Washington Code 80.50.100 – Recommendations to governor — Expedited processing — Approval or rejection of certification — Reconsideration
Current as of: 2023 | Check for updates
|
Other versions
(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 the council and the applicant.
Terms Used In Washington Code 80.50.100
- Applicant: means any person who makes application for a site certification pursuant to the provisions of this chapter. See Washington Code 80.50.020
- Application: means any request for approval of a particular site or sites filed in accordance with the procedures established pursuant to this chapter, unless the context otherwise requires. See Washington Code 80.50.020
- Certification: means a binding agreement between an applicant and the state which shall embody compliance to the siting guidelines, in effect as of the date of certification, which have been adopted pursuant to RCW 80. See Washington Code 80.50.020
- Construction: means on-site improvements, excluding exploratory work, which cost in excess of two hundred fifty thousand dollars. See Washington Code 80.50.020
- Council: means the energy facility site evaluation council created by RCW 80. See Washington Code 80.50.020
- Director: means the director of the energy facility site evaluation council appointed by the chair of the council in accordance with RCW 80. See Washington Code 80.50.020
- Energy facility: means an energy plant or transmission facilities: PROVIDED, That the following are excluded from the provisions of this chapter:
Washington Code 80.50.020Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Facilities: means lines, conduits, ducts, poles, wires, cables, cross-arms, receivers, transmitters, instruments, machines, appliances, instrumentalities and all devices, real estate, easements, apparatus, property and routes used, operated, owned or controlled by any telecommunications company to facilitate the provision of telecommunications service. See Washington Code 80.04.010 information: means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols. See Washington Code 80.04.010 Site: means any proposed or approved location of an energy facility, alternative energy resource, clean energy product manufacturing facility, or electrical transmission facility. See Washington Code 80.50.020
(b) The council shall review and consider comments received during the application process in making its recommendation.
(c) In the case of an application filed prior to December 31, 2025, for certification of an energy facility proposed for construction, modification, or expansion for the purpose of providing generating facilities that meet the requirements of RCW 80.80.040 and are located in a county with a coal-fired electric generation facility subject to RCW 80.80.040(3)(c), the council shall expedite the processing of the application pursuant to RCW 80.50.075 and shall report its recommendations to the governor within one hundred eighty days of receipt by the council of such an application, or a later time as is mutually agreed by the council and the applicant.
(2) If the council recommends approval of an application for certification, it shall also submit a draft certification agreement with the report. The council shall include conditions in the draft certification agreement to implement the provisions of this chapter including, but not limited to, conditions to protect state, local governmental, or community interests, or overburdened communities as defined in RCW 70A.02.010 affected by the construction or operation of the facility, and conditions designed to recognize the purpose of laws or ordinances, or rules or regulations promulgated thereunder, that are preempted or superseded pursuant to RCW 80.50.110 as now or hereafter amended.
(3)(a) Within 60 days of receipt of the council’s report the governor shall take one of the following actions:
(i) Approve the application and execute the draft certification agreement; or
(ii) Reject the application; or
(iii) Direct the council to reconsider certain aspects of the draft certification agreement.
(b) The council shall reconsider such aspects of the draft certification agreement by reviewing the existing record of the application or, as necessary, by reopening the adjudicative proceeding for the purposes of receiving additional evidence. Such reconsideration shall be conducted expeditiously. The council shall resubmit the draft certification to the governor incorporating any amendments deemed necessary upon reconsideration. Within 60 days of receipt of such draft certification agreement, the governor shall either approve the application and execute the certification agreement or reject the application. The certification agreement shall be binding upon execution by the governor and the applicant.
(4) The rejection of an application for certification by the governor shall be final as to that application but shall not preclude submission of a subsequent application for the same site on the basis of changed conditions or new information.
[ 2022 c 183 § 10; 2011 c 180 § 109; 1989 c 175 § 174; 1977 ex.s. c 371 § 8; 1975-’76 2nd ex.s. c 108 § 36; 1970 ex.s. c 45 § 10.]
NOTES:
Effective date—2022 c 183: See note following RCW 80.50.010.
Findings—Purpose—2011 c 180: See note following RCW 80.80.010.
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—Effective date—1975-’76 2nd ex.s. c 108: See notes following RCW 43.21F.010.