Interagency Clean Energy Siting Coordinating Council
- Issuer
- Congressional materials
- Document type
- 2024 Cleanenergysitingcouncil Draft Final V2 E58Acef4 Ef2D 4B53 940D B0813B
- Case
- 2024 Cleanenergysitingcouncil Draft Final V2 E58Acef4 Ef2D 4B53 940D B0813B
Summary
A report to the Washington State Legislature from the Interagency Clean Energy Siting Coordinating Council, dated October 1, 2024, prepared under Engrossed Second Substitute House Bill 1216. The Department of Commerce and Department of Ecology co-lead the council of 13 state agencies, councils, offices, departments and commissions. The report states it is the council's first annual legislative report since its establishment by House Bill 1216 in 2023 (Chapter 230, Laws of 2023). Its recommendations include continued funding, designating Clean Energy Preferred Zones, tax policy and Community Benefit Agreement tools, improved consultation with tribes, and pre-application discussions. It reports that as of October 1, 2024, seven HB 1216 activities are completed, nine ongoing and two planned, and closes with an appendix table on the status of those tasks.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Cite this document
“Interagency Clean Energy Siting Coordinating Council.”
Original at app.leg.wa.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2024-cleanenergysitingcouncil-draft-final-v2-e58acef4-ef2d-4b53-940d-b0813b/
, SHA-256 eeb34e1ffb36970edf549eced5a5dedf4d84e46c8bb148d69da012a0d3759cea.Full text
Interagency Clean Energy
Siting Coordinating Council
Clean Energy Project Siting
Engrossed Second Substitute House Bill 1216
October 1, 2024
Report to the Legislature
INTERAGENCY SITING COUNCIL Directors Mike Fong and Laura Watson
v3.5
Acknowledgments For people with disabilities, this report is available
on request in other formats. To submit a request,
please call 7-1-1 and ask to be connected to 360-
Council Co-Leads 725-4000.
Washington State Department of Commerce
1011 Plum St. SE
P.O. Box 42525
Olympia, WA 98504-2525
www.commerce.wa.gov
Washington State Department of Ecology
300 Desmond Dr. SE
Lacey, WA 98503
https://ecology.wa.gov/
Council members:
Department of Archaeology and Historic
Preservation
Department of Natural Resources
Energy Facility Site Evaluation Council
Environmental Justice Council
Governor's Office of Indian Affairs
Governor's Office
Governor's Office for Regulatory Innovation
and Assistance
Utilities and Transportation Commission
Washington Department of Fish and
Wildlife
Washington State Department of
Agriculture
Washington State Department of
Transportation
ADD YOUR REPORT TITLE HERE 2
Contents
Executive summary ....................................................................................................................................... 5
Recommendations .................................................................................................................................................... 5
Introduction .................................................................................................................................................. 6
Legislative mandate .................................................................................................................................................. 6
Overview of HB 1216 activities and accomplishments............................................................................................ 8
Agency clean energy activities and accomplishments ............................................................................................ 8
Low Carbon Energy Project Siting Improvement Report 2022 .................................................................................... 9
Transmission Corridors Work Group 2022 ...................................................................................................................... 9
Siting and Permitting Reform in Washington: A Report to the Washington Department of Commerce.............. 9
Joint agency actions .......................................................................................................................................................... 10
Single agency actions ........................................................................................................................................................ 12
State grants and funding......................................................................................................................................... 15
Federal activities and funding ................................................................................................................................ 16
Opportunities for improving clean energy siting and permitting .................................................................. 18
Council recommendations ......................................................................................................................... 20
Recommendation: Continue funding .............................................................................................................................. 20
Recommendation: Explore conflict resolution tools .................................................................................................... 20
Planning statewide clean energy development..................................................................................................... 21
Recommendation: Designate Clean Energy Preferred Zones .................................................................................... 21
Recommendation: Assess the feasibility of a Build-Ready Clean Energy Program ............................................... 22
Recommendation: Support for local governments on battery energy storage systems ...................................... 23
Recommendation: Support agrivoltaics and dual-use research and development ............................................... 23
Recommendation: Develop a state-wide dashboard for clean energy development ............................................ 25
Recommendation: Integrate clean energy development into local government planning and zoning .............. 25
Make clean energy siting more beneficial for communities ................................................................................ 26
Recommendation: Develop tax policy for clean energy facilities .............................................................................. 26
Recommendation: Develop Community Benefit Agreement tools ............................................................................ 27
Recommendation: Support workforce development ................................................................................................... 27
Tribal engagement and consultation ..................................................................................................................... 28
Recommendation: Improve engagement and consultation with tribes ................................................................... 28
Recommendation: Support tribes in identifying priorities through tribally-led, equitable, proactive and
collaborative process ......................................................................................................................................................... 29
Permitting improvements ....................................................................................................................................... 30
Recommendation: Promote pre-application discussions ........................................................................................... 30
Recommendation: Continue development of mitigation guidance ........................................................................... 31
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 3
Appendix A: Abbreviations ......................................................................................................................... 33
Appendix B: Interagency Clean Energy Siting Coordinating Council members ............................................. 35
Appendix C: State energy, legislative, and policy context ............................................................................ 36
Washington's energy context ................................................................................................................................. 36
State legislative and policy context........................................................................................................................ 39
Appendix D: HB 1216 ................................................................................................................................. 44
Appendix E: Status of tasks identified in HB1216............................................................................................ 68
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 4
Executive summary
This is the Interagency Clean Energy Siting Coordinating Council's (Clean Energy Siting Council or Council) first
annual legislative report since its establishment by House Bill 1216 in 2023 (Chapter 230, Laws of 2023). The
legislation directs the 13-member council of state agencies, councils, offices, departments, and commissions
to improve siting and permitting of clean energy projects in Washington state. The Council additionally
acknowledges the critical need for increased transmission to support the growth of clean energy; it was not
directed as a Council topic and so this report is without a transmission recommendation. The State Energy
Strategy projected electricity needs in Washington would double by 2050 to achieve state greenhouse gas
emissions limits and clean energy requirements. Additional growth of data processing centers and new uses
of electricity in industry will likely increase amounts of electricity required to power the state.
The full legislative mandate requiring this report is available as Appendix D.
Recommendations
• Continue funding
• Explore conflict resolution tools
Plan statewide clean energy development
• Designate Clean Energy Preferred Zones
• Assess the feasibility of a Build-Ready Clean Energy Program
• Support local governments on battery energy storage systems
• Support agrivoltaics and dual-use research and development
• Develop a state-wide dashboard for clean energy development
• Integrate clean energy development into local government planning and zoning
Make clean energy siting more beneficial for communities
• Develop tax policy for clean energy facilities
• Develop Community Benefit Agreement tools
• Support workforce development
Improve tribal engagement and consultation
• Improve engagement and consultation with tribes
• Support tribes in identifying priorities through tribally led, equitable, proactive, and collaborative
process
Improve permitting
• Promote pre-application discussions
• Continue development of mitigation guidance
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 5
Introduction
Legislative mandate
The Washington State Legislature passed HB 1216 (Chapter 230, Laws of 2023) to facilitate more efficient and
effective siting and permitting of clean energy projects. The bill initiated a variety of activities and studies and
established the Interagency Clean Energy Siting Coordinating Council (hereafter Clean Energy Siting Council or
Council). HB 1216 directs the Clean Energy Siting Council to provide an annual report to the governor and the
appropriate committees of the Legislature summarizing:
Progress on efficient, effective, and responsible siting and permitting of clean energy projects; areas of additional
work, including where clean energy project siting and permitting outcomes are not broadly recognized as efficient,
effective, or responsible; resource needs; recommendations for future nonproject environmental impact
statements for categories of clean energy projects; and any needed policy changes to help achieve the
deployment of clean energy necessary to meet the state's statutory greenhouse gas emissions limits, chapter
70A.45 RCW, and the clean energy transformation act requirements, chapter 19.405 RCW, and to support
achieving the state energy strategy adopted by the department of commerce.
This is the Clean Energy Siting Council's first annual report, due October 1, 2024.
Clean Energy Siting Council
The Clean Energy Siting Council members represent 13 state agencies, councils, offices, departments, and
commissions (see Appendix B: Siting Council Members). The Department of Commerce (Commerce) and the
Department of Ecology (Ecology) co-lead the Clean Energy Siting Council. The Council:
• Coordinates interagency information sharing
• Identifies actions to improve siting and permitting of clean energy projects
• Tracks federal government efforts to improve clean energy project siting and permitting
• Conducts outreach to parties interested in clean energy siting and permitting
• Supports independent state agency work to improve clean energy siting and permitting
Clean Energy Siting Council Goals
The Clean Energy Siting Council recommends clean energy siting and permitting improvements based on the
following shared goals:
• Support an equitable clean energy transition
• Improve awareness through early dialogue and consolidated agency updates
• Improve siting and permitting processes
• Improve connecting projects to the electrical grid
• Improve developer knowledge and understanding of state requirements and resources for reduced
conflict siting
• Conduct more preplanning to coordinate agency actions and planning
• Improve consultation and engagement with tribes
• Improve engagement with overburdened communities
• Improve local government coordination
• Promote more effective use of funding options
• Support federal agencies
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 6
• Improve understanding of the benefits of clean energy transition
• Raise visibility of Council efforts
Summary of Washington’s energy, legislative, and policy context
Multiple laws and policies are focused on efforts to improve siting and permitting of clean energy projects to
ensure the state transitions to 100% clean energy as the demand for energy grows. The 2021 State Energy
Strategy 1 projects that achieving the state’s greenhouse gas emissions limits and clean electricity
requirements will require the state to roughly double the amount of electricity used by consumers and
businesses in the state by 2050.2 However, efficiently achieving this outcome requires expanding interstate
transmission lines to carry an additional 38% of electricity from cheaper and more productive out-of-state
sources. If transmission cannot be upgraded and sited in time, or if those out-of-state resources are not
available, a greater share of the additional generation would have to be built in-state, at higher cost and with
additional impacts. This highlights the crucial role of transmission — and transmission planning, siting,
permitting and construction—in the state’s energy landscape. Many states are now coordinating transmission
planning with resource planning to ensure adequate and integrated electricity generation and transmission
capacity.3
Climate change is also influencing energy supply and demand as extreme weather events become more
severe. Recent examples include the January 2024 cold snap and the 2021 heat dome. In both cases, energy
demand peaked beyond expectation, requiring significant and costly power purchases as well as increased
greenhouse gas emissions due to higher levels of electricity produced via natural gas. If these climate patterns
continue, Washington's energy demand forecast will likely increase. Recent droughts are also causing re-
evaluation of hydroelectric reliability, as low river flows are constraining electricity production in some areas. 4
Risk of wildfires is leading to concerns of power shutoffs, especially during high-demand summer months.
Emerging technologies in Washington have the potential to address many supply concerns, but require siting
and permitting consideration as well as changes in utility practices in managing the grid. There are a number
of additional topics that influence Washington’s energy context, including energy development in other states,
transmission upgrades, energy markets, and the Six Sovereigns agreement. 5 However, Washington must be
cautious about depending on future clean energy development in other states, especially as the topic has
become increasingly contentious in some areas. In addition, transmitting out-of-state electricity to Washington
will require additional in-state and interstate transmission capacity. Options include upgrading or expanding
existing transmission lines, grid-enhancing technology improvements, and building new transmission lines. All
will likely be required. Currently, western states and energy distributers are exploring a wholesale energy
trading market intended to balance supply and demand across the energy grid at lower cost and increase
reliability. However, transmission upgrades will be required to take advantage of most market benefits.
For an in-depth look at Washington’s energy, legislative, and policy context, please see Appendix C.
1 2021 State Energy Strategy
2 WA SES EER DDP Modeling Final Report Page 29
3 See, for example, Taking the Long View: The ISO’s Collaborative Approach to Transmission Planning & Coordination
4 Drought Impacts on Hydroelectric Power Generation in the Western United States. Turner, et. al. Pacific Northwest National
Laboratory. 2022.
5 FACT SHEET: Biden-Harris Administration Announces 10-Year Partnership with Tribes and States to Restore Wild Salmon, Expand
Clean Energy Production, Increase Resilience, and Provide Energy Stability in the Columbia River Basin
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 7
Improvements in clean energy siting and permitting
Overview of HB 1216 activities and accomplishments
HB 1216 establishes specific activities to advance more efficient and effective siting and permitting of clean
energy facilities. These activities include developing programs and a new permit pathway, conducting
environmental reviews and studies, and formation of the Council. As of October 1, 2024, seven of these
activities are completed, nine are ongoing, and two are planned. All activities are on schedule to be completed.
Additional detail on these items is in the section below and in Appendix C.
Completed activities (as of October 1, 2024):
• Establish an interagency clean energy siting coordinating council
• Procure and submit independent evaluation of state agency siting and permitting processes for clean
energy projects
• Design Clean Energy Coordinated Permitting Process (Chapter 43.158 RCW)
• Explore and report potential ideas for consolidated clean energy applications
• Explore and report potential ideas for consolidated clean energy permits
• Implement new clean energy coordinated permit process
• Update SEPA Rule to require environmental impact statement prepared within 24 months
Ongoing activities (as of October 1, 2024):
• Provide Council’s annual report
• Identify actions to improve siting and permitting of clean energy projects
• Track federal efforts to improve clean energy project siting and permitting
• Update statewide predictive archaeological model
• Develop non-project environmental impact statements for:
o Utility-scale solar energy projects
o Utility-scale onshore wind energy projects
o Green electrolytic or renewable hydrogen projects
• Develop clean energy projects of statewide significance application
• Conduct pumped storage siting study
• Develop rural clean energy study
• Create and update a list of contacts for federally recognized Indian tribes
Planned activities (as of October 1, 2024):
• Develop and provide clean energy project developers with a training on consultation and engagement
processes for federally recognized Indian tribes
• Develop recommendations to the Legislature and governor on potential areas to designate as clean
energy preferred zones for the clean energy project technology analyzed in nonproject reviews (Sec.
302 (7)). This activity is dependent on completion of nonproject Environmental Impact Statements,
which are scheduled for completion June 30, 2025.
Agency clean energy activities and accomplishments
Though HB 1216 directs the Council agencies’ work, the Council also used findings from three reports to
inform and frame discussions, mainly the Low Carbon Energy Project Siting Improvement Study, the
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 8
Transmission Corridors Work Group (TCWG), and an independent evaluation by Beveridge and Diamond. 6 The
reports, along with the agency activities listed below, were foundational to the Council recommendations.
Low Carbon Energy Project Siting Improvement Report 2022
In 2022, at the direction of the Legislature, the departments of Ecology and Commerce convened stakeholders
and consulted with tribes to produce the Low Carbon Energy Project Siting Improvement Report (2022) about
improving siting, environmental review, and permitting processes for low-carbon energy projects in
Washington. The purpose of the report was to develop recommendations for potential improvements to the
permitting processes for utility-scale projects and facilities in Washington. These processes would contribute
to achieving greenhouse gas emissions limits established under RCW 70A.45.020, 7 while maintaining
standards for the protection of the environment and the preservation of tribal consultation and treaty rights. 8
The Low Carbon Energy Project Siting Improvement Report proposed 73 recommendations to address the
identified concerns. Many of the recommendations were implemented in HB 1216 or in other legislation or are
proposed later in this report.
Transmission Corridors Work Group 2022
Under the Clean Energy Transformation Act (CETA) (Chapter 288, Laws of 2019), the Legislature directed the
Energy Facility Site Evaluation Council (EFSEC) to convene a Transmission Corridors Work Group (TCWG) to
review the need for new or upgraded transmission to meet Washington’s renewable energy goals; identify
where transmission and distribution facilities may need to be enhanced or constructed; and identify
environmental review options and recommend ways to expedite review of transmission projects without
compromising required environmental and cultural protection. The TCWG issued its final report 9 in October
2022. It identified several key themes, including strengthening regional and interregional planning; increasing
staff resources in state agencies; enhancing resources for tribes; and promoting pre-application planning and
coordination.
Siting and Permitting Reform in Washington: A Report to the
Washington Department of Commerce 10
HB 1216 directed Commerce to contract with an external party to carry out an independent evaluation of state
agency siting and permitting processes for clean energy projects. The evaluation identified models used in
other states and developed recommendations for improving Washington’s processes to achieve more efficient
and effective siting of clean energy projects. The authors conclude that Washington’s permitting process
requires significant reform and propose recommendations addressing funding and staffing, permitting
oversight and information, SEPA, EFSEC, local government, and planning and development of generation and
transmission facilities.
6 Siting and permitting reform in Washington
7 RCW 70A.45.020: Greenhouse gas emissions reductions—Reporting requirements. (wa.gov)
8 Chapter 43.21A.738 RCW Dispositions: DEPARTMENT OF ECOLOGY (wa.gov)
9 Transmission Corridors Work Group Final Report
10 Under RCW 43.394.020(3)(a) by Beveridge & Diamond, PC, 2024.
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 9
Joint agency actions
Supporting emerging technologies:
• Support implementation of dairy anaerobic digesters for electricity and renewable natural gas (RNG)
generation to align with renewable fuel demand and state GHG reduction targets and strategies,
including EV charging stations, informed by climate-smart agricultural policy specialists at Washington
State Department of Agriculture (WSDA) and interagency workgroup between WSDA, Washington State
Conservation Commission (WSCC), Ecology, and Washington State University (WSU) on state funding
for digesters under the Climate Commitment Act (CCA).
• Support the conversion of fossil fuel-dependent agricultural equipment, including pumps and tractors,
to electric modalities through addressing grid interconnection restrictions in rural areas. Funding for
such equipment is supported by WSCC Sustainable Farms and Fields (SFF) program and is an
underutilized strategy towards decarbonization. WSCC SFF program that administers funding for such
electric farm equipment convenes a workgroup including WSDA, WSU, Ecology, and Natural Resources
Conservation Service.
• Started the Geothermal Energy Collaborative Process (SB 6039; Chapter 350, Laws of 2024) involving
Ecology, DNR, and Commerce. The collaborative process will begin in November 2024.
• Coordinated battery technology and Battery Energy Storage Systems (BESS) between Commerce,
Ecology, Washington State Patrol and the State Fire Marshall; then met as an Electric Vehicle Battery
work group to discuss issues.
• Regularly meet to participate in a nuclear fusion energy work group (HB 1924; Chapter 346, Laws of
2024) led by EFSEC and Washington Department of Health, and including Ecology, Commerce,
Washington State Military Department, and Department of Labor & Industries. An initial report to the
legislature is due December 2024.
• Executed funding for dual use solar, which included Commerce and Washington Department of Fish
and Wildlife (WDFW), and incentivizes agrivoltaic pilot projects. Commerce received $10.6 million in the
operating budget to support dual use solar projects. WDFW is talking with Kittitas County and irrigation
districts; Yakama Nation has a pilot project with panels over irrigation canals.
• WSDA received $200,000 of the state taxable building construction account, in consultation with DNR,
to perform an assessment of unused and underutilized state-owned, unimproved lands to determine
the suitability of such lands for agricultural purposes, including grazing. In addition, if funds are
available in January 2025, WSDA will receive $100,000 of the climate commitment account to
incorporate into the assessment an examination of the use of such lands for agrivoltaics. For the
purposes of this section, "agrivoltaics" means the use of land that intentionally integrates agriculture
and solar photovoltaic energy generation.
Supporting clean energy workforce development with several Workforce Development for the Clean Energy
Economy activities
• HB 1176 (Chapter 231, Laws of 2023). This law directs the Washington State Workforce Training and
Education Coordinating Board to establish a Clean Energy Technology Workforce Advisory Committee
to evaluate clean energy technology workforce needs and make recommendations to the governor and
Legislature. It also creates a Washington Climate Corps Network to support climate-related service
opportunities and train young adults and veterans to participate in the clean energy economy.
• Electrical Transmission Workforce Proviso, 2024 (SB 5950; Chapter 376, Laws of 2024). This legislative
proviso directs Commerce to convene an electrical transmission workforce needs work group to
provide advice, develop strategies, and make recommendations to the Legislature, state and local
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 10
agencies, and utilities on efforts to support the needs of Washington's electrical transmission industry
workforce. It also requires Commerce to conduct a study of the employment and workforce education
needs of the electrical transmission industry, focusing on line workers, line clearance tree trimmers,
and substation technicians. The final report is due November 1, 2025.
• SB 5269 (Chapter 322, Laws of 2023): Washington Clean Manufacturing Leadership Act. This law
directs Commerce to perform an independent assessment of opportunities to attract clean energy
industries and directs Commerce to develop a proactive state industrial strategy by June 2025 to
capture those industries.
• NetZero Northwest Workforce Analysis (2024). The workforce analysis described above is part of a
four-state Pacific Northwest analysis. The workforce analysis is one component of an economy-wide
deep decarbonization pathways analysis designed to help the states achieve net-zero emissions by
2050.
Developing training and guidance:
• Developed detailed guidelines for agencies and local governments to engage overburdened
communities as part of planning processes in equitable and accessible ways.
• This included the Environmental Justice Council’s work to implement HEAL Act, provided related grants
in the 2023 budget, and considered how the state could assist tribes to develop clean energy projects.
• Built on existing tribal consultation and tribal treaty rights training by offering a variety of trainings to
developers, state agencies and local governments; Governor's Office of Indian Affairs is developing
training for developers with support from Department of Archeology and Historic Preservation (DAHP),
Commerce, and EFSEC.
• Supported conducting archaeological surveys on public lands in concert with DAHP, DNR, WDFW and
WSDOT; started an agreement with Central Washington University to continue these surveys.
• Developed guidance to support clean energy development for brownfields/developed lands using
information from the 2022 Low-Carbon Energy Siting Report Recommendations and including Ecology,
Commerce, WDFW, WSDOT, and the Environmental Protection Agency; started interagency discussions
on developing guidance and tools.
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 11
Single agency actions
Commerce actions
Green Electrolytic Hydrogen
• Green Electrolytic Hydrogen Report: At the direction of the Legislature (SB 5910; Chapter 292, Laws of
2022), Commerce produced the report Green Electrolytic Hydrogen and Renewable Fuels:
Recommendations for Deployment (January 2024). 11 The report found that Washington will have
strong demand for green electrolytic hydrogen and renewable fuels as part of a net zero economy, and
the state will need to rapidly scale up production of green hydrogen through electrolysis. The report
also found that hydrogen and renewable fuels production must be developed in coordination with
expanded renewable electricity capacity, and siting and permitting processes for green hydrogen will
pose challenges.
• $1 billion federal award for Pacific Northwest Hydrogen Hub: In October 2023, the U.S. Department of
Energy (DOE) selected the Pacific Northwest Hydrogen Association’s $1 billion Hydrogen Hub proposal
for award negotiations. The award is intended to accelerate the commercial-scale deployment of clean
hydrogen and is expected to leverage more than $8 billion in public and private investments in
Washington, Oregon and Montana. Commerce helped to establish the association and serves on its
board. Phase I of the award from DOE was finalized in July 2024.
Ecology actions
Developed three programmatic environmental impact statements (PEISs)
• Green electrolytic or renewable hydrogen facilities
• Utility-scale solar energy facilities
• Utility-scale onshore wind energy facilities
The draft solar and onshore wind PEISs were released for public review on September 25, 2024, and the green
hydrogen PEIS is planned for release in late 2024. All three PEISs are on track for completion by the legislative
deadline of June 30, 2025.
These studies will identify the potential significant impacts for these types of facilities and propose mitigation
to avoid and minimize impacts. Clean energy developers and local governments will be able to use these
reports to reduce the overall timeline for project-level environmental reviews. These PEISs will also be
considered by the Clean Energy Siting Council in developing Clean Energy Preferred Zones (see the first
recommendation under Planning Statewide Clean Energy Development).
Explored consolidation of clean energy permits and applications
A legislative report exploring options for consolidating clean energy permit applications and permits was
submitted by October 1, 2024. This report identifies seven initial ideas for consolidation, which could be done
together or independently. Ecology led work on this report with input from other state, local and federal
permitting agencies, and tribes. Additional work will be needed for these ideas with engagement from industry,
local and state governments, tribes, communities, and interested parties.
11 Green Electrolytic Hydrogen and Renewable Fuels: Recommendations For Deployment. Washington State Department of Commerce,
January 5, 2024.
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 12
Implemented Clean Energy Coordinated Permitting Process (CPP)
Developed and implemented a new clean energy permit process as directed in chapter 43.158 RCW. The CPP
provides clean energy developers a third permitting pathway in addition to the EFSEC and local-government led
permitting processes. In the CPP, Ecology coordinates state and local environmental review and permitting
processes for a clean energy project, and is a single point of contact for developers, agencies and interested
parties. Ecology would be the lead for tribal consultation and verify that overburdened communities were
engaged in the state and local processes. For each project, Ecology will develop a permitting work plan from
start to finish, and a cost reimbursement process with a developer for work done by participating agencies.
SEPA Clean Energy EIS requirement
Requires SEPA EISs for clean energy projects be completed within 24 months of threshold determination,
unless an extension is agreed upon. No further rulemaking was required for this action.
Quarterly tribal clean energy forums
Ecology is holding quarterly tribal clean energy forums to provide information, answer questions, and receive
feedback.
Clean energy project assistance
Multiple clean energy developers have reached out to agency experts to learn about permit processes and
discuss projects during the pre-application phase. Ecology programs are currently involved in environmental
reviews and permitting processes for several projects, including for sustainable aviation fuel facilities, green
hydrogen, green fertilizer, solar energy, and battery energy storage systems.
Clean Fuel Standard (CFS) guidance
CFS has a statutory requirement that the revenue generated for electric utilities from residential EV charging in
their service territory must be invested back into transportation electrification in that territory. CFS credits to
utilities could be millions of dollars each year and they have released guidance on how the utilities must invest
those moneys.
Energy Facility Site Evaluation Council Actions
Establish EFSEC as an independent agency
Since becoming its own agency (E2SHB 1812; Chapter 183, Laws of 2022), EFSEC has sent three projects to
the Governor’s Office for approval; received and began working on three new applications for solar projects –
one for a stand-alone battery energy storage facility, and a pre-application for a transmission line project, and
continued to work toward certification of two other solar projects. All the solar applications currently before
EFSEC are using the streamlined Solar Application, developed previously as a pilot project.
Develop a template for an interagency agreement to commission a Traditional Cultural Property (TCP) study
from a tribe
The first interagency agreement for a TCP study was signed with the Yakama Nation in December 2023; it will
be financed with CCA funds. EFSEC has already used the template to prepare two more interagency
agreements, which are currently awaiting signature.
Prepare a non-project environmental impact statement for high-voltage electrical transmission facilities
(those with a nominal voltage of 230kV or greater)
As directed by SSB 5165 (Chapter 229, Laws of 2023), EFSEC engaged a contractor in June 2024 to develop a
PEIS for high-voltage electrical transmission facilities. Building on the work that Ecology has already
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 13
completed with the other related PEISs, EFSEC expects the preliminary draft of the PEIS to be ready by the end
of 2024.
Department of Archeological and Historic Preservation actions
Updated archaeological predictive model
Conducted archaeological surveys on DNR land, in consultation with the affected tribes, to identify areas of
least conflict for cultural resources
Department of Natural Resources Actions
On-demand clean energy parcel screening tool
In early 2023, DNR launched its Clean Energy Parcel Screening GIS-based tool to provide interested parties
(such as clean energy developers) an on-demand tool showing select DNR land parcels that could serve as a
starting point for continued conversations around potentially siting clean energy infrastructure (such as utility-
scale onshore wind, solar) on public lands. After receiving additional stakeholder feedback following go-live, in
early 2024 DNR removed select parcels from the screening tool based on tribal consultation and revised tool
communication to reflect an evolving, more complicated Washington clean energy siting landscape.
Clean Energy land-access program realignment
In mid-2023, DNR transitioned responsibility for negotiating and developing land-access contracts (that is,
land-use licenses, leases) for purposes of clean energy development on public lands from DNR’s regions to
division-level. The current Clean Energy Program, aligned with DNR’s Product Sales and Leasing Division
(PSLD), can now make more holistic determinations of whether to pursue potential clean energy development,
based on department-wide priorities and comprehensive stakeholder feedback.
Commissioner’s Order on Project Labor Agreements and Apprenticeship Utilization
The Commissioner of Public Lands’ (CPL) Order 202303, signed August 2, 2023, requires project labor
agreements (PLAs) for new clean energy projects sited on DNR stewarded lands. “New” clean energy projects
refer to inquiries the DNR receives for consideration following the signing of CPL Order 202303 (August 2023
or later) that ultimately yield clean energy leases.
Environmental Justice Council actions
Advocate and support tribal sovereignty and self determination
Adopted a statement uplifting Tribal Sovereignty; Self Determination; and Free, Prior, and Informed Consent.
Governor’s Office actions
Washington-specific consultation and public engagement process to guide the planning and evaluation of
potential offshore wind development
In preparation for any potential future Bureau of Ocean Energy Management (BOEM) activity, the Governor’s
Office hired the consulting firm Gridworks to conduct a study with recommendations to the state. The
consultant engaged with and incorporated feedback from tribes and coastal communities. The third-party
report has recommendations on a Washington-specific consultation and public engagement process to guide
the planning and evaluation of potential offshore wind development off Washington’s coast. There are no
active offshore wind projects at the time of this report, but two companies have submitted unsolicited lease
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 14
requests to the BOEM for areas in federal waters. BOEM has not yet taken action in response to those
requests.
Governor’s Office of Indian Affairs actions
Determined which tribal technical staff to contact for early project planning
Identified tribal technical staff as points of contact, and tribal preferences for being contacted about clean
energy projects.
Washington Department of Fish and Wildlife actions
Developing guidelines to address wildlife and habitat concerns in solar and wind siting
New solar power guidelines and updated wind power guidelines will be available in late 2024.
Washington State Department of Agriculture actions
Worked with partner agencies to understand where WDSA can most support implementation of HB 1216
WDSA is currently determining which agency technical staff are the key points of contact concerning clean
energy projects. WSDA’s Equity Policy Advisor and the HEAL Team are involved in recommended engagement
and support. WSDA is also preparing to utilize CCA funding in winter 2025, if available, to assess the use of
agricultural lands for agrivoltaics as directed by the Legislature. For the purposes of study, "agrivoltaics"
means the use of land that intentionally integrates agriculture and solar photovoltaic energy generation. Lastly,
WSDA continues to support industry and partner agencies in the installation and application of anaerobic
digesters at dairies across the state.
Washington State Department of Transportation actions
Complete legislative directives in HB 2124, including a final report to the Legislature by January 15, 2025
• Review applicable policies related to siting of clean energy facilities on WSDOT-owned rights of way.
• Consider opportunities to improve processes and allow for increased accommodation of clean energy
infrastructure.
Utilities and Transportation Commission actions
Review of Investor-Owned Utility’s regional generation and transmission planning
The Utilities and Transportation Commission requires regulated utilities to develop Integrated Resource Plans
(IRPs), which must include assessments of the availability of regional generation and transmission capacity on
which the utility may rely to provide and deliver electricity to its customers.
Coordination with Commerce and Ecology on energy market development
State grants and funding
CCA tribal consultation grants
Ecology has awarded $16 million to tribes for the 2023-25 biennium. An additional $5 million will be disbursed
Jan. 1, 2025, contingent on funding availability. Grants for tribal consultation provide support for federally
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 15
recognized tribes with lands and territories within Washington to engage in a range of climate-related
activities. These include:
• Developing tribal clean energy projects
• Consulting on CCA funding decisions
• Engaging in clean energy siting processes
• Applying for state or federal grant funding
• Activities supporting climate resilience and adaptation
Clean Energy Grant Programs
In 2023, the Legislature allocated $10 million for a grant program for Commerce to support improvements and
efficiencies in siting and permitting clean energy projects at the local level. Eligible recipients include tribes,
local governments, community groups and others. The grants provide funds for planning, pre-development
work, land-use studies, improved permit timeliness, and other related activities. To date, more than 240
applications were received.
Clean Energy Fund (CEF)
This grant program was established by Commerce in 2013 and funds the development, demonstration and
deployment of clean energy technology. The program includes $4.7 million for Rural Clean Energy Innovation
grants that support dairy digester bioenergy projects and other technologies. In 2024, the Rural Clean Energy
Innovation grants were more than $1.8 million oversubscribed.
Yakama Power solar over canal project
In 2023, Yakama Power received a $20 million direct appropriation to support a 200 MW solar over canal
project from Commerce. In 2024, this project was selected to receive up to $32 million through a federal award
from the U.S. DOE. Yakama Power also received a competitive grant of $2.75 million through the Tribal Clean
Energy grant program for dual-use solar to support pre-development and federal permitting work on this
project.
Federal activities and funding
HB 1216 (Chapter 230, Laws of 2023) directs the Clean Energy Siting Council to track federal government
efforts to improve clean energy project siting and permitting, including potential federal funding sources, and
to identify state agency actions to improve coordination across state, local, and federal processes or to pursue
supportive funding.
The Governor’s Office funded and published a federal funding roadmap report: Washington Federal Funding
Roadmap Project, Phase 1 Report. 12 The Siting Council identified the following federal efforts that are
responsive to clean energy siting and permitting:
• Renewable Energy Siting through Technical Engagement and Planning (R-STEP): This U.S. DOE
program expands the decision-making capacity and expertise of state and local governments around
large-scale renewable energy planning, siting, and permitting. In 2024, ATNI, Commerce, The Nature
Conservancy, and Audubon Washington submitted a proposal under this program.
12 Washington Federal Funding Roadmap Project (2023)
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 16
• Transmission Siting and Economic Development program
• Energy Future Grants | Department of Energy
• Bipartisan Infrastructure Law Section 40101(d): Formula Grants to States and Indian Tribes for
Preventing Outages and Enhancing the Resilience of the Electric Grid (Grid Resilience Grants)
• EPA Re-Powering America: Provides funding, incentives, and technical assistance
• FERC Order 1920, related to long term transmission planning and use of grid-enhancing
technologies
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 17
Opportunities for improving clean energy siting and
permitting
HB 1216 directs the Clean Energy Siting Council's annual report to:
• Summarize areas of additional work, including where clean energy project siting and permitting
outcomes are not broadly recognized as efficient, effective, or responsible
• Identify any needed policy changes to help achieve necessary clean energy deployment to meet the
state's statutory greenhouse gas emissions limits (Chapter 70A.45 RCW) and the clean energy
transformation act requirements (Chapter 19.405 RCW)
• Support achieving the State Energy Strategy (SES), adopted by Commerce
To these ends, the Council’s discussions were informed by several reports and studies, especially the Low
Carbon Energy Project Siting Improvement Report 2022, featuring multiple tribal forums and public meetings.
A recently completed independent evaluation, Siting and Permitting Reform in Washington (PDF), required by
HB 1216 about the state’s siting and permitting challenges, successful models used in other states, and
potential solutions was also considered. And third, input from interested parties about this report’s specific,
potential recommendations.
Risks to furthering improvement
The most common clean energy siting and permitting challenges the Council discussed reflect the multiple
reports and concerns from interested parties that participating agencies often lack the resources needed to be
effective in the siting, environmental review and permitting processes. This is a primary driver for the Council’s
recommendation to generally increase and continue the funding associated with clean energy work for tribes
and agencies – both play a part in improving the communications and information sharing needed for efficient
processes. The Council noted that state and local agencies, as well as tribes, often lack funding for expert staff
to join project pre-application discussions early, and these early project meetings contribute to better siting
and permitting outcomes for all parties.
Notably, the Low Carbon Energy Project Siting Improvement Report from 2022 summarizes the following tribal
concerns:
• Insufficient consultation, engagement, and information sharing with tribes.
Tribes express concerns about engagement and information sharing, lack of adequate time for tribal
review, late notification and communication about potential projects, and a box-checking approach to
government-to-government consultation during siting, environmental review and permitting processes.
Many tribes note that agencies leading federal, state, and local environmental reviews and making permit
decisions do not adequately use government-to-government consultation or engage tribes during these
processes. As a result, tribal interests can be seen as a barrier to low-carbon energy projects because
agencies insufficiently consider tribal treaty, natural and cultural resource impacts, even though tribes may
support the state’s clean energy and climate goals.
• Insufficient tribal staff and expertise.
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 18
Most tribes say they have insufficient tribal staff capacity to participate in consultation and engagement
for planning and project review. The number of projects tribes are asked to review is increasing, but
corresponding staff availability has not increased.
Further, the Council’s recommended improvements align with the stated needs of participating agencies,
clean energy proponents, and communities to better understand one another’s concerns related to siting,
environmental review and permitting of clean energy projects. As evidenced by highlighting the following
siting and permitting process challenges, the Council’s recommendations detail upfront planning activities
to maintain greater process consistency, transparency, and information sharing to avoid and reduce project
impacts. Additional concerns from the low carbon study that reflect the sentiments of other evaluations:
• Siting and permitting of utility-scale clean energy facilities can be inefficient and time consuming.
Some say the time and cost needed to permit clean energy projects in Washington prevents projects from
being built. Some developers say permitting takes longer in Washington than in other states and the
processes vary too much between the local, state, and federal agencies. Developers raise concerns about
the lack of predictability regarding process steps and timelines for project permitting. Some people
express concern that overlapping federal, state, and local review and permitting processes can result in
duplication of effort or inconsistent outcomes. Conversely, others say that a lack of information from
developers about a project’s technology, construction, or operations delay environmental review and
permitting. The processes will work better if developers provide more comprehensive and accurate
information early in the process and engage more proactively with agencies, tribes, and communities.
When comprehensive information is provided, permitting paths are clarified.
• Lack of information related to utility-scale clean energy projects.
Work is needed to make siting, environmental review, and permitting processes more transparent,
equitable and accessible. Adequate information about a project reveals potential issues, critical for
developing a clean energy project that avoids or reduces potential impacts. In addition, when information
about multiple projects in each area of the state is unavailable, it is hard to determine cumulative impacts
as well as impacts to overburdened communities. And there is currently no standard method to share
project design changes or changes related to project impacts; even correct contact information and a
method for early engagement with agencies, tribes and communities is missing from siting, environmental
review and permitting processes.
• Uncertainties over utility-scale clean energy project impacts and benefits.
Impacts from a utility-scale clean energy project may not be adequately analyzed due to missing baseline
information, inadequate scientific understanding, lack of guidelines or inconsistent assessment methods.
There is a lack of consolidated data sources for environmental review and permitting processes, which can
result in inconsistent or inadequate analysis. Some information about clean energy projects may be
sensitive and not shared publicly by developers; this lack of information is an issue for tribes and
communities to adequately understand impacts to their resources. Local communities may perceive
impacts outweighing the benefits from clean energy projects. Concerns arise about the lack of local
benefits from clean energy projects, such as job creation, economic development, consistency of tax
revenue streams and resulting impacts on local taxpayers. Best practices for engaging overburdened
communities and considering environmental justice and equity issues are not well developed, understood
or consistently applied. This limits a full understanding of community-level impacts and benefits.
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 19
• Emerging technologies.
Lack of information about impacts is particularly acute for emerging technologies where agencies, tribes,
and stakeholders may not have the technical expertise to adequately conduct and review impact
assessments. In addition, local governments and state agencies may not have the expertise they need to
review proposals involving new clean energy technology or unique operations and may require technical
assistance to determine impacts.
• Understanding of wildlife and habitat concerns.
Some geographic areas might have the highest potential for energy generation and could also be habitats
for endangered and threatened species. These areas may also include tribal resources and interests.
Developers initially may not be aware of the concerns for these areas and potential for impacts when siting
and designing projects.
While the Council’s work focused on improving siting and permitting, some Council members are involved
in transmission related conversations.
• Transmission availability and transmission corridors.
Developers, agencies, and organizations raise concerns that transmission is not sufficiently available for
clean energy projects. There is ongoing regional transmission work being done with agencies, utilities, and
the Bonneville Power Administration to identify issues and conduct regional planning. EFSEC is in the
process of developing a programmatic EIS for transmission siting. The Clean Energy Siting Council is
coordinating with agencies working on these issues and recommendations will be developed through
those processes.
Council recommendations
Recommendation: Continue funding
As stated earlier, Council members concur with findings from other studies and reports that adequate funding
is needed for agencies, tribes, local governments, and communities to conduct effective planning, siting,
environmental review, and permitting for the clean energy transition. The Clean Energy Siting Council intends
this recommendation to support funding for these groups for ongoing clean energy efforts and the
implementation of the recommendations in this document (also see “Tribal engagement and consultation
recommendation” below).
Recommendation: Explore conflict resolution tools
Explore development of conflict resolution tools and processes, such as mediation, for use by state agencies,
local governments, clean energy project developers, communities, and tribes. Early efforts at conflict
resolution could help to reduce costly delays from extended litigation, and to increase community support and
benefits from clean energy projects.
• Engage the impacted parties in developing conflict resolution tools and processes, to increase the
chance of success.
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 20
• Conflict resolution tools and processes may vary based on the impacted parties and on the pathways
for siting and permitting projects including EFSEC, Ecology’s coordinated permit process, and local
government-led processes.
• Such tools and processes should be considered in the context of other recommendations in this report
and integrated with other siting improvement strategies to deliver the greatest benefit for community
goals and successful clean energy project development.
Plan statewide clean energy development
These recommendations support planning for clean energy development using a variety of methods. Effective
siting and design are the best ways to avoid negative impacts. Thoughtful planning requires robust
engagement to identify issues, concerns, and potential benefits early.
Recommendation: Designate Clean Energy Preferred Zones
Establish a group to identify and designate Clean Energy Preferred Zones (CEPZs) to encourage clean energy
development in appropriate areas. The process should include early engagement with tribes and communities,
consideration of cumulative impacts, and development of incentives and benefits for zones.
Implementation
The Clean Energy Siting Council recommends creating a work group, advisory committee, or coordinated effort
to consider the results of the PEISs in the development of CEPZs. This group would include interested parties
such as agencies, developers, tribes, utilities, and communities potentially affected by the CEPZs.
The group would identify and use studies and available information to identify areas where CEPZs might be
created in a transparent and public process. The group would build on WSU’s Least Conflict Solar Siting
Study, 13 where groups identified areas of high and low value. Other studies for use include WDFW’s Shrub
Steppe Restoration and Resiliency Initiative, 14 which identifies high-quality core habitat and lesser-quality
habitat, as well as PEISs for utility-scale solar and onshore wind energy and green hydrogen facilities (on track
to be completed by June 30, 2025 15) and EFSEC’s PEIS for transmission facilities over 230 kilovolts. 16 These
studies identify potential significant impacts for types of clean energy technologies and mitigation measures.
Chapter 43.21C.535 RCW requires the Council to use the PEISs and make recommendations on potential areas
to designate; 17 potentially affected communities and tribes would be engaged early to identify issues and
concerns and participate in the process, too. This process would include a detailed study of cumulative
impacts and development of agreed-upon mitigation, using methods such as Community or Tribal Benefit
Agreements.
The designation of CEPZs would not limit development in other areas; it would incentivize development in
preferred zones. Project-level environmental review and permits would use the information in existing PEISs to
identify potential impacts and develop mitigation plans as needed. Large scale planning, such as planned
actions under SEPA, could be done for CEPZs and thereby reduce environmental review timelines. Areas
already developed or disturbed could be prioritized for clean energy projects. Incentives for projects proposed
13 Least-Conflict Solar Siting
14 Washington Shrubsteppe Restoration and Resiliency Initiative
15 Statewide Programmatic EIS
16 EFSEC Programmatic EIS
17 RCW 43.21C.535
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 21
in CEPZs could include priority contracting protocols, tax benefits, expedited project permitting, and
community benefit planning support.
Resources and tools
Tools for screening sites include Washington’s Environmental Health Disparities Map, WDFW’s shrub steppe
restoration and resiliency maps, site hazard assessments and rankings process (SHARP) tool used for
brownfields, WSU Least Conflict Solar Siting study, Commerce’s Rural Energy Study, and WSDOT’s exploration
of alternative uses of state highway ROWs (HB 2134).
Examples
• BLM created solar energy zones and variance areas and Klickitat County developed Energy Overlay Zones
in 2005. The county conducted planning and developed zones which identify areas suitable for gas, wind,
and solar energy development.
Recommendation: Assess the feasibility of a Build-Ready Clean Energy
Program
Conduct a feasibility study for a Build-Ready Clean Energy Program (BRCEP). The BRCEP would identify
underutilized locations that could be appropriate for clean energy projects and pre-permit these sites. Early
engagement with communities and tribes would identify concerns, and after the sites are pre-permitted they
can be auctioned to developers. If the BRCEP is determined to be feasible, develop a program design proposal.
Implementation
The Clean Energy Siting Council recommends conducting a feasibility study for a BRCEP with input from a
work group or advisory committee of interested parties such as agencies, developers, tribes, utilities, and
communities. If the program is determined to be feasible, Clean Energy Siting Council recommends developing
a program design proposal for consideration by the Legislature.
The BRCEP concept draws from a New York State Build Ready Program 18 that seeks to make difficult and
underutilized sites attractive for large-scale clean energy projects. To prevent competition with the private
sector, the program focuses on previously disturbed sites that the private sector is unlikely to develop because
of risk or cost. The program works with communities and the private sector to identify these sites through a
nomination process, evaluates the sites for viability, manages the permitting, design and interconnection
process, and engages with the host community to craft a customized benefits package. The program then
auctions the site to private clean energy developers for construction and operation, with the goal of recouping
costs. The program is intended to expand the potential locations for clean energy development, reduce risks
and time for project developers, and ensure that the interests and concerns of tribes and communities are
addressed. Potentially affected communities and tribes would be engaged early to identify issues and
concerns, help select sites, and participate in the process. The program could develop a community benefits
package, Community Benefits Agreement and/or Tribal Benefits Agreement as part of the process. The Build
Ready idea could be incorporated into the CEPZ concept above. It would not limit development in other areas;
it would incentivize development in pre-selected locations.
18 New York State Build-Ready Program
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 22
Recommendation: Support local governments on battery energy
storage systems
Establish a statewide stakeholder working group to collect information and tools for cities and counties to use
in their zoning and policy development for battery energy storage system (BESS) facilities.
Implementation
Battery energy storage is an emerging technology and multiple utility-scale projects are being proposed in
Washington. BESS facilities provide energy storage for the electrical grid and for stand-alone building or
industrial operations including back up power. BESS facilities also vary in terms of technologies employed and
land use considerations. Communities have raised concerns about zoning and planning for emergency
response for these facilities. Local governments are challenged to develop local regulations or best practices
needed to meet the increasing interest in energy projects that combine electric generation with emerging
storage technologies.
The Clean Energy Siting Council recommends establishing a work group to identify best-practice local policy
language and develop other tools at the state-wide level to support local governments. This group would
include BESS experts, local planners, BESS developers, and other relevant stakeholders with expertise on the
topic. The workgroup would address the range of issues and concerns related to battery energy storage,
including safety, emergency response, zoning, siting, and permitting, and would develop a menu of options or
templates for policies and regulations related to BESS facilities. This approach would provide tools for local
jurisdictions to tailor to their needs.
Resources and tools
Commerce’s Office of Energy Resilience & Emergency Management leads a workgroup addressing public
safety and emergency response for energy facilities. This group is currently focused on electric vehicle battery
safety and response as directed by SB 5812 (Chapter 189, Laws of 2024). Following submittal of its report
(due January 1, 2025) this group intends to resume its work addressing safety and emergency response
concerns and policies of BESS and other emerging technologies. Results generated from this group will inform
the proposed BESS Siting Workgroup. This work could also include additional support for Commerce’s
Washington Energy Infrastructure Assessment Tool. This GIS decision-making tool is used for local
government and special districts’ security, safety, and emergency preparedness operations. In addition,
Ecology is conducting non-project environmental impact statements for green hydrogen, solar and on-shore
wind and each includes co-located BESS. These assessments will inform the discussions.
Recommendation: Support agrivoltaics and dual-use research and
development
Agrivoltaics and dual-use projects provide options for maintaining, and possibly improving, agricultural lands
and habitat while simultaneously allowing for development of solar and wind energy facilities. The Council
recommends investments in research and development, pilot projects, and integration into planning and
zoning.
Implementation
Agrivoltaics and dual-use solar are terms used for projects which co-locate solar photovoltaics with
agricultural operations. Aquavoltaics is sometimes used to describe floating photovoltaics over water bodies.
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 23
Wind energy facilities can include multiple uses. The WSU Energy program 19 includes crop production, animal
grazing, pollinator habitat, beekeeping, ecosystem services, and aquaculture in defining dual or multi-use. Wind
energy facilities often include dual-use already. Co-location of solar or wind facilities and agriculture can add
revenue to farming operations, provide shade and cover that improves crop yield and reduces damage from
heat and frost, reduce irrigation requirements due to reduced evapotranspiration, and provide shade to grazing
livestock.
The main barriers to implementing dual-use installations are high installation costs, uncertainty about the
concept of colocation and how to implement it, and lack of information on which agricultural uses may be
suitable. Pilot projects would provide valuable information for designing and siting dual-use projects. Proximity
to transmission lines also influences financial viability for siting solar and wind facilities. Land use regulations
that protect agricultural lands of long-term commercial significance can also impede co-location of solar or
wind facilities.
The Clean Energy Siting Council recommends:
• Support research and development of dual-use applications in Washington. Support research by WSU
Extension and others to identify which crops, animals, habitats, conditions and approaches can benefit
from co-location with solar or wind installations.
• Support demonstrations, pilot projects, and technical assistance to enhance awareness of co-location
opportunities and accelerate deployment.
• Continue grant funding to support research, planning, permitting and implementation of co-location
efforts.
• Support integration of agrivoltaics and dual use technologies into local government planning and
zoning to support agriculture and clean energy generation.
• Develop solar-siting standards that local governments can use to determine when projects of
specific characteristics do not constitute conversion of designated agricultural resource lands.
• Support development of state-level agrivoltaics regulations that define appropriate facility types,
design standards, and operational requirements compatible with maintaining a site’s capacity for
active agricultural production.
• Support development of regulations to allow local governments to permit co-location of solar
energy projects over constructed irrigation ponds or canals that reduce evaporation as an allowable
use in designated agricultural resource lands.
Resources and tools
A Rural Energy Study directed by HB 1216 (Chapter 230, Laws of 2023) and led by Commerce may provide
recommendations on this topic in December 2024. WSU’s Institute for Northwest Energy Futures (INEF-WSU
Tri-Cities) is researching the effectiveness of tying financial incentives to criteria for projects like sustainability
and compliance monitoring.
Examples
• The Yakama Nation is leading a pilot project for solar panels over irrigation canals.
• Colorado State University’s College of Agricultural Sciences Experiment Station is installing photovoltaic
panels over livestock pens. It is researching use of PV panels deployed at low-density in native grasslands
and small-scale agrivoltaics experiments testing panel transparencies on food production.
19 Dual-Use Solar Opportunities for Washington State. WSU Energy Program. 2023.
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 24
• Oregon State University’s North Willamette Research and Extension Center (NWREC) had a dual-use
installation on 160 acres near Portland to bridge the urban-rural divide.
Recommendation: Develop a state-wide dashboard for clean energy
development
There is no single agency or database with information on clean energy development in Washington. This
recommendation is to develop a publicly accessible data site for clean energy facilities and projects.
Implementation
A dashboard would provide a single location for anyone to find information about clean energy projects or
facilities. This would include project information, contacts, and the status of environmental review and
permitting timeline. It would identify the amount of energy or fuel being produced to use in calculations on
meeting energy goals. The data would allow for tracking of trends for analysis and help identify issues for
further improvement.
The dashboard would include maps and other tools to analyze and synthesize data as needed by the users.
Information would be publicly available and easily accessible in a variety of forms.
The Clean Energy Siting Council recommends developing a clean energy dashboard to provide a single
source for clean energy project and facility data.
Recommendation: Integrate clean energy development into local
government planning and zoning
Provide support and tools for local governments to integrate the development of clean energy projects with
planning and zoning requirements.
Implementation
The development of clean energy projects may, in some cases, be limited by provisions under the Growth
Management Act 20 that require jurisdictions conserve lands they formally identify and designate as agricultural
lands of long-term commercial significance. 21 Lands with other agriculture-related designations may be
available for development. Transmission routes and other features that make energy projects feasible are
often present on these designated agricultural lands of highest-resource value.
The Clean Energy Siting Council recommends:
• Authorize jurisdictions to factor clean energy siting needs within their designation processes for
resource lands of long-term commercial significance and provide an outline of applicable factors or
criterion.
• Specify energy-siting goals and policies for jurisdictions that must update comprehensive plans and
development regulations under the GMA.
• Develop guidance for considering designation and clean energy development.
20 RCW 36.70A.040
21 RCW 36.70A.170
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 25
Make clean energy siting more beneficial for communities
Many communities, tribes, and local governments have said they are not seeing direct benefits from clean
energy developments. The recommendations in this section make the development of clean energy projects
more beneficial for the communities where they are sited. It is critical to engage potentially affected groups in
equitable and accessible ways and support their participation in clean energy siting and development decision-
making. The Environmental Justice Council has developed guiding principles for community engagement,
which can help in these processes.
Recommendation: Develop tax policy for clean energy facilities
Establish a workgroup to study and develop state-level recommendations for local government tax policies for
clean energy facilities.
Implementation
The tax implications of large clean energy facilities are a significant concern for local communities and
governments. According to a Washington State Association of Counties (WSAC) 2023 report on the topic, 22
clean energy facilities can increase the overall assessed property value of a jurisdiction because new
construction is not subject to the 1% annual property tax limit. The effect of this change is initially beneficial
because it generates additional property tax revenue for counties and local taxing districts such as schools,
fire, and hospitals. However, under current state tax code, the value of these facilities depreciates over time
under personal property accounting rules. Because the overall tax assessment base does not decline with the
depreciation, the overall tax burden may shift to other property owners. Over time, this may result in a declining
tax burden for the clean energy facility and a shift of that tax burden to other properties.
In 2023, the Legislature passed SHB 1756 (Chapter 427, Laws of 2023), which sought to partially address this
concern. Starting in 2025, this law creates a personal property exemption option from state property tax for
wind and solar energy; and creates a production excise tax, and apportions that excise tax to counties, tribes
and school districts where a clean energy facility is located. However, this mechanism affects only the state
portion of property tax revenue, which is about 25% of the overall property tax amount.
Property taxes are not the only mechanism by which clean energy projects may contribute to the revenues of
local jurisdictions. Sales and use taxes on the construction of clean energy facilities and taxes on the
generation of electricity from these facilities are potential topics of analysis and discussion.
The Clean Energy Siting Council recommends convening a workgroup to study and make recommendations on
tax policy for clean energy facilities. Members of the workgroup would include agencies, local governments,
assessors, and others. Topics would include:
• Depreciation of clean energy facilities and shifting tax burden
• Categorization of clean energy equipment as personal property or another category
• Tax assessments for different or concurrent uses of land, such as when land could be used for
agricultural purposes and for clean energy purposes
• Potential use of the income capitalization approach to value clean energy facilities to avoid shifting tax
burden due to depreciating assets
22 WSAC Clean Energy Property Tax Impacts
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 26
• Local option excise tax on the operation of new clean energy facilities
• Potential tax incentives for clean energy facilities, such as exemptions from the retail sales tax, use tax
and leasehold excise tax.
Resources and tools
SHB 1756 and the WSAC report will be helpful references for this group.
Examples
• Maryland has opportunity zones for economically distressed communities where new investments, under
certain conditions, may be eligible for preferential tax treatment.23
Recommendation: Develop Community Benefit Agreement tools
Community Benefit Agreements (CBAs) are legal contracts between developers and local governments or
community groups that define benefits a developer will provide in exchange for support of a project. This
recommendation is to develop templates and guidance on how to set up and implement CBAs for clean energy
projects.
Implementation
CBAs can help mitigate project impacts and enhance the benefits communities receive from clean energy
projects. They can be tailored to the community’s needs and can include monetary and/or non-monetary
benefits. Examples include annual payments, support for public works, and support and training for emergency
response. Community Benefit Plans (CBPs) are a tool for identifying benefits and these may be included in
CEPZs or other planning efforts.
The Clean Energy Siting Council recommends:
• Developing templates for CBAs, CBPs, and other agreements that could be adopted by local
governments, agencies, communities, and project developers for clean energy projects.
• Developing guidance for communities and developers to create CBAs specific to their needs and
identify benefits to communities from clean energy projects.
Resources and tools
The U.S. Department of Energy requires Community Benefits Plans (CBP) for nearly all federal funding under
the Bipartisan Infrastructure Law (BIL) and Inflation Reduction Act (IRA). These CBPs address four policy
priorities: engaging communities and labor; investing in America’s workers through quality jobs; advancing
diversity, equity, inclusion, and accessibility through recruitment and training; and implementing Justice40,
which directs 40% of the overall benefits of certain federal investments to disadvantaged communities.
Examples
• The Columbia Law School has a database of CBAs for clean energy proposals from multiple states.
Recommendation: Support workforce development
Support apprenticeship programs, training through community colleges, vocational, and technical schools and
certification programs to develop a clean energy workforce.
23 Maryland Opportunity Zone FAQ
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 27
Implementation
The Clean Energy Siting Council recommends developing a clean energy workforce that prioritizes and benefits
vulnerable populations and overburdened communities by supporting registered apprenticeship programs,
training through community colleges, vocational and technical schools, and certification and credentialing
programs. Workforce development and training will be necessary to ensure that local community members
benefit from new clean energy career opportunities. A 2024 clean energy workforce analysis for Washington
projects that jobs supporting renewable electricity generation, clean fuels, transmission and distribution will
grow. The report also emphasizes that an equitable transition is not guaranteed, with 51% of all clean energy
jobs in 2030 projected in the lowest wage tier (>$30/hour). Strategic investments and policies will be needed
to support equitable access to higher income jobs.
A 2021 Pew Research Center study 24 found that Black and Hispanic workers remain underrepresented in the
science, technology, engineering and math (STEM) workforce compared with the share of all workers.
Strategies to promote quality, good-paying, fair jobs include labor union pathways, prevailing wage
requirements, apprentice utilization requirements, project labor agreements, support for pre-apprenticeship
programs and wrap-around services such as child care and transportation, and others. These programs should
be in communities where projects are sited and geared towards vulnerable populations and overburdened
groups.
Resources and tools
Workforce development and training recommendations are expected to be developed by the Clean Energy
Technology Workforce Advisory Committee, the Electrical Transmission Workforce Needs Work group, and the
state industrial strategy (due in June 2025).
Improve tribal engagement and consultation
Early and meaningful engagement and consultation with tribes is critical for improving the siting and
permitting of clean energy projects. Each tribe makes the determination of potential impacts to their rights,
resources, and interests. These recommendations support improvements to engaging and consulting with
tribes and supporting tribal-led processes.
Recommendation: Improve engagement and consultation with tribes
State and local agencies and developers should assess existing processes for tribal engagement and
consultation. They should explore issues and opportunities for better including tribes in siting and permitting
processes. The pre-application phase is an important and opportune time for this work, especially before
making a significant investment.
Implementation
Tribal people, lands, rights and resources of significance may be impacted by clean energy projects. Some
tribes have stated they are not involved early enough in siting, environmental review and permitting processes
or in meaningful ways.
Under the Centennial Accord, state agencies maintain a government-to-government relationship with tribes.
The Out of State Accord extends this to tribes located outside of the state with treaty reserved rights within
state. The Centennial Accord establishes a process and responsibilities for consultation and collaboration as
24Pew Research Center, April, 2021, STEM Jobs; See Uneven Progress in Increasing Gender, Racial and Ethnic Diversity
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 28
part of this government-to-government relationship. State agencies may participate in consultation,
engagement or information sharing with tribes. There is no equivalent consultation framework between tribes
and local governments or with private industry. Local governments and industry might offer to engage or share
information with tribes. Each tribe has its own sovereign government structure and expectations for formal
government-to-government consultation and staff coordination and engagement.
Some developers may not be aware of tribal treaty rights, trust obligations or cultural resource protection
requirements in Washington. Local governments might not have policies or procedures in place on how to
engage with tribes for clean energy projects. Some tribes may prefer to engage with state agencies instead of
developers or local governments.
Early and meaningful engagement and information sharing with tribes and consultation with agencies and
tribes on a project or for planning may provide opportunities to discuss potential impacts and mitigation. Early
engagement and awareness of issues in the process may allow impacts to be avoided or minimized in early
project proposal stages. The pre-application phase is an important time to talk with tribes and hear their issues
and concerns.
Tribes have raised concerns about resolving conflicts when tribal rights, resources, and interests are impacted
by a clean energy project. HB 1753 (Chapter 253, Laws of 2022) established a process for mediation for
Climate Commitment Act (CCA) funded activities, but this does not apply to all clean energy projects.
The Clean Energy Siting Council recommends:
• Early and meaningful engagement and information sharing with tribes and consultation between
agencies and tribes on a clean energy project or for planning.
• During the pre-application phase, developers should explore options for avoiding areas in obvious
conflict with tribes due to the presence of significant cultural resources as identified by the Department
of Archaeology and Historic Preservation and the affected tribes.
• Use Indigenous knowledge to avoid or minimize harm and maintain access to traditional gathering
areas, food sources, and cultural resources.
• Incentivize the co-development and co-ownership of clean energy projects with tribes directly impacted
by their development.
• During tribal consultation, ensure developers and agencies incorporate Indigenous knowledge as
provided by the tribes into project planning.25
Recommendation: Support tribes in identifying priorities through
tribally-led, equitable, proactive and collaborative process
Support tribes in co-creating siting and permitting tools, templates, and resources for clean energy
development in areas tribes identify as no- or low-conflict sites.
Implementation
The Affiliated Tribes of Northwest Indians, the Nature Conservancy, National Audubon Society, and the
Department of Commerce applied for federal funding to implement Renewable Energy Siting through Technical
25 This is in alignment with Council on Environmental Quality’s National Environmental Policy Act new rule for including Indigenous
knowledge in federal research, policy, and decision making.
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 29
Engagement and Planning (R-STEP). This funding would position tribal governments as leaders, facilitators,
and co-creators of culturally-responsive siting and permitting resources, templates, and tools.
The R-STEP process would include a quarterly working group with a tribal collaborative and annual meetings
with clean energy developers and tribal allies along with tribes. The intent is to:
• Co-create and maintain an online Tribal Clean Energy Hub with reference materials, important contacts,
and tools
• Publish a toolkit for tribes within Washington’s boundaries that includes a Tribal Benefit Agreement
Template, guidance materials, case studies, open funding calls, and communication assets
• Launch a public GIS Decision Support and Spatial Analysis Tool to identify no- or low-conflict areas for
potential clean energy development. This would not include confidential information around cultural
resources.
In proactively sharing tribal siting priorities and consultation best practices, R-STEP is intended to make the
permitting process faster and reduce conflict for developers that site within those places and practices.
Studies may be needed to provide information for this process.
In the case that sufficient funding is not provided through the federal process, the Clean Energy Siting Council
recommends funding to support this work.
Improve permitting
The recommendations in this section focus on two critical areas for improvement: the pre-application phase
and the development of mitigation measures.
Recommendation: Promote pre-application discussions
Support outreach and guidance from state and local agencies about the pre-application phase and benefits.
Implementation
The pre-application phase is the most effective time for agencies and developers to discuss impacts,
concerns, and mitigation options. A successful pre-application process sets up projects for more efficient
environmental reviews and permitting by identifying issues early on and designing projects to avoid and
minimize impacts.
State and local agencies can coordinate early with clean energy project developers through pre-application
discussions. Some permits have formal pre-application processes, while others are informal. The pre-
application phase is a critically important piece of the permitting process. Pre-application discussions can help
developers avoid and reduce impacts by identifying potentially significant issues and strategies for mitigating
impacts.
Developers may not be aware of the pre-application options. Outreach materials explain the purpose of these
early discussions and how agency expertise can help developers identify and avoid impacts. Some developers
may be hesitant to share information at an early stage due to lack of detail or concerns about confidentiality.
Agencies can address issues by clearly identifying the type of information needed at the pre-application phase.
Additional actions could include specifying information needs for types of clean energy.
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 30
The Clean Energy Siting Council recommends:
• Agencies should engage in a proactive outreach effort with the development community to encourage
them to engage in early pre-application; this effort should be coordinated across agencies.
Consideration should be given to creating a single website or portal to reach developers and encourage
earlier engagement.
• Agencies should consider tailoring pre-application forms and process to address specific clean energy
technology types.
• Agencies should focus pre-application discussions on areas where there could be significant impacts
that could trigger an environmental impact statement (EIS) under the State Environmental Policy Act
(SEPA). Early identification of these impacts would provide developers with the knowledge and tools to
design projects that avoid and minimize impacts.
Resources and tools
Ecology’s 2024 legislative report on options for consolidating clean energy permits and applications.
Recommendation: Continue development of mitigation guidance
Agencies should continue developing mitigation guidance for types of clean energy. They should proactively
work with developers, tribes, interested parties, and communities to identify mitigation strategies to address
concerns.
Implementation
Mitigation standards and guidance were developed for resources such as wetlands, and for clean energy
projects such as solar energy. The approach and options for developing mitigation measures to avoid,
minimize, reduce or compensate for impacts from a project may vary between jurisdictions and based on the
resource affected.
The Washington State Department of Fish and Wildlife (WDFW) is in the process of updating solar and wind
guidelines, which will include mitigation for impacts to habitat and species. These are planned for release in
late 2024. Ecology is preparing three PEISs for utility-scale solar, utility-scale onshore wind, and green
hydrogen. EFSEC is also preparing a PEIS for electrical transmission facilities with a nominal voltage of 230
kilovolts (kV) or greater. These PEISs will include mitigation measures for potentially significant impacts for
these technology types. Implementation of CEPZs would include mitigation for those geographic areas.
The Clean Energy Siting Council recommends continuing to develop statewide mitigation strategies for
significant impacts to support state and local agencies, developers, tribes, and the public to better understand
mitigation options for clean energy projects and further enhance project environmental reviews and permitting.
Future mitigation measures could be developed for emerging clean energy technology types such as offshore
wind, nuclear fusion, geothermal, pumped storage, and tidal energy. This could be done through planning or
additional studies such as PEISs.
Resources and tools
Several workgroups and planning documents for clean energy technologies are being discussed and could be
built upon. These might inform the need for future mitigation.
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 31
• Senate Bill 6039 (Chapter 350, Laws of 2024) – Promotes development of geothermal energy
resources and directs collaborative process to identify opportunities and risks associated with the
development of geothermal resources
• House Bill 1924 (Chapter 346, Laws of 2024) – Promotes the integration of fusion technology within
state clean energy policies
• WSU-led Information Study for Pumped Storage Hydropower Siting for closed-loop facilities
• Gridworks report on Proposed Offshore Wind Engagement Framework for Washington state
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 32
Appendix A: Abbreviations
ATNI Affiliated Tribes of Northwest Indians
BESS Battery Energy Storage System
BIL Bipartisan Infrastructure Law
BLM Bureau of Land Management
BRCEP Build-Ready Clean Energy Program
CBA Community Benefit Agreements
CBP Community Benefit Plans
CEPZ Clean Energy Preferred Zone
COM Washington State Department of Commerce
DAHP Washington State Department of Archeology and Historic Preservation
DS Determination of significance
DNR Department of Natural Resources
DNS Determination of nonsignificance
DOD Department of Defense
DOE U.S. Department of Energy
DOH Washington State Department of Health
DS Determination of Significance
EIS Environmental Impact Statement
ECY Washington State Department of Ecology
EFSEC Energy Facility Site Evaluation Council
EJC Environmental Justice Council
EPA Environmental Protection Agency
FERC Federal Energy Regulatory Commission
GIS Geospatial Information System
GOIA Governor's Office of Indian Affairs
GOV Governor's Office
HB House Bill
IRA Inflation Reduction Act
L&I Washington Labor and Industry
MIL Washington State Military Department
ORIA Governor's Office for Regulatory Innovation and Assistance
PV Photovoltaic
RCW Revised Code of Washington
ROW Rights of Way
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 33
R-STEP Renewable Energy Siting through Technical Engagement and Planning
SB Senate Bill
SEPA State Environmental Policy Act
SES State Energy Strategy
SHARP Site Hazard Assessments and Rankings Process
TCWG Transmission Corridors Work Group
TNC The Nature Conservancy
USDOE United States Department of Energy
UTC Utilities and Transportation Commission
WAC Washington Administrative Code
WSAC Washington State Association of Counties
WDFW Washington Department of Fish and Wildlife
WSDA Washington State Department of Agriculture
WSDOT Washington State Department of Transportation
WSU Washington State University
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 34
Appendix B: Interagency Clean Energy Siting
Coordinating Council members
Co-lead Agencies
Department of Ecology: Joenne McGerr, Diane Butorac, Brenden McFarland, Abbey Wellemeyer, Alexandra
Shin
Washington State Department of Commerce: Michael Furze, Glenn Blackmon, Brian Young, Nora Hawkins,
Aaron Peterson, Dan Siemann
Council members:
Department of Archaeology and Historic Preservation: Allyson Brooks
Department of Natural Resources: Natalie Waid, Jim Woodward
Energy Facility Site Evaluation Council: Sonia Bumpus, Stewart Henderson
Environmental Justice Council: Jonathan Chen, Sierra Rotakhina
Governor's Office of Indian Affairs: Craig Bill
Governor's Office: Becky Kelley
Governor's Office for Regulatory Innovation and Assistance: Dan McConnon
Utilities and Transportation Commission: Payton Swinford, Heather Moline
Washington Department of Fish and Wildlife: Michael Garrity, Ben Blank
Washington State Department of Agriculture: Gary Bahr, Julia Terlinchamp
Washington State Department of Transportation: Ahmer Nizam, Gretchen Coker
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 35
Appendix C: State energy, legislative, and policy context
Washington's energy context
The 2021 State Energy Strategy 26 projects that achieving the state’s greenhouse gas emissions limits and
clean electricity requirements will require the state to roughly double by 2050 the amount of electricity used by
consumers and businesses in the state. 27 This result is confirmed in a more recent Net Zero Northwest study
by the Clean Energy Transition Institute, which also provides updated modeling results on the sources and
amounts of required clean electricity. The most economically and technically efficient pathway for meeting
Washington’s 2050 electricity needs will require building at least 26.4 GW of additional electricity generation in-
state while also importing at least 10.1 GW of electricity from out-of-state sources. 28 This efficient “core case”
pathway assumes relatively unconstrained technology availability, moderate ability to build interstate and intra-
state transmission, and aggressive electrification and efficiency of end uses that now rely on fossil fuels.
Recent forecasts by the electric industry suggest that these projections may understate the amount of
electricity required to meet new uses of electricity in industry and data processing. While Washington’s overall
electricity consumption last year was less than 2019, 29 some utilities are reporting near-term increases in
demand to serve new projects. Lack of access to generation or transmission resources could constrain the
state’s economic development goals as well as its clean energy transformation goals. In addition, increasingly
extreme weather events exacerbated by climate change are causing periodic unanticipated peaks in energy
demand statewide. While power supplies are generally sufficient to meet current load requirements, siting and
permitting of additional in-state generation and transmission will be needed to meet growing demand.
Efficient siting and permitting are essential components of gaining additional electricity. However, success of
the economically efficient pathway for meeting 2050 electricity needs assumes that interstate transmission
lines can be expanded to carry an additional 38% of electricity from cheaper and more productive out-of-state
sources. If transmission cannot be upgraded and sited in time, or if those out-of-state resources are not
available, it is likely that additional generation would have to be built in-state, at higher cost and with additional
impacts. This highlights the crucial role of transmission—and transmission planning, siting, permitting and
construction—in the state’s energy landscape. Many states are now coordinating transmission planning with
resource planning to ensure adequate and integrated electricity generation and transmission capacity. 30
In recent years, data centers, high-tech manufacturing and other large electricity-using facilities have
proliferated in Washington. Many more facilities are proposed as communities seek to diversify their economy,
boost regional competitiveness and guard against economic downturns. However, some areas of the state are
26 htps://www.commerce.wa.gov/growing-the-economy/energy/2021-state-energy-strategy/
27 WA SES EER DDP Modeling Final Report Page 29
28 This number reflects the outcome from the model’s most economically and technically efficient pathway, with assumpons including relavely
unconstrained technology availability (including the ability to build transmission), aggressive electrificaon and efficiency, and no measures taken to
reduce service demands. For a full list of the assumpons included in the Core Case modeling, see NZNW Energy Pathways Technical Report, pgs.
245-296, especially 250-251.
29Electricity Data Browser, U.S. Energy Informaon Administraon.
htps://www.eia.gov/electricity/data/browser/#/topic/5?agg=0,1&geo=000000000001&endsec=vg&freq=Q&start=200101&end=20
2304&ctype=linechart<ype=pin&rtype=s&maptype=0&rse=0&pin=
30 See, for example, htps://www.caiso.com/about/news/taking-the-long-view-the-isos-collaborave-approach-to-transmission-planning-
coordinaon
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 36
finding it difficult to secure adequate power to support these new businesses. For example, the Tri-City
Economic Development Council and the Port of Walla Walla report that, collectively, at least 11 companies
have proposed large projects requiring more than 1,500 MW of consistently available electricity. If built, these
projects would support an estimated 2,800 direct jobs and involve an estimated $9.9 billion in private capital
investment. In addition, discussions are currently on-going for locating additional data centers that could
require as much as 1,000 MW of electricity. Project sponsors are currently seeking electricity from available
power suppliers to support these projects. However, generation and transmission limitations are impeding
access to needed power for this business development.
The increased demand from data centers, high-tech manufacturing, and electrification is illustrated in the
multi-state demand projections compiled by the Pacific Northwest Utilities Conference Committee (PNUCC). 31
The 2024 PNUCC Northwest Regional Forecast projected that electricity consumption could increase over 30%
in the next 10 years. This compares to PNUCC’s 2023 forecast which anticipated demand growth of 24%. The
PNUCC's recent growth estimate represents an increase from about 23,700 average megawatts (aMW) in 2024
to about 31,100 aMW in 2033 (an increase of 7,400 aMW, which is equivalent to the electricity demand of
about seven cities the size of Seattle). While an average annual increase of 3% may seem modest, it would be
significant for a power system that has experienced very modest growth over the past 40 years, relying
primarily on energy efficiency to offset growth in population and economic activity.
Climate change is also causing reconsideration of energy supply and demand as extreme weather events have
become more severe at both ends of the spectrum. Recent examples include the January 2024 cold snap and
the 2021 heat dome. In both cases, energy demand peaked beyond expectation, requiring significant and
costly power purchases as well as increased greenhouse gas emissions due to higher levels of electricity
produced via natural gas. If these climate patterns continue, Washington's energy demand forecast will likely
increase. Recent droughts are also causing re-evaluation of hydroelectric reliability, as low river flows are
constraining electricity production in some areas. 32 Risk of wildfires is leading to concerns of power shutoffs,
especially during high-demand summer months.
Emerging technology has the potential to address many supply concerns but will also require siting and
permitting consideration as well as changes in utility practices in managing the grid. Utility-scale battery
energy storage systems are being deployed to store excess energy generation from wind, solar and other
sources that can be distributed during high-demand periods such as morning and evening. Communities are
currently evaluating siting, zoning, and emergency response considerations for these battery energy storage
systems. Utilities are also exploring "virtual power plant" technology that enables grid operators to manage
distributed resources (rooftop solar, home battery storage, electric vehicle batteries, etc.), creating a single
grid-scale network that can function like a traditional power plant. Other efforts are underway to advance
commercial development of small modular reactors and fusion technology, while geothermal energy, pumped
storage, offshore wind and other technologies are also being explored. Any of these emerging technologies
would, if they prove technically and commercially viable, present significant siting and permitting
considerations.
31 PNUCC represents consumer-owned and investor-owned ulies in Washington, Oregon, Idaho and western Montana.
htps://www.pnucc.org/wp-content/uploads/2024-PNUCC-Northwest-Regional-Forecast-final.pdf.
32 Drought Impacts on Hydroelectric Power Generaon in the Western United States. Turner, et. al. Pacific Northwest Naonal Laboratory. 2022.
htps://www.pnnl.gov/main/publicaons/external/technical_reports/PNNL-33212.pdf
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 37
Clean hydrogen is also a technology that is poised to grow but will require siting consideration and additional
non-emitting electricity generation. In October 2023, Washington was selected to be eligible for up to $1 billion
in federal Regional Clean Hydrogen Hub funding to accelerate the commercial-scale deployment of clean
hydrogen, primarily for energy storage and to decarbonize heavy industry and transportation; and received the
Phase 1 award in July of 2024 to officially launch. To support the state’s hydrogen industry, Commerce’s
January 2024 Legislative report on deployment of green electrolytic hydrogen and hydrogen-derived fuels
anticipates that Washington will install an additional 4.5 GW of electrolysis capacity by 2035. Based on
updated modeling for the hydrogen legislative report, new in-state renewable electricity capacity is projected to
grow by 3.4 GW by 2030, and 36.8 GW by 2050 as part of overall expansion of renewable and non-emitting
generation and transmission in the state. Commerce's hydrogen report further states: “Where the 2021 State
Energy Strategy envisioned using excess renewable generation to produce hydrogen, the level of hydrogen and
renewable fuel production envisioned here cannot be met without new transmission and generation capacity.
Supporting efforts to expedite and improve siting and permitting across the clean energy supply chain - in
coordination with state entities, tribes, industry, communities and more - is critical.” 33
There are a number of additional topics that influence Washington’s energy context, including energy
development in other states, transmission upgrades, energy markets, and the “Six Sovereigns” agreement.34
While Washington must double its clean energy generation by mid-century, the state can benefit from acquiring
electricity from out-of-state, which can at times be generated more efficiently and at lower cost, for example
wind energy in Montana and solar energy in California and Nevada. However, Washington must be cautious
about depending on future clean energy development in other states, especially as the topic has become
increasingly contentious in some areas. In addition, transmitting out-of-state electricity to Washington will
require additional in-state and interstate transmission capacity. Options include upgrading or expanding
existing transmission lines, grid-enhancing technology improvements, and building new transmission lines. All
will likely be required. Currently, western states and energy distributers are exploring a wholesale energy
trading market intended to balance supply and demand across the energy grid at lower cost and increase
reliability. However, transmission upgrades will be required to take advantage of most market benefits. Finally,
in December 2023, the Biden Administration announced a “Six Sovereigns” agreement to restore wild salmon
populations, expand tribally sponsored clean energy production, and provide stability for communities that
depend on the Columbia River System for agriculture, energy, recreation, and transportation. According to the
agreement, the administration will support the development of at least one to three gigawatts of tribally
sponsored clean energy projects. This could help replace electricity generated by the Lower Snake River Dams
if Congress authorizes breaching them. 35
33 Green Electrolyc Hydrogen and Renewable Fuels: Recommendaons For Deployment. Washington Department of Commerce, January 5, 2024.
htps://app.leg.wa.gov/ReportsToTheLegislature/Home/GetPDF?fileName=Commerce%20Reports%20-
%20Green%20Electrolyc%20Hydrogen%20Report%20final_74ae22a7-9a2b-4c27-b836-a576cce9bbb8.pdf
34htps://www.whitehouse.gov/briefing-room/statements-releases/2023/12/14/fact-sheet-biden-harris-administraon-announces-10-year-
partnership-with-tribes-and-states-to-restore-wild-salmon-expand-clean-energy-producon-increase-resilience-and-provide-energy-stability-i/
35htps://www.whitehouse.gov/briefing-room/statements-releases/2023/12/14/fact-sheet-biden-harris-administraon-announces-
10-year-partnership-with-tribes-and-states-to-restore-wild-salmon-expand-clean-energy-producon-increase-resilience-and-provide-
energy-stability-i/?utm_medium=email&utm_source=govdelivery.
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 38
State legislative and policy context
Multiple laws and policies are focused on efforts to improve siting and permitting of clean energy projects to
ensure the state transitions to 100% clean energy as the demand for energy grows. Efficient and effective
siting and permitting of clean energy facilities and transmission is imperative for successful implementation.
Clean energy siting (HB 1216)
House Bill (HB) 1216 36 defines the work of the Interagency Clean Energy Siting Coordinating Council. Its
legislative intent is to:
Enable more efficient and effective siting and permitting of clean energy projects with policies and
investments that protect the environment, overburdened communities, and tribal rights, interests, and
resources, including cultural resources; bring benefits to the communities that host clean energy projects;
and facilitate the rapid transition to clean energy that is required to avoid the worst impacts of climate
change on Washington's people and places. (Sec. 1(2))
The legislature intends to invest in, facilitate, and require better coordinated, faster environmental review
and permitting decisions by state and local governments. (Sec. 1(4))
Therefore, it is the intent of the legislature to support efficient, effective siting and permitting of clean
energy projects through a variety of interventions, including:
(a) Establishing an interagency clean energy siting coordinating council to improve siting and
permitting of clean energy projects;
(b) Creating a designation for clean energy projects of statewide significance 37;
(c) Creating a fully coordinated permit process for clean energy projects 38;
(d) Improving processes for review of clean energy projects under the state environmental policy act 39;
(e) Requiring preparation of separate nonproject environmental impact statements for green
electrolytic and renewable hydrogen projects and colocated battery energy storage facilities, onshore
utility-scale wind energy projects and colocated battery energy storage facilities, and for solar energy
projects and colocated battery energy storage facilities, with the goal of preparing these nonproject
reviews by June 30, 2025 (Sec 302); and
(f) Requiring the Washington State University energy program to complete by June 30, 2025, a siting
information process for pumped storage projects in Washington. (Sec. 1(5)).
Modernizing the Energy Facility Site Evaluation Council (HB 1812)
HB 1812 (Chapter 183, Laws of 2022) 40 establishes that:
36 htps://apps.leg.wa.gov/billsummary/?BillNumber=1216&Year=2024&Iniave=false
37 Chapter 43.157 RCW
38 Chapter 43.158 RCW
39 Chapter 43.21C RCW
40 htps://lawfilesext.leg.wa.gov/biennium/2021-22/Pdf/Bills/Session%20Laws/House/1812-S2.SL.pdf?q=20240721180140
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 39
It is the policy of the state of Washington to reduce dependence on fossil fuels by recognizing the need for
clean energy in order to strengthen the state's economy, meet the state's greenhouse gas reduction
obligations, and mitigate the significant near-term and long-term impacts from climate change while
conducting a public process that is transparent and inclusive to all with particular attention to
overburdened communities.
The legislature finds that the in-state manufacture of industrial products that enable a clean energy
economy is critical to advancing the state's objectives in providing affordable electricity, promoting
renewable energy, strengthening the state's economy, and reducing greenhouse gas emissions.
At the same time, this law also reaffirmed that:
It is the policy of the state of Washington to recognize the pressing need for increased energy facilities,
and to ensure through available and reasonable methods that the location and operation of all energy
facilities and certain clean energy product manufacturing facilities will produce minimal adverse effects
on the environment, ecology of the land and its wildlife, and the ecology of state waters and their aquatic
life.
In modifying EFSEC, HB 1812 stated:
It is the intent to seek courses of action that will balance the increasing demands for energy facility
location and operation in conjunction with the broad interests of the public. In addition, it is the intent of
the legislature to streamline application review for energy facilities to meet the state's energy goals and to
authorize applications for review of certain clean energy product manufacturing facilities to be considered
under the provisions of this chapter.
Among the modifications made by HB 1812, the law establishes EFSEC as a stand-alone entity of state
government rather than as a unit of the UTC, and the bill expands EFSEC's authorities and operational
independence. It makes the EFSEC siting and permitting pathway available to most clean energy proposals
and a range of clean energy product manufacturing facilities. These include facilities and projects related to
vehicles, vessels, and other modes of transportation; charging and fueling infrastructure for electric, hydrogen,
or other types of vehicles; renewable or green electrolytic hydrogen; equipment and products used to produce
energy from alternative energy resources; renewable natural gas facilities; refined biofuel facilities under
25,000 barrels per day; and equipment and products used at clean energy storage facilities. The law also gives
developers of transmission lines the opportunity to seek site certification through EFSEC and enables EFSEC
to conduct preliminary studies of potential clean energy projects.
HB 1812 establishes mechanisms for notification and engagement with tribes and city and county legislative
authorities. Finally, the law expands the opportunity for expedited processing to any facility that would be
covered under EFSEC siting laws.
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 40
Washington GHG reduction limits
Washington enacted legislation in 2008 that set a series of limits on the emission of GHGs within the state.
Those limits were modified by legislation 41 enacted in 2020 to limit anthropogenic emissions of GHGs to
achieve the following reductions for the state:
By 2020, reduce overall emissions of GHGs to 1990 levels, or 90.5 million metric tons
By 2030, reduce overall emissions of GHGs to 45% below 1990 levels, or 50 million metric tons
By 2040, reduce overall emissions of GHGs to 70% below 1990 levels, or 27 million metric tons
By 2050, reduce overall emissions of GHGs to 95% below 1990 levels, or 5 million metric tons and achieve
net-zero GHG emissions
Climate Commitment Act (CCA)
The Legislature directs Ecology to design and implement a cap-and-invest program to reduce statewide
greenhouse gas (GHG) emissions. This program sets a statewide emissions limit, or cap, then lowers that cap
over time to ensure Washington meets the GHG reduction limits. The CCA 42 caps and reduces GHG
emissions from Washington’s largest emitting sources and industries, allowing businesses to find the most
efficient path to lower carbon emissions.
The cap-and-invest program includes provisions to mitigate the impact on emissions-intensive, trade-exposed
(EITE) industries and on electric and natural gas utilities and their customers. EITE industries are core
industries, primarily manufacturing, that release large amounts of GHG emissions and face significant national
or global competition for their products. The definition of clean energy projects includes EITE projects which
reduce GHG emissions and do not degrade local air quality.
Clean Fuel Standard (CFS)
The CFS 43 curbs pollution from transportation, which is the largest source of GHG emissions in Washington.
Within the transportation sector, personal cars and trucks account for almost half of overall emissions.
Reducing the carbon intensity of the fuels that power these vehicles is an important tool for cutting GHG
emissions and other types of air pollution. The CFS requires fuel suppliers to reduce their products’ carbon
intensity 20% below 2017 levels by 2038. This will cut GHG emissions by 4.3 million metric tons a year by 2038
and stimulate economic development in low carbon fuel production. The CFS works with the CCA and Zero
Emission Vehicle standard to accelerate the transition to electric or fuel-cell vehicles. Multiple clean energy
projects are being developed to meet the goals in these rules.
Clean Energy Transformation Act (CETA) for Electric Utilities
In 2019, the Washington State Legislature passed CETA 44, which requires that electric utilities reduce and
eventually eliminate the use of fossil fuels in providing electricity to Washington customers. CETA applies to
all electric utilities serving retail customers in Washington and sets specific milestones. By 2025, the law
requires utilities to phase out coal-fired electricity from their state portfolios. By 2030, utility portfolios must be
greenhouse gas emissions neutral, which means they may use limited amounts of electricity generated from
natural gas if it is offset by renewable energy certificates or other alternative compliance methods. And by
2045, utilities must supply Washington customers with electricity that is 100% renewable or non-emitting with
41 htps://apps.leg.wa.gov/rcw/default.aspx?cite=70A.45.020
42 htps://ecology.wa.gov/Air-Climate/Climate-change/Reducing-greenhouse-gases/Climate-Commitment-Act
43 htps://app.leg.wa.gov/RCW/default.aspx?cite=70A.535
44 htps://lawfilesext.leg.wa.gov/biennium/2019-20/Pdf/Bills/Session%20Laws/Senate/5116-S2.SL.pdf?q=20210822161309
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 41
no provision for alternative compliance. CETA also directed the EFSEC to convene a Transmission Corridors
Work Group (TCWG) to review the need for new or upgraded transmission to meet Washington’s renewable
energy goals. The TCWG issued a report in 2022. 45
Healthy Environment for All (HEAL) Act
The HEAL Act was passed by the Legislature in 2021 (SB 5141, Chapter 314, Laws of 2021) 46. The law provides
a roadmap for integrating environmental justice into state agency operations and requires covered agencies
(Departments of Ecology, Health, Natural Resources, Commerce, Agriculture, and Transportation, and the
Puget Sound Partnership) to identify and address environmental health disparities in overburdened
communities and for vulnerable populations. It requires covered agencies to develop a consultation framework
in coordination with tribal governments that includes best practices, protocols for communication, and
engagement and collaboration with federally recognized tribes. It also requires covered state agencies to
adopt community engagement plans. The law establishes an Environmental Justice Council to advise covered
agencies on incorporating environmental justice into agency activities. Key priorities of the HEAL Act include
reducing exposure to environmental hazards within overburdened communities and tribal lands, and
eliminating environmental and health disparities in disadvantaged, vulnerable and low-income populations.
Covered agencies must focus expenditures toward creating environmental benefits for overburdened
communities and vulnerable populations.
Recent legislation affecting clean energy siting and permitting
The following laws passed since 2023 improve siting and permitting:
HB 1756 (Chapter 427, Laws of 2023): 47 Supporting clean energy through tax changes that increase revenue
to local governments, schools, and impacted communities
Provides an option for wind and solar projects to remove state property tax from personal property that is used
exclusively for the generation or storage of renewable energy over one MW, and instead levies a production
excise tax that varies depending on specific factors. The revenues from the excise tax are deposited in a
Renewable Energy Local Benefit Account and apportioned to tribes with lands potentially impacted and
counties and school districts located in the same county as the facility.
HB 1924 (Chapter 346, Laws of 2024): 48 Promoting the integration of fusion technology within state clean
energy policies
EFSEC and the Department of Health must establish a fusion energy work group of state agencies to identify
and evaluate new and existing permitting, siting, licensing, and registration pathways for producing fusion
energy. In developing the application for the designation of Clean Energy Projects of Statewide Significance
(CEPSS), Commerce must include facilities that produce electricity with fusion energy as clean energy
projects.
45 chrome-
extension://efaidnbmnnnibpcajpcglclefindmkaj/htps://www.efsec.wa.gov/sites/default/files/181034/Final_TCWG_Report%20_2022_0801.pdf
46 htps://lawfilesext.leg.wa.gov/biennium/2021-22/Pdf/Bills/Session%20Laws/Senate/5141-S2.SL.pdf?q=20240721175913
47 htps://lawfilesext.leg.wa.gov/biennium/2023-24/Pdf/Bills/Session%20Laws/House/1756-S.SL.pdf?q=20240721180236
48 htps://lawfilesext.leg.wa.gov/biennium/2023-24/Pdf/Bills/Session%20Laws/House/1924-S.SL.pdf?q=20240721180310
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 42
HB 2039 (Chapter 347, Laws of 2024): 49 Modifying the appeals process for environmental and land use
matters
Streamlines the appeals process for clean energy projects by consolidating appeals that go through the
Pollution Control Hearings Board and Shoreline Hearings Board. It allows these appeals to go directly to the
Court of Appeals.
HB 2134 (§ 214) (Chapter 310, Laws of 2024): 50 Use of state highway rights of way to accommodate clean
energy projects.
As part of the 2024 Supplemental Transportation budget, a proviso directs Washington State Department of
Transportation (WSDOT) to explore alternative uses of the state's highway rights of way, including renewable
energy generation, electrical transmission and distribution projects, inductive charging in travel lanes,
alternative fueling facilities, and other appropriate uses.
SSB 5165 (Chapter 229, Laws of 2023): 51 Electric power system transmission planning
Extends the planning horizon to 20 years (rather than 10 years) for regional generation and transmission
capacity in electric utility integrated resource plans. It also requires large transmission projects to be permitted
through EFSEC (rather than at the local level), and it requires EFSEC to prepare nonproject environmental
impact statements for large electric transmission facilities in suitable geographic areas.
SB 6039 (Chapter 350, Laws of 2024): 52 Promoting development of geothermal energy resources
Directs the Washington Department of Natural Resources (DNR) to compile and maintain a geologic database
and characterize the hazards of induced seismicity for high potential geothermal areas. It directs Ecology to
lead a collaborative process, in consultation with other agencies, to identify opportunities and risks associated
with the development of geothermal resources in three high priority locations. The process must include
consultation with federally recognized tribes. It also creates a geothermal exploration cost-share grant
program.
Least-conflict solar siting proviso 2021
Directs the Washington State University (WSU) Energy Program to carry out a least-conflict solar siting project
with the goal of identifying areas where there would be the least amount of potential conflict in the siting of
utility-scale solar photovoltaics developments. WSU led this effort from July 1, 2022, through June 30, 2023,
resulting in least conflict mapping and a report 53.
49 htps://lawfilesext.leg.wa.gov/biennium/2023-24/Pdf/Bills/Session%20Laws/House/2039-S.SL.pdf?q=20240721180341
50 htps://app.leg.wa.gov/billsummary?BillNumber=2134&Iniave=false&Year=2023
51 htps://lawfilesext.leg.wa.gov/biennium/2023-24/Pdf/Bills/Session%20Laws/Senate/5165-S.SL.pdf?q=20240721180501
52 htps://lawfilesext.leg.wa.gov/biennium/2023-24/Pdf/Bills/Session%20Laws/Senate/6039-S.SL.pdf?q=20240721180525
53 htps://www.energy.wsu.edu/documents/Least-Conflict_Solar_Sing_Report-WSUEP23-04--6-29.pdf
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 43
Appendix D: HB 1216
ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1216
Chapter 230, Laws of 2023
68th Legislature
2023 Regular Session
CLEAN ENERGY PROJECT SITING
EFFECTIVE DATE: July 23, 2023
AN ACT Relating to clean energy siting; amending RCW 44.39.010 and 44.39.012; adding a new section to
chapter 80.50 RCW; adding new sections to chapter 43.21C RCW; adding a new section to chapter 36.70B
RCW; adding a new section to chapter 36.01 RCW; adding new chapters to Title 43 RCW; creating new
sections; prescribing penalties; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. STATEMENT OF LEGISLATIVE INTENT. (1) The legislature finds that efficient and
effective siting and permitting of new clean energy projects throughout Washington is necessary to: Fight
climate change and achieve the state's greenhouse gas emission limits; improve air quality; grow family-wage
clean energy jobs and innovative clean energy businesses that provide economic benefits across the state;
and make available secure domestic sources of the clean energy products needed to transition off fossil fuels.
(2) The legislature intends to: Enable more efficient and effective siting and permitting of clean energy projects
with policies and investments that protect the environment, overburdened communities, and tribal rights,
interests, and resources, including cultural resources; bring benefits to the communities that host clean energy
projects; and facilitate the rapid transition to clean energy that is required to avoid the worst impacts of
climate change on Washington's people and places. There is no single solution for improved siting and
permitting processes. Rather, a variety of efforts and investments will help bring together state, local, tribal,
and federal governments, communities, workers, clean energy project developers, and others to succeed in this
essential task. The legislature intends to make biennial appropriations to support tribal review of clean energy
project proposals, permit applications, and environmental reviews, as well as tribal participation in up-front
planning for clean energy projects, such as nonproject environmental impact statements for clean energy
projects as described in this act.
(3) Efficient and effective siting and permitting will benefit from early and meaningful community and tribal
engagement, and from up-front planning including identification of areas of higher and lower levels of impact,
and nonproject environmental review that identifies measures to avoid, minimize, and mitigate project
impacts.
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 44
(4) Incorporating the principles and strategies identified in subsections (1), (2), and (3) of this section, the
legislature intends to invest in, facilitate, and require better coordinated, faster environmental review and
permitting decisions by state and local governments.
(5) Therefore, it is the intent of the legislature to support efficient, effective siting and permitting of clean
energy projects through a variety of interventions, including:
(a) Establishing an interagency clean energy siting coordinating council to improve siting and permitting of
clean energy projects;
(b) Creating a designation for clean energy projects of statewide significance;
(c) Creating a fully coordinated permit process for clean energy projects;
(d) Improving processes for review of clean energy projects under the state environmental policy act;
(e) Requiring preparation of separate nonproject environmental impact statements for green electrolytic and
renewable hydrogen projects and colocated battery energy storage facilities, onshore utility-scale wind energy
projects and colocated battery energy storage facilities, and for solar energy projects and colocated battery
energy storage facilities, with the goal of preparing these nonproject reviews by June 30, 2025; and (f)
Requiring the Washington State University energy program to complete by June 30, 2025, a siting information
process for pumped storage projects in Washington.
PART 1
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL
NEW SECTION. Sec. 101. INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL. (1) The
interagency clean energy siting coordinating council is created. The coordinating council is cochaired by the
department of commerce and the department of ecology with participation from the following:
(a) The office of the governor;
(b) The energy facility site evaluation council;
(c) The department of fish and wildlife;
(d) The department of agriculture;
(e) The governor's office of Indian affairs;
(f) The department of archaeology and historic preservation;
(g) The department of natural resources;
(h) The department of transportation;
(i) The utilities and transportation commission;
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 45
(j) The governor's office for regulatory innovation and assistance;
(k) Staff from the environmental justice council; and
(l) Other state and federal agencies invited by the department of commerce and the department of ecology
with key roles in siting clean energy to participate on an ongoing or ad hoc basis.
(2) The department of commerce and department of ecology shall assign staff in each agency to lead the
coordinating council's work and provide ongoing updates to the governor and appropriate committees of the
legislature, including those with jurisdiction over the environment, energy, or economic development policy.
(3) For purposes of this section and section 102 of this act, "coordinating council" means the interagency clean
energy siting coordinating council created in this section.
NEW SECTION. Sec. 102. INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL DUTIES. (1) The
responsibilities of the coordinating council include, but are not limited to:
(a) Identifying actions to improve siting and permitting of clean energy projects as defined in section 201 of
this act, including through review of the recommendations of the department of ecology and department of
commerce's 2022 Low Carbon Energy Facility Siting Improvement Report, creating implementation plans and
timelines, and making recommendations for needed funding or policy changes;
(b) Tracking federal government efforts to improve clean energy project siting and permitting, including
potential federal funding sources, and identifying state agency actions to improve coordination across state,
local, and federal processes or to pursue supportive funding;
(c) Conducting outreach to parties with interests in clean energy siting and permitting for ongoing input on how
to improve state agency processes and actions;
(d) Establishing work groups as needed to focus on specific energy types such as solar, wind, battery storage,
or emerging technologies, or specific geographies for clean energy project siting;
(e) The creation of advisory committees deemed necessary to inform the development of items identified in
(a) through (d) of this subsection;
(f) Supporting the governor's office of Indian affairs in creating and updating annually, or when requested by a
federally recognized Indian tribe, a list of contacts at federally recognized Indian tribes, applicable tribal laws
on consultation from federally recognized Indian tribes, and tribal preferences regarding outreach about clean
energy project siting and permitting, such as outreach by developers directly, by state government in the
government-to-government relationship, or both;
(g) Supporting the department of archaeology and historic preservation, the governor's office of Indian affairs,
the department of commerce, and the energy facility site evaluation council in developing and providing to
clean energy project developers a training on consultation and engagement processes for federally recognized
Indian tribes. The governor's office of Indian affairs must collaborate with federally recognized Indian tribes in
the development of the training;
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 46
(h) Supporting the department of archaeology and historic preservation in updating the statewide predictive
archaeological model to provide clean energy project developers information about where archaeological
resources are likely to be found and the potential need for archaeological investigations; and
(i) Supporting and promptly providing information to the department of ecology in support of the nonproject
reviews required under section 303 of this act.
(2) The coordinating council shall provide an annual report beginning October 1, 2024, to the governor and the
appropriate committees of the legislature summarizing: Progress on efficient, effective, and responsible siting
and permitting of clean energy projects; areas of additional work, including where clean energy project siting
and permitting outcomes are not broadly recognized as efficient, effective, or responsible; resource needs;
recommendations for future nonproject environmental impact statements for categories of clean energy
projects; and any needed policy changes to help achieve the deployment of clean energy necessary to meet
the state's statutory greenhouse gas emissions limits, chapter 70A.45 RCW, and the clean energy
transformation act requirements, chapter 19.405 RCW, and to support achieving the state energy strategy
adopted by the department of commerce.
(3) The coordinating council shall:
(a) Advise the department of commerce in:
(i) Contracting with an external, independent third party to:
(A) Carry out an evaluation of state agency siting and permitting processes for clean energy projects and
related federal and state regulatory requirements, including the energy facility site evaluation council
permitting process authorized in chapter 80.50 RCW;
(B) Identify successful models used in other states for the siting and permitting of projects similar to clean
energy projects, including local and state government programs to prepare build ready clean energy sites; and
(C) Develop recommendations for improving these processes, including potential policy changes and funding,
with the goal of more efficient, effective siting of clean energy projects; and
(ii) Reporting on the evaluation and recommendations in (a)(i) of this subsection to the governor and the
legislature by July 1, 2024;
(b) Pursue development of a consolidated clean energy application similar to the joint aquatic resources
permit application for, at a minimum, state permits needed for clean energy projects. The department of
ecology shall lead this effort and engage with federal agencies and local governments to explore inclusion of
federal and local permit applications as part of the consolidated application. The department may design a
single consolidated application for multiple clean energy project types, may design separate applications for
individual clean energy technologies, or may design an application for related resources. The department of
ecology shall provide an update on its development of consolidated permit applications for clean energy
projects to the governor and legislature by December 31, 2024. The consolidated permit application process
must be available, but not required, for clean energy projects;
(c) Explore development of a consolidated permit for clean energy projects. The department of ecology shall
lead this effort and, in consultation with federally recognized Indian tribes, explore options including a clean
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 47
energy project permit that consolidates department of ecology permits only, or that consolidates permits from
multiple state and local agencies. The permit structure must identify criteria or conditions that must be met for
projects to use the consolidated permit. The department of ecology may analyze criteria or conditions as part
of a nonproject review under chapter 43.21C RCW. The department of ecology shall update the legislature on
its evaluation of consolidated permit options and make recommendations by October 1, 2024;
(d) Determine priorities for categories of clean energy projects to be the focus of new nonproject
environmental impact statements under chapter 43.21C RCW for the legislature to fund subsequent to the
nonproject environmental impact statements specified in section 302 of this act; and
(e) Consider and provide recommendations to the legislature on additional benefits that could be provided to
projects designated as clean energy projects of statewide significance under section 203 of this act.
PART 2
CLEAN ENERGY PROJECTS OF STATEWIDE SIGNIFICANCE AND CLEAN ENERGY COORDINATED PERMITTING
PROCESS
NEW SECTION. Sec. 201. DEFINITIONS. The definitions in this section apply throughout this chapter unless the
context clearly requires otherwise.
(1) "Alternative energy resource" has the same meaning as defined in RCW 80.50.020.
(2) "Alternative jet fuel" means a fuel that can be blended and used with conventional petroleum jet fuels
without the need to modify aircraft engines and existing fuel distribution infrastructure and that meets the
greenhouse gas emissions reduction requirements that apply to biomass-derived fuels as defined in RCW
70A.65.010. "Alternative jet fuel" includes jet fuels derived from coprocessed feedstocks at a conventional
petroleum refinery.
(3) "Applicant" means a person applying to the department of commerce for designation of a development
project as a clean energy project of statewide significance under this chapter.
(4)(a) "Associated facilities" means storage, transmission, handling, or other related and supporting facilities
connecting a clean energy project with the existing energy supply, processing, or distribution system including,
but not limited to, battery energy storage communications, controls, mobilizing or maintenance equipment,
instrumentation, and other types of ancillary storage and transmission equipment, off-line storage or venting
required for efficient operation or safety of the transmission system and overhead, and surface or subsurface
lines of physical access for the inspection, maintenance, and safe operations of the transmission facility and
new transmission lines constructed to operate at nominal voltages of at least 115,000 volts to connect a clean
energy project to the northwest power grid.
(b) Common carrier railroads or motor vehicles are not associated facilities.
(5) "Clean energy product manufacturing facility" means a facility or a project at any facility that exclusively or
primarily manufactures the following products or components primarily used by such products:
(a) Vehicles, vessels, and other modes of transportation that emit no exhaust gas from the onboard source of
power, other than water vapor;
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 48
(b) Charging and fueling infrastructure for electric, hydrogen, or other types of vehicles that emit no exhaust
gas from the onboard source of power, other than water vapor;
(c) Renewable or green electrolytic hydrogen, including preparing renewable or green electrolytic hydrogen for
distribution as an energy carrier or manufacturing feedstock, or converting it to a green hydrogen carrier;
(d) Equipment and products used to produce energy from alternative energy resources;
(e) Equipment and products used to produce nonemitting electric generation as defined in RCW 19.405.020;
(f) Equipment and products used at storage facilities;
(g) Equipment and products used to improve energy efficiency;
(h) Semiconductors or semiconductor materials as defined in RCW 82.04.2404; and
(i) Projects or facility upgrades undertaken by emissions-intensive, trade-exposed industries as classified in
RCW 70A.65.110 for which the facility can demonstrate expected reductions in overall facility greenhouse gas
emissions to align with the cap trajectory under chapter 70A.65 RCW, where the project does not degrade local
air quality.
(6) "Clean energy project" means the following facilities together with their associated facilities:
(a) Clean energy product manufacturing facilities;
(b) Electrical transmission facilities;
(c) Facilities to produce nonemitting electric generation or electric generation from renewable resources, as
defined in RCW 19.405.020, except for:
(i) Hydroelectric generation that includes new diversions, new impoundments, new bypass reaches, or the
expansion of existing reservoirs constructed after May 7, 2019, unless the diversions, bypass reaches, or
reservoir expansions are necessary for the operation of a pumped storage facility that: (A) Does not conflict
with existing state or federal fish recovery plans; and (B) complies with all local, state, and federal laws and
regulations; and
(ii) Hydroelectric generation associated with facilities or persons that have been the subject of an enforcement
action, penalty order, or settled any enforcement action or penalty order with any agreement to pay a penalty or
pay for or conduct mitigation under chapter 90.48 or 77.55 RCW during the preceding 15 years that resulted in
the payment of a penalty of at least $100,000 or conducting mitigation with a value of at least $100,000;
(d) Storage facilities;
(e) Facilities or projects at any facilities that exclusively or primarily process biogenic feedstocks into biofuel
as defined in RCW 280.50.020;
(f) Biomass energy facilities as defined in RCW 19.405.020; or
(g) Facilities or projects at any facilities that exclusively or primarily process alternative jet fuel.
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 49
(7) "Electrical transmission facilities" has the same meaning as defined in RCW 80.50.020, except excluding
electrical transmission facilities that primarily or solely serve facilities that generate 9electricity from fossil
fuels.
(8) "Fully coordinated permit process" means a comprehensive coordinated permitting assistance approach
supported by a written agreement between the project proponent, the department of ecology, and the
participating agencies.
(9) "Fully coordinated project" means a clean energy project subject to the fully coordinated permit process.
(10) "Green electrolytic hydrogen" has the same meaning as defined in RCW 80.50.020.
(11) "Green hydrogen carrier" has the same meaning as defined in RCW 80.50.020.
(12) "Overburdened community" has the same meaning as defined in RCW 70A.02.010.
(13) "Permit" means any permit, license, certificate, use authorization, or other form of governmental review or
approval required in order to construct, expand, or operate a project in the state of Washington.
(14) "Permit agency" means any state or local agency authorized by law to issue permits.
(15) "Project proponent" means a person, business, or any entity applying for or seeking a permit or permits in
the state of Washington.
(16) "Reasonable costs" means direct and indirect expenses incurred by the department of ecology,
participating agencies, or local governments in carrying out the coordinated permit process established in this
chapter, including the initial assessment, environmental review, and permitting. "Reasonable costs" includes
work done by agency or local government staff or consultants hired by agencies or local governments to carry
out the work plan. "Reasonable costs" may also include other costs agreed to between the applicant and the
department of ecology, participating agencies, or local governments.
(17) "Renewable hydrogen" has the same meaning as defined in RCW 80.50.020.
(18) "Renewable natural gas" has the same meaning as defined in RCW 80.50.020.
(19) "Renewable resource" has the same meaning as defined in RCW 80.50.020.
(20) "Storage facility" has the same meaning as defined in RCW 80.50.020.
NEW SECTION. Sec. 202. CLEAN ENERGY PROJECTS OF STATEWIDE SIGNIFICANCE—APPLICATION
PROCESS. (1) The department of commerce shall develop an application for the designation of clean energy
projects as clean energy projects of statewide significance.
(2) An application to the department of commerce by an applicant under this section must include:
(a) Information regarding the location of the project;
(b) Information sufficient to demonstrate that the project qualifies as a clean energy project;
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 50
(c) An explanation of how the project is expected to contribute to the state's achievement of the greenhouse
gas emission limits in chapter 70A.45 RCW and is consistent with the state energy strategy adopted by the
department of commerce, as well as any contribution that the project is expected to make to other state
regulatory requirements for clean energy and greenhouse gas emissions, including the requirements of
chapter 19.405, 70A.30, 70A.60, 70A.65, 70A.535, or 70A.540 RCW;
(d) An explanation of how the project is expected to contribute to the state's economic development goals,
including information regarding the applicant's average employment in the state for the prior year, estimated
new employment related to the project, estimated wages of employees related to the project, and estimated
time schedules for completion and operation;
(e) A plan for engagement and information sharing with potentially affected federally recognized Indian tribes;
(f) A description of potential community benefits and impacts from the project, a plan for community
engagement in the project development, and an explanation of how the applicant might use a community
benefit agreement or other legal document that stipulates the benefits that the developer agrees to fund or
furnish, in exchange for community support of a project; and
(g) Other information required by the department of commerce.
NEW SECTION. Sec. 203. CLEAN ENERGY PROJECTS OF STATEWIDE 4SIGNIFICANCE—DEPARTMENT OF
COMMERCE DECISION. (1)(a) The department of commerce, in consultation with natural resources agencies
and other state agencies identified as likely to have a role in siting or permitting a project, must review
applications received under section 202 of this act. Within 14 business days of receiving the application, the
department of commerce must mail or provide in person a written determination that the application is
complete, or if the application is incomplete, an opportunity to meet with the department of commerce to
determine what is necessary to make the application complete. Within seven business days after an applicant
has submitted additional information identified by the department of commerce as being necessary for a
complete application, the department of commerce must notify the applicant whether the application is
complete or what additional information is necessary.
(b) When the application is complete, the director of the department of commerce must determine within 60
business days whether to designate an applicant's project as a clean energy project of statewide significance.
(c) A determination of completeness does not preclude the department of commerce from requesting
additional information if new information is required or substantial changes in the proposed project occur.
(2) The department of commerce may designate a clean energy project of statewide significance taking into
consideration:
(a) Whether the project qualifies as a clean energy project;
(b) Whether the project will: Contribute to achieving state emission reduction limits under chapter 70A.45 RCW;
be consistent with the state energy strategy adopted by the department of commerce; contribute to achieving
other state requirements for clean energy and greenhouse gas emissions reductions; and support the state's
economic development goals;
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 51
(c) Whether the level of applicant need for coordinated state assistance, including for siting and permitting and
the complexity of the project, warrants the designation of a project;
(d) Whether the project is proposed for an area or for a clean energy technology that has been reviewed
through a nonproject environmental review process, or least-conflict siting process including, but not limited to,
the processes identified in sections 303 and 306 of this act, and whether the project is consistent with the
recommendations of such processes;
(e) Whether the project is anticipated to have potential near-term or long-term significant positive or adverse
impacts on environmental and public health, including impacts to:
(i) State or federal endangered species act listed species in Washington;
(ii) Overburdened communities; and
(iii) Rights, interests, and resources, including tribal cultural resources, of potentially affected federally
recognized Indian tribes; and
(f) Input received from potentially affected federally recognized Indian tribes, which the department must
solicit and acknowledge the receipt of.
(3) In determining whether to approve an application, the department of commerce must consider information
contained in an application under section 202 of this act demonstrating an applicant's tribal outreach and
engagement, engagement with the department of archaeology and historic preservation, and engagement with
the governor's office of Indian affairs.
(4)(a) The department of commerce may designate an unlimited number of projects of statewide significance
that meet the criteria of this section.
(b) An applicant whose application to the department of commerce under this chapter is not successful is
eligible to reapply.
NEW SECTION. Sec. 204. CLEAN ENERGY COORDINATED PERMITTING PROCESS—DEPARTMENT OF
ECOLOGY DUTIES. An optional, fully coordinated permit process is established for clean energy projects that
do not apply to the energy facility site evaluation council under chapter 80.50 RCW. In support of the
coordinated permitting process for clean energy projects, the department of ecology must:
(1) Act as the central point of contact for the project proponent for the coordinated permitting process for
projects that do not apply to the energy facility site evaluation council under chapter 80.50 RCW and
communicate with the project proponent about defined issues;
(2) Conduct an initial assessment of the proposed project review and permitting actions for coordination
purposes as provided in section 205 of this act;
(3) Ensure that the project proponent has been informed of all the information needed to apply for the state
and local permits that are included in the coordinated permitting process;
(4) Facilitate communication between project proponents and agency staff to promote timely permit decisions
and promote adherence to agreed schedules;
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 52
(5) Verify completion among participating agencies of administrative review and permit procedures, such as
providing public notice;
(6) Assist in resolving any conflict or inconsistency among permit requirements and conditions;
(7) Consult with potentially affected federally recognized Indian tribes as provided in section 209 of this act in
support of the coordinated permitting process;
(8) Engage with potentially affected overburdened communities as provided in section 209 of this act;
(9) Manage a fully coordinated permitting process; and
(10) Coordinate with local jurisdictions to assist with fulfilling the requirements of chapter 36.70B RCW and
other local permitting processes.
NEW SECTION. Sec. 205. CLEAN ENERGY COORDINATED PERMITTING PROCESS INITIAL ASSESSMENT. (1)
Upon the request of a proponent of a clean energy project, the department of ecology must conduct an initial
assessment to determine the level of coordination needed, taking into consideration the complexity of the
project and the experience of those expected to be involved in the project application and review process.
(2) The initial project assessment must consider the complexity, size, and need for assistance of the project
and must address as appropriate:
(a) The expected type of environmental review;
(b) The state and local permits or approvals that are anticipated to be required for the project;
(c) The permit application forms and other application requirements of the participating permit agencies;
(d) The anticipated information needs and issues of concern of each participating agency; and
(e) The anticipated time required for the environmental review process under chapter 43.21C RCW and permit
decisions by each participating agency, including the estimated time required to determine if the permit
applications are complete, to conduct the environmental review under chapter 43.21C RCW, and conduct
permitting processes for each participating agency. In determining the estimated time required, full
consideration must be given to achieving the greatest possible efficiencies through any concurrent studies and
any consolidated applications, hearings, and comment periods.
(3) The outcome of the initial assessment must be documented in writing, furnished to the project proponent,
and be made available to the public.
(4) The initial assessment must be completed within 60 days of the clean energy project proponent's request
to the department under this section, unless information on the project is not complete.
NEW SECTION. Sec. 206. CLEAN ENERGY COORDINATED PERMITTING PROCESS REQUIREMENTS AND
PROCEDURES. (1) A project proponent may submit a written request to the department of ecology pursuant to
section 208 of this act and a local government development agreement to support local government actions
pursuant to section 207 of this act for participation in a fully coordinated permitting process. To be eligible to
participate in the fully coordinated permit process:
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 53
(a) The project proponent must:
(i) Enter into a cost-reimbursement agreement pursuant to section 208 of this act;
(ii) Provide sufficient information on the project and project site to identify probable significant adverse
environmental impacts;
(iii) Provide information on any voluntary mitigation measures; and
(iv) Provide information on engagement actions taken by the proponent with federally recognized Indian tribes,
local government, and overburdened communities; and
(b) The department of ecology must determine that the project raises complex coordination, permit
processing, or substantive permit review issues.
(2) A project proponent who requests designation as a fully coordinated project must provide the department
of ecology with a complete description of the project. The department of ecology may request any information
from the project proponent that is necessary to make the designation under this section and may convene a
meeting of the likely participating permit agencies.
(3) For a fully coordinated permitting process, the department of ecology must serve as the main point of
contact for the project proponent and participating agencies with regard to coordinating the permitting
process for the project as a whole. Each participating permit agency must designate a single point of contact
for coordinating with the department of ecology. The department of ecology must keep a schedule identifying
required procedural steps in the permitting process and highlighting substantive issues as appropriate that
must be resolved in order for the project to move forward. In carrying out these responsibilities, the department
of ecology must:
(a) Conduct the duties for the coordinated permitting process as described in section 205 of this act;
(b)(i) Reach out to tribal or federal jurisdictions responsible for issuing a permit for the project and invite them
to participate in the coordinated permitting process or to receive periodic updates of the project;
(ii) Reach out to local jurisdictions responsible for issuing a permit for the project and inform them of their
obligations under section 207 of this act.
(4) Within 30 days, or longer with agreement of the project proponent, of the date that the department of
ecology determines a project is eligible for the fully coordinated permitting process, the department of ecology
shall convene a work plan meeting with the project proponent, local government, and the participating permit
agencies to develop a coordinated permitting process schedule. The work plan meeting agenda may include
any of the following:
(a) Review of the permits that are anticipated for the project;
(b) A review of the permit application forms and other application requirements of the agencies that are
participating in the coordinated permitting process;
(c) An estimation of the timelines that will be used by each participating permit agency to make permit
decisions, including the estimated time periods required to determine if the permit applications are complete
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 54
and to review or respond to each application or submittal of new information. In the development of this
timeline, full attention must be given to achieving the maximum efficiencies possible through concurrent
studies and consolidated applications, hearings, and comment periods; or
(d) An estimation of reasonable costs for the department of ecology, participating agencies, and the county,
city, or town in which the project is proposed for environmental review and permitting, based on known
information about the project.
(5) Each participating agency and the lead agency under chapter 43.21C RCW must send at least one
representative qualified to discuss the applicability and timelines associated with all permits 10administered
by that agency or jurisdiction to the work plan meeting. The department of ecology must notify any relevant
federal agency or potentially affected federally recognized Indian tribe of the date of the meeting and invite
them to participate in the process.
(6) Any accelerated time period for the consideration of a permit application or for the completion of the
environmental review process under chapter 43.21C RCW must be consistent with any statute, rule, or
regulation, or adopted state policy, standard, or guideline that requires the participation of other agencies,
federally recognized Indian tribes, or interested persons in the application process.
(7) Upon the completion of the work plan meeting under subsection (4) of this section, the department of
ecology must finalize the coordinated permitting process schedule, share it in writing with the project
proponent, participating state agencies, lead agencies under chapter 43.21C RCW, and cities and counties
subject to an agreement specified in section 207 of this act, and make the schedule available to the public.
(8) As part of the coordinated permit process, the developer may prepare a community benefit agreement or
other similar document to identify how to mitigate potential community impacts or impacts to tribal rights and
resources, including cultural resources. The agreement should include benefits in addition to jobs or tax
revenues resulting from the project. Approval of any benefit agreement or other legal document stipulating the
benefits that the developer agrees to fund or furnish, in exchange for community or tribal government support
of the project, must be made by the local government legislative authority of the county, city, or town in which
the project is proposed or by the relevant federally recognized Indian tribal government.
(9) If a lead agency under chapter 43.21C RCW, a permit agency, or the project proponent foresees, at any time,
that it will be unable to meet the estimated timelines or other obligations under the schedule agreement, it
must notify the department of ecology of the reasons for the delay and offer potential solutions or an amended
timeline. The department of ecology must notify the participating agencies and the project proponent and,
upon agreement of all parties, adjust the schedule or, if necessary, schedule another work plan meeting.
(10) The project proponent may withdraw from the coordinated permitting process by submitting to the
department of ecology a written request that the process be terminated. Upon receipt of the request, the
department of ecology must notify each participating agency that a coordinated permitting process is no
longer applicable to the project.
(11)(a) Permitting decisions made by state and local jurisdictions under the fully coordinated permitting
process in this chapter are considered final, subject to any appeals process available to applicants or other
parties. Applicants utilizing the fully coordinated permitting process in this chapter are not eligible for
permitting under chapter 80.50 RCW unless a substantial change is made to the proposed project.
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 55
(b) Prior to considering an application under chapter 80.50 RCW from a project applicant that has previously
used the fully coordinated permitting process under this chapter for the project, the energy facility site
evaluation council must determine that the project applicant has made a substantial change to the project,
relative to the project as it was proposed under the fully coordinated permitting process.
NEW SECTION. Sec. 207. CLEAN ENERGY COORDINATED PERMITTING PROCESS—LOCAL JURISDICTION
AGREEMENTS. (1)(a) Counties and cities with clean energy projects that are determined to be eligible for the
fully coordinated permit process shall enter into an agreement with the department of ecology or with the
project proponents of clean energy projects for expediting the completion of projects.
(b) For the purposes of this section, "expedite" means that a county or city will develop and implement a
method to accelerate the process for permitting and environmental review. Expediting should not disrupt or
otherwise delay the permitting and environmental review of other projects or require the county or city to incur
additional costs that are not compensated.
(2) Agreements required by this section must include requirements that the county or city coordinate with the
department of ecology and conduct environmental review and permitting to align with the work plan described
in section 206(4) of this act and:
(a) Expedite permit processing for the design and construction of the project;
(b) Expedite environmental review processing;
(c) Expedite processing of requests for street, right-of-way, or easement vacations necessary for the
construction of the project;
(d) Develop and follow a plan for consultation with potentially affected federally recognized Indian tribes; and
(e) Carry out such other actions identified by the department of ecology as needed for the fully coordinated
permitting process.
NEW SECTION. Sec. 208. CLEAN ENERGY COORDINATED PERMITTING PROCESS—COST-REIMBURSEMENT
AGREEMENTS. (1) For a fully coordinated permitting process, a project proponent must enter into a cost-
reimbursement agreement with the department of ecology in accordance with RCW 43.21A.690. The cost-
reimbursement agreement is to recover reasonable costs incurred by the department of ecology and
participating agencies in carrying out the coordinated permitting process.
(2) The cost-reimbursement agreement may include deliverables and schedules for invoicing and
reimbursement.
(3) For a fully coordinated permitting process, a project proponent must enter into a development agreement
with the county, city, or town in which the project is proposed, in accordance with the authorization and
requirements in RCW 36.70B.170 through 36.70B.210. The development agreement must detail the obligations
of the local jurisdiction and the project applicant. It must also include, but not be limited to, the process the
county, city, or town will implement for meeting its obligation to expedite the application, other clarifications
for project phasing, and an estimate of reasonable costs.
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 56
(4) For a fully coordinated permitting process, a project proponent may enter directly into a cost-
reimbursement agreement similar to that described in subsection (1) of this section, to reimburse the costs of
a federally recognized Indian tribe for reviewing and providing input on the siting and permitting of a clean
energy project.
(5) If a project proponent foresees, at any time, that it will be unable to meet its obligations under the
agreement, it must notify the department of ecology and state the reasons, along with proposals for resolution.
NEW SECTION. Sec. 209. CLEAN ENERGY COORDINATED PERMITTING PROCESS—TRIBAL CONSULTATION
AND OVERBURDENED COMMUNITY ENGAGEMENT. (1)(a) The department of ecology must offer early,
meaningful, and individual consultation with any affected federally recognized Indian tribe on designated clean
energy projects participating in the coordinated permitting process for the purpose of understanding potential
impacts to tribal rights, interests, and resources, including tribal cultural resources, archaeological sites,
sacred sites, fisheries, or other rights and interests in tribal lands and lands within which an Indian tribe or
tribes possess rights reserved or protected by federal treaty, statute, or executive order. The consultation is
independent of, and in addition to, any public participation process required by state law, or by a state agency.
The goal of the consultation process is to support the coordinated permitting process by early identification of
tribal rights, interests, and resources, including tribal cultural resources, potentially affected by the project, and
identifying solutions, when possible, to avoid, minimize, or mitigate any adverse effects on tribal rights,
interests, or resources, including tribal cultural resources, based on environmental or permit reviews.
(b) At the earliest possible date after the initiation of the coordinated permitting process under this chapter, the
department of ecology shall engage in a preapplication process with all affected federally recognized Indian
tribes potentially impacted by the project.
(i) The department of ecology must notify the department of archaeology and historic preservation, the
department of fish and wildlife, and all affected federally recognized Indian tribes potentially impacted by the
project. The notification must include geographical location, detailed scope of the proposed project,
preliminary proposed project details available to federal, state, or local governmental jurisdictions, and all
publicly available materials.
(ii) The department of ecology must also offer to discuss the project with the department of archaeology and
historic preservation, the department of fish and wildlife, and all affected federally recognized Indian tribes
potentially impacted by the project. Any resultant discussions must include the project's impact to tribal rights,
interests, and resources, including tribal cultural resources, archaeological sites, sacred sites, fisheries, or
other rights and interests in tribal lands and lands within which a tribe or tribes possess rights reserved or
protected by federal treaty, statute, or executive order.
(iii) All affected federally recognized Indian tribes may submit to the department of ecology a summary of
tribal issues, questions, concerns, or other statements regarding the project, which must become part of the
official files maintained by the department of ecology for the coordinated permitting process. The summary
does not limit what issues affected federally recognized Indian tribes may raise in the consultation process.
(iv) The notification and offer to initiate discussion must be documented by the department of ecology and
delivered to the department of archaeology and historic preservation, the department of fish and wildlife, and
to the affected federally recognized Indian tribe or tribes. If the discussions pursuant to (b)(ii) of this
subsection do not occur, the department of ecology must document the reason why the discussion or
discussions did not occur.
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 57
(v) Nothing in this section may be interpreted to require the disclosure of information that is exempt from
disclosure pursuant to RCW 42.56.300 or federal law, including section 304 of the national historic
preservation act of 1966. Any information that is exempt from disclosure pursuant to RCW 42.56.300 or
federal law, including section 304 of the national historic preservation act of 1966, shall not become part of
publicly available coordinated permitting process files.
(2) The department of ecology must identify overburdened communities, as defined in RCW 70A.02.010, which
may be potentially affected by clean energy projects participating in the coordinated permitting process. The
department of ecology must verify these communities have been meaningfully engaged in the regulatory
processes in a timely manner by participating agencies and their comments considered for determining
potential impacts.
NEW SECTION. Sec. 210. MISCELLANEOUS. (1) Nothing in this chapter:
(a) Prohibits an applicant, a project proponent, a state agency, a local government, or a federally recognized
Indian tribe from entering into a nondisclosure agreement to protect confidential business information, trade
secrets, financial information, or other proprietary information;
(b) Limits or affects other statutory provisions specific to any state agency related to that agency's procedures
and protocols related to the identification, designation, or disclosure of information identified as confidential
business information, trade secrets, financial information, or other proprietary information;
(c) Limits or affects the provisions of chapter 42.56 RCW as they apply to information or nondisclosure
agreements obtained by a state agency under this chapter; or
(d) Relieves the responsible official under chapter 43.21C RCW for an action of the official's responsibilities
under that chapter.
(2) The decisions by the department of commerce to designate a clean energy project of statewide
significance must be made available to the public. Regardless of any exemptions otherwise set forth in RCW
42.56.270, publicly shared information must include the designee's name, a brief description of the project, the
intended project location, a description of climate and economic development benefits to the state and
communities therein, a tribal engagement plan, a community engagement plan, and a community benefit
agreement if applicable.
(3) The department of commerce may terminate a designation of a clean energy project of statewide
significance for reasons that include, but are not limited to, failure to comply with requirements of the
designation or the emergence of new information that significantly alters the department of commerce's
assessment of the applicant's application, project, or project proponent. The department of commerce must
notify the applicant, project proponent, and the department of ecology of the termination in writing within 30
days.
(4) Nothing in this chapter affects the jurisdiction of the energy facility site evaluation council under chapter
80.50 RCW.
(5) This chapter does not limit or abridge the powers and duties granted to a participating permit agency under
the law or laws that authorizes or requires the agency to issue a permit for a project.
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 58
Each participating permit agency retains its authority to make all decisions on all substantive matters with
regard to the respective component permit that is within its scope of its responsibility including, but not limited
to, the determination of permit application completeness, permit approval or approval with conditions, or
permit denial.
NEW SECTION. Sec. 211. A new section is added to chapter 80.50 RCW to read as follows:
Applicants utilizing the fully coordinated permitting process under chapter 43.--- RCW (the new chapter created
in section 402 of this act) are not eligible for permitting under this chapter unless a substantial change is made
to the proposed project. Prior to considering an application under this chapter from a project applicant that has
previously used the fully coordinated permitting process under chapter 43.--- RCW (the new chapter created in
section 402 of this act) for that project, the council must determine that the project applicant has made a
substantial change to the project, relative to the project as it was proposed under the fully coordinated
permitting process.
PART 320
PERMITTING AND ENVIRONMENTAL REVIEW PROVISIONS FOR CLEAN ENERGY PROJECTS
NEW SECTION. Sec. 301. A new section is added to chapter 43.21C RCW to read as follows:
SEPA CLEAN ENERGY FACILITIES. (1) The definitions in this subsection apply throughout this section unless
the context clearly requires otherwise.
(a) "Alternative energy resource" has the same meaning as defined in RCW 80.50.020.
(b) "Alternative jet fuel" has the same meaning as defined in section 201 of this act.
(c) "Associated facilities" has the same meaning as defined in section 201 of this act.
(d) "Clean energy product manufacturing facility" has the same meaning as defined in section 201 of this act.
(e) "Clean energy project" has the same meaning as defined in section 201 of this act.
(f) "Closely related proposals" means proposals that:
(i) Cannot or will not proceed unless the other proposals, or parts of proposals, are implemented
simultaneously with them; or
(ii) Are interdependent parts of a larger proposal and depend on the larger proposal as their justification or for
their implementation.
(g) "Green electrolytic hydrogen" has the same meaning as defined in RCW 80.50.020
(h) "Green hydrogen carrier" has the same meaning as defined in RCW 80.50.020.
(i) "Renewable hydrogen" has the same meaning as defined in RCW 80.50.020.
(j) "Renewable natural gas" has the same meaning as defined in RCW 80.50.020.
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 59
(k) "Renewable resource" has the same meaning as defined in RCW 80.50.020.
(l) "Storage facility" has the same meaning as defined in RCW 80.50.020.
(2)(a) 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.
(b) 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.
(c) 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.
(3)(a) 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.
(b) 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:
(i) Applicant agrees to a longer time limit; and
(ii) Responsible official for the lead agency maintains an updated schedule available for public review.
(c) 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:
(i) Include a list of, and roles and responsibilities for, all entities that have actions requiring review under this
chapter for the project;
(ii) 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;
(iii) Be completed within 60 days of issuance of a determination of significance;
(iv) Be updated as needed, but no later than days of missing a date on the schedule; and
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 60
(v) Be available for public review on the state environmental policy act register.
(d) 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.
(e) 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.
(f) For clean energy projects, the provisions of this subsection are in addition to the requirements of RCW
43.21C.0311.
(4) This subsection provides clarifications on the content of review under this chapter specific to clean energy
projects.
(a) 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:
(i) Proposals are closely related; or
(ii) Applicant agrees to combining the proposals' evaluation.
(b) 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.
NEW SECTION. Sec. 302. A new section is added to chapter 43.21C 17RCW to read as follows:
NONPROJECT ENVIRONMENTAL IMPACT STATEMENTS. (1) The department of ecology shall prepare
nonproject environmental impact statements, pursuant to RCW 43.21C.030, that assess and disclose the
probable significant adverse environmental impacts, and that identify related mitigation measures, for each of
the following categories of clean energy projects, and colocated battery energy storage projects that may be
included in such projects:
(a) Green electrolytic or renewable hydrogen projects;
(b) Utility-scale solar energy projects, which will consider the findings of the Washington State University least-
conflict solar siting process; and
(c) Onshore utility-scale wind energy projects.
(2) The scope of a nonproject environmental review shall be limited to the probable, significant adverse
environmental impacts in geographic areas that are suitable for the applicable clean energy type. The
department of ecology may consider standard attributes for likely development, proximity to existing
transmission or complementary facilities, and planned corridors for transmission capacity construction,
reconstruction, or enlargement. The nonproject review is not required to evaluate geographic areas that lack
the characteristics necessary for the applicable clean energy project type.
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 61
(3)(a) The scope of nonproject environmental impact statements must consider, as appropriate, analysis of
the following probable significant adverse environmental impacts, including direct, indirect, and cumulative
impacts to:
(i) Historic and cultural resources;
(ii) Species designated for protection under RCW 77.12.020 or the federal endangered species act;
(iii) Landscape scale habitat connectivity and wildlife migration corridors;
(iv) Environmental justice and overburdened communities as defined in RCW 70A.02.010;
(v) Cultural resources and elements of the environment relevant to tribal rights, interests, and resources
including tribal cultural resources, and fish, wildlife, and their habitat;
(vi) Land uses, including agricultural and ranching uses; and
(vii) Military installations and operations.
(b) The nonproject environmental impact statements must identify measures to avoid, minimize, and mitigate
probable significant adverse environmental impacts identified during the review. These include measures to
mitigate probable significant adverse environmental impacts to elements of the environment as defined in
WAC 197-11-444 as it existed as of January 1, 2023, tribal rights, interests, and resources, including tribal
cultural resources, as identified in RCW 70A.65.305, and overburdened communities as defined in RCW
70A.02.010. The department of ecology shall consult with federally recognized Indian tribes and other
agencies with expertise in identification and mitigation of probable, significant adverse environmental impacts
including, but not limited to, the department of fish and wildlife. The department of ecology shall further
specify when probable, significant adverse environmental impacts cannot be mitigated.
(4) In defining the scope of nonproject review of clean energy projects, the department of ecology shall request
input from agencies, federally recognized Indian tribes, industry, stakeholders, local governments, and the
public to identify the geographic areas suitable for the applicable clean energy project type, based on the
climatic and geophysical attributes conducive to or required for project development. The department of
ecology will provide opportunities for the engagement of tribes, overburdened communities, and stakeholders
that self-identify an interest in participating in the processes.
(5) The department of ecology will offer early and meaningful consultation with any affected federally
recognized Indian tribe on the nonproject review under this section for the purpose of understanding potential
impacts to tribal rights and resources, including tribal cultural resources, archaeological sites, sacred sites,
fisheries, or other rights and interests in tribal lands and lands within which an Indian tribe or tribes possess
rights reserved or protected by federal treaty, statute, or executive order. Certain information obtained by the
department of ecology under this section is exempt from disclosure consistent with RCW 42.56.300.
(6) Final nonproject environmental review documents for the clean energy projects identified in subsection (1)
of this section, where applicable, shall include maps identifying probable, significant adverse environmental
impacts for the resources evaluated. Maps must be prepared with the intention to illustrate probable,
significant impacts, creating a tool that may be used by project proponents, tribes, and government to inform
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 62
decision making. The maps may not be used in the place of surveys on specific parcels of land or input of a
potentially affected federally recognized Indian tribe regarding specific parcels.
(7) Following the completion of a nonproject review subject to this section, the interagency clean energy siting
coordinating council created in section 101 of this act must consider the findings and make recommendations
to the legislature and governor on potential areas to designate as clean energy preferred zones for the clean
energy project technology analyzed, and any taxation, regulatory, environmental review, or other benefits that
should accrue to projects in such designated preferred zones.
(8) Nothing in this section prohibits or precludes projects from being located outside areas designated as
clean energy preferred zones.
NEW SECTION. Sec. 303. A new section is added to chapter 43.21C RCW to read as follows:
LEAD AGENCY USE OF NONPROJECT ENVIRONMENTAL IMPACT STATEMENT. (1) A lead agency conducting
a project-level environmental review under this chapter of a clean energy project identified in section 302(1) of
this act must consider a nonproject environmental impact statement prepared pursuant to section 302 of this
act in order to identify and mitigate project-level probable significant adverse environmental impacts.
(2)(a) Project-level environmental review conducted pursuant to this chapter of a clean energy project
identified in section 302(1) of this act must begin with review of the applicable nonproject environmental
impact statement prepared pursuant to section 302 of this act. The review must address any probable
significant adverse environmental impacts associated with the proposal that were not analyzed in the
nonproject environmental impact statements prepared pursuant to section 302 of this act. The review must
identify any mitigation measures specific to the project for probable significant adverse environmental
impacts.
(b) Lead agencies reviewing site-specific project proposals for clean energy projects under this chapter shall
use the nonproject review described in this section through one of the following methods and in accordance
with WAC 197-11-600, as it existed as of January 1, 182023:
(i) Use of the nonproject review unchanged, in accordance with RCW 43.21C.034, if the project does not cause
any probable significant adverse environmental impact not identified in the nonproject review;
(ii) Preparation of an addendum;
(iii) Incorporation by reference; or
(iv) Preparation of a supplemental environmental impact statement.
(3) Clean energy project proposals following the recommendations developed in the nonproject environment
review completed pursuant to section 302 of this act must be considered to have mitigated the probable
significant adverse project-specific environmental impacts under this chapter for which recommendations
were specifically developed unless the project-specific environmental review identifies project-level probable
significant adverse environmental impacts not addressed in the nonproject environmental review.
NEW SECTION. Sec. 304. A new section is added to chapter 36.70B RCW to read as follows:
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 63
PROHIBITION ON DEMONSTRATION OF NEED. During project review of a project to construct or improve
facilities for the generation, transmission, or distribution of electricity, a local government may not require a
project applicant to demonstrate the necessity or utility of the project other than to require, as part of a
completed application under RCW 36.70B.070(2), submission of any publicly available documentation required
by the federal energy regulatory commission or its delegees or the utilities and transportation commission or
its delegees, or from any other federal agency with regulatory authority over the assessment of electric power
transmission and distribution needs as applicable.
NEW SECTION. Sec. 305. A new section is added to chapter 36.01 RCW to read as follows:
A county may not prohibit the installation of wind and solar resource evaluation equipment necessary for the
design and environmental planning of a renewable energy project.
NEW SECTION. Sec. 306. IDENTIFYING INFORMATION FOR PUMPED STORAGE SITING. (1) The Washington
State University energy program shall conduct a process to identify issues and interests related to siting
pumped storage projects in Washington state, to support expanded capacity to store intermittently produced
renewable energy, such as from wind and solar, as part of the state's transition from fossil fuel to 100 percent
clean energy. The Washington State University energy program may decide to include within the process's
scope the colocation of pumped storage with wind or solar energy generation. The goal of the process is to
identify and understand issues and interests of various stakeholders and federally recognized Indian tribes
related to areas where pumped storage might be sited, providing useful information to developers of potential
projects, and for subsequent environmental reviews under the state environmental policy act.
(2) In carrying out this process, the Washington State University energy program shall provide ample
opportunities for the engagement of federally recognized Indian tribes, local governments and special purpose
districts, land use and environmental organizations, and additional stakeholders that self-identify as interested
in participating in the process.
(3) The Washington State University energy program must develop and make available a map and associated
GIS data layers, highlighting areas identified through the process.
(4) Any information provided by tribes will help to inform the map product, but the Washington State University
energy program may not include sensitive tribal information, as identified by federally recognized Indian tribes,
in the publicly available map or GIS data layers. The information developed by this process and creation of the
map under this section does not supplant the need for project developers to conduct early and individual
outreach to federally recognized Indian tribes and other affected communities. The Washington State
University energy program must take precautions to prevent disclosure of any sensitive tribal information it
receives during the process, consistent with RCW 42.56.300.
(5) The pumped storage siting information process must be completed by June 30, 2025.
NEW SECTION. Sec. 307. (1)(a) The department must consult with stakeholders from rural communities,
agriculture, natural resource management and conservation, and forestry to gain a better understanding of the
benefits and impacts of anticipated changes in the state's energy system, including the siting of facilities
under the jurisdiction of the energy facility site evaluation council, and to identify risks and opportunities for
rural communities. This consultation must be conducted in compliance with the community engagement plan
developed by the department under chapter 70A.02 RCW and with input from the environmental justice council,
using the best recommended practices available at the time. The department must collect the best available
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 64
information and learn from the lived experiences of people in rural communities, with the objective of
improving state implementation of clean energy policies, including the siting of energy facilities under the
jurisdiction of the energy facility site evaluation council, in ways that protect and improve life in rural
Washington. The department must consult with an array of rural community members, including: Low-income
community and vulnerable population members or representatives; legislators; local elected officials and staff;
those involved with agriculture, forestry, and natural resource management and conservation; renewable
energy project property owners; utilities; large energy consumers; and others.
(b) The consultation must include stakeholder meetings with at least one in eastern Washington and one in
western Washington.
(c) The department's consultation with stakeholders may include, but is not limited to, the following topics:
(i) Energy facility siting under the jurisdiction of the energy facility site evaluation council, including placement
of new renewable energy resources, such as wind and solar generation, pumped storage, and batteries or new
nonemitting electric generation resources, and their contribution to resource adequacy;
(ii) Production of hydrogen, biofuels, and feedstocks for clean fuels;
(iii) Programs to reduce energy cost burdens on rural families and farm operations;
(iv) Electric vehicles, farm and warehouse equipment, and charging infrastructure suitable for rural use;
(v) Efforts to capture carbon or produce energy on agricultural, forest, and other rural lands, including dual use
solar projects that ensure ongoing agricultural operations;
(vi) The use of wood products and forest practices that provide low-carbon building materials and renewable
fuel supplies; and
(vii) The development of clean manufacturing facilities, such as solar panels, vehicles, and carbon fiber.
(2)(a) The department must complete a report on rural clean energy and resilience that takes into
consideration the consultation with rural stakeholders as described in subsection (1) of this section. The
report must include recommendations for how policies, projects, and investment programs, including energy
facility siting through the energy facility site evaluation council, can be developed or amended to more
equitably distribute costs and benefits to rural communities. The report must include an assessment of how to
improve the total benefits to rural areas overall, as well as the equitable distribution of benefits and costs
within rural communities.
(b) The report must include a baseline understanding of rural energy production and consumption, and collect
data on their economic impacts. Specifically, the report must examine:
(i) Direct, indirect, and induced jobs in construction and operations;
(ii) Financial returns to property owners;
(iii) Effects on local tax revenues and public services, which must include whether any school districts had a
net loss of resources from diminished local effort assistance payments required under chapter 28A.500 RCW
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 65
and impacts to public safety, the 911 emergency communications system, mental health, criminal justice, and
rural county roads;
(iv) Effects on other rural land uses, such as agriculture, natural resource management and conservation, and
tourism;
(v) Geographic distribution of large energy projects previously sited or forecast to be sited in Washington;
(vi) Potential forms of economic development assistance and impact mitigation payments; and
(vii) Relevant information from the least-conflict priority solar siting pilot project in the Columbia basin of
eastern and central Washington required under section 607, chapter 334, Laws of 2021.
(c) The report must include a forecast of what Washington's clean energy transition will require for siting
energy projects in rural Washington. The department must gather and analyze the best available information to
produce forecast scenarios.
(d) By December 1, 2024, the department must submit a final report on rural clean energy and resilience to the
joint committee on energy supply, energy conservation, and energy resilience created in RCW 44.39.010 and
the appropriate policy and fiscal committees of the legislature.
(3) For the purposes of this section, "department" means the department of commerce.
Sec. 308. RCW 44.39.010 and 2005 c 299 s are each amended to read as follows:
There is hereby created the joint committee on energy supply ((and)), energy conservation, and energy
resilience.
Sec. 309. RCW 44.39.012 and 2005 c 299 s are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Committee" means the joint committee on energy supply ((and)), energy conservation, and energy
resilience.
(2) "Conservation" means reduced energy consumption or energy cost, or increased efficiency in the use of
energy, and activities, measures, or equipment designed to achieve such results.
NEW SECTION. Sec. 310. (1) The committee shall review the report produced by the department of commerce
under section 307 this act and consider any policy or budget recommendations to reduce impacts and
increase benefits of the clean energy transition for rural communities, including mechanisms to support local
tax revenues and public services.
(2) The committee must hold at least two meetings, at least one of which must be in eastern Washington. The
first meeting of the committee must occur by September 30, 2023.
(3) Relevant state agencies, departments, and commissions, including the energy facility site evaluation
council, shall cooperate with the committee and provide information as the chair reasonably requests.
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 66
(4) The committee shall report its findings and any recommendations to the energy facility site evaluation
council and the committees of the legislature with jurisdiction over environment and energy laws by December
1, 2024. Recommendations of the committee may be made by a simple majority of committee members. In the
event that the committee does not reach majority-supported recommendations, the committee may report
minority findings supported by at least two members of the committee.
(5) The definitions in this subsection apply throughout this section unless the context clearly requires
otherwise.
(a) "Alternative energy" means energy derived from an alternative energy resource specified in RCW
80.50.020(1).
(b) "Committee" means the joint committee on energy supply, energy conservation, and energy resilience
created in RCW 44.39.010.
(6) This section expires June 30, 2025.
PART 4
MISCELLANEOUS PROVISIONS
NEW SECTION. Sec. 401. Sections 101 and 102 of this act constitute a new chapter in Title 43 RCW.
NEW SECTION. Sec. 402. Sections 201 through 210 of this act constitute a new chapter in Title 43 RCW.
NEW SECTION. Sec. 403. 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.
Passed by the House April 14, 2023.
Passed by the Senate April 8, 2023.
Approved by the Governor May 3, 2023.
Filed in Office of Secretary of State May 4, 2023.
--- END ---
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 67
Appendix E: Status of tasks identified in HB1216
Section & Task Responsible Activities and Status Legislative Expected or Notes & Links
Agency accomplishments (by Oct 1, 2024) Due Date actual
(by Oct 1, 2024) completion
date
101 (1) Establish an All required agencies https://ecology.wa.
interagency clean participating. Accomplished Initiated gov/regulations-
ECY and COM N/A
energy siting Meets monthly since and on-going 8/2023 permits/sepa/clea
coordinating council Aug 2023. n-energy/council
Coordinating council
102 (2) ECY and COM shall provide an annual In progress Oct. 1
report
102 (1) (a) Identify
Council discusses October 1, October 1,
actions to improve
Council regularly at Council Accomplished 2024; 2024; This report fulfills
siting and permitting
members meetings and and on-going Annually Annually this task.
of clean energy
workgroups thereafter thereafter
projects
102 (1) (b) Track
October 1, October 1, Due 6.26.24 as
federal government
Council 2024; 2024; additions to
efforts to improve In progress
members Annually Annually legislative report
clean energy project
thereafter thereafter draft
siting and permitting
Independent third-party
Sec. 102 (3) (a) (i) (A) Draft findings and
evaluation of state
Evaluation of state recommendations
agency siting, models
agency siting and presented to the
COM from other states; In progress July 1 July 1
permitting processes Coordinating
Contracted to Beveridge
for clean energy Council on April 10,
and Diamond PC.
projects; 2024
102 (1) (d) Establish
Council
work groups as As needed NA NA
members
needed
102 (1) (e) Create
Council
advisory committees As needed NA NA
members
deemed necessary
102 (1) (f) Support
GOIA in creating and
Create and update list of
updating annually a Sept. 2024
GOIA contacts at tribes for In progress
list of contacts at
clean energy
federally recognized
Indian Tribes
102 (1) (g) develop
and provide to clean
energy project Tribes said they
developers a training GOIA, DAHP, have training
Develop training for
on consultation and COM, EFSEC In progress Fall 2024 already that could
developers
engagement be used.
processes for
federally recognized
Indian Tribes
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 68
102 (1) (h) Support
DAHP update on
DAHP in updating the
DAHP predictive archaeological In progress June 2024
statewide predictive
model
archaeological model
102 (1) (i) Support
Ecology in the
ECY Coordinating with June 30,
nonproject reviews In progress June 2025
agencies and council 2025
required under section
303 of this act
Sec. 102 (3) (e)
Establish program for
clean energy projects COM In progress
of statewide
significance
Sec 102 (3) (b). Explore potential Oct 1, 2024
Input from state,
Report on development of (combined
ECY Dec 31, local and federal
Consolidated clean consolidated clean In progress with report on
2024 agencies, and
energy application energy permit consolidated
tribes
application permit)
Sec 102 (3) (c). Oct 1, 2024
Explore potential Input from state,
Report on (combined
development of Oct 1, local and federal
consolidated permit ECY In progress with report on
consolidated clean 2024 agencies, and
for clean energy consolidated
energy permit tribes
projects permit)
Sec 102 (3) (d)
Determine priorities
for categories of clean
energy projects to be Council
Ongoing NA
the focus of new members
nonproject
environmental impact
statements
Sec 102 (3)
(e) Consider and
provide
recommendations to
the legislature on
additional benefits Council/COM Ongoing NA
that could be provided
to projects designated
as clean energy
projects of statewide
significance
Sec. 202 and 203.
Clean energy projects
COM In progress
of statewide
significance.
https://ecology.wa
.gov/regulations-
Sec. 201-209.
Developed outreach, permits/sepa/clea
Establish Clean
ECY guidance, and templates Completed Oct. 1 n-energy/clean-
Energy Coordinated
Ready for projects energy-
Permitting Process
coordinated-
permit-process
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 69
Sec. 301 (2) (a) and Notification of SEPA
(3) (a) Require probable determination
notification of SEPA of significance already
ECY Completed Oct. 1
probable required by rule Sec. 301
determination of (3) (a) SEPA. No
significance additional work needed.
https://ecology.wa.
Sec. 302 (1) (a), (b), Ecology developing three
gov/regulations-
and (c). Develop programmatic EISs for
June 30, June 30, permits/sepa/clea
Nonproject ECY onshore wind, solar, In progress
2025 2025 n-
Environmental Impact green hydrogen (plus co-
energy/programma
Statements located storage)
tic-eis
PEISs will provide
Recommend potential
Sec. 302 (7) Establish information for the
areas to designate as
preferred zones for Not initiated, Council to use in
clean energy preferred
the clean energy Council will begin after developing
zones for the clean None
project technology members PEISs are recommendations
energy project
analyzed in completed for preferred
technology analyzed in
nonproject reviews energy zones and
nonproject reviews
incentives
Conducting tribal and
non-tribal outreach.
Sec. 306. Identify
Created communication https://www.energ
Information for
WSU Energy materials. Provided June 30, June 30, y.wsu.edu/CleanFu
Pumped Storage In Progress
Program webinar in June 2024. 2025 2025 elsAltEnergy/PSHS
Siting
Assessed and mapped iting.aspx
theoretical sites and
additional factors
Sec 307 Joint
Energy Committee
Rural Clean Energy Study Obligations,
102 (1) (c) and 307 and Report hosting 3 in- including COM
Conduct outreach to person meetings in rural Accomplished report on rural
parties with interests COM WA in May 2024. and on-going clean energy &
in clean energy siting Meetings with enviro resilience; COM
and permitting coalition in Jan-Feb final report due
2024 12/1/2024. Joint
Committee report
due 12/1/2024
Sec. 307. (1)(a) Rural
Contracted to Ross December December 1,
Energy Study COM In progress
Strategic 1, 2024 2024
Sec. 308: Create the
joint committee on
energy supply, energy Legislature Completed Meetings ongoing
conservation, and
energy resilience
Sec. 310. (1) Joint
Committee on Energy Met on 9/21/2023
Supply, Energy Rural clean energy and
Conservation, and Legislature resilience report update
Energy Review Rural
Energy Study
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 70
EFSEC prepares
nonproject EISs for
SB 5165 (2023) In progress
certain transmission
facilities
Reorg of EFSEC out of
HB 1812 (2022) Completed
UTC
INTERAGENCY CLEAN ENERGY SITING COORDINATING COUNCIL 71
File and source
- File
- 2024_cleanenergysitingcouncil-draft-final-v2-e58acef4-ef2d-4b53-940d-b0813b.pdf
- Size
- 929,165 bytes
- SHA-256
- eeb34e1ffb36970edf549eced5a5dedf4d84e46c8bb148d69da012a0d3759cea
- Original
- app.leg.wa.gov