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SB 6010

Concerning tribal consultation conducted by the energy facility site evaluation council.

2025-2026 Regular Session Introduced by Liz Lovelett and 2 co-sponsors

Requires formal, early government-to-government tribal consultation and input integration into EFSEC energy project siting decisions.

Senate Rules "X" file.
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Bill Summary · SB 6010

Summary of SB 6010 (2025-2026) – Washington

Purpose and intent

  • The bill amends RCW 80.50.060 and RCW 42.30.140 to clarify and strengthen tribal consultation requirements conducted by the Energy Facility Site Evaluation Council (EFSEC) during siting reviews for energy facilities.
  • It aims to ensure early, meaningful government-to-government consultation with federally recognized tribes that may be affected by proposed energy projects, with formal mechanisms for information sharing, consideration of tribal resources and rights, and integration of tribal input into EFSEC’s certification process.

Key provisions and changes

  • Affected facilities and certification framework (RCW 80.50.060)

    • The chapter’s applicability remains to the construction, reconstruction, or enlargement of energy facilities, including certain types designated for review under EFSEC.
    • New or existing facility types that may seek site certification under EFSEC include:
    • Facilities that produce refined biofuel (but not exceeding 25,000 barrels per day)
    • Alternative energy resource facilities
    • Electrical transmission facilities (nominal voltage ≥ 115,000 volts and located in more than one jurisdiction with land-use plans/ordinances in multiple jurisdictions)
    • Clean energy product manufacturing facilities
    • Storage facilities
    • Fusion energy facilities (with requirement to obtain radiation control licenses/registrations from state or federal agencies)
    • Fusion facilities obtaining site certification must also secure radiation control authorizations as applicable.
    • All council powers apply to these facilities, and they remain subject to applicable EFSEC provisions.

  • Transmission facilities and national interests (RCW 80.50.060)

    • Applies to large electrical transmission projects:
    • Nominal voltage thresholds: at least 500,000 V AC or 300,000 V DC
    • Located in more than one county and within the Washington service area of more than one retail electric utility
    • Or located in a National Interest Electric Transmission Corridor (as defined)
    • Defines “modification” of transmission facilities as a significant change and excludes several routine or minor changes (e.g., minor line replacements, relocations, underground conversions, or adding conductors on existing structures).

  • Tribal consultation and government-to-government process (new/amended language in subsection 8)

    • EFSEC must consult with all federally recognized tribes with resources, rights, or interests in the project area to provide early and meaningful participation and input during siting review and compliance monitoring.
    • The chair and designated staff must offer government-to-government consultation to address tribal concerns, and, upon tribe’s request, include as many council members as possible to participate.
    • Attendance by a quorum of EFSEC at the consultation does not constitute a formal meeting under RCW 42.30, provided no deliberation or binding assurances occur; the process is intended to gather information on tribal resources/rights potentially affected and to identify avoidance, minimization, or mitigation measures.
    • The council must provide regular updates on consultation to the council during the application review process.
    • The council’s report to the Governor (as required by RCW 80.50.100) must summarize the government-to-government consultation, including issues and proposed resolutions, and must be shared with the affected tribe prior to submission. The tribe then has 30 days to request corrections or to submit its own summary for inclusion in the governor’s report.
    • The Department of Archaeology and Historic Preservation must coordinate with affected tribes and the applicant to assess potential effects on tribal cultural resources, archaeological sites, and sacred sites.

  • Coordination with local governments (administrative provisions)

    • The council must work with local governments where a project is proposed to locate for meaningful participation and input during siting and compliance monitoring.

Affected parties and entities

  • Federal-acknowledged or federally recognized tribes with resources, rights, or interests in the project area
  • EFSEC (Energy Facility Site Evaluation Council)
  • State agencies (including the Department of Archaeology and Historic Preservation)
  • Local governments (counties and cities within the project area)
  • Project applicants seeking EFSEC certification for the listed facility types
  • Public, including stakeholders involved in siting reviews and tribal resources/rights

Procedural and timeline aspects

  • Application process: Applicants must file for EFSEC certification on forms prescribed by the council and provide required technical studies.
  • Tribal consultation timeline: The bill codifies early government-to-government consultation as part of the EFSEC review, with mechanisms for tribe-requested full-council participation and timely incorporation of tribal input into EFSEC’s governor report.
  • Governor’s report: The council’s report to the Governor must include a summary of the consultation process and issues/resolutions, with tribes given a 30-day window to provide corrections or their own summary to be appended to the governor’s report.
  • Exceptions and integration: The bill preserves existing exemptions and procedural norms but adds mandatory tribal consultation and coordination requirements tied to the certification process.

Practical impact

  • Strengthens formal tribal involvement in EFSEC siting decisions for a broader set of energy projects, with explicit government-to-government consultation provisions.
  • Requires proactive information-sharing, consideration of tribal resources and rights, and mitigation planning to address potential adverse effects.
  • Establishes formal coordination channels among EFSEC, tribes, state agencies, and local governments to improve transparency and inclusivity in the siting process.

Compiled from official sources — confirm details with the bill’s official record.

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