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SHB 2388

Momentum Bucket Early Stage
Legal Title AN ACT Relating to the siting of distributed energy generation resources on agricultural lands in a manner that does not interfere with the continued use of such lands for agricultural production;
Bill Description Concerning the siting of distributed energy generation resources on agricultural lands.
What this bill does
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This bill amends existing Washington statutes: it changes RCW 43.21F.100 to expand and list specific "distributed energy priorities" (including siting locations and types of solar, wind, storage, microgrids, and demand-management programs) and it changes RCW 36.70A.177 to explicitly allow "solar pivot corner facilities" as an accessory use on designated agricultural lands subject to the accessory-use limits in that section. The bill requires "the department" to review and, when appropriate, periodically recommend additional distributed energy priority types to the Legislature, and it adds a severability clause. The bill defines two new facility types and clarifies operational and siting requirements. An "agrivoltaic facility" is a ground-mounted photovoltaic system designed to operate at the same time as continued productive agricultural uses (crop production, grazing, animal husbandry, and apiaries with pollinator habitat), must not involve sale of a water right, must not permanently or significantly degrade productivity after operations cease, and must be constructed and sited to allow integrated simultaneous production of solar energy and marketable agricultural products (on land beneath or between panel rows, and beginning agricultural production "as soon as agronomically feasible and optimal" after the commercial solar operation date). A "pivot corner facility" is a ground-mounted photovoltaic system on noncultivated land immediately adjacent to and outside a center-pivot irrigated cropland area but within the same field, designed to operate coincident with productive use of the adjacent irrigated land and likewise must not involve sale of a water right. The law also provides accessory-use limits: nonagricultural accessory uses must be consistent with the size, scale, and intensity of existing agricultural uses and buildings, be located within already developed areas, and not convert more than one acre to nonagricultural use, and counties and cities may limit or exclude those accessory uses. The change is a statutory amendment that adds new defined facility categories, imposes siting and operational conditions, authorizes a specific accessory land use on agricultural lands subject to limitations, and creates a procedural review duty for the department. Important context is missing from the extracted text: the specific agency referred to as "the department" is not identified, the term "commercial solar operation date" is not defined here, and other referenced terms and linked RCW provisions are not provided in full in the excerpt.
Why it matters
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If enacted, the law would open more explicit paths to place solar and other distributed energy resources on and next to working farms and on nontraditional sites (roadsides, landfills, reclaimed mines, remediated sites), while formally recognizing agrivoltaic systems and small "pivot corner" solar as allowable accessory uses on designated agricultural lands. Farmers and other landowners would gain more options to earn income from solar while continuing agricultural production, but they would take on design and operational responsibilities—arrays must support simultaneous, viable farming, avoid permanently degrading productivity, not involve sale of water rights, and begin agricultural production as soon as agronomically feasible after the solar starts—requirements that are likely to increase project planning and installation costs and create ongoing obligations to maintain farm operations. Local governments retain authority to limit or exclude these accessory uses and must apply existing size, scale, location, and acreage conversion limits, so how much development actually happens will depend on county and city zoning choices. Utilities and owners of transportation corridors, landfills, mines, and cleaned-up contaminated sites will see more siting options for distributed resources, and a state department is directed to periodically review and recommend additional priorities; however, the bill text does not identify which department, does not define "commercial solar operation date" or some site terms, and leaves timing and enforcement details unclear.
Official Documents View Full Bill Text
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SHB 2388 Details and Bill Topics

Details

Date Introduced 01/30/2026
Originating Chamber House
Biennium 2025-26
Total Campaign Dollars Backing Bill $2,192,576.75

Bill Topics

AGRICULTURE
ENERGY

SHB 2388 Sponsors and Committee Hearings

Sponsors

Representative Hall (Primary)
Representative Doglio
Representative Ramel
Representative Reed
Representative Parshley
Representative Duerr
Representative Kloba
Representative Gregerson
Representative Bernbaum

Committee Hearings

Hearing House Local Government (Public)
Hearing House Local Government (Executive)
Go to SHB 2388 at leg.wa.gov

SHB 2388 Bill Timeline

Early Stage
2/18/2026
HRules X
House Rules "X" file.
2/18/2026
HRules X
Returned to Rules Committee for second reading.
2/10/2026
HRules X
Rules Committee relieved of further consideration. Placed on second reading.
2/2/2026
HRules X
Referred to Rules 2 Review.
1/29/2026
HRules X
LG - Majority; 1st substitute bill be substituted, do pass.
1/29/2026
HRules X
LG - Executive action taken by committee.
1/11/2026
HRules X
First reading, referred to Local Government.
1/8/2026
HRules X
Prefiled for introduction.

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