BILL REQ. #:  H-0499.2 



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HOUSE BILL 1481
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State of Washington61st Legislature2009 Regular Session

By Representatives Eddy, Crouse, McCoy, Haler, Carlyle, Armstrong, Hunt, White, Dunshee, Priest, Appleton, Orwall, Rolfes, Hudgins, Hinkle, Upthegrove, Clibborn, Morrell, Ormsby, Kenney, Maxwell, Dickerson, and Pedersen

Read first time 01/21/09.   Referred to Committee on Technology, Energy & Communications.



     AN ACT Relating to electric vehicles; amending RCW 43.19.648 and 43.330.310; adding a new section to chapter 84.36 RCW; adding a new section to chapter 82.29A RCW; adding a new section to chapter 82.04 RCW; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; adding a new section to chapter 82.14 RCW; adding a new section to chapter 79.13 RCW; adding new sections to chapter 43.19 RCW; adding a new section to chapter 35.92 RCW; adding a new section to chapter 54.16 RCW; adding a new section to chapter 80.28 RCW; adding a new section to chapter 28C.18 RCW; adding new sections to chapter 43.21C RCW; adding new sections to chapter 19.27 RCW; adding a new section to chapter 36.70A RCW; adding a new section to chapter 43.63A RCW; adding a new chapter to Title 43 RCW; and providing expiration dates.

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

NEW SECTION.  Sec. 1   The legislature finds the development of electric vehicle infrastructure to be a critical step in creating jobs, fostering economic growth, reducing greenhouse gas emissions, and stemming the effects of climate change in Washington state. Limited driving distance between battery charges is a fundamental disadvantage and obstacle to broad consumer adoption of vehicles powered by electricity. In order to eliminate this fundamental disadvantage and dramatically increase consumer acceptance and usage of electric vehicles, it is essential that an infrastructure of convenient electric vehicle charging opportunities be developed. The purpose of this act is to encourage the transition to electric vehicle use and to expedite the establishment of a convenient, cost-effective, electric vehicle infrastructure that such a transition necessitates. The state's success in encouraging this transition will serve as an economic stimulus to the creation of short-term and long-term jobs as the entire automobile industry and its associated direct and indirect jobs transform over time from combustion to electric vehicles.

NEW SECTION.  Sec. 2   A new section is added to chapter 84.36 RCW to read as follows:
     (1) The assessed value of any property for purposes of taxes collected under chapters 84.52 and 84.55 RCW must be determined without regard to any electric vehicle infrastructure that may be installed thereon.
     (2) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "Electric vehicle" means a passenger vehicle that uses electricity as its primary source of power, such as a plug-in electric vehicle or plug-in hybrid electric vehicle.
     (b) "Electric vehicle infrastructure" means structures, labor, machinery, equipment, circuitry, and electrical appliances necessary to support an electric vehicle, including battery recharging stations and outlets and battery exchange stations.

NEW SECTION.  Sec. 3   A new section is added to chapter 82.29A RCW to read as follows:
     (1) Leasehold excise tax may not be imposed on leases to tenants of public lands for purposes of installing, maintaining, and operating electric vehicle infrastructure.
     (2) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "Electric vehicle" means a passenger vehicle that uses electricity as its primary source of power, such as a plug-in electric vehicle or plug-in hybrid electric vehicle.
     (b) "Electric vehicle infrastructure" means structures, labor, machinery, equipment, circuitry, and electrical appliances necessary to support an electric vehicle, including battery recharging stations and outlets and battery exchange stations.

NEW SECTION.  Sec. 4   A new section is added to chapter 82.04 RCW to read as follows:
     (1) When the state and any local jurisdiction imposes a business and occupation tax, there may be deducted from the basis of tax those costs relating directly to the installation of electric vehicle infrastructure incurred by businesses. The deduction may be taken commencing in the year the costs are incurred and thereafter for each of the following ten years, or until the deduction equals the amount of such costs.
     (2) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "Electric vehicle" means a passenger vehicle that uses electricity as its primary source of power, such as a plug-in electric vehicle or plug-in hybrid electric vehicle.
     (b) "Electric vehicle infrastructure" means structures, labor, machinery, equipment, circuitry, and electrical appliances necessary to support an electric vehicle, including battery recharging stations and outlets and battery exchange stations.
     (3) This section expires December 31, 2019.

NEW SECTION.  Sec. 5   A new section is added to chapter 82.08 RCW to read as follows:
     (1) The tax levied by RCW 82.08.020 does not apply to the sale of electric vehicles or electric vehicle batteries or to the installation of electric vehicle infrastructure and its installation.
     (2) For the purposes of this section, "electric vehicle" means a passenger vehicle that uses electricity as its primary source of power, such as a plug-in electric vehicle or plug-in hybrid electric vehicle.
     (3) For purposes of this section, "electric vehicle infrastructure" means structures, labor, machinery, equipment, circuitry, and electrical appliances necessary to support an electric vehicle, including battery recharging stations and outlets and battery exchange stations.
     (4) This section expires December 31, 2019.

NEW SECTION.  Sec. 6   A new section is added to chapter 82.12 RCW to read as follows:
     (1) The provisions of this chapter do not apply with respect to the use of electric vehicles or electric vehicle batteries or to the use of electric vehicle infrastructure and its installation.
     (2) For the purposes of this section, "electric vehicle" means a passenger vehicle that uses electricity as its primary source of power, such as a plug-in electric vehicle or plug-in hybrid electric vehicle.
     (3) For purposes of this section, "electric vehicle infrastructure" means structures, labor, machinery, equipment, circuitry, and electrical appliances necessary to support an electric vehicle, including battery recharging stations and outlets and battery exchange stations.
     (4) This section expires December 31, 2019.

NEW SECTION.  Sec. 7   A new section is added to chapter 82.14 RCW to read as follows:
     (1) The tax levied under the provisions of this chapter does not apply to the sale of electric vehicles or electric vehicle batteries or to the installation of electric vehicle infrastructure.
     (2) For the purposes of this section, "electric vehicle" means a passenger vehicle that uses electricity as its primary source of power, such as a plug-in electric vehicle or plug-in hybrid electric vehicle.
     (3) For purposes of this section, "electric vehicle infrastructure" means structures, labor, machinery, equipment, circuitry, and electrical appliances necessary to support an electric vehicle, including battery recharging stations and outlets and battery exchange stations.
     (4) This section expires December 31, 2019.

NEW SECTION.  Sec. 8   A new section is added to chapter 79.13 RCW under the subchapter heading "general provisions" to read as follows:
     (1) The state and any local government, including any housing authority, is authorized to lease land owned by such an entity to any person for purposes of installing, maintaining, and operating an electric vehicle charging facility or electric vehicle infrastructure, for a term not in excess of fifty years, for rent of not less than one dollar per year, and with such other terms as the public entity's governing body determines in its sole discretion.
     (2) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "Electric vehicle" means a passenger vehicle that uses electricity as its primary source of power, such as a plug-in electric vehicle or plug-in hybrid electric vehicle.
     (b) "Electric vehicle infrastructure" means structures, labor, machinery, equipment, circuitry, and electrical appliances necessary to support an electric vehicle, including battery recharging stations and outlets and battery exchange stations.

Sec. 9   RCW 43.19.648 and 2007 c 348 s 202 are each amended to read as follows:
     (1) Effective June 1, 2015, all state agencies and local government subdivisions of the state, to the extent determined practicable by the rules adopted by the department of community, trade, and economic development pursuant to RCW 43.325.080, are required to satisfy one hundred percent of their fuel usage for operating publicly owned vessels, vehicles, and construction equipment from electricity or biofuel.
     (2) In order to phase in this transition, all state agencies and local governmental subdivisions of the state, to the extent determined practicable by the department of community, trade, and economic development by rules adopted pursuant to RCW 43.325.080, are required to achieve fuel usage for operating publicly owned vessels, vehicles, and construction equipment from electricity or biofuel in at least the following stages:
     (a) Ten percent by December 31, 2012;
     (b) Twenty percent by December 31, 2013;
     (c) Forty percent by December 31, 2014;
     (d) Sixty percent by December 31, 2015; and
     (e) One hundred percent by December 31, 2016.
     (3)
Except for cars owned or operated by the Washington state patrol, when tires on vehicles in the state's motor vehicle fleet are replaced, they must be replaced with tires that have the same or better rolling resistance as the original tires.

NEW SECTION.  Sec. 10   A new section is added to chapter 43.19 RCW to read as follows:
     (1) By December 31, 2015, the state must, to the extent practicable, install charging outlets to the specifications dictated by the governing standards bodies capable of charging a fleet of all electric vehicles in each of the state's fleet parking and maintenance facilities.
     (2) By December 31, 2015, the state must, to the extent practicable, install charging outlets capable of charging electric vehicles in each state-owned highway rest stop.
     (3) By December 31, 2015, the state must install or lease space for the installation of a battery exchange station capable of exchanging and recharging removable battery sets for use in all electric vehicles in appropriate state-owned highway rest stops.
     (4) Electric vehicle charging outlets and infrastructure must conform to rules adopted under section 24 of this act.
     (5) For the purposes of this section, "electric vehicle" means a passenger vehicle that uses electricity as its primary source of power, such as a plug-in electric vehicle or plug-in hybrid electric vehicle.

NEW SECTION.  Sec. 11   A new section is added to chapter 35.92 RCW to read as follows:
     (1) Municipal utilities under this chapter are encouraged to secure the environmental benefits of all electric vehicle use by utilizing all electric vehicles for their own vehicle fleets and by promoting the use of all electric vehicles by others to take advantage of the opportunities that electric vehicle use has for effectively storing intermittent generation of electricity by renewable generating resources, such as solar and wind, and for shifting recharge demands to off-peak periods.
     (2) For the purposes of this section, "electric vehicle" means a passenger vehicle that uses electricity as its primary source of power, such as a plug-in electric vehicle or plug-in hybrid electric vehicle.

NEW SECTION.  Sec. 12   A new section is added to chapter 54.16 RCW to read as follows:
     (1) Public utility districts under this chapter are encouraged to secure the environmental benefits of all electric vehicle use by utilizing all electric vehicles for their own vehicle fleets and by promoting the use of all electric vehicles by others to take advantage of the opportunities that electric vehicle use has for effectively storing intermittent generation of electricity by renewable generating resources, such as solar and wind, and for shifting recharge demands to off-peak periods.
     (2) For the purposes of this section, "electric vehicle" means a passenger vehicle that uses electricity as its primary source of power, such as a plug-in electric vehicle or plug-in hybrid electric vehicle.

NEW SECTION.  Sec. 13   A new section is added to chapter 80.28 RCW to read as follows:
     (1) Investor-owned electric utilities under this chapter are encouraged to secure the environmental benefits of all electric vehicle use by utilizing all electric vehicles for their own vehicle fleets and by promoting the use of all electric vehicles by others to take advantage of battery recharge electric use and the opportunities that electric vehicle use has for effectively storing intermittent generation of electricity by renewable generating resources, such as solar and wind, and for use of off-peak power.
     (2) For the purposes of this section, "electric vehicle" means a passenger vehicle that is a plug-in electric vehicle or plug-in hybrid vehicle.

NEW SECTION.  Sec. 14   A new section is added to chapter 28C.18 RCW to read as follows:
     The board shall:
     (1) Facilitate collaboration among stakeholders to develop the workforce needed to transform and support an electrified transportation network and vehicle fleet;
     (2) In collaboration with stakeholders, establish and maintain a state strategic plan for ensuring an adequate supply of workers to transform and support an electrified transportation network and vehicle fleet in Washington state; and
     (3) Report to the governor and legislature by December 31, 2010, and annually thereafter, on progress on the state plan and make additional recommendations as necessary.

Sec. 15   RCW 43.330.310 and 2008 c 14 s 9 are each amended to read as follows:
     (1) The legislature establishes a comprehensive green economy jobs growth initiative based on the goal of, by 2020, increasing the number of green economy jobs to twenty-five thousand from the eight thousand four hundred green economy jobs the state had in 2004.
     (2) The department, in consultation with the employment security department, the state workforce training and education coordinating board, the state board ((of [for])) for community and technical colleges, and the higher education coordinating board, shall develop a defined list of terms, consistent with current workforce and economic development terms, associated with green economy industries and jobs.
     (3)(a) The employment security department, in consultation with the department, the state workforce training and education coordinating board, the state board for community and technical colleges, the higher education coordinating board, Washington State University small business development center, and the Washington State University extension energy program, shall conduct labor market research to analyze the current labor market and projected job growth in the green economy, the current and projected recruitment and skill requirement of green economy industry employers, the wage and benefits ranges of jobs within green economy industries, and the education and training requirements of entry-level and incumbent workers in those industries.
     (b) The University of Washington business and economic development center shall: Analyze the current opportunities for and participation in the green economy by minority and women-owned business enterprises in Washington; identify existing barriers to their successful participation in the green economy; and develop strategies with specific policy recommendations to improve their successful participation in the green economy. The research may be informed by the research of the Puget Sound regional council prosperity partnership, as well as other entities. The University of Washington business and economic development center shall report to the appropriate committees of the house of representatives and the senate on their research, analysis, and recommendations by December 1, 2008.
     (4) Based on the findings from subsection (3) of this section, the employment security department, in consultation with the department and taking into account the requirements and goals of chapter 14, Laws of 2008 and other state clean energy and energy efficiency policies, shall propose which industries will be considered high-demand green industries, based on current and projected job creation and their strategic importance to the development of the state's green economy. The employment security department and the department shall take into account which jobs within green economy industries will be considered high-wage occupations and occupations that are part of career pathways to the same, based on family-sustaining wage and benefits ranges. These designations, and the results of the employment security department's broader labor market research, shall inform the planning and strategic direction of the department, the state workforce training and education coordinating board, the state board for community and technical colleges, and the higher education coordinating board.
     (5) The department shall identify emerging technologies and innovations that are likely to contribute to advancements in the green economy, including the activities in designated innovation partnership zones established in RCW 43.330.270.
     (6) The department, consistent with the priorities established by the state economic development commission, shall:
     (a) Develop targeting criteria for existing investments, and make recommendations for new or expanded financial incentives and comprehensive strategies, to recruit, retain, and expand green economy industries and small businesses; and
     (b) Make recommendations for new or expanded financial incentives and comprehensive strategies to stimulate research and development of green technology and innovation, including designating innovation partnership zones linked to the green economy.
     (7) For the purposes of this section, "target populations" means (a) entry-level or incumbent workers in high-demand green industries who are in, or are preparing for, high-wage occupations; (b) dislocated workers in declining industries who may be retrained for high-wage occupations in high-demand green industries; (c) dislocated agriculture, timber, or energy sector workers who may be retrained for high-wage occupations in high-demand green industries; (d) eligible veterans or national guard members; (e) disadvantaged populations; or (f) anyone eligible to participate in the state opportunity grant program under RCW 28B.50.271.
     (8) The legislature directs the state workforce training and education coordinating board to create and pilot green industry skill panels. These panels shall consist of business representatives from industry sectors related to clean energy, labor unions representing workers in those industries or labor affiliates administering state-approved, joint apprenticeship programs or labor-management partnership programs that train workers for these industries, state and local veterans agencies, employer associations, educational institutions, and local workforce development councils within the region that the panels propose to operate, and other key stakeholders as determined by the applicant. Any of these stakeholder organizations are eligible to receive grants under this section and serve as the intermediary that convenes and leads the panel. Panel applicants must provide labor market and industry analysis that demonstrates high demand, or demand of strategic importance to the development of the state's clean energy economy as identified in this section, for high-wage occupations, or occupations that are part of career pathways to the same, within the relevant industry sector. The panel shall:
     (a) Conduct labor market and industry analyses, in consultation with the employment security department, and drawing on the findings of its research when available;
     (b) Plan strategies to meet the recruitment and training needs of the industry and small businesses; and
     (c) Leverage and align other public and private funding sources.
     (9) The green industries jobs training account is created in the state treasury. Moneys from the account must be utilized to supplement the state opportunity grant program established under RCW 28B.50.271. All receipts from appropriations directed to the account must be deposited into the account. Expenditures from the account may be used only for the activities identified in this subsection. The state board for community and technical colleges, in consultation with the state workforce training and education coordinating board, informed by the research of the employment security department and the strategies developed in this section, may authorize expenditures from the account. The state board for community and technical colleges must distribute grants from the account on a competitive basis.
     (a)(i) Allowable uses of these grant funds, which should be used when other public or private funds are insufficient or unavailable, may include:
     (A) Curriculum development;
     (B) Transitional jobs strategies for dislocated workers in declining industries who may be retrained for high-wage occupations in green industries;
     (C) Workforce education to target populations; and
     (D) Adult basic and remedial education as necessary linked to occupation skills training.
     (ii) Allowable uses of these grant funds do not include student assistance and support services available through the state opportunity grant program under RCW 28B.50.271.
     (b) Applicants eligible to receive these grants may be any organization or a partnership of organizations that has demonstrated expertise in:
     (i) Implementing effective education and training programs that meet industry demand; and
     (ii) Recruiting and supporting, to successful completion of those training programs carried out under these grants, the target populations of workers.
     (c) In awarding grants from the green industries jobs training account, the state board for community and technical colleges shall give priority to applicants that demonstrate the ability to:
     (i) Use labor market and industry analysis developed by the employment security department and green industry skill panels in the design and delivery of the relevant education and training program, and otherwise utilize strategies developed by green industry ((skills [skill])) skill panels;
     (ii) Leverage and align existing public programs and resources and private resources toward the goal of recruiting, supporting, educating, and training target populations of workers;
     (iii) Work collaboratively with other relevant stakeholders in the regional economy;
     (iv) Link adult basic and remedial education, where necessary, with occupation skills training;
     (v) Involve employers and, where applicable, labor unions in the determination of relevant skills and competencies and, where relevant, the validation of career pathways; and
     (vi) Ensure that supportive services, where necessary, are integrated with education and training and are delivered by organizations with direct access to and experience with the targeted population of workers.
     (10) Jobs created as a result of the need to transition to and support an electrified transportation network and vehicle fleet under this act are green economy jobs for the purposes of this section.

NEW SECTION.  Sec. 16   (1) The state preempts the regulation of electric vehicle infrastructure except as specified in section 21 of this act, provided that local jurisdictions retain their traditional regulatory permitting authority for administrative permit issuance, such as electrical and building permits. The proprietary interests of a local or state authority are not affected by this provision.
     (2) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "Electric vehicle" means a passenger vehicle that uses electricity as its primary source of power, such as a plug-in electric vehicle or plug-in hybrid electric vehicle.
     (b) "Electric vehicle infrastructure" means structures, labor, machinery, equipment, circuitry, and electrical appliances necessary to support an electric vehicle, including battery recharging stations and outlets and battery exchange stations.

NEW SECTION.  Sec. 17   (1) Counties with a population over five hundred thousand must create an implementation schedule for local jurisdictions, with a goal to have the county's private and public parking spaces electric vehicle ready in at least the following stages:
     (a) Two percent by December 31, 2013;
     (b) Five percent by December 31, 2015; and
     (c) Ten percent by December 31, 2018.
     (2) For the purposes of this section, "electric vehicle" means a passenger vehicle that uses electricity as its primary source of power, such as a plug-in electric vehicle or plug-in hybrid electric vehicle.

NEW SECTION.  Sec. 18   A new section is added to chapter 43.21C RCW to read as follows:
     (1) The siting, permitting, and installation of electric vehicle infrastructure are not subject to the requirements of RCW 43.21C.030(2)(c) except as indicated in subsection (2) of this section.
     (2) The siting, permitting, and construction of electric vehicle battery exchange stations are not subject to the requirements of RCW 43.21C.030(2)(c) except to the extent that:
     (a) The use or construction exceeds the maximum levels specified in WAC 197-11-800(1)(c); or
     (b) The use is in or over water or other critical areas.
     (3) All state, regional, and local governmental entities, including housing authorities, may use an environmental impact statement adopted under section 22 of this act as an existing environmental document in accordance with the provisions of RCW 43.21C.034.
     (4) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "Electric vehicle" means a passenger vehicle that uses electricity as its primary source of power, such as a plug-in electric vehicle or plug-in hybrid electric vehicle.
     (b) "Electric vehicle infrastructure" means structures, labor, machinery, equipment, circuitry, and electrical appliances necessary to support an electric vehicle, including battery recharging stations and outlets and battery exchange stations.

NEW SECTION.  Sec. 19   A new section is added to chapter 43.19 RCW to read as follows:
     (1) All new state, regional, and local government and housing authority construction, including construction of buildings to be leased in whole or in part to a governmental entity, must to the extent practicable include electric vehicle infrastructure in publicly available parking and in government fleet vehicle parking. This includes park and ride facilities. The department of general administration, in conjunction with the department of community, trade, and economic development shall adopt required ratios of charge spots to parking based on the type of facility or building. These parking spaces must be reserved for and exclusively used by electric vehicles. New public universities and colleges, commercial passenger airports, park and rides, ferry terminals, and any government agency site associated with four hundred or more parking spaces must provide space for an exchange station.
     (2)(a) Governmental entities operating existing park and ride and off-street parking facilities in counties with a population over five hundred thousand shall to the extent practicable arrange for parking spaces to be electric vehicle ready in at least the following stages:
     (i) Two percent by December 31, 2013;
     (ii) Five percent by December 31, 2015; and
     (iii) Ten percent by December 31, 2018.
     (b) Installation costs must to the extent practicable be paid by electric vehicle system operators or by the infrastructure owner.
     (3) All state, regional, and local governmental entities in counties with a population over five hundred thousand shall to the extent practicable arrange for installation of electric vehicle infrastructure at existing government facilities. Governmental entities shall require property owners to allow for electric vehicle infrastructure retrofitting when the entity is leasing existing facilities. The department of general administration, in conjunction with the department of community, trade, and economic development shall adopt required ratios of charge spots to parking based on the type of facility or building. Existing public universities and colleges, commercial passenger airports, park and rides, ferry terminals, and any government agency site associated with four hundred or more parking spaces must provide space for an exchange station.
     (4) The state department of transportation shall allow construction of large electric vehicle infrastructure, such as exchange and quick charging stations in or adjacent to appropriate state highway rest stops and weigh stations. Construction costs of exchange and quick charging stations must be borne by an electric vehicle system operator or the infrastructure owner.
     (5) Local jurisdictions shall allow to the extent practicable an electric vehicle system operator or the infrastructure owner to install battery recharging stations or outlets in garages, on public streets, on public sidewalks, and in on-site parking associated with municipal buildings.
     (6) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "Electric vehicle" means a passenger vehicle that uses electricity as its primary source of power, such as a plug-in electric vehicle or plug-in hybrid electric vehicle.
     (b) "Electric vehicle infrastructure" means structures, labor, machinery, equipment, circuitry, and electrical appliances necessary to support an electric vehicle, including battery recharging stations and outlets and battery exchange stations.
     (c) "Electric vehicle system operator" means the entity controlling the electric vehicle infrastructure.

NEW SECTION.  Sec. 20   A new section is added to chapter 19.27 RCW to read as follows:
     (1) Consistent with rules adopted under section 24 of this act, all new parking garages, parking lots, retail over twelve thousand square feet, office buildings, multifamily housing, and single-family homes must be constructed with the electric circuitry required to support electric vehicle charging infrastructure for every parking space.
     (2) Consistent with rules adopted under section 24 of this act, additions or alterations above four thousand square feet to existing retail space greater than twelve thousand square feet, or office buildings, and addition of one or more units or alteration of more than twenty-five percent of existing space in multifamily housing requires retrofitting of the structure to include the electric circuitry required to support electric vehicle infrastructure in a proportional manner based on the ratio of associated parking to square footage. For example, an alteration of fifty percent of square footage requires the retrofitting of fifty percent of the structure's associated parking spaces. Calculation of the number of parking spaces to be retrofitted must be rounded up to the nearest whole number.
     (3) Electric vehicle charging infrastructure must conform to rules adopted under section 24 of this act.
     (4) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "Electric vehicle" means a passenger vehicle that uses electricity as its primary source of power, such as a plug-in electric vehicle or plug-in hybrid electric vehicle.
     (b) "Electric vehicle infrastructure" means structures, labor, machinery, equipment, circuitry, and electrical appliances necessary to support an electric vehicle, including battery recharging stations and outlets and battery exchange stations.
     (c) "Electric vehicle system operator" means the entity controlling the electric vehicle infrastructure.

NEW SECTION.  Sec. 21   A new section is added to chapter 36.70A RCW to read as follows:
     (1) Local jurisdictions in counties with population greater than five hundred thousand must require as a condition of development that all proposed new commercial and multifamily development with adjacent on-street parking install appropriate circuitry to support electric vehicle infrastructure in all adjacent spots and active charge spots in ten percent of adjacent parking spaces that are directly related to the vehicular transportation needs generated by the proposed development.
     (2) Local jurisdictions in counties with population greater than five hundred thousand must require as a condition of development that all additions to commercial and multifamily development above four thousand square feet with adjacent on-street parking install appropriate circuitry to support electric vehicle infrastructure in all adjacent spots and active charge spots in ten percent of adjacent parking spaces that are directly related to the vehicular transportation needs generated by the proposed development.
     (3) By June 1, 2010, local jurisdictions in counties with population greater than five hundred thousand shall allow battery recharging stations as a permitted use and battery exchange stations as a permitted use in all mixed-use and nonresidential zones. County or city amendments of development regulations or comprehensive plans to comply with this subsection are not subject to appeal by petition to the growth management hearings board and are not subject to the requirements of RCW 43.21C.030(2)(c).
     (4) Local jurisdictions are authorized to adopt incentive systems to encourage the retrofitting of existing structures with the electric circuitry required to support electric vehicle charging infrastructure. Incentives may include transferable development rights for use in urban growth areas. Any incentive program under this section must be approved by the department of community, trade, and economic development. Incentives may not be granted under this section after December 31, 2020, but a local jurisdiction's incentive program may allow for a validly granted incentive to be exercised after December 31, 2020.
     (5) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "Electric vehicle" means a passenger vehicle that uses electricity as its primary source of power, such as a plug-in electric vehicle or plug-in hybrid electric vehicle.
     (b) "Electric vehicle infrastructure" means structures, labor, machinery, equipment, circuitry, and electrical appliances necessary to support an electric vehicle, including battery recharging stations and outlets and battery exchange stations.

NEW SECTION.  Sec. 22   A new section is added to chapter 43.21C RCW to read as follows:
     (1) Local jurisdictions in counties with population greater than five hundred thousand must require as a condition of development that all proposed new commercial and multifamily development with adjacent on-street parking install appropriate circuitry to support electric vehicle infrastructure in all adjacent spots and active charge spots in ten percent of adjacent parking spaces that are directly related to the vehicular transportation needs generated by the proposed development.
     (2) Local jurisdictions in counties with population greater than five hundred thousand must require as a condition of development that all additions to commercial and multifamily development above four thousand square feet with adjacent on-street parking install appropriate circuitry to support electric vehicle infrastructure in all adjacent spots and active charge spots in ten percent of adjacent parking spaces that are directly related to the vehicular transportation needs generated by the proposed development.
     (3) By June 1, 2010, local jurisdictions in counties with population greater than five hundred thousand shall allow battery recharging stations as a permitted use and battery exchange stations as a permitted use in all mixed-use and nonresidential zones. County or city amendments of development regulations or comprehensive plans to comply with this subsection are not subject to appeal by petition to the growth management hearings board and are not subject to the requirements of RCW 43.21C.030(2)(c).
     (4) Local jurisdictions are authorized to adopt incentive systems to encourage the retrofitting of existing structures with the electric circuitry required to support electric vehicle charging infrastructure. Incentives may include transferable development rights for use in urban growth areas. Any incentive program under this section must be approved by the department of community, trade, and economic development. Incentives may not be granted under this section after December 31, 2020, but a local jurisdiction's incentive program may allow for a validly granted incentive to be exercised after December 31, 2020.
     (5) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "Electric vehicle" means a passenger vehicle that uses electricity as its primary source of power, such as a plug-in electric vehicle or plug-in hybrid electric vehicle.
     (b) "Electric vehicle infrastructure" means structures, labor, machinery, equipment, circuitry, and electrical appliances necessary to support an electric vehicle, including battery recharging stations and outlets and battery exchange stations.

NEW SECTION.  Sec. 23   A new section is added to chapter 43.63A RCW to read as follows:
     (1) The department of community, trade, and economic development shall provide technical assistance to local governments in integrating the provisions of this act into their existing zoning codes and other development regulations.
     (2) By December 31, 2009, the department of community, trade, and economic development, pursuant to RCW 43.21C.030(2)(c), shall complete a nonproject environmental impact statement addressing the impacts of electric vehicle infrastructure that may be used by state agencies and local governments, including housing authorities, in permitting, installing, contracting for, or otherwise authorizing electric vehicle infrastructure. This nonproject environmental impact statement is not subject to legal challenge, administrative appeals, or judicial review.
     (3) The department of community, trade, and economic development shall provide assistance to local jurisdictions in developing incentives for retrofitting existing structures with the electric circuitry required to support electric vehicle infrastructure as authorized in this act.
     (4) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "Electric vehicle" means a passenger vehicle that uses electricity as its primary source of power, such as a plug-in electric vehicle or plug-in hybrid electric vehicle.
     (b) "Electric vehicle infrastructure" means structures, labor, machinery, equipment, circuitry, and electrical appliances necessary to support an electric vehicle, including battery recharging stations and outlets and battery exchange stations.

NEW SECTION.  Sec. 24   A new section is added to chapter 19.27 RCW to read as follows:
     (1) The state building code council shall adopt rules for electric vehicle infrastructure. Rules adopted by the council must consider applicable national and international standards.
     (2) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "Electric vehicle" means a passenger vehicle that uses electricity as its primary source of power, such as a plug-in electric vehicle or plug-in hybrid electric vehicle.
     (b) "Electric vehicle infrastructure" means structures, labor, machinery, equipment, circuitry, and electrical appliances necessary to support an electric vehicle, including battery recharging stations and outlets and battery exchange stations.

NEW SECTION.  Sec. 25   Sections 1, 16, and 17 of this act constitute a new chapter in Title 43 RCW.

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