Title 80 — Title 80 PUBLIC UTILITIES
23 chapters · 368 sections in this title.
RCW 80.50.010 Legislative finding—Policy—Intent.
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The legislature finds that the present and predicted growth in energy demands in the state of Washington requires a procedure for the selection and use of sites for energy facilities and the identification of a state position with respect to each proposed site. The legislature re…
RCW 80.50.020 Definitions.
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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Alternative energy resource" includes energy facilities of the following types: (a) Wind; (b) solar energy; (c) geothermal energy; (d) renewable natural gas; (e) wave …
RCW 80.50.030 Energy facility site evaluation council—Created—Membership—Quorum.
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(1) The energy facility site evaluation council is created and established.(2) The chair of the council shall be appointed by the governor with the advice and consent of the senate, shall have a vote on matters before the council, shall serve for a term coextensive with the term …
RCW 80.50.040 Energy facility site evaluation council—Powers enumerated.
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The council shall have the following powers:(1) To adopt, promulgate, amend, or rescind suitable rules and regulations, pursuant to chapter 34.05 RCW, to carry out the provisions of this chapter, and the policies and practices of the council in connection therewith;(2) To develop…
RCW 80.50.045 Recommendations to secretary, federal energy regulatory commission—Siting electrical transmission corridors—Council designated as state authority for siting transmission facilities—Review under national environmental policy act.
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(1) The council shall consult with other state agencies, utilities, local municipal governments, public interest groups, tribes, and other interested persons to convey their views to the secretary and the federal energy regulatory commission regarding appropriate limits on federa…
RCW 80.50.060 Energy facilities to which chapter applies—Applications for certification—Forms—Council's duties—Potential effects to tribal cultural resources.
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*** CHANGE IN 2026 *** (SEE 2496-S.SL) ***(1)(a) The provisions of this chapter apply to the construction of energy facilities which includes the new construction of energy facilities and the reconstruction or enlargement of existing energy facilities where the net increase in ph…
RCW 80.50.065 Use of fully coordinated permitting process.
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Applicants utilizing the fully coordinated permitting process under chapter 43.158 RCW are not eligible for permitting under this chapter unless a substantial change is made to the proposed project. Prior to considering an application under this chapter from a project applicant t…
RCW 80.50.071 Council to receive applications—Payment of costs incurred by the council—Notification requirements.
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(1) The council shall receive all applications for energy facility site certification. Each applicant shall pay actual costs incurred by the council in processing an application.(a) Each applicant shall, at the time of application submission, pay to the council for deposit into t…
RCW 80.50.075 Expedited processing of applications.
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(1) Any person filing an application for certification of any facility pursuant to this chapter may apply to the council for an expedited processing of such an application. The application for expedited processing shall be submitted to the council in such form and manner and acco…
RCW 80.50.080 Counsel for the environment.
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After the council has received a site application, the attorney general shall appoint an assistant attorney general as a counsel for the environment. The counsel for the environment shall represent the public and its interest in protecting the quality of the environment. Costs in…
RCW 80.50.085 Council staff to assist applicants, make recommendations.
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(1) After the council has received a site application, council staff shall assist applicants in identifying issues presented by the application.(2) Council staff shall review all information submitted and recommend resolutions to issues in dispute that would allow site approval.(…
RCW 80.50.090 Public hearings—Opportunity for public comment.
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(1) The council shall conduct an informational public hearing in the county of the proposed site as soon as practicable but not later than sixty days after receipt of an application for site certification. However, the place of such public hearing shall be as close as practical t…
RCW 80.50.100 Recommendations to governor—Expedited processing—Approval or rejection of certification—Reconsideration.
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(1)(a) 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 an application deemed complete by the director, or such later time as is mutually agreed by th…
RCW 80.50.105 Transmission facilities for petroleum products—Recommendations to governor.
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In making its recommendations to the governor under this chapter regarding an application that includes transmission facilities for petroleum products, the council shall give appropriate weight to city or county facility siting standards adopted for the protection of sole source …
RCW 80.50.110 Chapter governs and supersedes other law or regulations—Preemption of regulation and certification by state.
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(1) If any provision of this chapter is in conflict with any other provision, limitation, or restriction which is now in effect under any other law of this state, or any rule or regulation promulgated thereunder, this chapter shall govern and control and such other law or rule or…
RCW 80.50.120 Effect of certification.
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(1) Subject to the conditions set forth therein any certification shall bind the state and each of its departments, agencies, divisions, bureaus, commissions, boards, and political subdivisions, whether a member of the council or not, as to the approval of the site and the constr…
RCW 80.50.130 Revocation or suspension of certification—Grounds.
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Any certification may be revoked or suspended:(1) For any material false statement in the application or in the supplemental or additional statements of fact or studies required of the applicant when a true answer would have warranted the council's refusal to recommend certificat…
RCW 80.50.140 Review.
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(1) A final decision pursuant to RCW 80.50.100 on an application for certification shall be subject to judicial review pursuant to provisions of chapter 34.05 RCW and this section. Petitions for review of such a decision shall be filed in the Thurston county superior court. All p…
RCW 80.50.150 Enforcement of compliance—Penalties.
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(1) The courts are authorized to grant such restraining orders, and such temporary and permanent injunctive relief as is necessary to secure compliance with this chapter, rules adopted under this chapter, a site certification agreement issued pursuant to this chapter, a national …
RCW 80.50.155 Additional penalties—Appeal procedures.
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(1) Every person who violates the provisions of site certification agreements or permits issued or administered by the council shall incur, in addition to any other penalty as provided by law, a penalty in an amount of up to ten thousand dollars a day for every such violation. Ea…
RCW 80.50.160 Availability of information.
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The council shall make available for public inspection and copying during regular office hours at the expense of any person requesting copies, any information filed or submitted pursuant to this chapter.[ 1970 ex.s. c 45 s 16.]
RCW 80.50.175 Council's powers.
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(1) In addition to all other powers conferred on the council under this chapter, the council shall have the powers set forth in this section.(2)(a) The council, upon agreement with any potential applicant, is authorized as provided in this section to conduct a preliminary study o…
RCW 80.50.180 Proposals and actions by other state agencies and local political subdivisions pertaining to energy facilities exempt from "detailed statement" required by RCW 43.21C.030.
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Except for actions of the council under chapter 80.50 RCW, all proposals for legislation and other actions of any branch of government of this state, including state agencies, municipal and public corporations, and counties, to the extent the legislation or other action involved …
RCW 80.50.300 Unfinished fission nuclear power projects—Transfer of all or a portion of a site to a political subdivision or subdivisions of the state—Water rights.
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(1) This section applies only to unfinished fission nuclear power projects. If a certificate holder stops construction of a fission nuclear energy facility before completion, terminates the project or otherwise resolves not to complete construction, never introduces or stores fue…
RCW 80.50.310 Council actions—Exemption from chapter 43.21C RCW.
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Council actions pursuant to the transfer of the site or portions of the site under RCW 80.50.300 are exempt from the provisions of chapter 43.21C RCW.[ 1996 c 4 s 3.]
RCW 80.50.320 Governor to evaluate council efficiency, make recommendations.
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The governor shall undertake an evaluation of the operations of the council to assess means to enhance its efficiency. The assessment must include whether the efficiency of the siting process would be improved by conducting the process under the state environmental policy act in …
RCW 80.50.330 Preapplication—Siting electrical transmission facilities—Corridors.
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(1) For applications to site electrical transmission facilities, the council shall conduct a preapplication process pursuant to rules adopted by the council to govern such process, receive applications as prescribed in RCW 80.50.071, and conduct public meetings pursuant to RCW 80…
RCW 80.50.340 Preapplication—Fees—Plans.
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(1) A preapplicant applying under RCW 80.50.330 shall pay to the council a fee of ten thousand dollars to be applied to the cost of the preapplication process as a condition precedent to any action by the council, provided that costs in excess of this amount shall be paid only up…
RCW 80.50.360 Duties of chair and director.
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(1) The chair of the council or the chair's designee shall execute all official documents, contracts, and other materials on behalf of the council.(2) The chair of the council shall appoint a director to oversee the operations of the council and carry out the duties of this chapt…
RCW 80.50.370 Clean energy product manufacturing facilities.
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(1) A person proposing to construct, reconstruct, or enlarge a clean energy product manufacturing facility may choose to receive certification under this chapter.(2) All of the council's powers with regard to energy facilities apply to clean energy product manufacturing facilitie…
RCW 80.50.380 Preapplication review of a proposed project—Fees.
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(1) Except for the siting of electrical transmission facilities, any potential applicant may request a preapplication review of a proposed project. Council staff must review the preapplicant's draft application materials and provide comments on either additional studies or stakeh…
RCW 80.50.390 Energy facility site evaluation council account.
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The energy facility site evaluation council account is created in the custody of the state treasurer. All receipts from funds received by the council for all payments, including fees, deposits, and reimbursements received under this chapter must be deposited into the account. Exp…
RCW 80.50.400 Transfer of authority from the utilities and transportation commission to the council.
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(1) Those administrative powers, duties, and functions of the utilities and transportation commission that were performed under the provisions of this chapter for the council prior to June 30, 2022, are transferred to the council as set forth in chapter 183, Laws of 2022.(2)(a) A…