RCW 43.52B.040: Powers.

Without creating state debt, or lending the credit of the state, so long as otherwise authorized and not prohibited by law, the authority may:

(1) Adopt rules and operating procedures as necessary to implement the authority's responsibilities in this chapter, except that the authority may not adopt rules to direct cost allocation of transmission resources;

(2) Utilize the services of executive departments of the state upon mutually agreeable terms and conditions;

(3) After receiving approval by the board of directors, exercise the power of eminent domain as outlined under the provisions of chapter 8.04 RCW only for land acquisition necessary to secure property or rights-of-way for new transmission corridors for public use consistent with the purposes of this chapter;

(4) Enter into contracts and agreements;

(5) Solicit, receive, issue, and expend gifts, grants, and donations;

(6) Apply for and accept federal loans and related assistance;

(7)(a) Enter into partnerships with public or private entities, which must include a fee schedule for services provided under a partnership; and

(b) When entering into partnerships on transmission projects:

(i) Assist the project proponent in following the state environmental policy act process; and

(ii) Support tribal consultation by pursuing reasonable efforts to facilitate government-to-government consultation regarding the entities' partnership with federally recognized Indian tribes affected by the partnership;

(8) Lease, purchase, accept donations of, or otherwise own, hold, improve, or use any property;

(9) Sell, lease, exchange, or otherwise dispose of any property;

(10)(a) Own electric transmission equipment and systems;

(b) Ownership of transmission facilities by the authority may not exceed the extent and duration necessary or useful to promote the public interest. Before becoming an owner or partial owner of any electric transmission facilities, the authority must develop and publish a plan identifying:

(i) The public purposes of the authority's ownership;

(ii) The conditions that would make the authority's ownership no longer necessary for accomplishing those public purposes;

(iii) A plan to divest the authority of ownership of the facility as soon as economically prudent once those conditions occur; and

(iv) A consideration of the costs and benefits to Washington ratepayers of the facility;

(11)(a) Select a qualified transmission builder or operator, as defined by the authority in rule, to build, finance, plan, acquire, maintain, or operate an electric transmission project; [and]

(b) Proceed to construction in the absence of selecting a qualified transmission builder only as a last resort and in instances where the authority identifies a pressing need for a project and there is not a ready and willing qualified transmission builder, subject to the authority adopting criteria in rule for such a scenario before developing a project;

(12)(a) Sell a state-owned electric transmission project at any stage of development;

(b) The authority may sell a project to an electric utility serving customers in the state of Washington, a joint operating agency formed under RCW 43.52.360, the Bonneville power administration, an independent transmission developer, or an independent system operator;

(c) Before selling a project that is not part of a partnership agreement, the authority must adopt criteria in rule for developing a transparent process including issuing a competitive request for proposals, evaluating proposals, and selecting a project buyer;

(13) When facilitating transmission projects, consult with other state agencies, subject matter experts, or neighboring landowners on natural hazards including, but not limited to, wildfire, and potential mitigation practices for such hazards including, but not limited to, upgrading transmission facilities with advanced transmission technologies, including reconductoring with advanced conductors;

(14) In consultation with and after approval by the board of directors, adopt criteria in rule for an initial local investment commitment fee and annual local investment commitment fee for high voltage projects that the authority develops, owns, or sells under this chapter. Rule making will provide that the fees are distributed among counties, cities, towns, and federally recognized Indian tribes, including federally recognized Indian tribes whose reservation or ceded lands lie in Washington state, in proportion to the project's impact, and that the fees are appurtenant to the project such that the assessed fees are transferred with the title if the project is sold; and

(15) Coordinate with the Washington economic development finance authority established under chapter 43.163 RCW to provide conduit financing for eligible partners that request transmission financing.