BILL REQ. #: H-0843.2
| State of Washington | 63rd Legislature | 2013 Regular Session |
Read first time 01/24/13. Referred to Committee on Environment.
AN ACT Relating to the energy facility site evaluation council; amending RCW 80.50.010, 80.50.040, 80.50.045, 80.50.060, 80.50.071, 80.50.075, 80.50.085, 80.50.100, 80.50.105, 80.50.110, and 80.50.120; reenacting and amending RCW 80.50.020 and 80.50.030; adding new sections to chapter 80.50 RCW; and repealing RCW 80.50.080, 80.50.090, and 80.50.320.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 80.50.010 and 2001 c 214 s 1 are each amended to read
as follows:
The legislature finds that the present and predicted growth in
energy demands in the state of Washington requires the development of
a procedure for the selection and utilization of sites for energy
facilities and the identification of a state position with respect to
((each)) the proposed site. The legislature also finds that there is
a critical need for infrastructure to ensure the safe and reliable
operations of electrical generation and energy transmission systems in
Washington and the region. The legislature recognizes that the
selection of sites will have a significant impact upon the welfare of
the population, the location and growth of industry and the use of the
natural resources of the state.
It is the policy of the state of Washington to recognize the
((pressing)) need for increased energy facilities, and to ensure
through available and reasonable methods, that the location and
operation of ((such)) facilities will produce minimal adverse effects
on the environment, ecology of the land and its wildlife, and the
ecology of state waters and their aquatic life.
It is the intent to seek courses of action that will balance the
increasing demands for energy facility location and operation in
conjunction with the broad interests of the public. Such action will
be based on these premises:
(1) To assure Washington state citizens that, where applicable,
operational safeguards are at least as stringent as the criteria
established by the federal government and are technically sufficient
for their welfare and protection.
(2) To preserve and protect the quality of the environment; to
enhance the public's opportunity to enjoy the esthetic and recreational
benefits of the air, water and land resources; to promote air
cleanliness; and to pursue beneficial changes in the environment.
(3) ((To provide abundant energy at reasonable cost.)) To avoid costs of complete site restoration and demolition of
improvements and infrastructure at unfinished nuclear energy sites, and
to use unfinished nuclear energy facilities for public uses, including
economic development, under the regulatory and management control of
local governments and port districts.
(4)
(((5))) (4) To avoid costly duplication in the siting process and
ensure that decisions are made timely and without unnecessary delay.
Sec. 2 RCW 80.50.020 and 2010 c 152 s 1 are each reenacted and
amended to read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Alternative energy resource" includes energy facilities of the
following types: (a) Wind; (b) solar energy; (c) geothermal energy;
(d) landfill gas; (e) wave or tidal action; ((or)) (f) energy storage;
or (g) 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.
(2) "Applicant" means any person who makes application for a site
certification pursuant to the provisions of this chapter.
(3) "Application" means any request for approval of a particular
site or sites filed in accordance with the procedures established
pursuant to this chapter, unless the context otherwise requires.
(4) "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 of at
least 115,000 volts to connect a thermal power plant or alternative
energy facilities to the northwest power grid. However, common carrier
railroads or motor vehicles shall not be included.
(5) "Biofuel" has the same meaning as defined in RCW 43.325.010.
(6) "Certification" means a binding agreement between an applicant
and the state which shall embody compliance to the siting standards and
guidelines, in effect as of the date of certification, which have been
adopted pursuant to RCW 80.50.040 as now or hereafter amended as
conditions to be met prior to or concurrent with the construction or
operation of any energy facility.
(7) "Construction" means on-site improvements, excluding
exploratory work, which cost in excess of two hundred fifty thousand
dollars.
(8) "Council" means the energy facility site evaluation council
created by RCW 80.50.030.
(9) "Counsel for the environment" means an assistant attorney
general or a special assistant attorney general who shall represent the
public ((in accordance with RCW 80.50.080)).
(10) "Electrical transmission facilities" means electrical power
lines and related equipment.
(11) "Energy facility" means an energy plant or transmission
facilities: PROVIDED, That the following are excluded from the
provisions of this chapter:
(a) Facilities for the extraction, conversion, transmission or
storage of water, other than water specifically consumed or discharged
by 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.
(12) "Energy plant" means the following facilities together with
their associated facilities:
(a) Any nuclear power facility where the primary purpose is to
produce and sell electricity;
(b) Any nonnuclear stationary thermal power plant ((with generating
capacity of three hundred fifty thousand kilowatts or more, measured
using maximum continuous electric generating capacity, less minimum
auxiliary load, at average ambient temperature and pressure,)) and
floating thermal power plants ((of one hundred thousand kilowatts or
more)) suspended on the surface of water by means of a barge, vessel,
or other floating platform;
(c) Facilities which will have the capacity to ((receive)) import
or export liquefied natural gas ((in the equivalent of more than one
hundred million standard cubic feet of natural gas per day, which))
that has been transported over land or 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 liquefied petroleum gas which has been or will be
transported over marine waters, except that the provisions of this
chapter shall not apply to 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)); ((and))
(f) Facilities capable of processing ((more than twenty-five
thousand barrels per day of)) petroleum or biofuel into refined
products except where such biofuel production is undertaken at existing
industrial facilities; and
(g) Any alternative energy resource.
(13) "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.
(14) "Land use plan" means a comprehensive plan or land use element
thereof adopted by a unit of local government pursuant to chapter
35.63, 35A.63, 36.70, or 36.70A RCW, or as otherwise designated by
chapter 325, Laws of 2007.
(15) "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.
(16) "Preapplicant" means a person considering applying for a site
certificate agreement for any transmission facility.
(17) "Preapplication process" means the process which is initiated
by written correspondence from the preapplicant to the council, and
includes the process adopted by the council for consulting with the
preapplicant and with cities, towns, and counties prior to accepting
applications for all transmission facilities.
(18) "Secretary" means the secretary of the United States
department of energy.
(19) "Site" means any proposed or approved location of an energy
facility, alternative energy resource, or electrical transmission
facility.
(20) "Thermal power plant" means, for the purpose of certification,
any electrical generating facility ((using)) combusting any gaseous,
liquid, or solid fuel ((for distribution of electricity by electric
utilities)) or using heat to create steam for the generation of
electricity.
(21) "Transmission pipeline 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)) with pipe strength levels in excess of twenty percent of the
specified minimum yield strength;
(b) Natural gas, synthetic fuel gas, or liquefied 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)) with pipe strength levels in excess of twenty percent of the
specified minimum yield strength and the pipeline will be used for the
purpose of delivering gas to a distribution facility, except an
interstate natural gas pipeline regulated by the United States federal
power commission; and
(c) A transmission pipeline facility may include a pipeline
carrying federally listed hazardous waste to the energy facility.
(22) "Zoning ordinance" means an ordinance of a unit of local
government regulating the use of land and adopted pursuant to chapter
35.63, 35A.63, 36.70, or 36.70A RCW or Article XI of the state
Constitution, or as otherwise designated by chapter 325, Laws of 2007.
(23) "Consumer-owned utility" means any municipal electric utility
formed under Title 35 RCW, public utility district formed under Title
54 RCW, an irrigation district formed under chapter 87.03 RCW,
cooperative formed under chapter 23.86 RCW, a mutual corporation or
association formed under chapter 24.06 RCW, port district formed under
Title 53 RCW, or water-sewer district formed under Title 57 RCW, that
is engaged in the business of distributing electricity to one or more
retail electric customers in the state.
(24) "Electric utility" means an electric utility, as the term
"electric utility" is defined in RCW 19.29A.010.
(25) "Proven energy technology" means any energy technology used in
an energy facility offered for sale in the United States and
preapproved by the council.
Sec. 3 RCW 80.50.030 and 2010 c 271 s 601 and 2010 c 152 s 2 are
each reenacted and amended to read as follows:
(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 salary of the chair shall be determined under RCW
43.03.040. The chair 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 chair or a designee shall execute all official site
application documents((, contracts,)) and other materials on behalf of
the council. The chair shall manage the scheduling of all public
meetings necessary for site certification of an energy facility and
preside over meetings of the council. The Washington utilities and
transportation commission shall provide all administrative and staff
support for the council. The commission 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. The utilities and
transportation commission shall serve as the fiscal agent for the
council, ensuring compliance with state law, and shall execute
contracts in consultation with the council. The council shall
otherwise retain its independence in exercising its powers, functions,
and duties ((and its supervisory control over nonadministrative staff
support)) relating to site applications. Membership, powers,
functions, and duties of the Washington state utilities and
transportation commission and the council shall otherwise remain as
provided by law.
(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:)):
(i) Department of ecology;
(ii) Department of fish and wildlife;
(iii) Department of commerce;
(iv) Utilities and transportation commission; and
(v) Department of natural resources.
(b) The directors, administrators, or their designees, of the
following departments, agencies, and commissions, or their statutory
successors, may participate as councilmembers at their own discretion
provided they elect to participate no later than sixty days after an
application is filed:
(i) Department of agriculture;
(ii) Department of health;
(iii) Military department; and
(iv) Department of transportation.
(c) Council membership is discretionary for agencies that choose to
participate under (b) of this subsection only for applications that are
filed with the council on or after May 8, 2001. For applications filed
before May 8, 2001, council membership is mandatory for those agencies
listed in (b) of this subsection
(i) Three members of the growth management hearings board,
comprised of two members residing closest to the proposed energy
facility and the third member drawn from one of the other regions of
the state;
(ii) The department of fish and wildlife; and
(iii) The department of ecology.
(b) If the chair of the council determines that the proposed energy
facility may impact shorelines or forest resources in the state, the
chair shall invite, depending on the impacts, either a member from the
shorelines hearings board or a member of the forest practices board to
participate as a councilmember. If a member of the shorelines hearings
board or the forest practices board are invited and participate in the
site certification of a proposed energy facility, that board member
shall serve on the council in place of one of the two growth management
hearings board members residing closest to the proposed energy
facility.
(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 facility 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. 4 RCW 80.50.040 and 2001 c 214 s 6 are each amended to read
as follows:
The council shall have the following powers:
(1) To adopt, promulgate, amend, or rescind suitable rules and
regulations, pursuant to chapter 34.05 RCW, to carry out the provisions
of this chapter, and the policies and practices of the council in
connection therewith;
(2) To develop and apply environmental and ecological guidelines
and standards in relation to the type, design, location, construction,
and operational conditions of certification of energy facilities
subject to this chapter;
(3) To establish rules of practice for the conduct of public
hearings ((pursuant to the provisions of the Administrative Procedure
Act, as found in chapter 34.05 RCW));
(4) To prescribe the form, content, and necessary supporting
documentation for site certification;
(5) To receive applications for energy facility locations and to
investigate the sufficiency thereof;
(6) To ((make and)) enter into contracts, when applicable, for
independent studies of sites proposed by the applicant, subject to the
provisions of RCW 39.26.120;
(7) To conduct hearings on the proposed location of the energy
facilities;
(8) ((To prepare written reports to the governor which shall
include: (a) A statement indicating whether the application is in
compliance with the council's guidelines, (b) criteria specific to the
site and transmission line routing, (c) a council recommendation as to
the disposition of the application, and (d) a draft certification
agreement when the council recommends approval of the application;)) To
approve or deny an application for site certification of a proposed
energy facility;
(9) To prescribe the means for monitoring of the effects arising
from the construction and the operation of energy facilities to assure
continued compliance with terms of certification and/or permits issued
by the council pursuant to chapter 90.48 RCW or subsection (12) of this
section: PROVIDED, That any on-site inspection required by the council
shall be performed by other state agencies pursuant to interagency
agreement: PROVIDED FURTHER, That the council may retain authority for
determining compliance relative to monitoring;
(10) To integrate its site evaluation activity with activities of
federal agencies having jurisdiction in such matters to avoid
unnecessary duplication;
(11) 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;
(12) To issue permits in compliance with applicable provisions of
the federally approved state implementation plan adopted in accordance
with the Federal Clean Air Act, as now existing or hereafter amended,
for the new construction, reconstruction, or enlargement or operation
of energy facilities: PROVIDED, That such permits shall become
effective only if the ((governor)) council approves an application for
certification and executes a certification agreement pursuant to this
chapter: AND PROVIDED FURTHER, That all such permits be conditioned
upon compliance with all provisions of the federally approved state
implementation plan which apply to energy facilities covered within the
provisions of this chapter; ((and))
(13) To serve as an interagency coordinating body for energy-related issues;
(14) To develop minimum safety standards for cities and counties in
relation to the type, design, location, construction, operational
conditions, and decommissioning of energy facilities subject to this
chapter; and
(15) To enter into interlocal agreements with cities and counties
for the purpose of issuing site certifications for energy facilities
within the geographic jurisdiction of the local government.
NEW SECTION. Sec. 5 A new section is added to chapter 80.50 RCW
to read as follows:
(1) By December 1, 2014, the council shall adopt standards for the
siting, construction, operation, and decommissioning of energy
facilities. The standards must address, but not be limited to, the
following subjects:
(a) The organizational, managerial, and technical expertise of the
applicant to construct and operate the proposed energy facility;
(b) Seismic hazards;
(c) Areas designated for protection by the state or federal
government, including but not limited to: Monuments; wilderness areas;
wildlife refuges; scenic waterways; and similar areas;
(d) The financial ability and qualifications of the applicant;
(e) Effects of the energy facility on fish and wildlife, taking
into account mitigation, including threatened and endangered fish,
wildlife, or plant species;
(f) Impacts of the energy facility on historic, cultural, or
archaeological resources listed on the national register of historic
places or the Washington heritage register;
(g) Protection of public health and safety, including necessary
safety devices and procedures;
(h) The accumulation, storage, disposal, and transportation of
nuclear waste;
(i) Impacts of the energy facility on recreation, scenic, and
aesthetic values;
(j) Reduction of solid waste and wastewater generation to the
extent reasonably practicable;
(k) Ability of the communities in the affected area to provide
sewers and sewage treatment, water, storm water drainage, solid waste
management, housing, traffic safety, police and fire protection, health
care, and schools;
(l) Soil protection;
(m) Noise; and
(n) The distance an energy facility must be set back from adjoining
properties.
(2) The standards adopted by the council under subsection (1) of
this section must, at a minimum, meet the requirements, where they
exist, under Oregon Administrative Rules, chapter 345, in effect as of
January 1, 2013.
(3) The council may issue a site certificate for an energy facility
that does not meet one or more of the standards adopted under
subsection (1) of this section if the council determines that the
overall public benefits of the energy facility outweigh the impact on
the resources protected by the standards the facility does not meet.
(4)(a) By December 1, 2015, the council shall develop through rule
making minimum standards for cities and counties in relation to the
type, design, location, construction, operational conditions, and
decommissioning of energy facilities.
(b) The council and any local government in the state may enter
into, and are encouraged to enter into, an interlocal agreement as
provided under chapter 39.34 RCW for the purpose of authorizing the
council to issue site certifications for energy facilities within the
geographic jurisdiction of the local government.
(5)(a) The council shall develop a list of proven energy
technologies to be granted expedited processing under this chapter.
For each proven energy generation technology listed, the council shall
develop specific operational guidelines for the energy technology
consistent with the applicable standards adopted under subsection (1)
of this section and the state environmental policy act.
(b) An energy technology company may seek preapproval of its energy
technology by submitting to the council a proven energy technology
preapproval application to the council. The council may impose a
charge to cover necessary costs to process the preapproval application.
(c) For each preapproval application submitted by an applicant, the
council shall develop through rule making the standards an energy
technology must meet to be preapproved as a proven energy technology.
The council may collect a fee from the applicant to recover the cost of
the rule making.
Sec. 6 RCW 80.50.045 and 2006 c 196 s 3 are each amended to read
as follows:
(1)(a) The council shall consult with other state agencies,
utilities, local municipal governments, public interest groups, tribes,
and other interested persons to convey their views to the secretary and
the federal energy regulatory commission regarding appropriate limits
on federal regulatory authority in the siting of electrical
transmission corridors in the state of Washington.
(((2))) (b) The council is designated as the state authority for
purposes of siting electrical transmission facilities under the
national energy policy act of 2005 and for purposes of other such rules
or regulations adopted by the secretary. The council's authority
regarding electrical transmission facilities is limited to those
electrical transmission facilities that are the subject of section 1221
of the national energy policy act and this chapter.
(((3))) (c) For the construction and modification of electrical
transmission facilities that are the subject of section 1221 of the
national energy policy act, the council may: (((a))) (i) Approve the
siting of the facilities; and (((b))) (ii) consider the interstate
benefits expected to be achieved by the proposed construction or
modification of the facilities in the state.
(((4))) (d) When developing recommendations as to the disposition
of an application for the construction or modification of electrical
transmission facilities under this chapter, the fuel source of the
electricity carried by the transmission facilities shall not be
considered.
(2) The council shall monitor the activities of the federal energy
regulatory commission and may receive notifications for energy projects
located in Washington that are under the regulatory oversight of the
federal energy regulatory commission. These notifications must
include, but are not limited to, project filings, delegated orders,
notices, and the federal energy regulatory commission decisions.
Sec. 7 RCW 80.50.060 and 2007 c 325 s 2 are each amended to read
as follows:
(1)(a) Except as provided under (b) and (c) of this subsection, the
provisions of this chapter 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 (15). 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.)) if the applicant chooses to receive
certification under this chapter.
(2) The provisions of this chapter apply to the construction,
reconstruction, or enlargement of a new or existing energy facility
that exclusively uses alternative energy resources and chooses to
receive certification under this chapter, regardless of the generating
capacity of the project
(((3))) (b) Any proposed nuclear power facility in Washington,
where the primary purpose is to produce and sell electricity, must
apply to the council for site certification.
(c) Any proposed transmission pipeline facility in Washington must
apply to the council for site certification.
(2)(a) The provisions of this chapter apply to the construction,
reconstruction, or modification of electrical transmission facilities
when:
(i) The facilities are located in a national interest electric
transmission corridor as specified in RCW 80.50.045;
(ii) An applicant chooses to receive certification under this
chapter, and the facilities are: (A) Of a nominal voltage of at least
one hundred fifteen thousand volts and are located in a completely new
corridor, except for the terminus of the new facility or
interconnection of the new facility with the existing grid, and the
corridor is not otherwise used for electrical transmission facilities;
and (B) located in more than one jurisdiction that has promulgated land
use plans or zoning ordinances; or
(iii) An applicant chooses to receive certification under this
chapter, and the facilities are: (A) Of a nominal voltage in excess of
one hundred fifteen thousand volts; and (B) located outside an
electrical transmission corridor identified in (a)(i) and (ii) of this
subsection (((3))) (2).
(b) For the purposes of this subsection, "modify" means a
significant change to an electrical transmission facility and does not
include the following: (i) Minor improvements such as the replacement
of existing electrical transmission line facilities or supporting
structures with equivalent facilities or structures; (ii) the
relocation of existing electrical transmission line facilities; (iii)
the conversion of existing overhead lines to underground; or (iv) the
placing of new or additional conductors, supporting structures,
insulators, or their accessories on or replacement of supporting
structures already built.
(((4))) (3) 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 (15))) of
an energy facility.
(4) The provisions of this chapter do not apply to an energy
facility that previously has been approved or denied by a local
government.
(5) Applications for certification of energy 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.
(6) 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. 8 A new section is added to chapter 80.50 RCW
to read as follows:
(1) Each applicant for a site certificate shall submit to the
council a preliminary application for a site certificate. The
preliminary application must provide information about the proposed
site and the characteristics of the energy facility sufficient for the
preparation of the council's notice of application requirements.
(2)(a) The council shall provide notice to the public within three
working days of receiving a preliminary application. The public notice
must provide a description of the proposed site and facility in
sufficient detail to inform the public of the location and proposed use
of the site. The public has fourteen days to provide comment on the
preliminary application.
(b) After the council provides public notice, a city, county, or
regional planning authority may not change land use plans or zoning
ordinances so as to affect the proposed site.
(3) Within three working days after the council provides public
notice, an applicant for a site certification shall distribute the
preliminary application to any agency that has regulatory or advisory
responsibility with respect to the facility and any city or county
affected by the application.
(4)(a) Following review of the preliminary application and any
public comments received in response to the public notice, the council
shall hold a public information meeting with state agencies and local
governments that have regulatory or advisory responsibility with
respect to the facility.
(b) The public information meeting must be held in the vicinity of
the proposed project after providing public notice.
(c) At the public information meeting, any person is entitled to be
heard in support of or in opposition to the preliminary application.
(5) No more than thirty days after receiving a preliminary
application, the staff shall issue a notice of application requirements
establishing the statutes, administrative rules, council standards,
local ordinances, application requirements, and study requirements for
the site certificate application. Staff may consider whether the
proposed facility is in compliance with city, county, or regional land
use plans or zoning ordinances and may specify additional requirements
in the notice of application based on a review of plans and ordinances
where the proposed facility is to be located.
(6) Following issuance of the notice of application requirements,
an applicant shall submit an application for site certification
consistent with the notice of application requirements within fifteen
days.
(7)(a) The staff of the council shall determine within fifteen days
of submission of the application whether an application meets the
council's requirements. If the staff determines that an application
meets the council's requirements, the staff shall establish the
timeline in which the environmental review must be completed. The
environmental review of a proposed energy facility must be completed
within six months after a preliminary application is submitted to the
council unless the staff determines that: (i) The environmental
review, due to the potential impacts of the project, requires
additional time to review; or (ii) the energy facility uses a
technology that is not listed by the council as a proven energy
generation technology. If the staff determines that the project
requires additional time to review, the environmental review may not
exceed twelve months in duration.
(b) If the staff extends the environmental review process up to
twelve months, the attorney general shall appoint an assistant attorney
general as a counsel for the environment. The counsel for the
environment shall represent the public and its interest in protecting
the quality of the environment. Costs incurred by the counsel for the
environment in the performance of these duties must be charged to the
office of the attorney general, and may not be a charge against the
appropriation to the energy facility site evaluation council. The
counsel for the environment must be accorded all the rights,
privileges, and responsibilities of an attorney representing a party in
a formal action. This section may not be construed to prevent any
person from being heard or represented by counsel in accordance with
the other provisions of this chapter.
NEW SECTION. Sec. 9 A new section is added to chapter 80.50 RCW
to read as follows:
(1)(a) Following requirements set forth under chapter 43.21C RCW,
the chair must oversee an environmental review of the proposed energy
facility.
(b) After the council determines whether an application meets
council requirements as provided under section 8 of this act, the chair
shall initiate a scoping process to determine the range of proposed
actions, alternatives, and impacts to be examined in the environmental
impact statement.
(c) Council staff shall notify any agency that has regulatory or
advisory responsibility with respect to the facility and any city or
county affected by the application of the scoping process.
(d) The chair shall conduct a public hearing within thirty days of
initiating the scoping process.
(e) The council staff, within sixty days after initiating the
scoping process, shall publish a draft environmental impact statement.
(f) The chair shall solicit comments on the draft environmental
impact statement and hold a public hearing fifteen days after making
the draft environmental impact statement public.
(g) Within fifteen days after the public hearing on the draft
environmental impact statement, the chair shall submit to the council
a recommended final environmental impact statement. In submitting the
recommended final environmental impact statement to the council, the
chair shall specify whether there are any disputed items based on
public input provided during the development of the recommended final
environmental impact statement.
(i) If there are disputed items in the recommended final
environmental impact statement, the council shall hold a public hearing
within fifteen days on the draft environmental impact statement under
(f) of this subsection. At the hearing, the chair shall provide a
report to the council regarding the recommended environmental impact
statement and regarding the disputed items in the recommended
environmental impact statement. The issues that may be considered at
the public hearing under this subsection are limited to those issues
raised during the preliminary application process and during the
development of the recommended environmental impact statement. The
chair shall specify to the council the basis for decisions made
relating to the disputed items contained in the recommended final
environmental impact statement. Based on the input of the chair, the
applicant, and the public at the public hearing, the council may elect
to address the disputed items from the recommended environmental impact
statement in the final environmental impact statement. The council
shall issue the final environmental impact statement within fifteen
days of the public hearing required under this subsection.
(ii) If there are no disputed items in the recommended final
environmental impact statement, the chair shall submit to the council
the recommended final environmental impact statement within fifteen
days of the public hearing under (f) of this subsection and the council
shall adopt the recommended final environmental impact statement as the
final environmental impact statement.
(2) The council may contract with independent consultants to review
information from the public hearing and to prepare the draft and final
environmental impact assessments.
NEW SECTION. Sec. 10 A new section is added to chapter 80.50 RCW
to read as follows:
(1) Within fifteen days of issuing the final environmental impact
statement, council staff shall prepare and issue an initial order and
draft site certification based on the final environmental impact
statement.
(2) Within fifteen days of receiving an initial order and draft
site certification, the council must make a final decision on the
application. The council must either approve the application and
execute the draft certification agreement or reject the application for
site certification. If the council fails to make a final decision, the
initial order submitted by the chair becomes the final order on the
fifteenth day following receipt of the initial order.
Sec. 11 RCW 80.50.071 and 2011 c 261 s 1 are each amended to read
as follows:
(1) The council shall receive all preliminary applications and
applications for energy facility site certification under this chapter.
Each applicant shall pay such reasonable costs as are actually and
necessarily incurred by the council in processing a preliminary
application or 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 an energy plant ((or alternative energy
resource)) that is connected to electrical transmission facilities of
a nominal voltage of at least one hundred fifteen thousand volts, 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 energy plant or alternative
energy resource;
(ii) The location of the site;
(iii) The placement of the energy plant or alternative energy
resource on the site;
(iv) The date and time by which comments must be received by the
council; and
(v) 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, and to identify potential issues relating to the
placement and operations of the energy plant or alternative energy
resource, before a site certification application is approved. The
time period set forth by the council for receipt of such comments shall
not extend the time period for the council's processing of the
application.
(c) In order to assist local governments required to notify the
United States department of defense under RCW 35.63.270, 35A.63.290,
and 36.01.320, the council shall post on its web site the appropriate
information for contacting the United States department of defense.
Sec. 12 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)). Review must consider
compliance with city, county, or regional land use plans or zoning
ordinances.
(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.
Sec. 13 RCW 80.50.085 and 2001 c 214 s 5 are each amended to read
as follows:
(1) After the council has received a preliminary site application,
council staff shall assist applicants in identifying issues presented
by the preliminary application and the application.
(2) Council staff shall review all information submitted and
recommend resolutions to issues in dispute that would allow site
approval.
(3) Council staff may make recommendations to the council on
conditions that would allow site approval.
Sec. 14 RCW 80.50.100 and 2011 c 180 s 109 are each amended to
read as follows:
(((1)(a) 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.)) In the case of an application filed prior to December 31,
2025, for certification of an energy facility proposed for
construction, modification, or expansion for the purpose of providing
generating facilities that meet the requirements of RCW 80.80.040 and
are located in a county with a coal-fired electric ((
(b)generating
[generation])) generation facility subject to RCW 80.80.040(3)(c), the
council shall expedite the processing of the application pursuant to
RCW 80.50.075 and shall ((report its recommendations to the governor))
issue a site certification or reject the site certification application
within one hundred eighty days of receipt by the council of such an
application, or a later time as is mutually agreed by the council and
the applicant.
(((2) 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.))
(3)(a) Within sixty days of receipt of the council's report the
governor shall take one of the following actions:
(i) Approve the application and execute the draft certification
agreement; or
(ii) Reject the application; or
(iii) Direct the council to reconsider certain aspects of the draft
certification agreement.
(b) 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.
(4) 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.
Sec. 15 RCW 80.50.105 and 1991 c 200 s 1112 are each amended to
read as follows:
((In making its recommendations to the governor under this chapter
regarding)) For an application that includes transmission pipeline
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. 16 RCW 80.50.110 and 1975-'76 2nd ex.s. c 108 s 37 are each
amended to read as follows:
(1) If any provision of this chapter is in conflict with any other
provision, limitation, or restriction which is now in effect under any
other law of this state, or any rule or regulation promulgated
thereunder, this chapter shall govern and control and such other law or
rule or regulation promulgated thereunder shall be deemed superseded
for the purposes of this chapter.
(2) The state hereby preempts the regulation and certification of
the location, construction, and operational conditions of certification
of the energy facilities included under RCW 80.50.060 as now or
hereafter amended.
(3) Notwithstanding any other provision of this chapter or this
section, no permit or certification or any condition or provision of
any permit, certification, or agreement issued under this chapter may
preempt or supersede any provision of chapter 80.60 RCW.
Sec. 17 RCW 80.50.120 and 1977 ex.s. c 371 s 10 are each amended
to read as follows:
Except as provided in RCW 80.50.110:
(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, whether a
member of the council or not, 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.
(3) The issuance of a certification shall be in lieu of any permit,
certificate or similar document required by any department, agency,
division, bureau, commission, board, or political subdivision of this
state, whether a member of the council or not.
NEW SECTION. Sec. 18 A new section is added to chapter 80.50 RCW
to read as follows:
A city and county that has approved an energy facility through a
local permitting process shall submit to the council within thirty days
of the issuance of a permit a copy of the permit and any conditions of
approval.
NEW SECTION. Sec. 19 The following acts or parts of acts are
each repealed:
(1) RCW 80.50.080 (Counsel for the environment) and 1977 ex.s. c
371 s 6 & 1970 ex.s. c 45 s 8;
(2) RCW 80.50.090 (Public hearings) and 2006 c 205 s 3, 2006 c 196
s 6, 2001 c 214 s 7, 1989 c 175 s 173, & 1970 ex.s. c 45 s 9; and
(3) RCW 80.50.320 (Governor to evaluate council efficiency, make
recommendations) and 2001 c 214 s 8.