AN
ACT Relating to the purchasing of clean technologies; amending RCW 43.19.1905,
43.19.570, 43.19.637, and 19.29A.090; adding a new section to chapter 39.35B
RCW; and creating a new section.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
43.19.1905 and 1995 c 269 s 1402 are each amended to read as follows:
The
director of general administration shall establish overall state policy for
compliance by all state agencies, including educational institutions, regarding
the following purchasing and material control functions:
(1)
Development of a state commodity coding system, including common stock numbers
for items maintained in stores for reissue;
(2)
Determination where consolidations, closures, or additions of stores operated
by state agencies and educational institutions should be initiated;
(3)
Institution of standard criteria for determination of when and where an item in
the state supply system should be stocked;
(4)
Establishment of stock levels to be maintained in state stores, and formulation
of standards for replenishment of stock;
(5)
Formulation of an overall distribution and redistribution system for stock
items which establishes sources of supply support for all agencies, including
interagency supply support;
(6)
Determination of what function data processing equipment, including remote
terminals, shall perform in statewide purchasing and material control for
improvement of service and promotion of economy;
(7)
Standardization of records and forms used statewide for supply system
activities involving purchasing, receiving, inspecting, storing, requisitioning,
and issuing functions, including a standard notification form for state
agencies to report cost-effective direct purchases, which shall at least
identify the price of the goods as available through the division of
purchasing, the price of the goods as available from the alternative source,
the total savings, and the signature of the notifying agency's director or the
director's designee;
(8)
Screening of supplies, material, and equipment excess to the requirements of
one agency for overall state need before sale as surplus;
(9)
Establishment of warehouse operation and storage standards to achieve uniform,
effective, and economical stores operations;
(10)
Establishment of time limit standards for the issuing of material in store and
for processing requisitions requiring purchase;
(11)
Formulation of criteria for determining when centralized rather than
decentralized purchasing shall be used to obtain maximum benefit of volume
buying of identical or similar items, including procurement from federal supply
sources;
(12)
Development of criteria for use of leased, rather than state owned, warehouse
space based on relative cost and accessibility;
(13)
Institution of standard criteria for purchase and placement of state furnished
materials, carpeting, furniture, fixtures, and nonfixed equipment, in newly
constructed or renovated state buildings;
(14)
Determination of how transportation costs incurred by the state for materials,
supplies, services, and equipment can be reduced by improved freight and
traffic coordination and control;
(15)
Establishment of a formal certification program for state employees who are
authorized to perform purchasing functions as agents for the state under the
provisions of chapter 43.19 RCW;
(16)
Development of performance measures for the reduction of total overall expense
for material, supplies, equipment, and services used each biennium by the
state;
(17)
Establishment of a standard system for all state organizations to record and
report dollar savings and cost avoidance which are attributable to the
establishment and implementation of improved purchasing and material control
procedures;
(18)
Development of procedures for mutual and voluntary cooperation between state
agencies, including educational institutions, and political subdivisions for
exchange of purchasing and material control services;
(19)
Resolution of all other purchasing and material matters which require the
establishment of overall statewide policy for effective and economical supply
management;
(20)
Development of guidelines and criteria for the purchase of vehicles, high
gas mileage vehicles, alternate vehicle fuels and systems, equipment, and
materials that reduce overall energy-related costs and energy use by the state,
including investigations into all opportunities to aggregate the purchasing
of clean technologies by state and local governments, and including the
requirement that new passenger vehicles purchased by the state meet the minimum
standards for passenger automobile fuel economy established by the United
States secretary of transportation pursuant to the energy policy and
conservation act (15 U.S.C. Sec. 2002).
Sec.
2. RCW
43.19.570 and 1989 c 113 s 1 are each amended to read as follows:
(1)
The department shall direct and be responsible for the acquisition, operation,
maintenance, storage, repair, and replacement of state motor vehicles under its
control. The department shall utilize state facilities available for the
maintenance, repair, and storage of such motor vehicles, and may provide
directly or by contract for the maintenance, repair, and servicing of all motor
vehicles, and other property related thereto and under its control.
(2)
The department may arrange, by agreement with agencies, for the utilization by
one of the storage, repair, or maintenance facilities of another, with such
provision for charges and credits as may be agreed upon. The department may
acquire and maintain storage, repair, and maintenance facilities for the motor
vehicles under its control from such funds as may be appropriated by the
legislature.
(3)(a)
The legislature finds that a clean environment is important and that global
warming effects may be offset by decreasing the emissions of harmful compounds
from motor vehicles. The legislature further finds that the state is in a
position to set an example of large scale use of alternative fuels in motor
vehicles and other clean technologies.
(b)
The department shall consider the use of state vehicles to conduct field tests
on alternative fuels in areas where air pollution constraints may be eased by
these optional fuels. These fuels should include but are not limited to
gas-powered and electric-powered vehicles.
(c)
For planned purchases of vehicles using alternative fuels, the department and
other state agencies shall explore opportunities to purchase these vehicles
together with the federal government, agencies of other states, other
Washington state agencies, local governments, or private organizations for less
cost. All state agencies must investigate and determine whether or not they
can make clean technologies more cost-effective by combining their purchasing
power before completing a planned vehicle purchase.
Sec.
3. RCW
43.19.637 and 1991 c 199 s 213 are each amended to read as follows:
(1)
At least thirty percent of all new vehicles purchased through a state contract
shall be clean-fuel vehicles.
(2)
The percentage of clean-fuel vehicles purchased through a state contract shall
increase at the rate of five percent each year.
(3)
In meeting the procurement requirement established in this section, preference
shall be given to vehicles designed to operate exclusively on clean fuels. In
the event that vehicles designed to operate exclusively on clean fuels are not
available or would not meet the operational requirements for which a vehicle is
to be procured, conventionally powered vehicles may be converted to clean fuel
or dual fuel use to meet the requirements of this section.
(4)
Fuel purchased through a state contract shall be a clean fuel when the fuel is
purchased for the operation of a clean-fuel vehicle.
(5)(a)
Weight classes are established by the following motor vehicle types:
(i)
Passenger cars;
(ii)
Light duty trucks, trucks with a gross vehicle weight rating by the vehicle
manufacturer of less than eight thousand five hundred pounds;
(iii)
Heavy duty trucks, trucks with a gross vehicle weight rating by the vehicle
manufacturer of eight thousand five hundred pounds or more.
(b)
This subsection does not place an obligation upon the state or its political
subdivisions to purchase vehicles in any number or weight class other than to
meet the percent procurement requirement.
(6)
The provisions for purchasing clean-fuel vehicles under subsections (1) and
(2) of this section are intended as minimum levels. The department should seek
to increase the purchasing levels of clean-fuel vehicles above the minimum.
The department must also investigate all opportunities to aggregate their
purchasing with local governments to determine whether or not they can lower
their costs and make it cost-efficient to increase the percentage of clean-fuel
or high gas mileage vehicles in both the state and local fleets.
(7)
For the purposes of this section, "clean fuels" and "clean-fuel
vehicles" shall be those fuels and vehicles meeting the specifications
provided for in RCW 70.120.210.
NEW
SECTION. Sec. 4. A
new section is added to chapter 39.35B RCW to read as follows:
(1)
The department of general administration, in cooperation with public agencies,
shall investigate opportunities to aggregate the purchase of clean technologies
with other public agencies to determine whether or not combined purchasing can
reduce the unit cost of clean technologies.
(2)
State agencies that are retail electric customers shall investigate
opportunities to aggregate the purchase of electricity produced from generation
resources that are fueled by wind or solar energy for their facilities located
within a single utility's service area, to determine whether or not combined
purchasing can reduce the unit cost of those resources.
(3)
No public agency is required under this section to purchase clean technologies
at prohibitive costs.
(4)(a)
"Electric utility" shall have the same meaning as provided under RCW
19.29A.010.
(b)
"Clean technology" includes, but may not be limited to, alternative
fueled hybrid-electric and fuel cell vehicles, and distributive power
generation.
(c)
"Distributive power generation" means the generation of electricity
from an integrated or stand-alone power plant that generates electricity from
wind energy, solar energy, or fuel cells.
(d)
"Retail electric customer" shall have the same meaning as provided
under RCW 19.29A.010.
(e)
"Facility" means any building owned or leased by a public agency.
NEW
SECTION. Sec. 5. 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 of community, trade, and economic development must include the
following information:
(1)
The percentage of clean-fuel vehicles purchased in 2001 through a state
contract pursuant to RCW 43.19.637; and
(2)
The results of efforts by the department of general administration and other
state agencies to aggregate purchasing of clean technologies.
Sec.
6. RCW
19.29A.090 and 2001 c 214 s 28 are each amended to read as follows:
(1)
Beginning January 1, 2002, each electric utility must provide to its retail
electricity customers a voluntary option to purchase qualified alternative
energy resources in accordance with this section.
(2)
Each electric utility must include with its retail electric customer's regular
billing statements, at least quarterly, a voluntary option to purchase
qualified alternative energy resources. The option may allow customers to
purchase qualified alternative energy resources at fixed or variable rates and
for fixed or variable periods of time, including but not limited to monthly,
quarterly, or annual purchase agreements. A utility may provide qualified
alternative energy resource options through either: (a) Resources it owns or
contracts for; or (b) the purchase of credits issued by a clearinghouse or
other system by which the utility may secure, for trade or other consideration,
verifiable evidence that a second party has a qualified alternative energy
resource and that the second party agrees to transfer such evidence exclusively
to the benefit of the utility.
(3)
For the purposes of this section, a "qualified alternative energy
resource" means the electricity produced from generation facilities that
are fueled by: (a) Wind; (b) solar energy; (c) geothermal energy; (d) landfill
gas; (e) wave or tidal action; (f) gas produced during the treatment of
wastewater; (g) qualified hydropower; or (h) biomass energy based on solid
organic fuels from wood, forest, or field residues, or dedicated energy crops
that do not include wood pieces that have been treated with chemical
preservatives such as creosote, pentachlorophenol, or copper‑chrome‑arsenic.
(4)
For the purposes of this section, "qualified hydropower" means the
energy produced either: (a) As a result of modernizations or upgrades made
after June 1, 1998, to hydropower facilities operating on May 8, 2001, that
have been demonstrated to reduce the mortality of anadromous fish; or (b) by
run of the river or run of the canal hydropower facilities that are not
responsible for obstructing the passage of anadromous fish.
(5)
The rates, terms, conditions, and customer notification of each utility's
option or options offered in accordance with this section must be approved by
the governing body of the consumer-owned utility or by the commission for
investor-owned utilities. All costs and benefits associated with any option
offered by an electric utility under this section must be allocated to the
customers who voluntarily choose that option and may not be shifted to any
customers who have not chosen such option. Utilities may pursue known,
lawful aggregated purchasing of qualified alternative energy resources with
other utilities to the extent aggregated purchasing can reduce the unit cost of
qualified alternative energy resources, and are encouraged to investigate
opportunities to aggregate the purchase of alternative energy resources by
their customers. Aggregated purchases by investor-owned utilities must comply
with any applicable rules or policies adopted by the commission related to
least-cost planning or the acquisition of renewable resources.
(6)
Each consumer-owned utility must report annually to the department and each
investor-owned utility must report annually to the commission beginning October
1, 2002, until October 1, 2012, describing the option or options it is offering
its customers under the requirements of this section, the rate of customer
participation, the amount of qualified alternative energy resources purchased
by customers, ((and)) the amount of utility investments in qualified
alternative energy resources, and the results of pursuing aggregated
purchasing opportunities. The department and the commission together shall
report annually to the legislature, beginning December 1, 2002, until December
1, 2012, with the results of the utility reports.
