S-4459

AN ACT Relating to studying the energy facility siting process; amending RCW 80.50.060; creating a new section; providing an expiration date; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. (1) The joint legislative task force on energy facility siting reform is hereby created. Membership of the task force must consist of eight legislators who will serve as voting members, and eight nonvoting members. Four legislative members from the senate, including two members from the majority party and two members from the minority party, will be appointed by the president of the senate. Four legislative members from the house of representatives, including two members from each party, will be appointed by the co-speakers of the house of representatives. Each body shall select representatives to the task force from the committees with jurisdiction over energy, environmental or ecology, and growth management or siting issues. The eight nonvoting members will be selected by the director of the department of community, trade, and economic development to represent the following stakeholder groups: (a) The executive branch; (b) cities; (c) counties; (d) pipeline operators; (e) electric utilities; (f) energy facility developers; (g) environmental organizations; and (h) citizens at large. The task force may invite the participation of others and form working groups as needed. The chair of the task force will be selected by the voting members of the task force. The department of community, trade, and economic development shall, with the assistance of legislative staff, provide administrative and professional support for the task force. The department shall manage the study project and hire an independent facilitator to assist the task force to reach resolution on the issues identified in subsection (3) of this section.

(2) The joint legislative task force on energy facility siting reform is charged with reviewing the current siting process for energy facilities set forth in chapter 80.50 RCW for the purpose of recommending statutory changes designed to modernize the siting process to better respond to the significant regulatory, environmental, technological, and economic changes affecting energy facility siting decisions.

(3) In conducting its review, the task force shall consider and address at least the following issues:

(a) The types and sizes of energy facilities to be regulated by a state siting authority, and recommendations of which types and sizes, if any, should be sited and regulated by the state;

(b) The membership of a state siting authority and whether changes to the membership or other elements of the process would facilitate more effective coordination between the relevant state and local agencies and more efficient communication and utilization of expertise within the agencies;

(c) The processes involved in reviewing and taking action on facility applications, including recommendations to: (i) Ensure broad and meaningful public participation; (ii) improve the coordination and reconciliation of the siting process with the review processes required under the state environmental policy act and the growth management act; (iii) clarify the governor's role in reviewing siting decisions; and (iv) improve procedures and standards for amending site certification agreements to address changes in the energy facility or use of all or a portion of the site for nonenergy-related uses;

(d) The scope of preemption exercised by a state siting authority, including whether and to what extent it should have the authority to preempt the proprietary and regulatory functions of local governments and other state agencies;

(e) The involvement of local jurisdictions in the state siting authority's proceedings, including recommendations to enhance consistency between the state siting process and local land use regulations and growth management siting processes;

(f) The balancing responsibility a state siting authority should perform with respect to determining the need for proposed facilities and balancing the demand against the public interest in protecting the environment, and whether clarification is needed to ensure consistency with the state energy policy directives enacted subsequent to the siting requirements;

(g) Whether special provisions are needed, such as a counsel for the environment, to ensure adequate protection of the environment, and whether that protection should be expanded to include responsibilities for representing the public interest in protecting public health and safety;

(h) The adequacy of current funding mechanisms to support the participation of local jurisdictions, intervenors, and other interested persons in state siting proceedings, and recommendations for reducing the costs of participation or increasing the support for such participation;

(i) The monitoring and oversight of permitted sites, and recommendations whether the energy facility site evaluation council should retain sole responsibility for such activities or whether another agency or agencies would more efficiently monitor and oversee permitted sites; and

(j) The location of facilities on public lands, including recommendations identifying: (i) The appropriate public entity or entities to interpret the applicable laws governing use of public lands; and (ii) changes to eminent domain requirements that would allow for more efficient siting of projects that are found to be in the public interest and are certified for location on public land.

(4) The task force shall convene its first meeting by April 10, 2000, and complete its review and submit its recommendations in the form of a report to the legislature by December 1, 2000.

(5) This section expires June 30, 2001.

Sec. 2. RCW 80.50.060 and 1977 ex.s. c 371 s 5 are each amended to read as follows:

(1) The provisions of this chapter shall apply to the construction of energy facilities which includes the new construction of energy facilities and the reconstruction or enlargement of existing energy facilities where the net increase in physical capacity or dimensions resulting from such reconstruction or enlargement meets or exceeds those capacities or dimensions set forth in RCW 80.50.020 (7) and ((~~(17), as now or hereafter amended~~)) (14). No construction of such energy facilities may be undertaken, except as otherwise provided in this chapter, after July 15, 1977, without first obtaining certification in the manner provided in this chapter.

(2) The provisions of this chapter shall not apply to normal maintenance and repairs which do not increase the capacity or dimensions beyond those set forth in RCW 80.50.020 (7) and ((~~(17), as now or hereafter amended~~)) (14).

(3) Applications for certification of ((~~energy~~)) transmission facilities made ((prior to July 15, 1977 shall continue to be governed by the applicable provisions of law in effect on the day immediately preceding July 15, 1977 with the exceptions of RCW 80.50.190 and 80.50.071 which shall apply to such prior applications and to site certifications prospectively from July 15, 1977)) after January 1, 2000, and prior to August 1, 2001, shall vest to any standards or requirements in effect on August 1, 2001, or upon the issuance of a certificate by the council, whichever comes first.

(4) Applications for certification shall be upon forms prescribed by the council and shall be supported by such information and technical studies as the council may require.

NEW SECTION. Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.