S-4141

AN ACT Relating to state government as a leader in clean energy consumption; amending RCW 43.21F.015 and 43.21F.045; adding new sections to chapter 43.21F RCW; adding a new section to chapter 43.19 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. (1) The legislature finds that:

(a) Energy production and consumption account for the vast majority of human-caused greenhouse gas emissions;

(b) As a significant consumer of energy resources and a committed steward of public health and environmental quality, Washington state government is well-positioned to be a leader in promoting and using clean energy;

(c) State government actions to promote and use clean energy are consistent with the state's environmental commitments, including addressing the increasingly imminent dangers to Washington's qualities of life that are threatened by global climate changes and improving local and regional air quality;

(d) State government actions to promote and use clean energy are also consistent with the state's high priority policy objectives to maintain competitive energy costs and a reliable and secure supply of energy resources; and

(e) State government actions to promote and use clean energy are also consistent with the state's goals to support economic development opportunities, by reducing traffic congestion and stimulating new and emerging energy technologies within the clean energy industry of the state's high-technology sector.

(2) The legislature intends state government to adopt a strategy to meet its energy needs with no net increase in greenhouse gas emissions. The legislature further intends the state to take immediate, short-term steps to limit the emissions attributable to its electricity consumption while developing a long-term, cost-effective strategy to reach the goal of no net increase in greenhouse gas emissions.

NEW SECTION. Sec. 2. A new section is added to chapter 43.21F RCW to read as follows:

The definitions in this section apply throughout RCW 43.21F.015, 43.21F.045, and sections 5 and 6 of this act, unless the context clearly requires otherwise.

(1) "Energy conservation measures" has the same meaning as defined in RCW 43.19.670(3) (a) through (j) and (l).

(2) "Greenhouse gases" includes carbon dioxide (CO2), methane and natural gas (CH4), and nitrous oxide (N2O).

(3) "Net increase in greenhouse gas emissions" means a quantity of emissions in excess of the level of emissions attributable to the annual consumption of energy by state government in the year 2000.

(4) "Qualified alternative energy resources" has the same meaning as defined in RCW 19.29A.090.

(5) "State" and "state government" mean the executive branch agencies of the state of Washington that are managed by governor-appointed executives and state institutions of higher education.

Sec. 3. RCW 43.21F.015 and 1994 c 207 s 3 are each amended to read as follows:

It is the policy of the state of Washington that:

(1) The development and use of a diverse array of energy resources with emphasis on renewable energy resources shall be encouraged;

(2) The supply of energy shall be sufficient to insure the health and economic welfare of its citizens;

(3) The development and use of energy resources shall be consistent with the statutory environmental policies of the state;

(4) Energy conservation and elimination of wasteful and uneconomic uses of energy and materials shall be encouraged, and this conservation should include, but is not limited to, resource recovery and materials recycling;

(5) In energy emergency shortage situations, energy requirements to maintain the public health, safety, and welfare shall be given priority in the allocation of energy resources, and citizens and industry shall be assisted in adjusting to the limited availability of energy in order to minimize adverse impacts on their physical, social, and economic well being;

(6) State government adopt a policy to meet its energy needs with no net increase in greenhouse gas emissions;

(7) State government shall provide a source of impartial and objective information in order that this energy policy may be enhanced; and

((~~(7)~~)) (8) The state energy strategy shall provide primary guidance for implementation of the state's energy policy.

Sec. 4. RCW 43.21F.045 and 1996 c 186 s 103 are each amended to read as follows:

(1) The department shall supervise and administer energy-related activities as specified in RCW 43.330.904 and shall advise the governor and the legislature with respect to energy matters affecting the state.

(2) In addition to other powers and duties granted to the department, the department shall have the following powers and duties:

(a) Prepare and update contingency plans for implementation in the event of energy shortages or emergencies. The plans shall conform to chapter 43.21G RCW and shall include procedures for determining when these shortages or emergencies exist, the state officers and agencies to participate in the determination, and actions to be taken by various agencies and officers of state government in order to reduce hardship and maintain the general welfare during these emergencies. The department shall coordinate the activities undertaken pursuant to this subsection with other persons. The components of plans that require legislation for their implementation shall be presented to the legislature in the form of proposed legislation at the earliest practicable date. The department shall report to the governor and the legislature on probable, imminent, and existing energy shortages, and shall administer energy allocation and curtailment programs in accordance with chapter 43.21G RCW.

(b) Establish and maintain a central repository in state government for collection of existing data on energy resources, including:

(i) Supply, demand, costs, utilization technology, projections, and forecasts;

(ii) Comparative costs of alternative energy sources, uses, and applications; and

(iii) Inventory data on energy research projects in the state conducted under public and/or private auspices, and the results thereof.

(c) Coordinate federal energy programs appropriate for state-level implementation, carry out such energy programs as are assigned to it by the governor or the legislature, and monitor federally funded local energy programs as required by federal or state regulations.

(d) Develop energy policy recommendations for consideration by the governor and the legislature, including but not limited to strategies and options to allow state government to meet its energy needs with no net increase in greenhouse gas emissions.

(e) Provide assistance, space, and other support as may be necessary for the activities of the state's two representatives to the Pacific northwest electric power and conservation planning council. To the extent consistent with federal law, the director shall request that Washington's council members request the administrator of the Bonneville power administration to reimburse the state for the expenses associated with the support as provided in the Pacific Northwest Electric Power Planning and Conservation Act (P.L. 96-501).

(f) Cooperate with state agencies, other governmental units, and private interests in the prioritization and implementation of the state energy strategy elements and on other energy matters.

(g) Serve as the official state agency responsible for coordinating implementation of the state energy strategy.

(h) No later than December 1, 1982, and by December 1st of each even-numbered year thereafter, prepare and transmit to the governor and the appropriate committees of the legislature a report on the implementation of the state energy strategy and other important energy issues, as appropriate.

(i) Provide support for increasing cost-effective energy conservation, including assisting in the removal of impediments to timely implementation.

(j) Provide support for the development of cost-effective energy resources including assisting in the removal of impediments to timely construction.

(k) Adopt rules, under chapter 34.05 RCW, necessary to carry out the powers and duties enumerated in this chapter.

(l) Provide administrative assistance, space, and other support as may be necessary for the activities of the energy facility site evaluation council, as provided for in RCW 80.50.030.

(m) Appoint staff as may be needed to administer energy policy functions and manage energy facility site evaluation council activities. These employees are exempt from the provisions of chapter 41.06 RCW.

(3) To the extent the powers and duties set out under this section relate to energy education, applied research, and technology transfer programs they are transferred to Washington State University.

(4) To the extent the powers and duties set out under this section relate to energy efficiency in public buildings they are transferred to the department of general administration.

NEW SECTION. Sec. 5. A new section is added to chapter 43.19 RCW to read as follows:

(1) The department of general administration shall make all reasonable efforts to ensure that a portion of state government's electricity consumption be from qualified alternative energy resources, and energy conservation and efficiency measures implemented on or after January 1, 2002, or a combination thereof, according to the following schedule:

(a) At least two percent by July 1, 2003;

(b) At least four percent by July 1, 2005;

(d) At least eight percent by July 1, 2009; and

(e) At least ten percent by July 1, 2011, and every year thereafter. Reasonable efforts include reviewing energy audits performed pursuant to chapter 43.19 RCW and providing technical expertise and administrative assistance within available resources. For the purposes of this subsection, acquisition or use of qualified alternative energy resources is not limited to those resources offered by electric utilities under the provisions of RCW 19.29A.090 but shall be subject to the approval of the office of financial management where the cost of such acquisitions would exceed the cost of existing electrical service by more than five percent.

(2) The department of general administration must pursue, in collaboration with the department of ecology, existing opportunities to sell, trade, or receive other fair value for any emissions reductions credits attributable to state government's shift to consumption of electricity from qualified energy resources. Nothing in this section shall be construed to require the department of general administration to create a state emissions allowance set-aside program.

NEW SECTION. Sec. 6. A new section is added to chapter 43.21F RCW to read as follows:

In preparing the biennial energy report required under RCW 43.21F.045(2)(h) to be transmitted to the governor and the legislature by December 1, 2002, the department must include the following information:

(1) A measurement of the current and likely future greenhouse gas emissions resulting from state government's current and projected energy consumption;

(2) Identification of specific strategies and options to reduce or offset the emissions by sufficient quantity and quality in order to compensate for the greenhouse gas emissions attributable to the state government's energy consumption. Strategies and options may include, but need not necessarily be limited to, the following:

(a) Reducing the state's consumption of electricity through aggressive pursuit of cost-effective energy conservation and efficiency opportunities;

(b) Increasing the proportion of electricity the state generates for its own use or purchases through an electric utility from qualified alternative energy resources;

(c) Addressing transportation-related energy challenges such as improving the fuel efficiency of the state's vehicle fleet, using alternative fuels in the state's vehicle fleet, changing the ways state employees and contractors travel, and developing transportation substitutes for state employees and contractors; and

(d) Options for mitigation or offsets that directly avoid, displace, or permanently sequester greenhouse gas emissions as close in time as possible to the occurrence of the actual emissions;

(3) An analysis of the feasibility of extending the no net increase in greenhouse gas emissions standard to state agencies other than those defined in section 2(5) of this act, including but not limited to public educational institutions; and

(4) A status report on the planning and progress related to implementing section 5 of this act.