BILL REQ. #: S-4297.2
State of Washington | 62nd Legislature | 2012 Regular Session |
READ FIRST TIME 02/03/12.
AN ACT Relating to creating a review process to determine whether a proposed electric generation project or conservation resource qualifies to meet a target under RCW 19.285.040; and adding a new section to chapter 19.285 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 19.285 RCW
to read as follows:
(1) When requested by a consumer-owned qualifying utility or by a
person proposing an electric generation project or conservation
resource, the Washington State University extension energy program is
authorized to and shall provide analysis and an advisory opinion on
whether a proposed electric generation project or conservation resource
qualifies to meet a target under RCW 19.285.040. The advisory opinion
must include a legal analysis. When forming its advisory opinion, the
Washington State University extension energy program must: (a)
Consider, and may rely on, previous opinions issued by the I-937
technical working group established by the commission and the
department; (b) consult with the technical and legal staff of the
department; and (c) solicit and consider comments from interested
parties, including staff of the requesting utility. The Washington
State University extension energy program must give priority to any
application regarding an electric generation project or conservation
resource that previously received an affirmative advisory opinion from
the I-937 technical working group.
(2) Consumer-owned qualifying utilities and persons proposing
electric generation projects or conservation resources may apply for an
advisory opinion from the Washington State University extension energy
program. The application must be in writing and must include
information that accurately describes the proposed project or resource.
Within ninety days of receiving an application, the Washington State
University extension energy program must issue a signed advisory
opinion on whether the proposed project or resource qualifies to meet
a target under RCW 19.285.040. The governing board of the consumer-owned utility that will use the resource or project must either adopt
or reject the advisory opinion after public notice and hearing. Under
its responsibilities in RCW 19.285.060, the auditor shall consider any
project or resource reviewed and adopted under the process in this
section as being in compliance with RCW 19.285.040 and 19.285.060, but
only if: (a) The advisory opinion affirmatively qualifies the project
or resource; (b) the governing board of the consumer-owned utility that
will use the project or resource adopts the advisory opinion after
public notice and hearing; and (c) the project or resource is built or
acquired as proposed.
(3) The Washington State University extension energy program may
require an applicant to pay an application fee to cover the cost of
reviewing the project and preparing an advisory opinion.
(4) An electric generation project reviewed and adopted under this
section may produce renewable energy credits as defined in RCW
19.285.030.
(5) The Washington State University extension energy program may
adopt rules to implement this section.
(6) Nothing in this section preempts the authority of any governing
board of a consumer-owned utility from making a determination,
independent of the process in this section, on whether a proposed
electric generation project or conservation resource may qualify to
meet a target under RCW 19.285.040.