BILL REQ. #:  H-0482.1 

Read first time 01/20/11.   Referred to Committee on Technology, Energy & Communications.

     AN ACT Relating to siting of wind energy projects; amending RCW 80.50.071; adding a new section to chapter 36.01 RCW; adding a new section to chapter 35.63 RCW; and adding a new section to chapter 35A.63 RCW.

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

Sec. 1   RCW 80.50.071 and 2010 c 152 s 3 are each amended to read as follows:
     (1) The council shall receive all applications for energy facility site certification. Each applicant shall pay such reasonable costs as are actually and necessarily incurred by the council in processing an application.
     (a) Each applicant shall, at the time of application submission, deposit fifty thousand dollars, or such greater amount as may be specified by the council after consultation with the applicant. Costs that may be charged against the deposit include, but are not limited to, independent consultants' costs, councilmember's wages, employee benefits, costs of a hearing examiner, costs of a court reporter, staff salaries, wages and employee benefits, goods and services, travel expenses, and miscellaneous direct expenses as arise directly from processing an application.
     (b) The council may commission its own independent consultant study to measure the consequences of the proposed energy facility on the environment or any matter that it deems essential to an adequate appraisal of the site. The council shall provide an estimate of the cost of the study to the applicant and consider applicant comments.
     (c) The council shall submit to each applicant a statement of such expenditures made during the preceding calendar quarter which shall be in sufficient detail to explain such expenditures. The applicant shall pay the state treasurer the amount of such statement to restore the total amount on deposit to the originally established level: PROVIDED, That such applicant may, at the request of the council, increase the amount of funds on deposit to cover anticipated expenses during peak periods of application processing. Any funds remaining unexpended at the conclusion of application processing shall be refunded to the applicant, or at the applicant's option, credited against required deposits of certificate holders.
     (2) Each certificate holder shall pay such reasonable costs as are actually and necessarily incurred by the council for inspection and determination of compliance by the certificate holder with the terms of the certification relative to monitoring the effects of construction, operation, and site restoration of the facility.
     (a) Each certificate holder, within thirty days of execution of the site certification agreement, shall have on deposit fifty thousand dollars, or such greater amount as may be specified by the council after consultation with the certificate holder. Costs that may be charged against the deposit include, but are not limited to, those specified in subsection (1)(a) of this section as arise from inspection and determination of compliance by the certificate holder with the terms of the certification.
     (b) The council shall submit to each certificate holder a statement of such expenditures actually made during the preceding calendar quarter which shall be in sufficient detail to explain such expenditures. The certificate holder shall pay the state treasurer the amount of such statement to restore the total amount on deposit to the originally established level: PROVIDED, That if the actual expenditures for inspection and determination of compliance in the preceding calendar quarter have exceeded the amount of funds on deposit, such excess costs shall be paid by the certificate holder.
     (3) If an applicant or certificate holder fails to provide the initial deposit, or if subsequently required payments are not received within thirty days following receipt of the statement from the council, 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.
     (4) All payments required of the applicant or certificate holder under this section are to be made to the state treasurer who shall make payments as instructed by the council from the funds submitted. All such funds shall be subject to state auditing procedures. Any unexpended portions thereof shall be returned to the applicant or certificate holder.
     (5)(a) Upon receipt of an application for an energy facility site certification proposing a wind energy project, the council shall notify in writing the United States department of defense. The notification shall include, but not be limited to, the following:
     (i) A description of the proposed wind energy project;
     (ii) The location of the site;
     (iii) The number and placement of wind turbines on the site; and
     (iv) Contact information of the council and the applicant.
     (b) The purpose of the written notification is to provide an opportunity for the United States department of defense to comment upon the application, identifying potential issues relating to the placement of wind turbines and the performance of department of defense radar systems, before a site certification application is approved.
     (c) The council shall provide a copy of the written notification to the member of the United States house of representatives who represents the area in which the proposed wind energy project may be located.

NEW SECTION.  Sec. 2   A new section is added to chapter 36.01 RCW to read as follows:
     (1) Upon receipt of an application for a permit to site a wind energy project, the county shall notify in writing the United States department of defense. The notification shall include, but not be limited to, the following:
     (a) A description of the proposed wind energy project;
     (b) The location of the site;
     (c) The number and placement of wind turbines on the site; and
     (d) Contact information of the county permitting authority and the applicant.
     (2) The purpose of the written notification is to provide an opportunity for the United States department of defense to comment upon the application, identifying potential issues relating to the placement of wind turbines and the performance of department of defense radar systems, before a permit application is approved.
     (3) The county shall provide a copy of the written notification to the member of the United States house of representatives who represents the area in which the proposed wind energy project may be located.

NEW SECTION.  Sec. 3   A new section is added to chapter 35.63 RCW to read as follows:
     (1) Upon receipt of an application for a permit to site a wind energy project, the city or town shall notify in writing the United States department of defense. The notification shall include, but not be limited to, the following:
     (a) A description of the proposed wind energy project;
     (b) The location of the site;
     (c) The number and placement of wind turbines on the site; and
     (d) Contact information of the county permitting authority and the applicant.
     (2) The purpose of the written notification is to provide an opportunity for the United States department of defense to comment upon the application, identifying potential issues relating to the placement of wind turbines and the performance of department of defense radar systems, before a permit application is approved.
     (3) The city or town shall provide a copy of the written notification to the member of the United States house of representatives who represents the area in which the proposed wind energy project may be located.

NEW SECTION.  Sec. 4   A new section is added to chapter 35A.63 RCW to read as follows:
     (1) Upon receipt of an application for a permit to site a wind energy project, the city shall notify in writing the United States department of defense. The notification shall include, but not be limited to, the following:
     (a) A description of the proposed wind energy project;
     (b) The location of the site;
     (c) The number and placement of wind turbines on the site; and
     (d) Contact information of the county permitting authority and the applicant.
     (2) The purpose of the written notification is to provide an opportunity for the United States department of defense to comment upon the application, identifying potential issues relating to the placement of wind turbines and the performance of department of defense radar systems, before a permit application is approved.
     (3) The city shall provide a copy of the written notification to the member of the United States house of representatives who represents the area in which the proposed wind energy project may be located.