BILL REQ. #:  S-0953.1 

Read first time 01/31/11.   Referred to Committee on Environment, Water & Energy.

     AN ACT Relating to promoting the development and construction of nuclear energy facilities; amending RCW 80.50.075; adding a new section to chapter 43.21F RCW; creating new sections; and providing an expiration date.

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

NEW SECTION.  Sec. 1   The legislature finds that advances in technology have created opportunities for establishing additional nuclear-generated power in Washington. Nuclear-generated power has the potential to increase utilization of alternative energy, provide additional power for converting Washington's motor vehicle fleet to electric cars, and reduce greenhouse gas emissions. Nuclear power also provides additional baseload electric generation that can serve as backup power for intermittent renewable resources, such as wind and solar, while providing for innovation and deployment of new technologies. The legislature also finds that the Tri-Cities area is a recognized leader in nuclear research and innovation and provides a ready pool of expertise the state can draw on to further advance the development of nuclear-generated power. Construction of additional nuclear-generated power will also create good family-wage construction and operational jobs and provide opportunities for the next generation of nuclear engineers, scientists, and researchers. The legislature intends to expedite the regulatory processes and provide incentives for establishing additional nuclear-generated power in Washington.

NEW SECTION.  Sec. 2   A new section is added to chapter 43.21F RCW to read as follows:
     (1) The state shall commit to the following goals for construction of nuclear energy facilities to provide additional in-state energy production:
     (a) By 2020, at least one nuclear energy facility;
     (b) By 2030, at least three nuclear energy facilities; and
     (c) By 2040, at least five nuclear energy facilities.
     (2) By December 31st of each even-numbered year, the department must report to the governor and the legislature on the progress of meeting the goals established in this section.

Sec. 3   RCW 80.50.075 and 2006 c 205 s 2 are each amended to read as follows:
     (1) Any person filing an application for certification of an energy facility or an alternative energy resource facility pursuant to 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 the environmental impact of the proposed energy facility is not significant or will be mitigated to a nonsignificant level under RCW 43.21C.031 and the project is found under RCW 80.50.090(2) to be consistent and in compliance with city, county, or regional land use plans or zoning ordinances. For a nuclear power facility where the primary purpose is to produce and sell electricity, the council must grant an applicant expedited processing of an application for certification if the governor joins in the request for an expedited process or the legislature adopts a joint memorial supporting the request for an expedited process.
     (2) Upon granting an applicant expedited processing of an application for certification, the council shall not be required to:
     (a) Commission an independent study to further measure the consequences of the proposed energy facility or alternative energy resource facility on the environment, notwithstanding the other provisions of RCW 80.50.071; nor
     (b) Hold an adjudicative proceeding under chapter 34.05 RCW, the administrative procedure act, on the application.
     (3) The council shall adopt rules governing the expedited processing of an application for certification pursuant to this section.

NEW SECTION.  Sec. 4   (1)(a) A joint legislative task force on nuclear energy is established, with nine members as provided in this subsection:
     (i) The majority leader of the senate shall appoint one member from each of the two largest caucuses of the senate;
     (ii) The speaker of the house of representatives shall appoint one member from each of the two largest caucuses of the house of representatives; and
     (iii) The governor shall appoint five members including:
     (A) Three individuals with expertise in nuclear energy;
     (B) One member representing executive branch agencies; and
     (C) One member representing a joint operating agency organized under chapter 43.52 RCW.
     (b) The majority leader of the senate and the speaker of the house of representatives jointly shall appoint the cochairs of the task force from among the legislative members of the task force. The cochairs shall convene the initial meeting of the task force. A steering committee consisting of the legislative members of the task force shall advise the cochairs on the meetings and other activities of the task force.
     (2) The task force shall study the feasibility of pursuing additional nuclear-generated power in Washington including, but not limited to, the following:
     (a) An examination of advanced nuclear power reactors including, but not limited to, generations III, IV, and small modular nuclear technologies;
     (b) A review of the advanced nuclear technologies that are in operation in other countries;
     (c) An examination of the methods by which spent fuel may be recycled, converted, or disposed of;
     (d) A review of the safety issues associated with operating and maintaining advanced nuclear power reactors;
     (e) The estimated cost per kilowatt hour of nuclear energy generated by an advanced nuclear power reactor as compared to other lower carbon energy resources, such as wind, solar, and hydroelectric;
     (f) An examination of the licensing, permitting, or other regulatory costs associated with constructing advanced nuclear power reactors in the state and methods to expedite the licensing, permitting, and regulatory compliance processes;
     (g) A review of potential federal incentives that may be available to support advanced nuclear power reactor projects in Washington;
     (h) A review of integrating additional nuclear generation into the electric grid;
     (i) Maximizing either public or private, or both, investment in additional nuclear generation to reduce rate payer risk; and
     (j) Quantification of greenhouse gas reductions resulting from additional nuclear generation.
     (3) Staff support for the task force must be provided by senate committee services and the house of representatives office of program research. Subject to the availability of amounts appropriated for this specific purpose, the task force may contract for additional staff with specific technical expertise if such expertise is necessary to carry out the mandates of this study.
     (4) The task force must report its findings and recommendations to the legislature by December 1, 2011.
     (5) This section expires July 1, 2012.