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Senate bill would extend appeal protections to local governments assisting energy siting council
Summary
SB 5317 would declare that cities and counties providing review, inspections or technical assistance to the Energy Facility Site Evaluation Council (FSEC) are considered in compliance with other state and local laws and that such actions are not subject to appeals under SEPA or the Land Use Petition Act.
Sen. Keith Gaynor introduced Senate Bill 53 17 in the Senate Environment & Energy Committee and said the measure is intended to give local governments the same legal protections already afforded to other state entities when they participate in siting reviews conducted under the Energy Facility Site Evaluation Council (FSEC) process.
Meg McFadden, committee staff, briefed the committee on FSEC: the council conducts a consolidated review of major energy facility siting applications, holds public hearings, leads environmental review, and issues a site certification agreement (SCA) that the governor can approve or reject. An approved SCA is issued “in lieu of” other state or local permits and binds state agencies and political subdivisions to the SCA’s conditions. SB 5317 would specify that cities and counties that enter agreements with FSEC to provide technical assistance, application or plan review, or inspections for such energy facilities are considered to be in compliance with other state and local laws and that those actions would not be subject to appeals under the State Environmental Policy Act (SEPA) or the Land Use Petition Act (LUPA).
Paul Jewell of the Washington State Association of Counties testified in support, calling the bill an “easy” fix that provides the same protections local governments already expect for cooperating with FSEC. He said members and FSEC staff have reviewed the language and support the approach.
No opposition testimony was offered at the hearing. The committee closed the item after the staff and senator’s presentations and recorded no committee vote.
Ending: Sponsor and county association asked for approval; staff said the measure harmonizes local participation with existing FSEC protections.
