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HB1847 • 2026
Prioritizing the development of distributed alternative energy resources in targeted circumstances.
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
Distributed alt.
By resolution, reintroduced and retained in present status.
Distributed alt. energy dev.
AN ACT Relating to prioritizing the development of distributed 1 alternative energy resources in targeted circumstances; amending RCW 2 43.21C.530, 19.405.060, 19.405.090, 19.280.030, 84.34.020, 84.34.070, 3 36.70A.177, and 36.70A.060; adding new sections to chapter 43.21F 4 RCW; adding a new section to chapter 43.30 RCW; adding a new section 5 to chapter 47.01 RCW; adding a new section to chapter 79A.05 RCW; 6 adding a new section to chapter 77.04 RCW; adding a new section to 7 chapter 43.19 RCW; adding a new section to chapter 72.09 RCW; adding 8 a new section to chapter 43.20A RCW; adding a new section to chapter 9 43.216 RCW; adding a new section to chapter 43.330 RCW; adding a new 10 section to chapter 36.34 RCW; adding a new section to chapter 35.21 11 RCW; adding a new section to chapter 35A.21 RCW; adding a new section 12 to chapter 53.08 RCW; adding a new section to chapter 82.29A RCW; and 13 creating a new section. 14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:15 NEW SECTION. Sec. 1. (1) The legislature finds that, as 16 Washington works towards meeting its goals under the clean energy 17 transformation act, we see many larger-scale renewable energy 18 projects proposed. These projects can come with significant 19 challenges. This act aims to incentivize the development of renewable 20 energy on lands and structures that have minimal disruption to 21 H-0123.4 HOUSE BILL 1847 State of Washington 69th Legislature 2025 Regular Session By Representatives Doglio, Reed, Parshley, and Ramel Read first time 02/05/25. Referred to Committee on Environment & Energy. p. 1 HB 1847 natural habitats, communities, cultural resources, and agriculture. 1 This could include small-scale wind energy developments, solar energy 2 developments on landfills, structures, and other developed lands, and 3 the placement of solar panels on agricultural lands that ensure the 4 continued viability of agriculture alongside energy production.5 (2) Washington state can lead by example, showing commitment to 6 our own clean energy goals by identifying state lands and buildings 7 appropriate for clean energy projects, ensuring that state resources 8 are leveraged to meet our broader goals. Utilities can integrate 9 lower conflict clean energy development into their clean energy 10 targets. Incentivizing distributed energy can help us protect our 11 rich agricultural lands and meet our clean energy goals.12 NEW SECTION. Sec. 2. A new section is added to chapter 43.21F 13 RCW to read as follows: 14 (1) The following categories of clean energy facilities and 15 nonproject activities that reduce environmental impacts are 16 determined to constitute distributed energy priorities:17 (a) Solar energy generation and accompanying energy storage and 18 electricity transmission and distribution, including vehicle charging 19 equipment, when such facilities are located: 20 (i) Within the easement, right-of-way, or existing footprint of 21 electrical transmission facilities; 22 (ii) Within the easement, right-of-way, or existing footprint of 23 a state highway or city or county road; 24 (iii) On structures over or enclosing irrigation canals, drainage 25 ditches, and irrigation, agricultural, livestock supply, stormwater, 26 or wastewater reservoirs or similar impoundments of state waters that 27 do not host salmon or steelhead trout runs; 28 (iv) On elevated structures over parking lots;29 (v) On lands within an airport or restricted from other 30 developments by airport operations; 31 (vi) On closed or capped portions of landfills;32 (vii) On reclaimed or former surface mine lands or contaminated 33 sites that have been remediated under chapter 70A.305 RCW or the 34 federal comprehensive environmental response, compensation, and 35 liability act (42 U.S.C. Sec. 9601 et seq.) in a manner that includes 36 an asphalt or soil cap; 37 (viii) As an agrivoltaic facility; and 38 (ix) On existing structures; 39 p. 2 HB 1847 (b) Wind energy generation that is not a utility-scale wind 1 energy facility as defined in RCW 70A.550.010, and accompanying 2 energy storage and transmission and distribution equipment, including 3 vehicle charging equipment; 4 (c) Energy storage, when such facilities are located:5 (i) Within the easement, right-of-way, or existing footprint of 6 electrical transmission facilities; 7 (ii) Within the easement, right-of-way, or existing footprint of 8 a state highway or city or county road; 9 (iii) On lands within an airport or restricted from other 10 developments by airport operations; 11 (iv) On closed or capped portions of landfills;12 (v) On reclaimed or former surface mine lands;13 (vi) On contaminated sites that have been remediated under 14 chapter 70A.305 RCW or the federal comprehensive environmental 15 response, compensation, and liability act (42 U.S.C. Sec. 9601 et 16 seq.) in a manner that includes an asphalt or soil cap; and17 (vii) On or in existing structures; 18 (d) Programs that reduce electric demand, manage the level or 19 timing of electricity consumption, or provide electricity storage, 20 renewable or nonemitting electric energy, capacity, or ancillary 21 services to an electric utility and that are located on the 22 distribution system, any subsystem of the distribution system, or 23 behind the customer meter, including conservation and energy 24 efficiency; and 25 (e) Programs that reduce energy demand, manage the level or 26 timing of energy consumption, or provide thermal energy storage.27 (2)(a) The department must review and, when appropriate, 28 periodically recommend to the legislature additional types of 29 distributed energy priorities for inclusion on the list under 30 subsection (1) of this section. 31 (b) The identification of distributed energy priorities in 32 subsection (1) of this section applies to the maximum extent 33 practical under state and federal law, but does not include any 34 development sites or activities prohibited under other state or 35 federal laws. 36 (3)(a) For purposes of this section, "agrivoltaic facility" means 37 a solar energy generation facility designed to be operated coincident 38 with continued productive agricultural use of the land or the 39 provision of ecological value, including habitat, or both.40 p. 3 HB 1847 (b) An agrivoltaic facility must not permanently or significantly 1 degrade the agricultural or ecological productivity of the land after 2 the cessation of the operation of the facility or involve the sale of 3 a water right associated with the land. 4 (c) An agrivoltaics facility must not cause the temporary or 5 permanent conversion of land from agricultural uses.6 (d) An agrivoltaic facility must be designed to continue to 7 produce marketable and measurable agricultural products or ecosystem 8 services under a business plan that considers soils, infrastructure, 9 support services, water access, succession, and market access of any 10 agricultural products to be produced at the facility.11 (e) For agrivoltaic facilities featuring continued agricultural 12 production, solar panel arrays must be designed and installed in a 13 manner that supports the continuation of a viable farm operation for 14 the life of the array, and must consider, as appropriate, the 15 availability of light, water infrastructure for crops or animals, and 16 panel height and spacing relative to farm machinery needs.17 NEW SECTION. Sec. 3. A new section is added to chapter 43.21F 18 RCW to read as follows: 19 The department must assist in identifying, coordinating, and 20 implementing opportunities for state government, in its role as a 21 regulator, energy consumer, or possessor of property and assets 22 capable of being used for alternative energy resource production, to 23 facilitate the development of alternative energy resources, as 24 defined in RCW 80.50.020, including facilitating distributed energy 25 priorities identified in section 2 of this act. 26 Sec. 4. RCW 43.21C.530 and 2023 c 230 s 301 are each amended to 27 read as follows: 28 (1) The definitions in this subsection apply throughout this 29 section unless the context clearly requires otherwise.30 (a) "Alternative energy resource" has the same meaning as defined 31 in RCW 80.50.020. 32 (b) "Alternative jet fuel" has the same meaning as defined in RCW 33 43.158.010. 34 (c) "Associated facilities" has the same meaning as defined in 35 RCW 43.158.010. 36 (d) "Clean energy product manufacturing facility" has the same 37 meaning as defined in RCW 43.158.010. 38 p. 4 HB 1847 (e) "Clean energy project" has the same meaning as defined in RCW 1 43.158.010. 2 (f) "Closely related proposals" means proposals that:3 (i) Cannot or will not proceed unless the other proposals, or 4 parts of proposals, are implemented simultaneously with them; or5 (ii) Are interdependent parts of a larger proposal and depend on 6 the larger proposal as their justification or for their 7 implementation. 8 (g) "Green electrolytic hydrogen" has the same meaning as defined 9 in RCW 80.50.020. 10 (h) "Green hydrogen carrier" has the same meaning as defined in 11 RCW 80.50.020. 12 (i) "Renewable hydrogen" has the same meaning as defined in RCW 13 80.50.020. 14 (j) "Renewable natural gas" has the same meaning as defined in 15 RCW 80.50.020. 16 (k) "Renewable resource" has the same meaning as defined in RCW 17 80.50.020. 18 (l) "Storage facility" has the same meaning as defined in RCW 19 80.50.020. 20 (2)(a) After the submission of an environmental checklist and 21 prior to issuing a threshold determination that a clean energy 22 project proposal is likely to cause a probable significant adverse 23 environmental impact consistent with RCW 43.21C.033, the lead agency 24 must notify the project applicant and explain in writing the basis 25 for its anticipated determination of significance. Prior to issuing 26 the threshold determination of significance, the lead agency must 27 give the project applicant the option of withdrawing and revising its 28 application and the associated environmental checklist. The lead 29 agency shall make its threshold determination based upon the changed 30 or clarified application and associated environmental checklist. The 31 responsible official has no more than 30 days from the date of the 32 resubmission of a clarified or changed application to make a 33 threshold determination, unless the applicant makes material changes 34 that substantially modify the impact of the proposal, in which case 35 the responsible official must treat the resubmitted clarified or 36 changed application as new, and is subject to the timelines 37 established in RCW 43.21C.033. 38 p. 5 HB 1847 (b) The notification required under (a) of this subsection is not 1 an official determination by the lead agency and is not subject to 2 appeal under this chapter. 3 (c) Nothing in this subsection amends the requirements of RCW 4 43.21C.033 as they apply to proposals that are not for clean energy 5 projects and nothing in this subsection precludes the lead agency 6 from allowing an applicant for a proposal that is not a clean energy 7 project to follow application processes similar to or the same as the 8 application processes identified in this subsection.9 (3)(a) When an environmental impact statement is required, a lead 10 agency shall prepare a final environmental impact statement for clean 11 energy projects within 24 months of a threshold determination of a 12 probable significant, adverse environmental impact.13 (b) A lead agency may work with clean energy project applicants 14 to set or extend a time limit longer than 24 months under (a) of this 15 subsection, provided the: 16 (i) Applicant agrees to a longer time limit; and17 (ii) Responsible official for the lead agency maintains an 18 updated schedule available for public review. 19 (c) For all clean energy projects that require the preparation of 20 an environmental impact statement, the lead agency shall work 21 collaboratively with applicants and all agencies that will have 22 actions requiring review under this chapter to develop a schedule 23 that shall: 24 (i) Include a list of, and roles and responsibilities for, all 25 entities that have actions requiring review under this chapter for 26 the project; 27 (ii) Include a comprehensive schedule of dates by which review 28 under this chapter will be completed, all actions requiring review 29 under this chapter will be taken, and the public will have an 30 opportunity to participate; 31 (iii) Be completed within 60 days of issuance of a determination 32 of significance; 33 (iv) Be updated as needed, but no later than 30 days of missing a 34 date on the schedule; and 35 (v) Be available for public review on the state environmental 36 policy act register. 37 (d) A lead agency may fulfill its responsibilities under this 38 subsection with a coordinated project plan prepared pursuant to 42 39 p. 6 HB 1847 U.S.C. Sec. 4370m–2 (c)(1) if it includes all dates identified under 1 (c)(ii) of this subsection. 2 (e) A failure to comply with the requirements in this subsection 3 is not subject to appeal and does not provide a basis for the 4 invalidation of the review by an agency under this chapter. Nothing 5 in this subsection creates any civil liability for an agency or 6 creates a new cause of action against an agency. 7 (f) For clean energy projects, the provisions of this subsection 8 are in addition to the requirements of RCW 43.21C.0311.9 (4) This subsection provides clarifications on the content of 10 review under this chapter specific to clean energy projects.11 (a) In defining the proposal that is the subject of review under 12 this chapter, a lead agency may not combine the evaluation of a clean 13 energy project proposal with other proposals unless the:14 (i) Proposals are closely related; or 15 (ii) Applicant agrees to combining the proposals' evaluation.16 (b) An agency with authority to impose mitigation under RCW 17 43.21C.060 may require mitigation measures for clean energy projects 18 only to address the environmental impacts that are attributable to 19 and caused by a proposal. 20 (5)(a)(i) The department of ecology must evaluate, in light of 21 the goals of chapters 70A.45 and 19.405 RCW, the appropriateness of 22 tools available under this chapter to expedite the processes required 23 by this chapter, for alternative energy resource, energy storage, and 24 electricity transmission and distribution actions that are unlikely 25 to result in significant adverse environmental impacts. For each 26 specific category of such projects, the department of ecology may, as 27 appropriate:28 (A) Categorically exempt from compliance with this chapter 29 certain projects. The department may limit the availability of a 30 categorical exemption under this subsection to development actions 31 that do not exceed certain size thresholds or that are carried out in 32 specified circumstances or locations; or33 (B) Identify circumstances where it is appropriate to identify 34 standardized mitigation, which may include best management practices, 35 for potential adverse environmental impacts. When implemented, the 36 standardized mitigation developed under this subsection must be 37 considered in a threshold determination under this chapter.38 p. 7 HB 1847 (ii) The categorical exemption or standardized mitigation 1 available under this subsection must, at minimum, be available, under 2 specified circumstances, to proposed actions related to the:3 (A) Categories of projects identified as distributed energy 4 priorities under section 2 of this act other than projects on 5 elevated structures over irrigation canals, drainage ditches, and 6 reservoirs or similar impoundments of state waters; and7 (B) Construction of structures with a footprint of less than 8 1,000 square feet that support solar energy generation panels or 9 other equipment, if the construction of such structures is not 10 undertaken wholly or partly on lands covered by water.11 (b) In adopting rules under this subsection, the department must:12 (i) Consider the nonproject environmental impact statements 13 prepared pursuant to RCW 43.21C.405 and 43.21C.535; 14 (ii) Consider applicable rules, guidance, and environmental best 15 management practices adopted by federal agencies, and the scope and 16 applicability of any similar exemptions under federal statute and 17 rules to environmental review requirements under the national 18 environmental policy act, 42 U.S.C. Sec. 4321 et seq.; and19 (iii) Request and consider input from agencies, federally 20 recognized Indian tribes, stakeholders, local governments, and the 21 public in a manner that satisfies the obligations of chapters 34.05 22 and 70A.02 RCW, including to assist in the identification of the 23 suitable scope, size thresholds, circumstances, best management 24 practices, and mitigation measures.25 (c) In recognition of the state's regulatory requirements, which 26 include 2030 and 2045 compliance deadlines for clean energy under 27 chapter 19.405 RCW, and the urgency of the need to facilitate energy 28 infrastructure developments, the department must aspire to finalize 29 the adoption of rules under this subsection by January 1, 2028, so as 30 to enable the application of the categorical exemptions and 31 standardized mitigation under this subsection as quickly as possible.32 NEW SECTION. Sec. 5. A new section is added to chapter 43.21F 33 RCW to read as follows: 34 (1)(a) By December 1, 2026, each of the following state agencies, 35 in consultation with the department, must identify real property 36 assets, such as rooftops, parking structures, and adjoining lands, 37 within its management purview that are most suitable for alternative 38 energy resource, energy storage, or electricity transmission and 39 p. 8 HB 1847 distribution, including electric vehicle charging equipment and 1 development: 2 (i) The department of transportation; 3 (ii) The department of natural resources; 4 (iii) The department of enterprise services; 5 (iv) The department of fish and wildlife; 6 (v) The state parks and recreation commission; 7 (vi) The department of corrections; 8 (vii) The department of social and health services;9 (viii) The department of children, youth, and families; and10 (ix) Institutions of higher education, as defined in RCW 11 28B.10.016. 12 (b) In identifying lands under (a) of this subsection, each 13 agency: 14 (i) Must consult with the department, the department of ecology, 15 and the electric utilities that provide service in the geographic 16 areas of assets under state agency consideration; 17 (ii) Must take into consideration potential environmental 18 impacts, social conflicts associated with such developments, the 19 potential economic value of the alternative energy resource, energy 20 storage, or transmission development, and the likely costs of such 21 development; 22 (iii) Must prioritize the identification of real property assets 23 that are suitable for distributed energy priorities identified in 24 section 2 of this act; and 25 (iv) May rely on and update, as appropriate, any previous 26 assessments of assets under the agency's purview for purposes of 27 fulfilling the obligations of this section. 28 (2)(a) By December 1, 2026, the department, in consultation with 29 the state agencies identified in subsection (1) of this section, must 30 submit a report to appropriate committees of the legislature and the 31 interagency clean energy siting coordinating council identifying the 32 lands specified in subsection (1) of this section.33 (b) By December 1, 2028, relying upon the reports of each state 34 agency under subsection (1) of this section, the department must 35 publish targets for each state agency to make available real property 36 assets in support of the achievement of the limits and targets 37 specified in chapters 70A.45, 19.405, and 70A.65 RCW and that are 38 reasonably achievable by each agency by the conclusion of calendar 39 year 2035. The targets established under this section must include 40 p. 9 HB 1847 separate agencywide targets for each state agency named in subsection 1 (1) of this section for each of the following: (i) Electricity 2 production capacity of distributed energy priorities identified in 3 section 2 (1) (a) and (b) of this act; (ii) energy storage capacity; 4 and (iii) electricity transmission and distribution capacity.5 (c) Each state agency identified in subsection (1) of this 6 section must, to the extent authorized by state law, proactively make 7 real property assets available for development through leases, 8 agreements, or other mechanisms, or directly carry out development, 9 of distributed energy priorities identified in section 2 (1) (a) and 10 (b) of this act, energy storage, and electricity transmission and 11 distribution facilities, to enable the achievement of the targets 12 established in (b) of this subsection. 13 (3) For purposes of this section, "alternative energy resource" 14 has the same meaning as in RCW 80.50.020. 15 NEW SECTION. Sec. 6. A new section is added to chapter 43.30 16 RCW to read as follows: 17 In support of the limits of chapter 70A.45 RCW and the clean 18 power imperatives under chapter 19.405 RCW, it is the duty of the 19 department, in a manner that does not conflict with the other powers, 20 duties, and functions assigned to the department by law, to 21 facilitate the development of real property assets, such as rooftops, 22 parking structures, and adjoining lands, within its purview that are 23 suitable for distributed energy priorities identified in section 2 of 24 this act, energy storage, and electricity transmission and 25 distribution. 26 NEW SECTION. Sec. 7. A new section is added to chapter 47.01 27 RCW to read as follows: 28 In support of the limits of chapter 70A.45 RCW and the clean 29 power imperatives under chapter 19.405 RCW, it is the duty of the 30 department, in a manner that does not conflict with the other powers, 31 duties, and functions assigned to the department by law, to 32 facilitate the development of real property assets, such as rooftops, 33 parking structures, and adjoining lands, within its purview that are 34 suitable for distributed energy priorities identified in section 2 of 35 this act, energy storage, and electricity transmission and 36 distribution. 37 p. 10 HB 1847 NEW SECTION. Sec. 8. A new section is added to chapter 79A.05 1 RCW to read as follows: 2 In support of the limits of chapter 70A.45 RCW and the clean 3 power imperatives under chapter 19.405 RCW, it is the duty of the 4 commission, in a manner that does not conflict with the other powers, 5 duties, and functions assigned to the commission by law, to 6 facilitate the development of real property assets, such as rooftops, 7 parking structures, and adjoining lands, within its purview that are 8 suitable for distributed energy priorities identified in section 2 of 9 this act, energy storage, and electricity transmission and 10 distribution. 11 NEW SECTION. Sec. 9. A new section is added to chapter 77.04 12 RCW to read as follows: 13 In support of the limits of chapter 70A.45 RCW and the clean 14 power imperatives under chapter 19.405 RCW, it is the duty of the 15 department, in a manner that does not conflict with the other powers, 16 duties, and functions assigned to the department by law, to 17 facilitate the development of real property assets, such as rooftops, 18 parking structures, and adjoining lands, within its purview that are 19 suitable for distributed energy priorities identified in section 2 of 20 this act, energy storage, and electricity transmission and 21 distribution. 22 NEW SECTION. Sec. 10. A new section is added to chapter 43.19 23 RCW to read as follows: 24 In support of the limits of chapter 70A.45 RCW and the clean 25 power imperatives under chapter 19.405 RCW, it is the duty of the 26 department, in a manner that does not conflict with the other powers, 27 duties, and functions assigned to the department by law, to 28 facilitate the development of real property assets, such as rooftops, 29 parking structures, and adjoining lands, within its purview that are 30 suitable for distributed energy priorities identified in section 2 of 31 this act, energy storage, and electricity transmission and 32 distribution. 33 NEW SECTION. Sec. 11. A new section is added to chapter 72.09 34 RCW to read as follows: 35 In support of the limits of chapter 70A.45 RCW and the clean 36 power imperatives under chapter 19.405 RCW, it is the duty of the 37 p. 11 HB 1847 department, in a manner that does not conflict with the other powers, 1 duties, and functions assigned to the department by law, to 2 facilitate the development of real property assets, such as rooftops, 3 parking structures, and adjoining lands, within its purview that are 4 suitable for distributed energy priorities identified in section 2 of 5 this act, energy storage, and electricity transmission and 6 distribution. 7 NEW SECTION. Sec. 12. A new section is added to chapter 43.20A 8 RCW to read as follows: 9 In support of the limits of chapter 70A.45 RCW and the clean 10 power imperatives under chapter 19.405 RCW, it is the duty of the 11 department, in a manner that does not conflict with the other powers, 12 duties, and functions assigned to the department by law, to 13 facilitate the development of real property assets, such as rooftops, 14 parking structures, and adjoining lands, within its purview that are 15 suitable for distributed energy priorities identified in section 2 of 16 this act, energy storage, and electricity transmission and 17 distribution. 18 NEW SECTION. Sec. 13. A new section is added to chapter 43.216 19 RCW to read as follows: 20 In support of the limits of chapter 70A.45 RCW and the clean 21 power imperatives under chapter 19.405 RCW, it is the duty of the 22 department, in a manner that does not conflict with the other powers, 23 duties, and functions assigned to the department by law, to 24 facilitate the development of real property assets, such as rooftops, 25 parking structures, and adjoining lands, within its purview that are 26 suitable for distributed energy priorities identified in section 2 of 27 this act, energy storage, and electricity transmission and 28 distribution. 29 NEW SECTION. Sec. 14. A new section is added to chapter 43.330 30 RCW to read as follows: 31 Subject to appropriation, the department must administer a 32 matching grant program to support the activities of nonprofit 33 organizations that provide wastewater utility services and counties, 34 cities, port districts, and other municipal corporations in 35 identifying and developing or making available for development real 36 property assets, such as rooftops, parking structures, and adjoining 37 p. 12 HB 1847 lands, within the purview of those jurisdictions as market 1 participants that are potentially suitable for distributed energy 2 priorities identified in section 2 of this act, energy storage, and 3 electricity transmission and distribution. The department must, upon 4 request, provide technical assistance in support of the activities of 5 counties, cities, port districts, and other municipal corporations in 6 identifying and developing or making available for development real 7 property assets within its ownership that are potentially suitable 8 for alternative energy resource development. 9 NEW SECTION. Sec. 15. A new section is added to chapter 36.34 10 RCW to read as follows: 11 Each county is encouraged to identify and develop or make 12 available for development real property assets, such as rooftops, 13 parking structures, and adjoining lands, within its purview as a 14 market participant that are potentially suitable for distributed 15 energy priorities identified in section 2 of this act, energy storage 16 development, and electrical transmission and distribution.17 NEW SECTION. Sec. 16. A new section is added to chapter 35.21 18 RCW to read as follows: 19 Each city is encouraged to identify and develop or make available 20 for development real property assets, such as rooftops, parking 21 structures, and adjoining lands, within its purview as a market 22 participant that are potentially suitable for distributed energy 23 priorities identified in section 2 of this act, energy storage 24 development, and electrical transmission and distribution.25 NEW SECTION. Sec. 17. A new section is added to chapter 35A.21 26 RCW to read as follows: 27 Each city is encouraged to identify and develop or make available 28 for development real property assets, such as rooftops, parking 29 structures, and adjoining lands, within its purview as a market 30 participant that are potentially suitable for distributed energy 31 resources identified in section 2 of this act, energy storage 32 development, and electrical transmission and distribution.33 NEW SECTION. Sec. 18. A new section is added to chapter 53.08 34 RCW to read as follows: 35 p. 13 HB 1847 Each port district is encouraged to identify and develop or make 1 available for development real property assets, such as rooftops, 2 parking structures, and adjoining lands, that are potentially 3 suitable for distributed energy priorities identified in section 2 of 4 this act, energy storage development, and electrical transmission and 5 distribution. 6 Sec. 19. RCW 19.405.060 and 2024 c 351 s 14 are each amended to 7 read as follows: 8 (1)(a) By January 1, 2022, and every four years thereafter, each 9 investor-owned utility must develop and submit to the commission:10 (i) A four-year clean energy implementation plan for the 11 standards established under RCW 19.405.040(1) and 19.405.050(1) that 12 proposes specific targets for energy efficiency, demand response, 13 ((and)) renewable energy, distributed energy priorities identified in 14 section 2 of this act, and community solar projects as defined in RCW 15 80.28.370; and 16 (ii) Proposed interim targets for meeting the standard under RCW 17 19.405.040(1) during the years prior to 2030 and between 2030 and 18 2045. 19 (b) An investor-owned utility's clean energy implementation plan 20 must: 21 (i) Be informed by the investor-owned utility's clean energy 22 action plan developed under RCW 19.280.030; 23 (ii) Be consistent with subsection s (3) and (7) of this section; 24 and 25 (iii) Identify specific actions to be taken by the investor-owned 26 utility over the next four years, consistent with the utility's long-27 range integrated resource plan and resource adequacy requirements, 28 that demonstrate progress toward meeting the standards under RCW 29 19.405.040(1) and 19.405.050(1) and the interim targets proposed 30 under (a)(i) of this subsection. The specific actions identified must 31 be informed by the investor-owned utility's historic performance 32 under median water conditions and resource capability and by the 33 investor-owned utility's participation in centralized markets. In 34 identifying specific actions in its clean energy implementation plan, 35 the investor-owned utility may also take into consideration any 36 significant and unplanned loss or addition of load it experiences.37 (c) The commission, after a hearing, must by order approve, 38 reject, or approve with conditions an investor-owned utility's clean 39 p. 14 HB 1847 energy implementation plan and interim targets. The commission may, 1 in its order, recommend or require more stringent targets than those 2 proposed by the investor-owned utility. The commission may 3 periodically adjust or expedite timelines if it can be demonstrated 4 that the targets or timelines can be achieved in a manner consistent 5 with the following: 6 (i) Maintaining and protecting the safety, reliable operation, 7 and balancing of the electric system; 8 (ii) Planning to meet the standards at the lowest reasonable 9 cost, considering risk; 10 (iii) Ensuring that all customers are benefiting from the 11 transition to clean energy: Through the equitable distribution of 12 energy and nonenergy benefits and the reduction of burdens to 13 vulnerable populations and highly impacted communities; long-term and 14 short-term public health and environmental benefits and reduction of 15 costs and risks; and energy security and resiliency; and16 (iv) Ensuring that no customer or class of customers is 17 unreasonably harmed by any resulting increases in the cost of 18 utility-supplied electricity as may be necessary to comply with the 19 standards. 20 (2)(a) By January 1, 2022, and every four years thereafter, each 21 consumer-owned utility must develop and submit to the department a 22 four-year clean energy implementation plan for the standards 23 established under RCW 19.405.040(1) and 19.405.050(1) that:24 (i) Proposes interim targets for meeting the standard under RCW 25 19.405.040(1) during the years prior to 2030 and between 2030 and 26 2045, as well as specific targets for energy efficiency, demand 27 response, ((and)) renewable energy , and any combination of 28 distributed energy priorities identified in section 2 of this act and 29 community solar projects as defined in RCW 80.28.370;30 (ii) Is informed by the consumer-owned utility's clean energy 31 action plan developed under RCW 19.280.030(1) or other ten-year plan 32 developed under RCW 19.280.030(5); 33 (iii) Is consistent with subsection s (4) and (7) of this section; 34 and 35 (iv) Identifies specific actions to be taken by the consumer-36 owned utility over the next four years, consistent with the utility's 37 long-range resource plan and resource adequacy requirements, that 38 demonstrate progress towards meeting the standards under RCW 39 19.405.040(1) and 19.405.050(1) and the interim targets proposed 40 p. 15 HB 1847 under (a)(i) of this subsection. The specific actions identified must 1 be informed by the consumer-owned utility's historic performance 2 under median water conditions and resource capability and by the 3 consumer-owned utility's participation in centralized markets. In 4 identifying specific actions in its clean energy implementation plan, 5 the consumer-owned utility may also take into consideration any 6 significant and unplanned loss or addition of load it experiences.7 (b) The governing body of the consumer-owned utility must, after 8 a public meeting, adopt the consumer-owned utility's clean energy 9 implementation plan. The clean energy implementation plan must be 10 submitted to the department and made available to the public. The 11 governing body may adopt more stringent targets than those proposed 12 by the consumer-owned utility and periodically adjust or expedite 13 timelines if it can be demonstrated that such targets or timelines 14 can be achieved in a manner consistent with the following:15 (i) Maintaining and protecting the safety, reliable operation, 16 and balancing of the electric system; 17 (ii) Planning to meet the standards at the lowest reasonable 18 cost, considering risk; 19 (iii) Ensuring that all customers are benefiting from the 20 transition to clean energy: Through the equitable distribution of 21 energy and nonenergy benefits and reduction of burdens to vulnerable 22 populations and highly impacted communities; long-term and short-term 23 public health and environmental benefits and reduction of costs and 24 risks; and energy security and resiliency; and 25 (iv) Ensuring that no customer or class of customers is 26 unreasonably harmed by any resulting increases in the cost of 27 utility-supplied electricity as may be necessary to comply with the 28 standards. 29 (3)(a) An investor-owned utility must be considered to be in 30 compliance with the standards under RCW 19.405.040(1) and 31 19.405.050(1) if, over the four-year compliance period, the average 32 annual incremental cost of meeting the standards or the interim 33 targets established under subsection (1) of this section equals a two 34 percent increase of the investor-owned utility's weather-adjusted 35 sales revenue to customers for electric operations above the previous 36 year, as reported by the investor-owned utility in its most recent 37 commission basis report. All costs included in the determination of 38 cost impact must be directly attributable to actions necessary to 39 comply with the requirements of RCW 19.405.040 and 19.405.050.40 p. 16 HB 1847 (b) If an investor-owned utility relies on (a) of this subsection 1 as a basis for compliance with the standard under RCW 19.405.040(1), 2 then it must demonstrate that it has maximized investments in 3 renewable resources and nonemitting electric generation prior to 4 using alternative compliance options allowed under RCW 5 19.405.040(1)(b). 6 (4)(a) A consumer-owned utility must be considered to be in 7 compliance with the standards under RCW 19.405.040(1) and 8 19.405.050(1) if, over the four-year compliance period, the average 9 annual incremental cost of meeting the standards or the interim 10 targets established under subsection (2) of this section meets or 11 exceeds a two percent increase of the consumer-owned utility's retail 12 revenue requirement above the previous year. All costs included in 13 the determination of cost impact must be directly attributable to 14 actions necessary to comply with the requirements of RCW 19.405.040 15 and 19.405.050. 16 (b) If a consumer-owned utility relies on (a) of this subsection 17 as a basis for compliance with the standard under RCW 19.405.040(1), 18 and it has not met eighty percent of its annual retail electric load 19 using electricity from renewable resources and nonemitting electric 20 generation, then it must demonstrate that it has maximized 21 investments in renewable resources and nonemitting electric 22 generation prior to using alternative compliance options allowed 23 under RCW 19.405.040(1)(b). 24 (5) The commission, for investor-owned utilities, and the 25 department, for consumer-owned utilities, must adopt rules 26 establishing the methodology for calculating the incremental cost of 27 compliance under this section, as compared to the cost of an 28 alternative lowest reasonable cost portfolio of investments that are 29 reasonably available. 30 (6) The commission may require a large combination utility as 31 defined in RCW 80.86.010 to incorporate the requirements of this 32 section into an integrated system plan established under RCW 33 80.86.020. 34 (7) Each investor-owned utility with more than 25,000 customers 35 and each consumer-owned utility with more than 25,000 customers must 36 establish annual targets for the retail sale of electricity from 37 sources and demand programs identified in subsection (8) of this 38 section that initiate operations after August 1, 2025.39 p. 17 HB 1847 (a) In establishing targets under this subsection, the utility 1 must identify annual targets that are a percentage of its clean 2 energy targets set under subsection (1) or (2) of this section to be 3 met through sources and demand programs identified in subsection (8) 4 of this section that are located in Washington.5 (b) At a minimum, each utility subject to the requirements of 6 this subsection must establish a target under this subsection of at 7 least 10 percent of its clean energy target under subsection (1) or 8 (2) of this section for the retail sale of electricity from sources 9 and demand programs identified in subsection (8) of this section that 10 initiate operations after August 1, 2025, by the end of the utility's 11 second four-year clean energy implementation plan under this section.12 (c) To the extent practicable, in meeting the requirements of 13 this subsection, each utility subject to the requirements of this 14 subsection must prioritize projects and activities that reduce the 15 energy burden for low-income customers and highly impacted 16 communities.17 (8) The targets in subsection (7) of this section may be met 18 through the use of electricity from the following demand programs and 19 sources, or the acquisition of equivalent renewable energy credits 20 associated with electricity generated from the following sources, 21 located in Washington:22 (a) Distributed energy priorities identified in section 2 of this 23 act; or24 (b) Community solar projects as defined in RCW 80.28.370.25 (9) Each utility required to establish targets under subsection 26 (7) of this section must achieve those targets.27 Sec. 20. RCW 19.405.090 and 2021 c 65 s 20 are each amended to 28 read as follows: 29 (1)(a) An electric utility or an affected market customer that 30 fails to meet the standards established under RCW 19.405.030(1) 31 ((and)), 19.405.040(1), and 19.405.060(7) must pay an administrative 32 penalty to the state of Washington in the amount of one hundred 33 dollars, times the following multipliers, for each megawatt-hour of 34 electric generation used to meet load that is not electricity from a 35 renewable resource ((or)), nonemitting electric generation, or source 36 specified in RCW 19.405.060(8): 37 (i) 1.5 for coal-fired resources; 38 (ii) 0.84 for gas-fired peaking power plants; ((and))39 p. 18 HB 1847 (iii) 0.60 for gas-fired combined-cycle power plants; and1 (iv) 0.60 for electricity used to meet a target under RCW 2 19.405.060(7) that does not come from a source specified in RCW 3 19.405.060(8). 4 (b) Beginning in 2027, this penalty must be adjusted on a 5 biennial basis according to the rate of change of the inflation 6 indicator, gross domestic product implicit price deflator, as 7 published by the bureau of economic analysis of the United States 8 department of commerce or its successor. Beginning in 2040, the 9 commission may by rule increase this penalty for investor-owned 10 utilities if the commission determines that doing so will accelerate 11 utilities' compliance with the standards established under this 12 chapter and that doing so is in the public interest.13 (2) Consistent with the requirements of RCW 19.405.040(1)(b), a 14 utility may opt to make a payment in the amount of the administrative 15 penalty as an alternative compliance payment, without incurring a 16 penalty for noncompliance. 17 (3)(a) Upon its own motion or at the request of an investor-owned 18 utility, and after a hearing, the commission may issue an order 19 relieving the utility of its administrative penalty obligation under 20 subsection (1) of this section if it finds that: 21 (i) After taking all reasonable measures, the investor-owned 22 utility's compliance with this chapter is likely to result in 23 conflicts with or compromises to its obligation to comply with the 24 mandatory and enforceable reliability standards of the North American 25 electric reliability corporation, violate prudent utility practice 26 for assuring resource adequacy, or compromise the power quality or 27 integrity of its system; or 28 (ii) The investor-owned utility is unable to comply with the 29 standards established in RCW 19.405.030(1) or 19.405.040(1) due to 30 reasons beyond the reasonable control of the investor-owned utility, 31 as set forth in subsection (6) of this section. 32 (b) If the commission issues an order pursuant to (a) of this 33 subsection that relieves an investor-owned utility of its 34 administrative penalty obligation under subsection (1) of this 35 section, the commission may issue an order: 36 (i) Temporarily exempting the investor-owned utility from the 37 requirements of RCW 19.405.040(1) for an amount of time sufficient to 38 allow the investor-owned utility to achieve full compliance with the 39 standard; 40 p. 19 HB 1847 (ii) Directing the investor-owned utility to file a progress 1 report to the commission on achieving full compliance with the 2 standard within six months after issuing the order, or within an 3 amount of time determined to be reasonable by the commission; and4 (iii) Directing the investor-owned utility to take specific 5 actions to achieve full compliance with the requirements of this 6 chapter. 7 (c) An investor-owned utility may request an extension of a 8 temporary exemption granted under this section. An investor-owned 9 utility that requests an extension must request an update to the 10 order issued by the commission under (b) of this subsection.11 (4) Subsection (3) of this section does not permanently relieve 12 an investor-owned utility of its obligation to comply with the 13 requirements of this chapter. 14 (5)(a) The governing body of a consumer-owned utility may 15 authorize a temporary exemption from the standard established under 16 RCW 19.405.040(1), for an amount of time sufficient to allow the 17 consumer-owned utility to achieve full compliance with the standard, 18 if the governing body finds that: 19 (i) The consumer-owned utility's compliance with the standard is 20 likely to: Result in conflicts with or compromises to its obligation 21 to comply with the mandatory and enforceable reliability standards of 22 the North American electric reliability corporation; violate prudent 23 utility practice for assuring resource adequacy; or compromise the 24 power quality or integrity of its system; or 25 (ii) The consumer-owned utility is unable to comply with the 26 standard due to reasons beyond the reasonable control of the utility, 27 as set forth in subsection (6) of this section; and28 (iii) The consumer-owned utility has provided to the department a 29 plan demonstrating how it plans to achieve full compliance with the 30 standard, consistent with the findings of the report submitted to the 31 legislature under RCW 19.405.080. 32 (b) Upon request by the governing body of a consumer-owned 33 utility, a consumer-owned utility must be relieved of its 34 administrative penalty obligation under subsection (1) of this 35 section if the auditor issues a finding that: 36 (i) The governing body of the consumer-owned utility has properly 37 issued a temporary exemption under (a) of this subsection for a 38 period of time not to exceed six months; and 39 p. 20 HB 1847 (ii) The governing body of the consumer-owned utility has 1 submitted to the department a plan to take specific actions to 2 achieve full compliance with the standard, consistent with the 3 findings of the report submitted to the legislature under RCW 4 19.405.080. 5 (c) Upon issuance of a finding by the auditor, the consumer-owned 6 utility must submit a progress report to the department on achieving 7 full compliance with the standard within the term authorized in the 8 temporary exemption. 9 (d) A consumer-owned utility may request an extension of a 10 temporary exemption granted under this subsection, subject to the 11 same requirements as provided in (a) through (c) of this subsection.12 (e) The attorney general may bring a civil action in the name of 13 the state for any appropriate civil remedy including, but not limited 14 to, injunctive relief, penalties, costs, and attorneys' fees, to 15 enforce compliance with this chapter: 16 (i) Upon the failure of the governing body of a consumer-owned 17 utility to comply with the conditions of a temporary exemption found 18 by the auditor to be properly adopted or extended; or19 (ii) Upon failure of the governing body of a consumer-owned 20 utility to comply with a finding by the auditor that a temporary 21 exemption is not properly granted. 22 (f) This subsection does not permanently relieve a consumer-owned 23 utility of its obligation to comply with the requirements of this 24 chapter. 25 (6) To the extent an event or circumstance cannot be reasonably 26 foreseen and ameliorated, such events or circumstances beyond the 27 reasonable control of an electric utility may include but are not 28 limited to: 29 (a) Weather-related damage; 30 (b) Natural disasters; 31 (c) Mechanical or resource failure; 32 (d) Failure of a third party to meet contractual obligations to 33 the electric utility; 34 (e) Actions of governmental authorities that adversely affect the 35 generation, transmission, or distribution of nonemitting electric 36 generation or renewable resources owned or under contract to an 37 electric utility, including condemnation actions by municipal 38 electric utilities, public utility districts, or irrigation districts 39 p. 21 HB 1847 that adversely affect an investor-owned utility's ability to meet the 1 standard established in RCW 19.405.030(1) and 19.405.040(1);2 (f) Inability to acquire sufficient transmission to transmit 3 electricity from nonemitting electric generation or renewable 4 resources to load; and 5 (g) Substantial limitations, restrictions, or prohibitions on 6 nonemitting electric generation or renewable resources.7 (7) An electric utility must notify its retail electric customers 8 in published form within three months of paying the administrative 9 penalty established under subsection (1) of this section. An electric 10 utility is not required to notify its retail electric customers when 11 making a payment in the amount of the administrative penalty as an 12 alternative compliance payment consistent with the requirements of 13 RCW 19.405.040(1)(b). 14 (8) Moneys collected under this section must be deposited into 15 the low-income weatherization and structural rehabilitation 16 assistance account created in RCW 70A.35.030. 17 (9) For an investor-owned utility, the commission must determine 18 compliance with the requirements of this chapter. 19 (10) For consumer-owned utilities, the auditor is responsible for 20 auditing compliance with this chapter and rules adopted under this 21 chapter that apply to those utilities and the attorney general is 22 responsible for enforcing that compliance. 23 (11) If the report submitted under RCW 19.405.080 demonstrates 24 adverse system reliability impacts from the implementation of RCW 25 19.405.040 and 19.405.050, the governor, consistent with the 26 emergency powers under RCW 43.21G.040, may suspend or delay 27 implementation of this chapter, or exempt an electric utility from 28 paying the administrative penalty under this section, until system 29 reliability impacts can be addressed. Adverse system reliability 30 impacts may include, but are not limited to, the inability of 31 electric utilities or transmission operators to meet reliability 32 standards mandated by federal or state law and required by prudent 33 utility practices. 34 (12) Notwithstanding RCW 54.16.020, the fair market value 35 compensation for an asset that is condemned by a municipal electric 36 utility, public utility district, or irrigation district and that is 37 either demonstrated in an electric utility's clean energy action plan 38 or clean energy implementation plan to be used or acquired after May 39 7, 2019, to meet the requirements of RCW 19.405.040 and 19.405.050, 40 p. 22 HB 1847 or an asset that generates electricity from renewable resources or 1 nonemitting electric generation, must include but not be limited to a 2 replacement value approach. Additionally, the electric utility may 3 seek, and the court may award, damages attributable to the severance, 4 separation, replacement, or relocation of utility assets. The trier 5 of fact may also consider other damages, as well as offsetting 6 benefits, that it finds just and equitable. 7 (13) An entity that establishes or extends service to the 8 premises of a customer who is being served by an electric utility or 9 was served by an electric utility prior to May 7, 2019, must serve 10 those premises in a manner that complies with the requirements of 11 ((chapter 288, Laws of 2019 )) this chapter and with chapter 19.285 12 RCW, if applicable. An electric utility or other entity that fails to 13 comply with the requirements of this subsection must pay the 14 administrative penalty under subsection (1) of this section for each 15 megawatt-hour of electric generation used to serve load that does not 16 meet the terms of this subsection. 17 Sec. 21. RCW 19.280.030 and 2024 c 351 s 9 are each amended to 18 read as follows: 19 Each electric utility must develop a plan consistent with this 20 section. 21 (1) Utilities with more than 25,000 customers that are not full 22 requirements customers must develop or update an integrated resource 23 plan by September 1, 2008. At a minimum, progress reports reflecting 24 changing conditions and the progress of the integrated resource plan 25 must be produced every two years thereafter. An updated integrated 26 resource plan must be developed at least every four years subsequent 27 to the 2008 integrated resource plan. The integrated resource plan, 28 at a minimum, must include: 29 (a) A range of forecasts, for at least the next 10 years or 30 longer, of projected customer demand which takes into account 31 econometric data and customer usage; 32 (b) An assessment of commercially available conservation and 33 efficiency resources, as informed, as applicable, by the assessment 34 for conservation potential under RCW 19.285.040 for the planning 35 horizon consistent with (a) of this subsection. Such assessment may 36 include, as appropriate, opportunities for development of combined 37 heat and power as an energy and capacity resource, demand response 38 and load management programs, and currently employed and new policies 39 p. 23 HB 1847 and programs needed to obtain the conservation and efficiency 1 resources; 2 (c) An assessment of commercially available, utility scale 3 renewable and nonrenewable generating technologies including a 4 comparison of the benefits and risks of purchasing power or building 5 new resources; 6 (d) A comparative evaluation of renewable and nonrenewable 7 generating resources, including transmission and distribution 8 delivery costs, and conservation and efficiency resources using 9 "lowest reasonable cost" as a criterion; 10 (e) An assessment of methods, commercially available 11 technologies, or facilities for integrating renewable resources, 12 including but not limited to battery storage and pumped storage, and 13 addressing overgeneration events, if applicable to the utility's 14 resource portfolio; 15 (f) An assessment and 20-year forecast of the availability of and 16 requirements for regional generation and transmission capacity to 17 provide and deliver electricity to the utility's customers and to 18 meet the requirements of chapter ((288, Laws of 2019)) 19.405 RCW and 19 the state's greenhouse gas emissions reduction limits in RCW 20 70A.45.020. The transmission assessment must identify the utility's 21 expected needs to acquire new long-term firm rights, develop new, or 22 expand or upgrade existing, bulk transmission facilities consistent 23 with the requirements of this section and reliability standards;24 (i) If an electric utility operates transmission assets rated at 25 115,000 volts or greater, the transmission assessment must take into 26 account opportunities to make more effective use of existing 27 transmission capacity through improved transmission system operating 28 practices, energy efficiency, demand response, grid modernization, 29 nonwires solutions, and other programs if applicable;30 (ii) An electric utility that relies entirely or primarily on a 31 contract for transmission service to provide necessary transmission 32 services may comply with the transmission requirements of this 33 subsection by requesting that the counterparty to the transmission 34 service contract include the provisions of ((chapter 288, Laws of 35 2019 and chapter )) chapters 19.405 and 70A.45 RCW as public policy 36 mandates in the transmission service provider's process for assessing 37 transmission need, and planning and acquiring necessary transmission 38 capacity; 39 p. 24 HB 1847 (iii) An electric utility may comply with the requirements of 1 this subsection (1)(f) by relying on and incorporating the results of 2 a separate transmission assessment process, conducted individually or 3 jointly with other utilities and transmission system users, if that 4 assessment process meets the requirements of this subsection;5 (g) A determination of resource adequacy metrics for the resource 6 plan consistent with the forecasts; 7 (h) A forecast of distributed energy resources that may be 8 installed by the utility's customers and an assessment of their 9 effect on the utility's load and operations; 10 (i) An identification of an appropriate resource adequacy 11 requirement and measurement metric consistent with prudent utility 12 practice in implementing RCW 19.405.030 through 19.405.050;13 (j) The integration of the demand forecasts, resource 14 evaluations, and resource adequacy requirement into a long -range 15 assessment describing the mix of supply side generating resources and 16 conservation and efficiency resources that will meet current and 17 projected needs, including mitigating overgeneration events and 18 implementing RCW 19.405.030 through 19.405.050 and 19.405.060(7), at 19 the lowest reasonable cost and risk to the utility and its customers, 20 while maintaining and protecting the safety, reliable operation, and 21 balancing of its electric system; 22 (k) An assessment, informed by the cumulative impact analysis 23 conducted under RCW 19.405.140, of: Energy and nonenergy benefits and 24 the avoidance and reductions of burdens to vulnerable populations and 25 highly impacted communities; long-term and short-term public health 26 and environmental benefits, costs, and risks; and energy security and 27 risk; 28 (l) A 10-year clean energy action plan for implementing RCW 29 19.405.030 through 19.405.050 and 19.405.060(7) at the lowest 30 reasonable cost, and at an acceptable resource adequacy standard, 31 that identifies the specific actions to be taken by the utility 32 consistent with the long-range integrated resource plan; and33 (m) An analysis of how the plan accounts for: 34 (i) Modeled load forecast scenarios that consider the anticipated 35 levels of zero emissions vehicle use in a utility's service area, 36 including anticipated levels of zero emissions vehicle use in the 37 utility's service area provided in RCW 47.01.520, if feasible;38 (ii) Analysis, research, findings, recommendations, actions, and 39 any other relevant information found in the electrification of 40 p. 25 HB 1847 transportation plans submitted under RCW 35.92.450, 54.16.430, and 1 80.28.365; and 2 (iii) Assumed use case forecasts and the associated energy 3 impacts. Electric utilities may, but are not required to, use the 4 forecasts generated by the mapping and forecasting tool created in 5 RCW 47.01.520. This subsection (1)(m)(iii) applies only to plans due 6 to be filed after September 1, 2023. 7 (2) The clean energy action plan must: 8 (a) Identify and be informed by the utility's 10-year cost-9 effective conservation potential assessment as determined under RCW 10 19.285.040, if applicable; 11 (b) Establish a resource adequacy requirement;12 (c) Identify the potential cost-effective demand response and 13 load management programs that may be acquired; 14 (d) Identify renewable resources, nonemitting electric 15 generation, and distributed energy resources that may be acquired and 16 evaluate how each identified resource may be expected to contribute 17 to meeting the utility's resource adequacy requirement;18 (e) Identify any need to develop new, or expand or upgrade 19 existing, bulk transmission and distribution facilities and document 20 existing and planned efforts by the utility to make more effective 21 use of existing transmission capacity and secure additional 22 transmission capacity consistent with the requirements of subsection 23 (1)(f) of this section; and 24 (f) Identify the nature and possible extent to which the utility 25 may need to rely on alternative compliance options under RCW 26 19.405.040(1)(b), if appropriate. 27 (3)(a) An electric or large combination utility shall consider 28 the social cost of greenhouse gas emissions, as determined by the 29 commission for investor-owned utilities pursuant to RCW 80.28.405 and 30 the department for consumer-owned utilities, when developing 31 integrated resource plans and clean energy action plans. An electric 32 utility must incorporate the social cost of greenhouse gas emissions 33 as a cost adder when: 34 (i) Evaluating and selecting conservation policies, programs, and 35 targets; 36 (ii) Developing integrated resource plans and clean energy action 37 plans; and 38 (iii) Evaluating and selecting intermediate term and long-term 39 resource options. 40 p. 26 HB 1847 (b) For the purposes of this subsection (3): (i) Gas consisting 1 largely of methane and other hydrocarbons derived from the 2 decomposition of organic material in landfills, wastewater treatment 3 facilities, and anaerobic digesters must be considered a nonemitting 4 resource; and (ii) qualified biomass energy must be considered a 5 nonemitting resource. 6 (4) To facilitate broad, equitable, and efficient implementation 7 of chapter ((288, Laws of 2019 )) 19.405 RCW, a consumer-owned energy 8 utility may enter into an agreement with a joint operating agency 9 organized under chapter 43.52 RCW or other nonprofit organization to 10 develop and implement a joint clean energy action plan in 11 collaboration with other utilities. 12 (5) All other utilities may elect to develop a full integrated 13 resource plan as set forth in subsection (1) of this section or, at a 14 minimum, shall develop a resource plan that: 15 (a) Estimates loads for the next five and 10 years;16 (b) Enumerates the resources that will be maintained and/or 17 acquired to serve those loads; 18 (c) Explains why the resources in (b) of this subsection were 19 chosen and, if the resources chosen are not: (i) Renewable resources; 20 (ii) methods, commercially available technologies, or facilities for 21 integrating renewable resources, including addressing any 22 overgeneration event; or (iii) conservation and efficiency resources, 23 why such a decision was made; 24 (d) By December 31, 2020, and in every resource plan thereafter, 25 identifies how the utility plans over a 10-year period to implement 26 RCW 19.405.040 ((and)), 19.405.050, and 19.405.060(7); and27 (e) Accounts for: 28 (i) Modeled load forecast scenarios that consider the anticipated 29 levels of zero emissions vehicle use in a utility's service area, 30 including anticipated levels of zero emissions vehicle use in the 31 utility's service area provided in RCW 47.01.520, if feasible;32 (ii) Analysis, research, findings, recommendations, actions, and 33 any other relevant information found in the electrification of 34 transportation plans submitted under RCW 35.92.450, 54.16.430, and 35 80.28.365; and 36 (iii) Assumed use case forecasts and the associated energy 37 impacts. Electric utilities may, but are not required to, use the 38 forecasts generated by the mapping and forecasting tool created in 39 p. 27 HB 1847 RCW 47.01.520. This subsection (5)(e)(iii) applies only to plans due 1 to be filed after September 1, 2023. 2 (6) Assessments for demand-side resources included in an 3 integrated resource plan may include combined heat and power systems 4 as one of the measures in a conservation supply curve. The value of 5 recoverable waste heat resulting from combined heat and power must be 6 reflected in analyses of cost-effectiveness under this subsection.7 (7) An electric utility that is required to develop a resource 8 plan under this section must complete its initial plan by September 9 1, 2008. 10 (8) Plans developed under this section must be updated on a 11 regular basis, on intervals approved by the commission or the 12 department, or at a minimum on intervals of two years.13 (9)(a) Plans shall not be a basis to bring legal action against 14 electric utilities. However, nothing in this subsection (9)(a) may be 15 construed as limiting the commission or any party from bringing any 16 action pursuant to Title 80 RCW, this chapter, or chapter 19.405 RCW 17 against any large combination utility related to an integrated system 18 plan submitted pursuant to RCW 80.86.020. 19 (b) The commission may approve, reject, or approve with 20 conditions, any integrated system plans submitted by a large 21 combination utility as defined in RCW 80.86.010. 22 (10)(a) To maximize transparency, the commission, for investor-23 owned utilities, or the governing body, for consumer-owned utilities, 24 may require an electric utility to make the utility's data input 25 files available in a native format. Each electric utility shall 26 publish its final plan either as part of an annual report or as a 27 separate document available to the public. The report may be in an 28 electronic form. 29 (b) Nothing in this subsection limits the protection of records 30 containing commercial information under RCW 80.04.095.31 (11) The commission may require a large combination utility as 32 defined in RCW 80.86.010 to incorporate the requirements of this 33 section into an integrated system plan established under RCW 34 80.86.020. 35 NEW SECTION. Sec. 22. A new section is added to chapter 82.29A 36 RCW to read as follows: 37 All leasehold interests in publicly owned, or specified privately 38 owned, real or personal property, are exempt from tax under this 39 p. 28 HB 1847 chapter, for the duration of the lease, for the portion of the 1 property used for the placement of distributed energy priorities 2 identified in section 2 of this act or energy storage, and the 3 distributed energy priority or energy storage lease was entered into 4 after the effective date of this section. 5 Sec. 23. RCW 84.34.020 and 2014 c 125 s 2 are each amended to 6 read as follows: 7 The definitions in this section apply throughout this chapter 8 unless the context clearly requires otherwise. 9 (1)(a) "Open space land" means (((a) any)): (i) Any land area so 10 designated by an official comprehensive land use plan adopted by any 11 city or county and zoned accordingly ((,)); or (((b))) (ii) any land 12 area, the preservation of which in its present use would (((i))) (A) 13 conserve and enhance natural or scenic resources, or (((ii))) (B) 14 protect streams or water supply, or (((iii))) (C) promote 15 conservation of soils, wetlands, beaches or tidal marshes, or 16 (((iv))) (D) enhance the value to the public of abutting or 17 neighboring parks, forests, wildlife preserves, nature reservations 18 or sanctuaries or other open space, or (((v))) (E) enhance recreation 19 opportunities, or (((vi))) (F) preserve historic sites, or (((vii))) 20 (G) preserve visual quality along highway, road, and street corridors 21 or scenic vistas, or (((viii))) (H) retain in its natural state 22 tracts of land not less than one acre situated in an urban area and 23 open to public use on such conditions as may be reasonably required 24 by the legislative body granting the open space classification ((,)); 25 or (((c))) (iii) any land meeting the definition of farm and 26 agricultural conservation land under subsection (8) of this section. 27 As a condition of granting open space classification, the legislative 28 body may not require public access on land classified under 29 (((b)(iii))) (a)(ii)(C) of this subsection for the purpose of 30 promoting conservation of wetlands. 31 (b) "Open space land" includes land on which an agrivoltaic 32 facility is located.33 (2) "Farm and agricultural land" means: 34 (a) Any parcel of land that is ((twenty)) 20 or more acres or 35 multiple parcels of land that are contiguous and total ((twenty)) 20 36 or more acres: 37 (i) Devoted primarily to the production of livestock or 38 agricultural commodities for commercial purposes; 39 p. 29 HB 1847 (ii) Enrolled in the federal conservation reserve program or its 1 successor administered by the United States department of 2 agriculture; or 3 (iii) Other similar commercial activities as may be established 4 by rule; 5 (b)(i) Any parcel of land that is five acres or more but less 6 than ((twenty)) 20 acres devoted primarily to agricultural uses, 7 which has produced a gross income from agricultural uses equivalent 8 to, as of January 1, 1993: 9 (A) ((One hundred dollars )) $100 or more per acre per year for 10 three of the five calendar years preceding the date of application 11 for classification under this chapter for all parcels of land that 12 are classified under this subsection or all parcels of land for which 13 an application for classification under this subsection is made with 14 the granting authority prior to January 1, 1993; and15 (B) On or after January 1, 1993, ((two hundred dollars )) $200 or 16 more per acre per year for three of the five calendar years preceding 17 the date of application for classification under this chapter;18 (ii) For the purposes of (b)(i) of this subsection, "gross income 19 from agricultural uses" includes, but is not limited to, the 20 wholesale value of agricultural products donated to nonprofit food 21 banks or feeding programs; 22 (c) Any parcel of land of less than five acres devoted primarily 23 to agricultural uses which has produced a gross income as of January 24 1, 1993, of: 25 (i) ((One thousand dollars)) $1,000 or more per year for three of 26 the five calendar years preceding the date of application for 27 classification under this chapter for all parcels of land that are 28 classified under this subsection or all parcels of land for which an 29 application for classification under this subsection is made with the 30 granting authority prior to January 1, 1993; and 31 (ii) On or after January 1, 1993, ((fifteen hundred dollars )) 32 $1,500 or more per year for three of the five calendar years 33 preceding the date of application for classification under this 34 chapter. Parcels of land described in (b)(i)(A) and (c)(i) of this 35 subsection will, upon any transfer of the property excluding a 36 transfer to a surviving spouse or surviving state registered domestic 37 partner, be subject to the limits of (b)(i)(B) and (c)(ii) of this 38 subsection; 39 p. 30 HB 1847 (d) Any parcel of land that is five acres or more but less than 1 ((twenty)) 20 acres devoted primarily to agricultural uses, which 2 meet one of the following criteria: 3 (i) Has produced a gross income from agricultural uses equivalent 4 to two hundred dollars or more per acre per year for three of the 5 five calendar years preceding the date of application for 6 classification under this chapter; 7 (ii) Has standing crops with an expectation of harvest within 8 seven years, except as provided in (d)(iii) of this subsection, and a 9 demonstrable investment in the production of those crops equivalent 10 to one hundred dollars or more per acre in the current or previous 11 calendar year. For the purposes of this subsection (2)(d)(ii), 12 "standing crop" means Christmas trees, vineyards, fruit trees, or 13 other perennial crops that: (A) Are planted using agricultural 14 methods normally used in the commercial production of that particular 15 crop; and (B) typically do not produce harvestable quantities in the 16 initial years after planting; or 17 (iii) Has a standing crop of short rotation hardwoods with an 18 expectation of harvest within ((fifteen)) 15 years and a demonstrable 19 investment in the production of those crops equivalent to ((one 20 hundred dollars )) $100 or more per acre in the current or previous 21 calendar year; 22 (e) Any lands including incidental uses as are compatible with 23 agricultural purposes, including wetlands preservation, provided such 24 incidental use does not exceed ((twenty)) 20 percent of the 25 classified land and the land on which appurtenances necessary to the 26 production, preparation, or sale of the agricultural products exist 27 in conjunction with the lands producing such products. Agricultural 28 lands also include any parcel of land of one to five acres, which is 29 not contiguous, but which otherwise constitutes an integral part of 30 farming operations being conducted on land qualifying under this 31 section as "farm and agricultural lands"; 32 (f) The land on which housing for employees and the principal 33 place of residence of the farm operator or owner of land classified 34 pursuant to (a) of this subsection is sited if: The housing or 35 residence is on or contiguous to the classified parcel; and the use 36 of the housing or the residence is integral to the use of the 37 classified land for agricultural purposes; 38 (g) Any land that is used primarily for equestrian related 39 activities for which a charge is made, including, but not limited to, 40 p. 31 HB 1847 stabling, training, riding, clinics, schooling, shows, or grazing for 1 feed and that otherwise meet the requirements of (a), (b), or (c) of 2 this subsection; ((or))3 (h) Any land primarily used for commercial horticultural 4 purposes, including growing seedlings, trees, shrubs, vines, fruits, 5 vegetables, flowers, herbs, and other plants in containers, whether 6 under a structure or not, subject to the following:7 (i) The land is not primarily used for the storage, care, or 8 selling of plants purchased from other growers for retail sale;9 (ii) If the land is less than five acres and used primarily to 10 grow plants in containers, such land does not qualify as "farm and 11 agricultural land" if more than ((twenty-five)) 25 percent of the 12 land used primarily to grow plants in containers is open to the 13 general public for on-site retail sales; 14 (iii) If more than ((twenty)) 20 percent of the land used for 15 growing plants in containers qualifying under this subsection (2)(h) 16 is covered by pavement, none of the paved area is eligible for 17 classification as "farm and agricultural land" under this subsection 18 (2)(h). The eligibility limitations described in this subsection 19 (2)(h)(iii) do not affect the land's eligibility to qualify under (e) 20 of this subsection; and 21 (iv) If the land classified under this subsection (2)(h), in 22 addition to any contiguous land classified under this subsection, is 23 less than ((twenty)) 20 acres, it must meet the applicable income or 24 investment requirements in (b), (c), or (d) of this subsection; or25 (i) Lands identified in (a) through (h) of this subsection on 26 which an agrivoltaic facility is located. 27 (3) "Timberland" means any parcel of land that is five or more 28 acres or multiple parcels of land that are contiguous and total five 29 or more acres which is or are devoted primarily to the growth and 30 harvest of timber for commercial purposes. Timberland means the land 31 only and does not include a residential homesite. The term includes 32 land used for incidental uses that are compatible with the growing 33 and harvesting of timber but no more than ((ten)) 10 percent of the 34 land may be used for such incidental uses. It also includes the land 35 on which appurtenances necessary for the production, preparation, or 36 sale of the timber products exist in conjunction with land producing 37 these products. 38 (4) "Current" or "currently" means as of the date on which 39 property is to be listed and valued by the assessor.40 p. 32 HB 1847 (5) "Owner" means the party or parties having the fee interest in 1 land, except that where land is subject to real estate contract 2 "owner" means the contract vendee. 3 (6)(a) "Contiguous" means land adjoining and touching other 4 property held by the same ownership. Land divided by a public road, 5 but otherwise an integral part of a farming operation, is considered 6 contiguous. 7 (b) For purposes of this subsection (6): 8 (i) "Same ownership" means owned by the same person or persons, 9 except that parcels owned by different persons are deemed held by the 10 same ownership if the parcels are: 11 (A) Managed as part of a single operation; and12 (B) Owned by: 13 (I) Members of the same family; 14 (II) Legal entities that are wholly owned by members of the same 15 family; or 16 (III) An individual who owns at least one of the parcels and a 17 legal entity or entities that own the other parcel or parcels if the 18 entity or entities are wholly owned by that individual, members of 19 his or her family, or that individual and members of his or her 20 family. 21 (ii) "Family" includes only: 22 (A) An individual and his or her spouse or domestic partner, 23 child, stepchild, adopted child, grandchild, parent, stepparent, 24 grandparent, cousin, or sibling; 25 (B) The spouse or domestic partner of an individual's child, 26 stepchild, adopted child, grandchild, parent, stepparent, 27 grandparent, cousin, or sibling; 28 (C) A child, stepchild, adopted child, grandchild, parent, 29 stepparent, grandparent, cousin, or sibling of the individual's 30 spouse or the individual's domestic partner; and 31 (D) The spouse or domestic partner of any individual described in 32 (b)(ii)(C) of this subsection (6). 33 (7) "Granting authority" means the appropriate agency or official 34 who acts on an application for classification of land pursuant to 35 this chapter. 36 (8) "Farm and agricultural conservation land" means either:37 (a) Land that was previously classified under subsection (2) of 38 this section, that no longer meets the criteria of subsection (2) of 39 p. 33 HB 1847 this section, and that is reclassified under subsection (1) of this 1 section; or 2 (b) Land that is traditional farmland that is not classified 3 under chapter 84.33 or 84.34 RCW, that has not been irrevocably 4 devoted to a use inconsistent with agricultural uses, and that has a 5 high potential for returning to commercial agriculture.6 (9) "Agrivoltaic facility" has the same meaning as described in 7 section 2 of this act.8 Sec. 24. RCW 84.34.070 and 2017 c 251 s 1 are each amended to 9 read as follows: 10 (1)(a) When land has once been classified under this chapter, it 11 must remain under such classification and must not be applied to 12 other use except as provided by subsection (2) of this section for at 13 least ten years from the date of classification. It must continue 14 under such classification until and unless withdrawn from 15 classification after notice of request for withdrawal is made by the 16 owner. After the initial ((ten)) 10-year classification period has 17 elapsed, notice of request for withdrawal of all or a portion of the 18 land may be given by the owner to the assessor or assessors of the 19 county or counties in which the land is situated. If a portion of a 20 parcel is removed from classification, the remaining portion must 21 meet the same requirements as did the entire parcel when the land was 22 originally granted classification under this chapter unless the 23 remaining parcel has different income criteria. Within seven days the 24 assessor must transmit one copy of the notice to the legislative body 25 that originally approved the application. The assessor or assessors, 26 as the case may be, must withdraw the land from the classification 27 and the land is subject to the additional tax and applicable interest 28 due under RCW 84.34.108. Agreement to tax according to use is not 29 considered to be a contract and can be abrogated at any time by the 30 legislature in which event no additional tax or penalty may be 31 imposed. 32 (b) If the assessor gives written notice of removal as provided 33 in RCW 84.34.108(1)(d)(i) of all or a portion of land classified 34 under this chapter before the owner gives a notice of request for 35 withdrawal in (a) of this subsection, the provisions of RCW 84.34.108 36 apply. 37 p. 34 HB 1847 (2)(a) The following reclassifications are not considered 1 withdrawals or removals and are not subject to additional tax under 2 RCW 84.34.108: 3 (i) Reclassification between lands under RCW 84.34.020 (2) and 4 (3); 5 (ii) Reclassification of land classified under RCW 84.34.020 (2) 6 or (3) or designated under chapter 84.33 RCW to open space land under 7 RCW 84.34.020(1); 8 (iii) Reclassification of land classified under RCW 84.34.020 (2) 9 or (3) to forestland designated under chapter 84.33 RCW; and10 (iv) Reclassification of land classified as open space land under 11 RCW 84.34.020(1)(((c))) (a)(iii) and reclassified to farm and 12 agricultural land under RCW 84.34.020(2) if the land had been 13 previously classified as farm and agricultural land under RCW 14 84.34.020(2). 15 (b) Designation as forestland under RCW 84.33.130(1) as a result 16 of a merger adopted under RCW 84.34.400 is not considered a 17 withdrawal or removal and is not subject to additional tax under RCW 18 84.34.108. 19 (3) Applications for reclassification are subject to applicable 20 provisions of RCW 84.34.037, 84.34.035, 84.34.041, and chapter 84.33 21 RCW. 22 (4) The income criteria for land classified under RCW 23 84.34.020(2) (b) and (c) may be deferred for land being reclassified 24 from land classified under RCW 84.34.020 (1)(((c))) (a)(iii) or (3), 25 or chapter 84.33 RCW into RCW 84.34.020(2) (b) or (c) for a period of 26 up to five years from the date of reclassification.27 (5) The addition of an agrivoltaic facility does not constitute a 28 reclassification for purposes of this chapter and is not considered a 29 withdrawal or removal subject to additional tax under RCW 84.34.108.30 Sec. 25. RCW 36.70A.177 and 2006 c 147 s 1 are each amended to 31 read as follows: 32 (1) A county or a city may use a variety of innovative zoning 33 techniques in areas designated as agricultural lands of long-term 34 commercial significance under RCW 36.70A.170. The innovative zoning 35 techniques should be designed to conserve agricultural lands and 36 encourage the agricultural economy. Except as provided in subsection 37 (3) of this section, a county or city should encourage 38 p. 35 HB 1847 nonagricultural uses to be limited to lands with poor soils or 1 otherwise not suitable for agricultural purposes. 2 (2) Innovative zoning techniques a county or city may consider 3 include, but are not limited to: 4 (a) Agricultural zoning, which limits the density of development 5 and restricts or prohibits nonfarm uses of agricultural land and may 6 allow accessory uses, including nonagricultural accessory uses and 7 activities, that support, promote, or sustain agricultural operations 8 and production, as provided in subsection (3) of this section;9 (b) Cluster zoning, which allows new development on one portion 10 of the land, leaving the remainder in agricultural or open space 11 uses; 12 (c) Large lot zoning, which establishes as a minimum lot size the 13 amount of land necessary to achieve a successful farming practice;14 (d) Quarter/quarter zoning, which permits one residential 15 dwelling on a one-acre minimum lot for each one-sixteenth of a 16 section of land; and 17 (e) Sliding scale zoning, which allows the number of lots for 18 single-family residential purposes with a minimum lot size of one 19 acre to increase inversely as the size of the total acreage 20 increases. 21 (3) Accessory uses allowed under subsection (2)(a) of this 22 section shall comply with the following: 23 (a) Accessory uses shall be located, designed, and operated so as 24 to not interfere with, and to support the continuation of, the 25 overall agricultural use of the property and neighboring properties, 26 and shall comply with the requirements of this chapter;27 (b) Accessory uses may include: 28 (i) Agricultural accessory uses and activities, including but not 29 limited to the storage, distribution, and marketing of regional 30 agricultural products from one or more producers, agriculturally 31 related experiences, or the production, marketing, and distribution 32 of value-added agricultural products, including support services that 33 facilitate these activities; ((and))34 (ii) Nonagricultural accessory uses and activities as long as 35 they are consistent with the size, scale, and intensity of the 36 existing agricultural use of the property and the existing buildings 37 on the site. Nonagricultural accessory uses and activities, including 38 new buildings, parking, or supportive uses, shall not be located 39 outside the general area already developed for buildings and 40 p. 36 HB 1847 residential uses and shall not otherwise convert more than one acre 1 of agricultural land to nonagricultural uses; and2 (iii) Agrivoltaic facilities, as described in section 2 of this 3 act, and other developments that place solar panels in agricultural 4 lands of long-term commercial significance under RCW 36.70A.170 in a 5 manner that does not meet the description of agrivoltaic facilities 6 in section 2 of this act, but that meets the standards established 7 under (b)(i) or (ii) of this subsection; and 8 (c) ((Counties)) Except for agrivoltaic facilities, counties and 9 cities have the authority to limit or exclude accessory uses 10 otherwise authorized in this subsection (3) in areas designated as 11 agricultural lands of long-term commercial significance.12 (4) This section shall not be interpreted to limit agricultural 13 production on designated agricultural lands. 14 Sec. 26. RCW 36.70A.060 and 2023 c 225 s 2 are each amended to 15 read as follows: 16 (1)(a) Each county that is required or chooses to plan under RCW 17 36.70A.040, and each city within such county, shall adopt development 18 regulations on or before September 1, 1991, to assure the 19 conservation of agricultural, forest, and mineral resource lands 20 designated under RCW 36.70A.170. Regulations adopted under this 21 subsection may not prohibit uses legally existing on any parcel prior 22 to their adoption and shall remain in effect until the county or city 23 adopts development regulations pursuant to RCW 36.70A.040. Such 24 regulations shall assure that the use of lands adjacent to 25 agricultural, forest, or mineral resource lands shall not interfere 26 with the continued use, in the accustomed manner and in accordance 27 with best management practices, of these designated lands for the 28 production of food, agricultural products, or timber, or for the 29 extraction of minerals. As of the effective date of this section, 30 agrivoltaic facilities, as described in section 2 of this act, are 31 determined not to interfere with the continued use, in the accustomed 32 manner and in accordance with best management practices, of 33 designated agricultural resources lands for the production of food 34 and agricultural products, and county regulations adopted under this 35 section must be revised to be consistent with this determination. Any 36 county located to the west of the crest of the Cascade mountains that 37 has both a population of at least four hundred thousand and a border 38 that touches another state, and any city in such county, may adopt 39 p. 37 HB 1847 development regulations to assure that agriculture, forest, and 1 mineral resource lands adjacent to short line railroads may be 2 developed for freight rail dependent uses. 3 (b) Counties and cities shall require that all plats, short 4 plats, development permits, and building permits issued for 5 development activities on, or within five hundred feet of, lands 6 designated as agricultural lands, forestlands, or mineral resource 7 lands, contain a notice that the subject property is within or near 8 designated agricultural lands, forestlands, or mineral resource lands 9 on which a variety of commercial activities may occur that are not 10 compatible with residential development for certain periods of 11 limited duration. The notice for mineral resource lands shall also 12 inform that an application might be made for mining-related 13 activities, including mining, extraction, washing, crushing, 14 stockpiling, blasting, transporting, and recycling of minerals.15 (c) Each county that adopts a resolution of partial planning 16 under RCW 36.70A.040(2)(b), and each city within such county, shall 17 adopt development regulations within one year after the adoption of 18 the resolution of partial planning to assure the conservation of 19 agricultural, forest, and mineral resource lands designated under RCW 20 36.70A.170. Regulations adopted under this subsection (1)(c) must 21 comply with the requirements governing regulations adopted under (a) 22 of this subsection. 23 (d)(i) A county that adopts a resolution of partial planning 24 under RCW 36.70A.040(2)(b) and that is not in compliance with the 25 planning requirements of this section, RCW 36.70A.040(4), 26 36.70A.070(5), 36.70A.170, and 36.70A.172 at the time the resolution 27 is adopted must, by January 30, 2017, apply for a determination of 28 compliance from the department finding that the county's development 29 regulations, including development regulations adopted to protect 30 critical areas, and comprehensive plans are in compliance with the 31 requirements of this section, RCW 36.70A.040(4), 36.70A.070(5), 32 36.70A.170, and 36.70A.172. The department must approve or deny the 33 application for a determination of compliance within one hundred 34 twenty days of its receipt or by June 30, 2017, whichever date is 35 earlier. 36 (ii) If the department denies an application under (d)(i) of this 37 subsection, the county and each city within is obligated to comply 38 with all requirements of this chapter and the resolution for partial 39 planning adopted under RCW 36.70A.040(2)(b) is no longer in effect.40 p. 38 HB 1847 (iii) A petition for review of a determination of compliance 1 under (d)(i) of this subsection may only be appealed to the growth 2 management hearings board within 60 days of the issuance of the 3 decision by the department. 4 (iv) In the event of a filing of a petition in accordance with 5 (d)(iii) of this subsection, the county and the department must 6 equally share the costs incurred by the department for defending an 7 approval of determination of compliance that is before the growth 8 management hearings board. 9 (v) The department may implement this subsection (1)(d) by 10 adopting rules related to determinations of compliance. The rules may 11 address, but are not limited to: The requirements for applications 12 for a determination of compliance; charging of costs under (d)(iv) of 13 this subsection; procedures for processing applications; criteria for 14 the evaluation of applications; issuance and notice of department 15 decisions; and applicable timelines. 16 (e) Any county that borders both the Cascade mountains and 17 another country and has a population of less than fifty thousand 18 people, and any city in such county, may adopt development 19 regulations to assure that agriculture, forest, and mineral resource 20 lands adjacent to short line railroads may be developed for freight 21 rail dependent uses. 22 (2) Each county and city shall adopt development regulations that 23 protect critical areas that are required to be designated under RCW 24 36.70A.170. For counties and cities that are required or choose to 25 plan under RCW 36.70A.040, such development regulations shall be 26 adopted on or before September 1, 1991. For the remainder of the 27 counties and cities, such development regulations shall be adopted on 28 or before March 1, 1992. 29 (3) Such counties and cities shall review these designations and 30 development regulations when adopting their comprehensive plans under 31 RCW 36.70A.040 and implementing development regulations under RCW 32 36.70A.120 and may alter such designations and development 33 regulations to ensure consistency. 34 (4)(a) A city with a population fewer than 25,000 may adopt the 35 county's critical areas regulations by reference to satisfy the 36 requirements under this section to designate and protect critical 37 areas; provided, that the county's critical areas regulations are not 38 subject to any outstanding administrative or judicial appeals at the 39 p. 39 HB 1847 time of the city's adoption. Nothing in this subsection prohibits a 1 city from adopting its own critical areas regulations.2 (b) The city legislative action adopting the county regulations 3 by reference must incorporate future amendments to the critical areas 4 policies and development regulations of the county.5 (c) A city that adopts the county's critical areas regulations by 6 reference is not required to take legislative action to review and 7 update development regulations protecting critical areas under RCW 8 36.70A.130. 9 (d) If grant funding is available for a local jurisdiction's 10 periodic comprehensive planning updates as required in RCW 11 36.70A.070, and a city has adopted by reference the county's critical 12 areas regulations as allowed in (a) through (c) of this subsection, 13 the county in which the city is located shall be entitled to the 14 portion of the city's grant funding that would otherwise have been 15 utilized for updating the city's critical areas regulations. The 16 department is authorized to determine what portion of the available 17 grant funding the city would have received for the critical areas 18 regulations update the county is entitled to receive.19 (5) Forestland and agricultural land located within urban growth 20 areas shall not be designated by a county or city as forestland or 21 agricultural land of long-term commercial significance under RCW 22 36.70A.170 unless the city or county has enacted a program 23 authorizing transfer or purchase of development rights.24 NEW SECTION. Sec. 27. If any provision of this act or its 25 application to any person or circumstance is held invalid, the 26 remainder of the act or the application of the provision to other 27 persons or circumstances is not affected.28 --- END --- p. 40 HB 1847