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80.50.160  <<  80.50.175 >>   80.50.180

Council's powers.

(1) In addition to all other powers conferred on the council under this chapter, the council shall have the powers set forth in this section.
(2)(a) The council, upon agreement with any potential applicant, is authorized as provided in this section to conduct a preliminary study of any potential project prior to receipt of an application for site certification. This preliminary study must be completed before any environmental review or process under RCW 43.21C.031 is initiated. A fee of $10,000 for each potential project, to be applied toward the cost of any study agreed upon pursuant to (b) of this subsection, must accompany the agreement and is a condition precedent to any action on the agreement by the council.
(b) Upon agreement with the potential applicant, the council may commission its own independent consultant to study matters relative to the potential project. In conducting the study, the council is authorized to cooperate and work jointly with the county or counties in which the potential project is located, any federal, state, local, or tribal governmental agency that might be requested to comment on the potential project, and any municipal or public corporation having an interest in the matter. The full cost of the study must be paid by the potential applicant. However, costs exceeding a total of $10,000 are payable subject to the potential applicant giving prior approval to such an excess amount.
(3) All payments required of the potential applicant under this section must be deposited into the energy facility site evaluation council account created in RCW 80.50.390. All of these funds are subject to state auditing procedures. Any unexpended portions of the funds must be returned to the potential applicant.
(4) If a potential applicant subsequently submits a formal application for site certification to the council for a site where a preliminary study was conducted, payments made under this section for that study may be considered as payment towards the application fee provided in RCW 80.50.071.


Effective date2022 c 183: See note following RCW 80.50.010.
SeverabilityEffective date1975-'76 2nd ex.s. c 108: See notes following RCW 43.21F.010.
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