Goehner bill on siting energy projects becomes law

The measure passed with overwhelming bipartisan support—48-0 in the Senate and 89-8 in the House

Sen. Keith Goehner/R-Dryden/Credit: Washington State Senate

OLYMPIA… Yesterday, the governor signed a bipartisan measure from Sen. Keith Goehner that strengthens local governments’ ability to collaborate with the state on locating major clean-energy projects.

The new law clarifies that cities and counties assisting the Energy Facility Site Evaluation Council (EFSEC)—the state’s centralized permitting authority for large energy projects—cannot be sued for actions taken under EFSEC’s jurisdiction, provided they’re acting under a formal agreement with the council.

“This is about making sure our local governments can be partners in building Washington’s clean-energy future,” said Goehner, R-Dryden, the bill’s prime sponsor. “When a county or city provides technical help or reviews a plan for a wind, solar, or storage project under EFSEC’s process, it shouldn’t have to worry about being dragged into court over zoning rules that the state has already preempted. This law gives them that clarity and protection.”

The measure passed with overwhelming bipartisan support—48-0 in the Senate and 89-8 in the House—underscoring a shared commitment to expanding clean-energy infrastructure while maintaining local input and expertise.

Goehner emphasized that the new policy removes a bureaucratic roadblock that could slow down clean-energy development, especially in rural communities that stand to benefit economically from the location of new projects.

“We need responsible energy development, and that means state and local governments working together, not tripping over red tape. This is about common sense, legal clarity, and empowering local voices in the energy-siting process,” Goehner said.

Under the law created by Senate Bill 5317, local governments that assist EFSEC on certified energy facilities, such as nuclear-power plants, large-scale solar arrays, battery-storage sites, or clean-energy manufacturing facilities, are shielded from lawsuits claiming their actions are inconsistent with preempted local codes.

“Energy innovation doesn’t happen in a vacuum. Our cities and counties have the technical knowledge and on-the-ground experience to make these projects successful,” added Goehner. “This ensures they can be at the table, helping to move good projects forward without legal handcuffs.”

The law will take effect July 27, 90 days after this Sunday’s end of the regular legislative session, which began Jan. 13.

For more information on Goehner’s legislative work, visit keithgoehner.src.wastateleg.org.

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