Distributed energy/ag. lands

AN ACT Relating to the siting of distributed energy generation 1
resources on agricultural lands in a manner that does not interfere 2
with the continued use of such lands for agricultural production; and 3
amending RCW 43.21F.100, 36.70A.177, and 36.70A.060.4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 43.21F.100 and 2025 c 265 s 2 are each amended to 6
read as follows: 7
(1) The following categories of clean energy facilities and 8
nonproject activities that reduce environmental impacts are 9
determined to constitute distributed energy priorities:10
(a) Solar energy generation and accompanying energy storage and 11
electricity transmission and distribution, including vehicle charging 12
equipment, when such facilities are located: 13
(i) Within the easement, right-of-way, or existing footprint of 14
electrical transmission facilities or electric utility infrastructure 15
sites; 16
(ii) Within the easement, right-of-way, or existing footprint of 17
a state highway or city or county road; 18
(iii) On structures over or enclosing irrigation canals, drainage 19
ditches, and irrigation, agricultural, livestock supply, stormwater, 20
H-2719.2
HOUSE BILL 2388
State of Washington 69th Legislature 2026 Regular Session
By Representatives Hall, Doglio, Ramel, Reed, Parshley, Duerr, Kloba,
Gregerson, and Bernbaum
Prefiled 01/09/26. Read first time 01/12/26. Referred to Committee
on Local Government.
p. 1 HB 2388
or wastewater reservoirs or similar impoundments of state waters that 1
do not host salmon or steelhead trout runs; 2
(iv) On elevated structures over parking lots; 3
(v) On lands within a transportation facility, including but not 4
limited to airports and railroad facilities, or restricted from other 5
developments by transportation facility operations;6
(vi) On closed or capped portions of landfills;7
(vii) On reclaimed or former surface mine lands or contaminated 8
sites that have been remediated under chapter 70A.305 RCW or the 9
federal comprehensive environmental response, compensation, and 10
liability act (42 U.S.C. Sec. 9601 et seq.) in a manner that includes 11
an asphalt or soil cap; 12
(viii) As an agrivoltaic facility; ((and))13
(ix) As a pivot corner facility; and14
(x) On existing structures; 15
(b) Wind energy generation that is not a utility-scale wind 16
energy facility as defined in RCW 70A.550.010, and accompanying 17
energy storage and transmission and distribution equipment, including 18
vehicle charging equipment; 19
(c) Energy storage, when such facilities are located:20
(i) Within the easement, right-of-way, or existing footprint of 21
electrical transmission facilities or electric utility infrastructure 22
sites; 23
(ii) Within the easement, right-of-way, or existing footprint of 24
a state highway or city or county road; 25
(iii) On lands within a transportation facility, including but 26
not limited to airports and railroad facilities, or restricted from 27
other developments by transportation facility operations;28
(iv) On closed or capped portions of landfills;29
(v) On reclaimed or former surface mine lands;30
(vi) On contaminated sites that have been remediated under 31
chapter 70A.305 RCW or the federal comprehensive environmental 32
response, compensation, and liability act (42 U.S.C. Sec. 9601 et 33
seq.) in a manner that includes an asphalt or soil cap; and34
(vii) On or in existing structures; 35
(d) Microgrids. For purposes of this section, "microgrids" are a 36
group of interconnected loads, energy generation, and other 37
distributed energy resources that act as a single controllable entity 38
with respect to the electric grid. A microgrid can operate both 39
autonomously from and synchronous with the central electric grid;40
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(e) Programs that reduce electric demand, manage the level or 1
timing of electricity consumption, or provide electricity storage, 2
renewable or nonemitting electric energy, capacity, or ancillary 3
services to an electric utility and that are located on the 4
distribution system, any subsystem of the distribution system, or 5
behind the customer meter, including conservation and energy 6
efficiency; and 7
(f) Programs that reduce energy demand, manage the level or 8
timing of energy consumption, or provide thermal energy storage.9
(2)(a) The department must review and, when appropriate, 10
periodically recommend to the legislature additional types of 11
distributed energy priorities for inclusion on the list under 12
subsection (1) of this section. 13
(b) The identification of distributed energy priorities in 14
subsection (1) of this section applies to the maximum extent 15
practical under state and federal law, but does not include any 16
development sites or activities prohibited under other state or 17
federal laws. 18
(3)(a) For purposes of this section, "agrivoltaic facility" means 19
a ground-mounted photovoltaic solar energy system that is designed to 20
be operated coincident with continued productive agricultural use of 21
the land. 22
(b) Eligible agricultural products and uses include any 23
combination of: 24
(i) Crop production; 25
(ii) Grazing; 26
(iii) Animal husbandry; and 27
(iv) Apiaries with pollinator habitat that have been designed and 28
installed to enable the agricultural producer the flexibility to 29
change what products are produced, raised, or grown at any point 30
throughout the life of the facility. 31
(c) An agrivoltaic facility must not permanently or significantly 32
degrade the agricultural or ecological productivity of the land after 33
the cessation of the operation of the facility or involve the sale of 34
a water right associated with the land. 35
(d) An agrivoltaic facility must be constructed, installed, and 36
operated to achieve integrated and simultaneous production of both 37
solar energy and marketable agricultural products by an agricultural 38
producer: 39
(i) On land beneath or between rows of solar panels, or both; and40
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(ii) As soon as agronomically feasible and optimal for the 1
agricultural producer after the commercial solar operation date, and 2
continuing until facility decommissioning. 3
(e) Solar panel arrays must be designed and installed in a manner 4
that supports the continuation of a viable farm operation for the 5
life of the array, and must consider, as appropriate, the 6
availability of light, water infrastructure for crops or animals, and 7
panel height and spacing relative to farm machinery needs.8
(4) For purposes of this section, "pivot corner facility" means a 9
ground-mounted photovoltaic solar energy system on noncultivated land 10
immediately adjacent to and outside of a center-pivot irrigated 11
cropland area but within the same agricultural field. A pivot corner 12
facility is designed to be operated coincident with continued 13
productive agricultural use of irrigated agricultural land adjacent 14
to the pivot corner facility. A pivot corner facility must not 15
involve the sale of a water right associated with the land.16
Sec. 2. RCW 36.70A.177 and 2006 c 147 s 1 are each amended to 17
read as follows: 18
(1) A county or a city may use a variety of innovative zoning 19
techniques in areas designated as agricultural lands of long-term 20
commercial significance under RCW 36.70A.170. The innovative zoning 21
techniques should be designed to conserve agricultural lands and 22
encourage the agricultural economy. Except as provided in subsection 23
(3) of this section, a county or city should encourage 24
nonagricultural uses to be limited to lands with poor soils or 25
otherwise not suitable for agricultural purposes. 26
(2) Innovative zoning techniques a county or city may consider 27
include, but are not limited to: 28
(a) Agricultural zoning, which limits the density of development 29
and restricts or prohibits nonfarm uses of agricultural land and may 30
allow accessory uses, including nonagricultural accessory uses and 31
activities, that support, promote, or sustain agricultural operations 32
and production, as provided in subsection (3) of this section;33
(b) Cluster zoning, which allows new development on one portion 34
of the land, leaving the remainder in agricultural or open space 35
uses; 36
(c) Large lot zoning, which establishes as a minimum lot size the 37
amount of land necessary to achieve a successful farming practice;38
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(d) Quarter/quarter zoning, which permits one residential 1
dwelling on a one-acre minimum lot for each one-sixteenth of a 2
section of land; and 3
(e) Sliding scale zoning, which allows the number of lots for 4
single-family residential purposes with a minimum lot size of one 5
acre to increase inversely as the size of the total acreage 6
increases. 7
(3) Accessory uses allowed under subsection (2)(a) of this 8
section shall comply with the following: 9
(a) Accessory uses shall be located, designed, and operated so as 10
to not interfere with, and to support the continuation of, the 11
overall agricultural use of the property and neighboring properties, 12
and shall comply with the requirements of this chapter;13
(b) Accessory uses may include: 14
(i) Agricultural accessory uses and activities, including but not 15
limited to the storage, distribution, and marketing of regional 16
agricultural products from one or more producers, agriculturally 17
related experiences, or the production, marketing, and distribution 18
of value-added agricultural products, including support services that 19
facilitate these activities; ((and))20
(ii) Nonagricultural accessory uses and activities as long as 21
they are consistent with the size, scale, and intensity of the 22
existing agricultural use of the property and the existing buildings 23
on the site. Nonagricultural accessory uses and activities, including 24
new buildings, parking, or supportive uses, shall not be located 25
outside the general area already developed for buildings and 26
residential uses and shall not otherwise convert more than one acre 27
of agricultural land to nonagricultural uses; and28
(iii) Solar energy production facilities including agrivoltaic 29
facilities, solar pivot corner facilities as described in RCW 30
43.21F.100, and other facilities that place solar panels in 31
agricultural lands of long-term commercial significance under RCW 32
36.70A.170 in a manner that does not meet the description of 33
agrivoltaic facilities or pivot corner facilities in RCW 43.21F.100, 34
but that meets the standards established under (b)(i) or (ii) of this 35
subsection; and 36
(c) Counties and cities have the authority to limit or exclude 37
accessory uses otherwise authorized in this subsection (3) in areas 38
designated as agricultural lands of long-term commercial 39
significance. 40
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(4) This section shall not be interpreted to limit agricultural 1
production on designated agricultural lands. 2
Sec. 3. RCW 36.70A.060 and 2023 c 225 s 2 are each amended to 3
read as follows: 4
(1)(a) Each county that is required or chooses to plan under RCW 5
36.70A.040, and each city within such county, shall adopt development 6
regulations on or before September 1, 1991, to assure the 7
conservation of agricultural, forest, and mineral resource lands 8
designated under RCW 36.70A.170. Regulations adopted under this 9
subsection may not prohibit uses legally existing on any parcel prior 10
to their adoption and shall remain in effect until the county or city 11
adopts development regulations pursuant to RCW 36.70A.040. Such 12
regulations shall assure that the use of lands adjacent to 13
agricultural, forest, or mineral resource lands shall not interfere 14
with the continued use, in the accustomed manner and in accordance 15
with best management practices, of these designated lands for the 16
production of food, agricultural products, or timber, or for the 17
extraction of minerals. As of the effective date of this section, 18
agrivoltaic facilities and pivot corner facilities, as described in 19
RCW 43.21F.100, are determined to assure conservation of agricultural 20
lands designated under RCW 36.70A.170 and not to interfere with the 21
continued use, in the accustomed manner and in accordance with best 22
management practices, of designated agricultural resource lands for 23
the production of food and agricultural products. County regulations 24
adopted under this section must be revised to be consistent with this 25
determination on or before July 1, 2029. Any county located to the 26
west of the crest of the Cascade mountains that has both a population 27
of at least four hundred thousand and a border that touches another 28
state, and any city in such county, may adopt development regulations 29
to assure that agriculture, forest, and mineral resource lands 30
adjacent to short line railroads may be developed for freight rail 31
dependent uses. 32
(b) Counties and cities shall require that all plats, short 33
plats, development permits, and building permits issued for 34
development activities on, or within five hundred feet of, lands 35
designated as agricultural lands, forestlands, or mineral resource 36
lands, contain a notice that the subject property is within or near 37
designated agricultural lands, forestlands, or mineral resource lands 38
on which a variety of commercial activities may occur that are not 39
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compatible with residential development for certain periods of 1
limited duration. The notice for mineral resource lands shall also 2
inform that an application might be made for mining-related 3
activities, including mining, extraction, washing, crushing, 4
stockpiling, blasting, transporting, and recycling of minerals.5
(c) Each county that adopts a resolution of partial planning 6
under RCW 36.70A.040(2)(b), and each city within such county, shall 7
adopt development regulations within one year after the adoption of 8
the resolution of partial planning to assure the conservation of 9
agricultural, forest, and mineral resource lands designated under RCW 10
36.70A.170. Regulations adopted under this subsection (1)(c) must 11
comply with the requirements governing regulations adopted under (a) 12
of this subsection. 13
(d)(i) A county that adopts a resolution of partial planning 14
under RCW 36.70A.040(2)(b) and that is not in compliance with the 15
planning requirements of this section, RCW 36.70A.040(4), 16
36.70A.070(5), 36.70A.170, and 36.70A.172 at the time the resolution 17
is adopted must, by January 30, 2017, apply for a determination of 18
compliance from the department finding that the county's development 19
regulations, including development regulations adopted to protect 20
critical areas, and comprehensive plans are in compliance with the 21
requirements of this section, RCW 36.70A.040(4), 36.70A.070(5), 22
36.70A.170, and 36.70A.172. The department must approve or deny the 23
application for a determination of compliance within one hundred 24
twenty days of its receipt or by June 30, 2017, whichever date is 25
earlier. 26
(ii) If the department denies an application under (d)(i) of this 27
subsection, the county and each city within is obligated to comply 28
with all requirements of this chapter and the resolution for partial 29
planning adopted under RCW 36.70A.040(2)(b) is no longer in effect.30
(iii) A petition for review of a determination of compliance 31
under (d)(i) of this subsection may only be appealed to the growth 32
management hearings board within 60 days of the issuance of the 33
decision by the department. 34
(iv) In the event of a filing of a petition in accordance with 35
(d)(iii) of this subsection, the county and the department must 36
equally share the costs incurred by the department for defending an 37
approval of determination of compliance that is before the growth 38
management hearings board. 39
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(v) The department may implement this subsection (1)(d) by 1
adopting rules related to determinations of compliance. The rules may 2
address, but are not limited to: The requirements for applications 3
for a determination of compliance; charging of costs under (d)(iv) of 4
this subsection; procedures for processing applications; criteria for 5
the evaluation of applications; issuance and notice of department 6
decisions; and applicable timelines. 7
(e) Any county that borders both the Cascade mountains and 8
another country and has a population of less than fifty thousand 9
people, and any city in such county, may adopt development 10
regulations to assure that agriculture, forest, and mineral resource 11
lands adjacent to short line railroads may be developed for freight 12
rail dependent uses. 13
(2) Each county and city shall adopt development regulations that 14
protect critical areas that are required to be designated under RCW 15
36.70A.170. For counties and cities that are required or choose to 16
plan under RCW 36.70A.040, such development regulations shall be 17
adopted on or before September 1, 1991. For the remainder of the 18
counties and cities, such development regulations shall be adopted on 19
or before March 1, 1992. 20
(3) Such counties and cities shall review these designations and 21
development regulations when adopting their comprehensive plans under 22
RCW 36.70A.040 and implementing development regulations under RCW 23
36.70A.120 and may alter such designations and development 24
regulations to ensure consistency. 25
(4)(a) A city with a population fewer than 25,000 may adopt the 26
county's critical areas regulations by reference to satisfy the 27
requirements under this section to designate and protect critical 28
areas; provided, that the county's critical areas regulations are not 29
subject to any outstanding administrative or judicial appeals at the 30
time of the city's adoption. Nothing in this subsection prohibits a 31
city from adopting its own critical areas regulations.32
(b) The city legislative action adopting the county regulations 33
by reference must incorporate future amendments to the critical areas 34
policies and development regulations of the county.35
(c) A city that adopts the county's critical areas regulations by 36
reference is not required to take legislative action to review and 37
update development regulations protecting critical areas under RCW 38
36.70A.130. 39
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(d) If grant funding is available for a local jurisdiction's 1
periodic comprehensive planning updates as required in RCW 2
36.70A.070, and a city has adopted by reference the county's critical 3
areas regulations as allowed in (a) through (c) of this subsection, 4
the county in which the city is located shall be entitled to the 5
portion of the city's grant funding that would otherwise have been 6
utilized for updating the city's critical areas regulations. The 7
department is authorized to determine what portion of the available 8
grant funding the city would have received for the critical areas 9
regulations update the county is entitled to receive.10
(5) Forestland and agricultural land located within urban growth 11
areas shall not be designated by a county or city as forestland or 12
agricultural land of long-term commercial significance under RCW 13
36.70A.170 unless the city or county has enacted a program 14
authorizing transfer or purchase of development rights.15
NEW SECTION. Sec. 4. If any provision of this act or its 16
application to any person or circumstance is held invalid, the 17
remainder of the act or the application of the provision to other 18
persons or circumstances is not affected.19
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