Energy storage siting/EFSEC

AN ACT Relating to prohibiting the energy facility site 1
evaluation council from preempting local laws that forbid the siting 2
of certain storage facilities in critical areas; and amending RCW 3
80.50.090 and 80.50.110. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 80.50.090 and 2022 c 183 s 9 are each amended to 6
read as follows: 7
(1) The council shall conduct an informational public hearing in 8
the county of the proposed site as soon as practicable but not later 9
than sixty days after receipt of an application for site 10
certification. However, the place of such public hearing shall be as 11
close as practical to the proposed site. 12
(2) Subsequent to the informational public hearing, the council 13
shall conduct a public hearing to determine whether or not the 14
proposed site is consistent and in compliance with city, county, or 15
regional land use plans or zoning ordinances on the date of the 16
application. 17
(3)(a) After the submission of an environmental checklist and 18
prior to issuing a threshold determination that a facility is likely 19
to cause a significant adverse environmental impact under chapter 20
43.21C RCW, the director must notify the project applicant and 21
S-0299.1
SENATE BILL 5283
State of Washington 69th Legislature 2025 Regular Session
By Senators Wagoner, J. Wilson, Dozier, Boehnke, Schoesler, Muzzall,
Warnick, and Fortunato
Read first time 01/15/25. Referred to Committee on Environment,
Energy & Technology.
p. 1 SB 5283
explain in writing the basis for its anticipated determination of 1
significance. Prior to issuing the threshold determination of 2
significance, the director must give the project applicant the option 3
of withdrawing and revising its application and the associated 4
environmental checklist to clarify or make changes to features of the 5
proposal that are designed to mitigate the impacts that were the 6
basis of the director's anticipated determination of significance. 7
The director shall make the threshold determination based upon the 8
changed or clarified proposal following the applicant's submittal. 9
The director must provide an opportunity for public comment on a 10
project for which a project applicant has withdrawn and revised the 11
application and environmental checklist and subsequently received a 12
threshold determination of nonsignificance or mitigated determination 13
of nonsignificance. 14
(b) The notification required under (a) of this subsection is not 15
an official determination by the director and is not subject to 16
appeal under chapter 43.21C RCW. 17
(4) Prior to the issuance of a council recommendation to the 18
governor under RCW 80.50.100 a public hearing, conducted as an 19
adjudicative proceeding under chapter 34.05 RCW, the administrative 20
procedure act, shall be held. 21
(a) At such public hearing any person shall be entitled to be 22
heard in support of or in opposition to the application for 23
certification by raising one or more specific issues, provided that 24
the person has raised the issue or issues in writing with specificity 25
during the application review process or during the public comment 26
period that will be held prior to the start of the adjudicative 27
hearing. 28
(b) If the environmental impact of the proposed facility in an 29
application for certification is not significant or will be mitigated 30
to a nonsignificant level under RCW 43.21C.031, the council may limit 31
the topic of the public hearing conducted as an adjudicative 32
proceeding under this section to whether any land use plans or zoning 33
ordinances with which the proposed site is determined to be 34
inconsistent under subsection (2) of this section should be 35
preempted. Notwithstanding this subsection, a land use plan or zoning 36
ordinance that forbids the siting of an electricity storage facility 37
in a critical area, as defined in RCW 36.70A.030, may not be 38
preempted.39
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(5) After expedited processing is granted under RCW 80.50.075, 1
the council must hold a public meeting to take comments on the 2
proposed application prior to issuing a council recommendation to the 3
governor. 4
(6) Additional public hearings shall be held as deemed 5
appropriate by the council in the exercise of its functions under 6
this chapter. 7
Sec. 2. RCW 80.50.110 and 1975-'76 2nd ex.s. c 108 s 37 are each 8
amended to read as follows: 9
(1) If any provision of this chapter is in conflict with any 10
other provision, limitation, or restriction which is now in effect 11
under any other law of this state, or any rule or regulation 12
promulgated thereunder, this chapter shall govern and control and 13
such other law or rule or regulation promulgated thereunder shall be 14
deemed superseded for the purposes of this chapter.15
(2) ((The)) Except as provided in RCW 80.50.090, the state hereby 16
preempts the regulation and certification of the location, 17
construction, and operational conditions of certification of the 18
energy facilities included under RCW 80.50.060 as now or hereafter 19
amended. 20
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