Washington SB 5445: Prohibiting the use of eminent domain for economic development.

Bill Text

CERTIFICATION OF ENROLLMENT
ENGROSSED SUBSTITUTE SENATE BILL 5445
Chapter 265, Laws of 2025
69th Legislature
2025 Regular Session
DISTRIBUTED ENERGY—VARIOUS PROVISIONS
EFFECTIVE DATE: July 27, 2025
Passed by the Senate April 22, 2025
Yeas 48 Nays 0
DENNY HECK
President of the Senate
Passed by the House April 15, 2025
Yeas 96 Nays 1
LAURIE JINKINS
Speaker of the House of
Representatives
CERTIFICATE
I, Sarah Bannister, Secretary of
the Senate of the State of
Washington, do hereby certify that
the attached is ENGROSSED
SUBSTITUTE SENATE BILL 5445 as
passed by the Senate and the House
of Representatives on the dates
hereon set forth.
SARAH BANNISTER
Secretary
Approved May 13, 2025 10:23 AM FILED
May 14, 2025
BOB FERGUSON
Governor of the State of Washington
Secretary of State
State of Washington

AN ACT Relating to encouraging the development of distributed 1
energy resources; amending RCW 84.34.020, 84.34.070, and 19.285.040; 2
adding a new section to chapter 43.21F RCW; adding a new section to 3
chapter 43.21C RCW; and creating new sections.4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. The legislature finds that, as Washington 6
works towards meeting its goals under the clean energy transformation 7
act, we see many larger-scale renewable energy projects proposed. 8
These projects can come with significant challenges. This act aims to 9
incentivize the development of local distributed energy resources. 10
This may include expediting installation of small-scale wind energy 11
developments, solar energy developments on landfills, structures, and 12
other developed lands, and the placement of solar panels on 13
agricultural lands that ensure the continued viability of agriculture 14
alongside energy production. The legislature also finds that local 15
economies benefit from distributed energy projects, which can create 16
high quality jobs, provide opportunities for training apprentice 17
workers, and improve grid resilience. The legislature intends to 18
support utilities in investing in local distributed energy resilience 19
by providing greater incentives in the energy independence act for 20
utilities who invest in distributed energy priority projects.21
ENGROSSED SUBSTITUTE SENATE BILL 5445
AS AMENDED BY THE HOUSE
Passed Legislature - 2025 Regular Session
State of Washington 69th Legislature 2025 Regular Session
By Senate Environment, Energy & Technology (originally sponsored by
Senators Boehnke, Hasegawa, and Slatter)
READ FIRST TIME 02/21/25.
p. 1 ESSB 5445.SL

NEW SECTION. Sec. 2. A new section is added to chapter 43.21F 1
RCW to read as follows:2
(1) The following categories of clean energy facilities and 3
nonproject activities that reduce environmental impacts are 4
determined to constitute distributed energy priorities:5
(a) Solar energy generation and accompanying energy storage and 6
electricity transmission and distribution, including vehicle charging 7
equipment, when such facilities are located:8
(i) Within the easement, right-of-way, or existing footprint of 9
electrical transmission facilities or electric utility infrastructure 10
sites;11
(ii) Within the easement, right-of-way, or existing footprint of 12
a state highway or city or county road;13
(iii) On structures over or enclosing irrigation canals, drainage 14
ditches, and irrigation, agricultural, livestock supply, stormwater, 15
or wastewater reservoirs or similar impoundments of state waters that 16
do not host salmon or steelhead trout runs;17
(iv) On elevated structures over parking lots;18
(v) On lands within a transportation facility, including but not 19
limited to airports and railroad facilities, or restricted from other 20
developments by transportation facility operations;21
(vi) On closed or capped portions of landfills;22
(vii) On reclaimed or former surface mine lands or contaminated 23
sites that have been remediated under chapter 70A.305 RCW or the 24
federal comprehensive environmental response, compensation, and 25
liability act (42 U.S.C. Sec. 9601 et seq.) in a manner that includes 26
an asphalt or soil cap;27
(viii) As an agrivoltaic facility; and28
(ix) On existing structures;29
(b) Wind energy generation that is not a utility-scale wind 30
energy facility as defined in RCW 70A.550.010, and accompanying 31
energy storage and transmission and distribution equipment, including 32
vehicle charging equipment;33
(c) Energy storage, when such facilities are located:34
(i) Within the easement, right-of-way, or existing footprint of 35
electrical transmission facilities or electric utility infrastructure 36
sites;37
(ii) Within the easement, right-of-way, or existing footprint of 38
a state highway or city or county road;39
p. 2 ESSB 5445.SL

(iii) On lands within a transportation facility, including but 1
not limited to airports and railroad facilities, or restricted from 2
other developments by transportation facility operations;3
(iv) On closed or capped portions of landfills;4
(v) O