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 upon receiving an application for certification, the chair of the Energy Facility Site Evaluation Council must offer to conduct government-to-government consultations with affected tribes. The consultation aims to address concerns raised by the tribes regarding potential impacts on their resources or rights. The bill emphasizes the importance of including as many council members as possible in these consultations, while ensuring that attendance does not constitute a formal meeting under the Open Public Meetings Act, provided there is no deliberation or commitments made during the consultation.

Additionally, the bill modifies the existing provisions of the Open Public Meetings Act to explicitly exclude government-to-government consultations with federally recognized tribes from its requirements. This change is intended to facilitate more effective and meaningful engagement between the council and tribal governments during the energy facility siting process. The council is also required to summarize the consultation process in its report to the governor, allowing tribes the opportunity to review and request corrections to the summary before it is submitted. Overall, the bill aims to enhance tribal participation and protect tribal interests in energy facility development.

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