2009-S2.E

AN ACT Relating to the energy office; amending RCW 43.140.040, 43.140.050, 70.94.537, 70.94.541, 70.94.960, 70.120.210, 70.120.220, 19.27.190, 19.27A.020, 19.27A.055, 28A.515.320, 39.35.030, 39.35C.050, 39.35C.090, 39.35C.100, 39.35C.110, 43.06.115, 43.19.675, 43.19.680, 43.31.621, 43.41.175, 43.99I.050, 47.06.110, 82.35.020, 82.35.080, and 90.03.247; reenacting and amending RCW 42.17.2401; adding new sections to chapter 43.330 RCW; adding a new section to chapter 47.01 RCW; adding a new section to chapter 38.52 RCW; creating new sections; recodifying RCW 39.35C.100, 39.35C.110, and 43.21F.015; repealing RCW 43.21F.010, 43.21F.025, 43.21F.035, 43.21F.045, 43.21F.055, 43.21F.060, 43.21F.065, 43.21F.090, 39.35.050, 39.35.060, 39.35.900, 41.06.081, 39.35C.010, 39.35C.020, 39.35C.030, 39.35C.040, 39.35C.060, 39.35C.070, 39.35C.080, 39.35C.120, 39.35C.130, 39.35C.900, and 39.35C.901; providing an effective date; providing an expiration date; and declaring an emergency.

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

NEW SECTION. Sec. 1. Responsibilities of state government need to be limited to core services in support of the public safety and welfare. Some services of the state energy office are primarily advisory and can be eliminated. Essential regulatory functions can be performed by other state agencies and energy-related information services can be provided through a private nonprofit organization. This simplifies state government yet continues to maintain core services. It is the intent of the legislature that the state continue to receive oil overcharge restitution funds for our citizens and that every effort be made to maximize federal funds available for energy conservation purposes.

NEW SECTION. Sec. 2. The following acts or parts of acts are each repealed:

(1) RCW 43.21F.010 and 1975-'76 2nd ex.s. c 108 s 1;

(2) RCW 43.21F.025 and 1994 c 207 s 2, 1987 c 330 s 501, & 1981 c 295 s 2;

(3) RCW 43.21F.035 and 1990 c 12 s 1 & 1981 c 295 s 3;

(4) RCW 43.21F.045 and 1994 c 207 s 4, 1990 c 12 s 2, 1987 c 505 s 29, & 1981 c 295 s 4;

(5) RCW 43.21F.055 and 1981 c 295 s 5;

(6) RCW 43.21F.060 and 1981 c 295 s 6 & 1975-'76 2nd ex.s. c 108 s 6;

(7) RCW 43.21F.065 and 1987 c 330 s 502 & 1981 c 295 s 8; and

(8) RCW 43.21F.090 and 1994 c 207 s 5.

NEW SECTION. Sec. 3. In recognition of the fact that some state energy office functions continue and some were eliminated by chapter . . ., Laws of 1995 (this act), the director of community, trade, and economic development has the discretion to determine the extent to which state energy office employees will be hired to perform the functions transferred to the department by chapter . . ., Laws of 1995 (this act).

The director shall direct the closure of the financial records of the state energy office.

PART I

FUNCTIONS OF THE DEPARTMENT OF COMMUNITY, TRADE, AND

ECONOMIC DEVELOPMENT TO BE PERFORMED BY PRIVATE NONPROFIT CORPORATION

NEW SECTION. Sec. 101. A new section is added to chapter 43.330 RCW to read as follows:

(1) All powers, duties, and functions of the state energy office relating to the following energy efficiency, renewable energy, and energy code functions are transferred to the department of community, trade, and economic development:

(a) Providing support for increasing cost-effective energy conservation, including assisting in the removal of impediments to timely implementation;

(b) Providing support for the development of cost-effective energy resources including assisting in the removal of impediments to timely construction; and

(c) Establishing and maintaining a central repository in the state for collection of existing data on energy resources, including:

(i) Supply, demand, costs, use technology, projections, and forecasts;

(ii) Comparative costs of alternative energy sources, uses, and applications;

(iii) Inventory data on energy research projects in the state conducted in the public and private sectors, and the results thereof.

(2) The department of community, trade, and economic development shall transfer the services performed under subsection (1) of this section to any or all of the following successor organizations:

(a) A private, nonprofit corporation established through an effort undertaken by the state energy office, in cooperation with other agencies, organizations, and businesses within and without the state of Washington;

(b) Any private, nonprofit corporation or corporations, including trade associations, that is or are tax-exempt, nonprofit corporations under section 501(c) of the federal internal revenue code, and that have been involved directly or indirectly in energy conservation education or assistance; and

(3) All authority of the department of community, trade, and economic development relating to the powers, duties, and functions transferred under subsection (1) of this section shall cease June 30, 1996.

(4) For purposes of sections 102 and 103 of this act, "successor organization" means a private, nonprofit corporation, or government entity, that assumes responsibility for providing the services assigned to the department under this section.

NEW SECTION. Sec. 102. A new section is added to chapter 43.330 RCW to read as follows:

(1) To accomplish the establishment of a successor organization pursuant to section 101 of this act, the department may take all necessary and proper steps, including:

(a) Transfer any equipment, software, data base, other assets, or contracts for services to the successor organization under appropriate terms and conditions, including reasonable compensation deemed appropriate by the department;

(b) Unless otherwise provided by agreement, assign any duties and responsibilities to the successor organization that are related to the department's responsibilities under (a) of this subsection and not otherwise assigned by statute; and

(c) Designate one or more persons to serve in the capacity of a member of the board of directors of a successor organization. The state shall not be liable for either the actions of the director in that capacity, nor for the actions of the successor organization.

(2) Any appropriations made to the state energy office for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the department of community, trade, and economic development for use by a successor organization to perform the functions transferred in section 101 of this act.

NEW SECTION. Sec. 103. A new section is added to chapter 43.330 RCW to read as follows:

At the time certain department of community, trade, and economic development services are transferred to a successor organization pursuant to section 101 of this act:

(1) Any supplies, equipment, or other property, whether tangible or intangible, not transferred to the successor organization shall remain the property of the state of Washington and shall be administered by the department;

(2) Any contracts or other obligations of the department not transferred to the successor organization shall be the obligation of the department.

Sec. 104. RCW 43.140.040 and 1981 c 158 s 4 are each amended to read as follows:

Distribution of funds from the geothermal account of the general fund shall be subject to the following limitations:

(1) ((~~Thirty~~)) Fifty percent to the department of natural resources for geothermal exploration and assessment; and

(2) ((~~Thirty percent to the Washington state energy office or its statutory successor for the purpose of encouraging the development of geothermal energy; and~~

~~(3) Forty~~)) Fifty percent to the county of origin for mitigating impacts caused by geothermal energy exploration, assessment, and development.

Sec. 105. RCW 43.140.050 and 1981 c 158 s 5 are each amended to read as follows:

The state treasurer shall be responsible for distribution of funds to the county of origin. Each county's share of rentals and royalties from a lease including lands in more than one county shall be computed on the basis of the ratio that the acreage within each county has to the total acreage in the lease. The ((~~Washington state energy office or its statutory successor~~)) department of community, trade, and economic development shall obtain the necessary information to make the distribution of funds on such a basis.

PART II

FUNCTIONS OF THE DEPARTMENT OF TRANSPORTATION

RELATING TO ENERGY-EFFICIENT TRANSPORTATION

NEW SECTION. Sec. 201. A new section is added to chapter 47.01 RCW to read as follows:

(1) All powers, duties, and functions of the state energy office pertaining to programs providing technical assistance for energy-efficient transportation are transferred to the department of transportation. All references to the director or the state energy office in the Revised Code of Washington shall be construed to mean the secretary or the department of transportation when referring to the functions transferred in this section.

(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the state energy office pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the department of transportation. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the state energy office in carrying out the powers, functions, and duties transferred shall be made available to the department of transportation. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of transportation.

(b) Any appropriations made to the state energy office for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the department of transportation.

(c) Whenever any question arises as to the transfer of any funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

The secretary of the department of transportation has the discretion to determine the extent to which state energy office employees will be hired to perform the functions transferred to the department by chapter . . ., Laws of 1995 (this act).

(3) All rules and all pending business before the state energy office pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the department of transportation. All existing contracts and obligations shall remain in full force and shall be performed by the department of transportation.

(4) The transfer of the powers, duties, and functions of the state energy office shall not affect the validity of any act performed before the effective date of this section.

(5) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

Sec. 202. RCW 70.94.537 and 1991 c 202 s 15 are each amended to read as follows:

(1) A ((~~twenty-three~~)) twenty-two member state commute trip reduction task force shall be established as follows:

(a) ((~~The director of the state energy office or the director's designee who shall serve as chair;~~

~~(b)~~)) The secretary of the department of transportation or the secretary's designee who shall serve as chair;

((~~(c)~~)) (b) The director of the department of ecology or the director's designee;

((~~(d)~~)) (c) The director of the department of community, trade, and economic development or the director's designee;

((~~(e)~~)) (d) The director of the department of general administration or the director's designee;

((~~(f)~~)) (e) Three representatives from counties appointed by the governor from a list of at least six recommended by the Washington state association of counties;

((~~(g)~~)) (f) Three representatives from cities and towns appointed by the governor from a list of at least six recommended by the association of Washington cities;

((~~(h)~~)) (g) Three representatives from transit agencies appointed by the governor from a list of at least six recommended by the Washington state transit association;

((~~(i)~~)) (h) Six representatives of employers at or owners of major worksites in Washington appointed by the governor from a list of at least twelve recommended by the association of Washington business; and

((~~(j)~~)) (i) Three citizens appointed by the governor.

Members of the commute trip reduction task force shall serve without compensation but shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Members appointed by the governor shall be compensated in accordance with RCW 43.03.220. The task force has all powers necessary to carry out its duties as prescribed by this chapter. The task force shall be dissolved on July 1, 2000.

(2) ((By March 1, 1992, the commute trip reduction task force shall establish guidelines for commute trip reduction plans. The guidelines are intended to ensure consistency in commute trip reduction plans and goals among jurisdictions while fairly taking into account differences in employment and housing density, employer size, existing and anticipated levels of transit service, special employer circumstances, and other factors the task force determines to be relevant. The guidelines shall include:

~~(a) Criteria for establishing commute trip reduction zones;~~

(b) Methods and information requirements for determining base year values of the proportion of single-occupant vehicle commute trips and the commute trip vehicle miles traveled per employee and progress toward meeting commute trip reduction plan goals;

~~(c) Model commute trip reduction ordinances;~~

~~(d) Methods for assuring consistency in the treatment of employers who have worksites subject to the requirements of this chapter in more than one jurisdiction;~~

(e) An appeals process by which major employers, who as a result of special characteristics of their business or its locations would be unable to meet the requirements of a commute trip reduction plan, may obtain a waiver or modification of those requirements and criteria for determining eligibility for waiver or modification;

(f) Methods to ensure that employers shall receive full credit for the results of transportation demand management efforts and commute trip reduction programs which have been implemented by major employers prior to the base year;

~~(g) Alternative commute trip reduction goals for major employers which cannot meet the goals of this chapter because of the unique nature of their business; and~~

~~(h) Alternative commute trip reduction goals for major employers whose worksites change and who contribute substantially to traffic congestion in a trip reduction zone.~~

(3) The task force shall assess the commute trip reduction options available to employers other than major employers and make recommendations to the legislature by October 1, 1992. The recommendations shall include the minimum size of employer who shall be required to implement trip reduction programs and the appropriate methods those employers can use to accomplish trip reduction goals.

~~(4)~~)) The task force ((~~shall~~)) may review progress toward implementing commute trip reduction plans and programs and the costs and benefits of commute trip reduction plans and programs and ((~~shall~~)) may make recommendations to the legislature by December 1, 1995, and December 1, 1999. In assessing the costs and benefits, the task force shall consider the costs of not having implemented commute trip reduction plans and programs. The task force shall examine other transportation demand management programs nationally and incorporate its findings into its recommendations to the legislature. The recommendations shall address the need for continuation, modification, or termination or any or all requirements of this chapter. The recommendations made December 1, 1995, shall include recommendations regarding extension of the requirements of this chapter to employers with fifty or more full-time employees at a single worksite who begin their regular work day between 6:00 a.m. and 9:00 a.m. on weekdays for more than twelve continuous months.

Sec. 203. RCW 70.94.541 and 1991 c 202 s 16 are each amended to read as follows:

(1) A technical assistance team shall be established under the direction of the ((~~state energy office~~)) department of transportation and include a representative((s)) of the department((~~s of transportation and~~)) of ecology. The team shall provide staff support to the commute trip reduction task force in carrying out the requirements of RCW 70.94.537 and to the department of general administration in carrying out the requirements of RCW 70.94.551.

(2) The team shall provide technical assistance to counties, cities, and towns, the department of general administration, other state agencies, and other employers in developing and implementing commute trip reduction plans and programs. The technical assistance shall include: (a) Guidance in determining base and subsequent year values of single-occupant vehicle commuting proportion and commute trip reduction vehicle miles traveled to be used in determining progress in attaining plan goals; (b) developing model plans and programs appropriate to different situations; and (c) providing consistent training and informational materials for the implementation of commute trip reduction programs. Model plans and programs, training and informational materials shall be developed in cooperation with representatives of local governments, transit agencies, and employers.

(3) In carrying out this section the ((~~state energy office and~~)) department of transportation may contract with state-wide associations representing cities, towns, and counties to assist cities, towns, and counties in implementing commute trip reduction plans and programs.

Sec. 204. RCW 70.94.960 and 1991 c 199 s 218 are each amended to read as follows:

The department may disburse matching grants from funds provided by the legislature from the air pollution control account, created in RCW 70.94.015, to units of local government to partially offset the additional cost of purchasing "clean fuel" and/or operating "clean-fuel vehicles" provided that such vehicles are used for public transit. Publicly owned school buses are considered public transit for the purposes of this section. The department may also disburse grants to vocational-technical institutes for the purpose of establishing programs to certify clean-fuel vehicle mechanics. The department may also distribute grants to the ((~~state energy office~~)) department of transportation for the purpose of furthering the establishment of clean fuel refueling infrastructure.

Sec. 205. RCW 70.120.210 and 1991 c 199 s 212 are each amended to read as follows:

By July 1, 1992, the department shall develop, in cooperation with the departments of general administration and transportation((~~, and the state energy office~~)), aggressive clean-fuel performance and clean-fuel vehicle emissions specifications including clean-fuel vehicle conversion equipment. To the extent possible, such specifications shall be equivalent for all fuel types. In developing such specifications the department shall consider the requirements of the clean air act and the findings of the environmental protection agency, other states, the American petroleum institute, the gas research institute, and the motor vehicles manufacturers association.

Sec. 206. RCW 70.120.220 and 1991 c 199 s 215 are each amended to read as follows:

The department, in cooperation with the departments of general administration and transportation, and the utilities and transportation commission((~~, and the state energy office,~~)) shall biennially prepare a report to the legislature starting July 1, 1992, on:

(1) Progress of clean fuel and clean-fuel vehicle programs in reducing automotive emissions;

(2) Recommendations for enhancing clean-fuel distribution systems;

(3) Efforts of the state, units of local government, and the private sector to evaluate and utilize "clean fuel" or "clean-fuel vehicles"; and

(4) Recommendations for changes in the existing program to make it more effective and, if warranted, for expansion of the program.

PART III

FUNCTIONS OF THE DEPARTMENT OF COMMUNITY, TRADE,

AND ECONOMIC DEVELOPMENT RELATING TO ENERGY EMERGENCIES

NEW SECTION. Sec. 301. A new section is added to chapter 38.52 RCW to read as follows:

(1) All powers, duties, and functions of the state energy office pertaining to state coordination and regulation of energy emergencies are transferred to the department of community, trade, and economic development. All references to the director or the state energy office in the Revised Code of Washington shall be construed to mean the director or the department of community, trade, and economic development when referring to the functions transferred in this section.

(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the state energy office pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the department of community, trade, and economic development. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the state energy office in carrying out the powers, functions, and duties transferred shall be made available to the department of community, trade, and economic development. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of community, trade, and economic development.

(c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

(3) All rules and all pending business before the state energy office pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the department of community, trade, and economic development. All existing contracts and obligations shall remain in full force and shall be performed by the department community, trade, and economic development.

(4) The transfer of the powers, duties, functions, and personnel of the state energy office shall not affect the validity of any act performed before the effective date of this section.

(6)(a) If a bill is signed into law by June 30, 1995, transferring emergency management functions from the department of community, trade, and economic development to the military department, the state energy office functions relating to energy emergencies transferred in subsection (1) of this section shall be transferred to the military department and all references to the director or the state energy office in the Revised Code of Washington pertaining to the functions transferred shall be construed to mean the adjutant general or the military department when referring to the functions transferred.

(b) If functions are transferred to the military department pursuant to this subsection, all references to the director or the department of community, trade, and economic development in subsections (2) through (5) of this section and in section 302 of this act shall be construed to mean the adjutant general or the military department.

NEW SECTION. Sec. 302. A new section is added to chapter 43.330 RCW to read as follows:

The department shall prepare and update contingency plans for implementation in the event of energy shortages or emergencies. The plans shall conform to chapter 43.21G RCW and shall include procedures for determining when these shortages or emergencies exist, the state officers and agencies to participate in the determination, and actions to be taken by various agencies and officers of state government in order to reduce hardship and maintain the general welfare during these emergencies. The department shall coordinate the activities undertaken pursuant to this subsection with other persons. The components of plans that require legislation for their implementation shall be presented to the legislature in the form of proposed legislation at the earliest practicable date. The department shall report to the governor and the legislature on probable, imminent, and existing energy shortages, and shall administer energy allocation and curtailment programs in accordance with chapter 43.21G RCW.

NEW SECTION. Sec. 303. A new section is added to chapter 43.330 RCW to read as follows:

To supplement contingency plans prepared under section 302 of this act, the department shall be the repository of the petroleum data base, as maintained by the state energy office before the effective date of section 2 of this act. This data base shall be updated and revised pursuant to expressed legislative appropriation.

PART IV

TECHNICAL CORRECTIONS

Sec. 401. RCW 19.27.190 and 1990 c 2 s 7 are each amended to read as follows:

(1)(a) Not later than January 1, 1991, the state building code council((~~, in consultation with the state energy office,~~)) shall establish interim requirements for the maintenance of indoor air quality in newly constructed residential buildings. In establishing the interim requirements, the council shall take into consideration differences in heating fuels and heating system types. These requirements shall be in effect July 1, 1991, through June 30, 1993.

(b) The interim requirements for new electrically space heated residential buildings shall include ventilation standards which provide for mechanical ventilation in areas of the residence where water vapor or cooking odors are produced. The ventilation shall be exhausted to the outside of the structure. The ventilation standards shall further provide for the capacity to supply outside air to each bedroom and the main living area through dedicated supply air inlet locations in walls, or in an equivalent manner. At least one exhaust fan in the home shall be controlled by a dehumidistat or clock timer to ensure that sufficient whole house ventilation is regularly provided as needed.

(c)(i) For new single family residences with electric space heating systems, zero lot line homes, each unit in a duplex, and each attached housing unit in a planned unit development, the ventilation standards shall include fifty cubic feet per minute of effective installed ventilation capacity in each bathroom and one hundred cubic feet per minute of effective installed ventilation capacity in each kitchen.

(ii) For other new residential units with electric space heating systems the ventilation standards may be satisfied by the installation of two exhaust fans with a combined effective installed ventilation capacity of two hundred cubic feet per minute.

(iii) Effective installed ventilation capacity means the capability to deliver the specified ventilation rates for the actual design of the ventilation system. Natural ventilation and infiltration shall not be considered acceptable substitutes for mechanical ventilation.

(d) For new residential buildings that are space heated with other than electric space heating systems, the interim standards shall be designed to result in indoor air quality equivalent to that achieved with the interim ventilation standards for electric space heated homes.

(e) The interim requirements for all newly constructed residential buildings shall include standards for indoor air quality pollutant source control, including the following requirements: All structural panel components of the residence shall comply with appropriate standards for the emission of formaldehyde; the back-drafting of combustion by-products from combustion appliances shall be minimized through the use of dampers, vents, outside combustion air sources, or other appropriate technologies; and, in areas of the state where monitored data indicate action is necessary to inhibit indoor radon gas concentrations from exceeding appropriate health standards, entry of radon gas into homes shall be minimized through appropriate foundation construction measures.

(2) No later than January 1, 1993, the state building code council((~~, in consultation with the state energy office,~~)) shall establish final requirements for the maintenance of indoor air quality in newly constructed residences to be in effect beginning July 1, 1993. For new electrically space heated residential buildings, these requirements shall maintain indoor air quality equivalent to that provided by the mechanical ventilation and indoor air pollutant source control requirements included in the February 7, 1989, Bonneville power administration record of decision for the environmental impact statement on new energy efficient homes programs (DOE/EIS-0127F) built with electric space heating. In residential units other than single family, zero lot line, duplexes, and attached housing units in planned unit developments, ventilation requirements may be satisfied by the installation of two exhaust fans with a combined effective installed ventilation capacity of two hundred cubic feet per minute. For new residential buildings that are space heated with other than electric space heating systems, the standards shall be designed to result in indoor air quality equivalent to that achieved with the ventilation and source control standards for electric space heated homes. In establishing the final requirements, the council shall take into consideration differences in heating fuels and heating system types.

Sec. 402. RCW 19.27A.020 and 1994 c 226 s 1 are each amended to read as follows:

(1) No later than January 1, 1991, the state building code council shall promulgate rules to be known as the Washington state energy code as part of the state building code.

(2) The council shall follow the legislature's standards set forth in this section to promulgate rules to be known as the Washington state energy code. The Washington state energy code shall be designed to require new buildings to meet a certain level of energy efficiency, but allow flexibility in building design, construction, and heating equipment efficiencies within that framework. The Washington state energy code shall be designed to allow space heating equipment efficiency to offset or substitute for building envelope thermal performance.

(3) The Washington state energy code shall take into account regional climatic conditions. Climate zone 1 shall include all counties not included in climate zone 2. Climate zone 2 includes: Adams, Chelan, Douglas, Ferry, Grant, Kittitas, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, and Whitman counties.

(4) The Washington state energy code for residential buildings shall require:

(a) New residential buildings that are space heated with electric resistance heating systems to achieve energy use equivalent to that used in typical buildings constructed with:

(i) Ceilings insulated to a level of R‑38. The code shall contain an exception which permits single rafter or joist vaulted ceilings insulated to a level of R‑30 (R value includes insulation only);

(ii) In zone 1, walls insulated to a level of R‑19 (R value includes insulation only), or constructed with two by four members, R‑13 insulation batts, R‑3.2 insulated sheathing, and other normal assembly components; in zone 2 walls insulated to a level of R‑24 (R value includes insulation only), or constructed with two by six members, R‑22 insulation batts, R‑3.2 insulated sheathing, and other normal construction assembly components; for the purpose of determining equivalent thermal performance, the wall U-value shall be 0.058 in zone 1 and 0.044 in zone 2;

(iii) Below grade walls, insulated on the interior side, to a level of R‑19 or, if insulated on the exterior side, to a level of R‑10 in zone 1 and R‑12 in zone 2 (R value includes insulation only);

(iv) Floors over unheated spaces insulated to a level of R‑30 (R value includes insulation only);

(v) Slab on grade floors insulated to a level of R‑10 at the perimeter;

(vi) Double glazed windows with values not more than U‑0.4;

(vii) In zone 1 the glazing area may be up to twenty-one percent of floor area and in zone 2 the glazing area may be up to seventeen percent of floor area where consideration of the thermal resistance values for other building components and solar heat gains through the glazing result in thermal performance equivalent to that achieved with thermal resistance values for other components determined in accordance with the equivalent thermal performance criteria of (a) of this subsection and glazing area equal to fifteen percent of the floor area. Throughout the state for the purposes of determining equivalent thermal performance, the maximum glazing area shall be fifteen percent of the floor area; and

(viii) Exterior doors insulated to a level of R‑5; or an exterior wood door with a thermal resistance value of less than R‑5 and values for other components determined in accordance with the equivalent thermal performance criteria of (a) of this subsection.

(b) New residential buildings which are space-heated with all other forms of space heating to achieve energy use equivalent to that used in typical buildings constructed with:

(i) Ceilings insulated to a level of R‑30 in zone 1 and R‑38 in zone 2 the code shall contain an exception which permits single rafter or joist vaulted ceilings insulated to a level of R‑30 (R value includes insulation only);

(ii) Walls insulated to a level of R‑19 (R value includes insulation only), or constructed with two by four members, R‑13 insulation batts, R‑3.2 insulated sheathing, and other normal assembly components;

(iv) Floors over unheated spaces insulated to a level of R‑19 in zone 1 and R‑30 in zone 2 (R value includes insulation only);

(v) Slab on grade floors insulated to a level of R‑10 at the perimeter;

(vi) Heat pumps with a minimum heating season performance factor (HSPF) of 6.8 or with all other energy sources with a minimum annual fuel utilization efficiency (AFUE) of seventy-eight percent;

(vii) Double glazed windows with values not more than U‑0.65 in zone 1 and U‑0.60 in zone 2. The state building code council((~~, in consultation with the state energy office,~~)) shall review these U-values, and, if economically justified for consumers, shall amend the Washington state energy code to improve the U-values by December 1, 1993. The amendment shall not take effect until July 1, 1994; and

(viii) In zone 1, the maximum glazing area shall be twenty-one percent of the floor area. In zone 2 the maximum glazing area shall be seventeen percent of the floor area. Throughout the state for the purposes of determining equivalent thermal performance, the maximum glazing area shall be fifteen percent of the floor area.

(c) The requirements of (b)(ii) of this subsection do not apply to residences with log or solid timber walls with a minimum average thickness of three and one-half inches and with space heat other than electric resistance.

(d) The state building code council may approve an energy code for pilot projects of residential construction that use innovative energy efficiency technologies intended to result in savings that are greater than those realized in the levels specified in this section.

(5) U-values for glazing shall be determined using the area weighted average of all glazing in the building. U-values for vertical glazing shall be determined, certified, and labeled in accordance with the appropriate national fenestration rating council (NFRC) standard, as determined and adopted by the state building code council. Certification of U-values shall be conducted by a certified, independent agency licensed by the NFRC. The state building code council may develop and adopt alternative methods of determining, certifying, and labeling U-values for vertical glazing that may be used by fenestration manufacturers if determined to be appropriate by the council. The state building code council shall review and consider the adoption of the NFRC standards for determining, certifying, and labeling U-values for doors and skylights when developed and published by the NFRC. The state building code council may develop and adopt appropriate alternative methods for determining, certifying, and labeling U-values for doors and skylights. U-values for doors and skylights determined, certified, and labeled in accordance with the appropriate NFRC standard shall be acceptable for compliance with the state energy code. Sealed insulation glass, where used, shall conform to, or be in the process of being tested for, ASTM E‑774‑81 class A or better.

(6) The minimum state energy code for new nonresidential buildings shall be the Washington state energy code, 1986 edition, as amended.

(7)(a) Except as provided in (b) of this subsection, the Washington state energy code for residential structures shall preempt the residential energy code of each city, town, and county in the state of Washington.

(b) The state energy code for residential structures does not preempt a city, town, or county's energy code for residential structures which exceeds the requirements of the state energy code and which was adopted by the city, town, or county prior to March 1, 1990. Such cities, towns, or counties may not subsequently amend their energy code for residential structures to exceed the requirements adopted prior to March 1, 1990.

(8) ((The state building code council shall consult with the state energy office as provided in RCW 34.05.310 prior to publication of proposed rules. The state energy office shall review the proposed rules for consistency with the guidelines adopted in subsection (4) of this section. The director of the state energy office shall recommend to the state building code council any changes necessary to conform the proposed rules to the requirements of this section.

~~(9)~~)) The state building code council shall conduct a study of county and city enforcement of energy codes in the state. In conducting the study, the council shall conduct public hearings at designated council meetings to seek input from interested individuals and organizations, and to the extent possible, hold these meetings in conjunction with adopting rules under this section. The study shall include recommendations as to how code enforcement may be improved. The findings of the study shall be submitted in a report to the legislature no later than January 1, 1991.

((~~(10)~~)) (9) If any electric utility providing electric service to 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 such utility is unable to obtain from that agency at least fifty percent of the funds for payments required by RCW 19.27A.035, the amendments to this section by chapter 2, Laws of 1990 shall be null and void, and the 1986 state energy code shall be in effect, except that a city, town, or county may enforce a local energy code with more stringent energy requirements adopted prior to March 1, 1990. This subsection shall expire June 30, 1995.

Sec. 403. RCW 19.27A.055 and 1990 c 2 s 6 are each amended to read as follows:

There is hereby created in the state treasury the energy code training account. The ((~~Washington state energy office~~)) department of community, trade, and economic development shall administer expenditures from this account for the purpose of providing training for the inspection and training for the enforcement by local governments of the Washington state energy code in effect pursuant to RCW 19.27A.020. The revenues into this account shall derive from assessments by the ((~~state energy office~~)) department of community, trade, and economic development on all investor-owned and publicly owned gas and electric utilities in the state of Washington in proportion to the number of housing starts served by a utility in 1989, based on an amount of one hundred fifty dollars per energy code inspection or enforcement official that is within the service area of the utility. Assessments may be made between January 1, 1991, and July 1, 1991. Federal funds available to qualifying utilities for code inspection retraining shall be used before obtaining funds from utilities under this section. Additional funds may be deposited in the account from federal agencies or other sources. All or a portion of the funds for the cost of local government inspection and enforcement may be accepted from federal agencies or other sources.

Sec. 404. RCW 28A.515.320 and 1991 sp.s. c 13 s 58 are each amended to read as follows:

The common school construction fund is to be used exclusively for the purpose of financing the construction of facilities for the common schools. The sources of said fund shall be: (1) Those proceeds derived from sale or appropriation of timber and other crops from school and state land other than those granted for specific purposes; (2) the interest accruing on the permanent common school fund less the allocations to the state treasurer's service ((~~account [fund]~~)) fund pursuant to RCW 43.08.190 and the state investment board expense account pursuant to RCW 43.33A.160 together with all rentals and other revenue derived therefrom and from land and other property devoted to the permanent common school fund; (3) all moneys received by the state from the United States under the provisions of section 191, Title 30, United States Code, Annotated, and under section 810, chapter 12, Title 16, (Conservation), United States Code, Annotated, except moneys received before June 30, 2001, and when thirty megawatts of geothermal power is certified as commercially available by the receiving utilities ((~~and the state energy office~~)), eighty percent of such moneys, under the Geothermal Steam Act of 1970 pursuant to RCW 43.140.030; and (4) such other sources as the legislature may direct. That portion of the common school construction fund derived from interest on the permanent common school fund may be used to retire such bonds as may be authorized by law for the purpose of financing the construction of facilities for the common schools.

The interest accruing on the permanent common school fund less the allocations to the state treasurer's service ((~~account [fund]~~)) fund pursuant to RCW 43.08.190 and the state investment board expense account pursuant to RCW 43.33A.160 together with all rentals and other revenues accruing thereto pursuant to subsection (2) of this section prior to July 1, 1967, shall be exclusively applied to the current use of the common schools.

To the extent that the moneys in the common school construction fund are in excess of the amount necessary to allow fulfillment of the purpose of said fund, the excess shall be available for deposit to the credit of the permanent common school fund or available for the current use of the common schools, as the legislature may direct. Any money from the common school construction fund which is made available for the current use of the common schools shall be restored to the fund by appropriation, including interest income foregone, before the end of the next fiscal biennium following such use.

Sec. 405. RCW 39.35.030 and 1994 c 242 s 1 are each amended to read as follows:

For the purposes of this chapter the following words and phrases shall have the following meanings unless the context clearly requires otherwise:

(1) "Public agency" means every state office, officer, board, commission, committee, bureau, department, and all political subdivisions of the state.

(2) ((~~"Office" means the Washington state energy office.~~

~~(3)~~)) "Major facility" means any publicly owned or leased building having twenty-five thousand square feet or more of usable floor space.

((~~(4)~~)) (3) "Initial cost" means the moneys required for the capital construction or renovation of a major facility.

((~~(5)~~)) (4) "Renovation" means additions, alterations, or repairs within any twelve-month period which exceed fifty percent of the value of a major facility and which will affect any energy system.

((~~(6)~~)) (5) "Economic life" means the projected or anticipated useful life of a major facility as expressed by a term of years.

((~~(7)~~)) (6) "Life-cycle cost" means the initial cost and cost of operation of a major facility over its economic life. This shall be calculated as the initial cost plus the operation, maintenance, and energy costs over its economic life, reflecting anticipated increases in these costs discounted to present value at the current rate for borrowing public funds, as determined by the office of financial management. The energy cost projections used shall be those provided by ((~~the state energy office. The office shall update these projections at least every two years~~)) a professional energy consultant on an as-needed basis.

((~~(8)~~)) (7) "Life-cycle cost analysis" includes, but is not limited to, the following elements:

(a) The coordination and positioning of a major facility on its physical site;

(b) The amount and type of fenestration employed in a major facility;

(d) The variable occupancy and operating conditions of a major facility; and

(e) An energy-consumption analysis of a major facility.

((~~(9)~~)) (8) "Energy systems" means all utilities, including, but not limited to, heating, air-conditioning, ventilating, lighting, and the supplying of domestic hot water.

((~~(10)~~)) (9) "Energy-consumption analysis" means the evaluation of all energy systems and components by demand and type of energy including the internal energy load imposed on a major facility by its occupants, equipment, and components, and the external energy load imposed on a major facility by the climatic conditions of its location. An energy-consumption analysis of the operation of energy systems of a major facility shall include, but not be limited to, the following elements:

(a) The comparison of three or more system alternatives, at least one of which shall include renewable energy systems;

(b) The simulation of each system over the entire range of operation of such facility for a year's operating period; and

(c) The evaluation of the energy consumption of component equipment in each system considering the operation of such components at other than full or rated outputs.

The energy-consumption analysis shall be prepared by a professional engineer or licensed architect who may use computers or such other methods as are capable of producing predictable results.

((~~(11)~~)) (10) "Renewable energy systems" means methods of facility design and construction and types of equipment for the utilization of renewable energy sources including, but not limited to, hydroelectric power, active or passive solar space heating or cooling, domestic solar water heating, windmills, waste heat, biomass and/or refuse-derived fuels, photovoltaic devices, and geothermal energy.

(((12) "Cogeneration" means the sequential generation of two or more forms of energy from a common fuel or energy source. Where these forms are electricity and thermal energy, then the operating and efficiency standards established by 18 C.F.R. Sec. 292.205 and the definitions established by 18 C.F.R. 292.202 (c) through (m) as of July 28, 1991, shall apply.))

(13) "Selected buildings" means educational, office, residential care, and correctional facilities that are designed to comply with the design standards analyzed and recommended by the office.

(14) "Design standards" means the heating, air-conditioning, ventilating, and renewable resource systems identified, analyzed, and recommended by the office as providing an efficient energy system or systems based on the economic life of the selected buildings.

Sec. 406. RCW 39.35C.050 and 1991 c 201 s 6 are each amended to read as follows:

In addition to any other authorities conferred by law:

(1) ((~~The energy office, with the consent of the state agency or school district responsible for a facility,~~)) A state or regional university acting independently((,)) and any other state agency acting through the department of general administration or as otherwise authorized by law, may:

(a) Develop and finance conservation at public facilities in accordance with express provisions of this chapter;

(b) Contract for energy services, including performance-based contracts; and

(c) Contract to sell energy savings from a conservation project at public facilities to local utilities or the Bonneville power administration.

(2) A state or regional university acting independently, and any other state agency acting through the department of general administration or as otherwise authorized by law, may undertake procurements for third-party development of conservation at its facilities.

(3) A school district may:

(a) Develop and finance conservation at school district facilities;

(b) Contract for energy services, including performance-based contracts at school district facilities; and

(c) Contract to sell energy savings from energy conservation projects at school district facilities to local utilities or the Bonneville power administration directly or to local utilities or the Bonneville power administration through third parties.

((~~(4) In exercising the authority granted by subsections (1), (2), and (3) of this section, a school district or state agency must comply with the provisions of RCW 39.35C.040.~~))

Sec. 407. RCW 39.35C.090 and 1991 c 201 s 10 are each amended to read as follows:

In addition to any other authorities conferred by law:

(1) ((~~The energy office, with the consent of the state agency responsible for a facility,~~)) A state or regional university acting independently, and any other state agency acting through the department of general administration or as otherwise authorized by law, may:

(a) Contract to sell electric energy generated at state facilities to a utility; and

(b) Contract to sell thermal energy produced at state facilities to a utility.

(2) A state or regional university acting independently((~~, and any other state agency acting through the department of general administration or as otherwise authorized by law,~~)) may:

(a) Acquire, install, permit, construct, own, operate, and maintain cogeneration and facility heating and cooling measures or equipment, or both, at its facilities;

(b) Lease state property for the installation and operation of cogeneration and facility heating and cooling equipment at its facilities;

(d) Contract to purchase or otherwise acquire fuel or other energy sources needed to operate cogeneration plants at its facilities; and

(e) Undertake procurements for third-party development of cogeneration projects at its facilities, with successful bidders to be selected based on the responsible bid, including nonprice elements listed in RCW 43.19.1911, that offers the greatest net achievable benefits to the state and its agencies.

((~~(3) After July 28, 1991, a state agency shall consult with the energy office prior to exercising any authority granted by this section.~~

~~(4) In exercising the authority granted by subsections (1) and (2) of this section, a state agency must comply with the provisions of RCW 39.35C.080.~~))

Sec. 408. RCW 39.35C.100 and 1991 c 201 s 11 are each amended to read as follows:

(1) The energy efficiency construction account is hereby created in the state treasury. Moneys in the account may be spent only after appropriation and only for the following purposes:

(a) Construction of energy efficiency projects, including project evaluation and verification of benefits, project design, project development, project construction, and project administration.

(b) Payment of principal and interest and other costs required under bond covenant on bonds issued for the purpose of (a) of this subsection.

(2) Sources for this account may include:

(a) General obligation and revenue bond proceeds appropriated by the legislature;

(b) Loan repayments under RCW 39.35C.060 sufficient to pay principal and interest obligations; and

(3) The ((~~energy office~~)) department shall establish criteria for approving energy efficiency projects to be financed from moneys disbursed from this account. The criteria shall include cost‑effectiveness, reliability of energy systems, and environmental costs or benefits. The ((~~energy office~~)) department shall ensure that the criteria are applied with professional standards for engineering and review.

Sec. 409. RCW 39.35C.110 and 1991 c 201 s 12 are each amended to read as follows:

(1) The energy efficiency services account is created in the state treasury. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only (a) for the ((~~energy office~~)) department to provide energy efficiency services to state agencies and school districts including review of life-cycle cost analyses and (b) for transfer by the legislature to the state general fund.

(2) All receipts from the following sources shall be deposited into the account:

(a) Project fees charged under this section and RCW 39.35C.020, 39.35C.070, and 39.35.060;

(b) After payment of any principal and interest obligations, moneys from repayments of loans under RCW 39.35C.060;

(c) Revenue from sales of energy generated or saved at public facilities under this chapter, except those retained by state agencies and school districts under RCW 39.35C.120; and

(d) Payments by utilities and federal power marketing agencies under this chapter, except those retained by state agencies and school districts under RCW 39.35C.120.

(3) The ((~~energy office~~)) department may accept moneys and make deposits to the account from federal, state, or local government agencies.

(4) Within one hundred eighty days after July 28, 1991, the ((~~energy office~~)) department shall adopt rules establishing criteria and procedures for setting a fee schedule, establishing working capital requirements, and receiving deposits for this account.

Sec. 410. RCW 42.17.2401 and 1993 sp.s. c 2 s 18, 1993 c 492 s 488, and 1993 c 281 s 43 are each reenacted and amended to read as follows:

For the purposes of RCW 42.17.240, the term "executive state officer" includes:

(1) The chief administrative law judge, the director of agriculture, the administrator of the office of marine safety, the administrator of the Washington basic health plan, the director of the department of services for the blind, the director of the state system of community and technical colleges, the director of community, trade, and economic development, the secretary of corrections, the director of ecology, the commissioner of employment security, the chairman of the energy facility site evaluation council, ((~~the director of the energy office,~~)) the secretary of the state finance committee, the director of financial management, the director of fish and wildlife, the executive secretary of the forest practices appeals board, the director of the gambling commission, the director of general administration, the secretary of health, the administrator of the Washington state health care authority, the executive secretary of the health care facilities authority, the executive secretary of the higher education facilities authority, the executive secretary of the horse racing commission, the executive secretary of the human rights commission, the executive secretary of the indeterminate sentence review board, the director of the department of information services, the director of the interagency committee for outdoor recreation, the executive director of the state investment board, the director of labor and industries, the director of licensing, the director of the lottery commission, the director of the office of minority and women's business enterprises, the director of parks and recreation, the director of personnel, the executive director of the public disclosure commission, the director of retirement systems, the director of revenue, the secretary of social and health services, the chief of the Washington state patrol, the executive secretary of the board of tax appeals, ((~~the director of trade and economic development,~~)) the secretary of transportation, the secretary of the utilities and transportation commission, the director of veterans affairs, the president of each of the regional and state universities and the president of The Evergreen State College, each district and each campus president of each state community college;

(2) Each professional staff member of the office of the governor;

(3) Each professional staff member of the legislature; and

(4) Central Washington University board of trustees, board of trustees of each community college, each member of the state board for community and technical colleges, state convention and trade center board of directors, committee for deferred compensation, Eastern Washington University board of trustees, Washington economic development finance authority, The Evergreen State College board of trustees, forest practices appeals board, forest practices board, gambling commission, Washington health care facilities authority, each member of the Washington health services commission, higher education coordinating board, higher education facilities authority, horse racing commission, state housing finance commission, human rights commission, indeterminate sentence review board, board of industrial insurance appeals, information services board, interagency committee for outdoor recreation, state investment board, liquor control board, lottery commission, marine oversight board, ((~~oil and gas conservation committee,~~)) Pacific Northwest electric power and conservation planning council, parks and recreation commission, personnel appeals board, board of pilotage commissioners, pollution control hearings board, public disclosure commission, public pension commission, shorelines hearing board, public employees' benefits board, board of tax appeals, transportation commission, University of Washington board of regents, utilities and transportation commission, Washington state maritime commission, Washington personnel resources board, Washington public power supply system executive board, Washington State University board of regents, Western Washington University board of trustees, and fish and wildlife commission.

Sec. 411. RCW 43.06.115 and 1993 c 421 s 2 are each amended to read as follows:

(1) The governor may, by executive order, after consultation with or notification of the executive-legislative committee on economic development created by chapter . . . (Senate Bill No. 5300), Laws of 1993, declare a community to be a "military impacted area." A "military impacted area" means a community or communities, as identified in the executive order, that experience serious social and economic hardships because of a change in defense spending by the federal government in that community or communities.

(2) If the governor executes an order under subsection (1) of this section, the governor shall establish a response team to coordinate state efforts to assist the military impacted community. The response team may include, but not be limited to, one member from each of the following agencies: (a) The department of community, trade, and economic development; (b) ((~~the department of trade and economic development; (c)~~)) the department of social and health services; ((~~(d)~~)) (c) the employment security department; ((~~(e)~~)) (d) the state board for community and technical colleges; ((~~(f)~~)) (e) the higher education coordinating board; ((~~(g)~~)) and (f) the department of transportation((~~; and (h) the Washington energy office~~)). The governor may appoint a response team coordinator. The governor shall seek to actively involve the impacted community or communities in planning and implementing a response to the crisis. The governor may seek input or assistance from the community diversification advisory committee, and the governor may establish task forces in the community or communities to assist in the coordination and delivery of services to the local community. The state and community response shall consider economic development, human service, and training needs of the community or communities impacted.

(3) The governor shall report at the beginning of the next legislative session to the legislature and the executive-legislative committee on economic development created by chapter . . . (Senate Bill No. 5300), Laws of 1993, as to the designation of a military impacted area. The report shall include recommendations regarding whether a military impacted area should become eligible for (a) funding provided by the community economic revitalization board, public facilities construction loan revolving account, Washington state development loan fund, basic health plan, the public works assistance account, department of community, trade, and economic development, employment security department, and department of transportation; (b) training for dislocated defense workers; or (c) services for dislocated defense workers.

Sec. 412. RCW 43.19.675 and 1982 c 48 s 2 are each amended to read as follows:

The director of general administration((~~, in cooperation with the director of the state energy office,~~)) shall conduct, by contract or other arrangement, an energy audit for each state-owned facility. All energy audits shall be coordinated with and complement other governmental energy audit programs. The energy audit for each state-owned facility located on the capitol campus shall be completed no later than July 1, 1981, and the results and findings of each energy audit shall be compiled and transmitted to the governor and the legislature no later than October 1, 1981. For every other state-owned facility, the energy consumption surveys shall be completed no later than October 1, 1982, and the walk-through surveys shall be completed no later than July 1, 1983.

Sec. 413. RCW 43.19.680 and 1986 c 325 s 2 are each amended to read as follows:

(1) Upon completion of each walk-through survey required by RCW 43.19.675, the director of general administration or the agency responsible for the facility if other than the department of general administration shall implement energy conservation maintenance and operation procedures that may be identified for any state-owned facility. These procedures shall be implemented as soon as possible but not later than twelve months after the walk-through survey.

(2) By December 31, 1981, for the capitol campus the director of general administration((~~, in cooperation with the director of the state energy office,~~)) shall prepare and transmit to the governor and the legislature an implementation plan.

(3) By December 31, 1983, for all other state-owned facilities, the director of general administration ((~~in cooperation with the director of the state energy office~~)) shall prepare and transmit to the governor and the legislature the results of the energy consumption and walk-through surveys and a schedule for the conduct of technical assistance studies. This submission shall contain the energy conservation measures planned for installation during the ensuing biennium. Priority considerations for scheduling technical assistance studies shall include but not be limited to a facility's energy efficiency, responsible agency participation, comparative cost and type of fuels, possibility of outside funding, logistical considerations such as possible need to vacate the facility for installation of energy conservation measures, coordination with other planned facility modifications, and the total cost of a facility modification, including other work which would have to be done as a result of installing energy conservation measures. Energy conservation measure acquisitions and installations shall be scheduled to be twenty-five percent complete by June 30, 1985, or at the end of the capital budget biennium which includes that date, whichever is later, fifty-five percent complete by June 30, 1989, or at the end of the capital budget biennium which includes that date, whichever is later, eighty-five percent complete by June 30, 1993, or at the end of the capital budget biennium which includes that date, whichever is later, and fully complete by June 30, 1995, or at the end of the capital budget biennium which includes that date, whichever is later. Each state agency shall implement energy conservation measures with a payback period of twenty-four months or less that have a positive cash flow in the same biennium.

For each biennium until all measures are installed, the director of general administration shall report to the governor and legislature installation progress, measures planned for installation during the ensuing biennium, and changes, if any, to the technical assistance study schedule. This report shall be submitted by December 31, 1984, or at the end of the following year whichever immediately precedes the capital budget adoption, and every two years thereafter until all measures are installed.

(4) The director of general administration shall adopt rules to facilitate private investment in energy conservation measures for state-owned buildings consistent with state law.

Sec. 414. RCW 43.31.621 and 1994 c 264 s 18 are each amended to read as follows:

(1) There is established the agency timber task force. The task force shall be chaired by the timber recovery coordinator. It shall be the responsibility of the coordinator that all directives of chapter 314, Laws of 1991 are carried out expeditiously by the agencies represented in the task force. The task force shall consist of the directors, or representatives of the directors, of the following agencies: The department of community, trade, and economic development, employment security department, department of social and health services, state board for community and technical colleges, state work force training and education coordinating board, or its replacement entity, department of natural resources, department of transportation, ((~~state energy office,~~)) department of fish and wildlife, University of Washington center for international trade in forest products, and department of ecology. The task force may consult and enlist the assistance of the following: The higher education coordinating board, University of Washington college of forest resources, Washington State University school of forestry, Northwest policy center, state superintendent of public instruction, the Evergreen partnership, Washington association of counties, and rural development council.

(2) This section shall expire June 30, 1995.

Sec. 415. RCW 43.41.175 and 1986 c 325 s 4 are each amended to read as follows:

The ((~~state energy office~~)) department of general administration shall provide the office of financial management with energy consumption data necessary to implement RCW 43.41.170. Facilities or the agencies responsible for them shall report accurate monthly energy consumption and cost figures for all fuels to the ((~~state energy office~~)) department of general administration quarterly, including any changes in total space served or facility operations.

Sec. 416. RCW 43.99I.050 and 1991 sp.s. c 31 s 5 are each amended to read as follows:

In addition to any other charges authorized by law and to assist in the reimbursement of principal and interest payments on bonds issued for the purposes of RCW 43.99I.020 (3) and (4), the director of the ((~~energy office~~)) department of community, trade, and economic development shall cause to be accumulated in the energy efficiency construction account, from project revenues, loan repayments, and other moneys legally available for such purposes, amounts adequate to make payments of principal of and interest coming due on general obligation bonds issued for the purposes of RCW 43.99I.020 (3) and (4). As needed during each fiscal year, the director shall cause amounts so accumulated to be deposited into the general fund of the state treasury. If the director is unable to accumulate and transfer the full amount necessary for such payments of principal of and interest coming due on the bonds, any shortfall shall be credited to an account receivable from the ((~~energy office~~)) department of community, trade, and economic development to the state treasury.

Sec. 417. RCW 47.06.110 and 1993 c 446 s 11 are each amended to read as follows:

The state-interest component of the state-wide multimodal transportation plan shall include a state public transportation plan that:

(1) Articulates the state vision of an interest in public transportation and provides quantifiable objectives, including benefits indicators;

(2) Identifies the goals for public transit and the roles of federal, state, regional, and local entities in achieving those goals;

(3) Recommends mechanisms for coordinating state, regional, and local planning for public transportation;

(4) Recommends mechanisms for coordinating public transportation with other transportation services and modes;

(5) Recommends criteria, consistent with the goals identified in subsection (2) of this section and with RCW 82.44.180 (2) and (3), for existing federal authorizations administered by the department to transit agencies; and

(6) Recommends a state-wide public transportation facilities and equipment management system as required by federal law.

In developing the state public transportation plan, the department shall involve local jurisdictions, public and private providers of transportation services, nonmotorized interests, and state agencies with an interest in public transportation, including but not limited to the departments of community, trade, and economic development, social and health services, and ecology, ((~~the state energy office,~~)) the office of the superintendent of public instruction, the office of the governor, and the office of financial management.

The department shall submit an initial report to the legislative transportation committee by December 1, 1993, and shall provide annual reports summarizing the plan's progress each year thereafter.

Sec. 418. RCW 82.35.020 and 1979 ex.s. c 191 s 2 are each amended to read as follows:

As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.

(1) "Cogeneration" means the sequential generation of electrical or mechanical power and useful heat from the same primary energy source or fuel.

(2) "Cogeneration facility" means any machinery, equipment, structure, process, or property, or any part thereof, installed or acquired for the primary purpose of cogeneration by a person or corporation other than an electric utility.

(3) "Certificate" means a cogeneration tax credit certificate granted by the department.

(4) "Cost" means only the cost of a cogeneration facility which is in addition to the cost that the applicant otherwise would incur to meet the applicant's demands for useful heat. "Cost" does not include expenditures which are offset by cost savings, including but not limited to savings resulting from early retirement of existing equipment.

(5) "Department" means the department of revenue.

(6) "Electric utility" means any person, corporation, or governmental subdivision authorized and operating under the Constitution and laws of the state of Washington which is primarily engaged in the generation or sale of electric energy.

((~~(7) "Office" means the state energy office.~~))

Sec. 419. RCW 82.35.080 and 1979 ex.s. c 191 s 8 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, the department shall revoke any certificate issued under this chapter if it finds that any of the following have occurred with respect to the certificate:

(a) The certificate was obtained by fraud or deliberate misrepresentation;

(b) The certificate was obtained through the use of inaccurate data but without any intention to commit fraud or misrepresentation;

(c) The facility was constructed or operated in violation of any provision of this chapter or provision imposed by the department as a condition of certification; or

(d) The cogeneration facility is no longer capable of being operated for the primary purpose of cogeneration.

(2) If the department finds that there are few inaccuracies under subsection (1)(b) of this section and that cumulatively they are insignificant in terms of the cost or operation of the facility or that the inaccurate data is not attributable to carelessness or negligence and its inclusion was reasonable under the circumstances, then the department may provide for the continuance of the certificate and whatever modification it considers in the public interest.

(3) Any person, firm, corporation, or organization that obtains a certificate revoked under this section shall be liable for the total amount of money saved by claiming the credits and exemptions provided under this chapter and RCW 84.36.485. The total amount of the credits shall be collected as delinquent business and occupation taxes, and the total of the exemptions shall be collected and distributed as delinquent property taxes. Interest shall accrue on the amounts of the credits and exemptions from the date the taxes were otherwise due.

((~~(4) The office shall provide technical assistance to the department in carrying out its responsibilities under this section.~~))

Sec. 420. RCW 90.03.247 and 1994 c 264 s 82 are each amended to read as follows:

Whenever an application for a permit to make beneficial use of public waters is approved relating to a stream or other water body for which minimum flows or levels have been adopted and are in effect at the time of approval, the permit shall be conditioned to protect the levels or flows. No agency may establish minimum flows and levels or similar water flow or level restrictions for any stream or lake of the state other than the department of ecology whose authority to establish is exclusive, as provided in chapter 90.03 RCW and RCW 90.22.010 and 90.54.040. The provisions of other statutes, including but not limited to RCW 75.20.100 and chapter 43.21C RCW, may not be interpreted in a manner that is inconsistent with this section. In establishing such minimum flows, levels, or similar restrictions, the department shall, during all stages of development by the department of ecology of minimum flow proposals, consult with, and carefully consider the recommendations of, the department of fish and wildlife, ((~~the state energy office,~~)) the department of agriculture, and representatives of the affected Indian tribes. Nothing herein shall preclude the department of fish and wildlife((~~, the energy office,~~)) or the department of agriculture from presenting its views on minimum flow needs at any public hearing or to any person or agency, and the department of fish and wildlife((~~, the energy office,~~)) and the department of agriculture are each empowered to participate in proceedings of the federal energy regulatory commission and other agencies to present its views on minimum flow needs.

NEW SECTION. Sec. 421. A new section is added to chapter 43.330 RCW to read as follows:

The department shall provide assistance, space, and other support as may be necessary for the activities of the state's two representatives to the Pacific Northwest electric power and conservation planning council. To the extent consistent with federal law, the department shall request that Washington's councilmembers request the administrator of the Bonneville power administration to reimburse the state for the expenses associated with the support as provided in the Pacific Northwest electric power planning and conservation act ( P.L. 96-501).

NEW SECTION. Sec. 422. The following acts or parts of acts are each repealed:

(1) RCW 39.35.050 and 1994 c 242 s 3 & 1991 c 201 s 15;

(2) RCW 39.35.060 and 1991 c 201 s 16;

(3) RCW 39.35.900 and 1975 1st ex.s. c 177 s 5; and

(4) RCW 41.06.081 and 1981 c 295 s 10.

PART V

ELIMINATION OF COGENERATION PROJECTS

NEW SECTION. Sec. 501. The following acts or parts of acts are each repealed:

(1) RCW 39.35C.010 and 1991 c 201 s 2;

(2) RCW 39.35C.020 and 1991 c 201 s 3;

(3) RCW 39.35C.030 and 1991 c 201 s 4;

(4) RCW 39.35C.040 and 1991 c 201 s 5;

(5) RCW 39.35C.060 and 1991 c 201 s 7;

(6) RCW 39.35C.070 and 1991 c 201 s 8;

(7) RCW 39.35C.080 and 1991 c 201 s 9;

(8) RCW 39.35C.120 and 1991 c 201 s 13;

(9) RCW 39.35C.130 and 1991 c 201 s 17;

(10) RCW 39.35C.900 and 1991 c 201 s 22; and

(11) RCW 39.35C.901 and 1991 c 201 s 24.

PART VI

MISCELLANEOUS

NEW SECTION. Sec. 601. RCW 39.35C.100 and 39.35C.110 as amended by this act and RCW 43.21F.015 are each recodified as new sections in chapter 43.330 RCW.

NEW SECTION. Sec. 602. Part headings used in this act do not constitute any part of the law.

NEW SECTION. Sec. 603. Section 3 of this act shall expire December 31, 1996.

NEW SECTION. Sec. 604. 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 July 1, 1995.

NEW SECTION. Sec. 605. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.