reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-60 - Applications for site certification › Subpart C - - NATURAL ENVIRONMENT › Section 463-60-302 - Natural environment - Earth

Current through Register Vol. 24-14, July 15, 2024
(1) The applicant shall provide detailed descriptions of the
				  existing environment, project impacts, and mitigation measures for the
				  following:
(a) Geology. The application shall include the results of a
				  comprehensive geologic survey showing conditions at the site, the nature of
				  foundation materials, and potential seismic activities.
(b) Soils. The application shall describe all procedures to
				  be utilized to minimize erosion and other adverse consequences during the
				  removal of vegetation, excavation of borrow pits, foundations and trenches,
				  disposal of surplus materials, and construction of earth fills. The location of
				  such activities shall be described and the quantities of material shall be
				  indicated.
(c) Topography. The application shall include contour maps
				  showing the original topography and any changes likely to occur as a result of
				  energy facility construction and related activities. Contour maps showing
				  proposed shoreline or channel changes shall also be furnished.
(d) Unique physical features. The application shall list any
				  unusual or unique geologic or physical features in the project area or areas
				  potentially affected by the project.
(e) Erosion/enlargement of land area (accretion). The
				  application shall identify any potential for erosion, deposition, or change of
				  any land surface, shoreline, beach, or submarine area due to construction
				  activities, placement of permanent or temporary structures, or changes in
				  drainage resulting from construction or placement of facilities associated with
				  construction or operation of the proposed energy project.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-60 - Applications for site certification › Subpart C - - NATURAL ENVIRONMENT › Section 463-60-312 - Natural environment - Air

Current through Register Vol. 24-14, July 15, 2024
The application shall provide detailed descriptions of the
				  affected environment, project impacts, and mitigation measures for the
				  following:
(1) Air quality. The application shall identify all pertinent
				  air pollution control standards. The application shall contain adequate data
				  showing air quality and meteorological conditions at the site. Meteorological
				  data shall include, at least, adequate information about wind direction
				  patterns, air stability, wind velocity patterns, precipitation, humidity, and
				  temperature. The applicant shall describe the means to be utilized to assure
				  compliance with applicable local, state, and federal air quality and emission
				  standards.
(2) Odor. The application shall describe for the area
				  affected all odors caused by construction or operation of the facility, and
				  shall describe how these are to be minimized or eliminated.
(3) Climate. The application shall describe the extent to
				  which facility operations may cause visible plumes, fogging, misting, icing, or
				  impairment of visibility, and changes in ambient levels caused by all emitted
				  pollutants.
(4) Climate change. The application shall describe impacts
				  caused by greenhouse gases emissions and the mitigation measures
				  proposed.
(5) Dust. The application shall describe for any area
				  affected all dust sources created by construction or operation of the facility,
				  and shall describe how these are to be minimized or
				  eliminated.
Statutory Authority:
					 Chapter
					 80.50 RCW and
					 RCW 80.50.040. 09-05-067, §
											463-60-312,
					 filed 2/13/09, effective 3/16/09. Statutory Authority:
					 RCW  80.50.040(1) and (12).
					 04-21-013, amended and recodified as §
											463-60-312, filed 10/11/04,
					 effective 11/11/04. Statutory Authority:
					 RCW 80.50.040. 92-23-012, § 463-42-312,
					 filed 11/6/92, effective 12/7/92.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-60 - Applications for site certification › Subpart C - - NATURAL ENVIRONMENT › Section 463-60-322 - Natural environment - Water

Current through Register Vol. 24-14, July 15, 2024
(1) The application shall provide detailed descriptions of
				  the affected natural water environment, project impacts and proposed mitigation
				  measures, and shall demonstrate that facility construction and/or operational
				  discharges will be compatible with and meet state water quality
				  standards.
(2) Surface water movement/quality/quantity. The application
				  shall set forth all background water quality data pertinent to the site, and
				  hydrographic study data and analysis of the receiving waters within one-half
				  mile of any proposed discharge location with regard to: Bottom configuration;
				  minimum, average, and maximum water depths and velocities; water temperature
				  and salinity profiles; anticipated effluent distribution, dilution, and plume
				  characteristics under all discharge conditions; and other relevant
				  characteristics which could influence the impact of any wastes discharged
				  thereto.
(3) Runoff/absorption. The application shall describe how
				  surface water runoff and erosion are to be controlled during construction and
				  operation, how runoff can be reintroduced to the ground for return to the
				  groundwater supply, and to assure compliance with state water quality
				  standards.
(4) Floods. The application shall describe potential for
				  flooding, identify the five, fifty, and one hundred-year flood boundaries, and
				  describe possible flood impacts at the site, as well as possible flood-related
				  impacts both upstream and downstream of the proposed facility as a result of
				  construction and operation of the facility and all protective measures to
				  prevent possible flood damage to the site and facility.
(5) Groundwater movement/quantity/quality. The application
				  shall describe the existing groundwater movement, quality, and quantity on and
				  near the site, and in the vicinity of any points of water withdrawal associated
				  with water supply to the project. The application shall describe any changes in
				  surface and groundwater movement, quantity, quality or supply uses which might
				  result from project construction or operation and from groundwater withdrawals
				  associated with water supply for the project, and shall provide mitigation for
				  adverse impacts that have been identified.
(6) Public water supplies. The application shall provide a
				  detailed description of any public water supplies which may be used or affected
				  by the project during construction or operation of the
				  facility.
Statutory Authority:
					 RCW 80.50.040(1) and (12).
					 04-21-013, amended and recodified as §
											463-60-322, filed 10/11/04,
					 effective 11/11/04. Statutory Authority:
					 RCW 80.50.040. 92-23-012, § 463-42-322,
					 filed 11/6/92, effective 12/7/92.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-60 - Applications for site certification › Subpart C - - NATURAL ENVIRONMENT › Section 463-60-332 - Natural environment - Habitat, vegetation, fish and wildlife

Current through Register Vol. 24-14, July 15, 2024
The application shall describe all existing habitat types,
				  vegetation, wetlands, fish, wildlife, and in-stream flows on and near the
				  project site which might reasonably be affected by construction, operation,
				  decommissioning, or abandonment of the energy facility and any associated
				  facilities. For purposes of this section, the term "project site" refers to the
				  site for which site certification is being requested, and the location of any
				  associated facilities or their right of way corridors, if applicable. The
				  application shall contain the following information:
(1) Assessment of existing habitats and their use. The
				  application shall include a habitat assessment report prepared by a qualified
				  professional. The report shall contain, but not be limited to, the following
				  information:
(a) A detailed description of habitats and species present on
				  and adjacent to the project site, including identification of habitats and
				  species present, relative cover, density, distribution, and health and
				  vigor;
(b) Identification of any species of local importance,
				  priority species, or endangered, threatened, or candidate species that have a
				  primary association with habitat on or adjacent to the project site;
(c) A discussion of any federal, state, or local special
				  management recommendations, including department of fish and wildlife habitat
				  management recommendations, that have been developed for species or habitats
				  located on or adjacent to the project area;
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-60 - Applications for site certification › Subpart C - - NATURAL ENVIRONMENT › Section 463-60-333 - Natural environment - Wetlands

Current through Register Vol. 24-14, July 15, 2024
The application shall include a report for wetlands prepared
				  by a qualified professional wetland scientist. For purposes of this section,
				  the term "project site" refers to the site for which site certification is
				  being requested, and the location of any associated facilities or their right
				  of way corridors if applicable. The report shall include, but not be limited
				  to, the following information:
(1) Assessment of existing wetlands present and their
				  quality. The assessment of the presence and quality of existing wetlands shall
				  include:
(a) A wetland delineation performed by a qualified
				  professional according to the
Washington State Wetlands Delineation and
				  Identification Manual
, 1997, and associated data sheets, site maps
				  with data plots and delineated wetlands areas, photographs, and topographic and
				  aerial site maps.
(b) A description of wetland categories found on the site
				  according to the Washington state wetland rating system found in
Western Washington, Ecology Publication #93-74
and
Eastern Washington, Ecology Publication 391-58
, or as revised
				  by the department of ecology.
(c) A discussion of water sources supplying wetlands and
				  documentation of hydrologic regime encountered.
(d) A function assessment report prepared according to the
Washington State Wetland Function Assessment Method
to assess
				  wetlands functions for those wetland types covered by the method, and including
				  a description of type and degree of wetland functions that are provided.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-60 - Applications for site certification › Subpart C - - NATURAL ENVIRONMENT › Section 463-60-342 - Natural environment - Energy and natural resources

Current through Register Vol. 24-14, July 15, 2024
(1) Amount required/rate of use/efficiency. The application
				  shall describe the rate of use and efficiency of consumption of energy and
				  natural resources during both construction and operation of the proposed
				  facility.
(2) Source/availability. The application shall describe the
				  sources of supply, locations of use, types, amounts, and availability of energy
				  or resources to be used or consumed during construction and operation of the
				  facility.
(3) Nonrenewable resources. The application shall describe
				  all nonrenewable resources that will be used, made inaccessible or unusable by
				  construction and operation of the facility.
(4) Conservation and renewable resources. The application
				  shall describe conservation measures and/or renewable resources which will or
				  could be used during construction and operation of the facility.
(5) Scenic resources. The application shall describe any
				  scenic resources which may be affected by the facility or discharges from the
				  facility.
Statutory Authority:
					 RCW 80.50.040(1) and (12).
					 04-21-013, amended and recodified as §
											463-60-342, filed 10/11/04,
					 effective 11/11/04. Statutory Authority:
					 RCW 80.50.040. 92-23-012, § 463-42-342,
					 filed 11/6/92, effective 12/7/92.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-60 - Applications for site certification › Subpart D - - BUILT ENVIRONMENT › Section 463-60-352 - Built environment - Environmental health

Current through Register Vol. 24-14, July 15, 2024
(1) Noise. The application shall:
(a) Describe and quantify the background noise environment
				  that would be affected by the energy facility. The number of locations used for
				  assessment of the existing noise environment shall be commensurate with the
				  type of energy facility being proposed, the impacts expected, and the presence
				  of high density receptor locations in the vicinity of the proposed site.
(b) Identify and quantify the impact of noise emissions
				  resulting from construction and operation of the energy facility, using
				  appropriate state-of-the-art modeling techniques, and including impacts
				  resulting from low frequency noise;
(c) Identify local, state, and federal environmental noise
				  impact guidelines;
(d) Describe the mitigation measures to be implemented to
				  satisfy WAC
				  463-62-030;
(e) Describe the means the applicant proposes to employ to
				  assure continued compliance with WAC
				  463-62-030.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-60 - Applications for site certification › Subpart D - - BUILT ENVIRONMENT › Section 463-60-362 - Built environment - Land and shoreline use

Current through Register Vol. 24-14, July 15, 2024
(1) The application shall identify land use plans and zoning
				  ordinances applicable to the project site.
(2) Light and glare. The application shall describe the
				  impact of light and glare from construction and operation and shall describe
				  the measures to be taken in order to eliminate or lessen this impact.
(3) Aesthetics. The application shall describe the aesthetic
				  impact of the proposed energy facility and associated facilities and any
				  alteration of surrounding terrain. The presentation will show the location and
				  design of the facilities relative to the physical features of the site in a way
				  that will show how the installation will appear relative to its surroundings.
				  The applicant shall describe the procedures to be utilized to restore or
				  enhance the landscape disturbed during construction (to include temporary
				  roads).
(4) Recreation. The application shall list all recreational
				  sites within the area affected by construction and operation of the facility
				  and shall then describe how each will be impacted by construction and
				  operation.
(5) Historic and cultural preservation. The application shall
				  coordinate with and provide a list of all historical and archaeological sites
				  within the area affected by construction and operation of the facility to the
				  Washington state office of archaeology and historic preservation and interested
				  tribe(s). The application shall:
(a) Provide evidence of this coordination;
(b) Describe how each site will be impacted by construction
				  and operation; and
(c) Identify what mitigation will be required.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-60 - Applications for site certification › Subpart D - - BUILT ENVIRONMENT › Section 463-60-372 - Built environment - Transportation

Current through Register Vol. 24-14, July 15, 2024
(1) Transportation systems. The application shall identify
				  all permanent transportation facilities impacted by the construction and
				  operation of the energy facilities, the nature of the impacts and the methods
				  to mitigate impacts. Such impact identification, description, and mitigation
				  shall, at least, take into account:
(a) Expected traffic volumes during construction, based on
				  where the work force is expected to reside;
(b) Access routes for moving heavy loads, construction
				  materials, or equipment;
(c) Expected traffic volumes during normal operation of the
				  facility;
(d) For transmission facilities, anticipated maintenance
				  access; and
(e) Consistency with local comprehensive transportation
				  plans.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-60 - Applications for site certification › Subpart D - - BUILT ENVIRONMENT › Section 463-60-535 - Socioeconomic impact

Current through Register Vol. 24-14, July 15, 2024
The application shall include a detailed socioeconomic impact
				  analysis which identifies primary, secondary, positive as well as negative
				  impacts on the socioeconomic environment in the area potentially affected by
				  the project, with particular attention to the impact of the proposed facility
				  on population, work force, property values, housing, health facilities and
				  services, education facilities, governmental services, and local economy. The
				  study area shall include the area that may be affected by employment within a
				  one-hour commute distance of the project site. The analysis shall use the most
				  recent data as published by the U.S. Census or state of Washington
				  sources.
(1) The analysis shall include:
(a) Population and growth rate data for the most current
				  ten-year period for the county or counties and incorporated cities in the study
				  area;
(b) Published forecast population figures for the study area
				  for both the construction and operations periods;
(c) Numbers and percentages describing the race/ethnic
				  composition of the cities and counties in the study area;
(d) Average per capita and household incomes, including the
				  number and percentage of the population below the poverty level for the cities
				  and counties within the study area;
(e) A description of whether or not any minority or
				  low-income populations would be displaced by this project or disproportionately
				  impacted;
(f) The average annual work force size, total number of
				  employed workers, and the number and percentage of unemployed workers including
				  the year that data are most recently available. Employment numbers and
				  percentage of the total work force should be provided for the primary
				  employment sectors;
(g) An estimate by month of the average size of the project
				  construction, operational work force by trade, and work force peak
				  periods;
(h) An analysis of whether or not the locally available work
				  force would be sufficient to meet the anticipated demand for direct workers and
				  an estimate of the number of construction and operation workers that would be
				  hired from outside of the study area if the locally available work force would
				  not meet the demand;
(i) A list of the required trades for the proposed project
				  construction;
(j) An estimate of how many direct or indirect operation and
				  maintenance workers (including family members and/or dependents) would
				  temporarily relocate;
(k) An estimate of how many workers would potentially commute
				  on a daily basis and where they would originate.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-60 - Applications for site certification › Subpart E - APPLICATIONS FOR PERMITS AND AUTHORIZATIONS › Section 463-60-536 - Air emissions permits and authorizations

Current through Register Vol. 24-14, July 15, 2024
(1) The application for site certification shall include a
				  completed prevention of significant deterioration permit (PSD) application and
				  a notice of construction application pursuant to the requirements of chapter
				  463-78 WAC.
(2) The application shall include requests for authorization
				  for any emissions otherwise regulated by local air agencies as identified in
				  WAC 463-60-297 Pertinent federal,
				  state and local requirements.
04-23-003, recodified as §
											463-60-536, filed 11/4/04,
					 effective 11/11/04. Statutory Authority:
					 RCW  80.50.040(1) and (12).
					 04-21-013, § 463-42-536, filed 10/11/04, effective
					 11/11/04.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-60 - Applications for site certification › Subpart E - APPLICATIONS FOR PERMITS AND AUTHORIZATIONS › Section 463-60-537 - Wastewater/storm water discharge permit applications

Current through Register Vol. 24-14, July 15, 2024
The application for site certification shall include:
(1) A completed National Pollutant Discharge Elimination
				  System (NPDES) permit application, for any proposed discharge to surface waters
				  of the state of Washington, pursuant to the requirements of WAC
				  463-76-031; or
(2) For any proposed discharge to publicly owned treatment
				  works (POTW) and/or groundwater of the state of Washington, a state waste
				  discharge application;
(3) A notice of intent to be covered under any applicable
				  statewide general permit for storm water discharge.
04-23-003, recodified as §
											463-60-537, filed 11/4/04,
					 effective 11/11/04. Statutory Authority:
					 RCW  80.50.040(1) and (12).
					 04-21-013, § 463-42-537, filed 10/11/04, effective
					 11/11/04.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-60 - Applications for site certification › Subpart E - APPLICATIONS FOR PERMITS AND AUTHORIZATIONS › Section 463-60-540 - Other permit applications

Current through Register Vol. 24-14, July 15, 2024
The application for site certification shall include:
(1) A completed joint aquatic resource permit
				application (JARPA) for any proposed activities that would require the issuance
				of a water quality certification under section 401 of the Federal Water
				Pollution Control Act, or would otherwise require the issuance of a hydraulic
				permit approval;
(2) A notice of
				intent to be covered under a statewide general permit for sand and gravel
				issued by ecology; and
(3)A notice
				of intent to be covered under other permits that are otherwise issued by state
				agencies.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-61 - Electrical transmission facilities › Section 463-61-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
This chapter describes the preapplication process that is
				mandatory prior to filing an application and the requirements for applications
				to site electrical transmission facilities.
Statutory Authority:
				  Chapter
				  80.50 RCW and
				  RCW 80.50.040. 08-21-092, §
										463-61-010,
				  filed 10/15/08, effective 11/15/08.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-61 - Electrical transmission facilities › Section 463-61-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The following definitions apply when these terms are used in
				the provisions of this chapter:
"EFSEC" means the energy facility site evaluation council and
				where appropriate the EFSEC staff.
"Facilities" means those energy transmission facilities
				described in
				RCW  80.50.060 and WAC
				463-61-030.
"Land use plan" means a comprehensive plan or land use element
				thereof adopted by a unit of local government pursuant to
				chapter
				35.63, 35A.06,
				36.70, or
				36.70A RCW, or as otherwise
				designated by chapter 325, Laws of 2007.
"Modification" means a significant change to an electrical
				transmission facility which does not include any of the following:
(a) Minor improvements such as the replacement of existing
				transmission line facilities or supporting structures with equivalent
				facilities or structures;
(b) The relocation of existing electrical transmission line
				facilities within the existing corridor;
(c) The conversion of existing overhead lines to underground;
				or
(d) The placement of new or additional conductors, supporting
				structures, insulators, or their accessories on or replacement of supporting
				structures already built.
"National interest electric transmission corridor" means a
				transmission corridor identified by the U.S. Department of Energy pursuant to
				section 1221 of the 2005 Energy Policy Act.
"Preapplicant" means a person considering applying for a site
				certificate agreement for an electrical transmission facility.
"Preapplication process" means the process which is initiated
				by written request by a preapplicant to EFSEC, a preapplicant's initial
				consultation with EFSEC, and the activities conducted under WAC
				463-61-050.
"Zoning ordinance" means an ordinance of a unit of local
				government regulating the use of land and adopted pursuant to
				chapter
				35.63,
				35A.63,
				36.70, or
				36.70A RCW, or Article XI of the
				state Constitution, or as otherwise designated by chapter 325, Laws of
				2007.
Statutory Authority:
				  Chapter
				  80.50 RCW and
				  RCW 80.50.040. 08-21-092, §
										463-61-020,
				  filed 10/15/08, effective 11/15/08.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-61 - Electrical transmission facilities › Section 463-61-030 - Applicability

Current through Register Vol. 24-14, July 15, 2024
(1) The provisions of this chapter apply to the construction,
				reconstruction, or modification of electrical transmission facilities in each
				of the following circumstances:
(a) The facility is located in a national interest electric
				transmission corridor as specified in
				RCW  80.50.045.
(b) The applicant(s) or preapplicant(s) choose to seek
				certification under
				RCW  80.50.060 and the facility:
(i) Has a nominal voltage of at least one hundred fifteen
				thousand volts; and
(ii) Is proposed to be located in a completely new corridor
				which is located in more than one jurisdiction where at least one such
				jurisdiction has promulgated land use plans or zoning ordinances. The location
				of the terminus of the facility or the location of an interconnection between
				the facility and the existing electrical transmission grid in an existing
				corridor does not disqualify a facility from consideration under this
				subsection.
(c) The applicant(s) or preapplicant(s) choose to seek
				certification under
				RCW  80.50.060 and the facility:
(i) Has a nominal voltage in excess of one hundred fifteen
				thousand volts; and
(ii) Is proposed to be located outside an existing or
				designated electrical transmission corridor identified in (a) or (b) of this
				subsection.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-61 - Electrical transmission facilities › Section 463-61-040 - Initial consultation

Current through Register Vol. 24-14, July 15, 2024
Prior to filing a preapplication request under WAC
				463-61-050, the preapplicant
				shall meet and consult with the EFSEC staff concerning the proposed project.
				Topics for discussion shall include but not be limited to:
(1) The nature of the project, the contents of the
				preapplication request and the status of the preapplicant's progress toward
				obtaining information and data regarding the project.
(2) A discussion of whether a third-party contractor is likely
				to be needed to prepare an environmental documentation for the project.
(3) Development of a preapplication plan to be filed with a
				preapplication request.
(4) The coordination of the public informational
				meeting.
Statutory Authority:
				  Chapter
				  80.50 RCW and
				  RCW 80.50.040. 08-21-092, §
										463-61-040,
				  filed 10/15/08, effective 11/15/08.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-61 - Electrical transmission facilities › Section 463-61-050 - Preapplication process

Current through Register Vol. 24-14, July 15, 2024
The preapplication request shall be filed with EFSEC at the
				EFSEC's office and contain the following information:
(1) The name and mailing address of the preapplicant, including
				a contact name, address, telephone number, and e-mail address of the contact
				person.
(2) A description of the proposed transmission route and
				corridor, including location maps and plot plans to scale, showing all major
				components, including a description of zoning and site availability for any
				permanent facility, and including whether and to what extent the proposed
				project is located within a national interest electric transmission
				corridor.
(3) A description of the proposed right of way width for the
				transmission line, including the extent a new right of way will be required or
				an existing right of way will be widened.
(4) A description of the proposed transmission line structures
				and their dimensions.
(5) A description of the schedule desired for the project,
				including the expected application filing date, the expected beginning date for
				construction, and the expected project operational date.
(6) A list of the federal, state, tribal and local government
				entities, including mailing addresses, contact names, telephone numbers and
				e-mail addresses that have possible permitting responsibilities for the project
				(if the project proponents were not to choose the EFSEC review) or ownership of
				land on which the project will be located. The list shall also identify
				governmental entities that have requested the preapplicant to notify them of
				any application or preapplication for site certification.
(7) Information or data that may be available at a later
				date.
(8) A summary and timeline of any initial consultation to
				explain the proposal and/or request input from the EFSEC staff, federal, state
				and local agencies, tribal governments, property owners, and interested
				persons.
(9) A public participation plan that:
(a) Identifies specific tools and actions to facilitate
				stakeholder communications and public information, including an up-to-date
				project web site and a readily accessible, single point of contact within the
				company;
(b) Lists all central locations in each local government
				throughout the project area where the preapplicant shall provide copies of all
				their filings related to the proposed project; and
(c) Includes a description and schedule explaining how the
				preapplicant intends to respond to requests for information from the public as
				well as federal, state, local, and tribal agencies or any other legal entities
				that could have permitting requirements if the project proponents were not to
				choose the EFSEC review.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-61 - Electrical transmission facilities › Section 463-61-060 - Commencement of preapplication process and public informational meeting

Current through Register Vol. 24-14, July 15, 2024
(1) Within three days of filing a preapplication request with
				EFSEC the preapplicant shall send notice to:
(a) All the towns, cities, and counties in which the proposed
				electric transmission line route is located;
(b) Persons or governmental agencies owning land that may be
				acquired for the project or in which an easement may be sought;
(c) Land owners within three hundred feet of the proposed
				corridor; and
(d) Tribal, federal and state permitting entities if the
				project proponents were not to choose the EFSEC review.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-61 - Electrical transmission facilities › Section 463-61-070 - Corridors and transmission facilities considerations

Current through Register Vol. 24-14, July 15, 2024
(1) EFSEC shall consider and may recommend certification of
				electrical transmission facilities in corridors designated for this purpose by
				affected cities, towns, or counties where:
(a) 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) The proposed electrical transmission facility is consistent
				with any adopted development regulations that govern the siting of electrical
				transmission facilities in such corridors.
(c) 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.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-61 - Electrical transmission facilities › Section 463-61-080 - Negotiations between preapplicants, cities, towns and counties

Current through Register Vol. 24-14, July 15, 2024
(1) As required by
				RCW  80.50.330(2) if no corridor
				has been designated by a local government the preapplicant and affected cities,
				towns, and/or counties shall negotiate to designate a corridor for the
				electrical transmission facility.
(2) If after sixty days of negotiations between the
				preapplicant and affected cities, towns, and/or counties, no corridor has been
				agreed upon, the preapplicant together with an affected city, town, or county
				may request EFSEC extend the time of negotiations by a period of time that the
				preapplicant and city, town, and/or county have agreed upon. If such a joint
				request is not made, the negotiations shall be deemed failed.
Statutory Authority:
				  Chapter
				  80.50 RCW and
				  RCW 80.50.040. 08-21-092, §
										463-61-080,
				  filed 10/15/08, effective 11/15/08.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-61 - Electrical transmission facilities › Section 463-61-090 - Preapplication costs

Current through Register Vol. 24-14, July 15, 2024
(1) A preapplicant shall deposit with the state treasurer ten
				thousand dollars to be applied to the cost of the preapplication process as a
				condition for proceeding by EFSEC.
(2) EFSEC shall manage the preapplication costs using the
				structure outlined in
				RCW  80.50.071 as follows:
(a) The preapplicant shall pay all reasonable and necessary
				costs incurred by EFSEC and its members;
(b) EFSEC shall charge against deposits made by the
				preapplicant;
(c) EFSEC shall provide the preapplicant with estimates of
				expected costs;
(d) Any EFSEC costs in excess of the initial ten thousand
				dollars shall be agreed to by the preapplicant and deposited prior to EFSEC
				expenditure; and
(e) Any unexpended portions of funds deposited for the
				preapplication process shall be returned to the preapplicant or, if requested
				by the preapplicant, applied to the cost of EFSEC's review of an application
				for site certification.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-61 - Electrical transmission facilities › Section 463-61-100 - Applications for site certification

Current through Register Vol. 24-14, July 15, 2024
(1) An application for site certification may be submitted when
				the preapplication process is completed. The preapplication process shall be
				complete when:
(a) EFSEC has held one or more public meetings under WAC
				463-61-060(3);
				and
(b) Negotiations between affected cities, towns, and/or
				counties have been conducted and a corridor has been agreed on; or
(c) Negotiations under WAC
				463-61-080 have been conducted
				but the preapplicant, cities, towns, and/or counties have not agreed on a
				corridor and EFSEC has determined that negotiations have failed.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-61 - Electrical transmission facilities › Section 463-61-110 - EFSEC review

Current through Register Vol. 24-14, July 15, 2024
(1) EFSEC shall review the application for site certification
				of the proposed corridor and electrical transmission facilities consistent with
				the provisions of
				chapter
				80.50 RCW.
(2) EFSEC shall consider the applicant's application for site
				certification and proposed corridor and electrical transmission facilities and
				shall make a recommendation consistent with
				RCW  80.50.100 and
				80.50.110.
Statutory Authority:
				  Chapter
				  80.50 RCW and
				  RCW 80.50.040. 08-21-092, §
										463-61-110,
				  filed 10/15/08, effective 11/15/08.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-62 - Construction and operation standards for energy facilities › Section 463-62-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
(1) The purpose of this chapter is to implement the policy and
				intent of RCW  80.50.010. This chapter sets
				forth performance standards and mitigation requirements specific to seismicity,
				noise limits, fish and wildlife, wetlands, water quality, and air quality,
				associated with site certification for construction and operation of energy
				facilities under the jurisdiction of the council. The council shall apply these
				rules to site certification agreements issued in connection with applications
				filed after the effective date of this chapter. Except for the provisions in
				chapter 463-66 WAC, these regulations shall not apply to energy facilities for
				which site certification agreements have been issued before the effective date
				of this chapter.
(2) The provisions of this chapter shall apply to the
				construction and operation of energy facilities, pursuant to
				chapter
				80.50 RCW.
(3) Compliance with the standards within this chapter shall
				satisfy, in their respective subject areas, the requirements for issuance of a
				site certificate for construction and operation of energy facilities specified
				in subsection (2) of this section provided, however, that the council may
				require additional mitigation in the event that documents prepared pursuant to
				43.21 RCW (State Environmental Policy Act), demonstrate that the project poses
				a probable significant adverse impact that is not mitigated by the provisions
				of this chapter.
Statutory Authority:
				  Chapter
				  80.50 RCW and
				  RCW 80.50.040. 09-05-067, §
										463-62-010,
				  filed 2/13/09, effective 3/16/09. Statutory Authority:
				  RCW  80.50.040(1) and (12).
				  04-21-013, §
										463-62-010, filed 10/11/04, effective
				  11/11/04.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-62 - Construction and operation standards for energy facilities › Section 463-62-020 - Seismicity

Current through Register Vol. 24-14, July 15, 2024
The seismicity standard for construction of energy facilities
				shall be the standards contained in the state building code.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-62-020, filed 10/11/04, effective
				  11/11/04.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-62 - Construction and operation standards for energy facilities › Section 463-62-030 - Noise standards

Current through Register Vol. 24-14, July 15, 2024
Energy facilities shall meet the noise standards established in
				chapter 70.107 RCW, the Noise Control Act of 1974; and state rules adopted to
				implement those requirements in chapter 173-60 WAC, Maximum environmental noise
				levels.
(1) Adoption by reference. The energy facility site evaluation
				council adopts the following provisions of chapter 173-60 WAC by
				reference.
(a) WAC
				173-60-010 Authority and
				purpose.
(b) WAC
				173-60-020 Definitions.
(c) WAC
				173-60-030 Identification of
				environments.
(d) WAC
				173-60-040 Maximum permissible
				environmental noise levels.
(e) WAC
				173-60-050 Exemptions.
(f) WAC
				173-60-080 Variances and
				implementation schedules.
(g) WAC
				173-60-090 Enforcement
				policy.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-62 - Construction and operation standards for energy facilities › Section 463-62-040 - Fish and wildlife

Current through Register Vol. 24-14, July 15, 2024
The council's intent is to achieve no net loss of habitat
				functions and values by maintaining the functions and values of fish and
				wildlife habitat in the areas impacted by energy development.
(1) The council encourages applicants to select sites that
				avoid impacts to any species on federal or state lists of endangered or
				threatened species or to priority species and habitats.
(2) Standards.
(a) An applicant must demonstrate no net loss of fish and
				wildlife habitat function and value.
(b) Restoration and enhancement are preferred over creation of
				habitats due to the difficulty in successfully creating habitat.
(c) Mitigation credits and debits shall be based on a
				scientifically valid measure of habitat function, value, and area.
(d) The ratios of replacement habitat to impacted habitat shall
				be greater than 1:1 to compensate for temporal losses, uncertainty of
				performance, and differences in functions and values.
(e) Wetlands shall be replaced at ratios following the wetland
				standard established by the council in WAC
				463-62-050.
(f) Fish and wildlife surveys shall be conducted during all
				seasons of the year to determine breeding, summer, winter, migratory usage, and
				habitat condition of the site.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-62 - Construction and operation standards for energy facilities › Section 463-62-050 - Impact and mitigation standards for wetlands

Current through Register Vol. 24-14, July 15, 2024
(1) The council's intent is to achieve no net loss of wetland
				areas. Wetland impacts shall be avoided wherever possible. Where impacts cannot
				be avoided, the applicant shall be required to take one or more of the
				following actions (in the following order of preference): Restore wetlands on
				upland sites that were formerly wetlands; create wetlands on disturbed upland
				sites; enhance significantly degraded wetlands; and preserve high-quality
				wetlands that are under imminent threat.
(2) Wetland mitigation actions proposed to compensate for
				project impacts shall not result in a net loss of wetland area except when the
				lost wetland area provides minimal functions and the mitigation action(s) will
				clearly result in a significant net gain in wetland functions as determined by
				a site-specific function assessment.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-62-050, filed 10/11/04, effective
				  11/11/04.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-62 - Construction and operation standards for energy facilities › Section 463-62-060 - Water quality

Current through Register Vol. 24-14, July 15, 2024
Waste water discharges from projects under the council's
				jurisdiction shall meet the requirements of applicable state water quality
				standards, chapter 173-201A WAC, state groundwater quality standards, chapter
				173-200 WAC, state sediment management standards, chapter 173-204A WAC,
				requirements of the Federal Water Pollution Control Act as amended (86 Stat
				816, 33 U.S.C. 1251, et seq.) and regulations promulgated
				thereunder.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-62-060, filed 10/11/04, effective
				  11/11/04.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-62 - Construction and operation standards for energy facilities › Section 463-62-070 - Air quality

Current through Register Vol. 24-14, July 15, 2024
Air emissions from energy facilities shall meet the
				requirements of applicable state air quality laws and regulations promulgated
				pursuant to the Washington State Clean Air Act,
				chapter
				70.94 RCW, and the Federal
				Clean Air Act  (42 U.S.C. 7401  et seq.), and chapter 463-78 WAC.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-62-070, filed 10/11/04, effective
				  11/11/04.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-64 - Issuance of a site certification agreement › Section 463-64-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
This chapter sets forth rules relating to reporting
				recommendations to the governor as to approval or rejection of an application
				for site certification and the governor's actions regarding approval or
				rejection of certification or directing reconsideration of certain aspects of
				certification.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-64-010, filed 10/11/04, effective
				  11/11/04.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-64 - Issuance of a site certification agreement › Section 463-64-020 - Recommendations to governor - Approval or rejection of certification

Current through Register Vol. 24-14, July 15, 2024
The council shall report to the governor its recommendations as
				to the approval or rejection of an application for certification within twelve
				months of receipt by the council of such an application, or such later time as
				is mutually agreed by the council and the applicant. If the council recommends
				approval of an application for certification, it shall also submit a draft
				certification agreement with the report. The draft site certification agreement
				shall include, but shall not be limited to, conditions to protect state or
				local governmental or community interests affected by the construction or
				operation of the energy facility, and conditions designed to recognize the
				purpose of the laws or ordinances, or rules or regulations promulgated
				thereunder, that are preempted or superseded pursuant to
				RCW  80.50.110 as now or hereafter
				amended.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-64-020, filed 10/11/04, effective
				  11/11/04.
Washington Administrative Code › Title 463 - Energy Facility Site Evaluation Council › Chapter 463-64 - Issuance of a site certification agreement › Section 463-64-030 - Governor's action - Approval or rejection of certification, or reconsideration

Current through Register Vol. 24-14, July 15, 2024
Pursuant to
				RCW  80.50.100, within sixty days of receipt of
				the council's report, the governor will take one of the following
				actions:
(1) Approve the application and execute the draft certification
				agreement; the certification agreement shall be binding upon execution by the
				governor and the applicant;
(2) Reject the application; or
(3) Direct the council to reconsider certain aspects of the
				draft certification agreement.
Statutory Authority:
				  RCW 80.50.040(1) and (12).
				  04-21-013, §
										463-64-030, filed 10/11/04, effective
				  11/11/04.