C Energy Facilities--Site Locations

Chapter80.SO 

### ENERGYFACILITIFS--SITE LOCATIONS

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i' 80.50.110

80.50.120 80.50.130 80.50.140 80.50.150

80.50.150

80.50.180 80.50.160 80.50.175

80.50.190 80.50.800 Chapter governs and supersedes other law or regulations-Preemption ofregulation and certification by
state. Effect ofcertification. Revocation or suspension ofcertification--Grounds. Review. Enforcement ofcompliance-Penalties (as amended

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

by 1979cu. c 254). Availability ofinformation. Study ofpotential sites-Fee-Dispositionof

payments. Proposals and actions byotherstate agencies and local

political subdivisions pertaining 10energy facilities ellernpt from 'detailed statement' required by RCW 43.21C.030

. Disposition of receipts from applicants. Rules ofthermal plant site evaluation council to continue until amended or rescinded. 80.50.900 Severability-1970ex.s. c45. 80.50.901 Severability--1974cu. cliO. 80.50.902 Severability--1977ex.s. c 371. Energysupply emergencies: Chapter4J.210RCW. State energyoffice: Chapter4J.21 FRCW.
Waterpollution control, thermalpowerplants, permits; ere, dUliesof

thermalpowerplant site evaluation council: RCW90.48.262.

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 ofa procedure for the selection and utilization ofsites 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 and growth of industry and the use ofthe natural resources ofthe state. 

### It is the policy ofthe state ofWashington to recognize the pressing need for increased energy facilities, and to

ensure through available and reasonable methods. that the location and operation ofsuch 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 ofaction 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: (I) 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. [1975-'76 2nd ex.s. c 108 

### § 29; 1970 ex.s. c 45 

### § 1.)

M'tr.bilily--ErJKthe date--1975-'76 lad noS. C 108: Sec notes following RCW 43.21F.OIO. NUclearpower facilities.joinloperalion: Chapler54.44 RCW. S,a,eenergy office: Chapler4J.21FRCW. Legislative finding-Policy--Intent. Definitions. Energy facility siteevaluation council-CreatedMembership. Energy facility siteevaluation council-Powers

enumerated. Energy facilities to which chapterapplies-Applica·

tions forcertification-Forms-Information. Council to receiveapplications--F«s orcharges for

application processingorcertification monitoring. Ellpeditedprocessing ofapplications. Counsel forthe environment. Public hearings. Recommendationstogovernor--Approval or rejection

01certification-Reconsideration. 10.50.071

10.50.075 80.50.080 80.50.090 80.50.100 Sections 10.50.010 10.50.020 10.50.030

80.50.040

80.50.060

80.40.900 Short title. This act shall be known as the 'Underground Natural Gas Storage Act". [1963 c 20 I 

### § 

### 9.)

80.40.910 Chapter to be liberally construed. 

### It is intended that the provisions of this chapter shall be liberally construed to accomplish the purposes authorized andprovided for. [1963c 201 § 10.]

80.40.920 Sel'erability--1963 c 201. Ifany part or parts of this chapter or the application thereof to any person or circumstances is held to 

### be unconstitutional such invalidity shall not affect the validity of the remaining portions of this chapter, or the application thereofto other persons or circumstances.·[1963 c 20 I § 

### 11.) ownersofthe surface ofthe leased lands, and may be for suchprimary term as said commissioner may determine and as long thereafteras the lessee continues to use'suc'i lands,property, or interest therein for underground storIgeof gas. [1963 c 201 § 

### 'l.]

80.40.070 Leases by county commissioners. Wheneverit shall appear to the board ofcounty commissioners of any county that it is for the best interests ofsaid county, the taxing districts and the people thereof, that Iny county-owned or tax-acquired property owned by the county, either absolutely or as trustee, should be 

### leased for the purpose of underground storage ofnatural 

### . lIS therein, said board of county commissioners is

herebyauthorized to enter into written leases under the terms of which any county-owned lands, property, or interest therein are leased for the aforementioned pur

### poses, with or without an option to purchase the land surface. Any such lease shall be upon such terms and conditions as said county commissioners may deem for thebest interests ofsaid county and the taxing districts, and may be for such primary term as said board may determine and as long thereafter as the lessee continues to use the said lands, property, or interest therein for underground storage ofnatural gas. [1963 c 20 I 

### § 8.] I:



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(1911 Ed.) rt1tlt 80RCW-. 351 

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### SO.SO.OIO Title80 RCW: 

### Public**Utiliti~·-·_**

I :

f Western interstlte nuclear compact: RCW 4J.J/.4oo thl'f'ugh 4J.J 1. 420.



### 80.50.020 Definitions. 

### (1) "Applicant" means any person who makes application for a site certification pursuant to the provisions ofthis chapter; (2) "Application" means any request for approval ofa particular site or sites filed in accordance with the procedures established pursuant to this chapter, unless the
context otherwise requires; (3) "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 otherentity, public or private, howeverorganized; (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 now or hereafter amended as conditions to 

### be met prior to or concurrent with the construction or operation ofany energy facility; (6) "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**o~** safety of the transmission system and overhead. and surface or subsurface lines of physical access for the inspection, maintenance. and safe operations ofthe transmission facility and new transmission lines constructed to operate at nominal voltages in excess of 200.000 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 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; (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 of delivering gas to a distribution facility. except an interstate natural gas pipeline regulated by the United States federal powercommission; (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;


### fTitle 80RCW-p361 (9) "Thermal power plant" means, for the purpose of certification, any electrical generating facility using any fuel. including nuclear materials. for distribution of electricity by electric utilities; (10) "Energy facility" means an energy plant or transmission facilities: Provided. That the following are excluded from the provisions ofthis 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; (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. excluding 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

more and 

### floating thermal power plants offifty thousand kilowatts or more, including associated facilities; (b) Facilities which will have the capacity to receive liquified natural gas in the equivalent of more than one hundred miIlion standard cubic feet of natural gas per day. which has been transported over marine waters; (c) Facilities which wiII have the capacity to receive

more than an average of fifty thousand barrels per day ofcrude or refined petroleum or liquified petroleum gas which has been or will 

### be transported over marine waters, except that the provisions ofthis chapter shall not apply to storage facilities unless occasioned by such new facility construction; (d) Any underground reservoir for receipt and storage ofnatural gas as defined in RCW 80.40.010 capable of delivering an average ofmore than one hundred miIlion standard cubic feet of natural gas per day; and (e) Facilities capable of processing 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 by a unit oflocal 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 ofland and adopted pursuant to chapters 35.63, 35A.63. or 36.70 RCW or Article XI ofthe state Constitution. [1977 ex.s. c 371 

### § 2; 1975-'76 2nd ex.s. c 108 

### § 30; 1970ex.s. c 45 

### § 2.]

Senrability--Errectiwe**dlt~1975-'76** 2nd ex.s, e 108: See
notes following RCW 43.21F.OIO.

(1981 Ed.)

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Enel'J)' racilities--Site Locations 

### 80.50.040

80.50.030 Energy facility site e"aluation council:- Created-Membership. (I) There is hereby created and established the "energy facility site evaluation council" .



### (2) The chairman 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 shall be removable forcause. The chairman may 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 

### bedeemed a "state employee" for the purposes ofchapter42.18 RCW.

(3) The council shall consist ofthe directors, administrators, or their designees. of the following departments, agencies, commissions and committees or their statutory

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

## (0State energy office (g) Department of commerce and economic development (h) Utilities and transportation commission {i) 

### Officeofprogram planning and fiscal management 

### (j) Department ofnatural resources (k) Planning and community affairs agency (I) Department ofemergency services (m) Department ofagriculture (n) Department of highways. (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 represents and such member or designee shall serve until there has been a final acceptance or rejection of such proposed site; (5) The city legislative authority of every city within whosecorporate limits an energy plant is proposed to be located shall a.ppoint 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 thecouncil 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 memberto 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

(1981 Ed.) 

### 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; 1970 ex.s. c 45 

### § 3.]

Rtfiser's aolt: (I) The 'office of program planning and fiscal management' was redesignated as 'office of financial management' by 1977 ex.s. c 114; see RCW 43.41.035.

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

Seftrabilily-Effrclht dal

__1975-'76 2nd tu. e 108: See notes following RCW 43.21 F.OIO.



### 80.50.040 Energy facility site e"aluation councilPowers 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 of this chapter, and the policies and practices ofthe council inconnection therewith; (2) To appoint an executive secretary to serve at the pleasure of the 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 chapter 41.06 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; (6) To prescribe the form, content, and necessary supporting documentation for site certification; (7) To receive applications for energy facility locations and to investigate the sufficiency thereof; (8) To make and contract. when applicable, for independent studies ofsites 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

mIle80RCW-p37) t- :



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### , 80.50.040 TItle 80 RCW: Public Utilities/-



### 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 of any
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 federal1y 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 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: 

### Andprovided 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. [1979 ex.s. c 254 

### § 1; 1977 ex.s. c 371 

### § 4; 1975-'76 2nd ex.s. c 108 

### § 32; 1970 ex.s. c 45 

### § 4.)**~ferability-Erfectife** date-1975-'76 2nd ex.s. c 108: See notesfollowing RCW 43.21F.OIO.



### 80.50.060 Energy facilities to which chapter applies--Applications for certification--Forms-- Information. (I) 

### The provisions of this chapter shall apply to the construction ofenergy 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 .(17), as now or hereafter amended. 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. (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 15. 1977 shall continue to be governed by the applicable provisions of law in effect on 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. (4) 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.)

rntle 80 RCW---f381 eRefiHr's note: The reference to subsection (17) of RCW 80.50.020 appears to beerroneous. Subsection (14) was apparently intended.

Seferability-Erfectife date-1975-'76 2nd n

... e 108: See notes following RCW 43.21F.OIO.



### 80.50.071 Council to receive applications--Fees or charges for application processing or certification monitoring. (1) 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 

### beapplied 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 shall direct 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 prior approval to such excess amount. (b) Each applicant shall. in addition to the costs of the independentconsultant provided by subsection (I

### )(a) of this section. pay such reasonable costs as are actually and necessarily incurred by the council in processing the application. Such costs shall include, but are not limited to. costs of a hearing examiner. a court reporter. additional staffsalaries. wages and employee benefits. goods and services, travel expenses within the state and miscellaneous expenses. as arise directly from processing such application. 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 (l)(b) of this section. Reasonable and necessary costs of the council directly attributable to application processing shall 'be 

### chajeed against such deposit. Thecouncil shall submit to each applicant a statement of such expenditures 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 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 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

(1981 Ed.)r::-.. 

### Energy FaclHties--SiteLocations

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### the certificate holder with the terms of the certification relative to monitoring the effects of construction andoperation 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 b)' 

### subsection (IHc) of this section. Reasonable and necessarycosts of the council directly attributable to inspection and determination of compliance by the certificateholderwith the terms of the certification relative to monitoring the effects ofconstruction and operation of tilefacilityshall be charged against such deposit.

Thecouncil shall submit to each certificate holder a statementof 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 establishedlevel: 

### Provided. That if the actual, reasonable. and necessary expenditures for inspectionand 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 bolder.

(2) If an applicant or certificate holder fails to pro- "idethe 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 theapplicant, suspend processing of the application until payment is received; or (b) in the

caseof a certificate holder. suspend thecertification.

(3) All payments required of the' applicant or certificateholderunder this section are to be made to the state
treasurerwho shall make payments as instructed by the council from the funds submitted. All such funds shall be

### subjectto state auditing procedures. Any unexpended portions thereof shall be returned to the applicant or certificate holder. [1977 ex.s. c 371 § 16.]

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 processingofsuch

anapplication. 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 applicantexpedited processing of 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 a change in use of the proposed site are not significant enough towarrant a full review of the application for certification under the provisions of this chapter.

(lnt Ed.) 

### 80.50.100



### (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 of RCW 80.50.071; nor (b) Hold a contested case hearing underchapter 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.]

80.50.080 Counsel for the environment. After thecouncil has received a site application. the attorney general shall appoint an assistant attorney general as acounsel 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 shall be charged to the office of theattorneygeneral, 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 be construed to prevent any 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.]

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 close as practical to the proposed site. (2) The council must determine at the initial public hearing whether or not the proposed site is consistent and in compliance with county or regional land use plans or zoning ordinances. If 

### it is determined that the proposed site does conform with existing land use plans orzoning ordinances in effect as of the date of the 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. At such public hearing any personshall be entitled to be heard in support of or in opposition to the application for certification. (4) Additional public hearings shall be held as deemed appropriate by the council in the exercise of its functions under this chapter. [1970 ex.s. c 45 § 

### 9.]

### 80.50.100 .':



## .

# -- ,', 

### Title 80 

### RCW: Public Utilities .--.

agreement with the report. The council shall includeconditions in the draft certification agreement to implement the provisions of this chapter, including, but notlimited to, conditions to protect state or local governmental or community interests affected by the construction or operation of the energy facility, and conditions designed torecognize 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. (2) Within sixty days of receipt of the council's report the governor shall take one of the following actions: (a) Approve the application and execute the draft certification agreement; or (blReject

### the application; or (c) Direct the council to reconsider certain aspects of the draft certification 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 draftcertification to the governor incorporating any amendments deemed necessary upon reconsideration. Within sixty days of receipt of such draft certification agreement, the governorshall 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. (3) The rejection of an application for certification by the governor shall be 

### final as to that application butshall not preclude submission of a subsequent application for the same site on the basis of changed conditions or new information. [1971 ex.s. c 371 § 

### 8; 1975-'76 2nd ex.s, c 108§ 

### 36; 1970 ex.s. c 45 § 

### 10.]

SeYtrability-Effectiyt dalt--I975-'76 2nd ex.s, e 108: See notesfollowing RCW43.21F.OIO.



### 80.50.110 

### Chapter governs and supersedes other**la~'** 

### or regulations--Preemption of regulation and certificationby

### state. (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 operationalconditions of certification of the energy facilities included under RCW 80.50.060 as now or hereafter amended. [1975-'76 2nd

### ex.s, c 108 §.

### 37; 1970 ex.s. c 45

## I 11.]

SeYtrablllty-Effectiye dalt--1975-'76 2nd n .•. e 108: See noteafollowing RCW43.21F.OIO.

.



### 80.50.no 

### Effect of certification. (I) 

### 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, 

# milt10RCW-tl401 

### whether a member of the councilor 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 councilor not. [1971 ex.s, c 371 § 

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

Stytrability-Effectiyc datt--1975-'76 2nd ex.s. e 108: See notesfollowing RCW 43.21F.O10.



### 80.50.130 

### Revocation or suspension of certification--Grounds. Any certification may be revoked or suspended: (I) 

### For any material false statement intheapplication or in the supplemental or additional statements of fact or studies required of the applicant when a true answerwould have warranted the council's refusal to recommend certification in the first instance; or (2) For failure to comply with the terms or conditions of the original certification; or (3) For violation of the provisions of this chapter, 

### regulations issued thereunder or order of the council. [1970 ex.s. c 45 § 13.)



### 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 ofchapter 34.04 RCW and this section. Petitions for review of such a decision shall be filed in the Thurston county superior court. All petitions forreview of a decision under RCW 80.50.100 shall be consolidated into a single proceeding before the Thurston county superior court. The Thurston county superior court shall certify the petition for review to the supreme court upon the following conditions: (a) Reviewcan be made on the administrative record; (b) Fundamental and urgent interests affecting 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 the determination of the Thurston county superior court; and (d) The record is complete forreview.The Thurston county superior court shall assign a petition forreview of a decision 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 insubparagraph (a) of this subsection because there are alleged irregularities in the procedure before the council not found in the record, but finds that the standards set forth in subparagraphs (b), (C), 

### and (d) of this 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

(1981 Ed.)

# 1 ""."**~i"** 

### .t.:liit

..**ies~-""Site** 

### Locations 80.SO.ISO

its determination of such 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 in interest concerning procedural error by the council shall be filed with the council within sixty days of the commission ofsuch error. or within thirty days of the first public hearing or meeting of the council at which the general subject matter to which the error is related is discussed. whichevercomes later. or such objection shall be deemed waivedfor purposes of judicial review as provided in this section. (3) The rules and regulations adopted by the council shallbe

### subject to judicial review pursuant to the provisions ofchapter 34.04 RCW. [1981 c 64 § 

### 3; 1977 ex.s.

c371 

### § II; 1970 ex.s. c 45 § 

### 14.]

8O.50.ISO Enforetmmt of eomplianet-Ptnalties (as amended by 1979e

# .en (I) The courts are authorized to grant such restraining orders. and such temporary and permanent injunctive relief as is neeessaryto secure compliance with this chapter and/or with a site certification agreement issued pursuant to this chapter or a National Pollutant Discharge Elimination System (hereafter in this section. NPDES) permit issued by the council pursuant to chapter 90.48 RCW. The court 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 this chapter. 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. 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 testimony, Igainst anypersonfound to be inmaterial violation of the provisions of suchcertification: Provided. That theexpensesof a person found not to be in material violation of the provisions of such certification. including. but not limited to, expenses incurred for legal serv -ices and expert testimony, may be charged against the person or persons bringing an enforcementaction or other action under this section.

(2) Wilful violation of any provision of this chapter shall be a gross misdemeanor.

() Wilful or criminally negligent. as defined in RCW 9A.08.010(d). 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 shall be punished by a fine of up to twenty-five thousand dollars per day and costs of prosecution. Any violationof this subsection shall be a 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 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.

(S) Every person who violates the provisions ofcertificates and permits issued or administered by the council shall incur, in addition to Iny 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 suchviolationshall be a separate and distinct offense, and in case of a continuing violation. every day's continuance shall be and be deemed

to be a separate and distinct violation. Every act of commission or omission which procures. aids. or abets in the violation shall beconsidered a violation under the provisions of this section and subject to the .penalty provided in this section. The penalty provided in this section shallbe imposed by' a notice in writing. either by certified mail with returnreceipt requested or bypersonal service, to the personincurring the same from the council describing such violation with reasonable particularity. The council may. upon written application therefor reeeivedwithin fifteen days after notice imposing any penalty is received bythe person incurring the penalty. and when deemed in the best inlcrest to carry out the purposes of this chapter. remit or mitigate any penaltyprovided 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 decm proper. Any person incurring any penalty under this section may appeal the same 10 the council. Such appeals shall be filed within thirty 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 ormitigation 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 ofnoricesetting forth the disposition of the application unless an appeal is filed from such disposition. Whenever an appeal of any penally incurred hereunder is filed, thepenalty 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. Iftheamount of any penalty is not paid to the 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 state ofWashington inthe superior court ofThurston county or of any county in which such violator may do business. to reocover such penalty. In all such actions the procedure and rules of evidence shall be the same as an ordinary civil 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) Civilproceedings 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 and remedies available at law. or in equity. 10any person. [l979'c 41 § I; 1977ex.s. c 371 § 12; 1970ex.s. c 4S§ 15.]

80.SO.ISO Enforcement or complianct-Penalties (as amended by 1979 ex.s. e 25.cl- (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 with a site certification agreement issued pursuant to this chapter or a National Pollutant Discharge Elimination System (hereafter in this section. NPDES) permit issued by the council pursuant to chapter 90.48 RCW or any permit issued pursuant to RCW 80.50.040( 14). The court 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 ofconstruction or operation in material violation of this chapter. or in material violation of any sitecertification agreement issued pursuant to. this chapter, or in violation ofany NPDES permit issued by the council pursuant to chapter 90.48 RCW, or in violation of any permit issuedpursuant to RCW 80.S0.040( 14). 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 testimony. against any person found to be inmaterial violation of the provisions of such certification: Provided, That the expenses of a person found not to be in material violation of the provisions of suchcertification. including. butnot limited to. expenses incurred for legal services and expert testimony. may be charged against the person or persons bringing an en- forcement action or other action under this section.

(2) Wilful violation of any provision of this chapter shall be a gross misdemeanor.

(3) Wilful or criminally negligent. as defined in RCW 9A.08.010(d). violation of any provision of an NPDES permit issued bythe council pursuant 10chapter90.48 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 Clean Air Act and the state implementation plan with respect to energy facilities under the jurisdiction provisions of this chaptershallbedeemed a crime. and upon conviction thereofshall be punished by a fine of up to twenty-five thousand dollars per day and costs of prosecution. Any violation of this subsection shall bea gross misdemeanor. . (4) Any person knowingly making any false statement. representation. or certification in any document in any NPDES form. notice. or

[litlt 80RCW-p 411

### Title80**k'~** 

### .r: 

### Public:**UtUiti~~,**



# ,I 8O.SO.ISO

reportrequiredby an NPDES permit or in any form, notice. or report requiredfor or by any permit issued pursuant to 'RCW 80.50.090( 14) shallbedeemedguilty of a crime. and upon conviction thereof shall be punished by a fine of up to ten thousand dollars and costs of prosecuIion.

(5) Everypersonwho 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, apenalty in an amcunt of up 10 five thousand dollars a day for every such violalion. Each and every such violation shall beaseparate and distinct offense. and in case of a continuing violation,everyday's continuance shall be and bedeemed to be a separate and distinct violation, Every act of commission or omission which procures, aids. orabets in the violalion shall beconsidered a violation under the provisions of this section and subject to the penalty provided in this section. The penally provided in this section shall beimposed by a notice in writing, either by certified mail with return receiptrequestedor by personal service,to thepersonincurring the same from the council describing such violation with reasonableparticularity, The council may, upon written application therefor receivedwithinfifteendays after notice imposing any penalty isreceived by the personincurring the penalty, and whendeemed in the best interest 10carry out the purposes of this chapter, remit or mitigate any penalty provided in Ihis section upon such terms as the council shall deemproper, and shall have authority to ascertain Ihe facts upon all such applications in such manner and under such regulations as it may deemproper. Anypersonincurring any penalty under thissection may appeal the same to the council. Such appeals shall be filed within thirty days of receipt of notice imposing any penaltyunlessan 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 shallbecomedue 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 becomedueand payable thirty days after receipt of notice setting forth the disposition of the application unless an appeal is filed from such disposition. Wheneveran appeal of any penalty incurred hereunder is filed, the penalty shallbecomedue and payable only upon completionofall 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 the council within thirty days after itbecomesdue and payable. the attorney general, upon the request of the council, shall bring an action in the name of the state of Washington in the superior court of Thurstoncounty or of any county in which such violator may do business, to recover such penalty. In all such actions the procedure and rules of evidenceshallbethe same as an ordinary civil action exceptas otherwise provided in this chapter. All penalties recovered under this section shallbepaid into the state treasury and credited to the general fund,

(6) Civilproceedingsto enforce this chapter maybebrought by the attorney general or the prosecuting attorney of any county affected by the violation on his own motion or at the requestof the council. Criminal proceedings to enforce this chapter may bebrought 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 bein addition to any other penalties and remedies available at law, or inequity, to any person. [1979 ex.s. c 254§ 2; 1977ex.s. c371 § 12; 1970ex.s, c45 § 15.)

Reviser'snote: (I) RCW 80.50.150 was amended twice during the . 1979 legislativesessions, each withoutreferenceto the other. For rule of construction concerning sections amended more Ihan once at consecutive sessions of the same legislature, see RCW 1.12.025.

'(2) The abovereference to RCW 80.50.090( 14) appears to be inerror: thaI section has only four subsections and concerns public hearings. not issuance of permits. RCW 80.50.040(14) relates to issuance of permits.



### 80.50.160 Availability of information. The council shall make available for public inspection and copying during regular office hours at the expense ofany person

mtle80 RCW--tt411 requesting copies, any information filed or submitted pursuant to this chapter. [1970 ex.s ..c 45 

### § 16.]'



### 80.50.175 Study of potential sites--Fee--Disposition ofpayments. (I) 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 for each potential site, to be applied toward the cost of any study agreed upon pursuant to subsection (3) of this section, shall accompany the request and shall be a condition precedent to 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 ofenvironmental impact information for the proposed potential site and any other
matter the council and the potential applicant deem essential to an adequate appraisal ofthe 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
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) ofthis section may be used in place ofthe "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 consultant as 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 80.50.070, 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. [1977 ex.s. c 371 

### § 13; 1975-'76 2nd ex.s. c 108 

### § 40; 1974 ex.s. cliO 

### § 2.]

'Revise,snote: RCW 80.50.070 wasrepealedby 1977ex.s. c 371 § 19. For application fees.seeRCW 80.50.071.

Severability--Effecthe date---197S-'76 %lid ex.s. c: 108: See notes following RCW 43.21F.OIO.

(1981 Ed.)

### Attachments toTrfiRsmissiore;.

....... n

........



### 80.54.020 Regulation of rates, terms, and cenditions---Criteria. The commission shall have the authority to regulate in the public interest the rates, terms, and conditions for attachments by licensees or utilities.All rates. terms, and conditions made, demanded, or received by any utility for any attachment by a licensee or by a utility must be

### just, fair, reasonable, and sufficient. [1979 c 33 § 2.)

80.54.030 Commission order fixing rates, terms, or conditions. Whenever the commission shall find. after hearing had upon complaint by a licensee or by a utility. that the rates. terms, or conditions demanded. exacted, charged. or collected by any utility in connection with attachments are unjust, unreasonable. or that the ratesor charges are insufficient to yield a reasonable compensation for the attachment. the commission shall determine the just, reasonable. or sufficient rates. terms. and conditions thereafter to be observed and in force and. shall fix the same by order. In determining and fixing the rates. terms, and conditions. the commission shall consider the interest of the customers of the attachingutility or licensee, as well as the interest of the customers of the utility upon which the attachment is made. [1979 c 33 § 3.)

80.54.010 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout thischapter. (I) "Attachment" means any wire or cable for the transmission of intelligence by telegraph. telephone, or television. including cable television, light waves, or other phenomena, or for the transmission of electricityfor light, heat, or power, and any related device. apparatus, or auxiliary equipment, installed uponany pole or in any telegraph. telephone. electrical. cable television,

or communications right of way, duct. conduit. manhole

### or hand hole, or other similar facilities owned or controlled, in whole or in part, by one or more utilities, where the installation has been made with the consent of the one or more utilities. (2) 

### "Licensee' means any person, firm. corporation,

. partnership, company, association, joint stock association, or cooperatively organized association, other than a utility. which is authorized to construct attachments upon. along. under, or across the public ways. (3) 

### "Utility" means any electrical company. telephone company, or telegraph company. as defined in RCW 80.04.0I

### 0, and does not include any entity cooperatively organized, or owned by federal, state, or local government, or a subdivision of state or local government. [1979 c 33 § 

### I.] 80.54.030

-.... r» Commission order fixing rates. terms, orconditions. Criteria for just and reasonable rate. Exemptions from chapter. Adoption of rules. Uniform attachment rates required within utility service

area. 80.54.030 80.54.040 80.54.050 80.54.060 80.54.070



### 80.50.900 Severability--1970 

### ex.s, c 45. If 

### any provision of this act. or its application to any person or circumstance is held invalid, the remainderof the act, orthe application of the provision to other persons or circumstances. is not affected. (1970 ex.s. c 45 § 

### I7.)



### 80.50.800 Rules of thermal plant site evaluation council to continue until amended or rescinded. All rulesof the thermal power plant site evaluation council in effect on March 15, 1976 shall continue in full force and effect until amended or rescinded by the energy facility site evaluation councilafter March 15, 1976. [1975-'76 2ndex.s. c 

## ros § 

### 42.]

St\oenbility-Effedife dale--197S-'76 2nd n.s. e 108: See
notesfollowingRCW 43.21F.OIO.



### Chapter 80.54 ATTACHMENTS TOTRANSMISSION FACILITIES

Sections 80.54.010 Definitions. 80.54.020 Regulation ofrates. terms. and eonditions-c-e--Criteria.



### 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 chapter80.50 RCW. Such funds shall be used only by the council for the purposes set forth inchapter 80.50 RCW. All expenditures shall be authorized by law. [1977 ex.s, c 371 § IS.]

80.50.902 Severability--1977 ex.s. c 371. If 

### any provision of this 1977 amendatory act. or its application to any person or circumstance is held invalid. the remainderof the act. or the application of the provision to otherpersons or circumstances is not affected. [1977
er.s, c371 § 20.)

80.50.901 Severability--1974 ex.s, e 110. If 

### any provision of this 1974 act, or its application to any personor circumstance is held invalid. the remainderof the act. or the application of the provision to other persons or circumstances. is not affected. [1974 ex.s.clIO § 

### 3.]

80.50.180 Proposals 

### and actions byother state agencies

### and local political subdivisionspertaining to energy facilities exempt from "detailed statement" required by RCW 43.21C.030. Except for actions of the council un

### der chapter 80.50RCW,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 extentjhe 

### legislation or other actioninvolved approves, authorizes, permits, or establishes procedures solely for approving. aut horizing or permitting, the location, financing or construction ofany energy facility subject to certification under chapter 80- .50 RCW, shall be 

### exempt from the "detailed statement" required by RCW 43.21C.030. Nothing in this sectionshall be construed as exempting any action of the council from any provision of chapter 43.21C RCW. [1977 

### ex.s. c 371 § 

### 14.] 

# 1 ",1

.



# i 

# I**~"'"** 

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(191' Ed.) [Tille80RCW-p 431