The bill amends existing laws regarding the construction and certification of energy facilities in Washington State, specifically focusing on the consultation process with federally recognized tribes. It establishes that the Energy Facility Site Evaluation Council (EFSEC) must consult with affected tribes to ensure their meaningful participation during the siting review and compliance monitoring of proposed energy facilities. The bill modifies the consultation process by requiring the council's chair and designated staff to offer government-to-government consultations upon receiving an application for certification. This process aims to address tribal concerns regarding resources or rights potentially affected by the proposed facilities and includes provisions for the council to summarize the consultation process in its report to the governor.

Additionally, the bill clarifies that attendance by a quorum of the council during these consultations does not constitute a meeting under the Open Public Meetings Act, provided there is no deliberation among council members. It also introduces a new provision that allows tribes to request corrections or additional information in the council's summary before it is submitted to the governor. Furthermore, the bill amends the Open Public Meetings Act to explicitly exclude government-to-government consultations with federally recognized tribes from its provisions, ensuring that these consultations are conducted in a manner that respects tribal sovereignty and rights.

Statutes affected:
Original bill: 80.50.060, 42.30.140
Substitute bill: 80.50.060, 42.30.140