reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.36 - Telecommunications. › 80.36.530 - Violation of consumer protection act—Damages.

RCW 80.36.530
Violation of consumer protection act—Damages.
In addition to the penalties provided in this title, a violation of RCW 80.36.510, 80.36.520, or 80.36.524 constitutes an unfair or deceptive act in trade or commerce in violation of chapter 19.86 RCW, the consumer protection act. Acts in violation of RCW 80.36.510, 80.36.520, or 80.36.524 are not reasonable in relation to the development and preservation of business, and constitute matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. It shall be presumed that damages to the consumer are equal to the cost of the service provided plus two hundred dollars. Additional damages must be proved.
[ 1990 c 247 § 4; 1988 c 91 § 3.]
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.36 - Telecommunications. › 80.36.540 - Telefacsimile messages—Unsolicited transmission—Penalties.

RCW 80.36.540
Telefacsimile messages—Unsolicited transmission—Penalties.
(1) As used in this section, "telefacsimile message" means the transmittal of electronic signals over telephone lines for conversion into written text.
(2) No person, corporation, partnership, or association shall initiate the unsolicited transmission of telefacsimile messages promoting goods or services for purchase by the recipient.
(3)(a) Except as provided in (b) of this subsection, this section shall not apply to telefacsimile messages sent to a recipient with whom the initiator has had a prior contractual or business relationship.
(b) A person shall not initiate an unsolicited telefacsimile message under the provisions of (a) of this subsection if the person knew or reasonably should have known that the recipient is a governmental entity.
(4) Notwithstanding subsection (3) of this section, it is unlawful to initiate any telefacsimile message to a recipient who has previously sent a written or telefacsimile message to the initiator clearly indicating that the recipient does not want to receive telefacsimile messages from the initiator.
(5) The unsolicited transmission of telefacsimile messages promoting goods or services for purchase by the recipient is a matter affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. The transmission of unsolicited telefacsimile messages is not reasonable in relation to the development and preservation of business. A violation of this section is an unfair or deceptive act in trade or commerce for the purpose of applying the consumer protection act, chapter 19.86 RCW. Damages to the recipient of telefacsimile messages in violation of this section are five hundred dollars or actual damages, whichever is greater.
(6) Nothing in this section shall be construed to prevent the Washington utilities and transportation commission from adopting additional rules regulating transmissions of telefacsimile messages.
[ 1990 c 221 § 1.]
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.36 - Telecommunications. › 80.36.555 - Enhanced 911 service—Residential service required.

RCW 80.36.555
Enhanced 911 service—Residential service required.
By January 1, 1997, or one year after enhanced 911 service becomes available or a private switch automatic location identification service approved by the Washington utilities and transportation commission is available from the serving local exchange telecommunications company, whichever is later, any private shared telecommunications services provider that provides service to residential customers shall assure that the telecommunications system is connected to the public switched network such that calls to 911 result in automatic location identification for each residential unit in a format that is compatible with the existing or planned county enhanced 911 system.
[ 1995 c 243 § 3.]
NOTES:
Findings—1995 c 243: "The legislature finds that citizens of the state increasingly rely on the dependability of enhanced 911, a system that allows the person answering an emergency call to immediately determine the location of the emergency without the need of the caller to speak. The legislature further finds that in some cases, calls made from telephones connected to private telephone systems may not be precisely located by the answerer, eliminating some of the benefit of enhanced 911, and that this condition could additionally imperil citizens calling from these locations in an emergency. The legislature also finds that until national standards have been developed to address this condition, information-forwarding requirements should be mandated for only those settings with the most risk, including schools, residences, and some business settings." [ 1995 c 243 § 1.]
Severability—1995 c 243: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1995 c 243 § 12.]
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.36 - Telecommunications. › 80.36.560 - Enhanced 911 service—Business service required.

RCW 80.36.560
Enhanced 911 service—Business service required.
By January 1, 1997, or one year after enhanced 911 service becomes available or a private switch automatic location identification service approved by the Washington utilities and transportation commission is available from the serving local exchange telecommunications company, whichever is later, any commercial shared services provider of private shared telecommunications services for hire or resale to the general public to multiple unaffiliated business users from a single system shall assure that such a system is connected to the public switched network such that calls to 911 result in automatic location identification for each telephone in a format that is compatible with the existing or planned county enhanced 911 system. This section shall apply only to providers of service to businesses containing a physical area exceeding twenty-five thousand square feet, or businesses on more than one floor of a building, or businesses in multiple buildings.
[ 1995 c 243 § 5.]
NOTES:
Findings—Severability—1995 c 243: See notes following RCW 80.36.555.
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.36 - Telecommunications. › 80.36.610 - Universal service program—Authority of commission—Rules—Fees.

RCW 80.36.610
Universal service program—Authority of commission—Rules—Fees. (Effective until July 1, 2025.)
The commission is authorized to take actions, conduct proceedings, and enter orders as permitted or contemplated for a state commission under the telecommunications act of 1996. The commission may establish by rule fees to be paid by persons seeking commission action under the telecommunications act of 1996, and by parties to proceedings under that act, to offset in whole or part the commission's expenses that are not otherwise recovered through fees in implementing the act.
[ 2013 2nd sp.s. c 8 § 209; 1998 c 337 § 2.]
NOTES:
Expiration date—2019 c 365; 2013 2nd sp.s. c 8 § 209: "Section 209 of this act expires July 1, 2025." [ 2019 c 365 § 20; 2013 2nd sp.s. c 8 § 303.]
Findings—Intent—Effective date—Utilities and transportation commission report—2013 2nd sp.s. c 8: See notes following RCW 80.36.650.
(1) The commission is authorized to take actions, conduct proceedings, and enter orders as permitted or contemplated for a state commission under the federal telecommunications act of 1996, P.L. 104-104 (110 Stat. 56), but the commission's authority to either establish a new state program or to adopt new rules to preserve and advance universal service under section 254(f) of the federal act is limited to the actions expressly authorized by RCW 80.36.600. The commission may establish by rule fees to be paid by persons seeking commission action under the federal act, and by parties to proceedings under that act, to offset in whole or part the commission's expenses that are not otherwise recovered through fees in implementing the act, but new fees or assessments charged telecommunications carriers to either establish a state program or to adopt rules to preserve and advance universal service under section 254(f) of the federal act do not take effect until the legislature has approved a state universal service program.
(2) The legislature intends that under the future universal service program established in this state:
(a) Every telecommunications carrier that provides intrastate telecommunications services shall contribute, on an equitable and nondiscriminatory basis, to the preservation and advancement of universal service in the state;
(b) The contributions shall be competitively and technologically neutral; and
(c) The universal service program to be established in accordance with RCW 80.36.600 shall not be inconsistent with the requirements of 47 U.S.C. Sec. 254.
[ 1998 c 337 § 2.]
NOTES:
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.36 - Telecommunications. › 80.36.660 - State universal communications services program—Rules.

RCW 80.36.660
State universal communications services program—Rules. (Expires July 1, 2025.)
(1) To implement the program, the commission must adopt rules for the following purposes:
(a) Operation of the program, including criteria for: Eligibility for distributions; use of the funds; identification of any reports or data that must be filed with the commission, including, but not limited to, how a communication provider used the distributed funds; and the communications provider's infrastructure;
(b) Operation of the universal communications services account established in RCW 80.36.690;
(c) Establishment of the criteria used to calculate distributions; and
(d) Readoption, amendment, or repeal of any existing rules adopted pursuant to RCW 80.36.610 as necessary to be consistent with RCW 80.36.630 through 80.36.690 and 80.36.610.
(2) This section expires July 1, 2025.
[ 2019 c 365 § 13; 2013 2nd sp.s. c 8 § 204.]
NOTES:
Effective date—2019 c 365 §§ 11-18 and 20: See note following RCW 80.36.630.
Findings—2019 c 365: See note following RCW 43.330.532.
Findings—Intent—Effective date—Utilities and transportation commission report—2013 2nd sp.s. c 8: See notes following RCW 80.36.650.
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.36 - Telecommunications. › 80.36.670 - State universal communications services program—Penalties.

RCW 80.36.670
State universal communications services program—Penalties. (Expires July 1, 2025.)
(1) In addition to any other penalties prescribed by law, the commission may impose penalties for failure to make or delays in making or filing any reports required by the commission for administration of the program. In addition, the commission may recover amounts determined to have been improperly distributed under RCW 80.36.650. For the purposes of this section, the provisions of RCW 80.04.380 through 80.04.405, inclusive, apply to all companies that receive support from the universal communications services account created in RCW 80.36.690.
(2) Any action taken under this section must be taken only after providing the affected communications provider with notice and an opportunity for a hearing, unless otherwise provided by law.
(3) Any amounts recovered under this section must be deposited in the universal communications services account created in RCW 80.36.690.
(4) This section expires July 1, 2025.
[ 2019 c 365 § 14; 2013 2nd sp.s. c 8 § 205.]
NOTES:
Effective date—2019 c 365 §§ 11-18 and 20: See note following RCW 80.36.630.
Findings—2019 c 365: See note following RCW 43.330.532.
Findings—Intent—Effective date—Utilities and transportation commission report—2013 2nd sp.s. c 8: See notes following RCW 80.36.650.
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.36 - Telecommunications. › 80.36.680 - State universal communications services program—Administration.

RCW 80.36.680
State universal communications services program—Administration. (Expires July 1, 2025.)
(1) The commission may delegate to the commission secretary or other staff the authority to resolve disputes and make other administrative decisions necessary to the administration and supervision of the program consistent with the relevant statutes and commission rules.
(2) This section expires July 1, 2025.
[ 2019 c 365 § 15; 2013 2nd sp.s. c 8 § 206.]
NOTES:
Effective date—2019 c 365 §§ 11-18 and 20: See note following RCW 80.36.630.
Findings—2019 c 365: See note following RCW 43.330.532.
Findings—Intent—Effective date—Utilities and transportation commission report—2013 2nd sp.s. c 8: See notes following RCW 80.36.650.
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.36 - Telecommunications. › 80.36.690 - State universal communications services program—Account created.

RCW 80.36.690
State universal communications services program—Account created. (Expires July 1, 2025.)
(1) The universal communications services account is created in the custody of the state treasurer. Revenues to the account consist of moneys deposited in the account by the legislature and any penalties or other recoveries received pursuant to RCW 80.36.670. Expenditures from the account may be used only for the purposes of the universal communications services program established in RCW 80.36.650 and commission expenses related to implementation and administration of the provisions of RCW 80.36.630 through 80.36.690 and section 212, chapter 8, Laws of 2013 2nd sp. sess. Only the secretary of the commission or the secretary's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
(2) This section expires July 1, 2025.
[ 2019 c 365 § 16; 2013 2nd sp.s. c 8 § 208.]
NOTES:
Effective date—2019 c 365 §§ 11-18 and 20: See note following RCW 80.36.630.
Findings—2019 c 365: See note following RCW 43.330.532.
Findings—Intent—Effective date—Utilities and transportation commission report—2013 2nd sp.s. c 8: See notes following RCW 80.36.650.
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.36 - Telecommunications. › 80.36.700 - State universal communications services program—Program expiration.

RCW 80.36.700
State universal communications services program—Program expiration. (Expires July 1, 2025.)
(1) The universal communications services program established in RCW 80.36.630 through 80.36.690 terminates on June 30, 2024.
(2) This section expires July 1, 2025.
[ 2019 c 365 § 17; 2013 2nd sp.s. c 8 § 211.]
NOTES:
Effective date—2019 c 365 §§ 11-18 and 20: See note following RCW 80.36.630.
Findings—2019 c 365: See note following RCW 43.330.532.
Findings—Intent—Effective date—Utilities and transportation commission report—2013 2nd sp.s. c 8: See notes following RCW 80.36.650.
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.36 - Telecommunications. › 80.36.710 - Digital equity account.

RCW 80.36.710
Digital equity account.
(1) The digital equity account is created in the state treasury. Moneys in the account may be spent only after appropriation.
(2) Any amounts appropriated by the legislature to the account, private contributions, or any other source directed to the account, must be deposited into the account. Funds from sources outside the state, from private contributions, federal or other sources may be directed to the specific purposes of the digital equity opportunity program or digital equity planning grant program.
(3) The legislature may appropriate moneys in the account only for the purposes of:
(a) RCW 43.330.412, the digital equity opportunity program; and
(b) RCW 43.330.5393, the digital equity planning grant program.
[ 2022 c 265 § 401.]
NOTES:
Effective date—2022 c 265 §§ 101, 102, 301-305, and 401: See note following RCW 43.330.530.
Short title—Findings—Intent—2022 c 265: See notes following RCW 43.330.539.
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.36 - Telecommunications. › 80.36.850 - Extended area service defined.

RCW 80.36.850
Extended area service defined.
As used in RCW 80.36.855, "extended area service" means the ability to call from one exchange to another exchange without incurring a toll charge.
[ 1989 c 282 § 2.]
NOTES:
Policy—Program limitations—Report to legislative committees—Program expiration—1989 c 282: See notes following RCW 80.36.855.
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.40 - Underground Natural Gas Storage Act. › 80.40.010 - Definitions.

RCW 80.40.010
Definitions.
As used in this chapter, unless specifically defined otherwise or unless the context indicates otherwise:
"Commission" shall mean the Washington utilities and transportation commission;
"Committee" shall mean the oil and gas conservation committee established by *RCW 78.52.020;
"Natural gas" shall mean gas either in the earth in its original state or after the same has been produced by removal therefrom of component parts not essential to its use for light and fuel;
"Natural gas company" shall mean every corporation, company, association, joint stock association, partnership or person authorized to do business in this state and engaged in the transportation, distribution, or underground storage of natural gas;
"Underground reservoir" shall mean any subsurface sand, strata, formation, aquifer, cavern or void whether natural or artificially created, suitable for the injection and storage of natural gas therein and the withdrawal of natural gas therefrom;
"Underground storage" shall mean the process of injecting and storing natural gas within and withdrawing natural gas from an underground reservoir: PROVIDED, The withdrawal of gas from an underground reservoir shall not be deemed a taking or producing within the terms of RCW 82.04.100.
[ 1963 c 201 § 2.]
NOTES:
*Reviser's note: RCW 78.52.020 was repealed by 1994 sp.s. c 9 § 869, effective July 1, 1994.
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.40 - Underground Natural Gas Storage Act. › 80.40.020 - Declaration concerning the public interest.

RCW 80.40.020
Declaration concerning the public interest.
The underground storage of natural gas will promote the economic development of the state and provide for more economic distribution of natural gas to the domestic, commercial and industrial consumers of this state, thereby serving the public interest.
[ 1963 c 201 § 3.]
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.40 - Underground Natural Gas Storage Act. › 80.40.030 - Eminent domain.

RCW 80.40.030
Eminent domain.
Any natural gas company having received an order under RCW 80.40.040 shall have the right of eminent domain to be exercised in the manner provided in and subject to the provisions of chapter 8.20 RCW to acquire for its use for the underground storage of natural gas any underground reservoir, as well as such other property or interests in property as may be required to adequately maintain and utilize the underground reservoir for the underground storage of natural gas, including easements and rights-of-way for access to and egress from the underground storage reservoir. The right of eminent domain granted hereby shall apply to property or property interests held in private ownership, provided condemnor has exercised good faith in negotiations for private sale or lease. No property shall be taken or damaged until the compensation to be made therefor shall have been ascertained and paid. Any property or interest therein so acquired by any natural gas company shall be used exclusively for the purposes for which it was acquired. Any decree of appropriation hereunder shall define and limit the rights condemned and shall provide for the reversion of such rights to the defendant or defendants or their successors in interest upon abandonment of the underground storage project. Good faith exploration work or development work relative to the storage reservoir is conclusive evidence that its use has not been abandoned. The court may include in such decree such other relevant conditions, covenants and restrictions as it may deem fair and equitable.
[ 1963 c 201 § 4.]
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.40 - Underground Natural Gas Storage Act. › 80.40.050 - Rights of company using storage—Rights of owners of condemned land and interests therein.

RCW 80.40.050
Rights of company using storage—Rights of owners of condemned land and interests therein.
All natural gas in an underground reservoir utilized for underground storage, whether acquired by eminent domain or otherwise, shall at all times be the property of the natural gas company utilizing said underground storage, its heirs, successors, or assigns; and in no event shall such gas be subject to any right of the owner of the surface of the land under which said underground reservoir lies or of the owner of any mineral interest therein or of any person other than the said natural gas company, its heirs, successors and assigns to release, produce, take, reduce to possession, or otherwise interfere with or exercise any control thereof: PROVIDED, That the right of condemnation hereby granted shall be without prejudice to the rights of the owner of the condemned lands or of the rights and interest therein to drill or bore through the underground reservoir in such a manner as shall protect the underground reservoir against pollution and against the escape of natural gas in a manner which complies with the orders, rules and regulations of the *oil and gas conservation committee issued for the purpose of protecting underground storage and shall be without prejudice to the rights of the owners of said lands or other rights or interests therein as to all other uses thereof. The additional cost of complying with regulations or orders to protect the underground storage shall be paid by the condemnor.
[ 1963 c 201 § 6.]
NOTES:
*Reviser's note: The duties of the oil and gas conservation committee were transferred to the department of natural resources by 1994 sp.s. c 9, effective July 1, 1994.
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.40 - Underground Natural Gas Storage Act. › 80.40.060 - Leases by commissioner of public lands.

RCW 80.40.060
Leases by commissioner of public lands.
The commissioner of public lands is authorized to lease public lands, property, or any interest therein for the purpose of underground storage of natural gas. Any such lease shall be upon such terms and conditions as the said commissioner may deem for the best interests of the state and as are customary and proper for the protection of the rights of the state and of the lessee and of the owners of the surface of the leased lands, and may be for such primary term as said commissioner may determine and as long thereafter as the lessee continues to use such lands, property, or interest therein for underground storage of gas.
[ 1963 c 201 § 7.]
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.40 - Underground Natural Gas Storage Act. › 80.40.070 - Leases by county commissioners.

RCW 80.40.070
Leases by county commissioners.
Whenever it shall appear to the board of county commissioners of any county that it is for the best interests of said county, the taxing districts and the people thereof, that any county-owned or tax-acquired property owned by the county, either absolutely or as trustee, should be leased for the purpose of underground storage of natural gas therein, said board of county commissioners is hereby authorized to enter into written leases under the terms of which any county-owned lands, property, or interest therein are leased for the aforementioned purposes, 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 the best interests of said 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 of natural gas.
[ 1963 c 201 § 8.]
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.40 - Underground Natural Gas Storage Act. › 80.40.910 - Chapter to be liberally construed.

RCW 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 and provided for.
[ 1963 c 201 § 10.]
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.50 - Energy Facilities—Site Locations. › 80.50.045 - Recommendations to secretary, federal energy regulatory commission—Siting electrical transmission corridors—Council designated as state authority for siting transmission facilities—Review under national environmental policy act.

RCW 80.50.045
Recommendations to secretary, federal energy regulatory commission—Siting electrical transmission corridors—Council designated as state authority for siting transmission facilities—Review under national environmental policy act.
(1) The council shall consult with other state agencies, utilities, local municipal governments, public interest groups, tribes, and other interested persons to convey their views to the secretary and the federal energy regulatory commission regarding appropriate limits on federal regulatory authority in the siting of electrical transmission corridors in the state of Washington.
(2) The council is designated as the state authority for purposes of siting transmission facilities under Title 16 U.S.C. Sec. 824p and for purposes of other such rules or regulations adopted by the secretary. The council's authority regarding transmission facilities under this subsection is limited to those transmission facilities that are the subject of Title 16 U.S.C. Sec. 824p and this chapter.
(3) For the construction and modification of transmission facilities that are the subject of Title 16 U.S.C. Sec. 824p, the council may: (a) Approve the siting of the facilities; and (b) consider the interstate benefits expected to be achieved by the proposed construction or modification of the facilities in the state.
(4) When developing recommendations as to the disposition of an application for the construction or modification of transmission facilities under this chapter, the fuel source of the electricity carried by the transmission facilities shall not be considered.
(5) For electrical transmission projects proposed or sited by a federal agency, the director must coordinate state agency participation in environmental review under the national environmental policy act.
[ 2023 c 229 § 5; 2006 c 196 § 3.]
NOTES:
Finding—Intent—2023 c 229: See note following RCW 19.280.030.
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.50 - Energy Facilities—Site Locations. › 80.50.065 - Use of fully coordinated permitting process.

RCW 80.50.065
Use of fully coordinated permitting process.
Applicants utilizing the fully coordinated permitting process under chapter 43.158 RCW are not eligible for permitting under this chapter unless a substantial change is made to the proposed project. Prior to considering an application under this chapter from a project applicant that has previously used the fully coordinated permitting process under chapter 43.158 RCW for that project, the council must determine that the project applicant has made a substantial change to the project, relative to the project as it was proposed under the fully coordinated permitting process.
[ 2023 c 230 § 211.]
NOTES:
Findings—Intent—2023 c 230: See note following RCW 43.394.010.
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.50 - Energy Facilities—Site Locations. › 80.50.075 - Expedited processing of applications.

RCW 80.50.075
Expedited processing of applications.
(1) Any person filing an application for certification of any facility pursuant to this chapter may apply to the council for an expedited processing of such an application. The application for expedited processing shall be submitted to the council in such form and manner and accompanied by such information as may be prescribed by council rule. The council may grant an applicant expedited processing of an application for certification upon finding that the environmental impact of the proposed facility is not significant or will be mitigated to a nonsignificant level under RCW 43.21C.031 and the project is found under RCW 80.50.090(2) to be consistent and in compliance with city, county, or regional land use plans or zoning ordinances.
(2) Upon granting an applicant expedited processing of an application for certification, the council shall not be required to:
(a) Commission an independent study to further measure the consequences of the proposed facility on the environment, notwithstanding the other provisions of RCW 80.50.071; nor
(b) Hold an adjudicative proceeding under chapter 34.05 RCW, the administrative procedure act, on the application.
(3) The council shall adopt rules governing the expedited processing of an application for certification pursuant to this section.
[ 2022 c 183 § 18; 2006 c 205 § 2; 1989 c 175 § 172; 1977 ex.s. c 371 § 17.]
NOTES:
Effective date—2022 c 183: See note following RCW 80.50.010.
Effective date—1989 c 175: See note following RCW 34.05.010.
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.50 - Energy Facilities—Site Locations. › 80.50.080 - Counsel for the environment.

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 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 the attorney general, and shall not be a charge against the appropriation to the energy facility site evaluation council. He or she 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.
[ 2013 c 23 § 282; 1977 ex.s. c 371 § 6; 1970 ex.s. c 45 § 8.]
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.50 - Energy Facilities—Site Locations. › 80.50.085 - Council staff to assist applicants, make recommendations.

RCW 80.50.085
Council staff to assist applicants, make recommendations.
(1) After the council has received a site application, council staff shall assist applicants in identifying issues presented by the application.
(2) Council staff shall review all information submitted and recommend resolutions to issues in dispute that would allow site approval.
(3) Council staff may make recommendations to the council on conditions that would allow site approval.
[ 2001 c 214 § 5.]
NOTES:
Severability—Effective date—2001 c 214: See notes following RCW 80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.50 - Energy Facilities—Site Locations. › 80.50.105 - Transmission facilities for petroleum products—Recommendations to governor.

RCW 80.50.105
Transmission facilities for petroleum products—Recommendations to governor.
In making its recommendations to the governor under this chapter regarding an application that includes transmission facilities for petroleum products, the council shall give appropriate weight to city or county facility siting standards adopted for the protection of sole source aquifers.
[ 1991 c 200 § 1112.]
NOTES:
Effective dates—1991 c 200: See RCW 90.56.901.
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.50 - Energy Facilities—Site Locations. › 80.50.110 - Chapter governs and supersedes other law or regulations—Preemption of regulation and certification by state.

RCW 80.50.110
Chapter governs and supersedes other law or regulations—Preemption of regulation and certification by 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 operational conditions 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 § 11.]
NOTES:
Severability—Effective date—1975-'76 2nd ex.s. c 108: See notes following RCW 43.21F.010.
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.50 - Energy Facilities—Site Locations. › 80.50.120 - Effect of certification.

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 of the council or not, as to the approval of the site and the construction and operation of the proposed energy facility.
(2) The certification shall authorize the person named therein to construct and operate the proposed energy facility subject only to the conditions set forth in such certification.
(3) The issuance of a certification shall be in lieu of any permit, certificate or similar document required by any department, agency, division, bureau, commission, board, or political subdivision of this state, whether a member of the council or not.
[ 1977 ex.s. c 371 § 10; 1975-'76 2nd ex.s. c 108 § 38; 1970 ex.s. c 45 § 12.]
NOTES:
Severability—Effective date—1975-'76 2nd ex.s. c 108: See notes following RCW 43.21F.010.
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.50 - Energy Facilities—Site Locations. › 80.50.130 - Revocation or suspension of certification—Grounds.

RCW 80.50.130
Revocation or suspension of certification—Grounds.
Any certification may be revoked or suspended:
(1) For any material false statement in the application or in the supplemental or additional statements of fact or studies required of the 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 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.]
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.50 - Energy Facilities—Site Locations. › 80.50.140 - Review.

RCW 80.50.140
Review.
(1) 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 34.05 RCW and this section. Petitions for review of such a decision shall be filed in the Thurston county superior court. All petitions for review 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) Review can 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) Review by the supreme court would likely be sought regardless of the determination of the Thurston county superior court; and
(d) The record is complete for review.
The Thurston county superior court shall assign a petition for review 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 in subparagraph (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 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 of such 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, whichever comes later, or such objection shall be deemed waived for purposes of judicial review as provided in this section.
(3) The rules and regulations adopted by the council shall be subject to judicial review pursuant to the provisions of chapter 34.05 RCW.
[ 1988 c 202 § 62; 1981 c 64 § 3; 1977 ex.s. c 371 § 11; 1970 ex.s. c 45 § 14.]
NOTES:
Severability—1988 c 202: See note following RCW 2.24.050.
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.50 - Energy Facilities—Site Locations. › 80.50.155 - Additional penalties—Appeal procedures.

RCW 80.50.155
Additional penalties—Appeal procedures.
(1) Every person who violates the provisions of site certification agreements or 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 ten thousand dollars a day for every such violation. Each and every such violation is a separate and distinct offense, and in case of a continuing violation, every day's continuance is deemed to be a separate and distinct violation. Every act of commission or omission which procures, aids, or abets in the violation is considered 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 person incurring the same from the council describing such violation with reasonable particularity.
(2) Any person incurring any penalty under this section must appeal the same to the council before the person may appeal the penalty to superior court. Such appeals with the council shall be filed within thirty days of the date of receipt of notice imposing any penalty. Any penalty imposed under this section shall become due and payable thirty days after the date of receipt of a notice imposing the same unless an appeal is filed with the council. Whenever an appeal of any penalty incurred hereunder is filed with the council, 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. Judicial review of any final decision of the council is governed by chapter 34.05 RCW. All penalties recovered under this section shall be paid into the state treasury and credited to the general fund.
(3) For purposes of this subsection, "date of receipt" means:
(a) Five business days after the date of mailing; or
(b) The date of actual receipt, when the actual receipt date can be proven by a preponderance of the evidence. The date of actual receipt, however, may not exceed forty-five days from the date of mailing.
[ 2015 3rd sp.s. c 39 § 3.]
NOTES:
Findings—Intent—2015 3rd sp.s. c 39: See note following RCW 80.50.150.
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.50 - Energy Facilities—Site Locations. › 80.50.160 - Availability of information.

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.]
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.50 - Energy Facilities—Site Locations. › 80.50.175 - Council's powers.

RCW 80.50.175
Council's powers.
(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)(a) The council, upon agreement with any potential applicant, is authorized as provided in this section to conduct a preliminary study of any potential project prior to receipt of an application for site certification. This preliminary study must be completed before any environmental review or process under RCW 43.21C.031 is initiated. A fee of $10,000 for each potential project, to be applied toward the cost of any study agreed upon pursuant to (b) of this subsection, must accompany the agreement and is a condition precedent to any action on the agreement by the council.
(b) Upon agreement with the potential applicant, the council may commission its own independent consultant to study matters relative to the potential project. In conducting the study, the council is authorized to cooperate and work jointly with the county or counties in which the potential project is located, any federal, state, local, or tribal governmental agency that might be requested to comment on the potential project, and any municipal or public corporation having an interest in the matter. The full cost of the study must be paid by the potential applicant. However, costs exceeding a total of $10,000 are payable subject to the potential applicant giving prior approval to such an excess amount.
(3) All payments required of the potential applicant under this section must be deposited into the energy facility site evaluation council account created in RCW 80.50.390. All of these funds are subject to state auditing procedures. Any unexpended portions of the funds must be returned to the potential applicant.
(4) If a potential applicant subsequently submits a formal application for site certification to the council for a site where a preliminary study was conducted, payments made under this section for that study may be considered as payment towards the application fee provided in RCW 80.50.071.
[ 2022 c 183 § 11; 1983 c 3 § 205; 1977 ex.s. c 371 § 13; 1975-'76 2nd ex.s. c 108 § 40; 1974 ex.s. c 110 § 2.]
NOTES:
Effective date—2022 c 183: See note following RCW 80.50.010.
Severability—Effective date—1975-'76 2nd ex.s. c 108: See notes following RCW 43.21F.010.
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.50 - Energy Facilities—Site Locations. › 80.50.180 - Proposals and actions by other state agencies and local political subdivisions pertaining to energy facilities exempt from "detailed statement" required by RCW 43.21C.030.

RCW 80.50.180
Proposals and actions by other state agencies and local political subdivisions pertaining to energy facilities exempt from "detailed statement" required by RCW 43.21C.030.
Except for actions of the council under chapter 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 43.21C.030. Nothing in this section shall be construed as exempting any action of the council from any provision of chapter 43.21C RCW.
[ 1977 ex.s. c 371 § 14.]
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.50 - Energy Facilities—Site Locations. › 80.50.310 - Council actions—Exemption from chapter 43.21C RCW.

RCW 80.50.310
Council actions—Exemption from chapter 43.21C RCW.
Council actions pursuant to the transfer of the site or portions of the site under RCW 80.50.300 are exempt from the provisions of chapter 43.21C RCW.
[ 1996 c 4 § 3.]
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.50 - Energy Facilities—Site Locations. › 80.50.320 - Governor to evaluate council efficiency, make recommendations.

RCW 80.50.320
Governor to evaluate council efficiency, make recommendations.
The governor shall undertake an evaluation of the operations of the council to assess means to enhance its efficiency. The assessment must include whether the efficiency of the siting process would be improved by conducting the process under the state environmental policy act in a particular sequence relative to the adjudicative proceeding. The results of this assessment may include recommendations for administrative changes, statutory changes, or expanded staffing levels.
[ 2001 c 214 § 8.]
NOTES:
Severability—Effective date—2001 c 214: See notes following RCW 80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
2023 Revised Code of Washington › Title 80 - Public Utilities › Chapter 80.50 - Energy Facilities—Site Locations. › 80.50.330 - Preapplication—Siting electrical transmission facilities—Corridors.

RCW 80.50.330
Preapplication—Siting electrical transmission facilities—Corridors.
(1) For applications to site electrical transmission facilities, the council shall conduct a preapplication process pursuant to rules adopted by the council to govern such process, receive applications as prescribed in RCW 80.50.071, and conduct public meetings pursuant to RCW 80.50.090.
(2) The council shall consider and may recommend certification of electrical transmission facilities in corridors designated for this purpose by affected cities, towns, or counties:
(a) Where the jurisdictions have identified electrical transmission facility corridors as part of their land use plans and zoning maps based on policies adopted in their plans;
(b) Where the proposed electrical transmission facility is consistent with any adopted development regulations that govern the siting of electrical transmission facilities in such corridors; and
(c) Where contiguous jurisdictions and jurisdictions in which related regional electrical transmission facilities are located have either prior to or during the preapplication process undertaken good faith efforts to coordinate the locations of their corridors consistent with RCW 36.70A.100.
(3)(a) In the absence of a corridor designation in the manner prescribed in subsection (2) of this section, the council shall as part of the preapplication process require the preapplicant to negotiate, as provided by rule adopted by the council, for a reasonable time with affected cities, towns, and counties to attempt to reach agreement about a corridor plan. The application for certification shall identify only the corridor agreed to by the applicant and cities, towns, and counties within the proposed corridor pursuant to the preapplication process.
(b) If no corridor plan is agreed to by the applicant and cities, towns, and counties pursuant to (a) of this subsection, the applicant shall propose a recommended corridor and electrical transmission facilities to be included within the proposed corridor.
(c) The council shall consider the applicant's proposed corridor and electrical transmission facilities as provided in *RCW 80.50.090 (2) and (4), and shall make a recommendation consistent with RCW 80.50.090 and 80.50.100.
[ 2007 c 325 § 3.]
NOTES:
*Reviser's note: RCW 80.50.090 was amended by 2022 c 183 § 9, changing subsection (4) to subsection (6).