26-01-2025
Supporting HB 1188 will restore local authority over wind projects in Washington
The following comment was submitted to the Environment & Energy Committee Testimony on HB 1188 Restoring Local Authority Over Wind Projects, January 20, 2025, 1:30 PM
Tri-Cities CARES a nonprofit charity organization that is opposed to the Horse Heaven Hills Wind Farm and Solar Project. We are on record as supporting House Bill 1188.
We have three years of significant first-hand direct experience dealing with the negative and harmful consequences of the Energy Facility Site Evaluation Council and the governor's exercise of preemptive authority, and how it unfairly and unjustly favors the developer and the project.
We watched EFSEC ignore Benton County's comprehensive land use authority and decisions, and bypass substantive compliance with numerous county regulations, instead of ensuring that compliance with local requirements was achieved and maintained, as required by state law.
Our detailed comments on environmental regulatory compliance were largely ignored by EFSEC in the environmental impact statement process.
Only after being unreasonably challenged by the administrative law judge, to demonstrate that we could represent the local interests, were we approved as an intervenor in the adjudication.
We then helplessly watched as relevant expert witness testimony in the adjudication was improperly stricken from the record and not evaluated by the council.
This testimony focused on the very same issues later cited and relied upon by the governor, including the need for reliable power, air quality, visual impacts and property value reductions, aerial firefighting concerns and the lack of a source of water.
In their original recommendation, EFSEC recognized numerous significant adverse negative impacts. They mitigated the impacts by reducing the size of the project and shifting turbine locations away from the residential communities in the Tri-Cities.
However, the governor overrode this common-sense compromise and dictated that the project be maximized, in direct conflict with the rational basis established by the 'Final EIS and Adjudication.'
In deference to the governor's irrational and unsupported demands, EFSEC caved and revised their recommendation, ignoring their own scientific, cultural, social, racial equity and economic conclusions.
EFSEC then created a questionably legal process for siting the turbines.
To this date, no one really knows what the project is — not even the applicant.
The governor ignored the vehement objections of Benton County, local city councils, the Yakama Nation, environmental groups and the vocal majority of local citizens.
The governor ignored all the information indicating that the project is poorly sited. He failed to provide a rational basis to justify that the project provides abundant clean energy at reasonable cost, as required by state law.
This decision undermines the ability of local government to manage strategic planning and economic development, and protect and represent community and public interests.
Consequently, as a last resort, we along with Benton County and the Yakima Nation, submitted a petition for judicial review against EFSEC and the governor.
It's ridiculous that it takes an expensive and lengthy lawsuit to have the legality of these decisions reviewed by the Washington Supreme Court.
Please support this bill in order to ensure that cognizant authorities are fully engaged and that consensus is reached before project approval, so that balanced and rational decisions are achieved on energy projects.
Board Members on behalf of Tri-Cities C.A.R.E.S: Paul J. Krupin, Dave Sharp, Pam Minelli, Karen Burn.
