Washington Code 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.
Terms Used In Washington Code 80.50.030
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- 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
- Commission: means the utilities and transportation commission. See Washington Code 80.04.010
- Commissioner: means one of the members of such 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
- Department: means the department of health. See Washington Code 80.04.010
- 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 80.50.020Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Person: means an individual, partnership, joint venture, private or public corporation, association, firm, public service company, political subdivision, municipal corporation, government agency, public utility district, or any other entity, public or private, however organized. See Washington Code 80.50.020 Quorum: The number of legislators that must be present to do business. 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) 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 of the governor, and is removable for cause. The chair may designate a member of the council to serve as acting chair in the event of the chair’s absence. The salary of the chair shall be determined under RCW 43.03.040. The chair is a “state employee” for the purposes of chapter 42.52 RCW. As applicable, when attending meetings of the council, members may receive reimbursement for travel expenses in accordance with RCW 43.03.050 and 43.03.060, and are eligible for compensation under RCW 43.03.250.
(3)(a) The council shall consist of the chair of the council and:
(i) The director of the department of ecology or the director’s designee;
(ii) The director of the department of fish and wildlife or the director’s designee;
(iii) The director of the department of commerce or the director’s designee;
(iv) The chair of the utilities and transportation commission or the chair’s designee; and
(v) The commissioner of public lands or the commissioner’s designee.
(b) The directors, administrators, or their designees, of the following departments, agencies, and commissions, or their statutory successors, may participate as councilmembers at their own discretion provided they elect to participate no later than sixty days after an application is filed:
(i) Department of agriculture;
(ii) Department of health;
(iii) Military department; and
(iv) Department of transportation.
(4) The appropriate county legislative authority of every county wherein an application for a proposed site is filed shall appoint a member or designee as a voting member to the council. The member or designee so appointed shall sit with the council only at such times as the council considers the proposed site for the county which he or she represents, and such member or designee shall serve until there has been a final acceptance or rejection of the proposed site.
(5) The city legislative authority of every city within whose corporate limits an energy facility is proposed to be located shall appoint a member or designee as a voting member to the council. The member or designee so appointed shall sit with the council only at such times as the council considers the proposed site for the city which he or she represents, and such member or designee shall serve until there has been a final acceptance or rejection of the proposed site.
(6) For any port district wherein an application for a proposed port facility is filed subject to this chapter, the port district shall appoint a member or designee as a nonvoting member to the council. The member or designee so appointed shall sit with the council only at such times as the council considers the proposed site for the port district which he or she represents, and such member or designee shall serve until there has been a final acceptance or rejection of the proposed site. The provisions of this subsection shall not apply if the port district is the applicant, either singly or in partnership or association with any other person.
(7) A quorum of the council consists of a majority of members appointed for business to be conducted.
[ 2022 c 183 § 3. Prior: 2010 c 271 § 601; 2010 c 152 § 2; 2001 c 214 § 4; 1996 c 186 § 108; prior: 1994 c 264 § 75; 1994 c 154 § 315; 1990 c 12 § 3; 1988 c 36 § 60; 1986 c 266 § 51; prior: 1985 c 466 § 71; 1985 c 67 § 1; 1985 c 7 § 151; prior: 1984 c 125 § 18; 1984 c 7 § 372; 1977 ex.s. c 371 § 3; 1975-’76 2nd ex.s. c 108 § 31; 1974 ex.s. c 171 § 46; 1970 ex.s. c 45 § 3.]
NOTES:
Effective date—2022 c 183: See note following RCW 80.50.010.
Purpose—Effective date—2010 c 271: See notes following RCW 43.330.005.
Rule-making costs proportionately divided—2010 c 152: See note following RCW 80.50.071.
Severability—Effective date—2001 c 214: See notes following RCW 80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
Findings—Intent—Part headings not law—Effective date—1996 c 186: See notes following RCW 43.330.904.
Effective date—1994 c 154: See RCW 42.52.904.
Effective date—1990 c 12: “This act shall take effect July 1, 1990.” [ 1990 c 12 § 12.]
Severability—1986 c 266: See note following RCW 38.52.005.
Effective date—Severability—1985 c 466: See notes following RCW 43.31.125.
Severability—Effective date—1975-’76 2nd ex.s. c 108: See notes following RCW 43.21F.010.