title: RCW 80.36.400

text:
(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a)(i) "Assist in the transmission" means actions taken to provide substantial assistance or support, which enables any person to formulate, originate, initiate, or transmit a commercial solicitation when the person providing the assistance knows or consciously avoids knowing that the initiator of the commercial solicitation is engaged, or intends to engage, in any practice that violates chapter 19.86 RCW, the consumer protection act.
(ii) "Assist in the transmission" does not include any of the following:
(A) Activities of an entity relating to the design, manufacture, or distribution of any technology, product, or component that has a commercially significant use other than to violate or circumvent this section;
(B) Activities of a telecommunications provider or other entity that are limited to providing access to the internet for purposes excluding initiation of a telephone communication; or
(C) Activities of a terminating provider relating to the transmission of a telephone communication.
(b) "Automatic dialing and announcing device" is a system which automatically dials telephone numbers and transmits a recorded or artificial voice message once a connection is made. A recorded or artificial message is transmitted even if the recorded or artificial message goes directly to a recipient's voicemail.
(c) "Commercial solicitation" means the unsolicited initiation of a telephone communication made for the purpose of encouraging a person to purchase property, goods, or services, or wrongfully obtaining anything of value.
(d) "Terminating provider" means a telecommunications provider that provides voice services to an end user customer.
(2) No person may use an automatic dialing and announcing device for purposes of commercial solicitation. This section applies to all commercial solicitation intended to be received by telephone customers within the state.
(3) No person may assist in the transmission of a commercial solicitation described in subsection (2) of this section. In any action arising out of a violation of this subsection, it shall be an affirmative defense that a telecommunications provider both:
(a) Acted in compliance with 47 U.S.C. Sec. 227, 16 C.F.R. Part 310, and related regulations; and
(b) Implemented a reasonably effective plan to mitigate origination, initiation, or transmission of a commercial solicitation described in subsection (2) of this section.
(4) The legislature finds that the practices covered by this section are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this section is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW. In addition to all remedies available in chapter 19.86 RCW, a person who is injured under this section may bring a civil action in the superior court to enjoin further violations and shall recover actual damages or $1,000 per violation of this section, whichever is greater.
(5) Nothing in this section shall be construed to prevent the Washington utilities and transportation commission from adopting additional rules regulating automatic dialing and announcing devices.
[ 2023 c 103 s 2; 1986 c 281 s 2.]
Notes:
Reviser's note: The definitions in subsection (1) of this section have been alphabetized pursuant to RCW 1.08.125(2)(k).
Findings—Intent—2023 c 103: "(1) The legislature finds that robocalls are increasingly used by entities to mislead and deceive Washington residents and induce them into providing personal information to wrongfully obtain something of value. It is the intent of the legislature to expand the scope of existing provisions in RCW 80.36.390, 80.36.400, and 19.158.020 regulating robocalls and telephone solicitations to prohibit abusive telephone communications that mislead or harm Washington residents.
(2) The legislature further finds that the most effective way to prevent illegal robocalling is to ensure that those calls never originate or enter the telephone network. Therefore, it is further the intent of the legislature to extend liability to those persons who provide substantial assistance or support in the origination and transmission of robocalls that violate RCW 80.36.400.
(3) It is also the intent of the legislature to:
(a) Include a provision in RCW 80.36.390 to prohibit the initiation of unwanted telephone calls to Washington telephone numbers on the do not call registry maintained by the federal government pursuant to the telemarketing sales rule, 16 C.F.R. Part 310, and related regulations; and
(b) Combat fraudulent or misleading caller identification." [ 2023 c 103 s 1.]
Legislative finding—1986 c 281: "The legislature finds that the use of automatic dialing and announcing devices for purposes of commercial solicitation: (1) Deprives consumers of the opportunity to immediately question a seller about the veracity of their claims; (2) subjects consumers to unwarranted invasions of their privacy; and (3) encourages inefficient and potentially harmful use of the telephone network. The legislature further finds that it is in the public interest to prohibit the use of automatic dialing and announcing devices for purposes of commercial solicitation." [ 1986 c 281 s 1.]

catchline: Automatic dialing and announcing device—Commercial solicitation by.


doc_type: statute

jurisdiction: wa

title: RCW 80.36.410

text:
(1) The legislature finds that universal telephone service is an important policy goal of the state. The legislature further finds that: (a) Recent changes in the telecommunications industry, such as federal access charges, raise concerns about the ability of low-income persons to continue to afford access to local exchange telephone service; and (b) many low-income persons making the transition to independence from receiving supportive services through community agencies do not qualify for economic assistance from the department.
(2) Therefore, the legislature finds that: (a) It is in the public interest to take steps to mitigate the effects of these changes on low-income persons; and (b) advances in telecommunications technologies, such as community service voice mail provide new and economically efficient ways to secure many of the benefits of universal service to low-income persons who are not customers of local exchange telephone service.
[ 2003 c 134 s 2; 2002 c 104 s 2; 1987 c 229 s 3.]
Notes:
Effective date—2003 c 134: See note following RCW 80.36.005.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Washington telephone assistance program—Findings.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 80.36.420

text:
The Washington telephone assistance program may be available to participants of programs set forth in RCW 80.36.470. Within funds specifically appropriated by the legislature for the Washington telephone assistance program, assistance may consist of the following components:
(1) A discount on service connection fees of fifty percent or more as set forth in RCW 80.36.460.
(2) A waiver of deposit requirements on local exchange service, as set forth in RCW 80.36.460.
(3) A discounted flat rate service for local exchange service, which is subject to the following conditions:
(a) The commission must establish a single telephone assistance rate for all local exchange companies operating in the state of Washington. The telephone assistance rate must include any federal end user charges and any other charges necessary to obtain local exchange service.
(b) The commission must, in establishing the telephone assistance rate, consider all charges for local exchange service, including federal end user charges, mileage charges, extended area service, and any other charges necessary to obtain local exchange service.
(c) The telephone assistance rate is only available to eligible customers subscribing to the lowest priced local exchange flat rate service, where the lowest priced local exchange flat rate service, including any federal end user charges and any other charges necessary to obtain local exchange service, is greater than the telephone assistance rate.
(d) The cost of providing the service must be paid, to the maximum extent possible, by a waiver of all or part of federal end user charges and, to the extent necessary, from the available appropriated funds.
(4) A discount on a community service voice mailbox that provides recipients with (a) an individually assigned telephone number; (b) the ability to record a personal greeting; and (c) a secure private security code to retrieve messages.
[ 2013 2nd sp.s. c 8 s 115; 2003 c 134 s 3; 1990 c 170 s 2; 1987 c 229 s 4.]
Notes:
Findings—Intent—Effective dates—2013 2nd sp.s. c 8: See notes following RCW 82.14B.040.
Effective date—2003 c 134: See note following RCW 80.36.005.

catchline: Washington telephone assistance program—Availability, components.


title: RCW 80.36.430

text:
Subject to the enactment into law of the 2013 amendments to RCW 82.14B.040 in section 103, chapter 8, Laws of 2013 2nd sp. sess., the 2013 amendments to RCW 82.14B.042 in section 104, chapter 8, Laws of 2013 2nd sp. sess., the 2013 amendments to RCW 82.14B.030 in section 105, chapter 8, Laws of 2013 2nd sp. sess., the 2013 amendments to RCW 82.14B.200 in section 106, chapter 8, Laws of 2013 2nd sp. sess., and the 2013 amendments to RCW 82.08.0289 in section 107, chapter 8, Laws of 2013 2nd sp. sess.:
(1) The Washington telephone assistance program is funded by the legislature by means of a biennial general fund appropriation to the department and by funds from any federal government or other programs for this purpose.
(2) Local exchange companies must bill the department for their expenses incurred in offering the telephone assistance program, including administrative and program expenses. The department must disburse the money to the local exchange companies. The department is exempted from having to conclude a contract with local exchange companies in order to effect this reimbursement. The department must recover its administrative costs. The department may specify by rule the range and extent of administrative and program expenses that will be reimbursed to local exchange companies.
(3) The department must enter into an agreement with the department of commerce for an amount not to exceed eight percent of the prior fiscal year's total revenue for the administrative and program expenses of providing community service voice mail services. The community service voice mail service may include toll-free lines in community action agencies through which recipients can access their community service voice mailboxes at no charge.
(4) The department shall enter into an agreement with the Washington information network 211 organization for operational support, subject to the availability of amounts appropriated for this purpose.
[ 2013 2nd sp.s. c 8 s 108; 2011 1st sp.s. c 50 s 968; 2011 c 5 s 919; 2010 1st sp.s. c 37 s 951; 2009 c 564 s 960; 2004 c 254 s 2; 2003 c 134 s 4; 1990 c 170 s 3; 1987 c 229 s 5.]
Notes:
Findings—Intent—Effective dates—2013 2nd sp.s. c 8: See notes following RCW 82.14B.040.
Effective dates—2011 1st sp.s. c 50: See note following RCW 15.76.115.
Effective date—2011 c 5: See note following RCW 43.03.220.
Effective date—2010 1st sp.s. c 37: See note following RCW 13.06.050.
Effective date—2009 c 564: See note following RCW 2.68.020.
Responsibility for collection of tax—Implementation—2004 c 254: See notes following RCW 43.20A.725.
Effective date—2004 c 254: See note following RCW 43.20A.725.
Effective date—2003 c 134: See note following RCW 80.36.005.

catchline: Washington telephone assistance program—Excise tax—Expenses of community service voice mail.


title: RCW 80.36.440

text:
(1) The commission and the department may adopt any rules necessary to implement RCW 80.36.410 through 80.36.470.
(2) Rules necessary for the implementation of community service voice mail services shall be made by the commission and the department in consultation with the department of commerce.
[ 2023 c 470 s 2127; 2003 c 134 s 5; 1990 c 170 s 4; 1987 c 229 s 6.]
Notes:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
Effective date—2003 c 134: See note following RCW 80.36.005.

catchline: Washington telephone assistance program—Rules.


title: RCW 80.36.450

text:
Within funds specifically appropriated by the legislature for the Washington telephone assistance program, the Washington telephone assistance program must limit reimbursement to one residential switched access line per eligible household, or one discounted community service voice mailbox per eligible person.
[ 2013 2nd sp.s. c 8 s 116; 2003 c 134 s 6; 1993 c 249 s 2; 1987 c 229 s 7.]
Notes:
Findings—Intent—Effective dates—2013 2nd sp.s. c 8: See notes following RCW 82.14B.040.
Effective date—2003 c 134: See note following RCW 80.36.005.
Effective date—1993 c 249: See note following RCW 80.36.005.

catchline: Washington telephone assistance program—Limitation.


title: RCW 80.36.460

text:
Local exchange companies must waive deposits on local exchange service for eligible subscribers and provide a fifty percent discount on the company's customary charge for commencing telecommunications service for eligible subscribers. The commission or other appropriate agency must make timely application for any available federal funds. The remaining portion of the connection fee to be paid by the subscriber must be expressly payable by installment fees spread over a period of months. A subscriber may, however, choose to pay the connection fee in a lump sum. Costs associated with the waiver and discount must be accounted for separately and recovered from the telephone assistance appropriation.
[ 2013 2nd sp.s. c 8 s 117; 2003 c 134 s 7; 1990 c 170 s 5; 1987 c 229 s 8.]
Notes:
Findings—Intent—Effective dates—2013 2nd sp.s. c 8: See notes following RCW 82.14B.040.
Effective date—2003 c 134: See note following RCW 80.36.005.

catchline: Washington telephone assistance program—Deposit waivers, connection fee discounts.


title: RCW 80.36.470

text:
(1) Adult recipients of department-administered programs for the financially needy which provide continuing financial or medical assistance, food stamps, or supportive services to persons in their own homes are eligible for participation in the telephone assistance program. The department must notify the participants of their eligibility.
(2) Participants in community service voice mail programs are eligible for participation in services available under RCW 80.36.420 (1), (2), and (3) after completing use of community service voice mail services. Eligibility must be for a period including the remainder of the current service year and the following service year. Community agencies must notify the department of participants eligible under this subsection.
(3) Enrollment in the Washington telephone assistance program may not result in expenditures that exceed the total amount of funds made available by the legislature for the Washington telephone assistance program. When the department finds that there is a danger of an overexpenditure of appropriated funds, the department must close the Washington telephone assistance program enrollment until the department finds the danger no longer exists.
[ 2013 2nd sp.s. c 8 s 118; 2003 c 134 s 8; 2002 c 104 s 3; 1990 c 170 s 6; 1987 c 229 s 9.]
Notes:
Findings—Intent—Effective dates—2013 2nd sp.s. c 8: See notes following RCW 82.14B.040.
Effective date—2003 c 134: See note following RCW 80.36.005.

catchline: Washington telephone assistance program—Eligibility.


title: RCW 80.36.500

text:
(1) As used in this section:
(a) "Information delivery services" means telephone recorded messages, interactive programs, or other information services that are provided for a charge to a caller through an exclusive telephone number prefix or service access code.
(b) "Information providers" means the persons or corporations that provide the information, prerecorded message, or interactive program for the information delivery service. The information provider generally receives a portion of the revenue from the calls.
(c) "Interactive program" means a program that allows an information delivery service caller, once connected to the information provider's announcement machine, to use the caller's telephone device to access more specific information.
(2) The utilities and transportation commission shall by rule require any local exchange company that offers information delivery services to a local telephone exchange to provide each residential telephone subscriber the opportunity to block access to all information delivery services offered through the local exchange company. The rule shall take effect by October 1, 1988.
(3) All costs of complying with this section shall be borne by the information providers.
(4) The local exchange company shall inform subscribers of the availability of the blocking service through a bill insert and by publication in a local telephone directory.
[ 1991 c 191 s 8; 1988 c 123 s 2.]
Notes:
Legislative finding, intent—1988 c 123: "(1) The legislature finds that throughout the state there is widespread use of information delivery services, which are also known as information-access telephone services and commonly provided on a designated telephone number prefix. These services operate on a charge-per-call basis, providing revenue for both the information provider and the local exchange company. The marketing practices for these telephone services have at times been misleading to consumers and at other times specifically directed toward minors. The result has been placement of calls by individuals, particularly by children, who are uninformed about the charges that might apply. In addition, children may have secured access to obscene, indecent, and salacious material through these services. The legislature finds that these services can be blocked by certain local exchange companies at switching locations, and that devices exist which allow for blocking within a residence. Therefore, the legislature finds that residential telephone users in the state are entitled to the option of having their phones blocked from access to information delivery services.
(2) It is the intent of the legislature that the utilities and transportation commission and local exchange companies, to the extent feasible, distinguish between information delivery services that are misleading to consumers, directed at minors, or otherwise objectionable and adopt policies and rules that accomplish the purposes of RCW 80.36.500 with the least adverse effect on information delivery services that are not misleading to consumers, directed at minors, or otherwise objectionable." [ 1988 c 123 s 1.]
Investigation and report by commission: "By October 1, 1988, the commission shall investigate and report to the committees on energy and utilities in the house of representatives and the senate on methods to protect minors from obscene, indecent, and salacious materials available through the use of information delivery services. The investigation shall include a study of personal identification numbers, credit cards, scramblers, and beep-tone devices as methods of limiting access." [ 1988 c 123 s 3.]
Severability—1988 c 123: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1988 c 123 s 4.]
Information delivery services: Chapter 19.162 RCW.

catchline: Information delivery services through exclusive number prefix or service access code.


title: RCW 80.36.510

text:
The legislature finds that a growing number of companies provide, in a nonresidential setting, telecommunications services necessary to long distance service without disclosing the services provided or the rate, charge or fee. The legislature finds that provision of these services without disclosure to consumers is a deceptive trade practice.
[ 1988 c 91 s 1.]

catchline: Legislative finding.


title: RCW 80.36.520

text:
The utilities and transportation commission shall by rule require, at a minimum, that any telecommunications company, operating as or contracting with an alternate operator services company, assure appropriate disclosure to consumers of the provision and the rate, charge or fee of services provided by an alternate operator services company.
For the purposes of this chapter, "alternate operator services company" means a person providing a connection to intrastate or interstate long-distance services from places including, but not limited to, hotels, motels, hospitals, and customer-owned pay telephones.
[ 1988 c 91 s 2.]

catchline: Disclosure of alternate operator services.


title: RCW 80.36.522

text:
All alternate operator service companies providing services within the state shall register with the commission as a telecommunications company before providing alternate operator services. The commission may deny an application for registration of an alternate operator services company if, after a hearing, it finds that the services and charges to be offered by the company are not for the public convenience and advantage. The commission may suspend the registration of an alternate operator services company if, after a hearing, it finds that the company does not meet the service or disclosure requirements of the commission. Any alternate operator services company that provides service without being properly registered with the commission shall be subject to a penalty of not less than five hundred dollars and not more than one thousand dollars for each and every offense. In case of a continuing offense, every day's continuance shall be a separate offense. The penalty shall be recovered in an action as provided in RCW 80.04.400.
[ 1990 c 247 s 2.]

catchline: Alternate operator service companies—Registration—Penalties.


title: RCW 80.36.524

text:
The commission may adopt rules that provide for minimum service levels for telecommunications companies providing alternate operator services. The rules may provide a means for suspending the registration of a company providing alternate operator services if the company fails to meet minimum service levels or if the company fails to provide appropriate disclosure to consumers of the protection afforded under this chapter.
[ 1990 c 247 s 3.]

catchline: Alternate operator service companies—Rules.


title: RCW 80.36.530

text:
In addition to the penalties provided in this title, a violation of RCW 80.36.510, 80.36.520, or 80.36.524 constitutes an unfair or deceptive act in trade or commerce in violation of chapter 19.86 RCW, the consumer protection act. Acts in violation of RCW 80.36.510, 80.36.520, or 80.36.524 are not reasonable in relation to the development and preservation of business, and constitute matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. It shall be presumed that damages to the consumer are equal to the cost of the service provided plus two hundred dollars. Additional damages must be proved.
[ 1990 c 247 s 4; 1988 c 91 s 3.]

catchline: Violation of consumer protection act—Damages.


title: RCW 80.36.540

text:
(1) As used in this section, "telefacsimile message" means the transmittal of electronic signals over telephone lines for conversion into written text.
(2) No person, corporation, partnership, or association shall initiate the unsolicited transmission of telefacsimile messages promoting goods or services for purchase by the recipient.
(3)(a) Except as provided in (b) of this subsection, this section shall not apply to telefacsimile messages sent to a recipient with whom the initiator has had a prior contractual or business relationship.
(b) A person shall not initiate an unsolicited telefacsimile message under the provisions of (a) of this subsection if the person knew or reasonably should have known that the recipient is a governmental entity.
(4) Notwithstanding subsection (3) of this section, it is unlawful to initiate any telefacsimile message to a recipient who has previously sent a written or telefacsimile message to the initiator clearly indicating that the recipient does not want to receive telefacsimile messages from the initiator.
(5) The unsolicited transmission of telefacsimile messages promoting goods or services for purchase by the recipient is a matter affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. The transmission of unsolicited telefacsimile messages is not reasonable in relation to the development and preservation of business. A violation of this section is an unfair or deceptive act in trade or commerce for the purpose of applying the consumer protection act, chapter 19.86 RCW. Damages to the recipient of telefacsimile messages in violation of this section are five hundred dollars or actual damages, whichever is greater.
(6) Nothing in this section shall be construed to prevent the Washington utilities and transportation commission from adopting additional rules regulating transmissions of telefacsimile messages.
[ 1990 c 221 s 1.]


title: RCW 80.36.555

text:
By January 1, 1997, or one year after enhanced 911 service becomes available or a private switch automatic location identification service approved by the Washington utilities and transportation commission is available from the serving local exchange telecommunications company, whichever is later, any private shared telecommunications services provider that provides service to residential customers shall assure that the telecommunications system is connected to the public switched network such that calls to 911 result in automatic location identification for each residential unit in a format that is compatible with the existing or planned county enhanced 911 system.
[ 1995 c 243 s 3.]
Notes:
Findings—1995 c 243: "The legislature finds that citizens of the state increasingly rely on the dependability of enhanced 911, a system that allows the person answering an emergency call to immediately determine the location of the emergency without the need of the caller to speak. The legislature further finds that in some cases, calls made from telephones connected to private telephone systems may not be precisely located by the answerer, eliminating some of the benefit of enhanced 911, and that this condition could additionally imperil citizens calling from these locations in an emergency. The legislature also finds that until national standards have been developed to address this condition, information-forwarding requirements should be mandated for only those settings with the most risk, including schools, residences, and some business settings." [ 1995 c 243 s 1.]
Severability—1995 c 243: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1995 c 243 s 12.]

catchline: Enhanced 911 service—Residential service required.


title: RCW 80.36.560

text:
By January 1, 1997, or one year after enhanced 911 service becomes available or a private switch automatic location identification service approved by the Washington utilities and transportation commission is available from the serving local exchange telecommunications company, whichever is later, any commercial shared services provider of private shared telecommunications services for hire or resale to the general public to multiple unaffiliated business users from a single system shall assure that such a system is connected to the public switched network such that calls to 911 result in automatic location identification for each telephone in a format that is compatible with the existing or planned county enhanced 911 system. This section shall apply only to providers of service to businesses containing a physical area exceeding twenty-five thousand square feet, or businesses on more than one floor of a building, or businesses in multiple buildings.
[ 1995 c 243 s 5.]
Notes:
Findings—Severability—1995 c 243: See notes following RCW 80.36.555.

catchline: Enhanced 911 service—Business service required.


title: RCW 80.36.570

text:
(1) A wireless telecommunications provider must provide information in its possession concerning the current or most recent location of a telecommunications device and call information of a user of the device when requested by a law enforcement agency. A law enforcement agency must meet the following requirements:
(a) The law enforcement officer making the request on behalf of the law enforcement agency must be on duty during the course of his or her official duties at the time of the request;
(b) The law enforcement agency must verify there is no relationship or conflict of interest between the law enforcement officer responding, investigating or making the request, and either the person requesting the call location information or the person for whom the call location information is being requested;
(c) A law enforcement agency may only request this information when, in the law enforcement officer's exercise of reasonable judgment, he or she believes that the individual is in an emergency situation that involves the risk of death or serious physical harm and requires disclosure without a delay of information relating to the emergency;
(d) Concurrent to making a request, the responding law enforcement agency must check the federal bureau of investigation's national crime information center and any other available databases to identify if either the person requesting the call location information or the person for whom the call location information is being requested has any history of domestic violence or any court order restricting contact by a respondent;
(e) Concurrent to making a request, the responding law enforcement agency must also check with the Washington state patrol to identify if either the person requesting the call location information or the person for whom the call location information is being requested is participating in the address confidentiality program established in chapter 40.24 RCW. The secretary of state must make name information available to the Washington state patrol from the address confidentiality program as required under RCW 40.24.070. The Washington state patrol must not further disseminate list information except on an individual basis to respond to a request under this section;
(f) If the responding law enforcement agency identifies or has reason to believe someone has a history of domestic violence or stalking, has a court order restricting contact, or if the Washington state patrol identifies someone as participating in the address confidentiality program, then the law enforcement agency must not provide call location information to the individual who requested the information, unless pursuant to the order of a court of competent jurisdiction. A law enforcement agency may not disclose information obtained under this section to any other party except first responders responding to the emergency situation; and
(g) A law enforcement agency may not request information under this section for any purpose other than responding to a call for emergency services or in an emergency situation that involves the risk of death or serious physical harm.
(2) A wireless telecommunications provider may establish protocols by which the carrier discloses call location information to law enforcement.
(3) No cause of action may be brought in any court against any wireless telecommunications provider, its officers, employees, agents, or other specified persons for providing call location information while acting in good faith and in accordance with the provisions of this section.
(4) All wireless telecommunications providers registered to do business in the state of Washington and all resellers of wireless telecommunications services shall submit their emergency contact information to the Washington state patrol in order to facilitate requests from a law enforcement agency for call location information in accordance with this section. Any change in contact information must be submitted immediately.
(5) The Washington state patrol must maintain a database containing emergency contact information for all wireless telecommunications providers registered to do business in the state of Washington and must make the information immediately available upon request to facilitate a request from law enforcement for call location information under this section.
(6) The Washington state patrol may adopt by rule criteria for fulfilling the requirements of this section.
[ 2015 c 190 s 1.]
Notes:
Short title—2015 c 190: "This act may be known and cited as the Kelsey Smith act." [ 2015 c 190 s 3.]

catchline: Law enforcement—Requests for call location information—Requirements.


title: RCW 80.36.610

text:
(1) The commission is authorized to take actions, conduct proceedings, and enter orders as permitted or contemplated for a state commission under the federal telecommunications act of 1996, P.L. 104-104 (110 Stat. 56), but the commission's authority to either establish a new state program or to adopt new rules to preserve and advance universal service under section 254(f) of the federal act is limited to the actions expressly authorized by RCW 80.36.600. The commission may establish by rule fees to be paid by persons seeking commission action under the federal act, and by parties to proceedings under that act, to offset in whole or part the commission's expenses that are not otherwise recovered through fees in implementing the act, but new fees or assessments charged telecommunications carriers to either establish a state program or to adopt rules to preserve and advance universal service under section 254(f) of the federal act do not take effect until the legislature has approved a state universal service program.
(2) The legislature intends that under the future universal service program established in this state:
(a) Every telecommunications carrier that provides intrastate telecommunications services shall contribute, on an equitable and nondiscriminatory basis, to the preservation and advancement of universal service in the state;
(b) The contributions shall be competitively and technologically neutral; and
(c) The universal service program to be established in accordance with RCW 80.36.600 shall not be inconsistent with the requirements of 47 U.S.C. Sec. 254.
[ 1998 c 337 s 2; (2013 2nd sp.s. c 8 s 209 expired July 1, 2025).]
Notes:
Expiration date—2019 c 365; 2013 2nd sp.s. c 8 s 209: "Section 209 of this act expires July 1, 2025." [ 2019 c 365 s 20; 2013 2nd sp.s. c 8 s 303.]
Utilities and transportation commission report—Rule making—2019 c 365—2013 2nd sp.s. c 8: "(1) By December 1, 2024, and in compliance with RCW 43.01.036, the Washington utilities and transportation commission may report to the appropriate committees of the legislature, on the following: (a) Whether funding levels for each small telecommunications company have been adequate to maintain reliable universal service; (b) the future impacts on small telecommunications companies from the elimination of funding under this act [chapter 8, Laws of 2013 2nd sp. sess.]; (c) the impacts on customer rates from the current level of funding and the future impacts when the funding terminates under this act [chapter 8, Laws of 2013 2nd sp. sess.]; and (d) the impacts on line and service delivery investments when the funding is terminated under this act [chapter 8, Laws of 2013 2nd sp. sess.]. The report may also include an analysis of the need for future program funding and recommendations on potential funding mechanisms to improve the availability of communications services, including broadband service, in unserved areas. Commission expenses related to conducting all analysis in preparation of this report must be expended from the universal communications services account.
(2) The Washington utilities and transportation commission must initiate a rule making to reform the state universal communications services program no later than ninety days following May 13, 2019. The rule making must address adding broadband as a supported service and, consistent with the size of the fund, establishing:
(a) Broadband provider eligibility;
(b) Service performance and buildout requirements for funding recipients;
(c) Support amounts for maintaining systems that meet federal or state broadband speed guidelines; and
(d) Methods to effectively and efficiently distribute program support to eligible providers." [ 2019 c 365 s 18; 2013 2nd sp.s. c 8 s 212.]
Findings—Intent—2013 2nd sp.s. c 8: "(1) The legislature finds that:
(a) The benefit that all consumers and communications providers derive from connection to the legacy public telephone network is enhanced by a universal service program that enables as many consumers to be connected to the public network as possible; and
(b) Consumers in all areas of the state should continue to have access to communications services at reasonable rates.
(2) The state has long relied on incumbent local exchange carriers to provide a ubiquitous incumbent public network as carriers of last resort. Significant changes are occurring in the communications marketplace, including: (a) The migration from customer reliance on access lines for voice service to the use of broadband for a number of communications applications; and (b) changes in federal regulations governing: How communications providers compensate other providers for the use of the network; and eligibility for federal universal service funds. These changes are adversely affecting the ability of some communications providers to continue to offer communications services in rural areas of the state of Washington at rates that are comparable to those prevailing in urban areas. These changes, absent explicit federal and state universal service support for such communications providers, may lead, in the short term, to unreasonable telephone service rate increases or cessation of service for some Washington consumers. Therefore, it is in the best interest of the state to ensure that incumbent local exchange carriers are able to continue to provide services as the carrier of last resort.
(3) As a result of the foregoing and to enable all consumers in Washington to access and benefit from a ubiquitous public network, the legislature intends to create a targeted and temporary universal service program that supports the legacy public telephone network of Washington's smaller incumbent communications providers and ensures access to the network during this transition to broadband services, is operated in a transparent manner pursuant to rules adopted by the utilities and transportation commission, and advances universal service in a manner not inconsistent with the requirements of 47 U.S.C. Sec. 254, the federal telecommunications act of 1996." [ 2013 2nd sp.s. c 8 s 201.]
Effective date—2013 2nd sp.s. c 8: "Sections 201 through 206, 208, 209, and 211 of this act take effect July 1, 2014." [ 2013 2nd sp.s. c 8 s 302.]

catchline: Universal service program—Authority of commission—Rules—Fees—Legislative intent.


title: RCW 80.36.710

text:
(1) The digital equity account is created in the state treasury. Moneys in the account may be spent only after appropriation.
(2) Any amounts appropriated by the legislature to the account, private contributions, or any other source directed to the account, must be deposited into the account. Funds from sources outside the state, from private contributions, federal or other sources may be directed to the specific purposes of the digital equity opportunity program or digital equity planning grant program.
(3) The legislature may appropriate moneys in the account only for the purposes of:
(a) RCW 43.330.412, the digital equity opportunity program; and
(b) RCW 43.330.5393, the digital equity planning grant program.
[ 2022 c 265 s 401.]
Notes:
Effective date—2022 c 265 ss 101, 102, 301-305, and 401: See note following RCW 43.330.530.
Short title—Findings—Intent—2022 c 265: See notes following RCW 43.330.539.

catchline: Digital equity account.


title: RCW 80.36.850

text:
As used in RCW 80.36.855, "extended area service" means the ability to call from one exchange to another exchange without incurring a toll charge.
[ 1989 c 282 s 2.]
Notes:
Policy—Program limitations—Report to legislative committees—Program expiration—1989 c 282: See notes following RCW 80.36.855.

catchline: Extended area service defined.


title: RCW 80.36.855

text:
Any business, resident, or community may petition for and shall receive extended area service within the service territory of the local exchange company that provides service to the petitioner under the following conditions:
(1) Any customer, business or residential, interested in obtaining extended area service in their community must collect and submit to the commission the signatures of a representative majority of affected customers in the community. A "representative majority" for purposes of this section consists of fifteen percent of the access lines in that community;
(2) After receipt of the signatures, the commission shall authorize a study to be conducted by the affected local exchange company in order to determine whether a community of interest exists for the implementation of extended area service. For purposes of this section a community of interest shall be found if the average number of calls per customer per month from the area petitioning for extended area service to the area to which extended area service will be implemented is at least five;
(3) If a community of interest exists, the commission shall then calculate any increased rate that would be applied to the area which would have extended area service granted to it. This rate shall be based on the charges to a rate group having the same or similar calling capability as set forth in the tariffs of the local exchange telecommunications company involved;
(4) The affected telecommunications company shall be given the opportunity to propose an alternative plan that might be priced differently and that plan shall be included in the poll of subscribers as an alternative under subsection (5) of this section;
(5) After determining the amount of any additional rate, the commission shall notify the subscribers who will be affected by the increased rate and conduct a poll of those subscribers. If a simple majority votes its approval the commission shall order extended area service; and
(6) Any extended area service program adopted pursuant to this section shall be considered experimental and not binding on the commission in subsequent extended area service proceedings. If an extended area service program adopted pursuant to this section results in a revenue deficiency for a local exchange company, the commission shall allocate the resulting revenue requirement in a manner which produces fair, just and reasonable rates for all classes of customers.
[ 1989 c 282 s 3.]
Notes:
Policy—1989 c 282: "Universal telephone service for the people of the state of Washington is a policy goal of the legislature and has been enacted previously into Washington law. Access to universal and affordable telephone service enhances the economic and social well-being of Washington citizens." [ 1989 c 282 s 1.]
Program limitations—Report to legislative committees—1989 c 282: "The pilot program specified in sections 2 and 3 of this act applies only to extended area service petitions which meet the conditions under section 3 of this act, and have been filed with the commission by January 1, 1989. Any petitions for extended area service filed after January 1, 1989, shall be addressed under terms and conditions determined by the commission. By December 1, 1990, the commission shall submit to the energy and utilities committees of the house of representatives and the senate a report on extended area service. The report shall include:
(1) The status of any experimental, pilot program which provides extended area service developed under this section, and whether such an experimental, pilot program approach should continue to be made available;
(2) The status of all extended area service petitions pending at the commission;
(3) Commission action on the recommendations of the local extended calling advisory committee; and
(4) Commission recommendations for any other legislation addressing the issue of extended area service." [ 1989 c 282 s 4.] Section 2 of this act is the enactment of RCW 80.36.850. Section 3 of this act is the enactment of RCW 80.36.855.
Program expiration—1989 c 282: "The extended area service program under sections 2 through 5 of this act shall expire on December 1, 1990, except for any extended area service obtained by any business residence or community and put in place under section 3 of this act." [ 1989 c 282 s 5.]

catchline: Extended area service program.


title: RCW 80.40.010

text:
As used in this chapter, unless specifically defined otherwise or unless the context indicates otherwise:
"Commission" shall mean the Washington utilities and transportation commission;
"Committee" shall mean the oil and gas conservation committee established by *RCW 78.52.020;
"Natural gas" shall mean gas either in the earth in its original state or after the same has been produced by removal therefrom of component parts not essential to its use for light and fuel;
"Natural gas company" shall mean every corporation, company, association, joint stock association, partnership or person authorized to do business in this state and engaged in the transportation, distribution, or underground storage of natural gas;
"Underground reservoir" shall mean any subsurface sand, strata, formation, aquifer, cavern or void whether natural or artificially created, suitable for the injection and storage of natural gas therein and the withdrawal of natural gas therefrom;
"Underground storage" shall mean the process of injecting and storing natural gas within and withdrawing natural gas from an underground reservoir: PROVIDED, The withdrawal of gas from an underground reservoir shall not be deemed a taking or producing within the terms of RCW 82.04.100.
[ 1963 c 201 s 2.]
Notes:
*Reviser's note: RCW 78.52.020 was repealed by 1994 sp.s. c 9 s 869, effective July 1, 1994.

catchline: Definitions.


title: RCW 80.40.020

text:
The underground storage of natural gas will promote the economic development of the state and provide for more economic distribution of natural gas to the domestic, commercial and industrial consumers of this state, thereby serving the public interest.
[ 1963 c 201 s 3.]

catchline: Declaration concerning the public interest.


title: RCW 80.40.030

text:
Any natural gas company having received an order under RCW 80.40.040 shall have the right of eminent domain to be exercised in the manner provided in and subject to the provisions of chapter 8.20 RCW to acquire for its use for the underground storage of natural gas any underground reservoir, as well as such other property or interests in property as may be required to adequately maintain and utilize the underground reservoir for the underground storage of natural gas, including easements and rights-of-way for access to and egress from the underground storage reservoir. The right of eminent domain granted hereby shall apply to property or property interests held in private ownership, provided condemnor has exercised good faith in negotiations for private sale or lease. No property shall be taken or damaged until the compensation to be made therefor shall have been ascertained and paid. Any property or interest therein so acquired by any natural gas company shall be used exclusively for the purposes for which it was acquired. Any decree of appropriation hereunder shall define and limit the rights condemned and shall provide for the reversion of such rights to the defendant or defendants or their successors in interest upon abandonment of the underground storage project. Good faith exploration work or development work relative to the storage reservoir is conclusive evidence that its use has not been abandoned. The court may include in such decree such other relevant conditions, covenants and restrictions as it may deem fair and equitable.
[ 1963 c 201 s 4.]

catchline: Eminent domain.


title: RCW 80.40.040

text:
Any natural gas company desiring to exercise the right of eminent domain to condemn any property or interest in property for the underground storage of natural gas shall first make application to the *oil and gas conservation committee for an order approving the proposed project. Notice of such application shall be given by the committee to the utilities and transportation commission, to the director of ecology, to the commissioner of public lands, and to all other persons known to have an interest in the property to be condemned. Said notice shall be given in the manner provided by RCW 8.20.020 as amended. The committee shall publish notice of said application at least once each week for three successive weeks in some newspaper of general circulation in the county or counties where the proposed underground storage project is located. If no written requests for hearing on the application are received by the committee within forty-five days from the date of service of notice of the application and publication thereof, the committee may proceed without hearing and issue its order. If a hearing is requested, a public hearing on the application will be held within the county or one of the counties where the proposed underground storage project is located. Any order approving the proposed underground storage project shall contain findings that (1) the underground storage of natural gas in the lands or property sought to be condemned is in the public interest and welfare; (2) the underground reservoir is reasonably practicable, and the applicant has complied with all applicable oil and gas conservation laws of the state of Washington; (3) the underground reservoir sought to be condemned is nonproductive of economically recoverable valuable minerals or materials, or of oil or gas in commercial quantities under either primary or secondary recovery methods, and nonproductive of fresh water in commercial quantities with feasible and reasonable pumping lift; (4) the natural gas company has acquired the right by grant, lease or other agreement to store natural gas under at least sixty-five percent of the area of the surface of the land under which such proposed underground storage reservoir extends; (5) the natural gas company carries public liability insurance or has deposited collateral in amounts satisfactory to the committee or has furnished a financial statement showing assets in a satisfactory amount, to secure payment of any liability resulting from any occurrence arising out of or caused by the operation or use of any underground reservoir or facilities incidental thereto; (6) the underground storage project will not injure, pollute, or contaminate any usable freshwater resources; (7) the underground storage project will not injure, interfere with, or endanger any mineral resources or the development or extraction thereof. The order of the committee may be reviewed in the manner provided by chapter 34.05 RCW: PROVIDED, That if an appeal is not commenced within thirty days of the date of the order of the committee, the same shall be final and conclusive.
[ 1988 c 127 s 35; 1963 c 201 s 5.]
Notes:
*Reviser's note: The duties of the oil and gas conservation committee were transferred to the department of natural resources by 1994 sp.s. c 9, effective July 1, 1994.

catchline: Eminent domain—Application to *oil and gas conservation committee prerequisite to eminent domain—Procedure.


title: RCW 80.40.050

text:
All natural gas in an underground reservoir utilized for underground storage, whether acquired by eminent domain or otherwise, shall at all times be the property of the natural gas company utilizing said underground storage, its heirs, successors, or assigns; and in no event shall such gas be subject to any right of the owner of the surface of the land under which said underground reservoir lies or of the owner of any mineral interest therein or of any person other than the said natural gas company, its heirs, successors and assigns to release, produce, take, reduce to possession, or otherwise interfere with or exercise any control thereof: PROVIDED, That the right of condemnation hereby granted shall be without prejudice to the rights of the owner of the condemned lands or of the rights and interest therein to drill or bore through the underground reservoir in such a manner as shall protect the underground reservoir against pollution and against the escape of natural gas in a manner which complies with the orders, rules and regulations of the *oil and gas conservation committee issued for the purpose of protecting underground storage and shall be without prejudice to the rights of the owners of said lands or other rights or interests therein as to all other uses thereof. The additional cost of complying with regulations or orders to protect the underground storage shall be paid by the condemnor.
[ 1963 c 201 s 6.]
Notes:
*Reviser's note: The duties of the oil and gas conservation committee were transferred to the department of natural resources by 1994 sp.s. c 9, effective July 1, 1994.

catchline: Rights of company using storage—Rights of owners of condemned land and interests therein.


title: RCW 80.40.060

text:
The commissioner of public lands is authorized to lease public lands, property, or any interest therein for the purpose of underground storage of natural gas. Any such lease shall be upon such terms and conditions as the said commissioner may deem for the best interests of the state and as are customary and proper for the protection of the rights of the state and of the lessee and of the owners of the surface of the leased lands, and may be for such primary term as said commissioner may determine and as long thereafter as the lessee continues to use such lands, property, or interest therein for underground storage of gas.
[ 1963 c 201 s 7.]

catchline: Leases by commissioner of public lands.


title: RCW 80.40.070

text:
Whenever it shall appear to the board of county commissioners of any county that it is for the best interests of said county, the taxing districts and the people thereof, that any county-owned or tax-acquired property owned by the county, either absolutely or as trustee, should be leased for the purpose of underground storage of natural gas therein, said board of county commissioners is hereby authorized to enter into written leases under the terms of which any county-owned lands, property, or interest therein are leased for the aforementioned purposes, with or without an option to purchase the land surface. Any such lease shall be upon such terms and conditions as said county commissioners may deem for the best interests of said county and the taxing districts, and may be for such primary term as said board may determine and as long thereafter as the lessee continues to use the said lands, property, or interest therein for underground storage of natural gas.
[ 1963 c 201 s 8.]

catchline: Leases by county commissioners.


title: RCW 80.40.900

text:
This act shall be known as the "underground natural gas storage act."
[ 1963 c 201 s 9.]

catchline: Short title.


title: RCW 80.40.910

text:
It is intended that the provisions of this chapter shall be liberally construed to accomplish the purposes authorized and provided for.
[ 1963 c 201 s 10.]

catchline: Chapter to be liberally construed.


title: RCW 80.50.010

text:
The legislature finds that the present and predicted growth in energy demands in the state of Washington requires a procedure for the selection and use of sites for energy facilities and the identification of a state position with respect to each proposed site. The legislature recognizes that the selection of sites will have a significant impact upon the welfare of the population, the location and growth of industry and the use of the natural resources of the state.
It is the policy of the state of Washington to reduce dependence on fossil fuels by recognizing the need for clean energy in order to strengthen the state's economy, meet the state's greenhouse gas reduction obligations, and mitigate the significant near-term and long-term impacts from climate change while conducting a public process that is transparent and inclusive to all with particular attention to overburdened communities.
The legislature finds that the in-state manufacture of industrial products that enable a clean energy economy is critical to advancing the state's objectives in providing affordable electricity, promoting renewable energy, strengthening the state's economy, and reducing greenhouse gas emissions. Therefore, the legislature intends to provide the council with additional authority regarding the siting of clean energy product manufacturing facilities.
It is the policy of the state of Washington to recognize the pressing need for increased energy facilities, and to ensure through available and reasonable methods that the location and operation of all energy facilities and certain clean energy product manufacturing facilities will produce minimal adverse effects on the environment, ecology of the land and its wildlife, and the ecology of state waters and their aquatic life.
It is the intent to seek courses of action that will balance the increasing demands for energy facility location and operation in conjunction with the broad interests of the public. In addition, it is the intent of the legislature to streamline application review for energy facilities to meet the state's energy goals and to authorize applications for review of certain clean energy product manufacturing facilities to be considered under the provisions of this chapter.
Such action will be based on these premises:
(1) To assure Washington state citizens that, where applicable, operational safeguards are at least as stringent as the criteria established by the federal government and are technically sufficient for their welfare and protection.
(2) To preserve and protect the quality of the environment; to enhance the public's opportunity to enjoy the esthetic and recreational benefits of the air, water and land resources; to promote air cleanliness; to pursue beneficial changes in the environment; and to promote environmental justice for overburdened communities.
(3) To encourage the development and integration of clean energy sources.
(4) To provide abundant clean energy at reasonable cost.
(5) To avoid costs of complete site restoration and demolition of improvements and infrastructure at unfinished fission nuclear energy sites, and to use unfinished fission nuclear energy facilities for public uses, including economic development, under the regulatory and management control of local governments and port districts.
(6) To avoid costly duplication in the siting process and ensure that decisions are made timely and without unnecessary delay while also encouraging meaningful public comment and participation in energy facility decisions.
[ 2025 c 261 s 1; 2022 c 183 s 1; 2001 c 214 s 1; 1996 c 4 s 1; 1975-'76 2nd ex.s. c 108 s 29; 1970 ex.s. c 45 s 1.]
Notes:
Effective date—2022 c 183: "This act takes effect June 30, 2022." [ 2022 c 183 s 24.]
Severability—2001 c 214: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2001 c 214 s 33.]
Effective date—2001 c 214: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 8, 2001]." [ 2001 c 214 s 34.]
Findings—2001 c 214: See note following RCW 39.35.010.
Severability—Effective date—1975-'76 2nd ex.s. c 108: See notes following RCW 43.21F.010.
Nuclear power facilities, joint operation: Chapter 54.44 RCW.
State energy office: Chapter 43.21F RCW.

catchline: Legislative finding—Policy—Intent.


title: RCW 80.50.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Alternative energy resource" includes energy facilities of the following types: (a) Wind; (b) solar energy; (c) geothermal energy; (d) renewable natural gas; (e) wave or tidal action; (f) biomass energy based on solid organic fuels from wood, forest, or field residues, or dedicated energy crops that do not include wood pieces that have been treated with chemical preservatives such as creosote, pentachlorophenol, or copper-chrome-arsenic; or (g) renewable or green electrolytic hydrogen.
(2) "Applicant" means any person who makes application for a site certification pursuant to the provisions of this chapter.
(3) "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.
(4) "Associated facilities" means storage, transmission, handling, or other related and supporting facilities connecting an energy plant with the existing energy supply, processing, or distribution system, including, but not limited to, communications, controls, mobilizing or maintenance equipment, instrumentation, and other types of ancillary transmission equipment, off-line storage or venting required for efficient operation or safety of the transmission system and overhead, and surface or subsurface lines of physical access for the inspection, maintenance, and safe operations of the transmission facility and new transmission lines constructed to operate at nominal voltages of at least 115,000 volts to connect a thermal power plant or alternative energy facilities to the northwest power grid. However, common carrier railroads or motor vehicles shall not be included.
(5) "Biofuel" means a liquid or gaseous fuel derived from organic matter including, but not limited to, biodiesel, renewable diesel, ethanol, renewable natural gas, and renewable propane.
(6) "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 80.50.040 as now or hereafter amended as conditions to be met prior to or concurrent with the construction or operation of any energy facility.
(7) "Clean energy product manufacturing facility" means a facility that exclusively or primarily manufactures the following products or components primarily used by such products:
(a) Vehicles, vessels, and other modes of transportation that emit no exhaust gas from the onboard source of power, other than water vapor;
(b) Charging and fueling infrastructure for electric, hydrogen, or other types of vehicles that emit no exhaust gas from the onboard source of power, other than water vapor;
(c) Renewable or green electrolytic hydrogen, including preparing renewable or green electrolytic hydrogen for distribution as an energy carrier or manufacturing feedstock, or converting it to a green hydrogen carrier;
(d) Equipment and products used to produce energy from alternative energy resources; and
(e) Equipment and products used at storage facilities.
(8) "Construction" means on-site improvements, excluding exploratory work, which cost in excess of $250,000.
(9) "Council" means the energy facility site evaluation council created by RCW 80.50.030.
(10) "Counsel for the environment" means an assistant attorney general or a special assistant attorney general who shall represent the public in accordance with RCW 80.50.080.
(11) "Director" means the director of the energy facility site evaluation council appointed by the chair of the council in accordance with RCW 80.50.360.
(12) "Electrical transmission facilities" means electrical power lines and related equipment.
(13) "Energy facility" means an energy plant or transmission facilities: PROVIDED, That the following are excluded from the provisions of this chapter:
(a) Facilities for the extraction, conversion, transmission or storage of water, other than water specifically consumed or discharged by energy production or conversion for energy purposes; and
(b) Facilities operated by and for the armed services for military purposes or by other federal authority for the national defense.
(14) "Energy plant" means the following facilities together with their associated facilities:
(a) Any fission nuclear power facility where the primary purpose is to produce and sell electricity;
(b) Any nonnuclear stationary thermal power plant with generating capacity of 350,000 kilowatts or more, measured using maximum continuous electric generating capacity, less minimum auxiliary load, at average ambient temperature and pressure, and floating thermal power plants of 100,000 kilowatts or more suspended on the surface of water by means of a barge, vessel, or other floating platform;
(c) Facilities which will have the capacity to receive liquefied natural gas in the equivalent of more than 100,000,000 standard cubic feet of natural gas per day, which has been transported over marine waters;
(d) Facilities which will have the capacity to receive more than an average of 50,000 barrels per day of crude or refined petroleum or liquefied petroleum gas which has been or will be transported over marine waters, except that the provisions of this chapter shall not apply to storage facilities unless occasioned by such new facility construction;
(e) Any underground reservoir for receipt and storage of natural gas as defined in RCW 80.40.010 capable of delivering an average of more than 100,000,000 standard cubic feet of natural gas per day; and
(f) Facilities capable of processing more than 25,000 barrels per day of petroleum or biofuel into refined products except where such biofuel production is undertaken at existing industrial facilities.
(15)(a) "Green electrolytic hydrogen" means hydrogen produced through electrolysis.
(b) "Green electrolytic hydrogen" does not include hydrogen manufactured using steam reforming or any other conversion technology that produces hydrogen from a fossil fuel feedstock.
(16) "Green hydrogen carrier" means a chemical compound, created using electricity or renewable resources as energy input and without use of fossil fuel as a feedstock, from renewable hydrogen or green electrolytic hydrogen for the purposes of transportation, storage, and dispensing of hydrogen.
(17) "Independent consultants" means those persons who have no financial interest in the applicant's proposals and who are retained by the council to evaluate the applicant's proposals, supporting studies, or to conduct additional studies.
(18) "Land use plan" means a comprehensive plan or land use element thereof adopted by a unit of local government pursuant to chapter 35.63, 35A.63, 36.70, or 36.70A RCW, or as otherwise designated by chapter 325, Laws of 2007.
(19) "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.
(20) "Preapplicant" means a person considering applying for a site certificate agreement for any facility.
(21) "Preapplication process" means the process which is initiated by written correspondence from the preapplicant to the council, and includes the process adopted by the council for consulting with the preapplicant and with federally recognized tribes, cities, towns, and counties prior to accepting applications for any facility.
(22) "Renewable hydrogen" means hydrogen produced using renewable resources both as the source for the hydrogen and the source for the energy input into the production process.
(23) "Renewable natural gas" means a gas consisting largely of methane and other hydrocarbons derived from the decomposition of organic material in landfills, wastewater treatment facilities, and anaerobic digesters.
(24) "Renewable resource" means: (a) Water; (b) wind; (c) solar energy; (d) geothermal energy; (e) renewable natural gas; (f) renewable hydrogen; (g) wave, ocean, or tidal power; (h) biodiesel fuel that is not derived from crops raised on land cleared from old growth or first growth forests; or (i) biomass energy.
(25) "Secretary" means the secretary of the United States department of energy.
(26) "Site" means any proposed or approved location of an energy facility, alternative energy resource, clean energy product manufacturing facility, or electrical transmission facility.
(27) "Storage facility" means a plant that: (a) Accepts electricity as an energy source and uses a chemical, thermal, mechanical, or other process to store energy for subsequent delivery or consumption in the form of electricity; or (b) stores renewable hydrogen, green electrolytic hydrogen, or a green hydrogen carrier for subsequent delivery or consumption.
(28) "Thermal power plant" means, for the purpose of certification, any electrical generating facility using any fuel for distribution of electricity by electric utilities.
(29) "Transmission facility" means any of the following together with their associated facilities:
(a) Crude or refined petroleum or liquid petroleum product transmission pipeline of the following dimensions: A pipeline larger than six inches minimum inside diameter between valves for the transmission of these products with a total length of at least 15 miles;
(b) Natural gas, synthetic fuel gas, or liquefied petroleum gas transmission pipeline of the following dimensions: A pipeline larger than 14 inches minimum inside diameter between valves, for the transmission of these products, with a total length of at least 15 miles for the purpose of delivering gas to a distribution facility, except an interstate natural gas pipeline regulated by the United States federal energy regulatory commission.
(30) "Zoning ordinance" means an ordinance of a unit of local government regulating the use of land and adopted pursuant to chapter 35.63, 35A.63, 36.70, or 36.70A RCW or Article XI of the state Constitution, or as otherwise designated by chapter 325, Laws of 2007.
[ 2025 c 261 s 2. Prior: 2022 c 183 s 2; 2021 c 317 s 17; prior: 2010 c 152 s 1; 2007 c 325 s 1; prior: 2006 c 205 s 1; 2006 c 196 s 1; 2001 c 214 s 3; 1995 c 69 s 1; 1977 ex.s. c 371 s 2; 1975-'76 2nd ex.s. c 108 s 30; 1970 ex.s. c 45 s 2.]
Notes:
Effective date—2022 c 183: See note following RCW 80.50.010.
Severability—2021 c 317: See note following RCW 70A.535.005.
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.
Severability—Effective date—1975-'76 2nd ex.s. c 108: See notes following RCW 43.21F.010.


title: RCW 80.50.030

text:
(1) The energy facility site evaluation council is created and established.
(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 s 3. Prior: 2010 c 271 s 601; 2010 c 152 s 2; 2001 c 214 s 4; 1996 c 186 s 108; prior: 1994 c 264 s 75; 1994 c 154 s 315; 1990 c 12 s 3; 1988 c 36 s 60; 1986 c 266 s 51; prior: 1985 c 466 s 71; 1985 c 67 s 1; 1985 c 7 s 151; prior: 1984 c 125 s 18; 1984 c 7 s 372; 1977 ex.s. c 371 s 3; 1975-'76 2nd ex.s. c 108 s 31; 1974 ex.s. c 171 s 46; 1970 ex.s. c 45 s 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 s 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.

catchline: Energy facility site evaluation council—Created—Membership—Quorum.


title: RCW 80.50.040

text:
The council shall have the following powers:
(1) To adopt, promulgate, amend, or rescind suitable rules and regulations, pursuant to chapter 34.05 RCW, to carry out the provisions of this chapter, and the policies and practices of the council in connection therewith;
(2) To develop and apply environmental and ecological guidelines in relation to the type, design, location, construction, initial operational conditions of certification, and ongoing regulatory oversight under the regulatory authority established in this chapter of energy facilities subject to this chapter;
(3) To establish rules of practice for the conduct of public hearings pursuant to the provisions of the Administrative Procedure Act, as found in chapter 34.05 RCW;
(4) To prescribe the form, content, and necessary supporting documentation for site certification;
(5) To receive applications for energy facility locations and to investigate the sufficiency thereof;
(6) To enter into contracts to carry out the provisions of this chapter;
(7) To conduct hearings on the proposed location and operational conditions of the energy facilities under the regulatory authority established in this chapter;
(8) To prepare written reports to the governor which shall include: (a) A statement indicating whether the application is in compliance with the council's guidelines, (b) criteria specific to the site and transmission line routing, (c) a council recommendation as to the disposition of the application, and (d) a draft certification agreement when the council recommends approval of the application;
(9) To prescribe the means for monitoring of the effects arising from the construction and the operation of energy facilities to assure continued compliance with terms of certification and/or permits issued by the council pursuant to chapter 90.48 RCW or subsection (12) of this section: PROVIDED, That any on-site inspection required by the council shall be performed by other state agencies pursuant to interagency agreement: PROVIDED FURTHER, That the council may retain authority for determining compliance relative to monitoring;
(10) To integrate its site evaluation activity with activities of federal agencies having jurisdiction in such matters to avoid unnecessary duplication;
(11) To present state concerns and interests to other states, regional organizations, and the federal government on the location, construction, and operation of any energy facility which may affect the environment, health, or safety of the citizens of the state of Washington;
(12) To issue permits in compliance with applicable provisions of the federally approved state implementation plan adopted in accordance with the Federal Clean Air Act, as now existing or hereafter amended, for the new construction, reconstruction, or enlargement or operation of energy facilities: PROVIDED, That such permits shall become effective only if the governor approves an application for certification and executes a certification agreement pursuant to this chapter: AND PROVIDED FURTHER, That all such permits be conditioned upon compliance with all provisions of the federally approved state implementation plan which apply to energy facilities covered within the provisions of this chapter; and
(13) To serve as an interagency coordinating body for energy-related issues.
[ 2022 c 183 s 5; 2001 c 214 s 6; 1990 c 12 s 4; 1985 c 67 s 2; 1979 ex.s. c 254 s 1; 1977 ex.s. c 371 s 4; 1975-'76 2nd ex.s. c 108 s 32; 1970 ex.s. c 45 s 4.]
Notes:
Effective date—2022 c 183: See note following RCW 80.50.010.
Severability—Effective date—2001 c 214: See notes following RCW 80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
Effective date—1990 c 12: See note following RCW 80.50.030.
Severability—Effective date—1975-'76 2nd ex.s. c 108: See notes following RCW 43.21F.010.

catchline: Energy facility site evaluation council—Powers enumerated.


title: RCW 80.50.045

text:
(1) The council shall consult with other state agencies, utilities, local municipal governments, public interest groups, tribes, and other interested persons to convey their views to the secretary and the federal energy regulatory commission regarding appropriate limits on federal regulatory authority in the siting of electrical transmission corridors in the state of Washington.
(2) The council is designated as the state authority for purposes of siting transmission facilities under Title 16 U.S.C. Sec. 824p and for purposes of other such rules or regulations adopted by the secretary. The council's authority regarding transmission facilities under this subsection is limited to those transmission facilities that are the subject of Title 16 U.S.C. Sec. 824p and this chapter.
(3) For the construction and modification of transmission facilities that are the subject of Title 16 U.S.C. Sec. 824p, the council may: (a) Approve the siting of the facilities; and (b) consider the interstate benefits expected to be achieved by the proposed construction or modification of the facilities in the state.
(4) When developing recommendations as to the disposition of an application for the construction or modification of transmission facilities under this chapter, the fuel source of the electricity carried by the transmission facilities shall not be considered.
(5) For electrical transmission projects proposed or sited by a federal agency, the director must coordinate state agency participation in environmental review under the national environmental policy act.
[ 2023 c 229 s 5; 2006 c 196 s 3.]
Notes:
Finding—Intent—2023 c 229: See note following RCW 19.280.030.

catchline: Recommendations to secretary, federal energy regulatory commission—Siting electrical transmission corridors—Council designated as state authority for siting transmission facilities—Review under national environmental policy act.


title: RCW 80.50.060

text:
(1)(a) The provisions of this chapter apply to the construction of energy facilities which includes the new construction of energy facilities and the reconstruction or enlargement of existing energy facilities where the net increase in physical capacity or dimensions resulting from such reconstruction or enlargement meets or exceeds those capacities or dimensions set forth in RCW 80.50.020 (14) and (29). No construction or reconstruction of such energy facilities may be undertaken, except as otherwise provided in this chapter, without first obtaining certification in the manner provided in this chapter.
(b) If applicants proposing the following types of facilities choose to receive certification under this chapter, the provisions of this chapter apply to the construction, reconstruction, or enlargement of these new or existing facilities:
(i) Facilities that produce refined biofuel, but which are not capable of producing 25,000 barrels or more per day;
(ii) Alternative energy resource facilities;
(iii) Electrical transmission facilities: (A) Of a nominal voltage of at least 115,000 volts; and (B) located in more than one jurisdiction that has promulgated land use plans or zoning ordinances;
(iv) Clean energy product manufacturing facilities;
(v) Storage facilities; and
(vi) Fusion energy facilities. However, such a fusion energy facility receiving site certification must also secure required licenses and registrations, or equivalent authorizations, for radiation control purposes from designated state or federal agencies.
(c) All of the council's powers with regard to energy facilities apply to all of the facilities in (b) of this subsection and these facilities are subject to all provisions of this chapter that apply to an energy facility.
(2)(a) The provisions of this chapter must apply to:
(i) The construction, reconstruction, or enlargement of new or existing electrical transmission facilities: (A) Of a nominal voltage of at least 500,000 volts alternating current or at least 300,000 volts direct current; (B) located in more than one county; and (C) located in the Washington service area of more than one retail electric utility; and
(ii) The construction, reconstruction, or modification of electrical transmission facilities when the facilities are located in a national interest electric transmission corridor as specified in RCW 80.50.045.
(b) For the purposes of this subsection, "modification" means a significant change to an electrical transmission facility and does not include the following: (i) Minor improvements such as the replacement of existing transmission line facilities or supporting structures with equivalent facilities or structures; (ii) the relocation of existing electrical transmission line facilities; (iii) the conversion of existing overhead lines to underground; or (iv) the placing of new or additional conductors, supporting structures, insulators, or their accessories on or replacement of supporting structures already built.
(3) The provisions of this chapter shall not apply to normal maintenance and repairs which do not increase the capacity or dimensions beyond those set forth in RCW 80.50.020 (14) and (29).
(4) Applications for certification of energy facilities made prior to July 15, 1977, shall continue to be governed by the applicable provisions of law in effect on the day immediately preceding July 15, 1977, with the exceptions of RCW 80.50.071 which shall apply to such prior applications and to site certifications prospectively from July 15, 1977.
(5) Applications for certification shall be upon forms prescribed by the council and shall be supported by such information and technical studies as the council may require.
(6) Upon receipt of an application for certification under this chapter, the chair of the council shall notify:
(a) The appropriate county legislative authority or authorities where the proposed facility is located;
(b) The appropriate city legislative authority or authorities where the proposed facility is located;
(c) The department of archaeology and historic preservation; and
(d) The appropriate federally recognized tribal governments that may be affected by the proposed facility.
(7) The council must work with local governments where a project is proposed to be sited in order to provide for meaningful participation and input during siting review and compliance monitoring.
(8) The council must consult with all federally recognized tribes that possess resources, rights, or interests reserved or protected by federal treaty, statute, or executive order in the area where an energy facility is proposed to be located to provide early and meaningful participation and input during siting review and compliance monitoring. Within 90 days of receipt of an application for certification, the chair and designated staff must offer to conduct government-to-government consultation to address issues of concern raised by such a tribe. The consultation must occur once sufficient information is made available to the tribe to assess the project's potential impacts, and must be scheduled consistent with the applicable timeline for application review. As part of the consultation process, and upon request of the tribe to meet with the full council, consultation shall include as many members of the council as can be arranged. The goal is to coordinate the full council's attendance. Attendance by a quorum of the council at the consultation does not constitute a meeting under chapter 42.30 RCW, provided that there is no deliberation between the members of the council and that no assurances or commitments are made by members of the council. The goal of the consultation process is for the tribe to provide information regarding tribal resources or rights potentially affected by the proposed energy facility, as well as its proposal for ways to avoid, minimize, or mitigate any adverse effects on tribal resources or rights. The report from the council to the governor required in RCW 80.50.100 must include a summary of the government-to-government consultation process that complies with RCW 42.56.300, including the issues and proposed resolutions. The council's summary shall be provided to the tribe before it is submitted to the governor and the tribe will have 30 days to request any corrections to the summary, or to provide its own summary of the consultation to be included in the council's report to the governor required in RCW 80.50.100.
(9) The department of archaeology and historic preservation shall coordinate with the affected federally recognized tribes and the applicant in order to assess potential effects to tribal cultural resources, archaeological sites, and sacred sites.
[ 2026 c 244 s 1; 2025 c 261 s 3; 2023 c 229 s 4; 2022 c 183 s 6; 2021 c 317 s 18; 2007 c 325 s 2; 2006 c 196 s 4; 2001 c 214 s 2; 1977 ex.s. c 371 s 5; 1975-'76 2nd ex.s. c 108 s 34; 1970 ex.s. c 45 s 6.]
Notes:
Finding—Intent—2023 c 229: See note following RCW 19.280.030.
Effective date—2022 c 183: See note following RCW 80.50.010.
Severability—2021 c 317: See note following RCW 70A.535.005.
Severability—Effective date—2001 c 214: See notes following RCW 80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
Severability—Effective date—1975-'76 2nd ex.s. c 108: See notes following RCW 43.21F.010.

catchline: Energy facilities to which chapter applies—Applications for certification—Forms—Council's duties—Potential effects to tribal cultural resources.


title: RCW 80.50.065

text:
Applicants utilizing the fully coordinated permitting process under chapter 43.158 RCW are not eligible for permitting under this chapter unless a substantial change is made to the proposed project. Prior to considering an application under this chapter from a project applicant that has previously used the fully coordinated permitting process under chapter 43.158 RCW for that project, the council must determine that the project applicant has made a substantial change to the project, relative to the project as it was proposed under the fully coordinated permitting process.
[ 2023 c 230 s 211.]
Notes:
Findings—Intent—2023 c 230: See note following RCW 43.394.010.

catchline: Use of fully coordinated permitting process.


title: RCW 80.50.071

text:
(1) The council shall receive all applications for energy facility site certification. Each applicant shall pay actual costs incurred by the council in processing an application.
(a) Each applicant shall, at the time of application submission, pay to the council for deposit into the energy facility site evaluation council account created in RCW 80.50.390 an amount up to fifty thousand dollars, or such greater amount as specified by the council after consultation with the applicant. The council shall charge costs against the deposit if the applicant withdraws its application and has not reimbursed the council for all actual expenditures incurred in considering the application.
(b) The council may commission its own independent consultant study to measure the consequences of the proposed energy facility on the environment or any matter that it deems essential to an adequate appraisal of the site. The council shall provide an estimate of the cost of the study to the applicant and consider applicant comments.
(c) In addition to the deposit required under (a) of this subsection, applicants must reimburse the council for actual expenditures that arise in considering the application, including the cost of any independent consultant study. The council shall submit to each applicant an invoice of actual expenditures made during the preceding calendar quarter in sufficient detail to explain the expenditures. The applicant shall pay the council the amount of the invoice by the due date.
(2) Each certificate holder shall pay the actual costs incurred by the council for inspection and determination of compliance by the certificate holder with the terms of the certification relative to monitoring the effects of construction, operation, and site restoration of the facility.
(a) Each certificate holder shall, within thirty days of execution of the site certification agreement, pay to the council for deposit into the energy facility site evaluation council account created in RCW 80.50.390 an amount up to fifty thousand dollars, or such greater amount as specified by the council after consultation with the certificate holder. The council shall charge costs against the deposit if the certificate holder ceases operations and has not reimbursed the council for all actual expenditures incurred in conducting inspections and determining compliance with the terms of the certification.
(b) In addition to the deposit required under (a) of this subsection, certificate holders must reimburse the council for actual expenditures that arise in administering this chapter and determining compliance. The council shall submit to each certificate holder an invoice of the expenditures actually made during the preceding calendar quarter in sufficient detail to explain the expenditures. The certificate holder shall pay the amount of the invoice by the due date.
(3) If an applicant or certificate holder fails to provide the initial deposit, or if subsequently required payments are not received within thirty days following receipt of the invoice from the council, the council may (a) in the case of the applicant, suspend processing of the application until payment is received; or (b) in the case of a certificate holder, suspend the certification.
(4) All payments required of the applicant or certificate holder under this section are to be made to the council for deposit into the energy facility site evaluation council account created in RCW 80.50.390. All such funds shall be subject to state auditing procedures. Any unexpended portions of the deposit shall be returned to the applicant within sixty days following the conclusion of the application process or to the certificate holder within sixty days after a determination by the council that the certificate is no longer required and there is no continuing need for compliance with its terms. For purposes of this section, "conclusion of the application process" means after the governor's decision granting or denying a certificate and the expiration of any opportunities for judicial review.
(5)(a) Upon receipt of an application for an energy facility site certification proposing an energy plant or alternative energy resource that is connected to electrical transmission facilities of a nominal voltage of at least one hundred fifteen thousand volts, the council shall notify in writing the United States department of defense. The notification shall include, but not be limited to, the following:
(i) A description of the proposed energy plant or alternative energy resource;
(ii) The location of the site;
(iii) The placement of the energy plant or alternative energy resource on the site;
(iv) The date and time by which comments must be received by the council; and
(v) Contact information of the council and the applicant.
(b) The purpose of the written notification is to provide an opportunity for the United States department of defense to comment upon the application, and to identify potential issues relating to the placement and operations of the energy plant or alternative energy resource, before a site certification application is approved. The time period set forth by the council for receipt of such comments shall not extend the time period for the council's processing of the application.
(c) In order to assist local governments required to notify the United States department of defense under RCW 35.63.270, 35A.63.290, and 36.01.320, the council shall post on its website the appropriate information for contacting the United States department of defense.
[ 2022 c 183 s 8; 2016 sp.s. c 10 s 1; 2011 c 261 s 1; 2010 c 152 s 3; 2006 c 196 s 5; 1977 ex.s. c 371 s 16.]
Notes:
Effective date—2022 c 183: See note following RCW 80.50.010.
Construction—2016 sp.s. c 10: "Nothing in this act extends or modifies the jurisdiction of the energy facility site evaluation council or the utilities and transportation commission with respect to any energy facility that is not subject to the jurisdiction of the energy facility site evaluation council or the utility [utilities] and transportation commission as of June 28, 2016." [ 2016 sp.s. c 10 s 2.]
Rule-making costs proportionately divided—2010 c 152: "Rule-making costs incurred by the energy facility site evaluation council in implementing and administering this act shall be proportionately divided among the certificate holders and applicants directly affected by this act." [ 2010 c 152 s 4.]

catchline: Council to receive applications—Payment of costs incurred by the council—Notification requirements.


title: RCW 80.50.075

text:
(1) Any person filing an application for certification of any facility pursuant to this chapter may apply to the council for an expedited processing of such an application. The application for expedited processing shall be submitted to the council in such form and manner and accompanied by such information as may be prescribed by council rule. The council may grant an applicant expedited processing of an application for certification upon finding that the environmental impact of the proposed facility is not significant or will be mitigated to a nonsignificant level under RCW 43.21C.031 and the project is found under RCW 80.50.090(2) to be consistent and in compliance with city, county, or regional land use plans or zoning ordinances.
(2) Upon granting an applicant expedited processing of an application for certification, the council shall not be required to:
(a) Commission an independent study to further measure the consequences of the proposed facility on the environment, notwithstanding the other provisions of RCW 80.50.071; nor
(b) Hold an adjudicative proceeding under chapter 34.05 RCW, the administrative procedure act, on the application.
(3) The council shall adopt rules governing the expedited processing of an application for certification pursuant to this section.
[ 2022 c 183 s 18; 2006 c 205 s 2; 1989 c 175 s 172; 1977 ex.s. c 371 s 17.]
Notes:
Effective date—2022 c 183: See note following RCW 80.50.010.
Effective date—1989 c 175: See note following RCW 34.05.010.

catchline: Expedited processing of applications.


title: RCW 80.50.080

text:
After the council has received a site application, the attorney general shall appoint an assistant attorney general as a counsel for the environment. The counsel for the environment shall represent the public and its interest in protecting the quality of the environment. Costs incurred by the counsel for the environment in the performance of these duties shall be charged to the office of the attorney general, and shall not be a charge against the appropriation to the energy facility site evaluation council. He or she shall be accorded all the rights, privileges, and responsibilities of an attorney representing a party in a formal action. This section shall not be construed to prevent any person from being heard or represented by counsel in accordance with the other provisions of this chapter.
[ 2013 c 23 s 282; 1977 ex.s. c 371 s 6; 1970 ex.s. c 45 s 8.]

catchline: Counsel for the environment.