Clean energy siting bill aligned with EFSEC expedited process under new amendments

In its latest round of amendments, this year’s clean energy siting legislation was updated to fine-tune land use and permitting process requirements.

Governor request legislation, HB 1216 establishes an interagency clean energy siting coordinating council and outlines a new, independent siting process for energy projects of statewide significance. For background and to learn about the proposal’s impact on cities, read our previous summary of the bill’s movements here and here.

According to the amending language adopted in the Senate Ways & Means Committee:

• Permitting decisions made by state and local jurisdictions under what the bill calls the fully coordinated permitting process must be considered final, subject to an available appeals process. Furthermore, applicants utilizing the coordinated permitting process are not eligible for permitting under the Energy Facility Site Evaluation Council (EFSEC) certification process for that proposed project, unless a substantial change is made to the project plan.
• A land use decision, a final decision on a permit or other similar approval required under the Shoreline Management Act, or a decision that would otherwise have been subject to the jurisdiction of the Pollution Control Hearings Board, and which is necessary for a clean energy project, be subject to the expedited process for judicial review already established in law for EFSEC certifications.

HB 1216 cleared Ways & Means last week by a vote of 16-8 and was passed to the Senate Rules Committee.