Our authority comes from state laws, which are officially known as the Revised Code of Washington (RCW), and rules, which are officially known as the Washington Administrative Code (WAC).
Chapter 80.50 RCW is the Energy Facilities—Site Locations Act (EFSLA) and is the statute that includes the legal provisions we must follow when siting and regulating energy facilities.
Title 463 WAC includes the rules (or regulations) we follow under state and federal law.
The following laws also apply to some energy facilities we oversee:
Laws: Energy facilities—Site locations act (Chapter 80.50 RCW)
This section lists each section of state law that we follow:
- Legislative finding—Policy—Intent (RCW 80.50.010)
- Definitions (RCW 80.50.020)
- Energy facility site evaluation council—Created—Membership—Quorum (RCW 80.50.040)
- Energy facility site evaluation council—Powers enumerated (RCW 80.50.040)
- 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 (RCW 80.50.045)
- Energy facilities to which chapter applies—Applications for certification—Forms—Council's duties—Potential effects to tribal cultural resources (RCW 80.50.060)
- Use of fully coordinated permitting process (RCW 80.50.065)
- Council to receive applications—Payment of costs incurred by the council—Notification requirements (RCW 80.50.071)
- Expedited processing of applications (RCW 80.50.075)
- Counsel for the environment (RCW 80.50.080)
- Counsel staff to assist applicants, make recommendations (RCW 80.50.085)
- Public hearings—Opportunity for public comment (RCW 80.50.090)
- Recommendations to governor—Expedited processing—Approval or rejection of certification—Reconsideration (RCW 80.50.100)
- Transmission facilities for petroleum products—Recommendations to governor (RCW 80.50.105)
- Chapter governs and supersedes other law or regulations—Preemption of regulation and certification by state (RCW 80.50.110)
- Effect of certification (RCW 80.50.120)
- Revocation or suspension of certification—Grounds (RCW 80.50.130)
- Review (RCW 80.50.140)
- Enforcement of compliance—Penalties (RCW 80.50.150)
- Additional penalties—Appeal procedures (RCW 80.50.155)
- Availability of information (RCW 80.50.160)
- Council's powers (RCW 80.50.175)
- Proposals and actions by other state agencies and local political subdivisions pertaining to energy facilities exempt from "detailed statement" required by RCW 43.21C.030 (RCW 80.50.180)
- Unfinished nuclear power projects—Transfer of all or a portion of a site to a political subdivision or subdivisions of the state—Water rights (RCW 80.50.300)
- Council actions—Exemption from chapter 43.21C RCW (RCW 80.50.310)
- Governor to evaluate council efficiency, make recommendations (RCW 80.50.320)
- Preapplication—Siting electrical transmission facilities—Corridors (RCW 80.50.330)
- Preapplication—Fees—Plans (RCW 80.50.340)
- Duties of chair and director (RCW 80.50.360)
- Clean energy product manufacturing facilities (RCW 80.50.370)
- Preapplication review of a proposed project—Fees (RCW 80.50.380)
- Energy facility site evaluation council account (RCW 80.50.390)
- Transfer of authority from the utilities and transportation commission to the council (RCW 80.50.400)
Rules: Energy Facility Site Evaluation Council (Title 463 WAC)
This section lists each chapter of state rules that we follow:
- Agency operations and public records (Chapter 463-06 WAC)
- Definitions (Chapter 463-10 WAC)
- Policy and interpretation (Chapter 463-14 WAC)
- Council meetings and proceedings (Chapter 463-18 WAC)
- Potential site studies (Chapter 463-22 WAC)
- Public informational meeting and land use hearing (Chapter 463-26 WAC)
- State preemption (Chapter 463-28 WAC)
- Adjudicative proceedings (Chapter 463-30 WAC)
- Petitions for rule making and declaratory orders (Chapter 463-34 WAC)
- Expedited processing (Chapter 463-43 WAC)
- SEPA rules (Chapter 463-47 WAC)
- Independent consultants (Chapter 463-50 WAC)
- Charges for independent consultant study, regular and expedited application processing, electrical transmission preapplications, determining compliance and potential site study (Chapter 463-58 WAC)
- Applications for site certification (Chapter 463-60 WAC)
- Electrical transmission facilities (Chapter 463-61 WAC)
- Construction and operation standards for energy facilities (Chapter 463-62 WAC)
- Issuance of a site certification agreement (Chapter 463-64 WAC)
- Amending, transferring, or terminating a site certification agreement (Chapter 463-66 WAC)
- Site certification agreement—Start of construction, expiration, and reporting (Chapter 463-68 WAC)
- Certification compliance monitoring and enforcement (Chapter 463-70 WAC)
- Site restoration and preservation (Chapter 463-72 WAC)
- Dangerous wastes (Chapter 463-74 WAC)
- Regulations for compliance with NPDES permit program (Chapter 463-76 WAC)
- General and operating permit regulations for air pollution sources (Chapter 463-78 WAC)
- Carbon dioxide mitigation program for thermal electric generating facilities (Chapter 463-80 WAC)
- Greenhouse gases emissions performance standard and sequestration plans and programs for baseload electric generating facilities (Chapter 463-85 WAC)
- Disposition of chapters formerly codified in this title