the city permitting authority and the
applicant.
(2) The purpose of the written notification is to provide an
opportunity for the United States department of defense to comment upon
the application, identifying potential issues relating to the placement
and operations of the plant, before a permit application is approved.
The time period set forth by the city for receipt of such comments
shall not extend the time period for the city's processing of the
application.
(3) For the purpose of this section, "energy plant" and
"transmission facility" shall each have the meaning set forth in RCW
80.50.020.