RCW 43.63A.772: Qualifying energy projects—Model ordinance. (Effective January 1, 2028.)

(1)(a) The department shall provide technical assistance and ongoing liaison support to local governments, including methods and best practices for siting qualifying energy projects specified in RCW 43.63A.770, for use by local governments.

(b) As part of this work, the department must develop and publish a model ordinance applicable to the siting of qualifying energy projects specified in RCW 43.63A.770 by July 1, 2028. The model ordinance must include, but is not limited to, standards for the decommissioning of and provision of financial assurance for wind energy facilities and means to avoid detrimental impact to natural resources and cultural resource areas. The model ordinance must also consider local government compliance with the growth management act. The department must consider whether the model ordinance should specify or encourage expedited timelines for permit review that are adhered to by the county or city. The department must develop the model ordinance in consultation with qualifying energy project developers, qualifying energy project owners, counties where at least one energy storage system or wind or solar energy production facility is located, federally recognized tribes, and other interested stakeholders.

(2) Effective six months after the department's publication of a model ordinance under subsection (1) of this section, to be eligible for the grant program in RCW 43.63A.770, a county or city ordinance or other restriction that limits the siting of a qualifying energy project may not contain standards that are more restrictive or burdensome than the applicable model ordinance published by the department under subsection (1) of this section.

(3)(a) The department must review the model ordinance created in this section under the provisions of chapter 43.21C RCW. To the maximum extent appropriate consistent with WAC 197-11-600 as it existed as of January 1, 2028, the department must use the nonproject environmental impact statements prepared by the department of ecology under RCW 43.21C.535 and by the energy facility site evaluation council under RCW 43.21C.405.

(b) A county that adopts the model ordinance under this section that has been reviewed by the department under the provisions of chapter 43.21C RCW is not required to review the ordinance under the provisions of chapter 43.21C RCW.

(4) Nothing in this section renders qualifying energy projects ineligible for the grant program in RCW 43.63A.770 on the basis of:

(a) Being located in a jurisdiction that imposes requirements, standards, or restrictions on qualifying energy projects that are consistent with the permit requirements, guidelines, or best practices for the siting, development, or operation of qualifying energy facilities imposed by a state agency or otherwise required under state law; or

(b) Mitigation being imposed as a result of environmental review under chapter 43.21C or 80.50 RCW to address a probable significant adverse environmental impact.

(5) For purposes of this section, "qualifying energy project" has the same meaning as in RCW 43.63A.770.