Energy facilities/water

AN ACT Relating to requiring proof of adequate water supply 1
before permitting new energy facilities; and amending RCW 80.50.060.2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 80.50.060 and 2023 c 229 s 4 are each amended to 4
read as follows: 5
(1)(a) The provisions of this chapter apply to the construction 6
of energy facilities which includes the new construction of energy 7
facilities and the reconstruction or enlargement of existing energy 8
facilities where the net increase in physical capacity or dimensions 9
resulting from such reconstruction or enlargement meets or exceeds 10
those capacities or dimensions set forth in RCW 80.50.020 (14) and 11
(29). No construction or reconstruction of such energy facilities may 12
be undertaken, except as otherwise provided in this chapter, without 13
first obtaining certification in the manner provided in this chapter.14
(b) If applicants proposing the following types of facilities 15
choose to receive certification under this chapter, the provisions of 16
this chapter apply to the construction, reconstruction, or 17
enlargement of these new or existing facilities: 18
(i) Facilities that produce refined biofuel, but which are not 19
capable of producing 25,000 barrels or more per day;20
(ii) Alternative energy resource facilities; 21
S-0735.1
SENATE BILL 5640
State of Washington 69th Legislature 2025 Regular Session
By Senators Boehnke and Dozier
Read first time 02/03/25. Referred to Committee on Environment,
Energy & Technology.
p. 1 SB 5640
(iii) Electrical transmission facilities: (A) Of a nominal 1
voltage of at least 115,000 volts; and (B) located in more than one 2
jurisdiction that has promulgated land use plans or zoning 3
ordinances; 4
(iv) Clean energy product manufacturing facilities; and5
(v) Storage facilities. 6
(c) All of the council's powers with regard to energy facilities 7
apply to all of the facilities in (b) of this subsection and these 8
facilities are subject to all provisions of this chapter that apply 9
to an energy facility. 10
(2)(a) The provisions of this chapter must apply to:11
(i) The construction, reconstruction, or enlargement of new or 12
existing electrical transmission facilities: (A) Of a nominal voltage 13
of at least 500,000 volts alternating current or at least 300,000 14
volts direct current; (B) located in more than one county; and (C) 15
located in the Washington service area of more than one retail 16
electric utility; and 17
(ii) The construction, reconstruction, or modification of 18
electrical transmission facilities when the facilities are located in 19
a national interest electric transmission corridor as specified in 20
RCW 80.50.045. 21
(b) For the purposes of this subsection, "modification" means a 22
significant change to an electrical transmission facility and does 23
not include the following: (i) Minor improvements such as the 24
replacement of existing transmission line facilities or supporting 25
structures with equivalent facilities or structures; (ii) the 26
relocation of existing electrical transmission line facilities; (iii) 27
the conversion of existing overhead lines to underground; or (iv) the 28
placing of new or additional conductors, supporting structures, 29
insulators, or their accessories on or replacement of supporting 30
structures already built. 31
(3) The provisions of this chapter shall not apply to normal 32
maintenance and repairs which do not increase the capacity or 33
dimensions beyond those set forth in RCW 80.50.020 (14) and (29).34
(4) Applications for certification of energy facilities made 35
prior to July 15, 1977, shall continue to be governed by the 36
applicable provisions of law in effect on the day immediately 37
preceding July 15, 1977, with the exceptions of RCW 80.50.071 which 38
shall apply to such prior applications and to site certifications 39
prospectively from July 15, 1977. 40
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(5) Applications for certification shall be upon forms prescribed 1
by the council and shall be supported by such information and 2
technical studies as the council may require. 3
(6) An application for certification of energy facilities must:4
(a) Describe the location and type of water intakes, water lines, 5
pipelines and water conveyance systems, and other associated 6
facilities required for providing water to the energy facility for 7
which certification is being requested;8
(b) Include detailed information regarding using air cooling as 9
an alternative to consumptive water use, including associated costs;10
(c) Describe water conservation methods that will be used during 11
construction and operation of the facility;12
(d) Include reports of examination identifying the water rights 13
or water right changes submitted to and under review by the 14
department of ecology and the quantities of water in gallons per 15
minute and acre feet per year that are eligible for change, together 16
with any limitations on use, including time of year. The reports of 17
examination must also include comments by the department of fish and 18
wildlife with respect to the proposed water right applications under 19
review by the department of ecology;20
(e) Contain a description of mitigation proposed for water supply 21
and include any and all mitigation required by the department of 22
ecology pursuant to the review of water rights or certificates, or 23
changes to water rights or certificates required in (d) of this 24
subsection; and25
(f) Describe all supply alternatives considered, including the 26
associated cost of implementing such alternatives, and the resulting 27
benefits and penalties that would be incurred.28
(7) Applicants for certification of energy facilities under this 29
section shall:30
(a) Consider water supply alternatives, including use of 31
reclaimed water, water reuse projects, and conservation methods; and32
(b) If an applicant is proposing to use surface or groundwater 33
for the facility, describe the source and the amount of water 34
required during construction and operation of the energy facility and 35
do one or more of the following:36
(i) Submit a water use authorization or a contractual right to 37
use water supplied by a municipal corporation or other water 38
purveyor;39
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(ii) Submit a water right permit or water right certificate 1
issued by the department of ecology for the proposed facility in an 2
amount sufficient to meet the need of the facility. If the permit or 3
certificate has been issued five years prior to the submittal date, 4
the applicant shall provide evidence that the water right permit is 5
in good standing, or that the certificate has not relinquished 6
through nonuse; or7
(iii) For applications for new surface or groundwater 8
withdrawals, or applications for water right changes or transfers of 9
existing rights or certificates for withdrawal, submit appropriate 10
applications for such rights, certificates, or changes in rights and 11
certificates to the department of ecology prior to submittal of the 12
application for site certification to the council.13
(8) Upon receipt of an application for certification under this 14
chapter, the chair of the council shall notify: 15
(a) The appropriate county legislative authority or authorities 16
where the proposed facility is located; 17
(b) The appropriate city legislative authority or authorities 18
where the proposed facility is located; 19
(c) The department of archaeology and historic preservation; and20
(d) The appropriate federally recognized tribal governments that 21
may be affected by the proposed facility. 22
(((7))) (9) The council must work with local governments where a 23
project is proposed to be sited in order to provide for meaningful 24
participation and input during siting review and compliance 25
monitoring. 26
(((8))) (10) The council must consult with all federally 27
recognized tribes that possess resources, rights, or interests 28
reserved or protected by federal treaty, statute, or executive order 29
in the area where an energy facility is proposed to be located to 30
provide early and meaningful participation and input during siting 31
review and compliance monitoring. The chair and designated staff must 32
offer to conduct government-to-government consultation to address 33
issues of concern raised by such a tribe. The goal of the 34
consultation process is to identify tribal resources or rights 35
potentially affected by the proposed energy facility and to seek ways 36
to avoid, minimize, or mitigate any adverse effects on tribal 37
resources or rights. The chair must provide regular updates on the 38
consultation to the council throughout the application review 39
process. The report from the council to the governor required in RCW 40
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80.50.100 must include a summary of the government-to-government 1
consultation process that complies with RCW 42.56.300, including the 2
issues and proposed resolutions. 3
(((9))) (11) The department of archaeology and historic 4
preservation shall coordinate with the affected federally recognized 5
tribes and the applicant in order to assess potential effects to 6
tribal cultural resources, archaeological sites, and sacred sites.7
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