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                                            ENGROSSED SENATE BILL 5831

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State of Washington                              53rd Legislature                             1993 Regular Session

By Senators Barr, Sutherland and McCaslin

Read first time 02/16/93.  Referred to Committee on Energy & Utilities.

Limiting certain payments by electrical utilities to owners of residences in which the primary heat source is electric resistance space heat.

          AN ACT Relating to specifying that payments to building owners authorized under RCW 19.27A.035 are available only if the primary heat source of a structure is electricity; amending RCW 19.27A.035;  creating a new section; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  The legislature finds that when new energy-efficient residential building codes were enacted in 1990, payments to certain building owners were required in an effort to offset the higher costs of more stringent component levels of residences heated with electricity.  The legislature further finds that through the code enacted by the state building code council it is possible for owners of residences with other primary heat sources to qualify for these payments even though the costs of these payments are borne by electricity ratepayers, and that this situation should be corrected.

        Sec. 2.  RCW 19.27A.035 and 1990 c 2 s 4 are each amended to read as follows:

          (1) Electric utilities shall make payments to the owner at the time of construction of a newly constructed residential building with electric resistance space heat built in compliance with the requirements of the Washington state energy code adopted pursuant to RCW 19.27A.020 or a residential energy code in effect pursuant to RCW 19.27A.020(7).  Payments made under this section are only required for residences in which the primary heat source is electric resistance space heat.  All or a portion of the funds for payments may be accepted from federal agencies or other sources.  Payments are required for residential buildings on which construction has begun on or after July 1, 1991, and prior to July 1, 1995.  Payments in an amount equal to a fixed sum of at least nine hundred dollars per single family residence are required for such buildings so constructed which are single family residences having two thousand square feet or less of finished floor area.  Payments in an amount equal to a fixed sum of at least three hundred ninety dollars per multifamily residential unit, are required for such buildings so constructed which are multifamily residential units.  For purposes of this section, a zero lot line home and each unit in a duplex and each attached housing unit in a planned unit development shall each be considered a single family residence.

          (2) Electric utilities which provide electrical service in jurisdictions in which the local government has adopted an energy code not preempted by RCW 19.27A.020(7)(b) shall make payments as provided in subsection (1) of this section for residential buildings on which construction has begun on or after March 1, 1990, and prior to July 1, 1991.

          (3) Nothing in this section shall prohibit an electric utility from providing incentives in excess of the payments required by this section or from providing additional incentives for energy efficiency measures in excess of those required under RCW 19.27A.020.

          (4) This section is null and void if any electric utility providing electric service to its customers in the state of Washington purchases at least one percent of its firm energy load from a federal agency, pursuant to section 5.(b)(1) of the Pacific Northwest electric power planning and conservation act (P.L. 96-501), and if such electric utility is unable to obtain from the agency at least fifty percent of the funds to make the payments required by this section.  This subsection shall expire June 30, 1995.

          (5) The utilities and transportation commission shall provide an appropriate regulatory mechanism which allows a utility regulated by the commission to recover expenses incurred by the utility in making payments under this section.

          (6) Subsections (1) through (3) of this section shall expire July 1, 1996.

NEW SECTION. Sec. 3.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

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