EFSEC governor approval

AN ACT Relating to increasing efficiency at the energy facility 1
site evaluation council by removing the governor from the project 2
approval process; amending RCW 80.50.040, 80.50.045, 80.50.060, 3
80.50.071, 80.50.090, 80.50.100, 80.50.105, 80.50.130, 80.50.330, 4
70A.15.3130, 80.70.020, 80.80.040, 90.48.262, and 90.58.140; creating 5
a new section; and repealing RCW 80.50.320. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:7
NEW SECTION. Sec. 1. The legislature finds that the energy 8
facility site evaluation process culminates in a recommendation to 9
the governor as the final step in the process. The legislature 10
determines that the site evaluation process would be improved if the 11
council were authorized to make the final decision without the 12
necessity of making a recommendation to the governor. The council is 13
the primary decision maker in the site evaluation process, having 14
reviewed and considered all evidence, reports, comments, and 15
submissions by the parties and participants in an adjudicative 16
proceeding. With respect to the office of the governor, the 17
governor's role in the process, apart from appointing the chair of 18
the council, is not a critical piece of the overall project review, 19
and the efficiency and speediness of the site evaluation process 20
S-0004.2
SENATE BILL 5015
State of Washington 69th Legislature 2025 Regular Session
By Senators Boehnke, Chapman, Christian, Dozier, Fortunato, Harris,
Short, Wagoner, and J. Wilson
Prefiled 12/05/24. Read first time 01/13/25. Referred to Committee
on Environment, Energy & Technology.
p. 1 SB 5015
would be streamlined by making the council the final decision maker 1
on the projects it reviews. 2
Sec. 2. RCW 80.50.040 and 2022 c 183 s 5 are each amended to 3
read as follows: 4
The council shall have the following powers: 5
(1) To adopt, promulgate, amend, or rescind suitable rules and 6
regulations, pursuant to chapter 34.05 RCW, to carry out the 7
provisions of this chapter, and the policies and practices of the 8
council in connection therewith; 9
(2) To develop and apply environmental and ecological guidelines 10
in relation to the type, design, location, construction, initial 11
operational conditions of certification, and ongoing regulatory 12
oversight under the regulatory authority established in this chapter 13
of energy facilities subject to this chapter; 14
(3) To establish rules of practice for the conduct of public 15
hearings pursuant to the provisions of the Administrative Procedure 16
Act, as found in chapter 34.05 RCW; 17
(4) To prescribe the form, content, and necessary supporting 18
documentation for site certification; 19
(5) To receive applications for energy facility locations and to 20
investigate the sufficiency thereof; 21
(6) To enter into contracts to carry out the provisions of this 22
chapter; 23
(7) To conduct hearings on the proposed location and operational 24
conditions of the energy facilities under the regulatory authority 25
established in this chapter; 26
(8) To prepare written reports ((to the governor )) which shall 27
include: (a) A statement indicating whether the application is in 28
compliance with the council's guidelines, (b) criteria specific to 29
the site and transmission line routing, (c) a council 30
((recommendation)) decision as to the disposition of the application, 31
and (d) a ((draft)) certification agreement when the council 32
((recommends approval of)) approves the application;33
(9) To prescribe the means for monitoring of the effects arising 34
from the construction and the operation of energy facilities to 35
assure continued compliance with terms of certification and/or 36
permits issued by the council pursuant to chapter 90.48 RCW or 37
subsection (12) of this section: PROVIDED, That any on-site 38
inspection required by the council shall be performed by other state 39
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agencies pursuant to interagency agreement: PROVIDED FURTHER, That 1
the council may retain authority for determining compliance relative 2
to monitoring; 3
(10) To integrate its site evaluation activity with activities of 4
federal agencies having jurisdiction in such matters to avoid 5
unnecessary duplication; 6
(11) To present state concerns and interests to other states, 7
regional organizations, and the federal government on the location, 8
construction, and operation of any energy facility which may affect 9
the environment, health, or safety of the citizens of the state of 10
Washington; 11
(12) To issue permits in compliance with applicable provisions of 12
the federally approved state implementation plan adopted in 13
accordance with the Federal Clean Air Act, as now existing or 14
hereafter amended, for the new construction, reconstruction, or 15
enlargement or operation of energy facilities: PROVIDED, That such 16
permits shall become effective only if the ((governor)) council 17
approves an application for certification and executes a 18
certification agreement pursuant to this chapter: AND PROVIDED 19
FURTHER, That all such permits be conditioned upon compliance with 20
all provisions of the federally approved state implementation plan 21
which apply to energy facilities covered within the provisions of 22
this chapter; and 23
(13) To serve as an interagency coordinating body for energy-24
related issues. 25
Sec. 3. RCW 80.50.045 and 2023 c 229 s 5 are each amended to 26
read as follows: 27
(1) The council shall consult with other state agencies, 28
utilities, local municipal governments, public interest groups, 29
tribes, and other interested persons to convey their views to the 30
secretary and the federal energy regulatory commission regarding 31
appropriate limits on federal regulatory authority in the siting of 32
electrical transmission corridors in the state of Washington.33
(2) The council is designated as the state authority for purposes 34
of siting transmission facilities under Title 16 U.S.C. Sec. 824p and 35
for purposes of other such rules or regulations adopted by the 36
secretary. The council's authority regarding transmission facilities 37
under this subsection is limited to those transmission facilities 38
that are the subject of Title 16 U.S.C. Sec. 824p and this chapter.39
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(3) For the construction and modification of transmission 1
facilities that are the subject of Title 16 U.S.C. Sec. 824p, the 2
council may: (a) Approve the siting of the facilities; and (b) 3
consider the interstate benefits expected to be achieved by the 4
proposed construction or modification of the facilities in the state.5
(4) When ((developing recommendations as to the disposition of )) 6
reviewing an application for the construction or modification of 7
transmission facilities under this chapter, the fuel source of the 8
electricity carried by the transmission facilities shall not be 9
considered. 10
(5) For electrical transmission projects proposed or sited by a 11
federal agency, the director must coordinate state agency 12
participation in environmental review under the national 13
environmental policy act. 14
Sec. 4. RCW 80.50.060 and 2023 c 229 s 4 are each amended to 15
read as follows: 16
(1)(a) The provisions of this chapter apply to the construction 17
of energy facilities which includes the new construction of energy 18
facilities and the reconstruction or enlargement of existing energy 19
facilities where the net increase in physical capacity or dimensions 20
resulting from such reconstruction or enlargement meets or exceeds 21
those capacities or dimensions set forth in RCW 80.50.020 (14) and 22
(29). No construction or reconstruction of such energy facilities may 23
be undertaken, except as otherwise provided in this chapter, without 24
first obtaining certification in the manner provided in this chapter.25
(b) If applicants proposing the following types of facilities 26
choose to receive certification under this chapter, the provisions of 27
this chapter apply to the construction, reconstruction, or 28
enlargement of these new or existing facilities: 29
(i) Facilities that produce refined biofuel, but which are not 30
capable of producing 25,000 barrels or more per day;31
(ii) Alternative energy resource facilities; 32
(iii) Electrical transmission facilities: (A) Of a nominal 33
voltage of at least 115,000 volts; and (B) located in more than one 34
jurisdiction that has promulgated land use plans or zoning 35
ordinances; 36
(iv) Clean energy product manufacturing facilities; and37
(v) Storage facilities. 38
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(c) All of the council's powers with regard to energy facilities 1
apply to all of the facilities in (b) of this subsection and these 2
facilities are subject to all provisions of this chapter that apply 3
to an energy facility. 4
(2)(a) The provisions of this chapter must apply to:5
(i) The construction, reconstruction, or enlargement of new or 6
existing electrical transmission facilities: (A) Of a nominal voltage 7
of at least 500,000 volts alternating current or at least 300,000 8
volts direct current; (B) located in more than one county; and (C) 9
located in the Washington service area of more than one retail 10
electric utility; and 11
(ii) The construction, reconstruction, or modification of 12
electrical transmission facilities when the facilities are located in 13
a national interest electric transmission corridor as specified in 14
RCW 80.50.045. 15
(b) For the purposes of this subsection, "modification" means a 16
significant change to an electrical transmission facility and does 17
not include the following: (i) Minor improvements such as the 18
replacement of existing transmission line facilities or supporting 19
structures with equivalent facilities or structures; (ii) the 20
relocation of existing electrical transmission line facilities; (iii) 21
the conversion of existing overhead lines to underground; or (iv) the 22
placing of new or additional conductors, supporting structures, 23
insulators, or their accessories on or replacement of supporting 24
structures already built. 25
(3) The provisions of this chapter shall not apply to normal 26
maintenance and repairs which do not increase the capacity or 27
dimensions beyond those set forth in RCW 80.50.020 (14) and (29).28
(4) Applications for certification of energy facilities made 29
prior to July 15, 1977, shall continue to be governed by the 30
applicable provisions of law in effect on the day immediately 31
preceding July 15, 1977, with the exceptions of RCW 80.50.071 which 32
shall apply to such prior applications and to site certifications 33
prospectively from July 15, 1977. 34
(5) Applications for certification shall be upon forms prescribed 35
by the council and shall be supported by such information and 36
technical studies as the council may require. 37
(6) Upon receipt of an application for certification under this 38
chapter, the chair of the council shall notify: 39
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(a) The appropriate county legislative authority or authorities 1
where the proposed facility is located; 2
(b) The appropriate city legislative authority or authorities 3
where the proposed facility is located; 4
(c) The department of archaeology and historic preservation; and5
(d) The appropriate federally recognized tribal governments that 6
may be affected by the proposed facility. 7
(7) The council must work with local governments where a project 8
is proposed to be sited in order to provide for meaningful 9
participation and input during siting review and compliance 10
monitoring. 11
(8) The council must consult with all federally recognized tribes 12
that possess resources, rights, or interests reserved or protected by 13
federal treaty, statute, or executive order in the area where an 14
energy facility is proposed to be located to provide early and 15
meaningful participation and input during siting review and 16
compliance monitoring. The chair and designated staff must offer to 17
conduct government-to-government consultation to address issues of 18
concern raised by such a tribe. The goal of the consultation process 19
is to identify tribal resources or rights potentially affected by the 20
proposed energy facility and to seek ways to avoid, minimize, or 21
mitigate any adverse effects on tribal resources or rights. The chair 22
must provide regular updates on the consultation to the council 23
throughout the application review process. The report from the 24
council ((to the governor )) required in RCW 80.50.100 must include a 25
summary of the government-to-government consultation process that 26
complies with RCW 42.56.300, including the issues and proposed 27
resolutions. 28
(9) The department of archaeology and historic preservation shall 29
coordinate with the affected federally recognized tribes and the 30
applicant in order to assess potential effects to tribal cultural 31
resources, archaeological sites, and sacred sites.32
Sec. 5. RCW 80.50.071 and 2022 c 183 s 8 are each amended to 33
read as follows: 34
(1) The council shall receive all applications for energy 35
facility site certification. Each applicant shall pay actual costs 36
incurred by the council in processing an application.37
(a) Each applicant shall, at the time of application submission, 38
pay to the council for deposit into the energy facility site 39
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evaluation council account created in RCW 80.50.390 an amount up to 1
fifty thousand dollars, or such greater amount as specified by the 2
council after consultation with the applicant. The council shall 3
charge costs against the deposit if the applicant withdraws its 4
application and has not reimbursed the council for all actual 5
expenditures incurred in considering the application.6
(b) The council may commission its own independent consultant 7
study to measure the consequences of the proposed energy facility on 8
the environment or any matter that it deems essential to an adequate 9
appraisal of the site. The council shall provide an estimate of the 10
cost of the study to the applicant and consider applicant comments.11
(c) In addition to the deposit required under (a) of this 12
subsection, applicants must reimburse the council for actual 13
expenditures that arise in considering the application, including the 14
cost of any independent consultant study. The council shall submit to 15
each applicant an invoice of actual expenditures made during the 16
preceding calendar quarter in sufficient detail to explain the 17
expenditures. The applicant shall pay the council the amount of the 18
invoice by the due date. 19
(2) Each certificate holder shall pay the actual costs incurred 20
by the council for inspection and determination of compliance by the 21
certificate holder with the terms of the certification relative to 22
monitoring the effects of construction, operation, and site 23
restoration of the facility. 24
(a) Each certificate holder shall, within ((thirty)) 30 days of 25
execution of the site certification agreement, pay to the council for 26
deposit into the energy facility site evaluation council account 27
created in RCW 80.50.390 an amount up to ((fifty thousand dollars )) 28
$50,000, or such greater amount as specified by the council after 29
consultation with the certificate holder. The council shall charge 30
costs against the deposit if the certificate holder ceases operations 31
and has not reimbursed the council for all actual expenditures 32
incurred in conducting inspections and determining compliance with 33
the terms of the certification. 34
(b) In addition to the deposit required under (a) of this 35
subsection, certificate holders must reimburse the council for actual 36
expenditures that arise in administering this chapter and determining 37
compliance. The council shall submit to each certificate holder an 38
invoice of the expenditures actually made during the preceding 39
calendar quarter in sufficient detail to explain the expenditures. 40
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The certificate holder shall pay the amount of the invoice by the due 1
date. 2
(3) If an applicant or certificate holder fails to provide the 3
initial deposit, or if subsequently required payments are not 4
received within ((thirty)) 30 days following receipt of the invoice 5
from the council, the council may (a) in the case of the applicant, 6
suspend processing of the application until payment is received; or 7
(b) in the case of a certificate holder, suspend the certification.8
(4) All payments required of the applicant or certificate holder 9
under this section are to be made to the council for deposit into the 10
energy facility site evaluation council account created in RCW 11
80.50.390. All such funds shall be subject to state auditing 12
procedures. Any unexpended portions of the deposit shall be returned 13
to the applicant within ((sixty)) 60 days following the conclusion of 14
the application process or to the certificate holder within ((sixty)) 15
60 days after a determination by the council that the certificate is 16
no longer required and there is no continuing need for compliance 17
with its terms. For purposes of this section, "conclusion of the 18
application process" means after the ((governor's)) council's 19
decision granting or denying a certificate and the expiration of any 20
opportunities for judicial review. 21
(5)(a) Upon receipt of an application for an energy facility site 22
certification proposing an energy plant or alternative energy 23
resource that is connected to electrical transmission facilities of a 24
nominal voltage of at least ((one hundred fifteen thousand )) 115,000 25
volts, the council shall notify in writing the United States 26
department of defense. The notification shall include, but not be 27
limited to, the following: 28
(i) A description of the proposed energy plant or alternative 29
energy resource; 30
(ii) The location of the site; 31
(iii) The placement of the energy plant or alternative energy 32
resource on the site; 33
(iv) The date and time by which comments must be received by the 34
council; and 35
(v) Contact information of the council and the applicant.36
(b) The purpose of the written notification is to provide an 37
opportunity for the United States department of defense to comment 38
upon the application, and to identify potential issues relating to 39
the placement and operations of the energy plant or alternative 40
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energy resource, before a site certification application is approved. 1
The time period set forth by the council for receipt of such comments 2
shall not extend the time period for the council's processing of the 3
application. 4
(c) In order to assist local governments required to notify the 5
United States department of defense under RCW 35.63.270, 35A.63.290, 6
and 36.01.320, the council shall post on its website the appropriate 7
information for contacting the United States department of defense.8
Sec. 6. RCW 80.50.090 and 2022 c 183 s 9 are each amended to 9
read as follows: 10
(1) The council shall conduct an informational public hearing in 11
the county of the proposed site as soon as practicable but not later 12
than ((sixty)) 60 days after receipt of an application for site 13
certification. However, the place of such public hearing shall be as 14
close as practical to the proposed site. 15
(2) Subsequent to the informational public hearing, the council 16
shall conduct a public hearing to determine whether or not the 17
proposed site is consistent and in compliance with city, county, or 18
regional land use plans or zoning ordinances on the date of the 19
application. 20
(3)(a) After the submission of an environmental checklist and 21
prior to issuing a threshold determination that a facility is likely 22
to cause a significant adverse environmental impact under chapter 23
43.21C RCW, the director must notify the project applicant and 24
explain in writing the basis for its anticipated determination of 25
significance. Prior to issuing the threshold determination of 26
significance, the director must give the project applicant the option 27
of withdrawing and revising its application and the associated 28
environmental checklist to clarify or make changes to features of the 29
proposal that are designed to mitigate the impacts that were the 30
basis of the director's anticipated determination of significance. 31
The director shall make the threshold determination based upon the 32
changed or clarified proposal following the applicant's submittal. 33
The director must provide an opportunity for public comment on a 34
project for which a project applicant has withdrawn and revised the 35
application and environmental checklist and subsequently received a 36
threshold determination of nonsignificance or mitigated determination 37
of nonsignificance. 38
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(b) The notification required under (a) of this subsection is not 1
an official determination by the director and is not subject to 2
appeal under chapter 43.21C RCW. 3
(4) Prior to the issuance of a council ((recommendation to the 4
governor)) decision under RCW 80.50.100 a public hearing, conducted 5
as an adjudicative proceeding under chapter 34.05 RCW, the 6
administrative procedure act, shall be held. 7
(a) At such public hearing any person shall be entitled to be 8
heard in support of or in opposition to the application for 9
certification by raising one or more specific issues, provided that 10
the person has raised the issue or issues in writing with specificity 11
during the application review process or during the public comment 12
period that will be held prior to the start of the adjudicative 13
hearing. 14
(b) If the environmental impact of the proposed facility in an 15
application for certification is not significant or will be mitigated 16
to a nonsignificant level under RCW 43.21C.031, the council may limit 17
the topic of the public hearing conducted as an adjudicative 18
proceeding under this section to whether any land use plans or zoning 19
ordinances with which the proposed site is determined to be 20
inconsistent under subsection (2) of this section should be 21
preempted. 22
(5) After expedited processing is granted under RCW 80.50.075, 23
the council must hold a public meeting to take comments on the 24
proposed application prior to issuing a council ((recommendation to 25
the governor)) decision on the application. 26
(6) Additional public hearings shall be held as deemed 27
appropriate by the council in the exercise of its functions under 28
this chapter. 29
Sec. 7. RCW 80.50.100 and 2022 c 183 s 10 are each amended to 30
read as follows: 31
(1)(a) The council shall ((report to the governor )) make its 32
((recommendations)) decision as to the approval or rejection of an 33
application for certification within ((twelve)) 12 months of receipt 34
by the council of an application deemed complete by the director, or 35
such later time as is mutually agreed by the council and the 36
applicant. 37
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(b) The council shall review and consider comments received 1
during the application process in making its ((recommendation)) 2
decision. 3
(c) In the case of an application filed prior to December 31, 4
2025, for certification of an energy facility proposed for 5
construction, modification, or expansion for the purpose of providing 6
generating facilities that meet the requirements of RCW 80.80.040 and 7
are located in a county with a coal-fired electric generation 8
facility subject to RCW 80.80.040(3)(c), the council shall expedite 9
the processing of the application pursuant to RCW 80.50.075 and shall 10
((report its recommendations to the governor within one hundred 11
eighty)) make its decision within 180 days of receipt by the council 12
of such an application, or a later time as is mutually agreed by the 13
council and the applicant. 14
(2) If the council ((recommends approval of )) approves an 15
application for certification, it shall also submit a ((draft)) 16
certification agreement with the ((report)) approval to the 17
applicant. The council shall include conditions in the ((draft)) 18
certification agreement to implement the provisions of this chapter 19
including, but not limited to, conditions to protect state, local 20
governmental, or community interests, or overburdened communities as 21
defined in RCW 70A.02.010 affected by the construction or operation 22
of the facility, and conditions designed to recognize the purpose of 23
laws or ordinances, or rules or regulations promulgated thereunder, 24
that are preempted or superseded pursuant to RCW 80.50.110 as now or 25
hereafter amended. 26
(3)(((a) Within 60 days of receipt of the council's report the 27
governor shall take one of the following actions:28
(i) Approve the application and execute the draft certification 29
agreement; or30
(ii) Reject the application; or31
(iii) Direct the council to reconsider certain aspects of the 32
draft certification agreement.33
(b) The council shall reconsider such aspects of the draft 34
certification agreement by reviewing the existing record of the 35
application or, as necessary, by reopening the adjudicative 36
proceeding for the purposes of receiving additional evidence. Such 37
reconsideration shall be conducted expeditiously. The council shall 38
resubmit the draft certification to the governor incorporating any 39
amendments deemed necessary upon reconsideration. Within 60 days of 40
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receipt of such draft certification agreement, the governor shall 1
either approve the application and execute the certification 2
agreement or reject the application. )) The certification agreement 3
shall be binding upon execution by the ((governor)) council and the 4
applicant. 5
(((4) The rejection of an application for certification by the 6
governor shall be final as to that application but shall not preclude 7
submission of a subsequent application for the same site on the basis 8
of changed conditions or new information.))9
Sec. 8. RCW 80.50.105 and 1991 c 200 s 1112 are each amended to 10
read as follows: 11
In making its ((recommendations to the governor )) decision under 12
this chapter regarding an application that includes transmission 13
facilities for petroleum products, the council shall give appropriate 14
weight to city or county facility siting standards adopted for the 15
protection of sole source aquifers. 16
Sec. 9. RCW 80.50.130 and 1970 ex.s. c 45 s 13 are each amended 17
to read as follows: 18
Any certification may be revoked or suspended:19
(1) For any material false statement in the application or in the 20
supplemental or additional statements of fact or studies required of 21
the applicant when a true answer would have warranted the council's 22
refusal to ((recommend)) approve certification in the first instance; 23
or 24
(2) For failure to comply with the terms or conditions of the 25
original certification; or 26
(3) For violation of the provisions of this chapter, regulations 27
issued thereunder or order of the council. 28
Sec. 10. RCW 80.50.330 and 2007 c 325 s 3 are each amended to 29
read as follows: 30
(1) For applications to site electrical transmission facilities, 31
the council shall conduct a preapplication process pursuant to rules 32
adopted by the council to govern such process, receive applications 33
as prescribed in RCW 80.50.071, and conduct public meetings pursuant 34
to RCW 80.50.090. 35
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(2) The council shall consider and may ((recommend)) approve 1
certification of electrical transmission facilities in corridors 2
designated for this purpose by affected cities, towns, or counties:3
(a) Where the jurisdictions have identified electrical 4
transmission facility corridors as part of their land use plans and 5
zoning maps based on policies adopted in their plans;6
(b) Where the proposed electrical transmission facility is 7
consistent with any adopted development regulations that govern the 8
siting of electrical transmission facilities in such corridors; and9
(c) Where contiguous jurisdictions and jurisdictions in which 10
related regional electrical transmission facilities are located have 11
either prior to or during the preapplication process undertaken good 12
faith efforts to coordinate the locations of their corridors 13
consistent with RCW 36.70A.100. 14
(3)(a) In the absence of a corridor designation in the manner 15
prescribed in subsection (2) of this section, the council shall as 16
part of the preapplication process require the preapplicant to 17
negotiate, as provided by rule adopted by the council, for a 18
reasonable time with affected cities, towns, and counties to attempt 19
to reach agreement about a corridor plan. The application for 20
certification shall identify only the corridor agreed to by the 21
applicant and cities, towns, and counties within the proposed 22
corridor pursuant to the preapplication process. 23
(b) If no corridor plan is agreed to by the applicant and cities, 24
towns, and counties pursuant to (a) of this subsection, the applicant 25
shall propose a recommended corridor and electrical transmission 26
facilities to be included within the proposed corridor.27
(c) The council shall consider the applicant's proposed corridor 28
and electrical transmission facilities as provided in RCW 80.50.090 29
(2) and (((4))) (6), and shall make a ((recommendation)) decision 30
consistent with RCW 80.50.090 and 80.50.100. 31
Sec. 11. RCW 70A.15.3130 and 2020 c 20 s 1110 are each amended 32
to read as follows: 33
(1) The department of health shall have all the enforcement 34
powers as provided in RCW 70A.15.3010, 70A.15.3140, 70A.15.3150, 35
70A.15.3160 (1) through (7), and 70A.15.3170 with respect to 36
emissions of radionuclides. This section does not preclude the 37
department of ecology from exercising its authority under this 38
chapter. 39
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(2) Permits for energy facilities subject to chapter 80.50 RCW 1
shall be issued by the energy facility site evaluation council. 2
However, the permits become effective only if the ((governor)) energy 3
facility site evaluation council approves an application for 4
certification and executes a certification agreement under chapter 5
80.50 RCW. The council shall have all powers necessary to administer 6
an operating permits program pertaining to such facilities, 7
consistent with applicable air quality standards established by the 8
department or local air pollution control authorities, or both, and 9
to obtain the approval of the United States environmental protection 10
agency. The council's powers include, but are not limited to, all of 11
the enforcement powers provided in RCW 70A.15.3010, 70A.15.3140, 12
70A.15.3150, 70A.15.3160 (1) through (7), and 70A.15.3170 with 13
respect to permit program sources required to obtain certification 14
from the council under chapter 80.50 RCW. To the extent not covered 15
under RCW 80.50.071, the council may collect fees as granted to 16
delegated local air authorities under RCW 70A.15.2210, 70A.15.2260 17
(14) and (15), 70A.15.2270, and 70A.15.2230(7) with respect to permit 18
program sources required to obtain certification from the council 19
under chapter 80.50 RCW. The council and the department shall each 20
establish procedures that provide maximum coordination and avoid 21
duplication between the two agencies in carrying out the requirements 22
of this chapter. 23
Sec. 12. RCW 80.70.020 and 2004 c 224 s 2 are each amended to 24
read as follows: 25
(1) The provisions of this chapter apply to: 26
(a) New fossil-fueled thermal electric generation facilities with 27
station-generating capability of ((three hundred fifty thousand )) 28
350,000 kilowatts or more and fossil-fueled floating thermal electric 29
generation facilities of ((one hundred thousand )) 100,000 kilowatts 30
or more under RCW 80.50.020(14)(((a))) (b), for which an application 31
for site certification is made to the council after July 1, 2004;32
(b) New fossil-fueled thermal electric generation facilities with 33
station-generating capability of more than ((twenty-five thousand )) 34
25,000 kilowatts, but less than ((three hundred fifty thousand )) 35
350,000 kilowatts, except for fossil-fueled floating thermal electric 36
generation facilities under the council's jurisdiction, for which an 37
application for an order of approval has been submitted after July 1, 38
2004; 39
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(c) Fossil-fueled thermal electric generation facilities with 1
station-generating capability of ((three hundred fifty thousand )) 2
350,000 kilowatts or more that have an existing site certification 3
agreement and, after July 1, 2004, apply to the council to increase 4
the output of carbon dioxide emissions by ((fifteen)) 15 percent or 5
more through permanent changes in facility operations or modification 6
or equipment; and 7
(d) Fossil-fueled thermal electric generation facilities with 8
station-generating capability of more than ((twenty-five thousand )) 9
25,000 kilowatts, but less than ((three hundred fifty thousand )) 10
350,000 kilowatts, except for fossil-fueled floating thermal electric 11
generation facilities under the council's jurisdiction, that have an 12
existing order of approval and, after July 1, 2004, apply to the 13
department or authority, as appropriate, to permanently modify the 14
facility so as to increase its station-generating capability by at 15
least ((twenty-five thousand )) 25,000 kilowatts or to increase the 16
output of carbon dioxide emissions by ((fifteen)) 15 percent or more, 17
whichever measure is greater. 18
(2)(a) A ((proposed)) site certification agreement ((submitted to 19
the governor under RCW 80.50.100 and a final site certification 20
agreement issued )) approved under RCW 80.50.100 shall include an 21
approved carbon dioxide mitigation plan. 22
(b) For fossil-fueled thermal electric generation facilities not 23
under jurisdiction of the council, the order of approval shall 24
require an approved carbon dioxide mitigation plan.25
(c) Site certification agreement holders or order of approval 26
holders may request, at any time, a change in conditions of an 27
approved carbon dioxide mitigation plan if the council, department, 28
or authority, as appropriate, finds that the change meets all 29
requirements and conditions for approval of such plans.30
(3) An applicant for a fossil-fueled thermal electric generation 31
facility shall include one or a combination of the following carbon 32
dioxide mitigation options as part of its mitigation plan:33
(a) Payment to a third party to provide mitigation;34
(b) Direct purchase of permanent carbon credits; or35
(c) Investment in applicant-controlled carbon dioxide mitigation 36
projects, including combined heat and power (cogeneration).37
(4) Fossil-fueled thermal electric generation facilities that 38
receive site certification approval or an order of approval shall 39
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provide mitigation for ((twenty)) 20 percent of the total carbon 1
dioxide emissions produced by the facility. 2
(5) If the certificate holder or order of approval holder chooses 3
to pay a third party to provide the mitigation, the mitigation rate 4
shall be ((one dollar and sixty cents )) $1.60 per metric ton of 5
carbon dioxide to be mitigated. For a cogeneration plant, the 6
monetary amount is based on the difference between ((twenty)) 20 7
percent of the total carbon dioxide emissions and the cogeneration 8
credit. 9
(a) Through rule making, the council may adjust the rate per ton 10
biennially as long as any increase or decrease does not exceed 11
((fifty)) 50 percent of the current rate. The department or authority 12
shall use the adjusted rate established by the council pursuant to 13
this subsection for fossil-fueled thermal electric generation 14
facilities subject to the provisions of this chapter.15
(b) In adjusting the mitigation rate the council shall consider, 16
but is not limited to, the current market price of a ton of carbon 17
dioxide. The council's adjusted mitigation rate shall be consistent 18
with RCW 80.50.010(((3))) (4). 19
(6) The applicant may choose to make to the third party a lump 20
sum payment or partial payment over a period of five years.21
(a) Under the lump sum payment option, the payment amount is 22
determined by multiplying the total carbon dioxide emissions by the 23
twenty percent mitigation requirement under subsection (4) of this 24
section and by the per ton mitigation rate established under 25
subsection (5) of this section. 26
(b) No later than ((one hundred twenty)) 120 days after the start 27
of commercial operation, the certificate holder or order of approval 28
holder shall make a one-time payment to the independent qualified 29
organization for the amount determined under subsection (5) of this 30
section. 31
(c) As an alternative to a one-time payment, the certificate 32
holder or order of approval holder may make a partial payment of 33
((twenty)) 20 percent of the amount determined under subsection (5) 34
of this section no later than ((one hundred twenty )) 120 days after 35
commercial operation and a payment in the same amount or as adjusted 36
according to subsection (5)(a) of this section, on the anniversary 37
date of the initial payment in each of the following four years. With 38
the initial payment, the certificate holder or order of approval 39
holder shall provide a letter of credit or other comparable security 40
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acceptable to the council or the department for the remaining 1
((eighty)) 80 percent mitigation payment amount including possible 2
changes to the rate per metric ton from rule making under subsection 3
(5)(a) of this section. 4
Sec. 13. RCW 80.80.040 and 2011 c 180 s 103 are each amended to 5
read as follows: 6
(1) Beginning July 1, 2008, the greenhouse gas emissions 7
performance standard for all baseload electric generation for which 8
electric utilities enter into long-term financial commitments on or 9
after such date is the lower of: 10
(a) One thousand one hundred pounds of greenhouse gases per 11
megawatt-hour; or 12
(b) The average available greenhouse gas emissions output as 13
determined under RCW 80.80.050. 14
(2) This chapter does not apply to long-term financial 15
commitments with the Bonneville power administration.16
(3)(a) Except as provided in (c) of this subsection, all baseload 17
electric generation facilities in operation as of June 30, 2008, are 18
deemed to be in compliance with the greenhouse gas emissions 19
performance standard established under this section until the 20
facilities are the subject of long-term financial commitments.21
(b) All baseload electric generation that commences operation 22
after June 30, 2008, and is located in Washington, must comply with 23
the greenhouse gas emissions performance standard established in 24
subsection (1) of this section. 25
(c)(i) A coal-fired baseload electric generation facility in 26
Washington that emitted more than ((one million )) 1,000,000 tons of 27
greenhouse gases in any calendar year prior to 2008 must comply with 28
the lower of the following greenhouse gas emissions performance 29
standard such that one generating boiler is in compliance by December 30
31, 2020, and any other generating boiler is in compliance by 31
December 31, 2025: 32
(A) One thousand one hundred pounds of greenhouse gases per 33
megawatt-hour; or 34
(B) The average available greenhouse gas emissions output as 35
determined under RCW 80.80.050. 36
(ii) This subsection (3)(c) does not apply to a coal-fired 37
baseload electric ((generating [generation] )) generation facility in 38
the event the department determines as a requirement of state or 39
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federal law or regulation that selective catalytic reduction 1
technology must be installed on any of its boilers.2
(4) All electric generation facilities or power plants powered 3
exclusively by renewable resources, as defined in RCW 19.280.020, are 4
deemed to be in compliance with the greenhouse gas emissions 5
performance standard established under this section.6
(5) All cogeneration facilities in the state that are fueled by 7
natural gas or waste gas or a combination of the two fuels, and that 8
are in operation as of June 30, 2008, are deemed to be in compliance 9
with the greenhouse gas emissions performance standard established 10
under this section until the facilities are the subject of a new 11
ownership interest or are upgraded. 12
(6) In determining the rate of emissions of greenhouse gases for 13
baseload electric generation, the total emissions associated with 14
producing electricity shall be included. 15
(7) In no case shall a long-term financial commitment be 16
determined to be in compliance with the greenhouse gas emissions 17
performance standard if the commitment includes more than ((twelve)) 18
12 percent of electricity from unspecified sources.19
(8) For a long-term financial commitment with multiple power 20
plants, each specified power plant must be treated individually for 21
the purpose of determining the annualized plant capacity factor and 22
net emissions, and each power plant must comply with subsection (1) 23
of this section, except as provided in subsections (3) through (5) of 24
this section. 25
(9) The department shall establish an output-based methodology to 26
ensure that the calculation of emissions of greenhouse gases for a 27
cogeneration facility recognizes the total usable energy output of 28
the process, and includes all greenhouse gases emitted by the 29
facility in the production of both electrical and thermal energy. In 30
developing and implementing the greenhouse gas emissions performance 31
standard, the department shall consider and act in a manner 32
consistent with any rules adopted pursuant to the public utilities 33
regulatory policy act of 1978 (16 U.S.C. Sec. 824a-3), as amended.34
(10) The following greenhouse gas emissions produced by baseload 35
electric generation owned or contracted through a long-term financial 36
commitment shall not be counted as emissions of the power plant in 37
determining compliance with the greenhouse gas emissions performance 38
standard: 39
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(a) Those emissions that are injected permanently in geological 1
formations; 2
(b) Those emissions that are permanently sequestered by other 3
means approved by the department; and 4
(c) Those emissions sequestered or mitigated as approved under 5
subsection (16) of this section. 6
(11) In adopting and implementing the greenhouse gas emissions 7
performance standard, the department of commerce energy policy 8
division, in consultation with the commission, the department, the 9
Bonneville power administration, the western electricity coordinating 10
council, the energy facility site evaluation council, electric 11
utilities, public interest representatives, and consumer 12
representatives, shall consider the effects of the greenhouse gas 13
emissions performance standard on system reliability and overall 14
costs to electricity customers. 15
(12) In developing and implementing the greenhouse gas emissions 16
performance standard, the department shall, with assistance of the 17
commission, the department of commerce energy policy division, and 18
electric utilities, and to the extent practicable, address long-term 19
purchases of electricity from unspecified sources in a manner 20
consistent with this chapter. 21
(13) The directors of the energy facility site evaluation council 22
and the department shall each adopt rules under chapter 34.05 RCW in 23
coordination with each other to implement and enforce the greenhouse 24
gas emissions performance standard. The rules necessary to implement 25
this section shall be adopted by June 30, 2008. 26
(14) In adopting the rules for implementing this section, the 27
energy facility site evaluation council and the department shall 28
include criteria to be applied in evaluating the carbon sequestration 29
plan, for baseload electric generation that will rely on subsection 30
(10) of this section to demonstrate compliance, but that will 31
commence sequestration after the date that electricity is first 32
produced. The rules shall include but not be limited to:33
(a) Provisions for financial assurances, as a condition of plant 34
operation, sufficient to ensure successful implementation of the 35
carbon sequestration plan, including construction and operation of 36
necessary equipment, and any other significant costs;37
(b) Provisions for geological or other approved sequestration 38
commencing within five years of plant operation, including full and 39
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sufficient technical documentation to support the planned 1
sequestration; 2
(c) Provisions for monitoring the effectiveness of the 3
implementation of the sequestration plan; 4
(d) Penalties for failure to achieve implementation of the plan 5
on schedule; 6
(e) Provisions for an owner to purchase emissions reductions in 7
the event of the failure of a sequestration plan under subsection 8
(16) of this section; and 9
(f) Provisions for public notice and comment on the carbon 10
sequestration plan. 11
(15)(a) Except as provided in (b) of this subsection, as part of 12
its role enforcing the greenhouse gas emissions performance standard, 13
the department shall determine whether sequestration or a plan for 14
sequestration will provide safe, reliable, and permanent protection 15
against the greenhouse gases entering the atmosphere from the power 16
plant and all ancillary facilities. 17
(b) For facilities under its jurisdiction, the energy facility 18
site evaluation council shall contract for review of sequestration or 19
the carbon sequestration plan with the department consistent with the 20
conditions under (a) of this subsection, consider the adequacy of 21
sequestration or the plan in its adjudicative proceedings conducted 22
under RCW 80.50.090(((3))) (4), and incorporate specific findings 23
regarding adequacy ((in its recommendation to the governor under RCW 24
80.50.100)). 25
(16) A project under consideration by the energy facility site 26
evaluation council by July 22, 2007, is required to include all of 27
the requirements of subsection (14) of this section in its carbon 28
sequestration plan submitted as part of the energy facility site 29
evaluation council process. A project under consideration by the 30
energy facility site evaluation council by July 22, 2007, that 31
receives final site certification agreement approval under chapter 32
80.50 RCW shall make a good faith effort to implement the 33
sequestration plan. If the project owner determines that 34
implementation is not feasible, the project owner shall submit 35
documentation of that determination to the energy facility site 36
evaluation council. The documentation shall demonstrate the steps 37
taken to implement the sequestration plan and evidence of the 38
technological and economic barriers to successful implementation. The 39
project owner shall then provide to the energy facility site 40
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evaluation council notification that they shall implement the plan 1
that requires the project owner to meet the greenhouse gas emissions 2
performance standard by purchasing verifiable greenhouse gas 3
emissions reductions from an electric generation facility located 4
within the western interconnection, where the reduction would not 5
have occurred otherwise or absent this contractual agreement, such 6
that the sum of the emissions reductions purchased and the facility's 7
emissions meets the standard for the life of the facility.8
Sec. 14. RCW 90.48.262 and 1975 -'76 2nd ex.s. c 108 s 41 are 9
each amended to read as follows: 10
(1) The powers established under RCW 90.48.260 shall be 11
implemented by the department through the adoption of rules in every 12
appropriate situation. The permit program authorized under RCW 13
90.48.260(1)(a) shall constitute a continuation of the established 14
permit program of RCW 90.48.160 and other applicable sections within 15
chapter 90.48 RCW. The appropriate modifications as authorized in 16
((this)) chapter 155, Laws of 1973 ((amendatory act)) are designed to 17
avoid duplication and other wasteful practices and to insure that the 18
state permit program contains all required elements of and is 19
compatible with the requirements of any national permit system.20
(2) Permits for energy facilities subject to chapter 80.50 RCW 21
shall be issued by the energy facility site evaluation council: 22
PROVIDED, That such permits shall become effective only if the 23
((governor)) council approves an application for certification and 24
executes a certification agreement pursuant to said chapter. The 25
council shall have all powers necessary to establish and administer a 26
point source discharge permit program pertaining to such plants, 27
consistent with applicable receiving water quality standards 28
established by the department, and to qualify for full participation 29
in any national waste discharge or pollution discharge elimination 30
permit system. The council and the department shall each adopt, by 31
rules, procedures which will provide maximum coordination and avoid 32
duplication between the two agencies with respect to permits in 33
carrying out the requirements of ((this act )) chapter 155, Laws of 34
1973 including, but not limited to, monitoring and enforcement of 35
certification agreements, and in qualifying for full participation in 36
any such national system. 37
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Sec. 15. RCW 90.58.140 and 2019 c 225 s 1 are each amended to 1
read as follows: 2
(1) A development shall not be undertaken on the shorelines of 3
the state unless it is consistent with the policy of this chapter 4
and, after adoption or approval, as appropriate, the applicable 5
guidelines, rules, or master program. 6
(2) A substantial development shall not be undertaken on 7
shorelines of the state without first obtaining a permit from the 8
government entity having administrative jurisdiction under this 9
chapter. 10
A permit shall be granted: 11
(a) From June 1, 1971, until such time as an applicable master 12
program has become effective, only when the development proposed is 13
consistent with: (i) The policy of RCW 90.58.020; and (ii) after 14
their adoption, the guidelines and rules of the department; and (iii) 15
so far as can be ascertained, the master program being developed for 16
the area; 17
(b) After adoption or approval, as appropriate, by the department 18
of an applicable master program, only when the development proposed 19
is consistent with the applicable master program and this chapter.20
(3) The local government shall establish a program, consistent 21
with rules adopted by the department, for the administration and 22
enforcement of the permit system provided in this section. The 23
administration of the system so established shall be performed 24
exclusively by the local government. 25
(4) Except as otherwise specifically provided in subsection (11) 26
of this section, the local government shall require notification of 27
the public of all applications for permits governed by any permit 28
system established pursuant to subsection (3) of this section by 29
ensuring that notice of the application is given by at least one of 30
the following methods: 31
(a) Mailing of the notice to the latest recorded real property 32
owners as shown by the records of the county assessor within at least 33
((three hundred)) 300 feet of the boundary of the property upon which 34
the substantial development is proposed; 35
(b) Posting of the notice in a conspicuous manner on the property 36
upon which the project is to be constructed; or 37
(c) Any other manner deemed appropriate by local authorities to 38
accomplish the objectives of reasonable notice to adjacent landowners 39
and the public. 40
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The notices shall include a statement that any person desiring to 1
submit written comments concerning an application, or desiring to 2
receive notification of the final decision concerning an application 3
as expeditiously as possible after the issuance of the decision, may 4
submit the comments or requests for decisions to the local government 5
within ((thirty)) 30 days of the last date the notice is to be 6
published pursuant to this subsection. The local government shall 7
forward, in a timely manner following the issuance of a decision, a 8
copy of the decision to each person who submits a request for the 9
decision. 10
If a hearing is to be held on an application, notices of such a 11
hearing shall include a statement that any person may submit oral or 12
written comments on an application at the hearing.13
(5) The system shall include provisions to assure that 14
construction pursuant to a permit will not begin or be authorized 15
until ((twenty-one)) 21 days from the date the permit decision was 16
filed as provided in subsection (6) of this section; or until all 17
review proceedings are terminated if the proceedings were initiated 18
within ((twenty-one)) 21 days from the date of filing as defined in 19
subsection (6) of this section except as follows: 20
(a) In the case of any permit issued to the state of Washington, 21
department of transportation, for the construction and modification 22
of SR 90 (I-90) on or adjacent to Lake Washington, the construction 23
may begin after thirty days from the date of filing, and the permits 24
are valid until December 31, 1995; 25
(b)(i) In the case of any permit or decision to issue any permit 26
to the state of Washington, department of transportation, for the 27
replacement of the floating bridge and landings of the state route 28
number 520 Evergreen Point bridge on or adjacent to Lake Washington, 29
the construction may begin ((twenty-one)) 21 days from the date of 30
filing. Any substantial development permit granted for the floating 31
bridge and landings is deemed to have been granted on the date that 32
the local government's decision to grant the permit is issued. This 33
authorization to construct is limited to only those elements of the 34
floating bridge and landings that do not preclude the department of 35
transportation's selection of a four-lane alternative for state route 36
number 520 between Interstate 5 and Medina. Additionally, the 37
Washington state department of transportation shall not engage in or 38
contract for any construction on any portion of state route number 39
520 between Interstate 5 and the western landing of the floating 40
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bridge until the legislature has authorized the imposition of tolls 1
on the Interstate 90 floating bridge and/or other funding sufficient 2
to complete construction of the state route number 520 bridge 3
replacement and HOV program. For the purposes of this subsection 4
(5)(b), the "western landing of the floating bridge" means the least 5
amount of new construction necessary to connect the new floating 6
bridge to the existing state route number 520 and anchor the west end 7
of the new floating bridge; 8
(ii) Nothing in this subsection (5)(b) precludes the shorelines 9
hearings board from concluding that the project or any element of the 10
project is inconsistent with the goals and policies of the shoreline 11
management act or the local shoreline master program;12
(iii) This subsection (5)(b) applies retroactively to any appeals 13
filed after January 1, 2012, and to any appeals filed on or after 14
March 23, 2012, and expires June 30, 2014; 15
(c)(i) In the case of permits for projects addressing significant 16
public safety risks, as defined by the department of transportation, 17
it is not in the public interest to delay construction until all 18
review proceedings are terminated. In the case of any permit issued 19
under this chapter or decision to issue any permit under this chapter 20
for a transportation project of the Washington state department of 21
transportation, construction may begin ((twenty-one)) 21 days after 22
the date of filing if all components of the project achieve a no net 23
loss of shoreline ecological functions, as defined by department 24
guidelines adopted pursuant to RCW 90.58.060 and as determined 25
through the following process: 26
(A) The department of transportation, as part of the permit 27
review process, must provide the local government with an assessment 28
of how the project affects shoreline ecological functions. The 29
assessment must include specific actions for avoiding, minimizing, 30
and mitigating impacts to shoreline ecological functions, developed 31
in consultation with the department, that ensure there is no net loss 32
of shoreline ecological functions; and 33
(B) The local government, after reviewing the assessment required 34
in (c)(i)(A) of this subsection and prior to the final issuance of 35
all appropriate shoreline permits and variances, must determine that 36
the project will result in no net loss of shoreline ecological 37
functions. 38
(ii) Nothing in this subsection (5)(c) precludes the shorelines 39
hearings board from concluding that the shoreline project or any 40
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element of the project is inconsistent with this chapter, the local 1
shoreline master program, chapter 43.21C RCW and its implementing 2
regulations, or the applicable shoreline regulations.3
(iii) This subsection (5)(c) does not apply to permit decisions 4
for the replacement of the floating bridge and landings of the state 5
route number 520 Evergreen Point bridge on or adjacent to Lake 6
Washington; 7
(d) Except as authorized in (b) and (c) of this subsection, 8
construction may be commenced no sooner than ((thirty)) 30 days after 9
the date of the appeal of the board's decision is filed if a permit 10
is granted by the local government and (i) the granting of the permit 11
is appealed to the shorelines hearings board within ((twenty-one)) 21 12
days of the date of filing, (ii) the hearings board approves the 13
granting of the permit by the local government or approves a portion 14
of the substantial development for which the local government issued 15
the permit, and (iii) an appeal for judicial review of the hearings 16
board decision is filed pursuant to chapter 34.05 RCW. The appellant 17
may request, within ((ten)) 10 days of the filing of the appeal with 18
the court, a hearing before the court to determine whether 19
construction pursuant to the permit approved by the hearings board or 20
to a revised permit issued pursuant to the order of the hearings 21
board should not commence. If, at the conclusion of the hearing, the 22
court finds that construction pursuant to such a permit would involve 23
a significant, irreversible damaging of the environment, the court 24
shall prohibit the permittee from commencing the construction 25
pursuant to the approved or revised permit until all review 26
proceedings are final. Construction pursuant to a permit revised at 27
the direction of the hearings board may begin only on that portion of 28
the substantial development for which the local government had 29
originally issued the permit, and construction pursuant to such a 30
revised permit on other portions of the substantial development may 31
not begin until after all review proceedings are terminated. In such 32
a hearing before the court, the burden of proving whether the 33
construction may involve significant irreversible damage to the 34
environment and demonstrating whether such construction would or 35
would not be appropriate is on the appellant; 36
(e) Except as authorized in (b) and (c) of this subsection, if 37
the permit is for a substantial development meeting the requirements 38
of subsection (11) of this section, construction pursuant to that 39
permit may not begin or be authorized until ((twenty-one)) 21 days 40
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from the date the permit decision was filed as provided in subsection 1
(6) of this section. 2
If a permittee begins construction pursuant to (a), (b), (c), 3
(d), or (e) of this subsection, the construction is begun at the 4
permittee's own risk. If, as a result of judicial review, the courts 5
order the removal of any portion of the construction or the 6
restoration of any portion of the environment involved or require the 7
alteration of any portion of a substantial development constructed 8
pursuant to a permit, the permittee is barred from recovering damages 9
or costs involved in adhering to such requirements from the local 10
government that granted the permit, the hearings board, or any 11
appellant or intervener. 12
(6) Any decision on an application for a permit under the 13
authority of this section, whether it is an approval or a denial, 14
shall, concurrently with the transmittal of the ruling to the 15
applicant, be filed with the department and the attorney general. 16
This shall be accomplished by return receipt requested mail. A 17
petition for review of such a decision must be commenced within 18
((twenty-one)) 21 days from the date of filing of the decision.19
(a) With regard to a permit other than a permit governed by 20
subsection (10) of this section, "date of filing" as used in this 21
section refers to the date of actual receipt by the department of the 22
local government's decision. 23
(b) With regard to a permit for a variance or a conditional use 24
governed by subsection (10) of this section, "date of filing" means 25
the date the decision of the department is transmitted by the 26
department to the local government. 27
(c) When a local government simultaneously transmits to the 28
department its decision on a shoreline substantial development with 29
its approval of either a shoreline conditional use permit or 30
variance, or both, "date of filing" has the same meaning as defined 31
in (b) of this subsection. 32
(d) The department shall notify in writing the local government 33
and the applicant of the date of filing by telephone or electronic 34
means, followed by written communication as necessary, to ensure that 35
the applicant has received the full written decision.36
(7) Applicants for permits under this section have the burden of 37
proving that a proposed substantial development is consistent with 38
the criteria that must be met before a permit is granted. In any 39
review of the granting or denial of an application for a permit as 40
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provided in RCW 90.58.180 (1) and (2), the person requesting the 1
review has the burden of proof. 2
(8) Any permit may, after a hearing with adequate notice to the 3
permittee and the public, be rescinded by the issuing authority upon 4
the finding that a permittee has not complied with conditions of a 5
permit. If the department is of the opinion that noncompliance 6
exists, the department shall provide written notice to the local 7
government and the permittee. If the department is of the opinion 8
that the noncompliance continues to exist ((thirty)) 30 days after 9
the date of the notice, and the local government has taken no action 10
to rescind the permit, the department may petition the hearings board 11
for a rescission of the permit upon written notice of the petition to 12
the local government and the permittee if the request by the 13
department is made to the hearings board within ((fifteen)) 15 days 14
of the termination of the ((thirty-day)) 30-day notice to the local 15
government. 16
(9) The holder of a certification ((from the governor )) pursuant 17
to chapter 80.50 RCW shall not be required to obtain a permit under 18
this section. 19
(10) Any permit for a variance or a conditional use issued with 20
approval by a local government under their approved master program 21
must be submitted to the department for its approval or disapproval.22
(11)(a) An application for a substantial development permit for a 23
limited utility extension or for the construction of a bulkhead or 24
other measures to protect a single-family residence and its 25
appurtenant structures from shoreline erosion shall be subject to the 26
following procedures: 27
(i) The public comment period under subsection (4) of this 28
section shall be ((twenty)) 20 days. The notice provided under 29
subsection (4) of this section shall state the manner in which the 30
public may obtain a copy of the local government decision on the 31
application no later than two days following its issuance;32
(ii) The local government shall issue its decision to grant or 33
deny the permit within ((twenty-one)) 21 days of the last day of the 34
comment period specified in (a)(i) of this subsection; and35
(iii) If there is an appeal of the decision to grant or deny the 36
permit to the local government legislative authority, the appeal 37
shall be finally determined by the legislative authority within 38
thirty days. 39
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(b) For purposes of this section, a limited utility extension 1
means the extension of a utility service that: 2
(i) Is categorically exempt under chapter 43.21C RCW for one or 3
more of the following: Natural gas, electricity, telephone, water, or 4
sewer; 5
(ii) Will serve an existing use in compliance with this chapter; 6
and 7
(iii) Will not extend more than ((twenty-five hundred )) 2,500 8
linear feet within the shorelines of the state. 9
(12) A permit under this section is not required in order to 10
dispose of dredged materials at a disposal site approved through the 11
cooperative planning process referenced in RCW 79.105.500, provided 12
the dredged material disposal proponent obtains a valid site use 13
authorization from the dredged material management program office 14
within the department of natural resources. 15
NEW SECTION. Sec. 16. RCW 80.50.320 (Governor to evaluate 16
council efficiency, make recommendations) and 2001 c 214 s 8 are each 17
repealed.18
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