AN ACT Relating to requiring local government and tribal approval of wind and solar siting recommendations by the energy facility site evaluation council; amending RCW 80.50.100; and declaring an emergency.

(1)(a) The council shall report to the governor its recommendations as to the approval or rejection of an application for certification within ((twelve))12 months of receipt by the council of an application deemed complete by the director, or such later time as is mutually agreed by the council and the applicant.

(c) In the case of an application filed prior to December 31, 2025, for certification of an energy facility proposed for construction, modification, or expansion for the purpose of providing generating facilities that meet the requirements of RCW 80.80.040 and are located in a county with a coal-fired electric generation facility subject to RCW 80.80.040(3)(c), the council shall expedite the processing of the application pursuant to RCW 80.50.075 and shall report its recommendations to the governor within ((one hundred eighty))180 days of receipt by the council of such an application, or a later time as is mutually agreed by the council and the applicant.

(2) If the council recommends approval of an application for certification, it shall also submit a draft certification agreement with the report. The council shall include conditions in the draft certification agreement to implement the provisions of this chapter including, but not limited to, conditions to protect state, local governmental, or community interests, or overburdened communities as defined in RCW 70A.02.010 affected by the construction or operation of the facility, and conditions designed to recognize the purpose of laws or ordinances, or rules or regulations promulgated thereunder, that are preempted or superseded pursuant to RCW 80.50.110 as now or hereafter amended.

(a) The council must report a recommendation as to the approval of an application for certification to the appropriate county legislative authority and each affected federally recognized tribe at the same time as the recommendation to the governor under subsection (1)(a) of this section.

(b) As a precondition of approval of an application and draft certification agreement by the governor under subsection (4) of this section, each affected federally recognized tribe and the appropriate county legislative authority must approve of the recommendation by adopting a resolution.

(c) Within 90 days of the submission of the recommendation to the appropriate county legislative authority and each affected federally recognized tribe, the county legislative authority or tribe may:

(ii) Reject the application and draft site certification agreement or elect to fail to approve the application and draft site certification agreement; or

(iii) Adopt a resolution requesting the council to reconsider certain aspects of the draft certification agreement, consistent with subsection (4)(b) of this section, within 60 days of the adoption of the resolution. After reconsidering the draft certification agreement, the council must report its revised recommendations to each affected federally recognized tribe and the appropriate county legislative authority for approval consistent with the processes established in (a) through (c) of this subsection.

(d) The governor may not approve an application or execute a draft site certification agreement for which the appropriate county legislative authority and each affected federally recognized tribe has not submitted to the council a copy of its resolution approving of the application and draft site certification agreement.

(4)(a) Within 60 days of receipt of the council's report or, for wind or solar energy facility siting recommendations, the council's receipt of a copy of all of the approval resolutions required under subsection (3) of this section, the governor shall take one of the following actions:

(b) The council shall reconsider such aspects of the draft certification agreement by reviewing the existing record of the application or, as necessary, by reopening the adjudicative proceeding for the purposes of receiving additional evidence. Such reconsideration shall be conducted expeditiously. The council shall resubmit the draft certification to the governor incorporating any amendments deemed necessary upon reconsideration. Within 60 days of receipt of such draft certification agreement, the governor shall either approve the application and execute the certification agreement or reject the application. The certification agreement shall be binding upon execution by the governor and the applicant.

(((4)))(5) The rejection of an application for certification by the governor shall be final as to that application but shall not preclude submission of a subsequent application for the same site on the basis of changed conditions or new information.

NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.