Fusion energy facilities

AN ACT Relating to adding fusion energy to facilities that may 1
obtain site certification for the purposes of chapter 80.50 RCW; 2
amending RCW 80.50.060; and reenacting and amending RCW 80.50.020.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 80.50.020 and 2022 c 183 s 2 are each reenacted and 5
amended to read as follows: 6
The definitions in this section apply throughout this chapter 7
unless the context clearly requires otherwise. 8
(1) "Alternative energy resource" includes energy facilities of 9
the following types: (a) Wind; (b) solar energy; (c) geothermal 10
energy; (d) renewable natural gas; (e) wave or tidal action; (f) 11
biomass energy based on solid organic fuels from wood, forest, or 12
field residues, or dedicated energy crops that do not include wood 13
pieces that have been treated with chemical preservatives such as 14
creosote, pentachlorophenol, or copper-chrome-arsenic; or (g) 15
renewable or green electrolytic hydrogen. 16
(2) "Applicant" means any person who makes application for a site 17
certification pursuant to the provisions of this chapter.18
(3) "Application" means any request for approval of a particular 19
site or sites filed in accordance with the procedures established 20
pursuant to this chapter, unless the context otherwise requires.21
Z-0183.1
HOUSE BILL 1018
State of Washington 69th Legislature 2025 Regular Session
By Representatives Shavers, Ryu, Barnard, Reed, Fitzgibbon, Leavitt,
Bronoske, Tharinger, Gregerson, Peterson, and Wylie; by request of
Energy Facility Site Evaluation Council
Prefiled 12/09/24. Read first time 01/13/25. Referred to Committee
on Environment & Energy.
p. 1 HB 1018
(4) "Associated facilities" means storage, transmission, 1
handling, or other related and supporting facilities connecting an 2
energy plant with the existing energy supply, processing, or 3
distribution system, including, but not limited to, communications, 4
controls, mobilizing or maintenance equipment, instrumentation, and 5
other types of ancillary transmission equipment, off-line storage or 6
venting required for efficient operation or safety of the 7
transmission system and overhead, and surface or subsurface lines of 8
physical access for the inspection, maintenance, and safe operations 9
of the transmission facility and new transmission lines constructed 10
to operate at nominal voltages of at least 115,000 volts to connect a 11
thermal power plant or alternative energy facilities to the northwest 12
power grid. However, common carrier railroads or motor vehicles shall 13
not be included. 14
(5) "Biofuel" means a liquid or gaseous fuel derived from organic 15
matter including, but not limited to, biodiesel, renewable diesel, 16
ethanol, renewable natural gas, and renewable propane.17
(6) "Certification" means a binding agreement between an 18
applicant and the state which shall embody compliance to the siting 19
guidelines, in effect as of the date of certification, which have 20
been adopted pursuant to RCW 80.50.040 as now or hereafter amended as 21
conditions to be met prior to or concurrent with the construction or 22
operation of any energy facility. 23
(7) "Clean energy product manufacturing facility" means a 24
facility that exclusively or primarily manufactures the following 25
products or components primarily used by such products:26
(a) Vehicles, vessels, and other modes of transportation that 27
emit no exhaust gas from the onboard source of power, other than 28
water vapor; 29
(b) Charging and fueling infrastructure for electric, hydrogen, 30
or other types of vehicles that emit no exhaust gas from the onboard 31
source of power, other than water vapor; 32
(c) Renewable or green electrolytic hydrogen, including preparing 33
renewable or green electrolytic hydrogen for distribution as an 34
energy carrier or manufacturing feedstock, or converting it to a 35
green hydrogen carrier; 36
(d) Equipment and products used to produce energy from 37
alternative energy resources; and 38
(e) Equipment and products used at storage facilities.39
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(8) "Construction" means on-site improvements, excluding 1
exploratory work, which cost in excess of ((two hundred fifty 2
thousand dollars)) $250,000. 3
(9) "Council" means the energy facility site evaluation council 4
created by RCW 80.50.030. 5
(10) "Counsel for the environment" means an assistant attorney 6
general or a special assistant attorney general who shall represent 7
the public in accordance with RCW 80.50.080. 8
(11) "Director" means the director of the energy facility site 9
evaluation council appointed by the chair of the council in 10
accordance with RCW 80.50.360. 11
(12) "Electrical transmission facilities" means electrical power 12
lines and related equipment. 13
(13) "Energy facility" means an energy plant or transmission 14
facilities: PROVIDED, That the following are excluded from the 15
provisions of this chapter: 16
(a) Facilities for the extraction, conversion, transmission or 17
storage of water, other than water specifically consumed or 18
discharged by energy production or conversion for energy purposes; 19
and 20
(b) Facilities operated by and for the armed services for 21
military purposes or by other federal authority for the national 22
defense. 23
(14) "Energy plant" means the following facilities together with 24
their associated facilities: 25
(a) Any fission nuclear power facility where the primary purpose 26
is to produce and sell electricity; 27
(b) Any nonnuclear stationary thermal power plant with generating 28
capacity of ((three hundred fifty thousand )) 350,000 kilowatts or 29
more, measured using maximum continuous electric generating capacity, 30
less minimum auxiliary load, at average ambient temperature and 31
pressure, and floating thermal power plants of ((one hundred 32
thousand)) 100,000 kilowatts or more suspended on the surface of 33
water by means of a barge, vessel, or other floating platform;34
(c) Facilities which will have the capacity to receive liquefied 35
natural gas in the equivalent of more than ((one hundred million )) 36
100,000,000 standard cubic feet of natural gas per day, which has 37
been transported over marine waters; 38
(d) Facilities which will have the capacity to receive more than 39
an average of ((fifty thousand )) 50,000 barrels per day of crude or 40
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refined petroleum or liquefied petroleum gas which has been or will 1
be transported over marine waters, except that the provisions of this 2
chapter shall not apply to storage facilities unless occasioned by 3
such new facility construction; 4
(e) Any underground reservoir for receipt and storage of natural 5
gas as defined in RCW 80.40.010 capable of delivering an average of 6
more than ((one hundred million )) 100,000,000 standard cubic feet of 7
natural gas per day; and 8
(f) Facilities capable of processing more than ((twenty-five 9
thousand)) 25,000 barrels per day of petroleum or biofuel into 10
refined products except where such biofuel production is undertaken 11
at existing industrial facilities. 12
(15)(a) "Green electrolytic hydrogen" means hydrogen produced 13
through electrolysis. 14
(b) "Green electrolytic hydrogen" does not include hydrogen 15
manufactured using steam reforming or any other conversion technology 16
that produces hydrogen from a fossil fuel feedstock.17
(16) "Green hydrogen carrier" means a chemical compound, created 18
using electricity or renewable resources as energy input and without 19
use of fossil fuel as a feedstock, from renewable hydrogen or green 20
electrolytic hydrogen for the purposes of transportation, storage, 21
and dispensing of hydrogen. 22
(17) "Independent consultants" means those persons who have no 23
financial interest in the applicant's proposals and who are retained 24
by the council to evaluate the applicant's proposals, supporting 25
studies, or to conduct additional studies. 26
(18) "Land use plan" means a comprehensive plan or land use 27
element thereof adopted by a unit of local government pursuant to 28
chapter 35.63, 35A.63, 36.70, or 36.70A RCW, or as otherwise 29
designated by chapter 325, Laws of 2007. 30
(19) "Person" means an individual, partnership, joint venture, 31
private or public corporation, association, firm, public service 32
company, political subdivision, municipal corporation, government 33
agency, public utility district, or any other entity, public or 34
private, however organized. 35
(20) "Preapplicant" means a person considering applying for a 36
site certificate agreement for any facility. 37
(21) "Preapplication process" means the process which is 38
initiated by written correspondence from the preapplicant to the 39
council, and includes the process adopted by the council for 40
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consulting with the preapplicant and with federally recognized 1
tribes, cities, towns, and counties prior to accepting applications 2
for any facility. 3
(22) "Renewable hydrogen" means hydrogen produced using renewable 4
resources both as the source for the hydrogen and the source for the 5
energy input into the production process. 6
(23) "Renewable natural gas" means a gas consisting largely of 7
methane and other hydrocarbons derived from the decomposition of 8
organic material in landfills, wastewater treatment facilities, and 9
anaerobic digesters. 10
(24) "Renewable resource" means: (a) Water; (b) wind; (c) solar 11
energy; (d) geothermal energy; (e) renewable natural gas; (f) 12
renewable hydrogen; (g) wave, ocean, or tidal power; (h) biodiesel 13
fuel that is not derived from crops raised on land cleared from old 14
growth or first growth forests; or (i) biomass energy.15
(25) "Secretary" means the secretary of the United States 16
department of energy. 17
(26) "Site" means any proposed or approved location of an energy 18
facility, alternative energy resource, clean energy product 19
manufacturing facility, or electrical transmission facility.20
(27) "Storage facility" means a plant that: (a) Accepts 21
electricity as an energy source and uses a chemical, thermal, 22
mechanical, or other process to store energy for subsequent delivery 23
or consumption in the form of electricity; or (b) stores renewable 24
hydrogen, green electrolytic hydrogen, or a green hydrogen carrier 25
for subsequent delivery or consumption. 26
(28) "Thermal power plant" means, for the purpose of 27
certification, any electrical generating facility using any fuel for 28
distribution of electricity by electric utilities.29
(29) "Transmission facility" means any of the following together 30
with their associated facilities: 31
(a) Crude or refined petroleum or liquid petroleum product 32
transmission pipeline of the following dimensions: A pipeline larger 33
than six inches minimum inside diameter between valves for the 34
transmission of these products with a total length of at least 35
((fifteen)) 15 miles; 36
(b) Natural gas, synthetic fuel gas, or liquefied petroleum gas 37
transmission pipeline of the following dimensions: A pipeline larger 38
than ((fourteen)) 14 inches minimum inside diameter between valves, 39
for the transmission of these products, with a total length of at 40
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least ((fifteen)) 15 miles for the purpose of delivering gas to a 1
distribution facility, except an interstate natural gas pipeline 2
regulated by the United States federal energy regulatory commission.3
(30) "Zoning ordinance" means an ordinance of a unit of local 4
government regulating the use of land and adopted pursuant to chapter 5
35.63, 35A.63, 36.70, or 36.70A RCW or Article XI of the state 6
Constitution, or as otherwise designated by chapter 325, Laws of 7
2007. 8
Sec. 2. RCW 80.50.060 and 2023 c 229 s 4 are each amended to 9
read as follows: 10
(1)(a) The provisions of this chapter apply to the construction 11
of energy facilities which includes the new construction of energy 12
facilities and the reconstruction or enlargement of existing energy 13
facilities where the net increase in physical capacity or dimensions 14
resulting from such reconstruction or enlargement meets or exceeds 15
those capacities or dimensions set forth in RCW 80.50.020 (14) and 16
(29). No construction or reconstruction of such energy facilities may 17
be undertaken, except as otherwise provided in this chapter, without 18
first obtaining certification in the manner provided in this chapter.19
(b) If applicants proposing the following types of facilities 20
choose to receive certification under this chapter, the provisions of 21
this chapter apply to the construction, reconstruction, or 22
enlargement of these new or existing facilities: 23
(i) Facilities that produce refined biofuel, but which are not 24
capable of producing 25,000 barrels or more per day;25
(ii) Alternative energy resource facilities; 26
(iii) Electrical transmission facilities: (A) Of a nominal 27
voltage of at least 115,000 volts; and (B) located in more than one 28
jurisdiction that has promulgated land use plans or zoning 29
ordinances; 30
(iv) Clean energy product manufacturing facilities; ((and))31
(v) Storage facilities; and32
(vi) Fusion energy facilities. However, such a fusion energy 33
facility receiving site certification must also secure required 34
licenses and registrations, or equivalent authorizations, for 35
radiation control purposes from designated state or federal agencies.36
(c) All of the council's powers with regard to energy facilities 37
apply to all of the facilities in (b) of this subsection and these 38
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facilities are subject to all provisions of this chapter that apply 1
to an energy facility. 2
(2)(a) The provisions of this chapter must apply to:3
(i) The construction, reconstruction, or enlargement of new or 4
existing electrical transmission facilities: (A) Of a nominal voltage 5
of at least 500,000 volts alternating current or at least 300,000 6
volts direct current; (B) located in more than one county; and (C) 7
located in the Washington service area of more than one retail 8
electric utility; and 9
(ii) The construction, reconstruction, or modification of 10
electrical transmission facilities when the facilities are located in 11
a national interest electric transmission corridor as specified in 12
RCW 80.50.045. 13
(b) For the purposes of this subsection, "modification" means a 14
significant change to an electrical transmission facility and does 15
not include the following: (i) Minor improvements such as the 16
replacement of existing transmission line facilities or supporting 17
structures with equivalent facilities or structures; (ii) the 18
relocation of existing electrical transmission line facilities; (iii) 19
the conversion of existing overhead lines to underground; or (iv) the 20
placing of new or additional conductors, supporting structures, 21
insulators, or their accessories on or replacement of supporting 22
structures already built. 23
(3) The provisions of this chapter shall not apply to normal 24
maintenance and repairs which do not increase the capacity or 25
dimensions beyond those set forth in RCW 80.50.020 (14) and (29).26
(4) Applications for certification of energy facilities made 27
prior to July 15, 1977, shall continue to be governed by the 28
applicable provisions of law in effect on the day immediately 29
preceding July 15, 1977, with the exceptions of RCW 80.50.071 which 30
shall apply to such prior applications and to site certifications 31
prospectively from July 15, 1977. 32
(5) Applications for certification shall be upon forms prescribed 33
by the council and shall be supported by such information and 34
technical studies as the council may require. 35
(6) Upon receipt of an application for certification under this 36
chapter, the chair of the council shall notify: 37
(a) The appropriate county legislative authority or authorities 38
where the proposed facility is located; 39
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(b) The appropriate city legislative authority or authorities 1
where the proposed facility is located; 2
(c) The department of archaeology and historic preservation; and3
(d) The appropriate federally recognized tribal governments that 4
may be affected by the proposed facility. 5
(7) The council must work with local governments where a project 6
is proposed to be sited in order to provide for meaningful 7
participation and input during siting review and compliance 8
monitoring. 9
(8) The council must consult with all federally recognized tribes 10
that possess resources, rights, or interests reserved or protected by 11
federal treaty, statute, or executive order in the area where an 12
energy facility is proposed to be located to provide early and 13
meaningful participation and input during siting review and 14
compliance monitoring. The chair and designated staff must offer to 15
conduct government-to-government consultation to address issues of 16
concern raised by such a tribe. The goal of the consultation process 17
is to identify tribal resources or rights potentially affected by the 18
proposed energy facility and to seek ways to avoid, minimize, or 19
mitigate any adverse effects on tribal resources or rights. The chair 20
must provide regular updates on the consultation to the council 21
throughout the application review process. The report from the 22
council to the governor required in RCW 80.50.100 must include a 23
summary of the government-to-government consultation process that 24
complies with RCW 42.56.300, including the issues and proposed 25
resolutions. 26
(9) The department of archaeology and historic preservation shall 27
coordinate with the affected federally recognized tribes and the 28
applicant in order to assess potential effects to tribal cultural 29
resources, archaeological sites, and sacred sites.30
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