Whatcom County Council Committee of the Whole - March 24, 2026 | Real Briefings
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Whatcom County Council Committee of the Whole

WHA-CON-CTW-2026-03-24 March 24, 2026 Committee of the Whole Whatcom County
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Executive Summary

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 chapter

Key Decisions & Actions

& Actions **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 #

Notable Quotes

**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 aroun

Full Meeting Narrative

# Whatcom County Tackles Nuclear Power and Comprehensive Plan Updates in Marathon Session ## Meeting Overview The Whatcom County Council Committee of the Whole convened Tuesday afternoon at the County Courthouse for what would become a three-hour deep dive into some of the county's most complex policy challenges. Chair Kaylee Galloway called the hybrid meeting to order at 1:05 PM with six council members present and one expected shortly. The agenda centered on comprehensive plan updates, but the session would be dominated by an extended debate over nuclear energy policy that revealed fundamental tensions about how to balance environmental goals with energy needs. The meeting tackled updates from the 2026 state legislative session and reviewed four comprehensive plan chapters covering transportation, capital facilities, utilities, and economic development. What began as routine policy review transformed into substantive discussions about off-grid housing development, fusion versus fission energy sources, and the economics of agricultural water rights. ## State Legislative Session Delivers Mixed Results Jed Holmes from the county executive's office provided an overview of outcomes from the recently concluded state legislative session, delivering both good news and concerning cuts for local programs. The county secured "the biggest win perhaps of all" with $13 million in flood response funding for public works projects damaged in December's emergency, plus additional millions for risk assessment and debris removal. "We received the money we were looking for for adjudication costs related to court staffing levels and some of their plans for that," Holmes reported, noting this would provide "significant impact on how the courts are able to handle the cases, the claims that are coming in." However, cuts to behavioral health and social services programs raised concerns. The Whatcom County Behavioral Health Co-response team faced a 30% reduction, law enforcement diversion programs were cut by 30%, and the Recovery Navigator program lost 10% of its funding. "These cuts, they would start taking place start July 1st for that upcoming fiscal year," Holmes explained. Council Member Elizabeth Boyle pressed for details on how these cuts would affect local families and programs, particularly the Working Connections childcare program, which saw $600 million in cuts statewide over four years. Holmes acknowledged he didn't have specific local impact numbers but committed to providing that analysis. The session also yielded important infrastructure legislation. House Bill 2588 concerning County Ferry District Authority passed both chambers and awaited the governor's signature, expanding ferry districts' authority to fund vehicle ferry systems beyond the previous passenger-only limitation. ## Transportation Chapter Advances with Trail Name Change The council quickly approved continuing review of the transportation chapter, incorporating Planning Commission recommendations and additional council amendments. The most significant change came from Council Member John Scanlon, who moved to update policy references from "Coast Millennium Trail" to "Salish Coast Trail." "The coast millennium trail is a new name. Salish Coast Trail. It is something I think been in works for a little while and came out, I think came out publicly at the trail summit towards the end of last year," Scanlon explained. "So it's the new name for the trail that connects from Bellingham to Ferndale to Birch Bay to Blaine." The amendment passed 7-0, with Scanlon noting this was likely the only mention in the transportation chapter, though similar references might appear in the recreation chapter when reviewed. A second amendment regarding bicycle and pedestrian planning also drew support. Amendment 29 required funding commitments for updating the county's bicycle and pedestrian plan, which dates to 2011. "We also have received a letter from the bicycle and pedestrian advisory committee suggesting that we do fund this update to the bicycle and pedestrian plan," Scanlon noted. The transportation chapter ultimately advanced 5-2, with Council Members Ben Elenbaas and Mark Stremler dissenting. ## Off-Grid Housing Development Gains Ground Chair Galloway introduced amendments promoting off-grid housing development, reflecting conversations with community members about emerging sustainable development practices. "Some conversations I've been having with a community member around kind of emerging development concepts of off-grid housing and really looking to models that are kind of promote compatibility between rural living and resource lands," she explained. The concept encompasses homes with solar panels and battery backup systems that never connect to the electrical grid, along with innovative water catchment and highly efficient design features. Initially proposed for rural residential development, the policy evolved during discussion to focus on public facilities after input from Planning and Development Services staff and Council Member Elenbaas. "It might fit better somewhere else, but you could probably adapt it the concept to even public infrastructure," Elenbaas suggested. "I mean, like, think about a toilet in a park, you know what I mean? Like off-grid facilities in some of our more rural parks. Probably be cheaper to put it in this way than try and run stuff up there." The amended policy ultimately read: "Explore opportunities to support alternative infrastructure models and off-grid and distributed renewable energy systems serving public facilities development, where such systems reduce reliance on existing infrastructure and advance the County's climate resilience goals." Public Works' Gary Stoicka provided practical insights about water catchment regulations, confirming that the Department of Ecology allows rainwater collection from normal roofs, though not from structures specifically designed for large-volume collection. Haley from the health department offered detailed information about composting toilets and alternative waste systems, noting that while approved systems exist, gray water requirements often make traditional septic systems more cost-effective. "The problem is we still have to address the gray water, which basically requires the same as a septic system," she explained. "So folks typically, when they get to that decision, go, I'll just combine both into one to save on finances." ## Nuclear Energy Debate Dominates Utilities Discussion The afternoon's most contentious discussion centered on nuclear energy policy, with PUD Commissioner Eddie Urie joining the session to provide expert perspective on fusion versus fission technologies. The debate revealed fundamental questions about how to balance environmental protection with evolving energy needs. Galloway had initially proposed language supporting fusion energy development, but the discussion quickly expanded to consider broader nuclear technologies. Urie explained the distinction: "Fusion, right? It's the way the sun generates energy. incredibly hard to create that reaction on Earth. We don't have the density. But so the breakthroughs have been that we're actually able to do that." The conversation highlighted Washington State's position at the forefront of fusion development, with one project already under construction in Chelan County to serve Microsoft data centers. "Whether it works and operates and whether it's commercially efficient enough to scale and how long that will take, those are all unknowns," Urie acknowledged. "But because of that and because I know our general manager's been with great passion following the developments in Fusion and all of the competing companies around the world, of which several of the world's leading are in Washington State." Legal complications emerged around the county's 1984 nuclear-free zone ordinance. Attorney Kimberly Tulene advised that comprehensive plan changes would need to precede any code amendments to allow nuclear energy production. "You don't start your analysis in terms of your interpretation of a legislation by council by looking at what the purpose of the point was. You start with a plain language of the provision," she noted. Council Member Elenbaas argued forcefully for broader nuclear language rather than limiting discussion to fusion. "I would prefer like if we're going to talk about this as an actual solution to affordable power um for the community that we use the word nuclear," he said. "We can't outlaw and abolish and ban all of the energy sources other than electric and not have the conversation of nuclear." His perspective reflected concerns about energy transitions happening faster than market forces might naturally support. "We're driving out investment in fossil fuels. We're talking about taking out dams. We're trying to ban the use of natural gas in the production of electricity. And we're trying to transition to an electric, more use of electric, right? And we're doing that like legislatively faster than a market would probably transition." The council ultimately approved language supporting "nuclear" rather than just "fusion" energy development, while requiring engagement with tribal treaty rights holders before any resource-intensive energy projects proceed. The final policies addressed emerging low-carbon or renewable energy technologies and established frameworks for updating county code as needed. Commissioner Urie provided sobering context about nuclear fission's geopolitical implications, noting current uranium imports from Russia and environmental concerns about mining and processing. "So once you build a thing that can only run on a very specific type of fuel, then all bets are off until you get that fuel," he observed. ## Agricultural Water Rights Take Center Stage Economic development chapter discussions focused heavily on water access for agricultural operations, with Council Member Elenbaas leading efforts to strengthen policy language supporting farm water rights. The amendments reflected broader concerns about adjudication processes and the relationship between water access and agricultural economic viability. "The best way to protect farmland is to make it economically viable," Elenbaas argued. "Like once farmland is now no, like the national studies will say, and I don't know how exactly they're, they're doing the math, but it's like once farmland is no longer economically viable, it's like 70% more likely to convert to not farmland." His personal farming experience illustrated the challenges: "The difference between making money even enough to pay my property taxes. is 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." The policy language evolved through extensive debate to acknowledge water access as fundamental to agricultural economic viability while avoiding commitments that might legally obligate the county to provide water services. The final version read: "County policy should strive for agricultural lands to remain not only physically preserved but also economically productive, while acknowledging that access to water is necessary for agriculture to remain the highest and best use of designated Agricultural Lands." A separate policy addressed water infrastructure more broadly: "The County should support efficient agricultural water use in land-use, resource management, and economic planning. Water management policies should explicitly support ongoing and future agricultural operations as a critical component of Whatcom County's economy." Gary Stoicka from Public Works had cautioned against language that might be interpreted as county commitments to ensure water supply. "The way that reads with the county policy shall ensure, it could be interpreted that the county is going to ensure a supply of water for agriculture. And I don't think that's the intent," he noted. ## Childcare and Workforce Development The economic development discussions also addressed childcare as workforce infrastructure. Amendment 35 recognized childcare access as fundamental to economic vitality: "Recognize that access to available and affordable child care supports workforce participation and economic vitality in Whatcom County. Support local efforts to expand the availability of affordable, quality child care as part of workforce development." The policy incorporated recommendations from the Child and Family Well-Being Task Force, reflecting growing recognition of childcare as essential economic infrastructure rather than just social service. ## Procedural Coordination and Future Planning Throughout the session, the complexity of coordinating policies across multiple comprehensive plan chapters became evident. Several chapters reference water issues and adjudication processes, leading to decisions to hold certain items for cross-chapter review in April. "We're holding our kind of like cross chapter adjudication review I think at the one of our April sessions so chapter five was included among it was like 2578 10, five, at least five of our 12 chapters talked about adjudication in some form," Galloway explained. The utilities chapter remained open for additional water infrastructure amendments, recognizing potential need for policies enabling regional water sharing agreements between systems like Bellingham and Linden. ## Looking Forward The meeting concluded with plans for continued comprehensive plan review and specific attention to adjudication-related policies across multiple chapters. The nuclear energy discussion established framework for potential future code updates while the off-grid development policies position the county to adapt to emerging sustainable technologies. Commissioner Urie's parting advice captured the session's themes: "I think in general, We're due for a comprehensive code update for both existing and emerging energy technologies and new types of facilities that are coming into the world that didn't exist last time we updated the code." The meeting adjourned with substantial progress on four comprehensive plan chapters, though several policy areas remain open for additional refinement as the county grapples with balancing environmental protection, economic development, and emerging technologies in its long-term planning framework.

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