wa-law.org > bill > 2025-26 > SB 6010 > Original Bill

SB 6010 - Concerning tribal consultation conducted by the energy facility site evaluation council.

Source

Section 1

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    1. The provisions of this chapter apply to the construction of energy facilities which includes the new construction of energy facilities and the reconstruction or enlargement of existing energy facilities where the net increase in physical capacity or dimensions resulting from such reconstruction or enlargement meets or exceeds those capacities or dimensions set forth in RCW 80.50.020 (14) and (29). No construction or reconstruction of such energy facilities may be undertaken, except as otherwise provided in this chapter, without first obtaining certification in the manner provided in this chapter.

    2. If applicants proposing the following types of facilities choose to receive certification under this chapter, the provisions of this chapter apply to the construction, reconstruction, or enlargement of these new or existing facilities:

      1. Facilities that produce refined biofuel, but which are not capable of producing 25,000 barrels or more per day;

      2. Alternative energy resource facilities;

      3. Electrical transmission facilities: (A) Of a nominal voltage of at least 115,000 volts; and (B) located in more than one jurisdiction that has promulgated land use plans or zoning ordinances;

      4. Clean energy product manufacturing facilities;

    3. Storage facilities; and

    1. Fusion energy facilities. However, such a fusion energy facility receiving site certification must also secure required licenses and registrations, or equivalent authorizations, for radiation control purposes from designated state or federal agencies.

    2. All of the council's powers with regard to energy facilities apply to all of the facilities in (b) of this subsection and these facilities are subject to all provisions of this chapter that apply to an energy facility.

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    1. The provisions of this chapter must apply to:

      1. The construction, reconstruction, or enlargement of new or existing electrical transmission facilities: (A) Of a nominal voltage of at least 500,000 volts alternating current or at least 300,000 volts direct current; (B) located in more than one county; and (C) located in the Washington service area of more than one retail electric utility; and

      2. The construction, reconstruction, or modification of electrical transmission facilities when the facilities are located in a national interest electric transmission corridor as specified in RCW 80.50.045.

    2. For the purposes of this subsection, "modification" means a significant change to an electrical transmission facility and does not include the following: (i) Minor improvements such as the replacement of existing transmission line facilities or supporting structures with equivalent facilities or structures; (ii) the relocation of existing electrical transmission line facilities; (iii) the conversion of existing overhead lines to underground; or (iv) the placing of new or additional conductors, supporting structures, insulators, or their accessories on or replacement of supporting structures already built.

  3. The provisions of this chapter shall not apply to normal maintenance and repairs which do not increase the capacity or dimensions beyond those set forth in RCW 80.50.020 (14) and (29).

  4. Applications for certification of energy facilities made prior to July 15, 1977, shall continue to be governed by the applicable provisions of law in effect on the day immediately preceding July 15, 1977, with the exceptions of RCW 80.50.071 which shall apply to such prior applications and to site certifications prospectively from July 15, 1977.

  5. Applications for certification shall be upon forms prescribed by the council and shall be supported by such information and technical studies as the council may require.

  6. Upon receipt of an application for certification under this chapter, the chair of the council shall notify:

    1. The appropriate county legislative authority or authorities where the proposed facility is located;

    2. The appropriate city legislative authority or authorities where the proposed facility is located;

    3. The department of archaeology and historic preservation; and

    4. The appropriate federally recognized tribal governments that may be affected by the proposed facility.

  7. The council must work with local governments where a project is proposed to be sited in order to provide for meaningful participation and input during siting review and compliance monitoring.

  8. The council must consult with all federally recognized tribes that possess resources, rights, or interests reserved or protected by federal treaty, statute, or executive order in the area where an energy facility is proposed to be located to provide early and meaningful participation and input during siting review and compliance monitoring. The council and designated staff must offer to conduct government-to-government consultation to address issues of concern raised by such a tribe. Attendance by a quorum of the council at the consultation does not constitute a meeting under chapter 42.30 RCW, provided that there is no deliberation between the members of the council and that no assurances or commitments are made by members of the council. The goal of the consultation process is for the tribe to provide information regarding tribal resources or rights potentially affected by the proposed energy facility , as well as ways to avoid, minimize, or mitigate any adverse effects on tribal resources or rights. The report from the council to the governor required in RCW 80.50.100 must include a summary of the government-to-government consultation process that complies with RCW 42.56.300, including the issues and proposed resolutions. The council's summary shall be provided to the tribe before it is submitted to the governor and the tribe will have 30 days to request any corrections or additional information be included in the summary, or to provide its own summary to be included in the council's report to the governor required in RCW 80.50.100.

  9. The department of archaeology and historic preservation shall coordinate with the affected federally recognized tribes and the applicant in order to assess potential effects to tribal cultural resources, archaeological sites, and sacred sites.

Section 2

If any provision of this chapter conflicts with the provisions of any other statute, the provisions of this chapter shall control: PROVIDED, That this chapter shall not apply to:

  1. The proceedings concerned with the formal issuance of an order granting, suspending, revoking, or denying any license, permit, or certificate to engage in any business, occupation, or profession or to any disciplinary proceedings involving a member of such business, occupation, or profession, or to receive a license for a sports activity or to operate any mechanical device or motor vehicle where a license or registration is necessary; or

  2. That portion of a meeting of a quasi-judicial body which relates to a quasi-judicial matter between named parties as distinguished from a matter having general effect on the public or on a class or group; or

  3. Matters governed by chapter 34.05 RCW, the Administrative Procedure Act; or

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    1. Collective bargaining sessions with employee organizations, including contract negotiations, grievance meetings, and discussions relating to the interpretation or application of a labor agreement; or (b) that portion of a meeting during which the governing body is planning or adopting the strategy or position to be taken by the governing body during the course of any collective bargaining, professional negotiations, or grievance or mediation proceedings, or reviewing the proposals made in the negotiations or proceedings while in progress; or

  5. Government-to-government consultation with a federally recognized tribe under requirements provided in RCW 80.50.060.

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