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 expands the definition of energy facilities to include various types of facilities such as those producing refined biofuel, alternative energy resources, and fusion energy facilities, among others. The bill emphasizes the importance of early and meaningful participation from affected tribes during the siting review and compliance monitoring processes. It mandates that the Energy Facility Site Evaluation Council (the council) conduct government-to-government consultations with tribes, ensuring that tribal resources and rights are considered and that any potential adverse effects are addressed.

Additionally, the bill introduces new provisions regarding the council's consultation process, including the requirement for the council to provide a summary of the consultation to the tribe before submitting it to the governor. This summary must allow the tribe 30 days to request corrections or provide their own input. The bill also clarifies that attendance by a quorum of the council at these consultations does not constitute a meeting under the Open Public Meetings Act, provided there is no deliberation among council members. Furthermore, it amends the Open Public Meetings Act to explicitly exclude government-to-government consultations with tribes from its provisions, thereby ensuring that these consultations can occur without the constraints typically associated with public meetings.

Statutes affected:
Original bill: 80.50.060, 42.30.140