AWC Legislative Bulletin - Volume 30, No. 2
January 12, 2007  (Plain Text Version)

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In this issue:
From the Director: Governor Gregoire's State of the State
What You Need to Know Now
2007 City Legislative Action Conference (CLAC)
Energy & Telecommunications
Environment & Water
General Local Government
Infrastructure, Transportation, & Economic Development
Land Use & Housing
Law & Justice
Municipal Finance
Personnel & Labor Relations
Online Legislative Advocacy Tools
AWC Legislative Contacts & Board of Directors

Energy & Telecommunications

A hearing was held this week in the House Technology, Energy & Communications Committee on a grouping of Energy Facility Site Evaluation Council (EFSEC) proposals, including three bills will have an impact on or will be of interest to cities.

Transmission Siting Preemption (HB 1037)

This bill would allow developers of electrical transmission facilities to seek permits through EFSEC if they chose, rather than from the affected local governments, as has been the process for many decades. This would result in a preemption of local siting authority that AWC has opposed for the past several years. AWC expressed concern, along with the county association, about this proposal at a hearing this week and suggested to the Committee chair that it would be helpful to local governments if there were an educational briefing to review the permitting process and the perceived problems that local government permitting may create for transmission projects. AWC staff will continue this discussion with the chair directly and seek other alternatives to passing the bill in the current form.

Alternative Energy Facilities (HB 1060)

This bill would prohibit applicants of alternative energy facilities from seeking a site certificate at EFSEC for a similar alternative energy resource project in a similar geographic area for two years if the project is first denied by a local government. This issue is also referred to as "forum shopping," where applicants will shop for a venue until they get the site certificate they seek. A few cities have commented to AWC that applicants should not be able to shop around for the best deal. This bill comes to the legislature in response to a wind energy project in Kittitas Valley that was originally rejected by the county. The developer subsequently took the application to EFSEC for certification, where the EFSEC review is still underway.

Eliminating the Threshold for Projects Eligible for EFSEC Certification (HB 1061)

The current threshold for energy generation projects required to get EFSEC approval is 350MW; any project smaller than that would need local government certification. This bill would eliminate the threshold, so that any size of energy generation facility would be required to get EFSEC certification. In addition, the bill would allow developers of multiple energy facilities to certify more than one project under the same application, regardless of the size of the generation facilities.

AWC signed in with concerns on this proposal for two reasons. First, it does not seem appropriate for the smaller generation facilities to have to seek EFSEC approval when the local process would be perfectly appropriate. Cities would be more comfortable with a threshold limit of some sort. Second, it might be inappropriate for developers to lump projects together that are "similar," as determined solely by the EFSEC Committee. AWC is concerned the language allowing multiple projects under one certificate is too vague.

Requiring Electronic Payment of Utility Bills (HB 1034)

This bill would affect cities of more than 5,000 customers that provide electricity, natural gas, water or sewer services. Under the bill, when the city upgrades, changes or purchases new equipment relating to billing or service, the new equipment must be capable of accepting electronic payment of bills for service provided by the city. The city would be able to collect from customers the additional costs to provide this service.

AWC will express concern about this proposal to committee members because some cities close to the population threshold that have looked into this equipment upgrade have found that the cost to provide the service to the relatively small number of customers wanting to use it would be too prohibitive.

Creating a Sustainable Energy Trust (HB 1032)

This bill proposes to create a "Sustainable Energy Trust" by charging all electric and natural gas retail customers a modest system benefit charge to be used to develop sustainable renewable resources. It is a proposal modeled after the Energy Trust of Oregon that has been in existence since about 1999. A similar bill was proposed last session but failed to make it out of committee. A hearing has not yet been scheduled.

Purchasing Renewable Energy by Public Entities (HB 1036)

This bill would require that a state agency that is served by a public or private utility must purchase twenty percent of its total electricity in the form of qualified alternative energy resources from the local electric utility. A hearing has been scheduled for Tuesday, January 17 at 1:30 pm in the House Technology, Energy & Communications Committee.

Senate Committee to Hold Work Session on Climate Change

The Senate Water, Energy & Telecommunications Committee will hold a work session concerning climate change on Friday, January 17 at 1:30 pm. The first part of the work session will be an introduction on the topic and the second part will look at a recently-released study led by the University of Oregon’s Climate Leadership Initiative. This study suggests that a warming climate could cost Washington governments and businesses tens of millions of dollars every year in drought-stricken crops, forest fires and tightened water supplies.