Washington Code 80.50.175 – Council’s powers
Current as of: 2023 | Check for updates
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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.
Terms Used In Washington Code 80.50.175
- 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
- Commission: means the utilities and transportation commission. See Washington Code 80.04.010
- Council: means the energy facility site evaluation council created by 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 80.50.020Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way. 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
(2)(a) The council, upon agreement with any potential applicant, is authorized as provided in this section to conduct a preliminary study of any potential project prior to receipt of an application for site certification. This preliminary study must be completed before any environmental review or process under RCW 43.21C.031 is initiated. A fee of $10,000 for each potential project, to be applied toward the cost of any study agreed upon pursuant to (b) of this subsection, must accompany the agreement and is a condition precedent to any action on the agreement by the council.
(b) Upon agreement with the potential applicant, the council may commission its own independent consultant to study matters relative to the potential project. In conducting the study, the council is authorized to cooperate and work jointly with the county or counties in which the potential project is located, any federal, state, local, or tribal governmental agency that might be requested to comment on the potential project, and any municipal or public corporation having an interest in the matter. The full cost of the study must be paid by the potential applicant. However, costs exceeding a total of $10,000 are payable subject to the potential applicant giving prior approval to such an excess amount.
(3) All payments required of the potential applicant under this section must be deposited into the energy facility site evaluation council account created in RCW 80.50.390. All of these funds are subject to state auditing procedures. Any unexpended portions of the funds must be returned to the potential applicant.
(4) If a potential applicant subsequently submits a formal application for site certification to the council for a site where a preliminary study was conducted, payments made under this section for that study may be considered as payment towards the application fee provided in RCW 80.50.071.
[ 2022 c 183 § 11; 1983 c 3 § 205; 1977 ex.s. c 371 § 13; 1975-’76 2nd ex.s. c 108 § 40; 1974 ex.s. c 110 § 2.]
NOTES:
Effective date—2022 c 183: See note following RCW 80.50.010.
Severability—Effective date—1975-’76 2nd ex.s. c 108: See notes following RCW 43.21F.010.