AN ACT Relating to state government as a leader in clean energy consumption; amending RCW 43.21F.045; adding new sections to chapter 43.21F RCW; adding a new section to chapter 43.19 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. (1) The legislature finds that:

(a) As a significant consumer of energy resources and a committed steward of public health and environmental quality, Washington state government is well-positioned to be a leader in promoting and using clean energy;

(b) State government actions to promote and use clean energy are consistent with the state's environmental commitments, including addressing the potential impact to Washington's quality of life due to global climate changes and improving local and regional air quality;

(c) State government actions to promote and use clean energy are also consistent with the state's high priority policy objectives to maintain competitive energy costs and a reliable and secure supply of energy resources; and

(d) State government actions to promote and use clean energy are also consistent with the state's goals to support economic development opportunities by reducing traffic congestion and stimulating new and emerging energy technologies within the clean energy industry of the state's high-technology sector.

(2) The legislature intends state government to adopt a strategy to meet its energy needs by relying on clean energy to the greatest extent practicable.

NEW SECTION. Sec. 2. A new section is added to chapter 43.21F RCW to read as follows:

The definitions in this section apply throughout RCW 43.21F.015, 43.21F.045, and section 4 of this act unless the context clearly requires otherwise.

(1) "Energy conservation measures" has the same meaning as defined in RCW 43.19.670(3) (a) through (j) and (l).

(2) "Clean energy resources" or "qualified alternative energy resources" 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) fuel cells; (g) gas produced during the treatment of wastewater; (h) qualified hydropower; or (i) 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.

(3) "State" and "state government" means the executive branch agencies of the state of Washington that are managed by governor-appointed executives and state institutions of higher education.

Sec. 3. RCW 43.21F.045 and 1996 c 186 s 103 are each amended to read as follows:

(1) The department shall supervise and administer energy-related activities as specified in RCW 43.330.904 and shall advise the governor and the legislature with respect to energy matters affecting the state.

(2) In addition to other powers and duties granted to the department, the department shall have the following powers and duties:

(a) 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.

(b) Establish and maintain a central repository in state government for collection of existing data on energy resources, including:

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

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

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

(c) Coordinate federal energy programs appropriate for state-level implementation, carry out such energy programs as are assigned to it by the governor or the legislature, and monitor federally funded local energy programs as required by federal or state regulations.

(d) Develop energy policy recommendations for consideration by the governor and the legislature, including but not limited to strategies and options to encourage state agencies to rely on clean energy resources to the greatest extent practicable.

(e) 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 director shall request that Washington's council members 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).

(f) Cooperate with state agencies, other governmental units, and private interests in the prioritization and implementation of the state energy strategy elements and on other energy matters.

(g) Serve as the official state agency responsible for coordinating implementation of the state energy strategy.

(h) No later than December 1, 1982, and by December 1st of each even-numbered year thereafter, prepare and transmit to the governor and the appropriate committees of the legislature a report on the implementation of the state energy strategy and other important energy issues, as appropriate.

(i) Provide support for increasing cost-effective energy conservation, including assisting in the removal of impediments to timely implementation.

(j) Provide support for the development of cost-effective energy resources including assisting in the removal of impediments to timely construction.

(k) Adopt rules, under chapter 34.05 RCW, necessary to carry out the powers and duties enumerated in this chapter.

(l) Provide administrative assistance, space, and other support as may be necessary for the activities of the energy facility site evaluation council, as provided for in RCW 80.50.030.

(m) Appoint staff as may be needed to administer energy policy functions and manage energy facility site evaluation council activities. These employees are exempt from the provisions of chapter 41.06 RCW.

(3) To the extent the powers and duties set out under this section relate to energy education, applied research, and technology transfer programs they are transferred to Washington State University.

(4) To the extent the powers and duties set out under this section relate to energy efficiency in public buildings they are transferred to the department of general administration.

NEW SECTION. Sec. 4. A new section is added to chapter 43.19 RCW to read as follows:

(1) The department of general administration shall encourage each agency of state government to use clean energy resources as defined in section 2 of this act. Each agency of state government shall determine the amount of clean energy resources that should be purchased and all such purchases shall be made within existing resources.

(2) Each agency is encouraged to obtain at least two percent per biennium of its energy consumption from clean energy resources or a reduction in consumption of at least two percent through energy conservation and energy efficiency measures, or a combination thereof. The goal is to reach a cumulative total of ten percent by June 30, 2011.

NEW SECTION. Sec. 5. A new section is added to chapter 43.21F RCW to read as follows:

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 must include the following information:

(1) An estimate of the current and potential future contributions to global climate change as a result of state government's current and projected energy consumption;

(2) Identification of specific strategies and options to reduce or offset the contributions to global climate change attributable to the state's energy consumption. Strategies and options may include:

(a) Reducing the state's consumption of electricity through aggressive pursuit of cost-effective energy conservation and efficiency opportunities;

(b) Increasing the proportion of electricity the state generates for its own use or purchases through an electric utility from clean energy resources; and

(c) Addressing transportation-related energy challenges such as improving the fuel efficiency of the state's vehicle fleet, using alternative fuels in the state's vehicle fleet, changing the ways state employees and contractors travel, and developing transportation substitutes for state employees and contractors; and

(3) A status report on the planning and progress related to implementing section 4 of this act. The status report shall also include an analysis of the projected costs and projected benefits to the state from pursuing the goals set in section 4 of this act.