AN ACT Relating to the
purchasing of clean technologies; amending RCW 43.19.1905, 43.19.570,
43.19.637, and 19.29A.090; adding a new section to chapter 39.35B RCW; and
creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 43.19.1905 and 1995
c 269 s 1402 are each amended to read as follows:
The director of general
administration shall establish overall state policy for compliance by all state
agencies, including educational institutions, regarding the following
purchasing and material control functions:
(1) Development of a
state commodity coding system, including common stock numbers for items
maintained in stores for reissue;
(2) Determination where
consolidations, closures, or additions of stores operated by state agencies and
educational institutions should be initiated;
(3) Institution of
standard criteria for determination of when and where an item in the state
supply system should be stocked;
(4) Establishment of
stock levels to be maintained in state stores, and formulation of standards for
replenishment of stock;
(5) Formulation of an
overall distribution and redistribution system for stock items which
establishes sources of supply support for all agencies, including interagency
supply support;
(6) Determination of
what function data processing equipment, including remote terminals, shall
perform in statewide purchasing and material control for improvement of service
and promotion of economy;
(7) Standardization of
records and forms used statewide for supply system activities involving
purchasing, receiving, inspecting, storing, requisitioning, and issuing
functions, including a standard notification form for state agencies to report
cost-effective direct purchases, which shall at least identify the price of the
goods as available through the division of purchasing, the price of the goods
as available from the alternative source, the total savings, and the signature
of the notifying agency's director or the director's designee;
(8) Screening of
supplies, material, and equipment excess to the requirements of one agency for
overall state need before sale as surplus;
(9) Establishment of
warehouse operation and storage standards to achieve uniform, effective, and
economical stores operations;
(10) Establishment of
time limit standards for the issuing of material in store and for processing
requisitions requiring purchase;
(11) Formulation of
criteria for determining when centralized rather than decentralized purchasing
shall be used to obtain maximum benefit of volume buying of identical or
similar items, including procurement from federal supply sources;
(12) Development of
criteria for use of leased, rather than state owned, warehouse space based on
relative cost and accessibility;
(13) Institution of
standard criteria for purchase and placement of state furnished materials,
carpeting, furniture, fixtures, and nonfixed equipment, in newly constructed or
renovated state buildings;
(14) Determination of
how transportation costs incurred by the state for materials, supplies,
services, and equipment can be reduced by improved freight and traffic
coordination and control;
(15) Establishment of a
formal certification program for state employees who are authorized to perform
purchasing functions as agents for the state under the provisions of chapter
43.19 RCW;
(16) Development of
performance measures for the reduction of total overall expense for material,
supplies, equipment, and services used each biennium by the state;
(17) Establishment of a
standard system for all state organizations to record and report dollar savings
and cost avoidance which are attributable to the establishment and
implementation of improved purchasing and material control procedures;
(18) Development of
procedures for mutual and voluntary cooperation between state agencies,
including educational institutions, and political subdivisions for exchange of
purchasing and material control services;
(19) Resolution of all
other purchasing and material matters which require the establishment of
overall statewide policy for effective and economical supply management;
(20) Development of
guidelines and criteria for the purchase of vehicles, high gas mileage
vehicles, alternate vehicle fuels and systems, equipment, and materials
that reduce overall energy-related costs and energy use by the state, including
investigations into all opportunities to aggregate the purchasing of clean
technologies by state and local governments, and including the requirement
that new passenger vehicles purchased by the state meet the minimum standards
for passenger automobile fuel economy established by the United States
secretary of transportation pursuant to the energy policy and conservation act
(15 U.S.C. Sec. 2002).
Sec. 2. RCW 43.19.570 and 1989 c
113 s 1 are each amended to read as follows:
(1) The department
shall direct and be responsible for the acquisition, operation, maintenance,
storage, repair, and replacement of state motor vehicles under its control.
The department shall utilize state facilities available for the maintenance,
repair, and storage of such motor vehicles, and may provide directly or by
contract for the maintenance, repair, and servicing of all motor vehicles, and
other property related thereto and under its control.
(2) The department may
arrange, by agreement with agencies, for the utilization by one of the storage,
repair, or maintenance facilities of another, with such provision for charges
and credits as may be agreed upon. The department may acquire and maintain
storage, repair, and maintenance facilities for the motor vehicles under its
control from such funds as may be appropriated by the legislature.
(3)(a) The legislature
finds that a clean environment is important and that global warming effects may
be offset by decreasing the emissions of harmful compounds from motor
vehicles. The legislature further finds that the state is in a position to set
an example of large scale use of alternative fuels in motor vehicles and
other clean technologies.
(b) The department
shall consider the use of state vehicles to conduct field tests on alternative
fuels in areas where air pollution constraints may be eased by these optional
fuels. These fuels should include but are not limited to gas-powered and
electric-powered vehicles.
(c) For planned
purchases of vehicles using alternative fuels, the department and other state
agencies shall explore opportunities to purchase these vehicles together with
the federal government, agencies of other states, other Washington state
agencies, local governments, or private organizations for less cost. All
state agencies must investigate and determine whether or not they can make
clean technologies more cost-effective by combining their purchasing power
before completing a planned vehicle purchase.
Sec. 3. RCW 43.19.637 and 1991 c
199 s 213 are each amended to read as follows:
(1) At least thirty
percent of all new vehicles purchased through a state contract shall be
clean-fuel vehicles.
(2) The percentage of
clean-fuel vehicles purchased through a state contract shall increase at the
rate of five percent each year.
(3) In meeting the
procurement requirement established in this section, preference shall be given
to vehicles designed to operate exclusively on clean fuels. In the event that
vehicles designed to operate exclusively on clean fuels are not available or
would not meet the operational requirements for which a vehicle is to be
procured, conventionally powered vehicles may be converted to clean fuel or
dual fuel use to meet the requirements of this section.
(4) Fuel purchased
through a state contract shall be a clean fuel when the fuel is purchased for
the operation of a clean-fuel vehicle.
(5)(a) Weight classes
are established by the following motor vehicle types:
(i) Passenger cars;
(ii) Light duty trucks,
trucks with a gross vehicle weight rating by the vehicle manufacturer of less
than eight thousand five hundred pounds;
(iii) Heavy duty
trucks, trucks with a gross vehicle weight rating by the vehicle manufacturer
of eight thousand five hundred pounds or more.
(b) This subsection
does not place an obligation upon the state or its political subdivisions to
purchase vehicles in any number or weight class other than to meet the percent
procurement requirement.
(6) The provisions
for purchasing clean-fuel vehicles under subsections (1) and (2) of this
section are intended as minimum levels. The department should seek to increase
the purchasing levels of clean-fuel vehicles above the minimum. The department
must also investigate all opportunities to aggregate their purchasing with
local governments to determine whether or not they can lower their costs and
make it cost-efficient to increase the percentage of clean-fuel or high gas
mileage vehicles in both the state and local fleets.
(7) For the purposes
of this section, "clean fuels" and "clean-fuel vehicles"
shall be those fuels and vehicles meeting the specifications provided for in
RCW 70.120.210.
NEW SECTION. Sec.
4. A new section is added
to chapter 39.35B RCW to read as follows:
(1) The department of
general administration, in cooperation with public agencies, shall investigate
opportunities to aggregate the purchase of clean technologies with other public
agencies to determine whether or not combined purchasing can reduce the unit
cost of clean technologies.
(2) State agencies that
are retail electric customers shall investigate opportunities to aggregate the
purchase of electricity produced from generation resources that are fueled by
wind or solar energy for their facilities located within a single utility's
service area, to determine whether or not combined purchasing can reduce the
unit cost of those resources.
(3) No public agency is
required under this section to purchase clean technologies at prohibitive
costs.
(4)(a) "Electric
utility" shall have the same meaning as provided under RCW 19.29A.010.
(b) "Clean
technology" includes, but may not be limited to, alternative fueled
hybrid-electric and fuel cell vehicles, and distributive power generation.
(c) "Distributive
power generation" means the generation of electricity from an integrated
or stand-alone power plant that generates electricity from wind energy, solar
energy, or fuel cells.
(d) "Retail
electric customer" shall have the same meaning as provided under RCW
19.29A.010.
(e)
"Facility" means any building owned or leased by a public agency.
NEW SECTION. Sec.
5. In preparing the biennial
energy report required under RCW 43.21F.045(2)(h) to be transmitted to the
governor and the legislature by December 1, 2002, the department of community,
trade, and economic development must include the following information:
(1) The percentage of
clean-fuel vehicles purchased in 2001 through a state contract pursuant to RCW
43.19.637; and
(2) The results of
efforts by the department of general administration and other state agencies to
aggregate purchasing of clean technologies.
Sec. 6. RCW 19.29A.090 and 2001
c 214 s 28 are each amended to read as follows:
(1) Beginning January
1, 2002, each electric utility must provide to its retail electricity customers
a voluntary option to purchase qualified alternative energy resources in
accordance with this section.
(2) Each electric
utility must include with its retail electric customer's regular billing
statements, at least quarterly, a voluntary option to purchase qualified
alternative energy resources. The option may allow customers to purchase
qualified alternative energy resources at fixed or variable rates and for fixed
or variable periods of time, including but not limited to monthly, quarterly,
or annual purchase agreements. A utility may provide qualified alternative
energy resource options through either: (a) Resources it owns or contracts
for; or (b) the purchase of credits issued by a clearinghouse or other system
by which the utility may secure, for trade or other consideration, verifiable evidence
that a second party has a qualified alternative energy resource and that the
second party agrees to transfer such evidence exclusively to the benefit of the
utility.
(3) For the purposes of
this section, a "qualified alternative energy resource" means the
electricity produced from generation facilities that are fueled by: (a) Wind;
(b) solar energy; (c) geothermal energy; (d) landfill gas; (e) wave or tidal
action; (f) gas produced during the treatment of wastewater; (g) qualified
hydropower; or (h) biomass energy based on solid organic fuels from wood,
forest, or field residues, or dedicated energy crops that do not include wood
pieces that have been treated with chemical preservatives such as creosote,
pentachlorophenol, or copper‑chrome‑arsenic.
(4) For the purposes of
this section, "qualified hydropower" means the energy produced
either: (a) As a result of modernizations or upgrades made after June 1, 1998,
to hydropower facilities operating on May 8, 2001, that have been demonstrated
to reduce the mortality of anadromous fish; or (b) by run of the river or run
of the canal hydropower facilities that are not responsible for obstructing the
passage of anadromous fish.
(5) The rates, terms,
conditions, and customer notification of each utility's option or options
offered in accordance with this section must be approved by the governing body
of the consumer-owned utility or by the commission for investor-owned
utilities. All costs and benefits associated with any option offered by an
electric utility under this section must be allocated to the customers who
voluntarily choose that option and may not be shifted to any customers who have
not chosen such option. Utilities may pursue known, lawful aggregated
purchasing of qualified alternative energy resources with other utilities to
the extent aggregated purchasing can reduce the unit cost of qualified
alternative energy resources, and are encouraged to investigate opportunities
to aggregate the purchase of alternative energy resources by their customers.
Aggregated purchases by investor-owned utilities must comply with any
applicable rules or policies adopted by the commission related to least-cost
planning or the acquisition of renewable resources.
(6) Each
consumer-owned utility must report annually to the department and each
investor-owned utility must report annually to the commission beginning October
1, 2002, until October 1, 2012, describing the option or options it is offering
its customers under the requirements of this section, the rate of customer
participation, the amount of qualified alternative energy resources purchased
by customers, ((and)) the amount of utility investments in qualified
alternative energy resources, and the results of pursuing aggregated
purchasing opportunities. The department and the commission together shall
report annually to the legislature, beginning December 1, 2002, until December
1, 2012, with the results of the utility reports.
