RCW 43.21A.608: Capacity grants—Federally recognized Indian tribes. (Effective January 1, 2028.)

(1) The department must implement an ongoing program to provide biennial capacity grants to each federally recognized Indian tribe in Washington state and to each federally recognized Indian tribe with treaty-ceded lands in Washington consistent with this section and *RCW 70A.65.250.

(a) For purposes of fiscal year 2028, the legislature intends to fund the grant program with appropriations from the climate investment account created in *RCW 70A.65.250.

(b) Beginning in fiscal year 2029, the legislature intends funding for the grant program to be increasingly paid for through the local investment distribution account created in RCW 82.96.080 and intends to dedicate up to 25 percent of the appropriations from that account each biennium towards the total cost of the program.

(2) A capacity grant may be used by a recipient federally recognized tribe, at the discretion of each tribe in a manner that recognizes their sovereignty, for:

(a) Consultation on spending decisions on grants in accordance with RCW 70A.65.305;

(b) Consultation on clean energy siting projects;

(c) Activities supporting climate resilience and adaptation;

(d) Developing tribal clean energy projects, as defined in RCW 43.158.010;

(e) Applying for state or federal grant funding;

(f) Other activities for which funds in the climate commitment account created in *RCW 70A.65.260, or the natural climate solutions account created in *RCW 70A.65.270, are eligible; and

(g) Other related work.

(3) In order to satisfy the requirements of RCW 70A.65.230(1)(b), tribal applicants are encouraged to include a tribal resolution supporting their request with their grant application.

(4) The department must award funds available under this section equally among grant applicants.

(5) Nothing in this section limits the authority of a tribe that receives funds under this section to administratively object to or legally appeal a qualifying energy project or component thereof or to be eligible for grant funds under this section if they file such an objection or appeal.