[atlas:bill]

AN ACT Relating to energy facilities; amending RCW 80.50.100, 80.50.030, 90.48.262, 90.48.160, 90.48.260, and 82.12.022; adding a new section to chapter 82.16 RCW; adding a new section to chapter 80.50 RCW; adding new sections to chapter 80.52 RCW; adding a new chapter to Title 80 RCW; creating a new section; recodifying RCW 80.50.160, 80.50.300, and 80.50.310; repealing RCW 80.50.010, 80.50.020, 80.50.030, 80.50.040, 80.50.060, 80.50.071, 80.50.075, 80.50.080, 80.50.090, 80.50.100, 80.50.105, 80.50.110, 80.50.120, 80.50.130, 80.50.140, 80.50.150, 80.50.175, 80.50.180, 80.50.190, 80.50.900, 80.50.901, 80.50.902, 80.50.903, and 80.50.904; prescribing penalties; making appropriations; providing effective dates; providing expiration dates; and declaring an emergency.

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

NEW SECTION. Sec. 1. (1) The legislature finds that energy supply, generation and distribution systems, and technologies have changed greatly since the enactment of the energy facility siting laws thirty years ago. Experience during this time with these laws has demonstrated that a state council with the primary responsibility for providing siting approval for energy facilities is warranted, but that the current council membership as well as some of the required statutory procedures can be improved.

(2) The legislature intends by this act to:

(a) Modify siting procedures to emphasize early identification and resolution of issues with the participation of all the interested public, with the objective of decreasing reliance on costly trial-like adjudicatory proceedings;

(b) Provide for state review of energy facility site applications through procedures that are more expeditious and predictable than the current procedures;

(c) Provide greater deference to the siting standards adopted by the local jurisdictions in which the facilities are sought to be sited;

(d) Provide for greater consideration of statewide energy needs and interests, as reflected in the state's energy strategy and policies, when facility siting applications are reviewed by the council;

(e) Decrease the size of the council and change its membership from that composed exclusively of state agency representatives to a governor-appointed citizen council, while providing the council the means to obtain the siting expertise of state agencies; and

(f) Authorize siting procedures that provide the public a clearer and more meaningful process for participating in review of siting applications.

NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Applicant" means any person who makes application for a site certification under this chapter.

(2) "Application" means any request for approval of a particular site or sites filed in accordance with the procedures established under this chapter.

(3) "Associated facilities" means storage, transmission, handling, or other related and supporting facilities connecting an energy plant with the existing energy supply, processing, or distribution system, including, but not limited to, communications, controls, mobilizing or maintenance equipment, instrumentation, and other types of ancillary transmission equipment, off-line storage or venting required for efficient operation or safety of the transmission system and overhead, and surface or subsurface lines of physical access for the inspection, maintenance, and safe operations of the transmission facility and new transmission lines constructed to operate at nominal voltages in excess of two hundred thousand volts to connect a thermal power plant to the northwest power grid. However, "associated facilities" does not include common carrier railroads or motor vehicles.

(4) "Certification" means a binding agreement between an applicant and the state which shall embody compliance to the siting guidelines, requirements, and conditions to be met prior to or concurrent with the construction or operation of any energy facility.

(5) "Construction" means on-site improvements, excluding exploratory work, which cost in excess of two hundred fifty thousand dollars.

(6) "Council" means the energy facility site evaluation council created by section 3 of this act.

(7) "Director" means the staff director appointed under section 3 of this act.

(8) "Energy facility" means an energy plant or transmission facilities. However, the following are not energy facilities for the purposes of this chapter:

(a) Facilities for the extraction, conversion, transmission, or storage of water, other than water specifically consumed or discharged by thermal energy production or conversion for energy purposes; and

(b) Facilities operated by and for the armed services for military purposes or by other federal authority for the national defense.

(9) "Energy plant" means the following facilities together with their associated facilities:

(a) Any stationary thermal power plant with the following generating capacity: (i) Two hundred fifty thousand kilowatts or more, measured using maximum continuous electric generating capacity, less minimum auxiliary load, at average ambient temperature and pressure; (ii) from below two hundred fifty thousand to twenty-five thousand kilowatts when alternative jurisdiction is sought under section 5 of this act; and (iii) equal or greater than two hundred fifty thousand kilowatts when measured as the combined generating capacity of two or more thermal power plants that the council determines have been planned and designed by common owners. However, this subsection (9)(a) does not include on-site electrical generating facilities principally used to generate electricity for the site owner's exclusive use;

(b) Floating thermal power plants of fifty thousand kilowatts or more;

(c) Facilities which will have the capacity to receive liquified natural gas in the equivalent of more than one hundred million standard cubic feet of natural gas per day, that has been transported over marine waters;

(d) Facilities which will have the capacity to receive more than an average of fifty thousand barrels per day of crude or refined petroleum or liquified petroleum gas that has been or will be transported over marine waters. However, this does not include storage facilities unless occasioned by such new facility construction;

(e) Any underground reservoir for receipt and storage of natural gas as defined in RCW 80.40.010 capable of delivering an average of more than one hundred million standard cubic feet of natural gas per day;

(f) Facilities capable of processing more than twenty-five thousand barrels per day of petroleum into refined products; and

(g) Facilities, other than those regulated by federal law, that exclusively use renewable resources with a generating capacity of at least one thousand kilowatts when alternative jurisdiction is sought under section 5 of this act.

(10) "Independent consultants" means those persons who have no financial interest in the applicant's proposals and who are retained by the council to evaluate the applicant's proposals, supporting studies, or to conduct additional studies.

(11) "Notice of intent" means the notice required under section 6 of this act of intent to file an application for site certification.

(12) "Person" means an individual, partnership, joint venture, private or public corporation, association, firm, public service company, political subdivision, municipal corporation, government agency, public utility district, or any other entity, public or private, however organized.

(13) "Renewable resource" means: (a) Water; (b) wind; (c) solar energy; (d) geothermal energy; (e) landfill gas; or (f) 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.

(14) "Site" means any proposed or approved location of an energy facility.

(15) "Thermal power plant" means, for the purpose of certification, any electrical generating facility using any fuel, including nuclear materials, for distribution of electricity by electric utilities.

(16) "Transmission facility" means any of the following together with their associated facilities:

(a) Crude or refined petroleum or liquid petroleum product transmission pipeline of the following dimensions: A pipeline larger than six inches minimum inside diameter between valves for the transmission of these products with a total length of at least fifteen miles; and

(b) Natural gas, synthetic fuel gas, or liquified petroleum gas transmission pipeline of the following dimensions: A pipeline larger than fourteen inches minimum inside diameter between valves, for the transmission of these products, with a total length of at least fifteen miles for the purpose of delivering gas to a distribution facility, except an interstate natural gas pipeline regulated by the United States federal energy regulatory commission.

NEW SECTION. Sec. 3. (1) There is created and established the energy facility site evaluation council.

(2)(a) The chair of the council shall be appointed by the governor with the advice and consent of the senate, shall have a vote on matters before the council, shall serve for a term coextensive with the term of the governor, and is removable for cause. The chair may designate a member of the council to serve as acting chair in the event of the chair's absence. The chair is a "state employee" for the purposes of the ethics laws in chapter 42.52 RCW.

(b) The chair or the chair's designee shall execute all official documents, contracts, and other materials on behalf of the council. The department of community, trade, and economic development shall provide all administrative and staff support for the council. The director of the department of community, trade, and economic development shall appoint a staff director who has supervisory authority over the staff of the council and shall employ such personnel as are necessary to implement this chapter. Not more than three such employees may be exempt from chapter 41.06 RCW.

(3) The council shall consist of five members, one of whom shall be the chair appointed as provided in subsection (2) of this section. The members shall be appointed by the governor and serve with the advice and consent of the senate. Each member shall have a vote on matters before the council. Members shall serve full or part time as the workload demands, and shall serve staggered terms of four years. The governor shall initially appoint one member for one year, one member for two years, one member for three years, and one member for four years. If a council position becomes vacant, the governor shall appoint a member for the unexpired term. Members are removable for cause by the governor. Members are "state employees" for the purposes of the ethics laws in chapter 42.52 RCW. As applicable, when attending meetings of the council, members may receive reimbursement for travel expenses in accordance with RCW 43.03.050 and 43.03.060, and are eligible for compensation under RCW 43.03.250.

(4) The council shall create a state agency advisory work group, working in cooperation with state agencies, including agencies identified in section 7 of this act, and the governor, to be composed of representatives of state agencies that may have expertise relating to a particular application for energy facility site certification.

(5) The council shall create a local advisory work group, working in cooperation with local governments, to be composed of nonelected representatives of local governments, and the communities they serve, that may have an interest in a particular application for energy facility site certification or can advise on local or regional impacts of the proposed project.

(6) The work groups created in subsections (4) and (5) of this section are not subject to the provisions of chapter 42.30 RCW.

NEW SECTION. Sec. 4. The council has the following powers:

(1) To adopt, amend, or rescind suitable rules pursuant to chapter 34.05 RCW, and to carry out this chapter and the policies and practices of the council in connection therewith;

(2) To adopt rules concerning time limits for any action required or authorized by this chapter;

(3) To develop and apply environmental and ecological guidelines in relation to the type, design, location, construction, and operational conditions of certification of energy facilities subject to this chapter;

(4) To commission or require any studies relating to the proposed site or facility;

(5) To contract with state and local agencies to provide technical assistance and expertise related to siting decisions;

(6) To establish rules of practice for the conduct of public hearings under the administrative procedure act, chapter 34.05 RCW;

(7) To prescribe the form, content, and necessary supporting documentation for site certification;

(8) To receive applications for energy facility locations and to investigate the sufficiency thereof;

(9) To make and contract, when applicable, for independent studies of sites proposed by the applicant;

(10) To conduct hearings on the proposed location of the energy facilities;

(11) To issue orders relating to the review of applications, including final orders approving or rejecting applications for certification;

(12) To present state concerns and interests to other states, regional organizations, and the federal government on the location, construction, and operation of any energy facility which may affect the environment, health, or safety of the citizens of the state of Washington; and

(13) To serve as an interagency coordinating body for energy-related issues.

NEW SECTION. Sec. 5. (1) This chapter applies 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 defined in section 2(9) of this act. Except as provided in subsection (4) of this section, no construction of such energy facilities may be undertaken without first obtaining certification in the manner provided in this chapter.

(2) This chapter shall not apply to normal maintenance and repairs that do not increase the capacity or dimensions beyond those set in section 2 of this act except as required in a site certification.

(3) Notices of intent and 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.

(4)(a) As an alternative to any other process required by state or local law, local governments or applicants may elect to transfer the application to the siting process established in this chapter for the siting of the following energy plants: (i) Stationary thermal power plants with generating capacities from less than two hundred fifty thousand to twenty-five thousand kilowatts; and (ii) energy facilities that exclusively use renewable resources with a generating capacity greater than one thousand kilowatts.

(b) Any local government with jurisdiction over a proposed energy plant described in (a) of this subsection may require applicants to use the process established in this chapter.

NEW SECTION. Sec. 6. (1) Each applicant for site certification shall submit to the director a notice of intent to file an application. The notice of intent shall provide information about the proposed site and the proposed facility sufficient for the preparation of the director's project order.

(2) The director shall cause public notice to be given upon receipt of a notice of intent. The public notice shall provide a description of the proposed site and facility in sufficient detail to inform the public of the site location and proposed use, describe the characteristics of the energy facility proposed for the site, and solicit public comments on the notice of intent.

(3) Following review of the notice of intent and any public comments received in response to the notice of intent, the director may hold a preapplication conference with state agencies and local governments that have regulatory or advisory responsibility with respect to the facility. After the preapplication conference, the director shall issue a project order identifying the statutes, administrative rules and standards, local ordinances, application requirements, and study requirements for the site certificate application. A project order is not a final order and is not subject to judicial review. A project order may be amended at any time by either the director or the council.

NEW SECTION. Sec. 7. (1) Applications for site certification shall be made to the council in a form prescribed by the council. The application shall include such information as the council may require and that is required by the project order.

(2) Copies of the notice of intent and of the application shall be sent by the council for comment, recommendations, and identification of applicable regulatory permits and standards to the following:

(a) Department of ecology;

(b) Department of fish and wildlife;

(d) Department of community, trade, and economic development;

(e) Utilities and transportation commission;

(f) Any other state agency that has regulatory responsibility with respect to the facility proposed in the application;

(g) Any city or county within whose jurisdiction the facility is proposed to be located or will be substantially affected by the application; and

(h) Any other state agency or unit of general or special purpose local government responsible for managing real property upon or across which the facility is proposed to be located.

(3) The director shall consider comments timely received on the notice of intent filing in making a determination of whether the application is complete and in preparing the draft proposed order on the application required in section 10 of this act.

(4) The director shall notify the applicant whether the application is complete. When the director determines an application is complete, the director shall notify the applicant and provide notice to the public.

NEW SECTION. Sec. 8. (1) All expenses of the council, director, and staff to the council and director that are necessarily incurred in processing an application and in monitoring compliance with the site certification shall be paid by the applicant or certificate holder. These expenses may include expenses of consultants preparing studies or analyses, reimbursement of state agency expenses in providing expert consultation, legal expenses, and administrative expenses of the council, director, and staff related to the review and decision of the council.

(2) By January 1st of each odd-numbered year, the council by order shall establish a schedule of fees which those persons submitting a notice of intent must submit with the notice to recover the council's actual cost of evaluating the notice of intent and developing a cost reimbursement agreement and application requirements.

(3) Before submitting a site certification application, the applicant may request from the director an estimate of the costs expected to be incurred in processing the application. The estimate shall be based upon processing the application in compliance with the time limits provided under section 9 of this act, or such decreased period as the applicant and director agree are appropriate for the application. The director shall inform the applicant of that amount and require the applicant to make periodic payments of such costs pursuant to a cost reimbursement agreement. The cost reimbursement agreement shall provide for payment of twenty-five percent of the estimated costs when the applicant files the application.

(4) The cost reimbursement agreement shall include provision for reducing or remitting a portion of the fees when the processing deadlines of section 9 of this act or alternative deadlines provided in the cost reimbursement agreement are exceeded for reasons not attributable to actions or inaction by the applicant.

(5) Each holder of a site certificate shall pay an annual fee to each agency, in an amount determined by the agency to cover the reasonable compliance and monitoring responsibilities under the site certification agreement.

(6) If an applicant or certificate holder fails to provide the initial payment or subsequently required payments or fees, 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.

(7) The state general fund shall be credited with all receipts paid to the state under this chapter. Such funds shall be used only by the council for the purposes set forth in this chapter. All expenditures shall be authorized by law.

NEW SECTION. Sec. 9. (1) This section and section 8 of this act govern deadlines for council decisions upon applications for site certificates. The deadlines provided in subsection (2) of this section apply unless a decreased period is provided for through the cost reimbursement agreement between the applicant and the council. In addition, deadlines may be extended upon the request or consent of the applicant.

(2) The council shall either approve or reject an application for a site certificate within the following periods dated from the later of the completion of the application, or upon the filing of a substantial revision, for the following types of facilities:

(a) For applications receiving expedited processing under section 15 of this act, six months;

(b) Within nine months for a combustion turbine power plant, except that such period shall be six months when the applicant demonstrates by letter from the governing body of the city or county in which the proposed plant is to be sited that the plant conforms to all local siting standards;

(d) Within nine months for any electrical energy generating facility exclusively using renewable resources;

(e) Within twelve months for any new electrical transmission line;

(f) Within six months for any stationary thermal power plant that commits to meet or exceed a carbon dioxide standard as established by the department of ecology in rule; and

(g) Within twenty-four months for any associated facility other than that described in (e) of this subsection, and for any other energy or transmission facility.

NEW SECTION. Sec. 10. (1) Based upon its review of the application and comments received, the director shall issue a draft proposed order on the application.

(2) Following issuance of the draft proposed order, the director shall hold two or more public hearings on the application, at least one of which shall be in the area of the proposed site. The director shall provide notice to the public and state and local agencies at least twenty days before each public hearing. The notice shall be provided in a manner reasonably calculated to inform interested persons about the existence and nature of the application, and shall:

(a) Include a description of the facility and the facility's general location;

(b) Include the name of an agency representative to contact and the telephone number where additional information may be obtained;

(d) Include a prominent notice stating that failure to raise an issue in person or in writing before the close of the record of the public hearing with sufficient specificity to afford the council a sufficient opportunity to address the issue precludes consideration of the issue in the adjudicative proceeding.

(3) The applicant and agencies shall confer in a timely manner with the objective of identifying all applicable standards and permits which relate to the siting of the facility. Within sixty days of receipt of the notice under section 7(2) of this act each state and local agency shall identify in writing to the council those standards which the application does not meet or those permits which could not be issued for the facility as proposed. The applicant may elect one of the following options:

(a) It may choose to amend its application to meet the standard or permit requirement;

(b) It may raise compliance with the standard or permit as an issue in the adjudicative proceeding by requesting a variance by the council in the site certification;

(c) It may negotiate with the responsible agency or local government to come to agreement on the disputed standard or permit;

(d) It may request that the council provide additional time for the applicant following which the applicant may choose either option (a) or (b) of this subsection.

(4) Any issue that may be the basis for an adjudicative proceeding shall be raised by the close of the public record before the issuance of the director's proposed order on the application.

(5) The public record shall remain open for twenty days following the last public hearing.

(6) After reviewing the application, the information provided in any site study completed under this chapter, the information on environmental impacts provided through compliance with chapter 43.21C RCW, testimony provided at the public hearing and other information provided by the public, and after considering the comments and information provided by state agencies and local governments, the director shall issue a proposed order recommending approval or rejection of the application. A recommendation for approval may include proposed conditions to be binding upon issuance of site certification, and shall identify any proposed variances by the council to state or local standards.

NEW SECTION. Sec. 11. (1) Following receipt of the proposed order from the director, the council shall conduct an adjudicative proceeding. The provisions governing adjudicative proceedings under chapter 34.05 RCW shall govern the council's conduct of the adjudicative proceeding except as is otherwise provided by this chapter. The ex parte communications provisions of RCW 34.05.455 shall apply to the proceeding, except that members of the council and staff to the council may communicate with staff of state agencies having expertise on technical matters relating to the application. The council and the state agency advisory work group shall develop procedures for noting the substance of such communications in the course of the adjudicative proceeding, and for timely making this record accessible to the parties and the public.

(2) The applicant shall be a party to the adjudicative proceeding. A state or local agency responsible for administering a standard for which the applicant seeks a council variance shall also be a party. The council may permit any other person to intervene as a party only if the person, or the person's representative, appeared in person or in writing at a public hearing held by the council on the site certification application, or the person or representative seeks to raise new issues related to material differences between the draft proposed order and the proposed order. The council may impose limits on the intervenor's participation in the proceedings pursuant to RCW 34.05.443. Issues that may be the basis for an adjudicative proceeding are limited to those raised on the record of the public hearing, and issues regarding the adequacy of the draft environmental impact statement, unless:

(a) The director failed to follow the requirements of section 10 of this act; or

(b) The action recommended in the proposed order, including any recommended conditions of the approval, differs materially from that described in the draft proposed order, in which case only new issues related to such differences may be raised.

(3) If the applicant requests a material project change or changes, such as significant increases in generating capacity, level of air or water emissions, or other such changes that may have environmental or health and safety impacts, in the application after commencement of the adjudicatory hearing and before the council's final decision, the council may remand the application to the director for modification of the director's proposed order. The director shall hold a further public hearing on the changes to the application under the procedures of section 10 of this act.

(4) If no person requests party status to challenge the director's proposed order, the adjudicative proceeding shall be concluded. The director shall forward to the council the complete record of information obtained in the public hearing or hearings, any site studies or analyses prepared under this chapter or chapter 43.21C RCW, and written comments provided by any person concerning the application.

NEW SECTION. Sec. 12. (1) At the conclusion of the adjudicatory hearing, the council shall issue a proposed final order and provide public notice of the order. When an environmental impact statement under chapter 43.21C RCW is required on the application, the council shall issue a final statement that includes a response to public comments on the draft and any additional environmental impact information provided in the adjudicatory hearing. The council shall accept public comments on the proposed order and final environmental impact statement for a minimum of fourteen days following issuance of the notice, and shall include such comments in the record.

(2) The council shall thereafter consider the comments and expeditiously issue a final order, either approving or rejecting the application. The council may approve an application upon determining that:

(a) The public interest warrants state certification of the facility siting;

(b) All applicable state and local siting standards will be met or that the certification provides for a variance to applicable standards; and

(c) The application is consistent with the state energy policy in RCW 43.21F.015, and, if adopted and in effect at the time of the council decision, the revised state energy strategy required by chapter . . . (Senate Bill No. 5167), Laws of 2001.

(3) The council may include in the order a standard or requirement that constitutes a variance to an otherwise applicable state or local standard, upon finding that the variance will adequately protect against the harm sought to be prevented by the state or local standard being varied. In adopting such a variance the council shall seek to incorporate the substantive requirements of the state or local standard as nearly as is practicable.

(4) If approving the site certification, the final order shall include:

(a) Any conditions imposed upon site certification;

(b) An identification of all state and local standards applicable to the location of the facility, and the state agencies and local governments responsible for administering and monitoring compliance with the standards; and

(c) Those standards made applicable to the facility by the site certification that constitute variances to otherwise applicable state and local standards, and the state agencies or local governments responsible for administering and monitoring compliance with the standards constituting variances.

NEW SECTION. Sec. 13. (1) At the conclusion of the public hearing on the proposed final order, the council shall issue a final order, either approving or rejecting the application. The council's decision shall be based upon the public record and the final environmental impact statement. The council may include in the order a standard or requirement that constitutes a variance to an otherwise applicable state or local standard, upon finding that the variance will adequately protect against the harm sought to be prevented by the state or local standard being varied. In adopting such a variance the council shall seek to incorporate the substantive requirements of the state or local standard as nearly as is practicable.

(2) If approving the site certification, the final order shall include:

(a) Any conditions imposed upon site certification;

(3) The council shall make its decision on the final order by the affirmative vote of at least three members approving or rejecting an application for a site certification.

(4) Rejection or approval of an application, including any conditions imposed upon an approval, shall be subject to judicial review as provided by section 14 of this act.

NEW SECTION. Sec. 14. (1) A final order on an application for certification shall be subject to judicial review under chapter 34.05 RCW and this section. Petitions for review of such a decision shall be filed in the Thurston county superior court. All petitions for review of a decision under section 13 of this act shall be consolidated into a single proceeding before the Thurston county superior court. The Thurston county superior court shall certify the petition for review to the supreme court upon the following conditions:

(a) Review can be made on the administrative record;

(b) Fundamental and urgent interests affecting the public interest and development of energy facilities are involved which require a prompt determination;

(c) Review by the supreme court would likely be sought regardless of the determination of the Thurston county superior court; and

(d) The record is complete for review.

The Thurston county superior court shall assign a petition for review of a final order for hearing at the earliest possible date and shall expedite such petition in every way possible. If the court finds that review cannot be limited to the administrative record as set forth in (a) of this subsection because there are alleged irregularities in the procedure before the council not found in the record, but finds that the standards set forth in (b), (c), and (d) of this subsection are met, the court shall proceed to take testimony and determine such factual issues raised by the alleged irregularities and certify the petition and its determination of such factual issues to the supreme court. Upon certification, the supreme court shall assign the petition for hearing at the earliest possible date, and it shall expedite its review and decision in every way possible.

(2) Objections raised by any party in interest concerning procedural error by the council or director shall be filed with the council within sixty days of the commission of such error, or within thirty days of the first public hearing or meeting of the council or director at which the general subject matter to which the error is related is discussed, whichever comes later, or such objection shall be deemed waived for purposes of judicial review as provided in this section.

(3) The rules adopted by the council are subject to judicial review under chapter 34.05 RCW.

NEW SECTION. Sec. 15. (1) Any person required to file an application for certification of an energy facility under this chapter may apply to the council for an expedited processing of such an application. The application for expedited processing shall be submitted to the council in such form and manner and accompanied by such information as may be prescribed by council rule. The council may grant an applicant expedited processing of an application for certification upon finding that:

(a) The environmental impact of the proposed energy facility;

(b) The area potentially affected;

(d) The degree to which the proposed energy facility represents a change in use of the proposed site,

are not significant enough to warrant a full review of the application for certification under this chapter.

(2) Upon granting an applicant expedited processing of an application for certification, a notice of intent is not required and the council is not required to:

(a) Commission an independent study;

(b) Hold an adjudicative proceeding under chapter 34.05 RCW, on the application; nor

(3) The council shall adopt rules governing the expedited processing of an application for certification under this section.

NEW SECTION. Sec. 16. (1) Subject to the conditions set forth therein, any certification shall bind the state and each of its departments, agencies, divisions, bureaus, commissions, boards, and political subdivisions, as to the approval of the site and the construction and operation of the proposed energy facility.

(2) The certification shall authorize the person named therein to construct and operate the proposed energy facility subject only to the conditions set forth in such certification. The duration of the certification shall be the life of the facility.

(3) The certification shall contain conditions for the protection of the public health, safety, and environmental quality, and to ensure compliance with the standards identified in the final order. The certification shall also set a limit on the time for completion of construction, which shall be no greater than six years from the date of entry of the council final order or the final disposition of judicial review of the council decision, whichever occurs later. The time limit for completing construction may be extended by the council and director for good cause.

(4) The site certification shall require the applicant and administering agencies and local governments to abide by local ordinances, state laws, and rules of the council in effect on the date the site certification is executed, except that upon a clear showing of a significant threat to the public health, safety, or environmental quality that requires application of later-adopted laws or rules, the council may require compliance with such later-adopted laws or rules. The site certification shall also provide that, as for permits addressed in the site certification, the facility shall comply with applicable state and federal laws adopted in the future to the extent required by such laws.

(5) After issuance of the site certification and upon submission by the applicant of the proper applications and payment of the proper fees, each state agency, county, city, and political subdivision shall promptly issue the permits, licenses, or other approvals identified in the site certification, subject only to the conditions set forth in the site certification. After the site certification is issued, the only issue to be decided in an administrative or judicial review of a state agency or local government permit for which compliance with governing law was considered and determined in the site certification proceeding shall be whether the permit is consistent with the terms of the site certification.

(6) Each state agency or local government that issues a permit, license, or other approval shall continue to exercise enforcement authority over the permit, license, or other approval.

(7) Nothing in this chapter shall be construed to preempt the jurisdiction of any state agency or local government over matters that are not included in and governed by the site certification. Such matters which are not subject to preemption under this chapter include land management responsibilities of state agencies and local governments for publicly owned lands, employee health and safety, building and fire code compliance, road construction standards, wage and hour or other labor regulations, water rights permits or changes, local government fees and charges, or other design or operational issues that do not relate to siting the facility.

NEW SECTION. Sec. 17. (1) No city or county comprehensive plan or zoning ordinance may preclude the siting of energy facilities.

(2) The council may adopt standards by rule to guide cities and counties in determining whether a particular comprehensive plan or zoning ordinance provision may have a preclusionary effect on the siting of one or more types of energy facilities. In adopting the rules the council should be guided by the administrative and judicial standards developed regarding the siting of essential public facilities under RCW 36.70A.200.

NEW SECTION. Sec. 18. In reviewing and making decisions under this chapter regarding an application that includes transmission facilities for petroleum products, the council shall give appropriate weight to city or county facility siting standards adopted for the protection of sole source aquifers.

Sec. 19. RCW 80.50.100 and 1989 c 175 s 174 are each amended to read as follows:

(1) The council shall report to the governor its recommendations as to the approval or rejection of an application for certification within twelve months of receipt by the council of such an application, or such later time as is mutually agreed by the council and the applicant. If the council recommends approval of an application for certification, it shall also submit a draft certification agreement with the report. The council shall include conditions in the draft certification agreement to implement the provisions of this chapter, including, but not limited to, conditions to protect state or local governmental or community interests affected by the construction or operation of the energy facility, and conditions designed to recognize the purpose of laws or ordinances, or rules or regulations promulgated thereunder, that are preempted or superseded pursuant to RCW 80.50.110 as now or hereafter amended.

(2) Within sixty days of receipt of the council's report the governor shall take one of the following actions:

(a) Approve the application and execute the draft certification agreement; or

(b) Reject the application; or

The council shall reconsider such aspects of the draft certification agreement by reviewing the existing record of the application or, as necessary, by reopening the adjudicative proceeding for the purposes of receiving additional evidence. Such reconsideration shall be conducted expeditiously. The council shall resubmit the draft certification to the governor incorporating any amendments deemed necessary upon reconsideration. Within sixty days of receipt of such draft certification agreement, the governor shall either approve the application and execute the certification agreement or reject the application. The certification agreement shall be binding upon execution by the governor and the applicant.

(3) The rejection of an application for certification by the governor shall be final as to that application but shall not preclude submission of a subsequent application for the same site on the basis of changed conditions or new information.

(4) This section applies only to council recommendations first reported to the governor on or before May 1, 2001. The council created by section 3 of this act shall conduct any reconsideration and further proceedings under subsection (2) of this section when the governor on or after October 1, 2001, directs such reconsideration.

NEW SECTION. Sec. 20. (1) An application filed with the energy facility site evaluation council before January 1, 2001, may elect to have the application processed and a decision made based upon the laws in effect after October 1, 2001. However, the applicant shall make the election in writing before July 1, 2001.

(2) For applications filed with the energy facility site evaluation council before October 1, 2001, other than those described under subsection (1) of this section and those provided expedited processing under section 32 of this act, the council and council staff may initiate any preliminary site studies, environmental studies, and public information meetings, but shall not commence an adjudicatory hearing. The hearing and determination under RCW 80.50.090 is not applicable to such applications.

NEW SECTION. Sec. 21. All rules of the energy facility site evaluation council as it exists before October 1, 2001, remain in full force and effect for applications filed with the council before October 1, 2001, and may be adopted, modified, or rescinded by the council as it exists after October 1, 2001, in implementing the provisions of sections 1 through 18 of this act.

NEW SECTION. Sec. 22. Monitoring responsibilities concerning site certifications entered before October 1, 2001, shall be transferred to those agencies responsible for the applicable standards and permits. Certificate holders shall reimburse such agencies for the performance of their monitoring and enforcement duties.

NEW SECTION. Sec. 23. The legislature intends that section 22 of this act be used to facilitate the continued monitoring and enforcement of site certificates created under chapter 80.50 RCW and the certificates issued during the transition from chapter 80.50 RCW to the new process created in this act.

NEW SECTION. Sec. 24. (1) The courts are authorized to grant such restraining orders, and such temporary and permanent injunctive relief as is necessary to secure compliance with this chapter and/or with a site certification agreement issued under this chapter. The court may assess civil penalties in an amount not less than one thousand dollars per day nor more than twenty-five thousand dollars per day for each day of construction or operation in material violation of this chapter, or in material violation of any site certification agreement issued under this chapter. The court may charge the expenses of an enforcement action relating to a site certification agreement under this section, including, but not limited to, expenses incurred for legal services and expert testimony, against any person found to be in material violation of the provisions of such certification. However, the expenses of a person found not to be in material violation of the provisions of such certification, including, but not limited to, expenses incurred for legal services and expert testimony, may be charged against the person or persons bringing an enforcement action or other action under this section.

(2) Willful violation of any provision of this chapter is a gross misdemeanor.

(3) Any person knowingly making any false statement, representation, or certification in any document submitted to the council or director for a purpose described in this chapter is guilty of a crime, and upon conviction thereof shall be punished by a fine of up to ten thousand dollars and costs of prosecution.

(4) Every person who violates the provisions of certificates and permits issued or administered by the council shall incur, in addition to any other penalty as provided by law, a penalty in an amount of up to five thousand dollars a day for every such violation. Each and every such violation shall be a separate and distinct offense, and in case of a continuing violation, every day's continuance is a separate and distinct violation. Every act of commission or omission which procures, aids, or abets in the violation is considered a violation under this section and subject to the penalty provided in this section. The penalty provided in this section shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the same from the council describing such violation with reasonable particularity. The council may, upon written application therefor received within fifteen days after notice imposing any penalty is received by the person incurring the penalty, and when deemed in the best interest to carry out the purposes of this chapter, remit or mitigate any penalty provided in this section upon such terms as the council deems proper, and has authority to ascertain the facts upon all such applications in such manner and under such regulations as it may deem proper. Any person incurring any penalty under this section may appeal the penalty to the council. Appeals shall be filed within thirty days of receipt of notice imposing any penalty unless an application for remission or mitigation is made to the council. When an application for remission or mitigation is made, such appeals shall be filed within thirty days of receipt of notice from the council setting forth the disposition of the application. Any penalty imposed under this section becomes due and payable thirty days after receipt of a notice imposing the same unless application for remission or mitigation is made or an appeal is filed. When an application for remission or mitigation is made, any penalty incurred under this section becomes due and payable thirty days after receipt of notice setting forth the disposition of the application unless an appeal is filed from such disposition. Whenever an appeal of any penalty incurred under this section is filed, the penalty becomes due and payable only upon completion of all review proceedings and the issuance of a final order confirming the penalty in whole or in part. If the amount of any penalty is not paid to the council within thirty days after it becomes due and payable, the attorney general, upon the request of the council, shall bring an action in the name of the state of Washington in the superior court of Thurston county or of any county in which such violator may do business, to recover such penalty. In all such actions the procedure and rules of evidence are the same as an ordinary civil action except as otherwise provided in this chapter. All penalties recovered under this section shall be paid into the state treasury and credited to the general fund.

(5) Civil proceedings to enforce this chapter may be brought by the attorney general or the prosecuting attorney of any county affected by the violation on his or her own motion or at the request of the council. Criminal proceedings to enforce this chapter may be brought by the prosecuting attorney of any county affected by the violation on his or her own motion or at the request of the council.

(6) The remedies and penalties in this section, both civil and criminal, shall be cumulative and shall be in addition to any other penalties and remedies available at law, or in equity, to any person.

Sec. 25. RCW 80.50.030 and 1996 c 186 s 108 are each amended to read as follows:

(1) There is created and established the energy facility site evaluation council.

(2)(a) The chairman of the council shall be appointed by the governor with the advice and consent of the senate, shall have a vote on matters before the council, shall serve for a term coextensive with the term of the governor, and is removable for cause. The chairman may designate a member of the council to serve as acting chairman in the event of the chairman's absence. The chairman is a "state employee" for the purposes of chapter 42.52 RCW. As applicable, when attending meetings of the council, members may receive reimbursement for travel expenses in accordance with RCW 43.03.050 and 43.03.060, and are eligible for compensation under RCW 43.03.250.

(b) The chairman or a designee shall execute all official documents, contracts, and other materials on behalf of the council. The Washington state department of community, trade, and economic development shall provide all administrative and staff support for the council. The director of the department of community, trade, and economic development has supervisory authority over the staff of the council and shall employ such personnel as are necessary to implement this chapter. Not more than three such employees may be exempt from chapter 41.06 RCW.

(3)(a) The council shall consist of the directors, administrators, or their designees, of the following departments, agencies, commissions, and committees or their statutory successors:

((~~(a)~~)) (i) Department of ecology;

((~~(b)~~)) (ii) Department of fish and wildlife;

((~~(c) Department of health;~~

~~(d) Military department;~~

~~(e)~~)) (iii) Department of community, trade, and economic development;

((~~(f)~~)) (iv) Utilities and transportation commission;

((~~(g)~~)) (v) Department of natural resources((;

~~(h) Department of agriculture;~~

~~(i) Department of transportation~~)).

(b) The following departments, agencies, commissions, and committees or their statutory successors may, at their own discretion, participate as full members of the council:

(i) Department of health;

(ii) Military department;

(iii) Department of agriculture; and

(iv) Department of transportation.

(4) The appropriate county legislative authority of every county wherein an application for a proposed site is filed shall appoint a member or designee as a voting member to the council. The member or designee so appointed shall sit with the council only at such times as the council considers the proposed site for the county which he or she represents, and such member or designee shall serve until there has been a final acceptance or rejection of the proposed site.

(5) The city legislative authority of every city within whose corporate limits an energy plant is proposed to be located shall appoint a member or designee as a voting member to the council. The member or designee so appointed shall sit with the council only at such times as the council considers the proposed site for the city which he or she represents, and such member or designee shall serve until there has been a final acceptance or rejection of the proposed site.

(6) For any port district wherein an application for a proposed port facility is filed subject to this chapter, the port district shall appoint a member or designee as a nonvoting member to the council. The member or designee so appointed shall sit with the council only at such times as the council considers the proposed site for the port district which he or she represents, and such member or designee shall serve until there has been a final acceptance or rejection of the proposed site. The provisions of this subsection shall not apply if the port district is the applicant, either singly or in partnership or association with any other person.

Sec. 26. RCW 90.48.262 and 1975‑'76 2nd ex.s. c 108 s 41 are each amended to read as follows:

((~~(1)~~)) The powers established under RCW 90.48.260 shall be implemented by the department through the adoption of rules in every appropriate situation. The permit program authorized under RCW 90.48.260(1) shall constitute a continuation of the established permit program of RCW 90.48.160 and other applicable sections within chapter 90.48 RCW. The appropriate modifications as authorized in ((~~this 1973 amendatory act~~)) RCW 90.48.010, 90.48.120, 90.48.140, 90.48.144, 90.48.160, and 90.48.260 are designed to avoid duplication and other wasteful practices and to insure that the state permit program contains all required elements of and is compatible with the requirements of any national permit system.

(((2) Permits for energy facilities subject to chapter 80.50 RCW shall be issued by the energy facility site evaluation council: PROVIDED, That such permits shall become effective only if the governor approves an application for certification and executes a certification agreement pursuant to said chapter. The council shall have all powers necessary to establish and administer a point source discharge permit program pertaining to such plants, consistent with applicable receiving water quality standards established by the department, and to qualify for full participation in any national waste discharge or pollution discharge elimination permit system. The council and the department shall each adopt, by rules, procedures which will provide maximum coordination and avoid duplication between the two agencies with respect to permits in carrying out the requirements of this act including, but not limited to, monitoring and enforcement of certification agreements, and in qualifying for full participation in any such national system.))

Sec. 27. RCW 90.48.160 and 1989 c 293 s 2 are each amended to read as follows:

Any person who conducts a commercial or industrial operation of any type which results in the disposal of solid or liquid waste material into the waters of the state, including commercial or industrial operators discharging solid or liquid waste material into sewerage systems operated by municipalities or public entities which discharge into public waters of the state, shall procure a permit from ((~~either~~)) the department ((~~or the thermal power plant site evaluation council as provided in RCW 90.48.262(2)~~)) before disposing of such waste material: PROVIDED, That this section shall not apply to any person discharging domestic sewage only into a sewerage system.

The department may, through the adoption of rules, eliminate the permit requirements for disposing of wastes into publicly operated sewerage systems for:

(1) Categories of or individual municipalities or public corporations operating sewerage systems; or

(2) Any category of waste disposer;

if the department determines such permit requirements are no longer necessary for the effective implementation of this chapter. The department may by rule eliminate the permit requirements for disposing of wastes by upland finfish rearing facilities unless a permit is required under the federal clean water act's national pollutant discharge elimination system.

Sec. 28. RCW 90.48.260 and 1988 c 220 s 1 are each amended to read as follows:

The department of ecology is hereby designated as the State Water Pollution Control Agency for all purposes of the federal clean water act as it exists on February 4, 1987, and is hereby authorized to participate fully in the programs of the act as well as to take all action necessary to secure to the state the benefits and to meet the requirements of that act. With regard to the national estuary program established by section 320 of that act, the department shall exercise its responsibility jointly with the Puget Sound ((~~water quality authority~~)) action team. The powers granted herein include, among others, and notwithstanding any other provisions of chapter 90.48 RCW or otherwise, the following:

(1) Complete authority to establish and administer a comprehensive state point source waste discharge or pollution discharge elimination permit program which will enable the department to qualify for full participation in any national waste discharge or pollution discharge elimination permit system and will allow the department to be the sole agency issuing permits required by such national system operating in the state of Washington ((~~subject to the provisions of RCW 90.48.262(2)~~)). Program elements authorized herein may include, but are not limited to: (a) Effluent treatment and limitation requirements together with timing requirements related thereto; (b) applicable receiving water quality standards requirements; (c) requirements of standards of performance for new sources; (d) pretreatment requirements; (e) termination and modification of permits for cause; (f) requirements for public notices and opportunities for public hearings; (g) appropriate relationships with the secretary of the army in the administration of his responsibilities which relate to anchorage and navigation, with the administrator of the environmental protection agency in the performance of his duties, and with other governmental officials under the federal clean water act; (h) requirements for inspection, monitoring, entry, and reporting; (i) enforcement of the program through penalties, emergency powers, and criminal sanctions; (j) a continuing planning process; and (k) user charges.

(2) The power to establish and administer state programs in a manner which will insure the procurement of moneys, whether in the form of grants, loans, or otherwise; to assist in the construction, operation, and maintenance of various water pollution control facilities and works; and the administering of various state water pollution control management, regulatory, and enforcement programs.

(3) The power to develop and implement appropriate programs pertaining to continuing planning processes, areawide waste treatment management plans, and basin planning.

The governor shall have authority to perform those actions required of him or her by the federal clean water act.

NEW SECTION. Sec. 29. A new section is added to chapter 82.16 RCW to read as follows:

(1) The department will determine the amount of revenue collected under RCW 82.16.020(1) (b) and (c) every year beginning July 1, 2001.

(2) Every year beginning July 1, 2002, ten percent of the moneys collected under RCW 82.16.020(1) (b) and (c), that exceed one hundred five percent of the prior calendar year's collections, will be deposited on or before October 1st of that year into the energy permit assistance account created under section 31 of this act.

Sec. 30. RCW 82.12.022 and 1994 c 124 s 9 are each amended to read as follows:

(1) There is hereby levied and there shall be collected from every person in this state a use tax for the privilege of using natural gas or manufactured gas within this state as a consumer.

(2) The tax shall be levied and collected in an amount equal to the value of the article used by the taxpayer multiplied by the rate in effect for the public utility tax on gas distribution businesses under RCW 82.16.020. The "value of the article used" does not include any amounts that are paid for the hire or use of a gas distribution business as defined in RCW 82.16.010(7) in transporting the gas subject to tax under this subsection if those amounts are subject to tax under that chapter.

(3) The tax levied in this section shall not apply to the use of natural or manufactured gas delivered to the consumer by other means than through a pipeline.

(4) The tax levied in this section shall not apply to the use of natural or manufactured gas if the person who sold the gas to the consumer has paid a tax under RCW 82.16.020 with respect to the gas for which exemption is sought under this subsection.

(5) There shall be a credit against the tax levied under this section in an amount equal to any tax paid by:

(a) The person who sold the gas to the consumer when that tax is a gross receipts tax similar to that imposed pursuant to RCW 82.16.020 by another state with respect to the gas for which a credit is sought under this subsection; or

(b) The person consuming the gas upon which a use tax similar to the tax imposed by this section was paid to another state with respect to the gas for which a credit is sought under this subsection.

(6) The use tax hereby imposed shall be paid by the consumer to the department.

(7) There is imposed a reporting requirement on the person who delivered the gas to the consumer to make a quarterly report to the department. Such report shall contain the volume of gas delivered, name of the consumer to whom delivered, and such other information as the department shall require by rule.

(8)(a) The department will determine the amount of revenue collected under this section every year beginning July 1, 2001.

(b) Every year beginning July 1, 2002, ten percent of the moneys collected under this section, that exceed one hundred five percent of the prior calendar year's collections, will be deposited on or before October 1st of that year into the energy permit assistance account created under section 31 of this act.

(9) The department may adopt rules under chapter 34.05 RCW for the administration and enforcement of sections 1 through 6, chapter 384, Laws of 1989.

NEW SECTION. Sec. 31. (1) The energy permit assistance account is created in the custody of the state treasurer. The moneys calculated under section 29(2) of this act and RCW 82.12.022(8)(b) must be deposited into the account. Only the director may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

(2)(a) The director will allocate the money to cover up to fifty percent of the permit cost for a qualified applicant.

(b) For the purposes of this section, a "qualified applicant" means a person who files an application for site certification, under this chapter, who seeks to site an energy generation facility that: (i) Exclusively uses a renewable resource; (ii) utilizes a combustion turbine power plant or a cogeneration facility that meets or exceeds a carbon dioxide standard as established by the department of ecology.

(c) The council and the department of ecology may adopt rules necessary to administer this section, including reasonable guidelines for determining which applicants qualify for assistance.

NEW SECTION. Sec. 32. A new section is added to chapter 80.50 RCW to read as follows:

(1) Before August 1, 2001, the council may accept applications for filing other than those described under section 20 of this act, where the council determines that:

(a) The application is for the construction of a stationary thermal power plant, or a generating facility described under subsection (2) of this section;

(b) The application is likely to qualify for expedited processing under RCW 80.50.075;

(c) That the city or county in which the facility is proposed for construction has informed the council that the facility is likely to be determined to be consistent with all applicable local land use zoning and siting standards; and

(d) The application may be processed and a recommendation made to the governor on or before September 1, 2001.

(2) A person proposing to construct any of the following facilities may request the council to accept an application under subsection (1) of this section:

(a) Stationary thermal power plants with a generating capacity from twenty-five thousand to two hundred forty-nine thousand kilowatts; and

(b) Energy facilities that exclusively use renewable resources with a generating capacity greater than one thousand kilowatts. Renewable resources include water, wind, solar energy, geothermal energy, landfill gas, or biomass energy from forest, field residue, or dedicated crops. When accepted for filing under subsection (1) of this section, the application shall be processed as applications for other energy facilities under this chapter, and shall be in lieu of any other siting procedures or requirements under state or local law.

(3) The council shall place a priority upon accepting applications under this section for facilities that, if approved for certification, are likely to be constructed and placed into operation by December 1, 2002.

(4) When an application is accepted for filing by the council under this section, the council shall have thirty days to determine whether the application qualifies for expedited processing under the provisions of RCW 80.50.075. If determined to so qualify, the council shall process the application and make its recommendations to the governor on or before September 1, 2001. If determined not to qualify for expedited processing, the council shall process the application under section 20(2) of this act.

(5) An application filed under this section may be withdrawn by the applicant at any time.

(6) From funds appropriated to the council for this purpose, the council may make grants to local governments and state agencies.

(7) This section expires October 1, 2003.

NEW SECTION. Sec. 33. (1) The sum of . . . . . . dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2001, from the general fund to the department of community, trade, and economic development for the purposes of implementing section 32 of this act.

(2) The sum of . . . . . . dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2002, from the general fund to the department of community, trade, and economic development for the purposes of implementing section 32 of this act.

NEW SECTION. Sec. 34. RCW 80.50.160, 80.50.300, and 80.50.310 are each recodified as sections in chapter 80.52 RCW.

NEW SECTION. Sec. 35. The following acts or parts of acts are each repealed:

(1) RCW 80.50.010 (Legislative finding--Policy--Intent) and 1996 c 4 s 1, 1975-'76 2nd ex.s. c 108 s 29, & 1970 ex.s. c 45 s 1;

(2) RCW 80.50.020 (Definitions) and 1995 c 69 s 1, 1977 ex.s. c 371 s 2, 1975-'76 2nd ex.s. c 108 s 30, & 1970 ex.s. c 45 s 2;

(3) RCW 80.50.030 (Energy facility site evaluation council--Created--Membership--Support) and 1996 c 186 s 108;

(4) RCW 80.50.040 (Energy facility site evaluation council--Powers enumerated) and 1990 c 12 s 4, 1985 c 67 s 2, 1979 ex.s. c 254 s 1, 1977 ex.s. c 371 s 4, 1975-'76 2nd ex.s. c 108 s 32, & 1970 ex.s. c 45 s 4;

(5) RCW 80.50.060 (Energy facilities to which chapter applies--Applications for certification--Forms--Information) and 1977 ex.s. c 371 s 5, 1975-'76 2nd ex.s. c 108 s 34, & 1970 ex.s. c 45 s 6;

(6) RCW 80.50.071 (Council to receive applications--Fees or charges for application processing or certification monitoring) and 1977 ex.s. c 371 s 16;

(7) RCW 80.50.075 (Expedited processing of applications) and 1989 c 175 s 172 & 1977 ex.s. c 371 s 17;

(8) RCW 80.50.080 (Counsel for the environment) and 1977 ex.s. c 371 s 6 & 1970 ex.s. c 45 s 8;

(9) RCW 80.50.090 (Public hearings) and 1989 c 175 s 173 & 1970 ex.s. c 45 s 9;

(10) RCW 80.50.100 (Recommendations to governor--Approval or rejection of certification--Reconsideration) and 1989 c 175 s 174, 1977 ex.s. c 371 s 8, 1975-'76 2nd ex.s. c 108 s 36, & 1970 ex.s. c 45 s 10;

(11) RCW 80.50.105 (Transmission facilities for petroleum products‑‑Recommendations to governor) and 1991 c 200 s 1112;

(12) RCW 80.50.110 (Chapter governs and supersedes other law or regulations--Preemption of regulation and certification by state) and 1975-'76 2nd ex.s. c 108 s 37 & 1970 ex.s. c 45 s 11;

(13) RCW 80.50.120 (Effect of certification) and 1977 ex.s. c 371 s 10, 1975-'76 2nd ex.s. c 108 s 38, & 1970 ex.s. c 45 s 12;

(14) RCW 80.50.130 (Revocation or suspension of certification--Grounds) and 1970 ex.s. c 45 s 13;

(15) RCW 80.50.140 (Review) and 1988 c 202 s 62, 1981 c 64 s 3, 1977 ex.s. c 371 s 11, & 1970 ex.s. c 45 s 14;

(16) RCW 80.50.150 (Enforcement of compliance--Penalties) and 1979 ex.s. c 254 s 2, 1979 c 41 s 1, 1977 ex.s. c 371 s 12, & 1970 ex.s. c 45 s 15;

(17) RCW 80.50.175 (Study of potential sites--Fee--Disposition of payments) and 1983 c 3 s 205, 1977 ex.s. c 371 s 13, 1975-'76 2nd ex.s. c 108 s 40, & 1974 ex.s. c 110 s 2;

(18) RCW 80.50.180 (Proposals and actions by other state agencies and local political subdivisions pertaining to energy facilities exempt from "detailed statement" required by RCW 43.21C.030) and 1977 ex.s. c 371 s 14;

(19) RCW 80.50.190 (Disposition of receipts from applicants) and 1977 ex.s. c 371 s 15;

(20) RCW 80.50.900 (Severability--1970 ex.s. c 45) and 1970 ex.s. c 45 s 17;

(21) RCW 80.50.901 (Severability--1974 ex.s. c 110) and 1974 ex.s. c 110 s 3;

(22) RCW 80.50.902 (Severability--1977 ex.s. c 371) and 1977 ex.s. c 371 s 20;

(23) RCW 80.50.903 (Severability--1996 c 4) and 1996 c 4 s 5; and

(24) RCW 80.50.904 (Effective date--1996 c 4) and 1996 c 4 s 6.

NEW SECTION. Sec. 36. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 37. Sections 1 through 18, 20 through 22, 24, and 31 of this act constitute a new chapter in Title 80 RCW.

NEW SECTION. Sec. 38. Sections 1 through 18, 20 through 24, and 26 through 28 of this act take effect October 1, 2001.

NEW SECTION. Sec. 39. Sections 19, 25, 32, and 33 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately.

NEW SECTION. Sec. 40. Sections 29 through 31 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2001.

NEW SECTION. Sec. 41. Section 35 of this act takes effect October 1, 2003.

NEW SECTION. Sec. 42. Sections 29 through 31 of this act expire June 30, 2005.