Electric Utility Resource Plans and Transportation Electrification Plans.

Electric utilities may be operated by municipalities (municipal electric utilities), public utility districts (PUDs), which are special purpose districts which may be formed to generate and distribute electricity, and privately owned electrical companies (investor-owned utilities).  Investor-owned utility rates are subject to review and approval by the Utilities and Transportation Commission (UTC).

Each electric utility must develop a Resource Plan.  Utilities with 25,000 or more customers that are not fully served by the Bonneville Power Administration (BPA) must develop Integrated Resource Plans (IRPs).  An IRP must include forecasts of projected customer demand and assessments of commercially available conservation and efficiency resources and renewable and nonrenewable technologies.  Utilities with fewer than 25,000 customers or that are fully served BPA customers must complete a Resource Plan with fewer required components than IRPs.  Integrated Resource Plans and other Resource Plans must be updated at least every two years.

Since 2019 the governing body of a municipal electric utility or PUD may adopt an electrification of transportation plan that, at a minimum, establishes a finding that utility outreach and investment in the electrification of transportation infrastructure does not increase net costs to ratepayers in excess of 0.25 percent.  In addition, an investor-owned utility may submit to the UTC an electrification of transportation plan that deploys electric vehicle supply equipment (EVSE) or provides other electric transportation programs, services, or incentives to support electrification of transportation, provided that such EVSE programs or services do not increase costs to customers in excess of 0.25 percent above the benefits of electric transportation to all customers over a period consistent with the utility's planning horizon under its most recent IRP.  The UTC may allow an incentive rate of return on investment through December 31, 2030, on capital expenditures for EVSE that is deployed for the benefit of ratepayers, provided that the capital expenditures do not increase costs to ratepayers in excess of 0.25 percent.  The incentive rate of return on investment applies to any EVSE project that is installed after July 1, 2015.
 
Building Requirements for Electric Vehicle Infrastructure.

The State Energy Code (Code) is part of the State Building Code, which sets the minimum construction requirements for buildings in the state.  The Code provides a maximum and minimum level of energy efficiency for residential buildings and the minimum level of energy efficiency for nonresidential buildings.  The State Building Code Council (Council) maintains the Code.  Unless otherwise amended by rule, the Code must reflect the 2006 edition.  The Council reviews, updates, and adopts model state building codes every three years.  The Council must adopt rules for electric vehicle infrastructure requirements.  Rules adopted by the Council must consider applicable national and international standards.
 
In 2019 the Council was directed to develop rules for electric vehicle infrastructure that require electric vehicle charging capability at all new buildings that provide on-site parking.  These rules must be implemented by July 1, 2021, and provide that:

• where parking is provided, the greater of one parking space or 10 percent of parking spaces, rounded to the next whole number, must be provided with wiring or raceway size to accommodate 208/240 V 40-amp or equivalent electric vehicle charging;
• electrical rooms serving buildings with on-site parking must be sized to accommodate the potential for electrical equipment and distribution required to serve a minimum of 20 percent of the total parking spaces with 208/240 V 40-amp or equivalent electric vehicle charging;
• load management infrastructure may be used to adjust the size and capacity of the required building electric service equipment and circuits; and
• for accessible parking spaces, the greater of one parking space or 10 percent of accessible parking spaces, rounded to the next whole number, must be provided with electric vehicle charging infrastructure that may also serve adjacent parking spaces not designated as accessible parking.

 
Zero-Emission Vehicle Program.

Under the federal Clean Air Act (federal CAA), most states, including Washington, are restricted from enacting their own emissions standards for new motor vehicles, which is an authority generally reserved to the federal government.  California is the only state allowed under the federal CAA to adopt state standards for vehicle emissions.  California's vehicle emissions standards must be at least as protective of public health as federal standards and must be approved by the United States Environmental Protection Agency (EPA).  Other states may adopt vehicle emissions standards that are identical to California's vehicle emissions standards for specific vehicle model years.  The motor vehicle emissions standards established by California contain two program components:  low-emission vehicle (LEV) requirements and zero-emission vehicle (ZEV) requirements.

The California ZEV program requires that a specified percentage of the vehicles delivered for sale in the state by manufacturers must be ZEVs.  California's current ZEV standards for passenger cars and light-duty trucks require that ZEV credits equal to 9.5 percent of vehicles produced by manufacturers and delivered for sale in California be ZEVs by 2020, increasing to 22 percent for model year 2025 and beyond.  In 2020 the Legislature enacted a bill that requires the Department of Ecology (Ecology) to adopt all of California's motor vehicle emission standards, including the ZEV program. 

Greenhouse Gas Emission Limits.

In 2008 Washington enacted legislation that sets a series of limits on the emission of greenhouse gases (GHGs) within the state.  Ecology is responsible for monitoring and tracking the state's progress toward the emission limits.  In 2020 additional legislation was enacted to update the state limits to the following:

• By 2020, reduce overall emissions of GHGs in the state to 1990 levels, or 90.5 million metric tons.
• By 2030, reduce overall emissions of GHGs in the state to 45 percent below 1990 levels, or 50 million metric tons.
• By 2040, reduce overall emissions of GHGs in the state to 70 percent below 1990 levels, or 27 million metric tons.
• By 2050, reduce overall emissions of GHGs in the state to 95 percent below 1990 levels, or 5 million metric tons, and achieve net-zero GHG emissions.

The substitute bill makes the following changes to the original bill:

• requires the Department of Commerce (Commerce) infrastructure forecasting tool to provide data at a scale that supports electric utility planning for both system-wide impacts and impacts on specific distribution system components;
• specifies that Commerce's infrastructure forecasting tool must incorporate Department of Transportation passenger and freight vehicle data;
• establishes a definition of "green hydrogen" that derives from Clean Energy Transformation Act-compliant electricity, and directs Commerce's tool to distinguish Green Hydrogen infrastructure from other hydrogen fueling infrastructure, if possible;
• requires Commerce's stakeholder process to involve stakeholders, including electric utilities, early in the development of the infrastructure tool;
• requires electric utilities in their Resource Plans and Integrated Resource Plans to support and account for load forecast scenarios that consider anticipated levels of zero-emission vehicle use in a utility's service area;
• clarifies that utility Resource Plans must support and account for assumed use case forecasts and associated energy impacts, rather than 'relevant infrastructure';
• clarifies that utility Resource Plans filed after September 1, 2023, may, but are not required to, use the forecasts generated by Commerce's infrastructure tool;
• clarifies that the State Building Code Council rules that must be implemented by July 1, 2024, may also be periodically updated after 2024; and
• amends the intent section to reference a goal of siting electric vehicle supply infrastructure in desirable locations with amenities, such as near small retailers.