Wind & solar siting approval

AN ACT Relating to requiring local government and tribal approval 1
of wind and solar siting recommendations by the energy facility site 2
evaluation council; amending RCW 80.50.100; and declaring an 3
emergency. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 80.50.100 and 2022 c 183 s 10 are each amended to 6
read as follows: 7
(1)(a) The council shall report to the governor its 8
recommendations as to the approval or rejection of an application for 9
certification within ((twelve)) 12 months of receipt by the council 10
of an application deemed complete by the director, or such later time 11
as is mutually agreed by the council and the applicant.12
(b) The council shall review and consider comments received 13
during the application process in making its recommendation.14
(c) In the case of an application filed prior to December 31, 15
2025, for certification of an energy facility proposed for 16
construction, modification, or expansion for the purpose of providing 17
generating facilities that meet the requirements of RCW 80.80.040 and 18
are located in a county with a coal-fired electric generation 19
facility subject to RCW 80.80.040(3)(c), the council shall expedite 20
the processing of the application pursuant to RCW 80.50.075 and shall 21
H-0141.1
HOUSE BILL 1188
State of Washington 69th Legislature 2025 Regular Session
By Representatives Dye, Klicker, Jacobsen, Caldier, and Couture
Prefiled 01/07/25. Read first time 01/13/25. Referred to Committee
on Environment & Energy.
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report its recommendations to the governor within ((one hundred 1
eighty)) 180 days of receipt by the council of such an application, 2
or a later time as is mutually agreed by the council and the 3
applicant. 4
(2) If the council recommends approval of an application for 5
certification, it shall also submit a draft certification agreement 6
with the report. The council shall include conditions in the draft 7
certification agreement to implement the provisions of this chapter 8
including, but not limited to, conditions to protect state, local 9
governmental, or community interests, or overburdened communities as 10
defined in RCW 70A.02.010 affected by the construction or operation 11
of the facility, and conditions designed to recognize the purpose of 12
laws or ordinances, or rules or regulations promulgated thereunder, 13
that are preempted or superseded pursuant to RCW 80.50.110 as now or 14
hereafter amended. 15
(3) For wind or solar energy facility siting recommendations:16
(a) The council must report a recommendation as to the approval 17
of an application for certification to the appropriate county 18
legislative authority and each affected federally recognized tribe at 19
the same time as the recommendation to the governor under subsection 20
(1)(a) of this section.21
(b) As a precondition of approval of an application and draft 22
certification agreement by the governor under subsection (4) of this 23
section, each affected federally recognized tribe and the appropriate 24
county legislative authority must approve of the recommendation by 25
adopting a resolution.26
(c) Within 90 days of the submission of the recommendation to the 27
appropriate county legislative authority and each affected federally 28
recognized tribe, the county legislative authority or tribe may:29
(i) Approve the application and draft site certification 30
agreement by adopting a resolution;31
(ii) Reject the application and draft site certification 32
agreement or elect to fail to approve the application and draft site 33
certification agreement; or34
(iii) Adopt a resolution requesting the council to reconsider 35
certain aspects of the draft certification agreement, consistent with 36
subsection (4)(b) of this section, within 60 days of the adoption of 37
the resolution. After reconsidering the draft certification 38
agreement, the council must report its revised recommendations to 39
each affected federally recognized tribe and the appropriate county 40
p. 2 HB 1188
legislative authority for approval consistent with the processes 1
established in (a) through (c) of this subsection. 2
(d) The governor may not approve an application or execute a 3
draft site certification agreement for which the appropriate county 4
legislative authority and each affected federally recognized tribe 5
has not submitted to the council a copy of its resolution approving 6
of the application and draft site certification agreement.7
(e) The council must report to the governor immediately upon its 8
receipt of all of the approval resolutions required under this 9
subsection.10
(f) This subsection applies to each draft certification agreement 11
recommended to the governor after the effective date of this section.12
(4)(a) Within 60 days of receipt of the council's report or, for 13
wind or solar energy facility siting recommendations, the council's 14
receipt of a copy of all of the approval resolutions required under 15
subsection (3) of this section, the governor shall take one of the 16
following actions: 17
(i) Approve the application and execute the draft certification 18
agreement; or 19
(ii) Reject the application; or 20
(iii) Direct the council to reconsider certain aspects of the 21
draft certification agreement. 22
(b) The council shall reconsider such aspects of the draft 23
certification agreement by reviewing the existing record of the 24
application or, as necessary, by reopening the adjudicative 25
proceeding for the purposes of receiving additional evidence. Such 26
reconsideration shall be conducted expeditiously. The council shall 27
resubmit the draft certification to the governor incorporating any 28
amendments deemed necessary upon reconsideration. Within 60 days of 29
receipt of such draft certification agreement, the governor shall 30
either approve the application and execute the certification 31
agreement or reject the application. The certification agreement 32
shall be binding upon execution by the governor and the applicant.33
(((4))) (5) The rejection of an application for certification by 34
the governor shall be final as to that application but shall not 35
preclude submission of a subsequent application for the same site on 36
the basis of changed conditions or new information.37
NEW SECTION. Sec. 2. This act is necessary for the immediate 38
preservation of the public peace, health, or safety, or support of 39
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the state government and its existing public institutions, and takes 1
effect immediately. 2
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