"NEW SECTION.  Sec. 1   (1) The department of ecology shall adopt rules establishing permitting criteria under chapter 70.94 RCW of statewide applicability for generators fueled solely by biogas produced by anaerobic digesters that qualify for the solid waste permitting exemption specified in RCW 70.95.330.
     (2) Rules adopted under subsection (1) of this section must specify:
     (a) Criteria levels:
     (i) Below which generators are not subject to permitting requirements under chapter 70.94 RCW;
     (ii) Within which generators are subject to permitting requirements under chapter 70.94 RCW but qualify for a general permit; and
     (iii) Above which generators are subject to permitting requirements under chapter 70.94 RCW and do not qualify for a general permit;
     (b) General permit standards, including design, operation, and location parameters; and
     (c) Monitoring requirements to ensure continuing compliance with the rules adopted pursuant to this section.
     (3) As used in this section, "generator" means an internal combustion engine that converts biogas into electricity, and includes any backup combustion device to burn biogas when an engine is idled for maintenance.
     (4) The department of ecology shall adopt rules required by this section by January 1, 2012.

NEW SECTION.  Sec. 2   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."