wa-law.org > bill > 2025-26 > HB 2509 > Original Bill
When considering an application for an electrical transmission facility pursuant to RCW 80.50.060(1)(b)(iii) or 80.50.060(2)(a), the council shall consist of the chair of the council and two additional members who shall be qualified by experience or training in pertinent matters pertaining to environmental regulations, energy infrastructure siting, Washington land use practices, tribal consultation practices, and permitting. At least one member of the council shall have been admitted to practice law in this state and engaged in the legal profession at the time of the person's appointment.
The two additional members of the council:
Shall be appointed by the governor with the advice and consent of the senate;
Shall not be a candidate for, nor hold any other public office or trust, and shall not engage in any occupation or business interfering with or inconsistent with the candidate's duty as a member of the council, nor shall he or she serve on or under any committee of any political party;
Shall be appointed for a term of six years and until their successors are appointed and have qualified. In case of a vacancy, it shall be filled by appointment by the governor for the unexpired portion of the term in which said vacancy occurs, except the terms of the first two additional members shall be staggered so that one member shall be appointed to serve until July 1, 2029, and the other until July 1, 2032;
May be removed for inefficiency, malfeasance, and misfeasance in office, under specific written charges filed by the governor, who shall transmit such written charges to the member accused and to the chief justice of the supreme court. The chief justice shall thereupon designate a tribunal composed of three judges of the superior court to hear and adjudicate the charges. Such tribunal shall fix the time of the hearing, which shall be public, and the procedure for the hearing, and the decision of such tribunal shall be final and not subject to review by the supreme court. Removal of any member of the council by the tribunal shall disqualify such member for reappointment;
Shall be exempt from the application of Washington state civil service laws pursuant to RCW 41.06.070(1)(h)(i);
Shall receive salaries set by the director on a review and analysis of the duties and responsibilities of the positions and in accordance with state law for exempt positions;
For a period of one year after the termination of the person's membership on the council, shall not act in a representative capacity before the council on any matter.
A majority of the council pursuant to this section shall constitute a quorum for making recommendations for site certifications, promulgating rules and regulations necessary for the conduct of its powers and duties, or transacting other official business, and may act though one position of the council be vacant. One or more members may hold hearings and take testimony to be reported for action by the council when authorized by rule or order of the council. The council shall perform all the powers and duties specified in this chapter or as otherwise provided by law as they pertain to applications for an electrical transmission facility pursuant to RCW 80.50.060(1)(b)(iii) or 80.50.060(2)(a).
Applications for an electrical transmission facility made pursuant to RCW 80.50.060(1)(b)(iii) or 80.50.060(2)(a) shall not be required to hold a hearing pursuant to RCW 80.50.090(2), but must be reviewed in an adjudicative hearing pursuant to RCW 80.50.090(4) and chapter 34.05 RCW unless eligible for expedited processing under RCW 80.50.075. The council shall limit the topics of the adjudication to the project's potential for impacts to categories identified in subsection (2) of this section.
The council's recommendation to the governor pursuant to RCW 80.50.100 shall be based on the following decisional criteria:
The facility will be served by adequate public facilities including streets, fire protection, and utilities;
The facility will not be materially detrimental to uses or property in the immediate vicinity of the subject property;
The facility complies with applicable design and development standards required by this chapter;
The design, use, and operation of the facility comply with applicable state and federal statutes; and
The proposal shall provide practicable mitigation for adverse environmental impacts caused by the proposal.
The design and development standards applicable under subsection (2)(c) of this section shall be determined by council staff in coordination with the applicant within 90 days of the time of a complete application submission. Compliance with such design and development standards shall be deemed to mitigate or avoid adverse impacts to a nonsignificant level under chapter 43.21C RCW for the aspects of the environment related to the applicable standard.
Application materials provided pursuant to this chapter that are determined to constitute a complete application shall also be deemed to be the full documentation required for the applicant to demonstrate compliance with RCW 43.21C.460 and shall be included by the council in their review and decision making under chapter 43.21C RCW.
Wind generation facilities that qualify for a categorical exemption pursuant to section 4 of this act are authorized to begin:
Site preparation by grading of the site, foundation excavation, or other significant earthwork on the site;
Construction of footings or foundations, form work, installation of rebar, or pouring concrete for a project's major components or auxiliary structures;
Excavation for natural gas supply, water supply, water or wastewater discharge pipelines or structures;
Earthwork or construction of access or service roads, electrical transmission lines, switchyard structures, or laydown areas;
Construction of service roads needed for the facility's operation and maintenance following review and approval by council staff; and
Other construction of a similar scope of impact.
The commencement of construction consistent with subsection (1) of this section shall be at the applicant's risk and is not a basis or indication for whether any required certification amendment will be approved by the council.
Applicants for wind generation facilities that require repowering and are operating under an existing certification may submit an application for a minor amendment for certification if the council determines that the proposed project elements of the repowered facility:
Will not be located outside of existing corridors or project boundaries approved by the council for the specified wind generation facility; or
Comprise less than a 25 percent expansion of the certification project boundaries and there will be no impacts to Class I or Class II habitats or to cultural resources as identified through on-site surveys.
Any applicant operating a wind generation facility pursuant to an existing certification as defined in RCW 80.50.020 that applies to the council for an amendment to such certification for a repowering prior to July 4, 2026, shall be categorically exempt from the requirements of this chapter if the council determines that the proposed project elements of the repowered facility will not be located outside of existing approved corridors or approved project boundaries.
The energy facility site evaluation council is created and established.
The chair of the council shall be appointed by the governor with the advice and consent of the senate, shall have a vote on matters before the council, shall serve for a term coextensive with the term of the governor, and is removable for cause. The chair may designate a member of the council to serve as acting chair in the event of the chair's absence. The salary of the chair shall be determined under RCW 43.03.040. The chair is a "state employee" for the purposes of chapter 42.52 RCW. As applicable, when attending meetings of the council, members may receive reimbursement for travel expenses in accordance with RCW 43.03.050 and 43.03.060, and are eligible for compensation under RCW 43.03.250.
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Except for an application for an electrical transmission facility for which the council shall consist of the members as provided in section 1 of this act, the council shall consist of the chair of the council and:
The director of the department of ecology or the director's designee;
The director of the department of fish and wildlife or the director's designee;
The director of the department of commerce or the director's designee;
The chair of the utilities and transportation commission or the chair's designee; and
The commissioner of public lands or the commissioner's designee.
The directors, administrators, or their designees, of the following departments, agencies, and commissions, or their statutory successors, may participate as councilmembers at their own discretion provided they elect to participate no later than sixty days after an application is filed:
Department of agriculture;
Department of health;
Military department; and
Department of transportation.
The appropriate county legislative authority of every county wherein an application for a proposed site is filed shall appoint a member or designee as a voting member to the council. The member or designee so appointed shall sit with the council only at such times as the council considers the proposed site for the county which he or she represents, and such member or designee shall serve until there has been a final acceptance or rejection of the proposed site.
The city legislative authority of every city within whose corporate limits an energy facility is proposed to be located shall appoint a member or designee as a voting member to the council. The member or designee so appointed shall sit with the council only at such times as the council considers the proposed site for the city which he or she represents, and such member or designee shall serve until there has been a final acceptance or rejection of the proposed site.
For any port district wherein an application for a proposed port facility is filed subject to this chapter, the port district shall appoint a member or designee as a nonvoting member to the council. The member or designee so appointed shall sit with the council only at such times as the council considers the proposed site for the port district which he or she represents, and such member or designee shall serve until there has been a final acceptance or rejection of the proposed site. The provisions of this subsection shall not apply if the port district is the applicant, either singly or in partnership or association with any other person.
A quorum of the council consists of a majority of members appointed for business to be conducted.
Any person filing an application for certification of any facility pursuant to this chapter may apply to the council for an expedited processing of such an application. The application for expedited processing shall be submitted to the council in such form and manner and accompanied by such information as may be prescribed by council rule.
The council must grant an applicant expedited processing of an application for certification for proposals for solar, onshore wind, electricity storage, and transmission line facilities, including accessory facilities required to bring those facilities to commercial operation that are included in the proposal, upon finding that:
The environmental impact of the proposed facility is not significant or will be mitigated to a nonsignificant level under RCW 43.21C.031. Threshold determinations pursuant to chapter 43.21C RCW for any such proposal shall be made within 90 days of the determination of application completeness; and
Prior to the submission of the application, the applicant has completed a preapplication process with all federally recognized tribes potentially impacted by the project, as identified by the council. Upon request from a potential applicant, the council shall, within 14 days, provide the applicant with information identifying the potentially affected federally recognized tribes. The preapplication process requires the applicant to provide potentially affected tribes with a project notification that includes geographical location, detailed scope of the proposed project, preliminary proposed project details, an opportunity to provide comments, and an opportunity to meet with the applicant, before an application for certification is submitted under RCW 80.50.071. The applicant must document in the application that the applicant:
Provided the required notification;
Provided reasonable opportunities for potentially affected tribes to comment on the proposal and meet with the applicant;
Included the comments provided on the proposal, if any; and
Included the applicant's response to the comments.
For other facilities not listed in subsection (2) of this section, the council may grant an applicant expedited processing of an application for certification upon finding that the environmental impact of the proposed facility is not significant or will be mitigated to a nonsignificant level under RCW 43.21C.031 and the project is found under RCW 80.50.090(2) to be consistent and in compliance with city, county, or regional land use plans or zoning ordinances. Proposals qualifying for expedited permitting through either subsection (2) or (3) of this section shall state in their proposal the applicable permitting pathway sought by the applicant.
Upon granting an applicant expedited processing of an application for certification, the council shall not be required to:
Commission an independent study to further measure the consequences of the proposed facility on the environment, notwithstanding the other provisions of RCW 80.50.071; nor
Hold an adjudicative proceeding under chapter 34.05 RCW, the administrative procedure act, on the application.
The council shall adopt rules governing the expedited processing of an application for certification pursuant to this section.