Energy facility site eval.

AN ACT Relating to facilitating predictable and timely 1
application decisions by the energy facility site evaluation council; 2
amending RCW 80.50.090 and 80.50.100; and repealing RCW 80.50.075 and 3
80.50.320. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 80.50.090 and 2022 c 183 s 9 are each amended to 6
read as follows: 7
(1) The council shall conduct an informational public hearing in 8
the county of the proposed site as soon as practicable but not later 9
than ((sixty)) 60 days after receipt of an application for site 10
certification. However, the place of such public hearing shall be as 11
close as practical to the proposed site. 12
(2) Subsequent to the informational public hearing, the council 13
shall conduct a public hearing to determine whether or not the 14
proposed site is consistent and in compliance with city, county, or 15
regional land use plans or zoning ordinances on the date of the 16
application. 17
(3)(a) After the submission of an environmental checklist and 18
prior to issuing a threshold determination that a facility is likely 19
to cause a significant adverse environmental impact under chapter 20
43.21C RCW, the director must notify the project applicant and 21
H-0378.3
HOUSE BILL 1237
State of Washington 69th Legislature 2025 Regular Session
By Representatives Fitzgibbon, Berry, Fosse, Simmons, Duerr, Ormsby,
Hill, and Tharinger
Prefiled 01/10/25. Read first time 01/13/25. Referred to Committee
on Environment & Energy.
p. 1 HB 1237
explain in writing the basis for its anticipated determination of 1
significance. Prior to issuing the threshold determination of 2
significance, the director must give the project applicant the option 3
of withdrawing and revising its application and the associated 4
environmental checklist to clarify or make changes to features of the 5
proposal that are designed to mitigate the impacts that were the 6
basis of the director's anticipated determination of significance. 7
The director shall make the threshold determination based upon the 8
changed or clarified proposal following the applicant's submittal. 9
The director must provide an opportunity for public comment on a 10
project for which a project applicant has withdrawn and revised the 11
application and environmental checklist and subsequently received a 12
threshold determination of nonsignificance or mitigated determination 13
of nonsignificance. 14
(b) The notification required under (a) of this subsection is not 15
an official determination by the director and is not subject to 16
appeal under chapter 43.21C RCW. 17
(4) ((Prior to the issuance of a council recommendation to the 18
governor under RCW 80.50.100)) If the council determines under 19
subsection (2) of this section that the proposed site is inconsistent 20
or not in compliance with applicable land use plans or zoning 21
ordinances on the date of application, a public hearing, conducted as 22
an adjudicative proceeding under chapter 34.05 RCW, the 23
administrative procedure act, shall be held prior to the issuance of 24
a council recommendation to the governor under RCW 80.50.100.25
(((a) At such public hearing any person shall be entitled to be 26
heard in support of or in opposition to the application for 27
certification by raising one or more specific issues, provided that 28
the person has raised the issue or issues in writing with specificity 29
during the application review process or during the public comment 30
period that will be held prior to the start of the adjudicative 31
hearing.32
(b) If the environmental impact of the proposed facility in an 33
application for certification is not significant or will be mitigated 34
to a nonsignificant level under RCW 43.21C.031, the council may limit 35
the topic of the public hearing conducted as an )) The adjudicative 36
proceeding ((under this section to )) shall consider whether any land 37
use plans or zoning ordinances with which the proposed site is 38
determined to be inconsistent under subsection (2) of this section 39
should be preempted. 40
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(5) ((After expedited processing is granted under RCW 80.50.075, 1
the)) The council must hold a public ((meeting)) hearing to take 2
comments on the proposed application after the issuance of a final 3
environmental impact statement, if any, and prior to issuing a 4
council recommendation to the governor. 5
(6) Additional public hearings shall be held as deemed 6
appropriate by the council in the exercise of its functions under 7
this chapter. 8
Sec. 2. RCW 80.50.100 and 2022 c 183 s 10 are each amended to 9
read as follows: 10
(1)(a) The council shall report to the governor its 11
recommendations as to the approval or rejection of an application for 12
certification within ((twelve)) 12 months of receipt by the council 13
of an application deemed complete by the director, or such later time 14
as is mutually agreed by the council and the applicant.15
(b) The council shall review and consider comments received 16
during the application process in making its recommendation.17
(c) In the case of an application filed prior to December 31, 18
2025, for certification of an energy facility proposed for 19
construction, modification, or expansion for the purpose of providing 20
generating facilities that meet the requirements of RCW 80.80.040 and 21
are located in a county with a coal-fired electric generation 22
facility subject to RCW 80.80.040(3)(c), the council shall expedite 23
the processing of the application ((pursuant to RCW 80.50.075)) and 24
shall report its recommendations to the governor within ((one hundred 25
eighty)) 180 days of receipt by the council of such an application, 26
or a later time as is mutually agreed by the council and the 27
applicant. 28
(2) If the council recommends approval of an application for 29
certification, it shall also submit a draft certification agreement 30
with the report. The council shall include conditions in the draft 31
certification agreement to implement the provisions of this chapter 32
including, but not limited to, conditions to protect state, local 33
governmental, or community interests, or overburdened communities as 34
defined in RCW 70A.02.010 affected by the construction or operation 35
of the facility, and conditions designed to recognize the purpose of 36
laws or ordinances, or rules or regulations promulgated thereunder, 37
that are preempted or superseded pursuant to RCW 80.50.110 as now or 38
hereafter amended. 39
p. 3 HB 1237
(3)(a) The council shall recommend that the governor approve an 1
application for an alternative energy resource, a clean energy 2
manufacturing facility, a biofuel production facility, a fusion 3
energy facility, a storage facility, or an electric transmission 4
facility if it determines that the preponderance of evidence on the 5
record supports the following conclusions:6
(i) The project provides public benefits that include:7
(A) Contributions to meeting:8
(I) The greenhouse gas emissions limits under RCW 70A.45.020;9
(II) The requirements for the sale of greenhouse gas neutral 10
electricity by 2030 and 100 percent nonemitting, electric generation 11
and electricity from renewable resources by 2045 under RCW 19.405.040 12
and 19.405.050; or 13
(III) The state energy strategy prepared by the department of 14
commerce;15
(B) Public health, environmental, economic, and other benefits of 16
greenhouse gas reductions, considering the social cost of carbon as 17
determined under RCW 80.28.405;18
(C) Tax benefits;19
(D) Community benefits; and20
(E) Creation of jobs;21
(ii) The project avoids, minimizes, or mitigates, to the maximum 22
extent practicable, significant adverse environmental impacts 23
identified through review under chapter 43.21C RCW related to the 24
siting, design, construction, and operation of the project;25
(iii) The project avoids, minimizes, or mitigates to the maximum 26
extent practicable, significant adverse impacts identified through 27
review under chapter 43.21C RCW on historical, archaeological, and 28
cultural resources;29
(iv) The project avoids, minimizes, or mitigates to the maximum 30
extent practicable, significant adverse impacts identified through 31
review under chapter 43.21C RCW to threatened and endangered species;32
(v) The applicant has taken measures to ensure that the project 33
avoids, minimizes, or mitigates impacts to overburdened communities 34
and vulnerable populations, as those terms are defined in RCW 35
70A.02.010, and that the project will provide benefits to 36
overburdened communities and vulnerable populations in the vicinity 37
of the project;38
(vi) The project does not present an unreasonable threat to 39
health and safety; and40
p. 4 HB 1237
(vii) The applicant has agreed to reasonable requirements for 1
project decommissioning that ensure, to the maximum extent 2
practicable, that project components are reused, refurbished, or 3
disposed of in a manner consistent with state and federal 4
requirements for waste disposal or recycling, and that lands affected 5
by the project are restored to their pre-project condition to the 6
maximum extent practicable.7
(b) For purposes of this subsection (3), the council's 8
determination of what is practicable must include consideration of 9
economic viability.10
(4)(a) Within 60 days of receipt of the council's report the 11
governor shall take one of the following actions: 12
(i) Approve the application and execute the draft certification 13
agreement; or 14
(ii) Reject the application; or 15
(iii) Direct the council to reconsider certain aspects of the 16
draft certification agreement. 17
(b) The council shall reconsider such aspects of the draft 18
certification agreement by reviewing the existing record of the 19
application or, as necessary, by reopening the adjudicative 20
proceeding for the purposes of receiving additional evidence. Such 21
reconsideration shall be conducted expeditiously. The council shall 22
resubmit the draft certification to the governor incorporating any 23
amendments deemed necessary upon reconsideration. Within 60 days of 24
receipt of such draft certification agreement, the governor shall 25
either approve the application and execute the certification 26
agreement or reject the application. The certification agreement 27
shall be binding upon execution by the governor and the applicant.28
(((4))) (5) The rejection of an application for certification by 29
the governor shall be final as to that application but shall not 30
preclude submission of a subsequent application for the same site on 31
the basis of changed conditions or new information.32
NEW SECTION. Sec. 3. The following acts or parts of acts are 33
each repealed:34
(1) RCW 80.50.075 (Expedited processing of applications) and 2022 35
c 183 s 18, 2006 c 205 s 2, 1989 c 175 s 172, & 1977 ex.s. c 371 s 36
17; and 37
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(2) RCW 80.50.320 (Governor to evaluate council efficiency, make 1
recommendations) and 2001 c 214 s 8. 2
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p. 6 HB 1237