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Bill to shield local governments that assist FSEC from certain appeals advances to committee hearing
Summary
Senators held a brief public hearing on Senate Bill 5317, which would deem cities and counties in compliance when they enter agreements to provide technical assistance or inspections for projects under the Energy Facility Site Evaluation Council, and would exempt those local actions from SEPA and Land Use Petition Act appeals.
Senators held a brief public hearing on Senate Bill 5317, which would clarify that local governments that enter into agreements with the Energy Facility Site Evaluation Council (FSEC) to provide technical assistance, review or inspection services for certified energy facilities are considered to be in compliance with state and local laws, and that such local participation would not be subject to appeals under the State Environmental Policy Act (SEPA) or the Land Use Petition Act.
What staff said
Kim Cushing, committee staff, described FSEC as the state body that coordinates siting and certification of major energy facilities and said the bill "specifies that a city or county is in compliance with state and local laws when entering into an agreement with FSEC to provide technical assistance, review an application or a plan, or inspect the siding construction or operation of any proposed or certified energy facility." She noted a fiscal note showing no fiscal impact.
Public testimony
Paul Jewell, representing the Washington State Association of Counties, testified in support and said counties sometimes decline to enter collaborative agreements with FSEC because legal counsel had advised them to avoid potential appeals or damages claims when project approvals are inconsistent with local codes. Jewell said the bill addresses that concern and had been worked out with FSEC.
Committee action
Senator Gaynor (the prime sponsor for this item) provided brief remarks and said the bill simply ensures local governments can collaborate with FSEC without increased legal risk. The public hearing was brief; the committee did not take a vote during the session.
Ending
Committee staff closed public testimony and said the item would return for further consideration; no formal committee vote occurred during the hearing.
