**'~.**


# )


# Chapter80.50RCW 

# ENERGYFACILITIES--SITELOCATIONS

80.50.060

80.50.150

80.50.180 80.50.040 

### 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 thesepremises: (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 pursuebeneficial changes in the environment. (3) 

### To provide abundant energy at reasonable cost. [1975-'76 2nd ex.s. c 108 § 29; 1970 ex.s. c 45 § 

### I.]

Severability--Effective**dat~197S-'76** 2nd ex.s, c 108: See ". notes following RCW 43.2IF.010. Nuclear power facilities. joint operation: Chapter54.44 RCW. Stateenergy office:Chapter43.21F RCW. Western interstate nuclear compact: RCW 43.31.400 through':'

43.31.420.

.


### RCW 80.50.020 Definitions. (1) 

### "Applicant" means: any person who makes application for a site certification? pursuantto the provisions of this chapter;**~:** 

### (2) "Application" means anyrequest forapproval ofa·:;:. particular site or sites filed in accordance with the pro-:::; cedures established pursuant to this chapter, unless the.::. contextotherwise requires;'

. ;.'. (3) "Person" means an individual, partnership, joint\ venture, private or public corporation, association, firm, public**s~rvice** 

### company, political subdivision, 

### municipal corporation, government agency, public utility district, or any otherentity. publicor private, however organized;' (4) "Site" means any proposed or approved location of an energy facility; (5) "Certification" means a binding agreement 

### between.an applicant and the state which shall embody compliance to the siting guidelines, in effect as of the date ofcertification, which have been adopted pursuant to RCW 80.50.040 as nowor hereafteramended as conditions to be met prior to or concurrent with the construction or operation of any energy facility; (6) n

### Associated facilities" means storage, transmission, handling, or other related and supporting facilities connecting an energy plant. with the existing energysup-**~Iy,** 

### processing, ordistribution system, including, but not Itmited to,.communications, controls, mobilizing or maintenance equipment, instrumentation, and other types of ancillary transmission equipment, off-line storage or**ventin~** 

### r.equired for efficient operation or safety of the transrmssion system and overhead, and surfaceor subsurface lines of physical access for the inspection, Sections 80.50.010 80.50.Q20 80.50.030

.

80.50.071

80.50.075 80.50.080 80.50.090 80.50.100

80.50.120 80.50.130 80.50.140 80.50.150

80.50.160 80.50.175

80.50.190 80.50.800 Legislativefinding--Policy--Intent. Definitions. Energy facility site evaluationcouncil-Created--

. Membership. Energy facility site evaluationcouncil--Powers

enumerated. Energy facilities to which chapter applies--Applications forcertification--Forms-Information. Council to receiveapplications--Fees or charges for

application processing or certification monitoring. Expedited processing of applications. Counsel for the environment. Public hearings. Recommendations togovernor--Approvalor rejection

ofcertification--Reconsideration. 80.50.110**C~apter** governs and supersedes other law or regulaltons--Preemptionof regulation andcertificationby state. Effect of certification. Revocation or suspension ofcertification--Grounds. Review. Enforcement ofcompliance--Penalties (as amended

by 1979 c 41). Enforcement ofcompliance--Penalties (as amended

by 1979 ex.s. c 254). Availability of information. Study of potentialsites--Fee--Dispositionof

payments. Proposals and actions by other state agencies and local

political subdivisions pertaining to energy facilities exempt from 'detailedstatement' required by RCW 43.21C.030. Disposition'of receipts from applicants.Rules of thermal plant site evaluation council to continue until amended or rescinded. 80.50.900 Severability--1970ex.s. c 45. 80.50.901 Severability--1974ex.s.cliO. 80.50.902 Severability--1977ex.s. c 371. Energy supply emergencies: Chapter 43.21G RCW. State energy office: Chapter 43.21F RCW.Water pollution control. energy facilities, perrnits.. etc., duties of energy facility site evaluation council: RCW 90.48.262.



### RCW 80.50.010 Legislative finding--Policy-- Intent. 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 proposed site. The legislature recognizes that the selection of sites will have a significant impact upon the welfare of the population, the location andgrowth of industry and the use of the natural resources of the state

.. It is the policy of thestateofWashington to recognize the pressing need for increased energy facilities, and to

ensure through available and reasonable methods, that**th~** 

### .location and operation of such facilities will produce minimal adverse effects on the environment, ecology of the land and its wildlife, and the ecology ofstate waters and theiraquatic life.**;,'~:~;~,** 

### "-..-1

(1983 Laws) [eb. 80.50RCW-p I)

### 110.50.020 Energy Facilities--8iteLocations 

# '.

maintenance, and safe operations ofthe transmission fa-' cilh'y and new transmission lines constructed to operate at nominal voltages in excess of200,000 volts to connect

a thermal power plant to the northwest power grid: Provided, That common carrier railroads or motor vehicles shall not be included; (7) "Transmission facility" means any of the follow-

.ing togetherwith theirassociated 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; (b) Natural gas, synthetic fuel gas, or liquified 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 for the purpose ofdelivering gas to a distribution facility, except an interstate natural gas pipeline regulated by the United States federal power commission; (8) "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;

(9) 

### "Thermal power plant" means, for the purpose of certification, any electrical generating facility using any fuel, including nuclear materials, for distribution of electricity byelectric utilities; (10) "Energy facility" means an energy plant or transmission facilities: Provided, That the following are excluded from theprovisionsof 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 forenergy purposes; and (b) Facilities operated by and for the armed services for military purposes or by other federal authority for the national defense; (II) "Council" means the energy facility site evaluation council created by RCW 80.50.030; (12) "Counsel for environment,- means an assistant attorney general or a special assistant attorney general who shall represent the public in accordance with RCW 80.50.080; (13) "Construction" means on-site improvements, ex-

. eluding exploratory work, which cost in excess of two hundred fifty thousand dollars; (14) "Energy plant" means the following facilities together with their associated facilities: (a) Any stationary thermal power plant with generating capacity of two hundred fifty thousand kilowatts or

moreand floating thermalpowerplantsof fifty thousand kilowatts or more, including associated facilities; (b) Facilities which will have the capacity to receive liquified natural gas in the equivalent ofmore than one hundred million standard cubic feet of natural gas per day, which has been transported over marine waters;

-(c).Facilities which will have the capacity to receive

more than an average of fifty thousand barrels per day 

# -iCb.SO.SORCW-:p11 

### ofcrude or refined petroleum or liquified 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; (d) Any underground reservoir forreceipt 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 ofnatural gas per day; and (e) Facilities capable ofprocessing more than twentyfive thousand barrels per day of petroleum into refined products; (15) "Land use plan" means a comprehensive plan or land use element thereofadopted bya unit of local government pursuant to chapters 35.63, 35A.63, or 36.70 RCW; (16) "Zoning ordinance" means an ordinance of a unit oflocal government regulating the use of land and adopted pursuant to chapters 35.63, 35A.63, or 36.70 RCW or ArticleXI of the stateConstitution. [1977 ex.s.

c. 371 

### § 2; 1975-'76 2nd ex.s. c 108

### § 30; 1970 ex.s. c 45 § 

### 2.]

Severability-Effective date--1975-'76 2nd ex.s, c 108: See notes following RCW 43.21 F.OIO.



### RCW 80.50.030 Energy facility site evaluation council--ereated--Membership. (I) There is hereby created and established the "energy facility site evaluationcouncil". (2) Thechairmanof the councilshall beappointed 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 andshallberemovablefor cause. Thechairmanmay designate a member of the council to serve as acting chairman in the event of the chairman's absence. The salary of the chairman shall be determined pursuant to the provisions of RCW 43.03.040. The chairman shall be deemed a "state employee" for the purposes of chapter 42.18 RCW. (3) Thecouncil shall consist of the directors, administrators, or their designees. of the following departments, agencies, commissions and committees or their statutory

successors: (a) Department of ecology (b) Department of fisheries (c) Department ofgame (d) Department ofparks and recreation (e) Department of social and health services (f) 

### Stateenergy office (g) Department of commerce and economic development (h) Utilities and transportationcommission (i) Officeofprogramplanningand fiscal management 

## U> Department ofnatural resources

. (k) Planning and community affairs agency (I) Department ofemergency services (01) 

### Departmentofagriculture (n) Departmentofhighways. (4) The appropriatecounty legislativeauthorityof every county wherein an application for a proposed site·is·_·

-

(1983 Laws)

# ~~~. 

# .----**.";'~·l:-,** 

# VEnergy Facilities--Site Locations 80.50.060**.,~**

### ;r~:?i\ j



# -----

...... 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 represents and such member or designee shall

serve until there has been a final acceptance or rejection ofsuch proposed site; (5) The city legislative authority ofevery city within whosecorporate limits an energy plant 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 represents and such member or designee shall serve until there has been a final acceptance or rejection of such 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 represents and such member or designee shall serve until there has been a final acceptance or rejection ofsuch 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. [1977 

### ex.s. c 371 

### § 3; 1975-'76 2nd ex.s. c 108 

### § 31; 1974

### ex.s,c 171 

### § 46; 1970ex.s. c 45 § 3.]

Re,ise,', note: (I) The 'officeofprogram planning and fiscal management' was redesignated as 'office of financial management" by 1977ex.s, c t t4; see RCW 43.41.035.

(2) Powers. duties, and functions ofdepartment of highways transferred to department of transportation; see RCW 47.01.031. Term "department of highways" means department of transportation; see RCW 47.04.015.

SeYerability--Errecthe date---1975-'76 2nd ex.s, c 108: See notes following RCW 43.21F.OIO.



### RCW 80.50.040 Energy facility site evaluation council--Powers enumerated. The council shall have the following powers: (I) To adopt, promulgate, amend, or rescind suitable rules and regulations, pursuant to chapter 34.04 RCW,
to carry out the provisions ofthis chapter. and the policies and practices of the council in connection therewith; (2) To appoint an executive secretary to serve at the pleasure ofthe council: (3) To appoint and prescribe the duties of such clerks, employees, and agents as may be necessary to carry out the provisions ofthis chapter: 

### Provided. That such persons shall be employed pursuant to the provisions of 

### chapteral.Oe RCW; (4) To develop and apply environmental and ecological guidelines in relation to the type, design, location, construction. and operational conditions of certification ofenergy facilities subject to this chapter: (5) To establish rules of practice for the conduct of public hearings pursuant to the provisions of the Administrative Procedure Act, as found in chapter 34.04 RCW;

(19g3 Laws) (6) To prescribe the form, content, and necessary supporting documentation for sitecertification; (7) To receive applications for energy facility locations and to investigate the sufficiency thereof; (8) To make and contract, when applicable, for independent studies of sites proposed by the applicant; (9) To conduct hearings on the proposed location of the energy facilities; (10) 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 ofthe application; (II) 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 RCW 80.50.040(14): 

### 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 shall retain authority for determining compliance relative to monitoring; (12) To integrate its site evaluation activity with activities of federal agencies having jurisdiction in such
matters to avoid unnecessary duplication; (13) To present state concerns and interests to other states, regional organizations, and the federal government on the location, construction, and operation ofany','
energy facility which may affect the environment," health, or safety of the citizens of the state 

### of .: Washington; .', (14) To issue permits in compliance with applicable' provisions of the federally approved state implementa-. tion 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 ofenergy facilities: 

### Provided. That such permits shall become effective only if the governor approves an' application for certification and executes a certification agreement pursuant to this chapter: 

### And providedFurther. That all such permits be conditioned upon compliance with all provisions of the federally approved state implementation plan which apply to energy facilities covered wit hin the provisions of this chapter. [1979 ex.s. c 254 § I: 1977cx.s, c 371 

### § 4: 1975-'76 2nd ex.s. c 108 § 32; 1970 ex.s. c 45 

### § 4.)**Se~erability--Errectiw** dale--t975-'76 2nd ex.s. c 108: See notes following RCW 43.2\F.OIO.



### RCW 80.50.060 Energy facilities to which chapter applies--Applications for certification-FormsInformation. (I) The provisions of this chapter shall apply to theconstruction ofenergy facilities which includes the new construction ofenergy 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



### leb.80.50 RCW-p3)

### 80.50.060 .-"



### Energy Facilities--8iteLocations

meets or exceeds those capacities or dimensions set forth in RCW 80.50.020(7) and *(

### 17), as now or herea fter amended. No construction ofsuch energy facilities may 

### be undertaken, except as otherwise provided in this chapter, after July 15, 1977, without first obtaining certification in the mannerprovided in this chapter. (2) 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 *(

### 17), as now or hereafter amended. (3) Applications for certification of energy facilities made prior to July 

### IS, 1977 shall continue to be.governed by the applicable provisions of law ineffecton the day immediately preceding July 

### IS, 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. 

### ('l) 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. [1977 ex.s. c 371 

### § 5; 1975-'76 2nd ex.s. c 108 

### § 34; 1970 ex.s, c 45 

### § 6.]

*Re,iser'snote: The**~eference** to subsection (17) ofRCW 80.50.020 appears to beerroneous. Su bsection (14) was apparently intended.

Senrability-Effecti,e date-1975-'76 2nd ex.s. c·108: See notes following RCW 43.21 F.OIO.



### RCW 80.50.071 Council to receive applicationsFees orchargesfor applicationprocessingor certification mdhitoring. (I) The council shall receive all applications for energy facility site certification. The following fees

or charges for application processing or certification monitoring shall be paid by the applicant or certificate holder: (a) A fee of twenty-five thousand dollars for each proposed site, to be applied toward the cost of the independent consultant study authorized in this subsection. shall accompany the application and shall be a condition precedent to any further consideration or action on the application by the council. The council shall commission its own independent consultant study to measure the consequences of the proposed energy facility on the environment for each site application. The council shalldirect the consultant to study any matter which it deems essential to an adequate appraisal of the site. The full cost of the study shall be paid by the applicant: 

### Provided, That said costs exceeding a total of the twentyfive thousand dollars paid pursuant to subsection (I)(a) of this section shall be payable subject to the applicant giving priorapproval to suchexcess amount.

{b) Each applicant shall, in addition to the costs of the independentconsultantprovided by subsection (I)(a) ofthis section, pay such reasonable costs as are actually and necessarily incurred by thecouncil in processing the application. Such costs shall include, but are not limited to, costs of a hearing examiner, a court reporter, additional staffsalaries, wages andemployee benefits, goods and services. travel expenses within the state and mis-**~--** 

### __**cellane.ous_elt~!l~eli,_as** 

### arise directly from processing such application.

.

(a..80.50RCW......,4) 

### Each applicant shall, at the time of application submission, deposit twenty thousand dollars, or such lesser
amount as may be specified by council rule, to cover
costs provided for by subsection (IHb) of this section. Reasonable and necessarv costs of the council directly attributable to application processing shall be charged against suchdeposit. Thecouncil shall submitto each applicantastatement ofsuchexpenditures actually 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 amounton 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 againstrequired deposits ofcertificate holders. (c) 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 and operation of the facility. Each certificate holder, within thirty days of execution of the site certification agreement, shall deposit twenty thousand dollars, or such other amount as may be specified by council rule, to cover costs provided for by subsection (l)(c) of this section. Reasonable and necessary costs of the council directly attributable to inspection and determination ofcompliance by the certificate holderwith the terms of the certification relative to monitoring the effects of construction and operation of . the facility shall becharged against such deposit. The council shall submit to each certificate holder a
statement ofsuch expenditures actually made duringthe 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, reasonable. and necessary expenditures for inspection and determination ofcompliance in the preceding calendar quarter have exceeded the amount of funds on deposit, such excess costs shall be paid by the certificate holder. (2) 

### If an'applicant or certificate holder fails to provide the initial deposit. or ifsubsequently 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 oftheapplication until paymentis received; or (b) in the

case of a certificate holder, suspend the certification. (3) All payments required ofthe applicant or certificateholderunder 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 subjectto state auditing procedures. Any unexpended

(1983 Laws) ,,:•.**~.- "~"'i** **~-.....,.I.,**Energy Facilities--Site Locations 80.50.100



# '''-' portions thereof shall be returned to the applicant or certificate holder. [1977 ex.s. c 371 § 16.]

RCW 80.50.075 Expedited processing of applications. (I) Any person required to file an application for certification of an energy facility pursuant to this chapter may apply to the council for an expedited processing of such an application. The application for expedited processingshall be submitted to the council insuch form and manner and accompanied by such information as may be prescribed by council rule. The council may grantan applicantexpedited processingof an application for certification upon finding that: (a) The environmental impact of the proposed energy facility; (b) The area potentially affected; (c) The cost and magnitude of the proposed energy facility; and (d) The degree to which the proposed energy facility represents achange in use ofthe proposed site

are not significantenough to warrant a full review of the application for certification under the provisions of this chapter. (2) Upon granting an applicant expedited processing of an application for certification, the council shall not

.be required to: (a) Commission an independent study, notwithstanding the provisions ofRCW 80.50.071; nor (b) Hold acontestedcase hearingunderchapter 34.04 RCW on the application.



### (3) The council shall adopt rules governing the expedited processing of an application for certification pursuant to this section. [1977 ex.s. c 371 § 17.]

RCW 80.50.080 Counsel for the environment. After the council has received a site application, 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 protectingthe qualityofthe environment. Costs incurred by the counsel for the environment in the performance of theseduties shall becharged to theofficeof the attorney general. 

### and shall not be a charge against the appropriation to the energy facility site evaluation council. He shall be accorded all the rights. privileges and responsibilities of an attorney representing 

### a party in a formal action. This section shall not beconstrued to preventany person from being heard or represented by counsel in accordance with the other provisions of this chapter. [1977 ex.s. c 371 

### §6; 1970 ex.s. c 45 § 8.]

RCW 80.50.090 Public hearings. (I) The council shall conduct a public hearing in the county of the proposed site within sixty days of receipt of an application for site certification: 

### Provided, That the place of such public hearing shall be as elose as practical to the proposed site. (2) The council must determine at the initial public hearing whether or not the proposed site is consistent andincompliance with county or regional land use plans

(1983 Laws) or zoning ordinances. If it is determined that the proposed site does conform with existing land use plans or zoning ordinances in effect as ofthe date ofthe application, the county or regional planning authority shall not thereafter change such land use plans or zoning ordinances so as to affect the proposed site. 

### (3) Prior to the issuance of a council recommendation
to the governor under RCW 80.50.100 a public hearing, conducted as 

### a contested case under chapter 34.04 RCW. shall be held. Al such public hearing any person shall be entitled lO be heard in support of or in opposilion to the application for certification. (4) Additional public hearings shall be held as deemed appropriate 

### by the council in the exercise ofits functions under this chapter. [1970 ex.s. c 45 

### § 9.]

RCW 80.50.100 Recommendations to governor-- Approval or rejection of certification-Reconsideration. (I) The council shall report to the governor its recommendations as to the approval or rejection of an application for certification within twelve months ofreceipt by the council of such an application, or such later time as is mutually agreed by the council and the applicant. 

### Ifthe council recommends approval of an applica-

. tion for certification, it shall also submit a draft certification agreement with the report. The council shall include conditions in the draft certification agree-

. ment to implement the provisions of this chapter, in- ' eluding, 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 oflaws or ' ordinances, or rules or regulations promulgated thereun- .'C· der, that are preemptedor superseded pursuantto RCW**'~** 80.50.110 as now or hereafter amended.**~,,:** (2) Within sixtydays ofreceipt

### ofthecouncil's report.': the governor shall take one ofthe following actions: (a) Approve the application and execute the draft certification agreement; or (b) Reject the application; or (c) Direct the council to reconsider certain aspects of the draftcertification agreement. 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 contested case 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 ofsuch draft certification agreement, the
governorshall eitherapprove the applicationand execute the certification agreementor reject the application. The certification agreement shall be binding upon execution by the governor and the applicant. (3) 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 ofchanged conditions

or new information. [1977 ex.s. c 371 § 8; 1975-'76 2nd

ex.s. c 108 

### § 36; 1970 ex.s. c 45 

### § 10.]

[Cb.SO.50RCW-p5J,-_.



### __..**_.~.~** ..

# __ ._ ...



# .-.

80.50.100 Energy Facilities--SiteLocations

Severability--Effective date--197S-'76 2nd ex.s. c 108: See notes following RCW 43.21F.OlO.**~CW** 

### 80.50.110 Cbapter governs and supersedes otber law or regulations--Preemption of regulation and certification by state. (1) If any provision of this chapteris inconflictwith anyotherprovision, 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 there

### under shall be deemed superseded for thepurposes 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 ineluded under RCW 80.50.060 as now or hereafter amended. [1975-'76 2nd ex.s. c 108 

### § 37; 1970 

### ex.s. c 45 

### § IL]

Severabillty--Effecthe date--197S-'76 2nd ex.s, c 108: See nol,eS following RCW 43.21F.OIO.

RCW 

### 80.50.120 Effect of certification. (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 ofthe councilor not, as to the approval ofthe site and the construction and operation ofthe proposed energy facility. (2) The certification shall authorize the person named therein to construct and operate the proposed energy fa**cil~ty** subject only to the conditions set forth in such 

### certification. (3) The issuance ofa certification shall be in .Iieu of
any permit, certificate or similar document**reqUl~ed.** by any department, agency, division, bureau, comrmssron, board, or political subdivision of this state, whether a member of the councilor not. [1977 ex.s. c 371 

### § 10; 1975-'76 2nd ex.s. c 108 § 38; 1970ex.s. c 45 § 12.]

Severability--Effective date--1975-'76 2nd ex.s. e 108: See notes following RCW 43.21F.OIO.

RCW 

### 80.50.130 Revocation or suspension ofcertification--Grounds. Any certification may be revoked or suspended:

.. . (1) For any material false statement 10 the application or in the supplemental or additional statements of fact

or studies required ofthe applicant when a true answer would have warranted the council's refusal to recommend certification in the first instance; or (2) For failure to comply with the terms or conditions ofthe originalcertification; or (3) For violation of the provisions of this chapte.r, regulations issued thereunder or order of the council, (1970ex.s. c 45 

### § 13.]

RCW 

### 80.50.140 Review. 

### (I) A final decision pursuant to RCW 80.50.100 on an application for certification shall be subject to judicial review pursuant to provisions of chapter 34.04**R~~** and this section

.. Petitions for review ofsuch a deCISIOn shall be filed 10 the



### ICb. BO.SO RCW-p 6) Thurston county superior court. All petitions fo}

### revie~ of a decision under RCW 80.50.100 shall be consolidated into a single proceeding before the Thurst.on county superior court. The Thurston county superior
court shall certify the petition for review to the supreme

.court upon the following conditions: (a) Review can be made on theadministrative record; (b) Fundamental and urgent interests**affe~~i~g** the public interest and development of energy 

### facilities are involved which require a prompt determination; (c) An appeal to the supreme court would likely be made regardless of thc 

### determination of the Thurston county superiorcourt; and (d) The record iscomplete for 

### review. The Thurston county superior court shall assign a petition for review of

### adecision under RCW 80.50.100 for hearing at the earliest possible date and shall expedite such petition in every way possible. If the court finds that review cannot be limited to the administrative record as set forth in subparagraph (a) of this subsection because there are alleged irregularities in the procedure before thecouncil not found in therecord, but finds that the standards set forth in subparagraphs (b), (c), and (d) ofthis subsection are met, the court shall proceed to take testimony and determine such factual issues raised by the alleged irregularities and certify the petition and its determination ofsuch factual issues to the supreme court. Upon certification, the supreme court shall assign the petition for hearing at the earliest possible date, and it shall expedite its review and decision in every way possible.

. . (2) Objections raised by any party 10 interest concerning procedural error by the council shall .be. filed with the council within sixty days ofthe comrrussion of such error, or within thirty days ofthe first public hearing or meeting ofthe council at which the general subject matter to which the error is related is discussed, whichevercomes later. or such objection shall be deemed waived for purposes ofjudicial review as provided in this section. (3) The rules and regulations adopted by the counc!1 shall be subject to judicial review pursuant to the provisions ofchapter 34.04 RCW. [1981 c 64 

### § 3; 1977 ex.s. c 371 § 11; 1970ex.s. c 45 § 14.]

RCW 80.50.150 Enforcement of compliance--Peoalties (as amended by 1979 c 4)). (I) The courts are authorized to grant**su~h** restraining orders, and such temporary andpermanentinjunctive**~ehef** as is necessary to secure compliance with this chapter and/or with a site certification agreement issued pursuant to this**chapte~** or National Pollutant Discharge Elimination System (hereafter In thIS section. NPDES) permit issued by the council pursuant tochapter90.48 RCW. The court may assess civil penalties in an amount not less than

one thousand dollars per day nor more than**twenty-fiv~ thousa~d**  d?llars per day for each day ofconstruction or operation I.n mate!lal**~Io** lation of this chapter, or in material violation of any site certification agreement issued pursuant to this chapteror in violation of any Np· DES permit issued by the council pursuant to chapter 90.48**RC~.** The court may charge the expenses of an enforcement action relating to a site certification agreement under this section, including. but not limited to, expenses incurred for legal services and expert**test~mony,** againstany person found to beinmaterialviolation of the provisions of suchcertification: Provided, Thatthe expenses of a person found not to be in material violation of the provisions of such certification, including. but not limited .to, expe.nses.incurred for legal**se.':"i.c~. ~nd**  expc---",-

(1983 Laws)

### EnergyFacilities-SiteLocations 80.50.150

# F~?; <:» testimony, maybecharged against the person or persons bringing an enforcement action or other action under this section.

(2) Wilful violation of any provision of this chapter shallbea gross misdemeanor.

(3) Wilful or criminally negligent. as defined in RCW 9A.08.010(dl. violation of any provision of an NPDES permit issued by the council pursuant to chapter 90.48 RCW shall be deemed a crime, and upon conviction thereof shallbepunished by a fine of up totwenty-five thousand dollars per day and costs of prosecution. Any violation of this subsection shallbea gross misdemeanor.

(4) Any personknowingly making any falsestatement, representation, or certification in any document in any NPDES form, notice, or report required by an NPDES permit shall be deemed guilty of a crime, and upon conviction thereof shallbepunished by a fine of up to ten thousand dollars and costs of prosecution.

(5) Every person who violates the provisions of certificates and permits issued or administered by the council shall incur, in addition to any other penalty as provided by law, a penalty in an amount of up to five thousand dollars a day for every such violation. Each and every such violation shall be a separate and distinct offense, and in case of a continuing violation, every day's continuance shall beand be deemed to be a separate and distinct violation. Every act of commission or omission whichprocures,aids, or abets in the violation shallbeconsidered a violation under the provisions of this section and subject to the penalty provided in this section. The penalty provided in this section shallbeimposed by a notice in writing, either by certified mail with return receiptrequestedor by personal service, to the person incurring the same from the council describing such violation with reasonable particularity. The council may, upon written application therefor received within fifteen days after notice imposing any penalty is receivedby the person incurring the penalty, and when deemed in the best interest to carry out the purposes of this chapter, remit or mitigate any penalty provided in this section upon such terms as the council shall deem proper, and shall have authority to ascertain the facts upon all such applications in such manner and under such regulations as it may deem proper. Any person incurring any penalty under this section may appeal the same to the council. Such appeals shall be filed withinthirty days of receipt of notice imposing any penalty unless an application for remission or mitigation is made to the council. When an application for remission or mitigation is made, such appeals shall be filed within thirty days of receipt of notice from the council setting forth the disposition of the application. Any penalty imposed under this section shall become due and payable thirty days after receipt of a notice imposing the same unless application for remission or mitigation is made or an appeal is filed. When an application for remission or mitigation is made, any penalty incurred hereunder shall become due and payablethirty days after receipt of notice setting forth the disposition of the application unless an appeal is filed from such disposition. Whenever an appeal of any penalty incurred hereunder is filed. the penalty shall become due and payable only upon completion of all review proceedings and the issuance of a final order confirming the penalty in whole or in part. If the amount of any penalty is not paid to thecouncil within thirty days after it becomes due and payable, the attorney general, upon the requestof the council, shall bring an action in the name of the state of Washington in the superior court of Thurston county or of any county in whichsuchviolator may do business, to recover such penalty. In all such actions the procedure and rules of evidence shallbethe same as an ordinary civilaction except as otherwisc provided in this chapter. All penalties recovered under this section shall bepaidintoIhe state treasury andcredited 10Ihegeneral fund.

(6) Civilproceedings 10enforce Ihischapter may bebrought bytbc allorney generalor theprosecuting uuorney ofany county affected by the violation on his own motion or at the requestof the council. Criminal proceedings to enforcethis chapter may be brought by the prosecuting attorney of any county affected by the violation on his own motion or at the request of the council.

(7) The remedies and penalties in this section, both civil and criminal, shallbecumulative and shall be in addition to any other penalties and remedies available at law, or inequity, to any person. [1979 c 41 § I; 1977 ex.s. c 371 § 12; 1970 ex.s. c 45 § 15.J

RCW 80.50.150 Enforcement of compliance-Penalties (as amendedby 1979ex.s, c 154).(I) The courts are authorized to grant such restraining orders, and such temporary and permanent injunctive relief as is necessary to secure compliance with this chapter and/or

(1983 Laws) with a sitecertification agreement issued pursuant to thischapteror a National Pollutant Discharge Elimination System (hereafter in this section, NPDES) permit issued by the council pursuant tochapter90- .48 RCW or any permit issued pursuant to RCW 80.50.040( 14). Thecourt may assess civil penalties in an amount not less than one thousand dollars per day nor more than twenty-five thousand dollars per day for each day of construction or operation in material violation of thischapter,or in material violation of any site certification agreement issued pursuant to this chapter, or in violation of any NPDES permit issued by the council pursuant to chapter 90.48 RCW, or in violation of any permitissued pursuant to RCW 80.50.040(14). The court maycharge the expenses of an enforcement action relating to a site certification agreement under this section. including, but not limited to,ex- penses incurred for legal. services and expert testimony, against any person found tobein material violation of the provisions of suchcertification: Provided. That the expenses of a person found not to bein material violation ofthe provisions of such certification, including, butnot limited to, expenses incurred for legal services and expert testimony, may be charged against the person or persons bringing an enforcement action or other action under this section.

(2) Wilful violation of any provision of this chapter shallbea gross misdemeanor. .

(3) Wilful or criminally negligent. as defined in RCW 9A.08.010(dl, violation or any provision of an NPDES permit issued by the council pursuant to chapter 90.48 RCW or any permit issued by the council pursuant to RCW 80.50.040(14) or any emissionstandards promulgated by the council in order to implement the Federal CleanAir Act and the state implementation plan with respect to energy facilities under thejurisdictionprovisionsof this chapter shallbedeemed a crime, and upon conviction thereof shall bepunished by a fine of up to twenty-five thousand dollars per day and costs of prosecution. Any' violation of this subsection shallbea gross misdemeanor.

(4) Any person knowingly making any false statement, representation, or certification in any document in any NPDES form, notice, or report required by an NPDES permit or in any form, notice, orreport required for or by any permit issued pursuant to *RCW 80.50.090(14):- shall be deemed guilty of a crime, and upon conviction thereof shall be' punished by a fine of up to ten thousand dollars and costs of prosecution.

(5) Every person who violates the provisions of certificates and per':' mits issued or administered by the council shall incur, in addition to . any other penalty as provided by law, a penalty in an amount of up to: five thousand dollars a day for every such violation. Each and every such violation shall be a separateand distinct offense, and incase ofa. continuing violation. every day's continuance shall be and bedeemed to be a separate and distinct violation. Every act of commission or omission which procures, aids, or abets in the violation shallbeconsid- . ered a violation under the provisions of this section and subject to the penalty provided in this section. The penalty provided in this section shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the personincurring the same from the council describing such violation with reasonable particularity. The council may. upon written application therefor received within fifteen days after notice imposing any penalty is receivedby the person incurring the penalty, and when deemed in the best interest to carry OUI [he purposes of this chapter, remit or mitigate any penalty provided in this section upon such terms as the council shall deem proper, and shall have authority to ascertain the facts upon all such applications in such mannerand under such regulations as it may deem proper. Any person incurring any penalty under this section may appeal thc same 10 the council. Such appeals shall be filed within thirty daysofreceiptor notice imposingany penaltyunless an applicalion for remission or miugution is made III the. council. When an application for remission or mitigation is made, such appeals shall be filed within thirty days of receipt of notice from the council setting forth the disposition of the application. Any penalty imposed under this section shall become due and payable thirty days after receipt.ofa notice imposing the same unless application for remission or mitigation is made or an appeal is filed. When an application for remission or mitigation is made, any penalty incurred hereunder shall become due and payable thirty days after receipt of notice setting forth the disposition of the application unless an appeal is filed from such disposition. Whenever an appeal of any penalty incurred hereunder is filed, the penalty shall become due and payable only upon completion of all re-view proceedings and the issuance of a final order confirming the penalty in whole or in part. If the amount of any penalty is not paid to the

(Cb;80.50 RCW-1' 7) 

### "

### 80.50.150 

# .-.

Energy Facilities--SiteLocations

council within thirty days after it becomes due and payable. the attorney general, upon the request of the council, shall bring an action in the name of the stateofWashington in the superiorcourt ofThurston county or of any county in which such violatormay do business, to recover such penalty. In all such actions the procedure and rules of evidence shall be the same as an ordinarycivil action except as otherwise provided in this chapter. All penalties recovered under this section shall be paid into the state treasury and credited to the general fund.

.(6) Civil proceedings to enforce this chapter may be brought by the attorney general or the prosecuting attorney of any county affected by the violation on his own motion or at the request of the council. Criminal proceedings to enforce this chapter may be brought by the prosecuting attorney of any county affected by the violation on his own motion or at the request of the council.

(7) The remedies and penalties in this section, both civil and criminal, shall becumulative and shall be in addition to any other penalties andremedies available at law, or inequity, to any person. [1979 ex.s. c 254 § 2; 1977 ex.s, c 371 § 12; 1970 ex.s. c 45 § 15.]

Remer's note: (I) RCW 80.50.150 was amended twice during the 1979legislativesessions, each withoutreference to the other.

Fer rule of construction concerning sections amended more than

once at consecutive sessions of the same legislature, see RCW 1.12.025.

-(2) The reference to RCW 80.50.090(14) appears to be in error; thatsectionhas only four subsections and concerns public hearings, not issuanceofpermits. RCW 80.50.040(14) relates \0 issuanceofpermits.



### RCW 

### 80.50.160 Availability of information. The council shall make available for public inspection and copying during regular office hours at the expense of any person requesting copies, any information filed or submitted pursuant to this chapter. [1970 ex.s, c 45 

### § 16.)

RCW 

### 80.50.175 Study of potential sites-- Fee--Disposition ofpayments. (1) In addition to all other powers conferred on the council under this chapter, the council shall have the powers set forth in this

.section. (2) The council, upon request of any potential applicant, is authorized, as provided in this section, to conduct a preliminary study of any potential site prior to. receipt of an application for site certification. A fee of
ten thousand dollars foreach potential site, to be applied toward the cost of any study agreed upon pursuant to subsection (3) of this section, shall accompany the requestand shall be acondition precedentto any action on the request by the council. (3) After receiving a request to study a potential site, the council shall commission its own independent consultant to study matters relative to the potential site. The study shall include, but need not be limited to, the preparation and analysis of environmental impact information for the proposed potential site and any other
matter the council and the potential applicant deem essential to an adequate appraisal of the potential site. In conducting the study, the council is authorized to cooperate and work jointly with the county or counties in which the potential site is located, any federal, state, or local governmental agency that might be requested to comment upon the potential site, and any municipal or public corporation having an interest in the matter. The full cost of the study shall be paid by the potential applicant: 

### Provided, That such costs exceeding a total of**-r--~~------------- ---~** 



### leb.80.50RCW-p

### 81 ten thousand dollars shall be payable subject to the potential applicant giving prior approval to such excess
amount. (4) Any study prepared by the council pursuant to subsection (3) 

### of this section may be used in place of the "detailed statement" required by RCW 43.21C.030(2)(c) by any branch of government except the council created pursuant to chapter 80.50 RCW. (5) All payments required of the potential applicant under this section are to be made to the state treasurer, who in turn shall pay the consultantas instructed by the council. All such funds shall be subject to state auditing procedures. Any unexpended portions thereof shall be returned to the potential applicant. (6) Nothing in this section shall change the requirements for an application for site certification or the requirement of payment of a fee as provided in RCW 80.50.071, or change the time for disposition of an application for certification as provided in RCW 80.50.100. (7) Nothing in this section shall be construed as preventing a city or county from requiring any.information it deems appropriate to make a decision approving a particular location. [1983 c 3 

### § 205; 1977 ex.s. c 371 

### § 13; 1975-'76 2nd ex.s. c 108 

### §40; 1974 ex.s. cliO 

### § 2.]

Se,erabiUty--Effecthe date--1975-'76 2nd ex.s, c 108: See notes following RCW43.2IF.010.



### RCW 

### 80.50.180 Proposals and actions by other
state agencies and local political subdivisions pertaining
to energy facilities exemptfrom "detailed statement" required by RCW 

### 43.21C.030. Except for actions of the council underchapter 80.50 RCW, all proposals for legislation and other actions of any branch of government of this state, including state agencies, municipal and public corporations, and counties, to the extent the legislation or other action involved approves, authorizes, permits, or establishes procedures solely for approving, authorizing or permitting, the location, financing or construction of any energy facility subject to certification under chapter 80.50 RCW, shall be exempt from the "detailed statement" required by RCW 43.21 C.030. Nothing in this section shall be construed as exempting any action of the council from any provision ofchapter 43.21C RCW. [1977 ex.s. c 371 

### § 14.J

RCW 

### 80.50.190 Disposition of receipts from applicants. The state general fund shall be credited with all receipts from applicants paid to the state pursuant to chapter 80.50 RCW. Such funds shall be used only by the council for the purposes set forth in chapter 80.50 RCW. All expenditures shall be authorized by law. [1977 ex.s. c 371 

### § 15.]

RCW 

### 80;50.800 Rules of thermal plant site evaluation council to continue until amended or rescinded. All rules of the thermal power plant site evaluation council in effect on March 

### IS, 1976 shall continue in full force and effect until amended or rescinded by the energy facility site evaluation council after March 

### IS, 1976 .

. [1975:-'76

__**~nd_~x:.:'.** 

### c**.!..O~** 

### §_42.]

(1983 Laws) _ •.:

### ....



# ·(2#!:**":.~'~~'**



### .....;..

### Energy Facilities--SiteLocations

Sennbllily-Effte:live dale---1975-'76 2nd ex.s, c 108: See



### . .r--.... notes following RCW 43.21 F.OIO.



### RCW 80.50.900 Severability--1970 ex.s, c 45. If any provision of this act, or its application to any person

orcircumstanceis held invalid, the remainderof the act,

or the application of the provision to other persons or circumstances, is not affected. [1970 ex.s. c 45 § 17.)

RCW 80.50.901 Severability--1974ex.s,cliO. If any provision of this 1974 act, or its application to any person or circumstance is held invalid, the remainderofthe act, or the application of the provision to other persons or circumstances, is not affected. [1974 

### ex.s.c 110 

### § 3.]

RCW 80.50.902 Severability--1977ex.s. c 371. If any provision of this 1977amendatory act, or its application to any person orcircumstance is held invalid, the remainder of the act. or the application of the provision to other persons orcircumstances is not affected. [1977 ex.s. c 371 § 20.)

## ;.:~:~~~

.....**~,**



## ...........

(1983 Laws) 

### 80.50.902

(Cb.80.50RCW-p9)