(1) Except as provided in subsection (2) of this section, a utility may not use any alternative compliance option under RCW
19.405.040 (1)(b) in any GHG neutral compliance period if it relies on RCW
19.405.060 (4)(a) as the basis for compliance with the standard under RCW
19.405.040(1) or
19.405.050(1).
(2) A utility relying on RCW
19.405.060 (4)(a) may use an alternative compliance option if:
(a) The utility demonstrates that no renewable resources or nonemitting electric generation was reasonably available; or
(b) The utility uses renewable resources and nonemitting electric generation in an amount equal to at least eighty percent of its annual retail electric load during the period.
[Statutory Authority: RCW
19.405.100 and
19.405.060. WSR 21-02-039, § 194-40-350, filed 12/29/20, effective 1/29/21.]