57th Legislature

                      2002 Regular Session


Passed by the House March 12, 2002

  Yeas 97   Nays 0




Speaker of the House of Representatives







Passed by the Senate March 7, 2002

  Yeas 49   Nays 0



I, Cynthia Zehnder, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE HOUSE BILL 2522  as passed by the House of Representatives and the Senate on the dates hereon set forth.




                          Chief Clerk






President of the Senate




Approved Place Style On Codes above, and Style Off Codes below.               




Governor of the State of Washington

                   Secretary of State

                  State of Washington






                     AS AMENDED BY THE SENATE


             Passed Legislature - 2002 Regular Session


State of Washington      57th Legislature     2002 Regular Session


By House Committee on State Government (originally sponsored by Representatives Sullivan, Romero, Lovick, Murray, Upthegrove, Miloscia, Chase, Rockefeller, Lantz, Simpson, Kagi, McIntire, Wood, Santos, Linville and Edwards)


Read first time 02/07/2002.  Referred to Committee on .

Encouraging the purchase of clean technologies.  

    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.




    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.


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