SENATE BILL REPORT

SB 6036

BYSenators Williams, Garrett and Owen

Authorizing a new hydroelectric development study.

Senate Committee on Energy & Utilities

Senate Hearing Date(s):February 27, 1987; March 3, 1987

Majority Report:  That Substitute Senate Bill No. 6036 be substituted therefor, and the substitute bill do pass.

      Signed by Williams, Chairman; Owen, Vice Chairman; Benitz, Cantu, Nelson, Smitherman.

Senate Staff:Paul Parker (786-7455)

                  March 3, 1987

AS REPORTED BY COMMITTEE ON ENERGY & UTILITIES, MARCH 3, 1987

BACKGROUND:

The Federal Power Act authorizes the Federal Energy Regulatory Commission (FERC) to regulate the construction, operation, and maintenance of hydroelectric projects.  State agencies frequently intervene in FERC proceedings to ensure that hydro development does not occur at the expense of the state's fish and wildlife resources.

New federal legislation gives states added ability to affect FERC decisions.  The Electric Consumers Protection Act of 1986 (ECPA) amended the Federal Power Act to require that FERC consider whether a project is consistent with a comprehensive river plan prepared by a state.

FERC has interpreted the ECPA amendments as applying only to comprehensive plans that balance competing uses of a waterway prepared and adopted pursuant to a specific act of a state legislature.

Washington does not have a single comprehensive plan but has a number of management plans for waterways in place or under development.

SUMMARY:

A study of laws and policies impacting hydro development is conducted to recommend methods of coordinating state activities relating to protection and development of waterways, including the potential for a comprehensive state plan.  The Institute for Public Policy conducts the study with the assistance of affected state agencies.

Appropriation:    $40,000

Fiscal Note:      none requested

EFFECT OF PROPOSED SUBSTITUTE:

The Institute for Public Policy conducts the study in conjunction with a legislative advisory committee and assistance from affected state agencies and Indian tribes.

Senate Committee - Testified: Ken Slattery, Department of Ecology; Michael Rossotto, Friends of the Earth; James Fenton, Washington Department of Game; Ed McGuire, Washington State Energy Office; Russ Lidman, Washington Institute for Public Policy