Whatcom County Council Committee of the Whole

The Whatcom County Council Committee of the Whole advanced four comprehensive plan chapters on March 24, with nuclear energy emerging as the most significant policy development of the session. After extensive deliberation with invited PUD Commissioner Eddie Urie, the council voted 7-0 to allow nuclear energy—both fusion and fission technologies—in county policy for the first time since a 1984 citizen initiative established Whatcom County as a nuclear-free zone. The nuclear policy shift represented a fundamental change in the county's approach to future energy planning. Council Member Ben Elenbaas argued that the county cannot continue banning traditional energy sources while mandating electric transition without considering nuclear options, stating the conversation was necessary given legislative pressure to move away from fossil fuels. The council's decision sets the stage for future code amendments that would need to reconcile the new comprehensive plan language with existing anti-nuclear ordinances. Beyond nuclear policy, the council tackled complex agricultural water rights issues, with Council Member Elenbaas pushing for language that would prioritize agricultural water use in economic planning. After considerable wordsmithing, the council approved policies acknowledging that access to water is "necessary for agriculture to remain the highest and best use of designated Agricultural Lands." This represents significant policy development as the county faces ongoing water adjudication. The session also featured detailed discussions on emerging off-grid infrastructure technologies, including composting toilets, rainwater catchment systems, and distributed renewable energy. Staff provided practical insights into existing permitting processes, revealing that while composting toilets are already permitted, gray water still requires traditional septic systems, creating financial barriers for off-grid development. Five formal votes were taken across the four chapters, with all but two items passing unanimously. Council Members Elenbaas and Stremler cast dissenting votes on finalizing the transportation and capital facilities chapters for public hearing, though their reasons were not specified in the transcript.

**Chapter 6 Transportation (AB 2026-218):** - Approved 7-0 to continue review with amendments - Approved 7-0 to rename Coast Millennium Trail to Salish Coast Trail - Approved 5-2 to send to public hearing (Elenbaas and Stremler dissenting) - Added language to fund updates to the 2011 bicycle and pedestrian plan **Chapter 4 Capital Facilities (AB 2026-216):** - Approved 7-0 to continue review with amendments - Approved 7-0 to shift off-grid language from residential to public facilities development - Approved 5-2 to send to public hearing (Elenbaas and Stremler dissenting) **Chapter 5 Utilities (AB 2026-217):** - Approved 7-0 to continue review with amendments - Approved 7-0 to add "when the county has permitting responsibilities" to tribal consultation policy - Approved 7-0 to replace "fusion" with "nuclear" throughout energy policies and add "low-carbon or renewable" language - Held open for additional water infrastructure amendments related to adjudication **Chapter 7 Economic Development (AB 2026-231):** - Approved 7-0 to continue review - Approved 7-0 to soften agricultural water policy language from "shall ensure" to "should strive" - Multiple agricultural and workforce development policies approved - Some items held for water adjudication review **2026 Legislative Session Update (AB 2026-037):** - $13 million secured for flood response - $30 million for county infrastructure damaged in floods - Behavioral health and law enforcement diversion programs cut by 30% - Ferry district legislation passed enabling countywide levy authority

**Eddie Urie, on nuclear fusion technology:** "If that plan in Chelan works in 2028, you're going to be seeing waves — it completely changes all elements of energy globally." **Ben Elenbaas, on energy planning reality:** "We can't outlaw and abolish and ban all of the energy sources other than electric and not have the conversation of nuclear. It's just we don't get enough sunshine to, you know, be completely solar." **Ben Elenbaas, on agricultural water access:** "The land that I have water rights on is productive enough to make water and pay my property taxes. The land that doesn't have water rights, I don't even generate enough money to pay the property taxes." **Eddie Urie, on fusion versus fission safety:** "So if anything goes wrong, it just gets snuffed out and it stops. There's no runaway. There's no chance of a runaway meltdown reaction occurring." **Jon Scanlon, on county responsibilities:** "I'm wondering if the intent of this would set us up for any responsibility around any hydropower within our county." **Kaylee Galloway, on off-grid development:** "An off grid house might, for example, have like solar panels on the roof with like a battery backup. So they really never even need to tie into the grid, hence off grid."