Planning and Development Committee

**Historical Context and Legal Foundation** The discussion centered on the complex history of Whatcom County's power line restrictions. In 1990, voters passed Initiative I-90 limiting electrical infrastructure to 115 kilovolts outside industrial zones or existing installations. However, as Clark explained, this initiative was technically illegal because initiatives cannot repeal portions of zoning ordinances—that power is outside the scope of initiative authority. Despite this legal flaw, the county codified the restriction in Ordinance 1990-124. The code has been modified several times since 1990, with the most significant change coming in 2004 through Ordinance 2004-041, which added stricter wattage requirements alongside voltage limits. These changes reflected various health concerns about electromagnetic fields from transmission lines, though Clark noted that the World Health Organization concluded in 2016 that current evidence does not confirm health consequences from low-level electromagnetic field exposure. **Current Grid Limitations and Future Needs** PSE's advocacy for the code change stems from practical grid modernization needs. The Clean Energy Transformation Act requires all retail electricity sales to be greenhouse gas neutral by 2030, necessitating higher voltage transmission lines to transport increased renewable electricity to consum…

**Lucas Clark (Planning and Development Services):** Presented comprehensive background supporting the code change, emphasizing legal, economic, and practical benefits. Noted the Planning Commission's unanimous recommendation for approval and highlighted the extensive conditional use criteria that would govern any new installations. **Council Member Kaylee Galloway:** Strongly supportive, noting she and Council Member Donovan brought this forward in October 2024. Emphasized the importance for energy security, grid modernization, and attracting infrastructure investments including hydrogen and renewable energy projects. Mentioned letters of support from the PUD, PSE, and BP. **Council Member Todd Donovan:** Asked practical questions about regulatory comparisons with other counties and seemed generally supportive of understanding the br…

**Lucas Clark, on the legal status of the original initiative:** "While the initial 1990 ordinance was codified wasn't fact illegal as any ordinance proposed by initiative, which would repeal a portion of county zoning ordinance is outside the scope initiative power." **Lucas Clark, on current health evidence:** "In 2016 the World Health Organization stated based on recent in depth review of scientific literature that who concludes that current evidence does not confirm the existence of any h…

**Legal Framework:** The proposed ordinance would fundamentally alter Whatcom County's approach to electrical transmission infrastructure for the first time since 1990, removing the effective prohibition on 230 kilovolt lines outside industrial zones. **Regional Alignment:** Whatcom County would no longer be the sole outlier in PSE's service area restricting 230kV transmission lines, potentially making the county more attractive for energy infrastructure investments. **Regulatory Process:** New electrical infrastructure of 115kV and above would …

### Meeting Overview The Whatcom County Planning and Development Committee met on Tuesday, May 27, 2025, to discuss proposed changes to county code that would allow higher voltage power lines. The committee reviewed AB2025-380, an ordinance that would increase the allowable power line voltage from 115 kilovolts to 230 kilovolts in certain zones, with the item scheduled for introduction to the full County Council that evening. ### Key Terms and Concepts **Kilovolt (kV):** A unit measuring electrical voltage, equal to 1,000 volts. Higher voltage lines can carry more electricity over longer distances more efficiently. **Conditional Use Permit:** A special approval process requiring public notice, hearings, and review by a hearing examiner for land uses that may have greater community impacts. **Right-of-way:** The legal corridor where utilities can place infrastructure like power lines, typically wider than the roadway itself to accommodate poles and vegetation management. **CETA (Clean Energy Transformation Act):** Washington state law requiring all retail electricity sales to be greenhouse gas neutral by 2030, driving need for upgraded transmission infrastructure. **Initiative I-90 (1990):** A voter-approved measure that limited electrical power infrastructure to 115 kilovolts outside industrial areas, making Whatcom County unique in the PSE service area. **Transmission lines:** High-voltage power lines that carry electricity over long distances between power plants and local distribution networks. **PSE (Puget Sound Energy):** The primary electrical utility serving Whatcom County and much of western Washington. **Planning Commission:** Local appointed body that reviews land use proposals and makes recommendations to the County Council. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Jon Scanlon | Committee Chair (temporarily), County Council Member | | Todd Donovan | Committee Member, County Council Member | | Ben Elenbaas | Committee Member, County Council Member | | Kaylee Galloway | County Council Member (not on committee but present) | | Lucas Clark | Planning and Development Services staff presenter | | Brian Heinrich | Puget Sound…