AWC Legislative Bulletin - Volume 29, No. 6
February 10, 2006 (Plain Text Version)

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In this issue:
From the Director: Property Rights Initiative Filed
Key Issues in This Week's Bulletin
2006 AWC Legislative Priorities
Customized Bill Tracking – A Suggestion from AWC President Pam Carter
Energy & Telecommunications
Environment & Water
General Local Government
Land Use & Housing
Law & Justice
Municipal Finance & Economic Development
Personnel & Labor Relations
Transportation & Infrastructure

Energy & Telecommunications

Interstate Transmission Siting (SHB 2401)

Rep. Morris (D-Anacortes) is sponsoring a bill that would address issues raised in the National Energy Policy Act that passed Congress in 2005. The bill would create a task force to negotiate terms of an interstate compact that would outline a regional process for siting national interest electric transmission corridors. The nine task force members would include legislative representation, Energy Facility Site Evaluation Council (EFSEC), local governments, state agencies and other interested parties.

A final report on recommendations would be submitted to the Legislature by September 1, 2007. At the time this Bulletin went to press, the bill was on the House floor calendar, awaiting action.

Expedited Processing of Energy Facilities (SHB 2402)

This bill establishes new guidelines for granting expedited processing certification for a proposed energy facility or an alternative energy resource.

An alternative energy resource facility filing an application for certification with EFSEC may apply for expedited processing of the application. EFSEC may grant an applicant expedited processing of any application for certification upon finding that (a) the environmental impact of the proposed energy facility is not significant or will be mitigated to a non-significant level under RCW 43.21C.031, and (b) the project is found under RCW 80.50.090(2) to be consistent and in compliance with municipal, county or regional land use plans or zoning ordinances.

Once the applicant has been awarded expedited processing, EFSEC shall not be required to commission an independent study to further measure the consequences of the proposed energy facility or alternative energy resource facility on the environment. Municipal, county and regional land use plans and zoning ordinances must be considered by EFSEC in reviewing an application for expediting processing and in conducting a public hearing under RCW 80.50.090.

Once a determination is made by EFSEC that a proposed site does conform to existing land use plans or zoning ordinances, municipal, county and regional authorities shall not change such land use plans or zoning ordinances so as to affect the proposed site.

The bill passed the House on a 93-3 vote and was referred to the Senate Water, Energy and Environment Committee.

The Energy Freedom Program (3SHB 2939)

This legislation establishes an Energy Freedom Program within the Department of Community, Trade and Economic Development. It would requires a 13-member Energy Freedom Board to establish a competitive process for awarding low-interest loans and grants to political subdivisions for the research and development of new and renewable energy sources, including infrastructure and facilities. The bill is currently on the House Floor Calendar.

The Bioenergy Assistance Program (SSB 6501 /HB 2775)

These bills, which were introduced at the request of the Governor, establish a Bioenergy Assistance Program within the Department of Agriculture. Political subdivisions and private entities, including economic development councils, may participate in the program. The maximum assistance amount is $5 million per application. Eligible projects include the purchase of equipment to convert farm products or wastes into electricity or gaseous or liquid fuels, and the construction of facilities used to store or distribute such products.

An application may be approved only if the director of the Department of Agriculture finds it meets numerous criteria, including the following:

the project converts farm products or wastes directly into electricity or into gaseous or liquid fuels;
the project demonstrates technical feasibility and probable business success;
the project produces long-term economic benefits to the state or one of its regions or communities;
the project does not require continuing state support;
the assistance will result in new jobs, job retention, or higher incomes for the citizens of the state; and
the assistance is accompanied by private investment