EFSEC tribal consultation

AN ACT Relating to tribal consultation conducted by the energy 1
facility site evaluation council; and amending RCW 80.50.060 and 2
42.30.140. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 80.50.060 and 2025 c 261 s 3 are each amended to 5
read as follows: 6
(1)(a) The provisions of this chapter apply to the construction 7
of energy facilities which includes the new construction of energy 8
facilities and the reconstruction or enlargement of existing energy 9
facilities where the net increase in physical capacity or dimensions 10
resulting from such reconstruction or enlargement meets or exceeds 11
those capacities or dimensions set forth in RCW 80.50.020 (14) and 12
(29). No construction or reconstruction of such energy facilities may 13
be undertaken, except as otherwise provided in this chapter, without 14
first obtaining certification in the manner provided in this chapter.15
(b) If applicants proposing the following types of facilities 16
choose to receive certification under this chapter, the provisions of 17
this chapter apply to the construction, reconstruction, or 18
enlargement of these new or existing facilities: 19
(i) Facilities that produce refined biofuel, but which are not 20
capable of producing 25,000 barrels or more per day;21
H-2845.1
HOUSE BILL 2496
State of Washington 69th Legislature 2026 Regular Session
By Representatives Stearns, Ramel, Parshley, Simmons, Santos, Doglio,
Ormsby, Hill, and Pollet
Read first time 01/15/26. Referred to Committee on Environment &
Energy.
p. 1 HB 2496
(ii) Alternative energy resource facilities; 1
(iii) Electrical transmission facilities: (A) Of a nominal 2
voltage of at least 115,000 volts; and (B) located in more than one 3
jurisdiction that has promulgated land use plans or zoning 4
ordinances; 5
(iv) Clean energy product manufacturing facilities;6
(v) Storage facilities; and 7
(vi) Fusion energy facilities. However, such a fusion energy 8
facility receiving site certification must also secure required 9
licenses and registrations, or equivalent authorizations, for 10
radiation control purposes from designated state or federal agencies.11
(c) All of the council's powers with regard to energy facilities 12
apply to all of the facilities in (b) of this subsection and these 13
facilities are subject to all provisions of this chapter that apply 14
to an energy facility. 15
(2)(a) The provisions of this chapter must apply to:16
(i) The construction, reconstruction, or enlargement of new or 17
existing electrical transmission facilities: (A) Of a nominal voltage 18
of at least 500,000 volts alternating current or at least 300,000 19
volts direct current; (B) located in more than one county; and (C) 20
located in the Washington service area of more than one retail 21
electric utility; and 22
(ii) The construction, reconstruction, or modification of 23
electrical transmission facilities when the facilities are located in 24
a national interest electric transmission corridor as specified in 25
RCW 80.50.045. 26
(b) For the purposes of this subsection, "modification" means a 27
significant change to an electrical transmission facility and does 28
not include the following: (i) Minor improvements such as the 29
replacement of existing transmission line facilities or supporting 30
structures with equivalent facilities or structures; (ii) the 31
relocation of existing electrical transmission line facilities; (iii) 32
the conversion of existing overhead lines to underground; or (iv) the 33
placing of new or additional conductors, supporting structures, 34
insulators, or their accessories on or replacement of supporting 35
structures already built. 36
(3) The provisions of this chapter shall not apply to normal 37
maintenance and repairs which do not increase the capacity or 38
dimensions beyond those set forth in RCW 80.50.020 (14) and (29).39
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(4) Applications for certification of energy facilities made 1
prior to July 15, 1977, shall continue to be governed by the 2
applicable provisions of law in effect on the day immediately 3
preceding July 15, 1977, with the exceptions of RCW 80.50.071 which 4
shall apply to such prior applications and to site certifications 5
prospectively from July 15, 1977. 6
(5) Applications for certification shall be upon forms prescribed 7
by the council and shall be supported by such information and 8
technical studies as the council may require. 9
(6) Upon receipt of an application for certification under this 10
chapter, the chair of the council shall notify: 11
(a) The appropriate county legislative authority or authorities 12
where the proposed facility is located; 13
(b) The appropriate city legislative authority or authorities 14
where the proposed facility is located; 15
(c) The department of archaeology and historic preservation; and16
(d) The appropriate federally recognized tribal governments that 17
may be affected by the proposed facility. 18
(7) The council must work with local governments where a project 19
is proposed to be sited in order to provide for meaningful 20
participation and input during siting review and compliance 21
monitoring. 22
(8) The council must consult with all federally recognized tribes 23
that possess resources, rights, or interests reserved or protected by 24
federal treaty, statute, or executive order in the area where an 25
energy facility is proposed to be located to provide early and 26
meaningful participation and input during siting review and 27
compliance monitoring. The ((chair)) council and designated staff 28
must offer to conduct government-to-government consultation to 29
address issues of concern raised by such a tribe. Attendance by a 30
quorum of the council at the consultation does not constitute a 31
meeting under chapter 42.30 RCW, provided that there is no 32
deliberation between the members of the council and that no 33
assurances or commitments are made by members of the council. The 34
goal of the consultation process is ((to identify)) for the tribe to 35
provide information regarding tribal resources or rights potentially 36
affected by the proposed energy facility ((and to seek )), as well as 37
ways to avoid, minimize, or mitigate any adverse effects on tribal 38
resources or rights. ((The chair must provide regular updates on the 39
consultation to the council throughout the application review 40
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process.)) The report from the council to the governor required in 1
RCW 80.50.100 must include a summary of the government-to-government 2
consultation process that complies with RCW 42.56.300, including the 3
issues and proposed resolutions. The council's summary shall be 4
provided to the tribe before it is submitted to the governor and the 5
tribe will have 30 days to request any corrections or additional 6
information be included in the summary, or to provide its own summary 7
to be included in the council's report to the governor required in 8
RCW 80.50.100.9
(9) The department of archaeology and historic preservation shall 10
coordinate with the affected federally recognized tribes and the 11
applicant in order to assess potential effects to tribal cultural 12
resources, archaeological sites, and sacred sites.13
Sec. 2. RCW 42.30.140 and 1990 c 98 s 1 are each amended to read 14
as follows: 15
If any provision of this chapter conflicts with the provisions of 16
any other statute, the provisions of this chapter shall control: 17
PROVIDED, That this chapter shall not apply to: 18
(1) The proceedings concerned with the formal issuance of an 19
order granting, suspending, revoking, or denying any license, permit, 20
or certificate to engage in any business, occupation, or profession 21
or to any disciplinary proceedings involving a member of such 22
business, occupation, or profession, or to receive a license for a 23
sports activity or to operate any mechanical device or motor vehicle 24
where a license or registration is necessary; or 25
(2) That portion of a meeting of a quasi-judicial body which 26
relates to a quasi-judicial matter between named parties as 27
distinguished from a matter having general effect on the public or on 28
a class or group; or 29
(3) Matters governed by chapter 34.05 RCW, the Administrative 30
Procedure Act; or 31
(4)(a) Collective bargaining sessions with employee 32
organizations, including contract negotiations, grievance meetings, 33
and discussions relating to the interpretation or application of a 34
labor agreement; or (b) that portion of a meeting during which the 35
governing body is planning or adopting the strategy or position to be 36
taken by the governing body during the course of any collective 37
bargaining, professional negotiations, or grievance or mediation 38
p. 4 HB 2496
proceedings, or reviewing the proposals made in the negotiations or 1
proceedings while in progress; or2
(5) Government-to-government consultation with a federally 3
recognized tribe under requirements provided in RCW 80.50.060.4
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