Wash. Rev. Code » Title 80 · Chapter 80.50

Wash. Rev. Code § 80.50.120

Effect of certification

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(1) Subject to the conditions set forth therein any certification shall bind the state and each of its departments, agencies, divisions, bureaus, commissions, boards, and political subdivisions, whether a member of the council or not, as to the approval of the site and the construction and operation of the proposed energy facility.
(2) The certification shall authorize the person named therein to construct and operate the proposed energy facility subject only to the conditions set forth in such certification.
(3) The issuance of a certification shall be in lieu of any permit, certificate or similar document required by any department, agency, division, bureau, commission, board, or political subdivision of this state, whether a member of the council or not.
(4) An action taken by a city or county is not subject to appeal under this chapter on the basis that the action is inconsistent with a code that has been preempted pursuant to RCW 80.50.110, where the action is taken under an agreement with the council to provide technical assistance or advice, or to conduct application or plan review, related to the construction or operation of a certified energy facility included under this chapter.
[ 2025 c 246 s 1; 1977 ex.s. c 371 s 10; 1975-'76 2nd ex.s. c 108 s 38; 1970 ex.s. c 45 s 12.]

Notes:

Severability—Effective date—1975-'76 2nd ex.s. c 108: See notes following RCW 43.21F.010.
Notes of Decisions
Cited in 6 cases, 2008–2017 · leading case: Residents Opposed Turbines v. State Efsec
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Residents Opposed Turbines v. State Efsec (2008) wash “RCW 80.50.120(2), (3). ¶ 6 The legislature created the Energy Facility Site Evaluation Council (EFSEC) to administer the site certification process.”
Residents Opposed to Kittitas Turbines v. State Energy Facility Site Evaluation Council (2008) wash “RCW 80.50.120(2), (3). ¶7 The legislature created the Energy Facility Site Evaluation Council (EFSEC) to administer the site certification process.”
Columbia Riverkeeper v. Port Of Vancouver (2015) washctapp · cites it 2× “RCW 80.50.120(3); Residents Opposed to Kittitas Turbines, 165 Wn.”
Friends of Columbia Gorge, Inc. v. State Energy Facility Site Evaluation Council (2013) wash “RCW 80.50.120(3). Further, the provisions of EFSLA can preempt any other rules or regulations promulgated within the state, including local land use rules.”
Columbia Riverkeeper v. Port of Vancouver USA (2017) wash “RCW 80.50.120(3). By contrast, the Port's SEPA status is derived from its authority to lease public lands under its control.”
Friends of Columbia Gorge, Inc. v. State Energy Facility Site Evaluation Council (2013) wash “See RCW 80.50.120(3). Further, the provisions ofEFSLA can preempt any other rules or regulations promulgated within the state, including local land use rules.”
— Wash. Rev. Code § 80.50.120(2) — 2 cases
Residents Opposed Turbines v. State Efsec (2008) wash “RCW 80.50.120(2), (3). ¶ 6 The legislature created the Energy Facility Site Evaluation Council (EFSEC) to administer the site certification process.”
Residents Opposed to Kittitas Turbines v. State Energy Facility Site Evaluation Council (2008) wash “RCW 80.50.120(2), (3). ¶7 The legislature created the Energy Facility Site Evaluation Council (EFSEC) to administer the site certification process.”
— Wash. Rev. Code § 80.50.120(3) — 4 cases
Columbia Riverkeeper v. Port Of Vancouver (2015) washctapp “RCW 80.50.120(3); Residents Opposed to Kittitas Turbines, 165 Wn.”
Friends of Columbia Gorge, Inc. v. State Energy Facility Site Evaluation Council (2013) wash “RCW 80.50.120(3). Further, the provisions of EFSLA can preempt any other rules or regulations promulgated within the state, including local land use rules.”
Columbia Riverkeeper v. Port of Vancouver USA (2017) wash “RCW 80.50.120(3). By contrast, the Port's SEPA status is derived from its authority to lease public lands under its control.”
Friends of Columbia Gorge, Inc. v. State Energy Facility Site Evaluation Council (2013) wash “See RCW 80.50.120(3). Further, the provisions ofEFSLA can preempt any other rules or regulations promulgated within the state, including local land use rules.”
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