wa-law.org > bill > 2025-26 > HB 1847 > Substitute Bill
The legislature finds that, as Washington works towards meeting its goals under the clean energy transformation act, we see many larger-scale renewable energy projects proposed. These projects can come with significant challenges. This act aims to incentivize the development of renewable energy on lands and structures that have minimal disruption to natural habitats, communities, cultural resources, and agriculture. This could include small-scale wind energy developments, solar energy developments on landfills, structures, and other developed lands, and the placement of solar panels on agricultural lands that ensure the continued viability of agriculture alongside energy production. Incentivizing distributed energy can help us protect our rich agricultural lands and meet our clean energy goals.
The following categories of clean energy facilities and nonproject activities that reduce environmental impacts are determined to constitute distributed energy priorities:
Solar energy generation and accompanying energy storage and electricity transmission and distribution, including vehicle charging equipment, when such facilities are located:
Within the easement, right-of-way, or existing footprint of electrical transmission facilities;
Within the easement, right-of-way, or existing footprint of a state highway or city or county road;
On structures over or enclosing irrigation canals, drainage ditches, and irrigation, agricultural, livestock supply, stormwater, or wastewater reservoirs or similar impoundments of state waters that do not host salmon or steelhead trout runs;
On elevated structures over parking lots;
On lands within a transportation facility, including but not limited to airports and railroad facilities, or restricted from other developments by transportation facility operations;
On closed or capped portions of landfills;
On reclaimed or former surface mine lands or contaminated sites that have been remediated under chapter 70A.305 RCW or the federal comprehensive environmental response, compensation, and liability act (42 U.S.C. Sec. 9601 et seq.) in a manner that includes an asphalt or soil cap;
As an agrivoltaic facility; and
ix. On existing structures;
Wind energy generation that is not a utility-scale wind energy facility as defined in RCW 70A.550.010, and accompanying energy storage and transmission and distribution equipment, including vehicle charging equipment;
Energy storage, when such facilities are located:
Within the easement, right-of-way, or existing footprint of electrical transmission facilities;
Within the easement, right-of-way, or existing footprint of a state highway or city or county road;
On lands within a transportation facility, including but not limited to airports and railroad facilities, or restricted from other developments by transportation facility operations;
On closed or capped portions of landfills;
On reclaimed or former surface mine lands;
On contaminated sites that have been remediated under chapter 70A.305 RCW or the federal comprehensive environmental response, compensation, and liability act (42 U.S.C. Sec. 9601 et seq.) in a manner that includes an asphalt or soil cap; and
On or in existing structures;
Programs that reduce electric demand, manage the level or timing of electricity consumption, or provide electricity storage, renewable or nonemitting electric energy, capacity, or ancillary services to an electric utility and that are located on the distribution system, any subsystem of the distribution system, or behind the customer meter, including conservation and energy efficiency; and
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The department must review and, when appropriate, periodically recommend to the legislature additional types of distributed energy priorities for inclusion on the list under subsection (1) of this section.
The identification of distributed energy priorities in subsection (1) of this section applies to the maximum extent practical under state and federal law, but does not include any development sites or activities prohibited under other state or federal laws.
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For purposes of this section, "agrivoltaic facility" means a solar energy generation facility designed to be operated coincident with continued productive agricultural use of the land or the provision of ecological value, including habitat, or both.
An agrivoltaic facility must not permanently or significantly degrade the agricultural or ecological productivity of the land after the cessation of the operation of the facility or involve the sale of a water right associated with the land.
An agrivoltaics facility must not cause the temporary or permanent conversion of land from agricultural uses.
An agrivoltaic facility must be designed to continue to produce marketable and measurable agricultural products or ecosystem services under a business plan that considers soils, infrastructure, support services, water access, succession, and market access of any agricultural products to be produced at the facility.
For agrivoltaic facilities featuring continued agricultural production, solar panel arrays must be designed and installed in a manner that supports the continuation of a viable farm operation for the life of the array, and must consider, as appropriate, the availability of light, water infrastructure for crops or animals, and panel height and spacing relative to farm machinery needs.
The department must assist in identifying, coordinating, and implementing opportunities for state government, in its role as a regulator, energy consumer, or possessor of property and assets capable of being used for distributed energy priorities, to facilitate the development of distributed energy priorities identified in section 2 of this act.
The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
"Alternative energy resource" has the same meaning as defined in RCW 80.50.020.
"Alternative jet fuel" has the same meaning as defined in RCW 43.158.010.
"Associated facilities" has the same meaning as defined in RCW 43.158.010.
"Clean energy product manufacturing facility" has the same meaning as defined in RCW 43.158.010.
"Clean energy project" has the same meaning as defined in RCW 43.158.010.
"Closely related proposals" means proposals that:
Cannot or will not proceed unless the other proposals, or parts of proposals, are implemented simultaneously with them; or
Are interdependent parts of a larger proposal and depend on the larger proposal as their justification or for their implementation.
"Green electrolytic hydrogen" has the same meaning as defined in RCW 80.50.020.
"Green hydrogen carrier" has the same meaning as defined in RCW 80.50.020.
"Renewable natural gas" has the same meaning as defined in RCW 80.50.020.
"Renewable resource" has the same meaning as defined in RCW 80.50.020.
"Storage facility" has the same meaning as defined in RCW 80.50.020.
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After the submission of an environmental checklist and prior to issuing a threshold determination that a clean energy project proposal is likely to cause a probable significant adverse environmental impact consistent with RCW 43.21C.033, the lead agency must notify the project applicant and explain in writing the basis for its anticipated determination of significance. Prior to issuing the threshold determination of significance, the lead agency must give the project applicant the option of withdrawing and revising its application and the associated environmental checklist. The lead agency shall make its threshold determination based upon the changed or clarified application and associated environmental checklist. The responsible official has no more than 30 days from the date of the resubmission of a clarified or changed application to make a threshold determination, unless the applicant makes material changes that substantially modify the impact of the proposal, in which case the responsible official must treat the resubmitted clarified or changed application as new, and is subject to the timelines established in RCW 43.21C.033.
The notification required under (a) of this subsection is not an official determination by the lead agency and is not subject to appeal under this chapter.
Nothing in this subsection amends the requirements of RCW 43.21C.033 as they apply to proposals that are not for clean energy projects and nothing in this subsection precludes the lead agency from allowing an applicant for a proposal that is not a clean energy project to follow application processes similar to or the same as the application processes identified in this subsection.
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When an environmental impact statement is required, a lead agency shall prepare a final environmental impact statement for clean energy projects within 24 months of a threshold determination of a probable significant, adverse environmental impact.
A lead agency may work with clean energy project applicants to set or extend a time limit longer than 24 months under (a) of this subsection, provided the:
Applicant agrees to a longer time limit; and
Responsible official for the lead agency maintains an updated schedule available for public review.
For all clean energy projects that require the preparation of an environmental impact statement, the lead agency shall work collaboratively with applicants and all agencies that will have actions requiring review under this chapter to develop a schedule that shall:
Include a list of, and roles and responsibilities for, all entities that have actions requiring review under this chapter for the project;
Include a comprehensive schedule of dates by which review under this chapter will be completed, all actions requiring review under this chapter will be taken, and the public will have an opportunity to participate;
Be completed within 60 days of issuance of a determination of significance;
Be updated as needed, but no later than 30 days of missing a date on the schedule; and
Be available for public review on the state environmental policy act register.
A lead agency may fulfill its responsibilities under this subsection with a coordinated project plan prepared pursuant to 42 U.S.C. Sec. 4370m–2(c)(1) if it includes all dates identified under (c)(ii) of this subsection.
A failure to comply with the requirements in this subsection is not subject to appeal and does not provide a basis for the invalidation of the review by an agency under this chapter. Nothing in this subsection creates any civil liability for an agency or creates a new cause of action against an agency.
For clean energy projects, the provisions of this subsection are in addition to the requirements of RCW 43.21C.0311.
This subsection provides clarifications on the content of review under this chapter specific to clean energy projects.
In defining the proposal that is the subject of review under this chapter, a lead agency may not combine the evaluation of a clean energy project proposal with other proposals unless the:
Proposals are closely related; or
Applicant agrees to combining the proposals' evaluation.
An agency with authority to impose mitigation under RCW 43.21C.060 may require mitigation measures for clean energy projects only to address the environmental impacts that are attributable to and caused by a proposal.
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(A) Distributed energy priorities identified in section 2 of this act; and
(B) Construction of structures with a footprint of less than 1,000 square feet that support solar energy generation panels or other equipment, if the construction of such structures is not undertaken wholly or partly on lands covered by water.
ii. For each specific category of such projects, the department of ecology may, as appropriate:
(A) Categorically exempt from compliance with this chapter certain projects. The department may limit the availability of a categorical exemption under this subsection to development actions that do not exceed certain size thresholds or that are carried out in specified circumstances or locations; or
(B) Identify circumstances where it is appropriate to identify standardized mitigation, which may include best management practices, for potential adverse environmental impacts. When implemented, the standardized mitigation developed under this subsection must be considered in a threshold determination under this chapter.
b. In adopting rules under this subsection, the department must:
i. Consider the nonproject environmental impact statements prepared pursuant to RCW 43.21C.405 and 43.21C.535;
ii. Consider applicable rules, guidance, and environmental best management practices adopted by federal agencies, and the scope and applicability of any similar exemptions under federal statute and rules to environmental review requirements under the national environmental policy act, 42 U.S.C. Sec. 4321 et seq.; and
iii. Request and consider input from agencies, federally recognized Indian tribes, stakeholders, local governments, and the public in a manner that satisfies the obligations of chapters 34.05 and 70A.02 RCW, including to assist in the identification of the suitable scope, size thresholds, circumstances, best management practices, and mitigation measures.
c. In recognition of the state's regulatory requirements, which include 2030 and 2045 compliance deadlines for clean energy under chapter 19.405 RCW, and the urgency of the need to facilitate energy infrastructure developments, the department must aspire to finalize the adoption of rules under this subsection by January 1, 2028, so as to enable the application of the categorical exemptions and standardized mitigation under this subsection as quickly as possible.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
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"Open space land" means : (i) Any land area so designated by an official comprehensive land use plan adopted by any city or county and zoned accordingly; or (ii) any land area, the preservation of which in its present use would (A) conserve and enhance natural or scenic resources, or (B) protect streams or water supply, or (C) promote conservation of soils, wetlands, beaches or tidal marshes, or (D) enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations or sanctuaries or other open space, or (E) enhance recreation opportunities, or (F) preserve historic sites, or (G) preserve visual quality along highway, road, and street corridors or scenic vistas, or (H) retain in its natural state tracts of land not less than one acre situated in an urban area and open to public use on such conditions as may be reasonably required by the legislative body granting the open space classification; or (iii) any land meeting the definition of farm and agricultural conservation land under subsection (8) of this section. As a condition of granting open space classification, the legislative body may not require public access on land classified under (a)(ii)(C) of this subsection for the purpose of promoting conservation of wetlands.
"Open space land" includes land on which an agrivoltaic facility designed to be operated coincident with the provision of ecological value, including habitat, is located.
"Farm and agricultural land" means:
Any parcel of land that is 20 or more acres or multiple parcels of land that are contiguous and total 20 or more acres:
Devoted primarily to the production of livestock or agricultural commodities for commercial purposes;
Enrolled in the federal conservation reserve program or its successor administered by the United States department of agriculture; or
Other similar commercial activities as may be established by rule;
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(A) $100 or more per acre per year for three of the five calendar years preceding the date of application for classification under this chapter for all parcels of land that are classified under this subsection or all parcels of land for which an application for classification under this subsection is made with the granting authority prior to January 1, 1993; and
(B) On or after January 1, 1993, $200 or more per acre per year for three of the five calendar years preceding the date of application for classification under this chapter;
ii. For the purposes of (b)(i) of this subsection, "gross income from agricultural uses" includes, but is not limited to, the wholesale value of agricultural products donated to nonprofit food banks or feeding programs;
c. Any parcel of land of less than five acres devoted primarily to agricultural uses which has produced a gross income as of January 1, 1993, of:
i. $1,000 or more per year for three of the five calendar years preceding the date of application for classification under this chapter for all parcels of land that are classified under this subsection or all parcels of land for which an application for classification under this subsection is made with the granting authority prior to January 1, 1993; and
ii. On or after January 1, 1993, $1,500 or more per year for three of the five calendar years preceding the date of application for classification under this chapter. Parcels of land described in (b)(i)(A) and (c)(i) of this subsection will, upon any transfer of the property excluding a transfer to a surviving spouse or surviving state registered domestic partner, be subject to the limits of (b)(i)(B) and (c)(ii) of this subsection;
d. Any parcel of land that is five acres or more but less than 20 acres devoted primarily to agricultural uses, which meet one of the following criteria:
i. Has produced a gross income from agricultural uses equivalent to two hundred dollars or more per acre per year for three of the five calendar years preceding the date of application for classification under this chapter;
ii. Has standing crops with an expectation of harvest within seven years, except as provided in (d)(iii) of this subsection, and a demonstrable investment in the production of those crops equivalent to one hundred dollars or more per acre in the current or previous calendar year. For the purposes of this subsection (2)(d)(ii), "standing crop" means Christmas trees, vineyards, fruit trees, or other perennial crops that: (A) Are planted using agricultural methods normally used in the commercial production of that particular crop; and (B) typically do not produce harvestable quantities in the initial years after planting; or
iii. Has a standing crop of short rotation hardwoods with an expectation of harvest within 15 years and a demonstrable investment in the production of those crops equivalent to $100 or more per acre in the current or previous calendar year;
e. Any lands including incidental uses as are compatible with agricultural purposes, including wetlands preservation, provided such incidental use does not exceed 20 percent of the classified land and the land on which appurtenances necessary to the production, preparation, or sale of the agricultural products exist in conjunction with the lands producing such products. Agricultural lands also include any parcel of land of one to five acres, which is not contiguous, but which otherwise constitutes an integral part of farming operations being conducted on land qualifying under this section as "farm and agricultural lands";
f. The land on which housing for employees and the principal place of residence of the farm operator or owner of land classified pursuant to (a) of this subsection is sited if: The housing or residence is on or contiguous to the classified parcel; and the use of the housing or the residence is integral to the use of the classified land for agricultural purposes;
g. Any land that is used primarily for equestrian related activities for which a charge is made, including, but not limited to, stabling, training, riding, clinics, schooling, shows, or grazing for feed and that otherwise meet the requirements of (a), (b), or (c) of this subsection;
h. Any land primarily used for commercial horticultural purposes, including growing seedlings, trees, shrubs, vines, fruits, vegetables, flowers, herbs, and other plants in containers, whether under a structure or not, subject to the following:
i. The land is not primarily used for the storage, care, or selling of plants purchased from other growers for retail sale;
ii. If the land is less than five acres and used primarily to grow plants in containers, such land does not qualify as "farm and agricultural land" if more than 25 percent of the land used primarily to grow plants in containers is open to the general public for on-site retail sales;
iii. If more than 20 percent of the land used for growing plants in containers qualifying under this subsection (2)(h) is covered by pavement, none of the paved area is eligible for classification as "farm and agricultural land" under this subsection (2)(h). The eligibility limitations described in this subsection (2)(h)(iii) do not affect the land's eligibility to qualify under (e) of this subsection; and
iv. If the land classified under this subsection (2)(h), in addition to any contiguous land classified under this subsection, is less than 20 acres, it must meet the applicable income or investment requirements in (b), (c), or (d) of this subsection; or
i. Lands identified in (a) through (h) of this subsection on which an agrivoltaic facility designed to be operated coincident with continued productive agricultural use of the land is located.
"Timberland" means any parcel of land that is five or more acres or multiple parcels of land that are contiguous and total five or more acres which is or are devoted primarily to the growth and harvest of timber for commercial purposes. Timberland means the land only and does not include a residential homesite. The term includes land used for incidental uses that are compatible with the growing and harvesting of timber but no more than 10 percent of the land may be used for such incidental uses. It also includes the land on which appurtenances necessary for the production, preparation, or sale of the timber products exist in conjunction with land producing these products.
"Current" or "currently" means as of the date on which property is to be listed and valued by the assessor.
"Owner" means the party or parties having the fee interest in land, except that where land is subject to real estate contract "owner" means the contract vendee.
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"Contiguous" means land adjoining and touching other property held by the same ownership. Land divided by a public road, but otherwise an integral part of a farming operation, is considered contiguous.
For purposes of this subsection (6):
(A) Managed as part of a single operation; and
(B) Owned by:
(I) Members of the same family;
(II) Legal entities that are wholly owned by members of the same family; or
(III) An individual who owns at least one of the parcels and a legal entity or entities that own the other parcel or parcels if the entity or entities are wholly owned by that individual, members of his or her family, or that individual and members of his or her family.
ii. "Family" includes only:
(A) An individual and his or her spouse or domestic partner, child, stepchild, adopted child, grandchild, parent, stepparent, grandparent, cousin, or sibling;
(B) The spouse or domestic partner of an individual's child, stepchild, adopted child, grandchild, parent, stepparent, grandparent, cousin, or sibling;
(C) A child, stepchild, adopted child, grandchild, parent, stepparent, grandparent, cousin, or sibling of the individual's spouse or the individual's domestic partner; and
(D) The spouse or domestic partner of any individual described in (b)(ii)(C) of this subsection (6).
"Granting authority" means the appropriate agency or official who acts on an application for classification of land pursuant to this chapter.
"Farm and agricultural conservation land" means either:
Land that was previously classified under subsection (2) of this section, that no longer meets the criteria of subsection (2) of this section, and that is reclassified under subsection (1) of this section; or
Land that is traditional farmland that is not classified under chapter 84.33 or 84.34 RCW, that has not been irrevocably devoted to a use inconsistent with agricultural uses, and that has a high potential for returning to commercial agriculture.
"Agrivoltaic facility" has the same meaning as described in section 2 of this act.
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When land has once been classified under this chapter, it must remain under such classification and must not be applied to other use except as provided by subsection (2) of this section for at least ten years from the date of classification. It must continue under such classification until and unless withdrawn from classification after notice of request for withdrawal is made by the owner. After the initial 10-year classification period has elapsed, notice of request for withdrawal of all or a portion of the land may be given by the owner to the assessor or assessors of the county or counties in which the land is situated. If a portion of a parcel is removed from classification, the remaining portion must meet the same requirements as did the entire parcel when the land was originally granted classification under this chapter unless the remaining parcel has different income criteria. Within seven days the assessor must transmit one copy of the notice to the legislative body that originally approved the application. The assessor or assessors, as the case may be, must withdraw the land from the classification and the land is subject to the additional tax and applicable interest due under RCW 84.34.108. Agreement to tax according to use is not considered to be a contract and can be abrogated at any time by the legislature in which event no additional tax or penalty may be imposed.
If the assessor gives written notice of removal as provided in RCW 84.34.108(1)(d)(i) of all or a portion of land classified under this chapter before the owner gives a notice of request for withdrawal in (a) of this subsection, the provisions of RCW 84.34.108 apply.
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The following reclassifications are not considered withdrawals or removals and are not subject to additional tax under RCW 84.34.108:
Reclassification between lands under RCW 84.34.020 (2) and (3);
Reclassification of land classified under RCW 84.34.020 (2) or (3) or designated under chapter 84.33 RCW to open space land under RCW 84.34.020(1);
Reclassification of land classified under RCW 84.34.020 (2) or (3) to forestland designated under chapter 84.33 RCW; and
Reclassification of land classified as open space land under RCW 84.34.020(1)(a)(iii) and reclassified to farm and agricultural land under RCW 84.34.020(2) if the land had been previously classified as farm and agricultural land under RCW 84.34.020(2).
Designation as forestland under RCW 84.33.130(1) as a result of a merger adopted under RCW 84.34.400 is not considered a withdrawal or removal and is not subject to additional tax under RCW 84.34.108.
Applications for reclassification are subject to applicable provisions of RCW 84.34.037, 84.34.035, 84.34.041, and chapter 84.33 RCW.
The income criteria for land classified under RCW 84.34.020(2) (b) and (c) may be deferred for land being reclassified from land classified under RCW 84.34.020 (1)(a)(iii) or (3), or chapter 84.33 RCW into RCW 84.34.020(2) (b) or (c) for a period of up to five years from the date of reclassification.
The addition of an agrivoltaic facility does not constitute a reclassification for purposes of this chapter and is not considered a withdrawal or removal subject to additional tax under RCW 84.34.108.
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.