WSR 97-21-124

PROPOSED RULES

DEPARTMENT OF

GENERAL ADMINISTRATION

[Filed October 21, 1997, 11:17 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-10-087.

Title of Rule: Policy for commemorative and art works on state capitol grounds.

Purpose: The purpose of this chapter is to establish rules governing the design and placement of major and minor works, to include commemorative works and other works of art, on state capitol grounds. These rules are intended to: (1) Ensure that major and minor works reflect subjects of lasting state-wide significance for the people of Washington. (2) Protect and maintain open space on state capitol grounds and preserve the views and vistas to and from the capitol; and to conserve options for placement of works by future generations. (3) To ensure that commemorative works and works of art on state capitol grounds are considered using a deliberate process, acknowledging the unique state capitol environment in which they are to be placed.

Statutory Authority for Adoption: Chapter 43.34 RCW.

Statute Being Implemented: Section 140(3), chapter 149, Laws of 1997.

Summary: Provides definitions including roles and responsibilities, establishes criteria and administrative requirements for all major and minor works to be placed on state capitol grounds; provides guidelines for site selection and design selection to be used in evaluating proposals for works on state capitol grounds, and establishes a procedure for the development and review of proposals for major works. Provides standards and procedures for minor works on state capitol grounds.

Reasons Supporting Proposal: General administration was directed to develop this rule by the 1997 legislature, with the goal of preserving and protecting state capitol grounds while providing guidance to those proposing memorials and artwork on state grounds.

Name of Agency Personnel Responsible for Drafting: Marygrace Jennings, 204K General Administration Building, Olympia, (360) 902-7208; Implementation and Enforcement: Marsha Tadano Long, 200 General Administration, (360) 902-7200.

Name of Proponent: Department of General Administration, State Capitol Committee, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The purpose of this rule is to provide guidance for those proposing the placement of memorials or artwork on the state capitol campus, and establish a set of criteria and standards by which these proposals may be evaluated. The rule seeks to protect open space, conserve options for placement of memorials and works of art by future generations, and ensure that all major memorials and works of art are chosen and sited through a deliberate process. The rule provides definitions, roles and responsibilities of the implementing authorities, and criteria for all works, both major and minor, to be placed on state capitol grounds. It provides administrative criteria and guidelines for design and site development to serve both proposing entities and those evaluating and approving proposals. The rule provides a set of standards that apply to minor works, and a separate process for their approval. The anticipated effect of this rule is to provide guidance for those interested in proposing works for state capitol grounds, while protecting and preserving those public spaces.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This chapter will have no impact on business and is limited in scope to state capitol grounds.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. General administration is not a listed agency in section 201, chapter 403, Laws of 1995, and the agency does not elect to apply that section to this rule making.

Hearing Location: There will be three opportunities for public testimony on this proposed rule: On December 1, from 2 p.m. to 4 p.m. at the Spokane Public Library, Downtown Branch, 906 West Main, Room 1-A, Spokane, WA; and on December 2, from 3 p.m. to 5 p.m. and from 6 p.m. to 8 p.m., at the Labor and Industries Building, Auditorium (Room ST121), 7273 Linderson Way S.W., Tumwater, WA.

Assistance for Persons with Disabilities: Contact Shanna Dell by 5 p.m., November 25, TDD (360) 664-3799 or (360) 902-7211.

Submit Written Comments to: Marygrace Jennings, Rules Coordinator, Department of General Administration, P.O. Box 1000, Olympia, WA 98504-1000, by electronic mail Mgjenni@ga.wa.gov, or by FAX (360) 586-5898. Date of Intended Adoption: December 18, 1997.

October 21, 1997

Marygrace G. Jennings

Rules Coordinator

POLICY FOR COMMEMORATIVE AND ART WORKS ON STATE CAPITOL GROUNDS

NEW SECTION

WAC 236-18-010 Purpose and authority. Pursuant to the authority granted by section 140(3), chapter 149, Laws of 1997, the director of the department of general administration hereby establishes the following rules governing the design and placement of major and minor works, to include commemorative works and other works of art, on state capitol grounds. The purposes of this chapter are as follows:

(1) To ensure that major and minor works reflect subjects of lasting state-wide significance for the people of Washington.

(2) To protect and maintain open space and preserve the natural views and vistas to and from the capitol, as envisioned by the Olmsted Brothers in their 1928 plan for the Washington state capitol grounds, and to conserve options for placement of works by future generations.

(3) To ensure that commemorative works and works of art on state capitol grounds are considered using a deliberate process, acknowledging the unique state capitol environment in which they are to be placed.

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NEW SECTION

WAC 236-18-020 Roles, responsibilities, and definitions. As used in this chapter, the following definitions and roles apply:

(1) "Proposing entity" - Any individual or group advancing a proposal for placement of major or minor works on state capitol grounds.

(2) "State capitol committee" (SCC) - As established in RCW 43.17.070. The state capitol committee grants final approval for all development plans for state capitol grounds including the master plan, and for the design and site of major works to be located on state capitol grounds.

(3) "Capitol campus design advisory committee" (CCDAC) - As established in RCW 43.34.080(1):

The capitol campus design advisory committee is established as an advisory group to the capitol committee and the director of general administration to review programs, planning, design, and landscaping of state capitol facilities and grounds and to make recommendations that will contribute to the attainment of architectural, aesthetic, functional, and environmental excellence in design and maintenance of capitol facilities on campus and located in neighboring communities.

The CCDAC is further directed in 43.34.080(4)(e) to:

. . . review plans and designs affecting state capitol facilities as they are developed. The advisory committee's review shall include . . . (e) Landscaping plans and designs, including planting proposals, street furniture, sculpture, monuments, and access to the capitol campus and buildings.

(4) "Director" - The director of the department of general administration. Under RCW 43.19.125 the director " . . . shall have custody and control of the capitol buildings and grounds." The director provides preliminary reviews, evaluates proposals for major and minor works, and provides technical assistance to those proposing placement of major or minor works on state capitol grounds. The director approves minor works proposals.

(5) "Department" - The department of general administration.

(6) "Washington state arts commission" (WSAC) - As established in RCW 43.46.005 through 43.46.095, and as specifically authorized in RCW 43.46.050:

The commission shall meet, study, plan, and advise the governor, the various departments of the state and the state legislature and shall make such recommendations as it deems proper for the cultural development of the state of Washington.

(7) "State capitol grounds" - Those grounds as defined in WAC 236-12-015(5), as follows:

Those grounds owned by the state and otherwise designated as state capitol grounds, including the west capitol campus, the east capitol campus, Sylvester Park, the Old Capitol Building and Capitol Lake, ways open to the public and specified adjoining lands and roadways.

and including the north capitol campus, Centennial Park, the Tumwater campus and the Lacey campus.

(8) "West capitol campus" - Those state-owned grounds that constitute the state capitol grounds west of Capitol Way, and including all of the grounds addressed in the 1928 Olmsted Brothers landscape plan for the state capitol grounds.

(9) "East capitol campus" - Those grounds described in RCW 79.24.500 which includes the campus area north of Maple Park (16th Avenue) and south of 11th Avenue, east of Capital Way and west of Interstate 5 and the Interstate 5 entrance to the state capitol.

(10) "North capitol campus" - Those state-owned grounds north of the west capitol campus and west of Columbia Street, south of 5th Avenue and east of the Deschutes Parkway around Capitol Lake to the Interstate 5 bridge.

(11) "Tumwater campus" - Those state-owned grounds in the city of Tumwater bounded on the west by Interstate 5, on the north by Israel Road, on the east by Linderson Way S.W., and on the south by Airdustrial Way S.W.

(12) "Lacey campus" - Those state-owned grounds in the city of Lacey, bounded on the north by Martin Way, on the west and south by Saint Martin's Park and Saint Martin's Abbey, and on the east by the Woodland Creek protection zone.

(13) "Master plan" - The master plan for the capitol of the state of Washington. As used in this chapter, master plan includes any subcampus plans for state capitol grounds that describe in greater detail the planned development and use of the areas covered by the master plan.

(14) "Major work" - Any statue, monument, sculpture, work of art, memorial, or other structural or landscape feature, including a garden or memorial grove, of notable impact to viewers and to its surroundings. The impact of a work is defined by the combined effect of its subject matter, size, placement, and the degree to which it commands the environmental context into which it is set. Examples include the Winged Victory monument commemorating World War I, and the Tivoli Fountain. The term does not include any such item located within the interior of a structure.

(15) "Minor work" - As determined by the director, a work of moderate or minimal impact to viewers and to its surroundings, defined by the combined effect of its subject matter, size, placement, and ability to blend into or contribute to the planned character of its immediate environment. Examples include individual or small groupings of plants such as trees or shrubs, benches and other campus furnishings, historic event or site plaques, small sculptural elements and artistic works.

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NEW SECTION

WAC 236-18-030 Criteria for major and minor works on state capitol grounds. Major and minor works placed on the state capitol grounds shall:

(1) Maintain the dignity of the state capitol grounds, its existing memorials, grounds, and buildings, and surrounding environment;

(2) Preserve views and vistas of the capitol buildings, Mount Rainier and the Olympic Mountains;

(3) Be consistent with the organizing principles and policies of the master plan, relevant subcampus plans, and any other subcampus plans reviewed by the department and the capitol campus design advisory committee and approved by the state capitol committee;

(4) Reflect the rich diversity of Washington's people, yet not be partisan in nature;

(5) Provide an enriching experience which illuminates and celebrates common values, and broadens understanding of Washington's heritage and culture;

(6) Honor individuals and events of lasting significance for the people of the state of Washington, as reflected by broad public consensus;

(a) Major and minor works shall honor individuals or groups of individuals only after the 10th anniversary of the individual's death or the death of the last surviving member of a group, when the enduring, historical, state-wide nature of their achievements has been demonstrated and broadly acknowledged;

(b) Commemorative works dedicated to military events or conflicts may be proposed during the lifetime of those who engaged in it, but not sooner than the 10th anniversary of the officially recognized end of the event.

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NEW SECTION

WAC 236-18-040 Administrative requirements for major and minor works on state capitol grounds. Proposing entities must address the following administrative requirements in proposals for major or minor works.

(1) All development and installation costs, including required modifications and improvements to campus roads, sidewalks and utilities, shall be provided by the proposing entity.

(2) The cost of new works shall be paid for by the proposing entity. Prior to construction or installation of an approved work, the director shall determine that the proposing entity has available sufficient funds to complete the project. The proposing entity shall also make provisions for coverage of all maintenance and repair costs throughout the existence of the work. This is commonly accomplished through an endowment fund estimated at a minimum of ten percent of the original project cost. If a major or minor work is incorporated into a state-funded repair or improvement, an agreement will be negotiated between the proposing entity and the state specifying how the project costs including construction, maintenance and repairs will be shared.

(3) Complete conservation records that include specific information on materials and sources used in the execution, methods of fabrication, installation specifications, recommended method and frequency of maintenance, and cautions about possible negative influences on the work shall be provided to the state upon the completion of all new works.

Upon final placement and completion of a work that has been designed for or donated to the state for display on state capitol grounds, the state shall become sole owner of the work. The original artist or designer holds no rights to any work commissioned, donated, or purchased for display on state capitol grounds, including reproduction, access, modification, relocation, resale, etc., unless such rights are specifically allowed in formal written agreement between the director and the artist.

The state reserves the right to relocate or remove any works. Relocation planning will include consultation with the original artist and interested parties whenever possible.

Starting in 2030, the centennial of the legislative building completion, and every fifty years thereafter, the state shall conduct a review of all monuments and memorials on state capitol grounds and recommend removal and appropriate disposition of those no longer meeting the criteria in WAC 236-18-030. The SCC shall approve all such actions.

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NEW SECTION

WAC 236-18-050 Site selection criteria--General. Except for replacement trees, no major or minor works will be placed on state capitol grounds unless detailed subcampus plans for a given area have been approved. Subcampus plans have been fully implemented for the Olmsted portion of the west campus, Sylvester Park, and the Old Capitol Building block. These areas of the state capitol grounds are considered complete. Subcampus plans are maintained by the department.

Because it was proposed prior to the effective date of section 140(3), chapter 149, Laws of 1997 (directing the adoption of this rule), and because the state legislature, through House Joint Memorial 1997-4000, clearly expressed support for a memorial to law enforcement officers on the state capitol campus, a major or minor work honoring law enforcement officers who have died in service to their communities and fellow Washington state citizens may be considered for placement on the west campus if it is designed in such a way as to minimally impact the current and planned uses of the site and to blend with and complement existing campus and landscape features, and the work meets all other applicable criteria of this chapter.

Works directly associated with the activities of a specific state agency shall be considered for installation in the facility that houses that agency's main or subordinate office.

No donated work shall be accepted by the state for placement on state capitol grounds until a suitable site for the work has been selected and approved.

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NEW SECTION

WAC 236-18-060 Guidelines for selecting sites for major works. Proposing entities must address the following considerations in selecting a site for a proposed major work. Formal proposals prepared by proposing entities must include a description of how the proposal considers and responds to each of these guidelines. These guidelines will be used by the department, CCDAC and SCC to evaluate and recommend or approve a final site.

(1) Setting. The space surrounding a work shall provide a setting that is compatible and supportive. In turn, the work in its setting shall be supportive of the surrounding landscape design and public functions, including those intended in the master plan.

(2) Size and scale. There must be a match between the size and scale of the work and its setting.

(3) Spatial envelopes. Freestanding works, through their presence, affect the territory in which they stand. The size of the surrounding spatial envelope defined by surrounding buildings and growth shall be considered since it is directly related to the size and scale of the work.

(4) Relationship to other existing works or features. The work shall not be of such size, scale or material as to interfere with any existing campus feature.

(5) Visual context. Visual works are perceived in relationship to their context, which may include open sky, landscape, or building facade. Their design and placement shall consider such contextual issues as silhouette, directionality, orientation, and background.

(6) Symbolic significance. The site shall reflect the level of significance of the subject matter of the work. Its prominence and visibility shall be appropriate to the subject matter of work in the context of other existing works and the surrounding state capitol grounds environment.

(7) Relationship to master plan composition. The work and the site shall be considered together in terms of the way they affect or establish relationships with existing axes, vistas, entry points, landmarks and buildings; and the way they may affect sensitive natural and historic features of the campus or impact current or planned uses of the proposed site.

(8) Additional issues may become apparent in the process of site selection for a specific theme, subject matter, or work, and shall be considered.

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NEW SECTION

WAC 236-18-070 Guidelines for selecting designs for major works. Proposing entities must address the following guidelines in proposing a design for a major work. Formal proposals prepared by proposing entities must include a description of how the design considers and responds to each of these guidelines. GA, CCDAC and SCC will use the following guidelines to evaluate and recommend or approve a final design selection.

(1) Legibility and meaning. The intended message of the work shall be clear and understandable, regardless of its type or style. The work shall convey meaning of enduring value that will continue its significance for future generations.

(2) Approachability and accessibility. Works shall be designed to permit people to engage with them: To have visual clues as to their location and to get close enough to be able to read them and examine details. Because major works often are gathering points, they shall be designed to meet Americans with Disability Act standards and, when necessary, provide such amenities as seating, paving, handrails, and ramps.

(3) Materials. Materials shall be chosen for their durability, sculptural qualities, visibility, and maintainability. Consideration shall also be given to rhythm and harmony with the existing setting.

(4) Vulnerability. The design of major and minor works shall be conscious of the potential for vandalism and minimize the opportunity for intentional defacement or destruction.

(5) Climatic context. The design shall consider issues of sunlight and shade, wind, rain and the variety of Washington seasons.

(6) Evening illumination. Major and minor works may be enhanced with night illumination integral to the work's design. Such illumination shall not conflict with other works, open space, buildings and their inhabitants, and the overall landscape.

(7) Completion. Works that by their nature are not complete at the time of installation, such as those to which names or dates are to be added over time, are strongly discouraged, except when such lists are incorporated as an integral part of the artistic design of the work.

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NEW SECTION

WAC 236-18-080 Procedure for development and review of major works proposals. The department and the state capitol committee will follow a procedure for reviewing and evaluating major works proposed for placement on state capitol grounds, with the advice and assistance of the capitol campus design advisory committee and the Washington state arts commission.

The purpose of the procedure is to:

(1) Ensure that major works on state capitol grounds are carefully selected, designed, constructed and located to meet the criteria established in WAC 236-18-030 and address the guidelines provided in WAC 236-18-060 and 236-18-070;

(2) Preserve open space as a complete, precious and protected landscape feature of the state capitol grounds that invites public recreation and participation;

(3) Preserve options for placement of works on state capitol grounds for future generations. To further this purpose the department and the SCC shall:

(a) Encourage those proposing commemorative works to consider alternatives to monuments, such as groves, gardens, sculpture, fountains, and the naming of existing campus features;

(b) Strongly encourage groups with related or similar interests to combine their proposals;

(c) Encourage proposing entities to consider temporary works, or to consider temporary placement on state capitol grounds of works to be permanently located at other sites;

(d) Cooperate with local authorities to develop opportunities for proposed works of significance to Washington state citizens which may be located outside the west campus of the state capitol grounds but within the capital community of Olympia, Tumwater and Lacey;

(4) Provide instructions to guide proposing entities in developing successful major works proposals.

The Washington state arts commission (WSAC) may undertake major works on the state capitol grounds as part of its responsibilities under chapters 43.46, 43.17 and 43.19 RCW. The site selection and criteria for these works shall be developed in compliance with the provisions of this chapter.

The procedure for development and review of major works proposals will follow the steps below.

1. Proposing entity.

a) Submits a preliminary proposal to the director for the development and placement of a major work on state capitol grounds. The preliminary proposal must describe:

The concept and subject matter;

How the proposal meets the criteria in WAC 236-18-030;

Preconceived design and site considerations, if any, to include size of the work;

A description of the kinds of activities the site and the work may need to accommodate (public gatherings or ceremonies, for example);

Anticipated cost and planned source of funding.

b) Designates a single spokesperson for the proposing entity.

2. Department of general administration (GA).

a) Provides advice and assistance as needed in understanding and addressing the criteria in WAC 236-18-030 and makes available to proposing entities a copy of the master plan.

b) Reviews the preliminary proposal to determine if it meets the criteria in WAC 236-18-030 and should proceed to step three.

c) Informs the state capitol committee (SCC) of all proposals received and reviewed.

3. GA director and spokesperson for the proposing entity.

Provide an initial briefing to the members of the SCC on the preliminary proposal. The purpose of this briefing is to identify threshold issues or concerns with the proposing entity's concept, subject, or siting considerations. Capitol campus design advisory committee (CCDAC) members shall also receive initial briefings at this time.

4. SCC.

a) Grants approval to proceed with site selection (step 5); or

b) Denies approval; or

c) Refers the proposal to the CCDAC for review and advice; and/or

d) Requests that the proposing entity reconsider aspects of their proposal.

5. Proposing entity.

Once preliminary proposal has been approved by the SCC, describes the conditions and characteristics of the proposed work that may affect its location, developing a set of criteria that describe a preferred setting and design. In the case of existing works, the criteria will relate only to the setting for the work.

6. GA.

a) Reviews appropriate subcampus plans to identify planned sites meeting the criteria developed by the proposing entity. GA will consult with the proposing entity, and may provide a campus tour, discuss possible locations, and point out any constraints or barriers to various locations.

b) Selects a short list of sites that best meet the criteria.

c) Establishes specific design and site development guidelines for each site. These specific guidelines describe in greater detail the opportunities or restrictions on design development that are unique to each site.

7. CCDAC and WSAC.

Review selected sites and the development guidelines established by GA. CCDAC and WSAC may meet together or separately. Either body may:

a) Recommend revisions to GA's site development guidelines; or

b) Recommend that the proposing entity reconsider aspects of their preliminary proposal; or

c) Offer recommendations for consideration by the SCC.

8. GA director and spokesperson for the proposing entity.

a) Brief the SCC on the sites and site development guidelines.

b) If the proposal is for a work yet to be selected or designed, the proposing entity also describes:

The selection/design process to be used;

Anticipated budget and source of funding; and

Preconceived design considerations within the context of the proposed sites.

9. SCC.

a) Grants site approval and, if the proposal is for placement of an existing work, authorizes the department to acquire the work; or

b) Requests further consideration by GA and CCDAC.

10. Proposing entity.

a) Once the site has been approved by the SCC, begins a process to design or select the work if the proposed work is yet to be selected or designed. This step may take several forms: A design competition; selection from a list of appropriate available works; selection of an artist or team which might include an artist, architect, or landscape architect who will design and produce a custom work. GA may provide assistance in this process. One representative of the department and one representative of the CCDAC shall be included in the proposing entity's selection process and final selection committee.

b) Selects final design proposal or proposes a completed work.

c) Submits a formal proposal to GA and the SCC that describes:

How the proposal meets the criteria in WAC 236-18-030;

How the proposal considers and responds to the guidelines provided in WAC 236-18-060 and 236-18-070;

How the proposal addresses the administrative requirements of WAC 236-18-040; and

Scale drawings or illustrations. A scale model may also be provided.

11. CCDAC, WSAC.

Review the formal proposal, meeting together or separately, and make recommendations to the director and to the SCC.

12. GA director and spokesperson for the proposing entity.

Present the formal proposal to the SCC for approval.

13. SCC.

a) Grants final approval; or

b) Requests that the CCDAC, WSAC, and GA director continue to work with the proposing entity to redevelop the proposal.

c) May require future check points.

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NEW SECTION

WAC 236-18-090 Standards for minor works on state capitol grounds. The requirements of WAC 236-18-040 and the guidelines established in WAC 236-18-060 and 236-18-070 shall apply for design and placement of minor works to the extent applicable, as determined by the director on a case-by-case basis. Minor works may include small artistic works and sculptural elements.

Plaques. Historic markers describing a memorialized person, historic place or event, or plaques describing a work or identifying significant natural features shall be fabricated to meet the following standards:

(1) Material - cast bronze.

(2) Letter style - bookman.

(3) Border style - single line edge.

(4) Background texture - pebble.

(5) Finish - bronze satin face and edges, natural colored background, semi-gloss polyurethane finish.

(6) Size - no larger than two hundred sixteen square inches (approximately 12" x 18"), no smaller than eighty square inches (approximately 8" x 10").

(7) Mounting - plaques shall be mounted on a concrete or cut stone base with a tilted face 12" or less above grade, to be determined by location of the plaque.

Living memorials. Living memorials consist of trees, shrubs, gardens, or other plantings to commemorate an individual or event. When proposing the placement of a living memorial on state capitol grounds the life expectancy of the memorial and the cost of maintenance shall be considered by the proposing entity. Selection of plant types shall be coordinated with the department for compatibility with landscape plans and existing plantings. The department shall encourage the replacement of existing, aging, or ill trees and shrubs in lieu of new plantings. When a living memorial dies, it will not be automatically replanted.

Fixtures and furnishings. Benches and other campus furnishings shall comply with Washington state capitol campus exterior furnishings and fixtures design guidelines. These guidelines are available from the department.

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NEW SECTION

WAC 236-18-100 Approval process for minor works on state capitol grounds. Proposing entities must submit a proposal to the director for placement of a minor work on state capitol grounds. The proposal shall include:

(1) A description of the work;

(2) An explanation of why the proposing entity believes it fits the definition of a minor work;

(3) A description of how the proposal meets the criteria in WAC 236-18-030 and the requirements of WAC 236-18-040, and considers and responds to the applicable guidelines under WAC 236-18-060 and 236-18-070.

The director will confirm that a proposed work is a "minor work" based on the definition provided in this rule, and may grant approval or request additional information. Review or approval by the capitol campus design advisory committee, the Washington state arts commission and the state capitol committee is not required; however, the director may seek their advice at his or her discretion.

The department will work with the proposing entity on design and siting considerations.

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