HB 1216 — Concerning clean energy siting.

6 SHB 1216 voltages of at least 115,000 volts to connect a clean energy project to the northwest power grid.

(e) Equipment and products used toat producestorage nonemittingfacilities; electric generation as defined in RCW 19.405.020;

(f) Equipment and products used atto storageimprove facilities;energy efficiency;

and (g) EquipmentSemiconductors andor productssemiconductor usedmaterials toas improvedefined energyin efficiency;RCW 82.04.2404.

andp. (h) Semiconductors or semiconductor materials as defined in RCW 82.04.2404.

6 HB 1216 (6) "Clean energy project" means the following facilities together with their associated facilities:

(c) Facilities to produce nonemitting electric generation or electric generation from renewable resources, as definedthose interms RCW 19.405.020, except for 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 necessarydefined forin theRCW operation19.405.020; of a pumped storage facility that:

(i) Does not conflict with existing state or federal fish recovery plans;

and (ii) complies with all local, state, and federal laws and regulations;

p.(e) Facilities or projects at any facilities that exclusively or primarily process biogenic feedstocks into refined fuel products;

7or SHB(f) 1216 (e) Facilities or projects at any facilities that exclusively or primarily process biogenicalternative feedstocksjet intofuel. biofuel as defined in RCW 80.50.020;

(f)(7) Biomass"Electrical energytransmission facilitiesfacilities" has the same meaning as defined in RCW 19.405.020;80.50.020.

or (g) Facilities or projects at any facilities that exclusively or primarily process alternative jet fuel.

(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 electricity from fossil fuels.

(16) "Reasonable"Renewable costs"hydrogen" meanshas direct and indirect expenses incurred by the departmentsame ofmeaning ecology,as participatingdefined agencies, or local governments in carryingRCW out80.50.020. the coordinated permit process established in this chapter, including the initial assessment, environmental review, and permitting.

"Reasonable(17) costs""Renewable includesnatural workgas" donehas bythe agencysame ormeaning localas governmentdefined staffin orRCW consultants80.50.020. hired by agencies or local governments to carry out the work plan.

"Reasonable costs" may also include other costs agreed to between the applicant p.

87 SHBHB 1216 and(18) the"Renewable departmentresource" ofhas ecology,the participatingsame agencies,meaning oras localdefined governments.in RCW 80.50.020.

(17)(19) "Renewable"Storage hydrogen"facility" 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.

CLEAN ENERGY PROJECTS OF STATEWIDE SIGNIFICANCE —PURPOSE.

(1) This chapter:

(a) Establishes a process for applicants to apply to the department of commerce for designation as a clean energy project of statewide significance;

and (b) Identifies regulatory assistance available to projects designated as clean energy projects of statewide significance by the department of commerce.

(2) The department of ecology serves as the lead state agency for implementing the fully coordinated clean energy permitting process available to designated clean energy projects of statewide significance for projects that do not apply to the energy facility site evaluation council under chapter 80.50 RCW.

The department of ecology is to assist project proponents with coordination of state and local regulatory procedures, including environmental review and permitting, required for completion of specific projects.

The department of ecology must verify regulatory agencies have conducted meaningful and timely engagement with potentially affected federally recognized Indian tribes and overburdened communities during this process.

(3) In implementing this chapter, the department of commerce and the department of ecology must attempt to minimize the administrative burdens associated with applying for designation as a clean energy project of statewide significance and to the coordinated clean energy permitting process, in order to encourage applicants to make use of these strategies to facilitate siting and permitting.

NEW SECTION.

Sec.

203.

(b)p. Information sufficient to demonstrate that the project qualifies as a clean energy project;

8 HB 1216 (b) Information sufficient to demonstrate that the project qualifies as a clean energy project;

(e) A plan for meaningful engagement and information sharing with potentially affected federally recognized Indian tribes;tribes with interests on or near a proposed site;

(f) A description of potential community benefits and impacts from the project, a plan for meaningful community engagement in the project development, and an explanation of how the applicant might use a community benefit agreement or other legal document that p.stipulates the benefits that the developer agrees to fund or furnish, in exchange for community support of a project;

9 SHB 1216 stipulates the benefits that the developer agrees to fund or furnish, in exchange for community support of a project;

203.204.

CLEAN ENERGY PROJECTS OF STATEWIDE SIGNIFICANCE—DEPARTMENTSIGNIFICANCE— DEPARTMENT OF COMMERCE DECISION.

(1)(a) The department of commerce, in consultation with other state agencies identified as likely to have a role in siting or permitting a project, must review applications received under section 202203 of this act.

(2) The department of commerce may designate a clean energy project of statewide significanceconsideration taking into consideration:

(a)p. Whether the project qualifies as a clean energy project;

9 HB 1216 (a) Whether the project qualifies as a clean energy 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 306305 of this act, and whether the project is consistent with the recommendations of such processes;

and (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:

and p.(iii) Federally recognized Indian tribes with interests on or near a proposed site.

10(3) SHBIn 1216determining (iii)whether Rights,to interests,approve andan resources,application, includingthe department of commerce must consider favorably information contained in an application under section 203 of this act demonstrating an applicant's meaningful tribal culturaloutreach resources,and engagement, engagement with the department of archeology and historic preservation, and engagement with the governor's office of Indian affairs regarding potentially affected federallytribal recognizedresources Indianand tribes;interests, and desired means of engagement related to the project.

and(4)(a) (f)The Inputdepartment receivedmay fromdesignate potentiallyan affectedunlimited federallynumber recognizedof Indianprojects tribes,of whichstatewide thesignificance departmentthat mustmeet solicitthe andcriteria acknowledgeof thethis receiptsection. of.

(3)(b) InAn determiningapplicant whetherwhose application to approve an application, the department of commerce must consider information contained in an application under section 202 of this actchapter demonstratingis annot applicant'ssuccessful meaningfulis tribaleligible outreachto andreapply engagement,to engagement with the department of archaeologycommerce andfor historicthe preservation,designation andof engagementa withclean theenergy governor'sproject officeas a project of Indianstatewide affairs.significance.

(4)(a)p. The department of commerce may designate an unlimited number of projects of statewide significance that meet the criteria of this section.

(b)10 AnHB applicant1216 whoseNEW applicationSECTION. to the department of commerce under this chapter is not successful is eligible to reapply.

Sec.

205.

CLEAN ENERGY PROJECTS OF STATEWIDE SIGNIFICANCE—CLEAN ENERGY NAVIGATOR.

For each clean energy project of statewide significance designated by the department of commerce under this chapter, the department of commerce must assign to the project a clean energy navigator whose responsibilities include, but are not limited to:

(1) Assisting with the initial assessment and, if the project proponent opts to use the fully coordinated permitting process, assisting with the fully coordinated permitting process;

(2) Convening select partners from state and local government, private entities, nongovernmental organizations, and others as appropriate to support successful completion of the project;

and (3) Working with each team member identified in subsection (2) of this section to expedite their actions in furtherance of the project.

204.206.

CLEAN ENERGY PROJECTS OF STATEWIDE SIGNIFICANCE —CLEAN ENERGY COORDINATED PERMITTING PROCESS—PROCESS — DEPARTMENT OF ECOLOGY DUTIES.

AnIn optional,support fullyof the coordinated permitpermitting process is established for clean energy projects thatof dostatewide notsignificance, apply to the energydepartment facilityof siteecology evaluationmust: council under chapter 80.50 RCW.

In(1) supportAct 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 in coordination with clean energy projects,navigators at the department of ecologycommerce; must:

(1)(2) ActConduct asan theinitial centralassessment point of contact for the proposed project proponentreview forand the coordinated permitting processactions for projectscoordination thatpurposes doas notprovided applyin tosection the207 energyof facilitythis siteact; 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;

(6) Assist in resolving any conflict or inconsistency among permit requirements and conditions;

11 SHBHB 1216 (6)(7) AssistConsult inwith resolvingpotentially anyaffected conflictfederally recognized Indian tribes with interests on or inconsistencynear amonga permitproposed requirementssite andas conditions;provided in section 211 of this act in support of the coordinated permitting process;

(7)(8) ConsultEngage with potentially affected federallyoverburdened recognizedcommunities Indian tribes as provided in section 209211 of this actact; in support of the coordinated permitting process;

(8) Engage with potentially affected overburdened communities as provided in section 209 of this act;

205.207.

CLEAN ENERGY PROJECTS OF STATEWIDE SIGNIFICANCE —CLEAN ENERGY COORDINATED PERMITTING PROCESS PROJECT INITIAL ASSESSMENT.

(1) Upon a determination by the requestdepartment of commerce that a proponentproject ofis a clean energy project,project of statewide significance, 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.

12 SHBHB 1216 (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 cleandepartment energyof commerce's designation of the project proponent'sas requesta toclean theenergy departmentproject underof thisstatewide section,significance, unless information on the project is not complete.

206.208.

CLEAN ENERGY PROJECTS OF STATEWIDE SIGNIFICANCE —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.

ToDesignation beas eligiblea to participate in the fully coordinated permitproject process:requires that:

(a) The project proponent must:enters into a cost reimbursement agreement pursuant to section 210 of this act;

(i)(b) EnterThe intoproject ahas cost-reimbursementbeen agreementdesignated pursuantby tothe sectiondepartment 208of commerce as a clean energy project of thisstatewide act;significance;

(ii)and Provide(c) sufficientThe informationdepartment onof ecology determines that the project andraises projectcomplex sitecoordination, topermit identifyprocessing, probableor significantsubstantive adversepermit environmentalreview impacts;issues.

(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.

The department of ecology must keep a schedule identifying required procedural steps in p.the permitting process and highlighting substantive issues as appropriate that must be resolved in order for the project to move forward.

13 SHB 1216 the permitting process and highlighting substantive issues as appropriate that must be resolved in order for the project to move forward.

(a) Conduct the duties for the coordinated permitting process as described in section 205207 of this act;

(b)(i)p. 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)13 HB 1216 (b)(i) Reach out to localtribal or federal jurisdictions responsible for issuing a permit for the project and informinvite them ofto theirparticipate obligationsin underthe sectioncoordinated 207permitting process or to receive periodic updates of thisthe act.project;

(4)(ii) WithinReach 30out days,to orlocal longerjurisdictions withresponsible agreementfor ofissuing the project proponent, of the date that the department of ecology determines a projectpermit 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 theinform participatingthem permitof agenciestheir toobligations developunder asection coordinated209 permittingof processthis schedule.act.

(4) Within 30 days, or longer with agreement of the project proponent, of the date that the department of ecology designates a project accepted for the fully coordinated permitting process, the department of ecology shall convene a work plan meeting with the project proponent, the department of commerce-appointed clean energy navigator, and the participating permit agencies to develop a coordinated permitting process schedule.

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;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.

p.At the request of the project proponent, the department of ecology must notify any relevant federal agency or federally recognized Indian tribe of the date of the meeting and invite them to participate in the process.

14(6) SHBAny 1216accelerated Attime period for the requestconsideration of thea projectpermit proponent,application or for the departmentcompletion of ecologythe mustenvironmental notifyreview anyprocess relevantunder federalchapter agency43.21C orRCW federallymust recognizedbe Indianconsistent tribewith ofany thestatute, daterule, ofor theregulation, meetingor andadopted invitestate thempolicy, tostandard, participateor inguideline thethat process.p.

(6)14 AnyHB accelerated1216 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 207209 of this act, and make the schedule available to the public.

(8) AsIf parta oflead theagency coordinatedunder chapter 43.21C RCW, a permit process,agency, or the developerproject mayproponent prepareforesees, aat communityany benefittime, agreementthat it will be unable to meet the estimated timelines or other similarobligations documentunder tothe identifyschedule howagreement, toit mitigatemust notify the department of ecology of the reasons for the delay and offer potential communitysolutions impacts.or an amended timeline.

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 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.

(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.

(10)(9) 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 p.agency that a coordinated permitting process is no longer applicable to the project.

15 SHB 1216 agency that a coordinated permitting process is no longer applicable to the project.

207.209.

CLEAN ENERGY COORDINATEDPROJECTS PERMITTINGOF PROCESS—LOCALSTATEWIDE JURISDICTIONSIGNIFICANCE AGREEMENTS.—CLEAN ENERGY COORDINATED PERMITTING PROCESS:

(1)(a)LOCAL CountiesJURISDICTION andAGREEMENTS. 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)(1) ForCounties theand purposescities with development projects designated as clean energy projects of thisstatewide section,significance "expedite"within meanstheir thatjurisdictions ashall countyenter orinto cityan willagreement developwith the department of ecology and implementthe aproject methodproponents toof accelerateclean theenergy processprojects of statewide significance for permittingexpediting andthe environmentalcompletion review.of projects.

Expediting(2) shouldAgreements notrequired disruptby orthis otherwisesection delaymust theinclude permittingrequirements andthat environmental review of other projects or require the county or citycity: 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:

(d)p. Develop and follow a plan for consultation with potentially affected federally recognized Indian tribes;

and15 (e)HB Carry1216 out(d) suchMake otherlocal actionsofficials identifiedor byplanning thestaff departmentavailable ofto ecologyserve ason neededthe forteam thespecified fullyin coordinatedsection permitting205(2) process.of this act;

(e) Develop and follow a plan for consultation with potentially affected federally recognized Indian tribes with interests on or near a proposed site;

and (f) Carry out such other actions identified by the department of ecology as needed for the fully coordinated permitting process.

208.210.

CLEAN ENERGY COORDINATEDPROJECTS PERMITTINGOF PROCESS—STATEWIDE COST-REIMBURSEMENTSIGNIFICANCE AGREEMENTS.—CLEAN ENERGY COORDINATED PERMITTING PROCESS:

(1)COST ForREIMBURSEMENT aAGREEMENTS. 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(1) cost-reimbursementFor agreementa isfully tocoordinated recoverpermitting reasonableprocess, costsa incurredproject byproponent themust departmententer ofinto ecologya andcost-reimbursement participatingagreement agencieswith inthe carryingdepartment outof theecology coordinatedin permittingaccordance process.with RCW 43.21A.690.

The agreement is to recover reasonable costs incurred by the department of ecology and participating agencies in carrying out the coordinated permitting process.

p.(3) 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.

16 SHB 1216 (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.

(4) 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.

209.211.

CLEAN ENERGY COORDINATEDPROJECTS PERMITTINGOF PROCESS—STATEWIDE TRIBALSIGNIFICANCE CONSULTATION—CLEAN ANDENERGY OVERBURDENEDCOORDINATED COMMUNITYPERMITTING ENGAGEMENT.PROCESS:

(1)(a)TRIBAL TheCONSULTATION departmentAND ofOVERBURDENED ecologyCOMMUNITY mustENGAGEMENT. 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.

(1) The department of ecology must offer early, meaningful, and individual consultation with any affected federally recognized Indian tribe on designated clean energy projects of statewide significance 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.

The goal of the consultation process is to support the coordinated permitting process by earlyidentifying identification of tribal rights,resources interests,or andrights resources, including tribal cultural resources, potentially affected by the project,project and identifyingdetermining solutions,if whenthere possible,are top. avoid, minimize, or mitigate any adverse effects on tribal rights, interests, or resources, including tribal cultural resources, based on environmental or permit reviews.

(b)16 AtHB the1216 earliestsolutions possibleto dateavoid, afterminimize, theor initiationmitigate ofany theadverse coordinatedeffects permittingon processtribal underresources thisor chapter,rights thebased departmenton ofenvironmental ecologyor shallpermit engagereviews. in a preapplication process with all affected federally recognized Indian tribes.

p.(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 of statewide significance participating in the coordinated permitting process.

17 SHB 1216 (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 within the project area.

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 within the project area.

Discussions may 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.

(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 p.

18 SHB 1216 affected by clean energy projects participating in the coordinated permitting process.

210.212.

CLEAN ENERGY PROJECTS OF STATEWIDE SIGNIFICANCE —CLEAN ENERGY COORDINATED PERMITTING PROCESS:

(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'sp. application, project, or project proponent.

17 HB 1216 applicant's application, project, or project proponent.

p.(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.

19 SHB 1216 (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.

or (ii)p. Are interdependent parts of a larger proposal and depend on the larger proposal as their justification or for their implementation.

18 HB 1216 (ii) Are interdependent parts of a larger proposal and depend on the larger proposal as their justification or for their implementation.

p.(i) "Renewable hydrogen" has the same meaning as defined in RCW 80.50.020.

20 SHB 1216 (i) "Renewable hydrogen" 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.

(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 projectp. to follow application processes similar to or the same as the application processes identified in this subsection.

19 HB 1216 project to follow application processes similar to or the same as the application processes identified in this subsection.

p.(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:

21 SHB 1216 (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:

(f)p. For clean energy projects, the provisions of this subsection are in addition to the requirements of RCW 43.21C.0311.

20 HB 1216 (f) For clean energy projects, the provisions of this subsection are in addition to the requirements of RCW 43.21C.0311.

p.(i) Proposals are closely related;

22 SHB 1216 (i) Proposals are closely related;

(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 and that are additional relative to the environmental impacts that would occur in the absence of the proposal.

(c) Unless requested by the applicant, an agency with authority to impose mitigation under RCW 43.21C.060 for a clean energy project may not reopen, reconsider, or otherwise modify mitigation that was required in connection with a local, state, or federal permit or authorization.

This subsection (4)(c) does not apply to modifications of mitigation that were anticipated as part of an adaptive management strategy in a previously issued permit or authorization.

NONPROJECTPROGRAMMATIC 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:

and (b) Utility-scaleSolar solar energy projects,projects whichlocated willin consider the findingsColumbia Basin of theeastern Washingtonand Statecentral UniversityWashington. least-conflict solar siting process;

andThe (c)nonproject Onshoreenvironmental utility-scaleimpact windstatement for solar energy projects.projects in the Columbia Basin of eastern and central Washington will consider the findings of the Washington State University least-conflict solar siting process.

(2) The scope of a nonproject environmental reviewimpact shallstatements bemust limitedinclude: to the probable, significant adverse environmental impacts in geographic areas that are suitable for the applicable clean energy type.

The(a) departmentIdentification of ecologyprobable maysignificant considerimpacts standardby attributesgeographic forlocation; 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.

(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;

2321 SHBHB 1216 (iv)(b) EnvironmentalIdentification justiceof andcumulative overburdenedimpacts communitiesto aslandscape-scale definedhabitat inand RCWhabitat 70A.02.010;connectivity corridors;

(v) Cultural resources and elements(c) Identification of themeasures environment relevant to tribalavoid, rights,minimize, interests, and resourcesmitigate includingprobable tribalsignificant culturalimpacts resources,identified andduring fish,the wildlife,review. and their habitat;

(vi)These Landinclude uses,impacts includingto agriculturalelements of the environment as defined in WAC 197-11-444 as it existed as of January 1, 2023, tribal resources as identified in RCW 70A.65.305, and ranchingoverburdened uses;communities as defined in RCW 70A.02.010.

and(3) (vii)The Militarydepartment installationsof ecology must determine the scope of the nonproject environmental impact statements based on input from industry, local governments, federally recognized Indian tribes, and operations.stakeholders.

(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 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.

(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 rightsresources. 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(4) consultationProject isproponents independentof of,solar energy project proposals in the Columbia Basin of eastern and central Washington and green electrolytic or renewable hydrogen project proposals must incorporate impact analyses from the nonproject reviews in additionthe to,project-level anyreview publicprocess p.undertaken pursuant to this chapter.

24 SHB 1216 participation process required by state law, or by a state agency.

The goal of the consultation process is to support the nonproject review by early identification of tribal rights, interests, or resources, including tribal cultural resources, potentially affected by the project type, 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 review.

(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 decision making.

(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.

LEAD AGENCY USE OF NONPROJECTPROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENT.

(1) A lead agency conducting a project-level environmental review under this chapter of a cleansolar energy project identifiedproposal in sectionthe 302Columbia (1)Basin of thiseastern actand central Washington or a green electrolytic or renewable hydrogen project proposal must consideradopt, where appropriate, a nonproject environmental impact statement prepared pursuant to section 302 of this act in order to identify and mitigate project-levelproject- level probable significant adverse environmental impacts.

(2)(a)(2) Project-levelThe project-level environmental review process conducted pursuant to this chapter of a cleansolar energy project identifiedproposal in sectionthe 302(1)Columbia Basin of thiseastern actand central Washington or a green electrolytic or renewable hydrogen project proposal must beginaddress withany reviewprobable ofsignificant theimpacts applicablethat were not analyzed in the nonproject environmental impact statementstatements prepared pursuant to section 302 of this act.act and must identify any avoidance, minimization, and p.

The22 reviewHB must1216 addressmitigation anymeasures probablespecific significantto adverse environmental impacts associated with the proposalproject thatfor werethose notprobable analyzedsignificant inimpacts. the nonproject environmental impact statements prepared p.

25(3) SHBWhen 1216preparing a project-level environmental review, the lead agency shall review the nonproject environmental impact statement prepared pursuant to section 302 of this act.act to ensure that the analysis is valid when applied to the current proposal, knowledge, and technology.

TheIf reviewit mustis identifynot anyvalid, mitigationthe measuresanalysis specificmust tobe reanalyzed in the project for probable significant adverse environmental impacts.review.

(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, 2023:

(i) Use of the nonproject review unchanged, in accordance with RCW 43.21C.034, if the project does not cause 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.

A new section is added to chapter 36.01 RCW to read as follows:

p.

26 SHB 1216 (1) In order to encourage greater development and use of renewable energy, a county may not require an application for or the acquisition of a grading permit or any other ministerial or discretionary permit for the following activities associated with a renewable energy project:

(a) Site investigation work, including the installation of wind and solar resource evaluation equipment, exploratory excavations, and fill pads necessary for the project, design, environmental planning, or land use applications such as surveys, geotechnical or hydrogeological investigations, infiltration tests and other soil tests, and other related activities;

and (b) Clearing, grading, and excavation of less than 500 cubic yards of material for each location conducted on natural terrain with a slope flatter than one unit vertical in five units horizontal, undertaken to determine project feasibility and preliminary design details.

(2) The activities identified in subsection (1) of this section may be undertaken prior to issuance of discretionary land use permits, including conditional use permits.

(3) This section does not apply to activities involving work in- water or fill of wetlands.

(4) Local critical areas ordinances and state permitting requirements apply to activities in this section.

(5) The prohibitions on application requirements under this section apply only to a person who, prior to commencing the activities specified in subsection (1)(a) and (b) of this section, has inquired with the department of archaeology and historic preservation to obtain information on the probability or existence of tribal cultural resources, archaeological sites, and sacred sites within the potential site area.

The department of archaeology and historic preservation must provide information to the person carrying out activities described in subsection (1) of this section regarding the federally recognized Indian tribes that would need to be contacted and that agencies would need to offer consultation to in the event that any project development permit applications were to proceed.

NEW SECTION.

Sec.

306.

(1) Washington State University energy program shall conduct a least-conflict pumped storage siting process for Washington state, p.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.

27 SHB 1216 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.

(3)p. The Washington State University energy program must develop and make available a map and associated GIS data layers, highlighting areas identified through the process.

23 HB 1216 (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.

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 information and learn from the lived p.

28 SHB 1216 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 p.

29 SHB 1216 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;

(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, 2023, the department must submit an interim 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, the energy facility site evaluation council, and the appropriate policy and fiscal committees of the legislature.

(e) 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, the energy facility site evaluation council, and the appropriate policy and fiscal committees of the legislature.

(3) For the purposes of this section, "department" means the department of commerce.

p.

30 SHB 1216 Sec.

308.

RCW 44.39.010 and 2005 c 299 s 1 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 4 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)(a) The committee shall review the following issues:

(i) Inequities in where large alternative energy projects, including projects under the jurisdiction of the energy facility site evaluation council, have been sited in Washington;

(ii) Inequities in where large alternative energy projects, including projects under the jurisdiction of the energy facility site evaluation council, are forecast to be sited in Washington;

and (iii) Forms of economic development assistance, mitigation payments, and viewshed impairment payments that counties not hosting their per capita share of alternative energy resources should provide to counties that host more than their per capita share.

(b) In support of its obligations under (a) of this subsection, the committee must review the report produced by the department of commerce under section 307 of this act.

(2) The committee must hold at least four meetings, at least two 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.

(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 p.

31 SHB 1216 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.

Sections 201 through 210212 of this act constitute a new chapter in Title 43 RCW.

3224 SHBHB 1216