BILL REQ. #:  S-5635.1 

READ FIRST TIME 02/28/08.   

     AN ACT Relating to generating electricity from tidal and wave energy; and adding a new section to chapter 43.31 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 43.31 RCW to read as follows:
     (1) The department of ecology must establish a wave and tidal energy work group consisting of, but not limited to, representatives from:
     (a) The energy facility site evaluation council;
     (b) The department of natural resources;
     (c) The department of ecology;
     (d) The department of fish and wildlife;
     (e) The utilities and transportation commission;
     (f) A wave energy company or tidal energy company, or both;
     (g) A wave energy industry association or tidal energy industry association, or both;
     (h) Either a state or private university researching wave energy or a state or private university researching tidal energy, or both;
     (i) The Northwest Indian fisheries commission;
     (j) An electrical utility; and
     (k) A local government.
     (2) The work group must organize and facilitate a stakeholder review of issues relating to the siting and operation of tidal and wave energy projects. Included within the review should be each state agency with regulatory or proprietary jurisdiction over the projects or sites on which projects are located, federal agencies with such jurisdiction, tribes, project sponsors, utilities purchasing power from or sponsoring such projects, nongovernmental organizations concerned with responsible stewardship of the marine environment, citizens, and local governments. The review must consider and build on the efforts of the interagency work group that has been examining these issues over the past year.
     (3) The work group must organize the review to address at a minimum the following:
     (a) Applicable state and federal regulatory and aquatic land proprietary management requirements, and ways to improve coordination and the timeline of reviews and approvals;
     (b) Determining the scope of an appropriate programmatic environmental analysis of tidal and wave energy technologies to develop a foundation for state review of proposed projects; and
     (c) Current state policies regarding such projects and the need, if any, for a comprehensive state policy.
     (4) The work group must provide a report from the stakeholders and agencies, together with any recommendations for environmental analysis and administrative or legislative changes, to the governor and appropriate committees of the senate and house of representatives by December 31, 2008.