Bill > HB2496

This bill modifies existing state law regarding consultation between the Energy Facility Site Evaluation Council (EFSEC) and federally recognized tribes when an energy facility is proposed. Specifically, it mandates that within 90 days of receiving an application for certification, the EFSEC chair and designated staff must offer to conduct government-to-government consultation with affected tribes. This consultation must occur once tribes have enough information to assess potential project impacts and should be scheduled to align with the application review timeline. The bill also clarifies that if a tribe requests it, consultation can include as many council members as possible, and attendance by a quorum of the council at such consultations will not be considered a public meeting under chapter 42.30 RCW (the Open Public Meetings Act) as long as no deliberation occurs and no commitments are made. The primary goal of this consultation is for the tribe to provide information about its resources or rights that might be affected by the proposed facility and to propose ways to avoid, minimize, or mitigate any adverse effects. Furthermore, the bill requires the EFSEC's report to the governor to include a summary of this consultation process, which must be provided to the tribe for review and potential correction or addition before submission. Finally, the bill amends the Open Public Meetings Act to explicitly exempt government-to-government consultations with federally recognized tribes, as required by RCW 80.50.060, from its provisions.