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SUBSTITUTE
HOUSE BILL 2644
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Passed
Legislature - 2000 Regular Session
AS
AMENDED BY THE SENATE
State of Washington 56th
Legislature 2000 Regular Session
By
Read first time 02/03/2000.
Referred to Committee on .
Restoring
unfinished nuclear power sites.
AN
ACT Relating to the restoration and redevelopment of unfinished nuclear power
project sites for purposes of economic development, providing for sufficient
water supply for restoration and redevelopment of such sites; and amending RCW
80.50.300.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
80.50.300 and 1996 c 4 s 2 are each amended to read as follows:
(1)
This section applies only to unfinished nuclear power projects ((that are
not located on federal property)). If a certificate holder stops
construction of a nuclear energy facility before completion, terminates the
project or otherwise resolves not to complete construction, never introduces or
stores fuel for the energy facility on the site, and never operates the energy
facility as designed to produce energy, the certificate holder may contract,
establish interlocal agreements, or use other formal means to effect the
transfer of site restoration responsibilities, which may include economic
development activities, to any political subdivision or subdivisions of the
state composed of elected officials. The contracts, interlocal agreements, or
other formal means of cooperation may include, but are not limited to
provisions effecting the transfer or conveyance of interests in the site and
energy facilities from the certificate holder to other political subdivisions
of the state, including costs of maintenance and security, capital
improvements, and demolition and salvage of the unused energy facilities and
infrastructure.
(2)
If a certificate holder transfers all or a portion of the site to a political
subdivision or subdivisions of the state composed of elected officials and
located in the same county as the site, the council shall amend the site
certification agreement to release those portions of the site ((that are
transferred pursuant to this section)) that it finds are no longer
intended for the development of an energy facility.
Immediately
upon release of all or a portion of the site pursuant to this section, all
responsibilities for maintaining the public welfare for portions of the site
transferred, including but not limited to health and safety, are
transferred to the political subdivision or subdivisions of the state. For
sites located on federal land, all responsibilities for maintaining the public
welfare for all of the site, including but not limited to health and safety,
must be transferred to the political subdivision or subdivisions of the state
irrespective of whether all or a portion of the site is released.
(3)
The legislature finds that for all or a portion of sites that have been
transferred to a political subdivision or subdivisions of the state prior to
September 1, 1999, ensuring water for site restoration including economic
development, completed pursuant to this section can best be accomplished by a
transfer of existing surface water rights, and that such a transfer is best
accomplished administratively through procedures set forth in existing statutes
and rules. However, if a transfer of water rights is not possible, the
department of ecology shall, within six months of the transfer of the site or
portion thereof pursuant to subsection (1) of this section, create a trust
water right under chapter 90.42 RCW containing between ten and twenty cubic
feet per second for the benefit of the appropriate political subdivision or
subdivisions of the state. The trust water right shall be used in fulfilling
site restoration responsibilities, including economic development. The trust
water right shall be from existing valid water rights within the basin where
the site is located.
(4) For purposes of this section, "political subdivision or
subdivisions of the state" means a city, town, county, public utility
district, port district, or joint operating agency.
