Tribal consultation requirements for energy facility council

State Bills: Washington

Published February 13th, 2026

Detected April 1st, 2026

Summary

Washington HB 2496 establishes mandatory tribal consultation requirements for the Energy Facility Site Evaluation Council (EFSEC) when evaluating proposed energy facilities. The bill requires earlier and more comprehensive engagement with tribal governments, ensuring tribes are consulted before EFSEC makes site certification decisions. Passed 70-24 in the House and enacted as Chapter 244, Laws of 2026.

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What changed

The Washington State Legislature enacted HB 2496, which creates statutory tribal consultation requirements for the Energy Facility Site Evaluation Council. The bill mandates that EFSEC engage in formal consultation with affected tribes prior to issuing site certifications for energy facilities. The consultation must occur early in the review process and address tribal interests including cultural resources, treaty rights, and environmental impacts.

Energy facility developers and EFSEC applicants should prepare for enhanced tribal engagement requirements. Companies pursuing site certifications should initiate tribal outreach at the earliest stages of project development. EFSEC staff will need to incorporate formal consultation protocols into their standard review procedures. Developers should budget additional time for consultation processes in project timelines.

What to do next

Review current tribal consultation practices and identify gaps against new statutory requirements
Establish early engagement protocols with potentially affected tribal governments for energy projects in development
Coordinate with EFSEC to understand updated consultation timelines and documentation requirements

Source document (simplified)

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HB 2496 - 2025-26

Concerning tribal consultation conducted by the energy facility site evaluation council. Sponsors: Stearns, Ramel, Parshley, Simmons, Santos, Doglio, Ormsby, Hill, Pollet Companion bill: SB 6010

Bill status-at-a-glance

As of Wednesday, April 1, 2026 06:55 AM

Current version:

Substitute - SHB 2496 (View 1st substitute)

Current status:

C 244 L 26

Where is it in the process?

Bill status-at-a-glance

As of Wednesday, April 1, 2026 06:55 AM

Current version:

Substitute - SHB 2496 (View 1st substitute)

Current status:

C 244 L 26

Where is it in the process?

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Bill history

View all roll calls on this bill

2026 Regular Session

In the House

Jan 15 First reading, referred to Environment & Energy. (View original bill) Jan 26 Public hearing in the House Committee on Environment & Energy at 1:30 PM. (Committee materials) Feb 2 Executive action taken in the House Committee on Environment & Energy at 1:30 PM. (Committee materials) ENVI - Majority; 1st substitute bill be substituted, do pass. (View 1st substitute) (Majority report) Minority; do not pass. (Minority report) Minority; without recommendation. (Minority report) Feb 4 Referred to Rules 2 Review. Feb 12 Rules Committee relieved of further consideration. Placed on second reading. Feb 13 1st substitute bill substituted (ENVI 26). (View 1st substitute) Rules suspended. Placed on Third Reading. Third reading, passed; yeas, 70; nays, 24; absent, 0; excused, 4. (View this roll call)

In the Senate

Feb 17 First reading, referred to Environment, Energy & Technology. Feb 20 Executive action taken in the Senate Committee on Environment, Energy & Technology at 10:30 AM. (Committee materials) ENET - Majority; do pass with amendment(s). (Majority report) Minority; do not pass. (Minority report) Minority; without recommendation. (Minority report) Feb 23 Passed to Rules Committee for second reading. Feb 24 Placed on second reading by Rules Committee. Feb 28 Committee amendment(s) adopted as amended. Rules suspended. Placed on Third Reading. Third reading, passed; yeas, 30; nays, 19; absent, 0; excused, 0. (View this roll call)

In the House

Mar 9 House concurred in Senate amendments. Passed final passage; yeas, 71; nays, 24; absent, 0; excused, 3. (View this roll call) Mar 11 Speaker signed.