Title 80 — Title 80 PUBLIC UTILITIES

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.]

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 …

(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…

(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…

(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…

(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…

(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…

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…

(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…

This chapter may be cited as the Washington state energy financing voter approval act.[ 1981 2nd ex.s. c 6 s 1 (Initiative Measure No. 394, approved November 3, 1981).]

The purpose of this chapter is to provide a mechanism for citizen review and approval of proposed financing for major public energy projects. The development of dependable and economic energy sources is of paramount importance to the citizens of the state, who have an interest in…

The definitions set forth in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Public agency" means a public utility district, joint operating agency, city, county, or any other state governmental agency, entity, or political subdivisio…

No public agency or assignee of a public agency may issue or sell bonds to finance the cost of construction or the cost of acquisition of a major public energy project, or any portion thereof, unless it has first obtained authority for the expenditure of the funds to be raised by…

The election required under RCW 80.52.040 shall be conducted in the manner provided in this section.(1)(a) If the applicant is a public utility district, joint operating agency, city, or county, the election shall be among the voters of the public utility district, city, or count…

The proposition for each major public energy project listed upon a ballot pursuant to this chapter shall be in the form provided in this section.(1) If the funds are intended to finance the planning or construction of all or a portion of the project, the proposition shall read su…

A request for financing authority pursuant to this chapter shall be considered approved if it receives the approval of a majority of those voting on the request.[ 1981 2nd ex.s. c 6 s 7 (Initiative Measure No. 394, approved November 3, 1981).]

In planning for future energy expenditures, public agencies shall give priority to projects and resources which are cost-effective. Priority for future bond sales to finance energy expenditures by public agencies shall be given: First, to conservation; second, to renewable resour…

Section 8 of this act shall take effect immediately. The remainder of this act shall take effect on July 1, 1982. Public agencies intending to submit a request for financing authority under this act are authorized to institute the procedures specified in section 5(4) of this act …

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.(1) "Attachment" means any wire or cable for the transmission of intelligence by telecommunications or television, including cable television, light waves, or other phenom…

The commission shall have the authority to regulate in the public interest the rates, terms, and conditions for attachments by licensees or utilities. All rates, terms, and conditions made, demanded, or received by any utility for any attachment by a licensee or by a utility must…

Whenever the commission shall find, after hearing had upon complaint by a licensee or by a utility, that the rates, terms, or conditions demanded, exacted, charged, or collected by any utility in connection with attachments are unjust, unreasonable, or that the rates or charges a…

A just and reasonable rate shall assure the utility the recovery of not less than all the additional costs of procuring and maintaining pole attachments, nor more than the actual capital and operating expenses, including just compensation, of the utility attributable to that port…

Nothing in this chapter shall be deemed to apply to any attachment by one or more electrical companies on the facilities of one or more other electrical companies.[ 1979 c 33 s 5.]

The commission shall adopt rules, regulations and procedures relative to the implementation of this chapter.[ 1979 c 33 s 6.]

Notwithstanding any other provision of law, a utility as defined in RCW 80.54.010(3) and any utility not regulated by the utilities and transportation commission shall levy attachment rates which are uniform for all licensees within the utility service area.[ 1979 c 33 s 7.]

The generation of power by a nonpolluting, renewable energy source by an individual natural person not otherwise engaged in the business of power generation is declared to be exempt from all statutes and rules otherwise regulating the generation of power: PROVIDED, That such an i…

The legislature finds that it is in the public interest to:(1) Encourage private investment in renewable energy resources;(2) Stimulate the economic growth of this state; and(3) Enhance the continued diversification of the energy resources used in this state.[ 1998 c 318 s 1.]

The definitions in this section apply throughout this chapter unless the context clearly indicates otherwise.(1) "Aggregated meter" means an electric service meter measuring electric energy consumption that is eligible to receive credits under a meter aggregation arrangement as d…

(1) An electric utility:(a) Shall offer to make net metering, pursuant to RCW 80.60.030, available to eligible customer-generators on a first-come, first-served basis until the earlier of either: (i) June 30, 2029; or (ii) the first date upon which the cumulative generating capac…

Consistent with the other provisions of this chapter, the net energy measurement, billed charges for kilowatt-hour consumption, and credits for excess kilowatt-hour generation by a net metered system, must be calculated in the following manner:(1) The electric utility shall measu…

(1) A net metering system used by a customer-generator shall include, at the customer-generator's own expense, all equipment necessary to meet applicable safety, power quality, and interconnection requirements established by the national electrical code, national electrical safet…

The commission shall not regulate radio communications service companies, except that:(1) The commission may regulate the rates, services, facilities, and practices of radio communications service companies, within a geographic service area or a portion of a geographic service ar…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Applicant" has the meaning provided in RCW 80.50.020 and includes an applicant for a permit for a fossil-fueled thermal electric generation facility subject to RCW 70A…

(1) The provisions of this chapter apply to:(a) New fossil-fueled thermal electric generation facilities with station-generating capability of three hundred fifty thousand kilowatts or more and fossil-fueled floating thermal electric generation facilities of one hundred thousand …

(1) Carbon dioxide mitigation plans relying on purchase of permanent carbon credits must meet the following criteria:(a) Credits must derive from real, verified, permanent, and enforceable carbon dioxide or carbon dioxide equivalents emission mitigation not otherwise required by …

(1) The carbon dioxide mitigation option that provides for direct investment shall be implemented through mitigation projects conducted directly by, or under the control of, the certificate holder or order of approval holder.(2) Mitigation projects must be approved by the council…

(1) The council shall maintain a list of independent qualified organizations with proven experience in emissions mitigation activities and a demonstrated ability to carry out their activities in an efficient, reliable, and cost-effective manner.(2) An independent qualified organi…

Reasonable and necessary costs incurred by the council in implementing and administering this chapter shall be assessed against applicants and holders of site certification agreements that are subject to the requirements of this chapter.[ 2004 c 224 s 6.]

The council, department, and authority shall adopt rules to carry out this chapter.[ 2004 c 224 s 7.]

(1) An applicant for a natural gas-fired generation plant to be constructed in a county with a coal-fired electric generation facility subject to RCW 80.80.040(3)(c) is exempt from this chapter if the application is filed before December 31, 2025.(2) For the purposes of this sect…

(1) The legislature finds that:(a) Washington is especially vulnerable to climate change because of the state's dependence on snow pack for summer streamflows and because the expected rise in sea levels threatens our coastal communities. Extreme weather, a warming Pacific Northwe…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Attorney general" means the Washington state office of the attorney general.(2) "Auditor" means: (a) The Washington state auditor's office or its designee for consumer…

(1) The governor shall develop policy recommendations to the legislature on how the state can achieve the greenhouse gases emissions reduction goals established under *RCW 80.80.020. These recommendations must include, but are not limited to:(a) How market mechanisms, such as a l…

(1) Beginning July 1, 2008, the greenhouse gas emissions performance standard for all baseload electric generation for which electric utilities enter into long-term financial commitments on or after such date is the lower of:(a) One thousand one hundred pounds of greenhouse gases…

The energy policy division of the department of commerce shall provide an opportunity for interested parties to comment on the development of a survey of new combined-cycle natural gas thermal electric generation turbines commercially available and offered for sale by manufacture…

(1) No electrical company may enter into a long-term financial commitment unless the baseload electric generation supplied under such a long-term financial commitment complies with the greenhouse gas emissions performance standard established under RCW 80.80.040.(2) In order to e…

(1) No consumer-owned utility may enter into a long-term financial commitment unless the baseload electric generation supplied under such a long-term financial commitment complies with the greenhouse gas emissions performance standard established under RCW 80.80.040.(2) The gover…

For the purposes of RCW 80.80.040 through 80.80.080 and 80.70.020, the department, in consultation with the department of commerce energy policy division, the energy facility site evaluation council, the commission, and the governing boards of consumer-owned utilities, shall revi…

(1) By January 1, 2012, the governor on behalf of the state shall enter into a memorandum of agreement that takes effect on April 1, 2012, with the owners of a coal-fired baseload facility in Washington that emitted more than one million tons of greenhouse gases in any calendar y…

*** CHANGE IN 2026 *** (SEE 2367.SL) ***No state agency or political subdivision of the state may adopt or impose a greenhouse gas emission performance standard, or other operating or financial requirement or limitation relating to greenhouse gas emissions, on a coal-fired electr…