SHB 2388
In CommitteeHouse
Distributed energy/ag. lands
Concerning the siting of distributed energy generation resources on agricultural lands.
This status may be delayed. See Action History below for the latest updates.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill clarifies and expands how solar energy projects—including agrivoltaic (shared crop-and-solar use) and pivot corner (solar on land adjacent to irrigation systems)—can be sited on Washington’s agricultural lands without interfering with farming. It updates state laws to prioritize such projects, empower local governments to use flexible zoning, and ensure farmland remains protected and productive.
- Defines and expands the legal categories of distributed energy priorities, including agrivoltaic facilities (solar panels on farmland that coexist with crops/livestock) and pivot corner facilities (solar on non-cultivated land adjacent to center-pivot irrigation systems).
- Requires that agrivoltaic and pivot corner facilities must not degrade agricultural productivity, must support ongoing farming operations, and cannot involve the sale of water rights tied to the land.
- Allows counties and cities to use flexible zoning tools—like cluster zoning, accessory use allowances, and sliding-scale zoning—to encourage solar energy development on agricultural lands while protecting farmland.
- Clarifies that agrivoltaic and pivot corner facilities are considered compatible with agricultural land conservation under state growth management laws, and requires counties to revise related regulations by July 1, 2029.
- Adds new definitions and standards for solar energy projects on agricultural lands, including requirements for panel height, spacing, and compatibility with farm machinery and irrigation.
Who is affected
- Agricultural producers and farmers — Farmers and agricultural producers can install solar panels on their land (e.g., under or between panel rows, at pivot corners) while continuing to grow crops, raise livestock, or maintain apiaries—without losing eligibility for agricultural land protections or water rights.
- Local governments (counties and cities) — Local governments (counties and cities) gain clearer authority to allow solar energy projects on agricultural lands using flexible zoning tools—like cluster zoning or accessory use rules—while still protecting farmland productivity.
- Clean energy developers and utilities — Clean energy developers and utilities can more easily site distributed solar projects (including agrivoltaic and pivot corner systems) on farmland without triggering strict land-use restrictions—so long as the land remains actively used for agriculture.
- State agencies (e.g., Department of Commerce, Department of Ecology) — State agencies (especially the Department of Commerce and Department of Ecology) gain new responsibilities to review and recommend types of clean energy projects that qualify for priority status and ensure compliance with agricultural land protections.
Pro/Con Analysis
Stronger case for benefits
Potential Benefits (5)
Farmers can generate new income from solar leasing while maintaining agricultural operations—e.g., growing crops between panels or raising livestock underneath—without sacrificing eligibility for federal farm programs or conservation incentives.
agriculturePeopleRef: Sec. 1(3)(b)(iv)Sliding-scale zoning gives counties flexibility to approve solar projects on large farms without fragmenting land into small, uneconomical parcels—supporting economies of scale for farmers and developers while preserving contiguous farmland.
Local GovernmentPeopleRef: Sec. 2(2)(e)By explicitly including agrivoltaic and pivot corner facilities as 'distributed energy priorities,' the bill accelerates clean energy deployment on working lands—avoiding conversion of forests, wetlands, or urban areas to solar use and supporting climate goals without sacrificing productive land.
EnvironmentPeopleRef: Sec. 1(3)(a)The bill authorizes counties to allow solar facilities on agricultural land that do not meet formal agrivoltaic or pivot corner definitions—expanding opportunities for small-scale solar developers and utilities to site projects on underutilized farmland, creating local construction and maintenance jobs.
Business & EmploymentPeopleRef: Sec. 2(3)(b)(iii)The bill clarifies that agrivoltaic and pivot corner facilities are presumed compatible with agricultural land conservation under state growth management law—reducing legal uncertainty and costly litigation for counties seeking to update their comprehensive plans.
Local GovernmentPeopleRef: Sec. 3(1)(a)
Potential Concerns (5)
The bill permits agrivoltaic facilities on agricultural land but does not require long-term ecological monitoring or enforceable mitigation for soil compaction, reduced pollinator habitat, or altered hydrology—potentially degrading land quality over time without accountability.
EnvironmentRef: Sec. 1(3)(c)The 1-acre cap on nonagricultural accessory uses (e.g., solar infrastructure, parking, buildings) may be insufficient for utility-scale solar projects, leading to fragmented development, increased infrastructure strain, and potential legal disputes over what constitutes 'one acre' in irregularly shaped pivot corner zones.
Local GovernmentRef: Sec. 2(3)(b)(ii)The requirement that solar arrays be operational 'as soon as agronomically feasible' after commercial operation begins may create scheduling conflicts between solar installation timelines and crop cycles, increasing costs and complexity for farmers and developers alike.
Business & EmploymentRef: Sec. 1(3)(d)The July 1, 2029 deadline for counties to revise regulations may create a patchwork of inconsistent local rules across the state—especially in western Washington—delaying project approvals and increasing compliance costs for developers.
Local GovernmentRef: Sec. 3(1)(a)The prohibition on converting more than one acre to nonagricultural uses may inadvertently incentivize developers to concentrate infrastructure on smaller parcels, increasing visual and noise impacts on nearby rural residential areas and potentially reducing quality of life.
HousingRef: Sec. 2(3)(b)(ii)
Who Is Most Affected
Farmers with existing irrigation systems (especially center-pivot) can lease marginal or non-cultivated land at pivot corners for solar without disrupting water rights or active farming—creating stable, long-term income. However, those with small or irregularly shaped fields may not qualify for pivot corner sites.
Local governments gain clearer authority to approve solar projects on agricultural land using flexible zoning tools, reducing legal risk and enabling climate action. But they also face new administrative burdens to revise regulations by 2029 and may face pressure from residents concerned about visual impacts or farmland loss.
Clean energy developers benefit from streamlined siting pathways on agricultural land—especially large utilities and solar developers seeking to meet state clean energy mandates. However, smaller developers may struggle with the technical and regulatory complexity of agrivoltaic design and compliance.
State agencies gain new responsibilities to review and recommend distributed energy priorities, but the bill does not allocate additional funding for implementation—potentially straining existing staff resources without new budget support.
Rural residents near agricultural zones may benefit from increased local tax revenue and job creation—but could face negative impacts from increased truck traffic, visual obstructions, or concerns about long-term land degradation if monitoring is not enforced.