Revised Code of Washington
Chapter 43.21A - Department of Ecology.
43.21A.612 - Steam electric generating plant—Statement of intention—Construction by public utility, operating agency, or the department, procedure—Powers of director of community, trade, and economic development.

RCW 43.21A.612
Steam electric generating plant—Statement of intention—Construction by public utility, operating agency, or the department, procedure—Powers of director of community, trade, and economic development.

Before the director shall construct said steam generating facility within the state, or make application for any permit, license or other right necessary thereto, the director shall give notice thereof by publishing once a week for four consecutive weeks in a newspaper of general circulation in the county or counties in which such project is located a statement of intention setting forth the general nature, extent and location of the project. If any public utility in the state or any operating agency desires to construct such facility, such utility or operating agency shall notify the director thereof within ten days after the last date of publication of such notice. If the director determines that it is in the best public interest that the director proceed with such construction rather than the public utility or operating agency, the director shall so notify the *director of community, trade, and economic development, who shall set a date for hearing thereon. If after considering the evidence introduced the *director of community, trade, and economic development finds that the public utility or operating agency making the request intends to immediately proceed with such construction and is financially capable of carrying out such construction and further finds that the plan of such utility or operating agency is equally well adapted to serve the public interest, the director shall enter an order so finding and such order shall divest the director of authority to proceed further with such construction or acquisition until such time as the other public utility or agency voluntarily causes an assignment of its right or interest in the project to the director or fails to procure any further required governmental permit, license or authority or having procured such, has the same revoked or withdrawn, in accordance with the laws and regulations of such governmental entity, in which event the director shall have the same authority to proceed as though the director had originally entered an order so authorizing the director to proceed. If, after considering the evidence introduced, the *director of community, trade, and economic development finds that the public utility or agency making the request does not intend to immediately proceed with such construction or acquisition or is not financially capable of carrying out such construction or acquisition, or finds that the plan of such utility or operating agency is not equally well adapted to serve the public interest, the director shall then enter an order so finding and authorizing the director to proceed with the construction or acquisition of the facility.

[ 1995 c 399 § 68; 1988 c 127 § 11; 1985 c 466 § 49; 1965 c 8 § 43.21.260. Prior: 1957 c 275 § 4. Formerly RCW 43.21.260.]
NOTES:

*Reviser's note: The "director of community, trade, and economic development" was changed to the "director of commerce" by 2009 c 565.


Effective date—Severability—1985 c 466: See notes following RCW 43.31.125.

Structure Revised Code of Washington

Revised Code of Washington

Title 43 - State Government—Executive

Chapter 43.21A - Department of Ecology.

43.21A.005 - Intent—Public involvement and outreach.

43.21A.010 - Legislative declaration of state policy on environment and utilization of natural resources.

43.21A.020 - Purpose.

43.21A.030 - Definitions.

43.21A.040 - Department of ecology—Created.

43.21A.050 - Department of ecology—Director—Appointment—Powers and duties—Salary—Temporary appointment when vacancy.

43.21A.061 - Powers and duties—Reclamation.

43.21A.064 - Powers and duties—Water resources.

43.21A.067 - Water resources—"Basic data fund" created.

43.21A.068 - Federal power act licensees—Exemption from state requirements.

43.21A.069 - Powers and duties—Flood control.

43.21A.070 - Application of administrative procedure act to the review of decisions by director.

43.21A.080 - Rule-making authority.

43.21A.081 - Five-year formal review process of existing rules.

43.21A.085 - Technical assistance officer and units—Coordination of voluntary compliance with regulatory laws.

43.21A.087 - Technical assistance officer and units—Authority to issue orders or assess penalties.

43.21A.090 - Powers, duties and functions transferred to department to be performed by director—Delegation by director, limitations.

43.21A.100 - Departmental administrative divisions—Deputy director, duties—Assistant directors, duties—As exempt from state civil service law—Salaries.

43.21A.120 - Director to employ personnel—Application of state civil service law.

43.21A.130 - Studies—Limitations.

43.21A.140 - Director to consult with department, state board of health.

43.21A.150 - Director to consult with other states, federal government, and Canadian provinces—Authority to receive and disburse grants, funds, and gifts—Department's website list of interagency agreements.

43.21A.155 - Environmental excellence program agreements—Effect on chapter.

43.21A.160 - Request for certification of records as confidential—Procedure.

43.21A.165 - Environmental technology—Review of certification programs—Demonstration activities.

43.21A.175 - Environmental certification programs—Fees—Rules—Liability.

43.21A.230 - Certification of environmental laboratories authorized—Fees—Use of certified laboratories by persons submitting data or results to department.

43.21A.235 - Exemption from laboratory certification and fee requirements.

43.21A.350 - Master plan of development.

43.21A.355 - Master plan of development—Public hearings.

43.21A.405 - Marine pollution—Baseline study program—Legislative finding and declaration.

43.21A.410 - Marine pollution—Baseline study program established—Utilization of related programs—Coordination—Contracts.

43.21A.415 - Marine pollution—Baseline study program—Scope of database produced.

43.21A.420 - Marine pollution—Baseline study program—Priority factors.

43.21A.430 - Catalytic converters in police, ambulance or emergency aid vehicles—Department's powers restricted in respect thereto.

43.21A.440 - Department authorized to participate in and administer federal Comprehensive Environmental Response, Compensation and Liability Act.

43.21A.445 - Departments authorized to participate in and administer federal Safe Drinking Water Act—Agreements with other departments.

43.21A.450 - Control of outflow and level of Lake Osoyoos—Lake Osoyoos International Water Control Structure authorized.

43.21A.470 - Yakima enhancement project—Duties—Request for congressional authorization for pipeline.

43.21A.510 - State environmental profile.

43.21A.515 - Assistance to businesses interested in locating in Washington required—Information on environmental laws and regulations to be provided.

43.21A.520 - Environmental excellence awards program for products.

43.21A.600 - Powers and duties—Electric power resources.

43.21A.605 - Development of electric power resources—Cooperation with governmental units.

43.21A.610 - Steam electric generating plant—Study—Construction.

43.21A.612 - Steam electric generating plant—Statement of intention—Construction by public utility, operating agency, or the department, procedure—Powers of director of community, trade, and economic development.

43.21A.614 - Steam electric generating plant—Powers of director in constructing, operating and maintaining.

43.21A.616 - Steam electric generating plant—Eminent domain.

43.21A.618 - Steam electric generating plant—State not financially obligated—Separation and expenditure of funds.

43.21A.620 - Steam electric generating plant—Revenue bonds and warrants.

43.21A.622 - Steam electric generating plant—Special funds—Payment of bonds, interest.

43.21A.624 - Steam electric generating plant—Considerations in issuance of bonds, limitations.

43.21A.626 - Steam electric generating plant—Resolution authorizing issuance of bonds, contents, covenants.

43.21A.628 - Steam electric generating plant—Sale of bonds.

43.21A.630 - Steam electric generating plant—Examination, registration of bonds by state auditor—Defects, irregularities.

43.21A.632 - Steam electric generating plant—Rates or charges.

43.21A.634 - Steam electric generating plant—Refunding revenue bonds.

43.21A.636 - Steam electric generating plant—Signatures on bonds.

43.21A.638 - Steam electric generating plant—Provisions of law, resolution, a contract with bondholder—Enforcement.

43.21A.640 - Steam electric generating plant—Bonds are legal security, investment, negotiable.

43.21A.642 - Steam electric generating plant—Director not authorized to acquire other facilities or engage in retail distribution.

43.21A.650 - Freshwater aquatic weeds account.

43.21A.660 - Freshwater aquatic weeds management program.

43.21A.662 - Freshwater aquatic weeds management program—Advisory committee.

43.21A.667 - Aquatic algae control account—Freshwater and saltwater aquatic algae control program.

43.21A.680 - Solid waste plan advisory committee abolished.

43.21A.681 - Geoduck aquaculture operations—Guidelines—Rules.

43.21A.690 - Cost-reimbursement agreements.

43.21A.700 - Transfer of ownership of department-owned vessel—Review of vessel's physical condition.

43.21A.702 - Transfer of ownership of department-owned vessel—Further requirements.

43.21A.711 - Used oil contaminated with polychlorinated biphenyl—Petition for reimbursement of extraordinary costs—Processing and prioritizing petitions—Prioritized list to the legislature.

43.21A.721 - Grants to emergency responders—Assistance to meet the requirements of chapter 274, Laws of 2015.

43.21A.730 - Office of Chehalis basin.

43.21A.731 - Chehalis board.

43.21A.732 - Chehalis basin strategy.

43.21A.733 - Chehalis basin account.

43.21A.734 - Chehalis basin taxable account.

43.21A.735 - Cannabis science task force.

43.21A.736 - Cannabis product testing—Fees—Rules.

43.21A.738 - Improvements to permitting processes for industrial projects and facilities—Recommendations—Greenhouse gas emissions limits.

43.21A.740 - Environmental justice obligations of the department of ecology.

43.21A.900 - Chapter to be liberally construed.

43.21A.910 - Savings—Permits, standards not affected—Severability—Effective date—1970 ex.s. c 62.