ESSB 5840 -
By Representative Dunshee
NOT ADOPTED 04/17/2009
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 19.285.030 and 2007 c 1 s 3 are each amended to read
as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Attorney general" means the Washington state office of the
attorney general.
(2) "Auditor" means: (a) The Washington state auditor's office or
its designee for qualifying utilities under its jurisdiction that are
not investor-owned utilities; or (b) an independent auditor selected by
a qualifying utility that is not under the jurisdiction of the state
auditor and is not an investor-owned utility.
(3) "Biomass energy" includes: (a) Byproducts of pulping and wood
manufacturing process; (b) animal waste; (c) solid organic fuels from
wood; (d) forest or field residues; (e) wooden demolition or
construction debris; (f) food waste; (g) liquors derived from algae and
other sources; (h) dedicated energy crops; (i) biosolids; and (j) yard
waste. "Biomass energy" does not include wood pieces that have been
treated with chemical preservatives such as creosote,
pentachlorophenol, or copper-chrome-arsenic; wood from old growth
forests; or municipal solid waste.
(4) "Commission" means the Washington state utilities and
transportation commission.
(((4))) (5) "Conservation" means any reduction in electric power
consumption resulting from increases in the efficiency of energy use,
production, or distribution.
(((5))) (6) "Cost-effective" has the same meaning as defined in RCW
80.52.030.
(((6))) (7) "Council" means the Washington state apprenticeship and
training council within the department of labor and industries.
(((7))) (8) "Customer" means a person or entity that purchases
electricity for ultimate consumption and not for resale.
(((8))) (9) "Department" means the department of community, trade,
and economic development or its successor.
(((9))) (10) "Distributed generation" means an eligible renewable
resource where the generation facility or any integrated cluster of
such facilities has a generating capacity of not more than five
megawatts.
(((10))) (11) "Eligible renewable resource" means:
(a) Electricity from a generation facility powered by a renewable
resource other than fresh water that commences operation after March
31, 1999, where: (i) The facility is located in the Pacific Northwest;
or (ii) the electricity from the facility is delivered into Washington
state on a real-time basis without shaping, storage, or integration
services; or
(b) Incremental electricity produced as a result of efficiency
improvements completed after March 31, 1999, to hydroelectric
generation projects owned by a qualifying utility and located in the
Pacific Northwest or to hydroelectric generation in irrigation pipes
and canals located in the Pacific Northwest, where the additional
generation in either case does not result in new water diversions or
impoundments.
(((11))) (12) "Investor-owned utility" has the same meaning as
defined in RCW 19.29A.010.
(((12))) (13) "Load" means the amount of kilowatt-hours of
electricity delivered in the most recently completed year by a
qualifying utility to its Washington retail customers.
(((13))) (14) "Nonpower attributes" means all environmentally
related characteristics, exclusive of energy, capacity reliability, and
other electrical power service attributes, that are associated with the
generation of electricity from a renewable resource, including but not
limited to the facility's fuel type, geographic location, vintage,
qualification as an eligible renewable resource, and avoided emissions
of pollutants to the air, soil, or water, and avoided emissions of
carbon dioxide and other greenhouse gases.
(((14))) (15) "Pacific Northwest" has the same meaning as defined
for the Bonneville power administration in section 3 of the Pacific
Northwest electric power planning and conservation act (94 Stat. 2698;
16 U.S.C. Sec. 839a).
(((15))) (16) "Public facility" has the same meaning as defined in
RCW 39.35C.010.
(((16))) (17) "Qualifying utility" means an electric utility, as
the term "electric utility" is defined in RCW 19.29A.010, that serves
more than twenty-five thousand customers in the state of Washington.
The number of customers served may be based on data reported by a
utility in form 861, "annual electric utility report," filed with the
energy information administration, United States department of energy.
(((17))) (18) "Renewable energy credit" means a tradable
certificate of proof of at least one megawatt-hour of an eligible
renewable resource where the generation facility is not powered by
fresh water, the certificate includes all of the nonpower attributes
associated with that one megawatt-hour of electricity, and the
certificate is verified by a renewable energy credit tracking system
selected by the department.
(((18))) (19) "Renewable resource" means: (a) Water; (b) wind; (c)
solar energy; (d) geothermal energy; (e) landfill gas; (f) wave, ocean,
or tidal power; (g) gas from sewage treatment facilities; (h) biodiesel
fuel as defined in RCW 82.29A.135 that is not derived from crops raised
on land cleared from old growth or first-growth forests where the
clearing occurred after December 7, 2006; and (i) biomass energy
((based on animal waste or solid organic fuels from wood, forest, or
field residues, or dedicated energy crops that do not include (i) wood
pieces that have been treated with chemical preservatives such as
creosote, pentachlorophenol, or copper-chrome-arsenic; (ii) black
liquor byproduct from paper production; (iii) wood from old growth
forests; or (iv) municipal solid waste)).
(((19))) (20) "Rule" means rules adopted by an agency or other
entity of Washington state government to carry out the intent and
purposes of this chapter.
(((20))) (21) "Year" means the twelve-month period commencing
January 1st and ending December 31st."
Correct the title.
EFFECT: Removes the types of fuels that qualify as biomass energy from the definition of renewable resources and creates a separate definition of biomass energy.