reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.175 - Environmental certification programs—Fees—Rules—Liability.

RCW 43.21A.175
Environmental certification programs—Fees—Rules—Liability.
(1) At the request of a project proponent, the department shall consider information developed through a certification program when making permit or other regulatory decisions. The department may not require duplicative demonstration of such information, but may require additional information as necessary to assure that state requirements are met. A local government that has a regulatory authority delegated by the department may use information developed through a certification program when making permit or other regulatory decisions.
(2) The department shall develop a certification program for technologies for remediation of radioactive and mixed waste, as those terms are defined in chapter 70A.300 RCW, if all program development and operational costs are paid by the federal government or persons seeking certification of the technologies.
(3) Following the development of the certification program in subsection (2) of this section, the department may use the policies and procedures of that program on a pilot basis to evaluate the use of certification for site remediation technologies and other environmental technologies, if the operational costs of the certification are paid by the federal government or persons seeking certification of such technologies.
(4) The department shall charge a reasonable fee to recover the operational costs of certifying a technology.
(5) Subsections (1), (3), and (4) of this section apply to permit and other regulatory decisions made under the following: Chapters 70A.15, 70A.205, 70A.300, 70A.305, 70A.25, 70A.315, 90.48, 90.54, and 90.56 RCW.
(6) For the purposes of this section, "certification program" means a program, developed or approved by the department, to certify the quantitative performance of an environmental technology over a specified range of parameters and conditions. Certification of a technology does not imply endorsement of a specific technology by the department, or a guarantee of the performance of a technology.
(7) The department may adopt rules as necessary to implement the requirements of subsections (2) and (3) of this section, and establish requirements and procedures for evaluation and certification of environmental technologies.
(8) The state, the department, and officers and employees of the state shall not be liable for damages resulting from the utilization of information developed through a certification program, or from a decision to certify or deny certification to an environmental technology. Actions of the department under this section are not decisions reviewable under RCW 43.21B.110.
[ 2020 c 20 § 1031; 1997 c 419 § 2.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.230 - Certification of environmental laboratories authorized—Fees—Use of certified laboratories by persons submitting data or results to department.

RCW 43.21A.230
Certification of environmental laboratories authorized—Fees—Use of certified laboratories by persons submitting data or results to department.
The director of ecology may certify environmental laboratories which conduct tests or prepare data for submittal to the department. Fees for certification may be charged by the department to cover the department's costs. Such certification may consider:
(1) Evaluating protocols and procedures;
(2) Determining the accuracy and reliability of test results, including internal quality assurance and quality control procedures and proficiency at analyzing test samples supplied by the department;
(3) Certifying laboratories based on prior certification by another state or federal agency whose certification requirements are deemed satisfactory by the director; and
(4) Such other factors as the director considers appropriate.
The director of ecology may require that any person submitting laboratory data or test results to the department use laboratories certified by the department or laboratories which participate in quality assurance programs administered by the federal environmental protection agency.
Persons receiving a federal permit for wastewater discharge who operate a lab solely for their own use and who require certification for only conventional pollutants shall not be charged an annual certification fee in excess of the actual costs of providing the certification or four thousand dollars, whichever is less. Conventional pollutants as used in this subsection means those conventional pollutants regulated under the federal clean water act (33 U.S.C. Sec. 1314).
Fees and lab quality control requirements for persons receiving state or federal wastewater discharge permits shall not be implemented before September 30, 1988. The department shall not duplicate any laboratory quality control requirements imposed by the United States environmental protection agency.
[ 1987 c 481 § 1.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.235 - Exemption from laboratory certification and fee requirements.

RCW 43.21A.235
Exemption from laboratory certification and fee requirements.
Laboratories owned by persons holding wastewater discharge permits and operated solely for their own use which participate in quality assurance programs administered by the federal environmental protection agency shall be exempt from certification and fee requirements for the specific methods and tests which are the subject of such quality assurance programs.
[ 1987 c 481 § 2.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.350 - Master plan of development.

RCW 43.21A.350
Master plan of development.
The department of ecology shall prepare and perfect from time to time a state master plan for flood control, state public reservations, financed in whole or in part from moneys collected by the state, sites for state public buildings and for the orderly development of the natural and agricultural resources of the state. The plan shall address how the department will expedite the completion of projects of statewide significance. The plan shall be a guide in making recommendations to the officers, boards, commissions, and departments of the state.
Whenever an improvement is proposed to be established by the state, the state agency having charge of the establishment thereof shall request of the director a report thereon, which shall be furnished within a reasonable time thereafter. In case an improvement is not established in conformity with the report, the state agency having charge of the establishment thereof shall file in its office and with the department a statement setting forth its reasons for rejecting or varying from such report which shall be open to public inspection.
The department shall insofar as possible secure the cooperation of adjacent states, and of counties and municipalities within the state in the coordination of their proposed improvements with such master plan.
[ 2009 c 421 § 7; 1997 c 369 § 6; 1987 c 109 § 29; 1965 c 8 § 43.21.190. Prior: 1957 c 215 § 22; 1933 ex.s. c 54 § 3; RRS § 10930-3. Formerly RCW 43.21.190.]
NOTES:
Effective date—2009 c 421: See note following RCW 43.157.005.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
Project of statewide significance—Defined: RCW 43.157.010.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.355 - Master plan of development—Public hearings.

RCW 43.21A.355
Master plan of development—Public hearings.
The director may hold public hearings, in connection with any duty prescribed in RCW 43.21A.350 and may compel the attendance of witnesses and the production of evidence.
[ 1988 c 127 § 7; 1965 c 8 § 43.21.200. Prior: 1957 c 215 § 23; 1933 ex.s. c 54 § 4; RRS § 10930-4. Formerly RCW 43.21.200.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.405 - Marine pollution—Baseline study program—Legislative finding and declaration.

RCW 43.21A.405
Marine pollution—Baseline study program—Legislative finding and declaration.
The legislature recognizes that there exists a great risk of potential damage from oil pollution of the waters of the state of Washington and further declares that immediate steps must be undertaken to reduce this risk. The legislature also is aware that such danger is expected to increase in future years in proportion to the increase in the size and cargo capacity of ships, barges, and other waterborne carriers, the construction and operational characteristics of these carriers, the density of waterborne traffic, and the need for a greater supply of petroleum products.
A program of systematic baseline studies to be conducted by the department of ecology has been recognized as a vital part of the efforts to reduce the risk of oil pollution of marine waters, and the legislature recognizes that many factors combine to make this effort one of considerable magnitude and difficulty. The marine shoreline of the state is about two thousand seven hundred miles long, a greater length than the combined coastlines of Oregon and California. There are some three million acres of submerged land and more than three hundred islands in these marine waters. The average depth of Puget Sound is two hundred twenty feet. There is a great diversity of animal life in the waters of the state. These waters have a multitude of uses by both humans and nonhumans, and the interaction between human activities and natural processes in these waters varies greatly with locale.
[ 2010 c 8 § 7001; 1973 2nd ex.s. c 30 § 1.]
NOTES:
Oil and hazardous substances pollution: RCW 90.56.010 through 90.56.280.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.410 - Marine pollution—Baseline study program established—Utilization of related programs—Coordination—Contracts.

RCW 43.21A.410
Marine pollution—Baseline study program established—Utilization of related programs—Coordination—Contracts.
As part of the state effort to prevent and control oil pollution, a continuing, comprehensive program of systematic baseline studies for the waters of the state shall be established by the department of ecology. Full utilization of related historical data shall be made in planning these studies. Data from these and other scientific investigations made pursuant to RCW 43.21A.405 through 43.21A.420 should, whenever possible, have multiple use, including use as supporting evidence of environmental damage resulting from oil pollution, as indicators of the potential or existing risks and impacts of oil pollution, as aids to developing a methodology for implementing the reduction of risks, and as aids to maintaining water quality standards.
A baseline study program shall take full advantage of the data and information produced by related programs, such as the marine ecosystems analysis (MESA) program of the national oceanic and atmospheric administration, studies and inventories made pursuant to the state shorelines management act of 1971, and others. All phases of the program, including planning, operations, data analysis, interpretation, storage, retrieval, and dissemination phases, shall be coordinated to the greatest possible extent with appropriate governmental, academic, and industrial organizations. Whenever possible, the department shall contract with existing state agencies, boards, commissions, and institutions of higher education for the scientific investigation programs to be conducted.
[ 1973 2nd ex.s. c 30 § 2.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.415 - Marine pollution—Baseline study program—Scope of database produced.

RCW 43.21A.415
Marine pollution—Baseline study program—Scope of database produced.
The database produced by such studies should include chemical, physical, and biological parameters of the waters, complete information on marine pollution accidents, and an economic evaluation of the marine resources and shoreline properties that may be damaged or impaired by oil pollution. Where oceanographic and water quality instrumentation is used to gather data, such instruments shall be standardized and intercalibrated.
[ 1973 2nd ex.s. c 30 § 3.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.420 - Marine pollution—Baseline study program—Priority factors.

RCW 43.21A.420
Marine pollution—Baseline study program—Priority factors.
In planning the state baseline studies program, priority shall be given to those waters (1) in which the greatest risk of damage from oil spills exists; (2) which contain marine and freshwater life that is particularly sensitive to toxins contained in crude oil, oil products, and oil wastes; and (3) which are used or may be used for the harvesting, gathering, or production of food or food products.
[ 1973 2nd ex.s. c 30 § 4.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.430 - Catalytic converters in police, ambulance or emergency aid vehicles—Department's powers restricted in respect thereto.

RCW 43.21A.430
Catalytic converters in police, ambulance or emergency aid vehicles—Department's powers restricted in respect thereto.
The department of ecology may not adopt, maintain in effect, or enforce any rule requiring the installation or maintenance of a catalytic converter in the exhaust system of any motor vehicle used as a police vehicle, or ambulance, an emergency aid vehicle, or a fire department vehicle, and any catalytic converter in the exhaust system of any such vehicle may be lawfully removed.
[ 1977 ex.s. c 264 § 1.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.440 - Department authorized to participate in and administer federal Comprehensive Environmental Response, Compensation and Liability Act.

RCW 43.21A.440
Department authorized to participate in and administer federal Comprehensive Environmental Response, Compensation and Liability Act.
The department of ecology is authorized to participate fully in and is empowered to administer all programs of the federal Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 9601 et seq.), as it exists on July 24, 1983, contemplated for state participation and administration under that act.
[ 1983 c 270 § 3.]
NOTES:
Severability—1983 c 270: See note following RCW 90.48.260.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.445 - Departments authorized to participate in and administer federal Safe Drinking Water Act—Agreements with other departments.

RCW 43.21A.445
Departments authorized to participate in and administer federal Safe Drinking Water Act—Agreements with other departments.
The department of ecology, the department of natural resources, the department of health, and the *oil and gas conservation committee are authorized to participate fully in and are empowered to administer all programs of Part C of the federal Safe Drinking Water Act (42 U.S.C. Sec. 300h et seq.), as it exists on June 19, 1986, contemplated for state participation in administration under the act.
The department of ecology, in the implementation of powers provided herein shall enter into agreements of administration with the departments of health and natural resources and the *oil and gas conservation committee to administer those portions of the state program, approved under the federal act, over which the said departments and committee have primary subject-matter authority under existing state law. The departments of health and natural resources and the *oil and gas conservation committee are empowered to enter into such agreements and perform the administration contained therein.
[ 1989 1st ex.s. c 9 § 218; 1988 c 279 § 1; 1983 c 270 § 4.]
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 date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.
Severability—1983 c 270: See note following RCW 90.48.260.
Adoption of rules for on-site sewage disposal systems adjacent to marine waters: RCW 90.48.264.
Drinking water quality consumer complaints: RCW 80.04.110.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.450 - Control of outflow and level of Lake Osoyoos—Lake Osoyoos International Water Control Structure authorized.

RCW 43.21A.450
Control of outflow and level of Lake Osoyoos—Lake Osoyoos International Water Control Structure authorized.
(1) The legislature recognizes the need for the state of Washington to implement an understanding reached with the Province of British Columbia in relation to a joint venture with British Columbia for controlling the outflow and level of Lake Osoyoos, an international lake, and in connection therewith to replace an existing lake control structure on the Okanogan river in Washington state which has been classified as deteriorated and unsafe.
(2) For the purpose of implementing subsection (1) of this section, the department of ecology may acquire, design, construct, own, operate, and maintain a project to be known as the Lake Osoyoos International Water Control Structure and may acquire all real property interests necessary thereto by purchase, grant, gift, or eminent domain; provided that the authority of eminent domain as granted to the department under this section is limited to acquiring property necessary for access to the control structure, location of abutments for the control structure, and flowage easements if necessary.
(3) The department may accept and administer grants or gifts from any source for the purpose of carrying out subsection (2) of this section.
(4) The department may exercise its powers under subsection (2) of this section directly or through contracts, except that it may not delegate its authority of eminent domain. The department may also enter into agreements with any public or municipal corporation with respect to operation and maintenance of the project authorized under subsection (2) of this section.
[ 1985 c 27 § 1; 1982 c 76 § 1.]
NOTES:
Intent—1985 c 27; 1982 c 76: "It is the intent of this legislature in enacting RCW 43.21A.450 that total capital costs for the said project be shared equally by Washington state and British Columbia." [ 1985 c 27 § 2; 1982 c 76 § 2.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.470 - Yakima enhancement project—Duties—Request for congressional authorization for pipeline.

RCW 43.21A.470
Yakima enhancement project—Duties—Request for congressional authorization for pipeline.
(1) The director of the department of ecology shall:
(a) Continue to participate with the federal government in its studies of the Yakima enhancement project and of options for future development of the second half of the Columbia Basin project;
(b) Vigorously represent the state's interest in said studies, particularly as they relate to protection of existing water rights and resolution of conflicts in the adjudication of the Yakima river within the framework of state water rights law and propose means of resolving the conflict that minimize adverse effects on the various existing uses;
(c) As a cooperative federal and nonfederal effort, work with members of the congressional delegation to identify and advance, subject to the limitations in subsection (2) of this section, for federal authorization elements of the Yakima enhancement project which: Have general public support and acceptable cost-sharing arrangements, meet study objectives, and otherwise have potential for early implementation; and
(d) In developing acceptable cost-sharing arrangements, request federal recognition of state credit for expenditures of moneys from Washington state utility ratepayers.
(2) In the interest of promoting cooperation between all interested parties and to effectuate the efficient and satisfactory implementation of the Yakima enhancement project, the state requests that Congress authorize the construction of a pipeline between Keechelus Lake and Kachess Lake as one of the elements of early implementation of the Yakima enhancement project for the purpose of supplying the water which is demanded for and caused by the operation of the fish passage facilities at the Easton Dam. The department, in concert with other state agencies, shall work diligently to assure that the pipeline element is included in the federal legislation.
[ 1987 c 517 § 1; 1986 c 316 § 3.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.510 - State environmental profile.

RCW 43.21A.510
State environmental profile.
In order to assist the department of commerce in providing information to businesses interested in locating in Washington state, the department shall develop an environmental profile of the state. This profile shall identify the state's natural resources and describe how these assets are valuable to industry. Examples of information to be included are water resources and quality, air quality, and recreational opportunities related to natural resources.
[ 2023 c 470 § 2035; 1995 c 399 § 66; 1985 c 466 § 51; 1984 c 94 § 2.]
NOTES:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
Effective date—Severability—1985 c 466: See notes following RCW 43.31.125.
Findings—1984 c 94: "The legislature finds (1) that a locality's natural environment is an important factor in determining where new businesses will locate, (2) that environmental regulations that preserve the quality of the environment can enhance economic development and the determination by new businesses where to locate and can lead to the creation of jobs and new industries, and (3) that some areas of the state have been and might be handicapped in their economic development efforts because of perceived environmental problems. Thus, the legislature declares that it is the policy of this state to recognize and emphasize the importance of the state's natural environment in its economic development efforts in attracting and maintaining businesses." [ 1984 c 94 § 1.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.515 - Assistance to businesses interested in locating in Washington required—Information on environmental laws and regulations to be provided.

RCW 43.21A.515
Assistance to businesses interested in locating in Washington required—Information on environmental laws and regulations to be provided.
In order to emphasize the importance of the state's environmental laws and regulations and to facilitate compliance with them, the department of ecology shall provide assistance to businesses interested in locating in Washington state. When the department of commerce receives a query from an interested business through its industrial marketing activities, it shall arrange for the department of ecology to provide information on the state's environmental laws and regulations and methods of compliance. This section shall facilitate compliance with state environmental laws and regulations and shall not weaken their application or effectiveness.
[ 2023 c 470 § 2036; 1995 c 399 § 67; 1985 c 466 § 52; 1984 c 94 § 3.]
NOTES:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
Effective date—Severability—1985 c 466: See notes following RCW 43.31.125.
Findings—1984 c 94: See note following RCW 43.21A.510.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.520 - Environmental excellence awards program for products.

RCW 43.21A.520
Environmental excellence awards program for products.
(1) The department of ecology shall develop and implement an environmental excellence awards program that recognizes products that are produced, labeled, or packaged in a manner that helps ensure environmental protection. The award shall be in recognition of products that are made from recycled materials, easy to recycle, substitute for more hazardous products, or otherwise help protect the environment. Application for the award shall be voluntary. The awards may be made in a variety of product categories including, but not limited to:
(a) Paint products;
(b) Cleaning products;
(c) Pest control products;
(d) Automotive, marine, and related maintenance products;
(e) Hobby and recreation products; and
(f) Any other product available for retail or wholesale sale.
(2) Products receiving an environmental excellence award pursuant to this section shall be entitled to display a logo or other symbol developed by the department to signify the award. Awards shall be given each year to as many products as qualify. The award logo may be displayed for a period to be determined by the department.
[ 2010 1st sp.s. c 7 § 87; 1989 c 431 § 47; 1987 c 67 § 1.]
NOTES:
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.530 - Puget Sound marine shoreline surveys.

RCW 43.21A.530
Puget Sound marine shoreline surveys.
(1) The department must conduct and maintain a baseline survey of Puget Sound marine shorelines that utilizes new technology to capture georeferenced oblique aerial and 360 degree on-the-water imagery. Nothing in this section creates a requirement for the department to perform change analysis. However, the software used must have the capacity for change analysis review. These identified technologies are intended to be a minimum requirement and the department may utilize and incorporate additional tools and technologies as they become available. The survey must document and map existing general shoreline conditions, structures, and structure conditions. This information must be available to the public and incorporated into state geographic information system mapping with visual personally identifiable information removed from on-the-water imagery prior to posting.
(2) The initial marine oblique aerial and on-the-water imagery must be completed and publicly available by December 31, 2024, and updated on a regular two-year cycle thereafter. The survey to document and map existing shoreline conditions, structures, and structure conditions must be completed and publicly available by June 30, 2025, and updated on a regular two-year cycle thereafter.
(3) For the purposes of this section, "Puget Sound" means Puget Sound and related inland salt waters of the state of Washington inside the boundary line between Washington and British Columbia, the Strait of Juan de Fuca, Hood Canal, and the San Juan Islands.
[ 2023 c 465 § 2.]
NOTES:
Findings—2023 c 465: "The legislature finds that marine nearshore habitat in Puget Sound is important for the recovery of threatened and endangered species of salmon, orcas, and marine birds. Critical nearshore components include forage fish spawning habitat, submerged aquatic vegetation, benthic substrate, adjacent upland vegetation, and the geomorphic processes that support a healthy ecosystem and food web. Establishing and regularly updating a publicly available baseline survey and map of general shoreline conditions, including the presence, location, and condition of nearshore development, is a critical tool for regulatory planning and restoration and mitigation opportunity identification by state agencies, local jurisdictions, tribal governments, and nongovernmental organizations." [ 2023 c 465 § 1.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.535 - Use of Puget Sound marine shoreline surveys in investigations and enforcement actions—Record.

RCW 43.21A.535
Use of Puget Sound marine shoreline surveys in investigations and enforcement actions—Record.
The department shall maintain a record of all civil or criminal investigations or enforcement actions in which the department is a participant that utilize georeferenced imagery or surveys produced pursuant to RCW 43.21A.530.
[ 2023 c 465 § 3.]
NOTES:
Findings—2023 c 465: See note following RCW 43.21A.530.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.600 - Powers and duties—Electric power resources.

RCW 43.21A.600
Powers and duties—Electric power resources.
The department shall make studies and surveys, collect, compile and disseminate information and statistics to facilitate development of the electric power resources of the state by public utility districts, municipalities, electric cooperatives, joint operating agencies and public utility companies. The director may cause studies to be made relating to the construction of steam generating plants using any available fuel and their integration with hydro-electric facilities. He or she may cause designs for any such plant to be prepared. He or she shall employ such engineers and other experts and assistants as may be necessary to carry out his or her power resources functions.
[ 2009 c 549 § 5086; 1988 c 127 § 8; 1965 c 8 § 43.21.220. Prior: 1957 c 284 § 2. Formerly RCW 43.21.220.]
NOTES:
Joint operating agencies: Chapter 43.52 RCW.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.605 - Development of electric power resources—Cooperation with governmental units.

RCW 43.21A.605
Development of electric power resources—Cooperation with governmental units.
The director may represent the state and aid and assist the public utilities therein to the end that its resources shall be properly developed in the public interest insofar as they affect electric power and to this end he or she shall cooperate and may negotiate with Canada, the United States, the states thereof and their agencies to develop and integrate the resources of the region.
[ 2009 c 549 § 5087; 1988 c 127 § 9; 1965 c 8 § 43.21.230. Prior: 1957 c 284 § 3. Formerly RCW 43.21.230.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.610 - Steam electric generating plant—Study—Construction.

RCW 43.21A.610
Steam electric generating plant—Study—Construction.
The director shall continue the study of the state power commission made in 1956 relating to the construction of a steam power electric generating plant, and if the construction of a steam electric generating plant is found to be feasible by the director, the director may construct such plant at a site determined by him or her to be feasible and operate it as a state owned facility.
[ 2009 c 549 § 5088; 1988 c 127 § 10; 1965 c 8 § 43.21.250. Prior: 1957 c 275 § 3. Formerly RCW 43.21.250.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.614 - Steam electric generating plant—Powers of director in constructing, operating and maintaining.

RCW 43.21A.614
Steam electric generating plant—Powers of director in constructing, operating and maintaining.
In order to construct, operate and maintain the single steam power electric generating plant provided for in RCW 43.21A.610 the director shall have authority:
(1) To generate, produce, transmit, deliver, exchange, purchase or sell electric energy and to enter into contracts for any or all such purposes.
(2) To construct, condemn, purchase, lease, acquire, add to, extend, maintain, improve, operate, develop and regulate such steam electric power plant, work and facilities for the generation and/or transmission of electric energy and to take, condemn, purchase, lease and acquire any real or personal, public or private property, franchise and property rights, including but not limited to state, county and school lands and properties, for any of the purposes herein set forth and for any facilities or works necessary or convenient for use in the construction, maintenance or operation of such work, plant and facilities; providing that the director shall not be authorized to acquire by condemnation any plant, work and facility owned and operated by any city or district, or by a privately owned public utility.
(3) To apply to the appropriate agencies of the state of Washington, the United States or any state thereof, or to any other proper agency for such permits, licenses or approvals as may be necessary, and to construct, maintain and operate facilities in accordance with such licenses or permits, and to obtain, hold and use such licenses and permits in the same manner as any other person or operating unit.
(4) To establish rates for electric energy sold or transmitted by the director. When any revenue bonds or warrants are outstanding the director shall have the power and shall be required to establish and maintain and collect rates or charges for electric energy furnished or supplied by the director which shall be fair and nondiscriminatory and adequate to provide revenues sufficient for the payment of the principal and interest on such bonds or warrants and all payments which the director is obligated to set aside in any special fund or funds created for such purposes, and for the proper operation and maintenance of the public utility owned by the director and all necessary repairs, replacements and renewals thereof.
(5) To employ legal, engineering and other professional services and fix the compensation of a managing director and such other employees as the director may deem necessary to carry on its business, and to delegate to such manager or other employees such authority as the director shall determine. Such manager and employees shall be appointed for an indefinite time and be removable at the will of the director.
[ 1988 c 127 § 12; 1965 c 8 § 43.21.270. Prior: 1957 c 275 § 5. Formerly RCW 43.21.270.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.616 - Steam electric generating plant—Eminent domain.

RCW 43.21A.616
Steam electric generating plant—Eminent domain.
For the purpose of carrying out any or all of the powers herein granted the director shall have the power of eminent domain for the acquisition of either real or personal property used or useful in connection with the construction of facilities authorized hereunder. Actions in eminent domain pursuant to RCW 43.21A.610 through 43.21A.642 shall be brought in the name of the state in any court of competent jurisdiction under the procedure set out in chapter 8.04 RCW. The director may institute condemnation proceedings in the superior court of any county in which any of the property sought to be condemned is located or in which the owner thereof does business, and the court in any such action shall have jurisdiction to condemn property wherever located within the state. It shall not be necessary to allege or prove any offer to purchase or inability to agree with the owners thereof for the purchase of any such property in said proceedings. Upon the filing of a petition for condemnation, as provided in this section, the court may issue an order restraining the removal from the jurisdiction of the state of any personal property sought to be acquired by the proceedings during the pendency thereof. The court shall further have the power to issue such orders or process as shall be necessary to place the director into possession of any property condemned.
[ 1988 c 127 § 13; 1965 c 8 § 43.21.280. Prior: 1957 c 275 § 6. Formerly RCW 43.21.280.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.618 - Steam electric generating plant—State not financially obligated—Separation and expenditure of funds.

RCW 43.21A.618
Steam electric generating plant—State not financially obligated—Separation and expenditure of funds.
The director shall have no right or power to impose any debt nor to suffer or create any financial obligation upon the state of Washington or its subdivisions in the execution of RCW 43.21A.610 through 43.21A.642.
No revenues received by the director for the sale of electricity or otherwise, shall be expended except for the payment of lawful obligations of the director and all such revenues and receipts shall be kept and maintained in a separate fund.
[ 1988 c 127 § 14; 1965 c 8 § 43.21.290. Prior: 1957 c 275 § 7. Formerly RCW 43.21.290.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.620 - Steam electric generating plant—Revenue bonds and warrants.

RCW 43.21A.620
Steam electric generating plant—Revenue bonds and warrants.
For the purposes provided for in RCW 43.21A.610 through 43.21A.642, the state finance committee shall, upon being notified to do so by the director, issue revenue bonds or warrants payable from the revenues from the steam electric plant provided for in RCW 43.21A.610. When the director deems it advisable that he or she acquire or construct said steam electric plant or make additions or betterments thereto, he or she shall so notify the state finance committee and he or she shall also notify the state finance committee as to the plan proposed, together with the estimated cost thereof. The state finance committee, upon receiving such notice, shall provide for the construction thereof and the issuance of revenue bonds or warrants therefor by a resolution which shall specify and adopt the system or plan proposed, and declare the estimated cost thereof, as nearly as may be, including as part of the cost, funds necessary for working capital for the operation of such utility and the payment of the expenses incurred in the acquisition or construction thereof. Such resolution shall specify that utility revenue bonds are to be issued to defray the cost thereof and the amount of such bonds to be issued. Bonds issued under the provisions of RCW 43.21A.610 through 43.21A.642 shall distinctly state that they are not a general obligation of the state.
[ 2009 c 549 § 5089; 1988 c 127 § 15; 1965 c 8 § 43.21.300. Prior: 1957 c 275 § 8. Formerly RCW 43.21.300.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.622 - Steam electric generating plant—Special funds—Payment of bonds, interest.

RCW 43.21A.622
Steam electric generating plant—Special funds—Payment of bonds, interest.
When the state finance committee issues revenue bonds as provided in RCW 43.21A.620, it shall, as a part of the plan and system, request the state treasurer to establish a special fund or funds to defray the cost of the steam electric utility, or additions or betterments thereto or extensions thereof. The state finance committee may obligate and bind the director to set aside and pay to the state treasurer for deposit into such fund or funds a fixed proportion of the gross revenue of the steam electric utility and all additions or betterments thereto or extensions thereof, or any fixed amount out of, and not exceeding the fixed proportion of such revenue, or a fixed amount without regard to any fixed proportion, or an amount of the revenue equal to a fixed percentage of the aggregate principal amount of revenue bonds at any time issued against the special fund or funds. It may issue and sell utility bonds payable as to both principal and interest only out of such fund or funds.
The revenue bonds shall be payable at such places and times, both as to principal and interest, and bear interest at such rates payable semiannually as the state finance committee shall determine.
[ 1988 c 127 § 16; 1965 c 8 § 43.21.310. Prior: 1957 c 275 § 9. Formerly RCW 43.21.310.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.624 - Steam electric generating plant—Considerations in issuance of bonds, limitations.

RCW 43.21A.624
Steam electric generating plant—Considerations in issuance of bonds, limitations.
In the issuance of any bonds hereunder the state finance committee shall have due regard to the cost of operation and maintenance of the steam electric utility as acquired, constructed or added to, and to any proportion or amount of the revenue previously pledged as a fund for the payment of revenue bonds. It shall not require to be set aside into the fund a greater amount or proportion of the revenue than in its judgment and as agreed to by the director will be available over and above the cost of maintenance and operation and any amount or proportion of the revenue so previously pledged. Revenue bonds and interest thereon issued against such fund shall be a valid claim of the holder thereof only as against the fund and the proportion or amount of the revenue pledged thereto, but shall constitute a prior charge over all other charges or claims whatsoever against the fund and the proportion or amount of the revenues pledged thereto. Each revenue bond shall state on its face that it is payable from a special fund, naming the fund and the resolution creating it.
[ 1988 c 127 § 17; 1965 c 8 § 43.21.320. Prior: 1957 c 275 § 10. Formerly RCW 43.21.320.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.626 - Steam electric generating plant—Resolution authorizing issuance of bonds, contents, covenants.

RCW 43.21A.626
Steam electric generating plant—Resolution authorizing issuance of bonds, contents, covenants.
The resolution of the state finance committee authorizing the issuance of revenue bonds shall specify the title of the bonds as determined by the state finance committee, and may contain covenants by the committee to protect and safeguard the security and the rights of the holders thereof, including covenants as to, among other things:
(1) The purpose or purposes to which the proceeds of the sale of the revenue bonds may be applied and the use and disposition thereof;
(2) The use and disposition of the gross revenue of the steam electric utility and any additions or betterments thereto or extensions thereof, the cost of which is to be defrayed with such proceeds, including the creation and maintenance of funds for working capital to be used in the operation of the steam electric utility and for renewals and replacements thereof;
(3) The amount, if any, of additional revenue bonds payable from such fund which may be issued and the terms and conditions on which such additional revenue bonds or warrants may be issued;
(4) The establishment and maintenance of adequate rates and charges for electric power and energy and other services, facilities, and commodities, sold, furnished or supplied by the steam electric utility;
(5) The operation, maintenance, management, accounting and auditing of the electric utility;
(6) The terms upon which the revenue bonds, or any of them, may be redeemed at the election of the agency;
(7) Limitations upon the right to dispose of the steam electric utility or any part thereof without providing for the payment of the outstanding revenue bonds; and
(8) The appointment of trustees, depositaries, and paying agents to receive, hold, disburse, invest, and reinvest all or any part of the income, revenue, receipts and profits derived by the director from the operation, ownership, and management of its steam electric utility.
[ 1988 c 127 § 18; 1965 c 8 § 43.21.330. Prior: 1957 c 275 § 11. Formerly RCW 43.21.330.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.628 - Steam electric generating plant—Sale of bonds.

RCW 43.21A.628
Steam electric generating plant—Sale of bonds.
All bonds issued under or by authority of RCW 43.21A.610 through 43.21A.642 shall be sold to the highest and best bidder after such advertising for bids as the state finance committee may deem proper. The state finance committee may reject any and all bids so submitted and thereafter sell such bonds so advertised under such terms and conditions as the state finance committee may deem most advantageous to its own interests.
[ 1988 c 127 § 19; 1970 ex.s. c 56 § 61; 1969 ex.s. c 232 § 32; 1965 c 8 § 43.21.340. Prior: 1957 c 275 § 12. Formerly RCW 43.21.340.]
NOTES:
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.630 - Steam electric generating plant—Examination, registration of bonds by state auditor—Defects, irregularities.

RCW 43.21A.630
Steam electric generating plant—Examination, registration of bonds by state auditor—Defects, irregularities.
Prior to the issuance and delivery of any revenue bonds, such bonds and a certified copy of the resolution authorizing them shall be delivered to the state auditor together with any additional information that he or she may require. When the bonds have been examined they shall be registered by the auditor in books to be kept by him or her for that purpose, and a certificate of registration shall be endorsed upon each bond and signed by the auditor or a deputy appointed by him or her for the purpose. The bonds shall then be prima facie valid and binding obligations of the state finance committee in accordance with their terms, notwithstanding any defects or irregularities in the authorization and issuance of the bonds, or in the sale, execution or delivery thereof.
[ 2009 c 549 § 5090; 1965 c 8 § 43.21.350. Prior: 1957 c 275 § 13. Formerly RCW 43.21.350.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.632 - Steam electric generating plant—Rates or charges.

RCW 43.21A.632
Steam electric generating plant—Rates or charges.
When revenue bonds are outstanding the director shall establish, maintain, and collect rates or charges for electric power and energy, and other services, facilities and commodities sold and supplied by the director which shall be fair and nondiscriminatory and adequate to provide revenue sufficient to pay the principal of and interest on revenue bonds outstanding, and all payments which the director is obligated to make to the state treasurer for deposit in any special fund or funds created for such purpose, and for the proper operation and maintenance of the utility and all necessary repairs, replacements and renewals thereof.
[ 1988 c 127 § 20; 1965 c 8 § 43.21.360. Prior: 1957 c 275 § 14. Formerly RCW 43.21.360.]