BILL REQ. #:  H-0425.2 

Read first time 01/29/2003.   Referred to Committee on Technology, Telecommunications & Energy.

     AN ACT Relating to an energy resource portfolio standard; reenacting and amending RCW 42.17.310; and adding a new chapter to Title 80 RCW.

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

NEW SECTION.  Sec. 1   The legislature finds that:
     (1) The western energy crisis of 2000-2001 demonstrated the vulnerability of an energy system heavily reliant on hydropower resources and impacted by volatile gas prices;
     (2) Washington electric ratepayers will benefit from resource planning and acquisition that hedges against future fuel price risk by ensuring that utilities rely on a diverse portfolio of resources to generate electricity;
     (3) Renewable and efficiency resources provide local economic development opportunities and local jobs in Washington;
     (4) Washington is blessed with an abundance of local renewable energy resources;
     (5) Washington has a long tradition of energy policies that support energy efficiency and renewable energy development. These policies have stimulated economic development, reduced operating costs for businesses, made industries more competitive, made homes more comfortable and efficient, reduced the energy burden of low-income households, and protected the environment;
     (6) Encouraging irrigators to increase the efficiency of their pumping operations will yield substantial benefits by reducing peak demands of both electricity and water supplies, improving farm economics, and maximizing use of water resources;
     (7) The Washington state electricity system study, commissioned by the fifty-fifth legislature through chapter 300, Laws of 1998, confirmed that changes in the electric industry have had the unintended consequence of shortening utility planning horizons and reducing incentives for electric utilities to invest in energy conservation and new renewable energy resources;
     (8) The study also found that there are significant energy conservation resources that cost the same or less than the least costly new electric generation options, and that while some nonhydroelectric renewable resources may not be cost-effective in the short term, they provide significant energy system and environmental benefits to warrant development;
     (9) The study also found that investment in low-income energy services is declining and unstable, although the percent of Washington's population below the poverty level has increased and low-income households pay a significantly higher percent of their incomes for energy than nonlow-income households; and
     (10) Fuel diversity, economic, and environmental benefits from renewable energy and efficiency resources accrue to the public at large, and therefore all consumers and retail suppliers have an equal obligation to support a minimum amount of these resources in the state's electric resource portfolio.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Auditor" means the office of the state auditor.
     (2) "Commission" means the Washington state utilities and transportation commission.
     (3) "Conservation" means any reduction in electric power consumption as a result of increases in the efficiency of energy use, production, or distribution.
     (4) "Consumer-owned utility" includes a municipal electric utility formed under Title 35 RCW, a public utility district formed under Title 54 RCW, an irrigation district formed under chapter 87.03 RCW, a cooperative formed under chapter 23.86 RCW, a mutual corporation or association formed under chapter 24.06 RCW, a port district formed under Title 53 RCW, or a water-sewer district formed under Title 57 RCW, that is engaged in the business of distributing electricity to one or more retail electric customers in the state.
     (5) "Cost-effective" has the same meaning as in RCW 80.52.030.
     (6) "Department" means the department of community, trade, and economic development.
     (7) "Direct service customer" means any end-user of electricity that obtains electricity directly from the transmission grid and not through a distribution utility, including those customers defined in section 3(8) of the Pacific Northwest electric power planning and conservation act, P.L. 96-501.
     (8) "Distributed generation" means an electricity generation system that has a generating capacity of not more than twenty-five kilowatts, that uses as its fuel a renewable resource, and that is available on-site and not from a commercial source.
     (9) "Electric utility" means a consumer-owned or investor-owned utility.
     (10) "Eligible net-metered generation" means an electricity generation system that meets the criteria of a net metering system as defined in RCW 80.60.010 and uses as its fuel an eligible renewable resource.
     (11) "Eligible renewable resources" means:
     (a) Electricity generation facilities powered by a renewable resource other than water that commenced operation between April 1, 1999, and April 1, 2002, and that are used to serve Washington retail electricity customers;
     (b) Additions made to electricity generation facilities powered by a renewable resource other than water, that commenced operation between April 1, 1999, and April 1, 2002, where electricity generated from the renewable resource is used to serve Washington retail electricity customers;
     (c) Electricity generation facilities powered by a renewable resource other than water that are contracted between April 1, 1999, and April 1, 2002, for delivery to Washington retail electricity customers;
     (d) Electricity generation facilities powered by a renewable resource other than water that commence operation after April 1, 2002, and any subsequent additions to those facilities, that are located in the Pacific Northwest;
     (e) Additional power generation achieved, above original design specifications, at hydroelectric facilities operating on April 1, 1999, that are located in the Pacific Northwest, where that additional generation results from upgrades or improvements made after April 1, 1999, and does not result in any new water diversions; or
     (f) Additions to hydroelectric generating capacity operating on April 1, 1999, in irrigation pipes and canals that are located in the Pacific Northwest.
     (12) "Governing body" means the board of directors, city council, commissioners, or board of any consumer-owned utility.
     (13) "Investor-owned utility" means a corporation owned by investors that meets the definition in RCW 80.04.010 and is engaged in distributing electricity to more than one retail electric customer in the state.
     (14) "Low income" means a household meeting the income eligibility guidelines determined by the department.
     (15) "Low-income energy efficiency services" include energy-related repairs, weatherization, health and safety measures, installation of energy-efficient appliances and fixtures for low-income residences, and investment in new construction of low-income households that exceed the state energy code, as well as energy education, for the purpose of enhancing energy efficiency.
     (16) "Market customer" means a nonresidential electricity customer in Washington that, after April 4, 2001, does not purchase its electricity as a retail customer of an electric utility.
     (17) "Pacific Northwest" has the same meaning as defined in section 3 of the Pacific Northwest electric power planning and conservation act, P.L. 96-501 (16 U.S.C. Sec. 389a; 94 Stat. 2698).
     (18) "Renewable energy credit" means a tradable certificate of proof of one kilowatt-hour of electricity generated from an eligible renewable resource.
     (19) "Renewable resources" means electricity generation facilities fueled by: (a) Water; (b) wind; (c) solar energy; (d) geothermal energy; (e) landfill gas; (f) biomass energy based on animal waste or 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; (g) wave or tidal power; or (h) gas from sewage treatment facilities.
     (20) "Retail load" means the amount of kilowatt-hours of electricity delivered by an electric utility to its Washington retail customers.
     (21) "Small utility" means a small utility as defined in RCW 19.29A.010.

NEW SECTION.  Sec. 3   (1) The following energy efficiency standard is established:
     (a) Beginning January 1, 2005, and each year thereafter through December 31, 2009, each electric utility shall on average annually acquire electricity savings directly attributable to conservation programs serving its Washington retail customers sufficient to meet an amount equal to seventy-five one-hundredths of one percent of the utility's 2004 retail load. By December 31, 2009, the electricity savings acquired from the conservation programs implemented during the preceding five-year period must meet at least three and seventy-five one-hundredths of one percent of the utility's 2004 retail load.
     (b) Beginning January 1, 2010, and each year thereafter through December 31, 2012, each electric utility shall on average annually acquire electricity savings directly attributable to conservation programs serving its Washington retail customers sufficient to meet an amount equal to eighty-five one-hundredths of one percent of the utility's 2009 retail load. By December 31, 2012, the electricity savings acquired from the conservation programs implemented during the preceding three-year period will meet at least two and fifty-five one-hundredths of one percent of the utility's 2009 retail load.
     (c) Each electric utility shall continue to comply with the standard established in subsection (1)(b) of this section for each subsequent three-year period. The amount of conservation the utility needs to acquire to meet the standard will be based on that utility's retail load for the calendar year immediately preceding each three-year period.
     (2) Nothing in this chapter limits electric utilities from exceeding the energy efficiency standard.
     (3) An electric utility shall meet at least five percent of its annual energy efficiency standard requirement with low-income energy efficiency services, unless it can demonstrate to the commission in the case of an investor-owned utility or the auditor in the case of a consumer-owned utility that sufficient opportunities at cost do not exist within its service territory for conserving energy in low-income households.
     (4) In meeting the energy efficiency standard, an electric utility may count conservation even if it also receives credit or funding for that conservation from the Bonneville power administration's conservation and renewables discount program or conservation augmentation program.
     (5) An electric utility contributing to the northwest energy efficiency alliance on its own or through its Bonneville power administration rates may be credited for its share of annual accrued energy savings as determined by the northwest energy efficiency alliance. That credit shall not exceed twenty percent of the utility's annual energy efficiency standard requirement.
     (6) An electric utility may acquire up to fifteen percent of the energy savings to meet the annual energy efficiency standard using high-efficiency cogeneration. The energy savings resulting from the use of high-efficiency cogeneration are calculated as the difference in energy used by the high-efficiency cogeneration unit and the energy used by equivalent stand-alone thermal and electricity generation processes.
     (7) Each electric utility shall use practices generally accepted in the Pacific Northwest to measure accrued savings from conservation, including monitoring and verification of those savings.
     (8) Each electric utility shall pursue energy conservation opportunities in each customer class to achieve savings that are not independently captured by consumer acquisition and that are economically feasible for consumers, taking into account incentives provided by the utility. The portfolio of energy conservation programs used to meet the efficiency standard must be cost-effective. A conservation program implemented by an investor-owned utility is cost-effective if it passes the total resource cost test as defined by the commission.
     (9) If an electric utility can demonstrate to the commission in the case of an investor-owned utility or the auditor in the case of a consumer-owned utility that it is unable to meet the energy efficiency standard created in this section due to a lack of sufficient opportunities for acquiring conservation, that utility can petition to the commission or auditor, as appropriate, to meet a lesser standard.
     (10) The provisions of this section do not apply to a small utility. However, nothing in this chapter prohibits the governing body of a small utility from determining the utility should comply with any or all of the provisions of this chapter, which governing bodies are encouraged to do. At any time after this energy efficiency standard is enacted, if a utility no longer meets the definition of a small utility, that utility will be required to meet the provisions of this chapter.

NEW SECTION.  Sec. 4   (1) The following renewable energy standard is established:
     (a) By January 1, 2010, and each year thereafter through December 31, 2014, each electric utility shall use eligible renewable resources or acquire equivalent renewable energy credits to serve at least five percent of its annual retail load.
     (b) By January 1, 2015, and each year thereafter through December 31, 2022, each electric utility shall use eligible renewable resources or acquire equivalent renewable energy credits to serve at least ten percent of its annual retail load.
     (c) By January 1, 2023, and each year thereafter, each electric utility shall use eligible renewable resources or acquire equivalent renewable energy credits to serve at least fifteen percent of its annual retail load.
     (2) Nothing in this chapter limits electric utilities from exceeding this renewable energy standard.
     (3) In meeting this renewable energy standard, an electric utility may count eligible renewable resources even if it also receives credit or funding from the Bonneville power administration's conservation and renewables discount program or conservation augmentation program for those resources.
     (4) In meeting this renewable energy standard, a consumer-owned utility that is a customer of the Bonneville power administration can count that portion of its load served by eligible renewable resources that are part of the Bonneville power administration's system mix. A utility also can receive credit toward meeting this standard for the portion of environmentally preferred power it purchases from the Bonneville power administration that meets the definition of an eligible renewable resource.
     (5) An electric utility that offers an optional pricing program that charges a higher rate for electricity generated from renewable energy resources shall not include the renewable energy generated under such a program as eligible renewable energy in its compliance with this renewable energy standard.
     (6) If an electric utility has insufficient resources, contracts, or credits to meet the renewable standard, it can meet its remaining obligation by making an alternative compliance payment equal to forty-five dollars per megawatt-hour that it is short of its goal, which will then be used to purchase renewable energy credits for state facilities.
     (7) The provisions of this section do not apply to a small utility. However, nothing in this chapter prohibits the governing body of a small utility from determining the utility should comply with any of the provisions of this chapter, which governing bodies are encouraged to do. At any time after this renewable energy standard is enacted, if a utility no longer meets the definition of a small utility, that utility will be required to meet the provisions of this chapter.

NEW SECTION.  Sec. 5   (1) Each direct service customer and market customer shall meet the energy efficiency standard established in section 3 of this act within its facilities through conservation or by reducing the quantity of energy required to sustain a given level of energy service or industrial production, or both.
     (2) Each direct service customer and market customer shall meet the renewable energy standard established in section 4 of this act by acquiring eligible renewable energy resources or equivalent renewable energy credits to serve its facilities.
     (3) A market customer shall meet the efficiency and renewable energy standards established in this chapter for that portion of its electricity needs not met through being a retail customer of an electric utility.
     (4) Nothing in this chapter limits a direct service customer or a market customer from exceeding the energy efficiency and renewable energy standards.
     (5) To determine the amount of conservation and eligible renewable resources needed to meet the standards:
     (a) Each direct service customer shall either rely on consumption data from the 1994 report "Generation and Sales Statistics from the Bonneville Power Administration" or provide documentation to the department showing consumption data for the most recent calendar year. If a direct service customer chooses to provide consumption data to the department, from that time forward, the customer may no longer rely on 1994 data. Documentation provided to the department is considered proprietary information and is not subject to chapter 42.17 RCW. The department may report such information only in the aggregate for all direct service customers in the state; and
     (b) Each market customer shall rely on consumption data for the most recent calendar year for the portion of its electricity needs not met through being a retail customer of an electric utility. The customer shall report this data to the department annually. The department may request metered data from the utility providing electricity distribution services to the customer to verify the consumption data. Documentation provided to the department is considered proprietary information and is not subject to chapter 42.17 RCW. The department may report such information only in the aggregate for all such customers in the state.
     (6) Each direct service customer and market customer will secure an independent audit to verify electricity savings from conservation installed in its facilities.
     (7) If a direct service customer or market customer can demonstrate to the department through an independent audit that it is unable to meet the energy efficiency standard created in section 3 of this act due to a lack of sufficient opportunities for acquiring conservation or reducing the quantity of energy required to sustain a given level of energy service or industrial production, that customer can petition to the department to meet a lesser standard.

NEW SECTION.  Sec. 6   (1) An electric utility may count eligible net-metered generation towards meeting both the renewable energy and energy efficiency standards if the utility through contract with the customer has purchased the renewable energy credits of the net-metered facility.
     (2) Direct service customers and market customers may count distributed generation towards meeting both the renewable energy and energy efficiency standards for the amount of electricity produced annually from that distributed generation system that is used to serve the customer's electricity needs.
     (3) An electric utility, direct service customer, or market customer may receive credit towards meeting the energy efficiency or renewable energy standards for resources when the utility, direct service customer, or market customer also receives credit or funding for those same resources under an efficiency or renewable standard established by federal legislation. However, an electric utility, direct service customer, or market customer may not receive credit towards meeting the energy efficiency or renewable energy standards for resources when the utility, direct service customer, or market customer also receives credit or funding for those same resources under an efficiency or renewable standard established by legislation in another state.
     (4) The department must convene a group of stakeholders, including the commission, to advise it on the following:
     (a) Development of criteria for cost-effective conservation that qualifies toward the energy efficiency standard and program implementation guidelines, including verification and monitoring of savings. The department will consider all existing and appropriate criteria and guidelines where applicable, and may rely on work of regional power planning committees in determining criteria and guidelines;
     (b) Development of a definition of high-efficiency cogeneration that accounts for technological improvements over time;
     (c) Establishment of annual goals for acquisition of eligible renewable resources;
     (d) Establishment of a new or selection of an existing system of renewable energy credits that may be used to comply with section 4 of this act. The department will consider all existing and appropriate systems and organizations that facilitate renewable energy credit trading westernwide or nationally;
     (e) Determination of the appropriate entity to purchase renewable energy credits for state facilities if a utility uses the renewable standard alternative compliance path established in section 4(6) of this act; and
     (f) Development of an appropriate implementation schedule for the provisions of this chapter for any utility that no longer meets the definition of a small utility after the effective date of this act.
     (6) By June 30, 2004, the department must adopt rules governing the issues listed in subsection (4) of this section.
     (7) The commission has the final authority to approve criteria, program implementation guidelines, and goals for the investor-owned utilities. In determining whether costs associated with procuring resources in accordance with this chapter are prudently incurred by an investor-owned utility and should be recovered in rates, the commission shall apply the same principles it uses in determining prudency and cost recovery for other electricity resources used to serve customers in the state of Washington.

NEW SECTION.  Sec. 7   (1) On or before June 1, 2007, each electric utility, direct service customer, and market customer must demonstrate progress in meeting the efficiency and renewable standards in this chapter. Investor-owned utilities will report to the commission, consumer-owned utilities will report to the auditor, and direct service customers and market customers will report to the department.
     (2) On or before June 1, 2010, and annually thereafter, each electric utility, direct service customer, and market customer must demonstrate compliance with the efficiency and renewable standards in this chapter, for the annual period ending the previous December 31st. Each investor-owned utility will demonstrate compliance to the commission and each consumer-owned utility will demonstrate compliance to the auditor or by independent audit. The auditor and commission will share this information with the department. Each direct service customer and market customer will demonstrate compliance to the department.
     (3) Each report must include at least the following: The amount of electricity generated or acquired from eligible renewable resources; the amount of renewable energy credits acquired, sold, or traded; the amount of funds provided through the renewable standard alternative compliance payment; the annual retail load for an electric utility or the annual electricity consumption data for a direct service customer or market customer; and the amount of conservation annually acquired.

NEW SECTION.  Sec. 8   (1) On or before December 1, 2010, and biennially thereafter, the department and commission shall submit a report to the legislature on the accomplishments of the efficiency and renewable standards created in this chapter, including unachieved cost-effective conservation opportunities, and make recommendations for revisions to the standards. The commission may initiate rule-making proceedings based on the results of these reports to modify requirements imposed on investor-owned utilities.
     (2) On or before January 1, 2016, the department shall review and recommend to the legislature continuation or modification of the efficiency and renewable standards based on assessments of the effectiveness of the standards, market conditions, and unachieved opportunities.

NEW SECTION.  Sec. 9   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 10   Sections 1 through 9 of this act constitute a new chapter in Title 80 RCW.

Sec. 11   RCW 42.17.310 and 2002 c 335 s 1, 2002 c 224 s 2, 2002 c 205 s 4, and 2002 c 172 s 1 are each reenacted and amended to read as follows:
     (1) The following are exempt from public inspection and copying:
     (a) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients.
     (b) Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy.
     (c) Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would (i) be prohibited to such persons by RCW 84.08.210, 82.32.330, 84.40.020, or 84.40.340 or (ii) violate the taxpayer's right to privacy or result in unfair competitive disadvantage to the taxpayer.
     (d) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy.
     (e) Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies, other than the public disclosure commission, if disclosure would endanger any person's life, physical safety, or property. If at the time a complaint is filed the complainant, victim or witness indicates a desire for disclosure or nondisclosure, such desire shall govern. However, all complaints filed with the public disclosure commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath.
     (f) Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination.
     (g) Except as provided by chapter 8.26 RCW, the contents of real estate appraisals, made for or by any agency relative to the acquisition or sale of property, until the project or prospective sale is abandoned or until such time as all of the property has been acquired or the property to which the sale appraisal relates is sold, but in no event shall disclosure be denied for more than three years after the appraisal.
     (h) Valuable formulae, designs, drawings, computer source code or object code, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss.
     (i) Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended except that a specific record shall not be exempt when publicly cited by an agency in connection with any agency action.
     (j) Records which are relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts.
     (k) Records, maps, or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites.
     (l) Any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, which discloses or could be used to disclose the identity of a library user.
     (m) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (i) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (ii) highway construction or improvement as required by RCW 47.28.070.
     (n) Railroad company contracts filed prior to July 28, 1991, with the utilities and transportation commission under RCW 81.34.070, except that the summaries of the contracts are open to public inspection and copying as otherwise provided by this chapter.
     (o) Financial and commercial information and records supplied by private persons pertaining to export services provided pursuant to chapter 43.163 RCW and chapter 53.31 RCW, and by persons pertaining to export projects pursuant to RCW 43.23.035.
     (p) Financial disclosures filed by private vocational schools under chapters 28B.85 and 28C.10 RCW.
     (q) Records filed with the utilities and transportation commission or attorney general under RCW 80.04.095 that a court has determined are confidential under RCW 80.04.095.
     (r) Financial and commercial information and records supplied by businesses or individuals during application for loans or program services provided by chapters 43.163, 43.160, 43.330, and 43.168 RCW, or during application for economic development loans or program services provided by any local agency.
     (s) Membership lists or lists of members or owners of interests of units in timeshare projects, subdivisions, camping resorts, condominiums, land developments, or common-interest communities affiliated with such projects, regulated by the department of licensing, in the files or possession of the department.
     (t) All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant.
     (u) The residential addresses or residential telephone numbers of employees or volunteers of a public agency which are held by any public agency in personnel records, public employment related records, or volunteer rosters, or are included in any mailing list of employees or volunteers of any public agency.
     (v) The residential addresses and residential telephone numbers of the customers of a public utility contained in the records or lists held by the public utility of which they are customers, except that this information may be released to the division of child support or the agency or firm providing child support enforcement for another state under Title IV-D of the federal social security act, for the establishment, enforcement, or modification of a support order.
     (w)(i) The federal social security number of individuals governed under chapter 18.130 RCW maintained in the files of the department of health, except this exemption does not apply to requests made directly to the department from federal, state, and local agencies of government, and national and state licensing, credentialing, investigatory, disciplinary, and examination organizations; (ii) the current residential address and current residential telephone number of a health care provider governed under chapter 18.130 RCW maintained in the files of the department, if the provider requests that this information be withheld from public inspection and copying, and provides to the department an accurate alternate or business address and business telephone number. On or after January 1, 1995, the current residential address and residential telephone number of a health care provider governed under RCW 18.130.040 maintained in the files of the department shall automatically be withheld from public inspection and copying unless the provider specifically requests the information be released, and except as provided for under RCW 42.17.260(9).
     (x) Information obtained by the board of pharmacy as provided in RCW 69.45.090.
     (y) Information obtained by the board of pharmacy or the department of health and its representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420.
     (z) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter 31.24 RCW.
     (aa) Financial and commercial information supplied to the state investment board by any person when the information relates to the investment of public trust or retirement funds and when disclosure would result in loss to such funds or in private loss to the providers of this information.
     (bb) Financial and valuable trade information under RCW 51.36.120.
     (cc) Client records maintained by an agency that is a domestic violence program as defined in RCW 70.123.020 or 70.123.075 or a rape crisis center as defined in RCW 70.125.030.
     (dd) Information that identifies a person who, while an agency employee: (i) Seeks advice, under an informal process established by the employing agency, in order to ascertain his or her rights in connection with a possible unfair practice under chapter 49.60 RCW against the person; and (ii) requests his or her identity or any identifying information not be disclosed.
     (ee) Investigative records compiled by an employing agency conducting a current investigation of a possible unfair practice under chapter 49.60 RCW or of a possible violation of other federal, state, or local laws prohibiting discrimination in employment.
     (ff) Business related information protected from public inspection and copying under RCW 15.86.110.
     (gg) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the clean Washington center in applications for, or delivery of, program services under chapter 70.95H RCW.
     (hh) Information and documents created specifically for, and collected and maintained by a quality improvement committee pursuant to RCW 43.70.510 or 70.41.200, or by a peer review committee under RCW 4.24.250, regardless of which agency is in possession of the information and documents.
     (ii) Personal information in files maintained in a data base created under RCW 43.07.360.
     (jj) Financial and commercial information requested by the public stadium authority from any person or organization that leases or uses the stadium and exhibition center as defined in RCW 36.102.010.
     (kk) Names of individuals residing in emergency or transitional housing that are furnished to the department of revenue or a county assessor in order to substantiate a claim for property tax exemption under RCW 84.36.043.
     (ll) The names, residential addresses, residential telephone numbers, and other individually identifiable records held by an agency in relation to a vanpool, carpool, or other ride-sharing program or service. However, these records may be disclosed to other persons who apply for ride-matching services and who need that information in order to identify potential riders or drivers with whom to share rides.
     (mm) The personally identifying information of current or former participants or applicants in a paratransit or other transit service operated for the benefit of persons with disabilities or elderly persons.
     (nn) The personally identifying information of persons who acquire and use transit passes and other fare payment media including, but not limited to, stored value smart cards and magnetic strip cards, except that an agency may disclose this information to a person, employer, educational institution, or other entity that is responsible, in whole or in part, for payment of the cost of acquiring or using a transit pass or other fare payment media, or to the news media when reporting on public transportation or public safety. This information may also be disclosed at the agency's discretion to governmental agencies or groups concerned with public transportation or public safety.
     (oo) Proprietary financial and commercial information that the submitting entity, with review by the department of health, specifically identifies at the time it is submitted and that is provided to or obtained by the department of health in connection with an application for, or the supervision of, an antitrust exemption sought by the submitting entity under RCW 43.72.310. If a request for such information is received, the submitting entity must be notified of the request. Within ten business days of receipt of the notice, the submitting entity shall provide a written statement of the continuing need for confidentiality, which shall be provided to the requester. Upon receipt of such notice, the department of health shall continue to treat information designated under this section as exempt from disclosure. If the requester initiates an action to compel disclosure under this chapter, the submitting entity must be joined as a party to demonstrate the continuing need for confidentiality.
     (pp) Records maintained by the board of industrial insurance appeals that are related to appeals of crime victims' compensation claims filed with the board under RCW 7.68.110.
     (qq) Financial and commercial information supplied by or on behalf of a person, firm, corporation, or entity under chapter 28B.95 RCW relating to the purchase or sale of tuition units and contracts for the purchase of multiple tuition units.
     (rr) Any records of investigative reports prepared by any state, county, municipal, or other law enforcement agency pertaining to sex offenses contained in chapter 9A.44 RCW or sexually violent offenses as defined in RCW 71.09.020, which have been transferred to the Washington association of sheriffs and police chiefs for permanent electronic retention and retrieval pursuant to RCW 40.14.070(2)(b).
     (ss) Credit card numbers, debit card numbers, electronic check numbers, card expiration dates, or bank or other financial account numbers supplied to an agency for the purpose of electronic transfer of funds, except when disclosure is expressly required by law.
     (tt) Financial information, including but not limited to account numbers and values, and other identification numbers supplied by or on behalf of a person, firm, corporation, limited liability company, partnership, or other entity related to an application for a liquor license, gambling license, or lottery retail license.
     (uu) Records maintained by the employment security department and subject to chapter 50.13 RCW if provided to another individual or organization for operational, research, or evaluation purposes.
     (vv) Individually identifiable information received by the work force training and education coordinating board for research or evaluation purposes.
     (ww) Those portions of records assembled, prepared, or maintained to prevent, mitigate, or respond to criminal terrorist acts, which are acts that significantly disrupt the conduct of government or of the general civilian population of the state or the United States and that manifest an extreme indifference to human life, the public disclosure of which would have a substantial likelihood of threatening public safety, consisting of:
     (i) Specific and unique vulnerability assessments or specific and unique response or deployment plans, including compiled underlying data collected in preparation of or essential to the assessments, or to the response or deployment plans; and
     (ii) Records not subject to public disclosure under federal law that are shared by federal or international agencies, and information prepared from national security briefings provided to state or local government officials related to domestic preparedness for acts of terrorism.
     (xx) Commercial fishing catch data from logbooks required to be provided to the department of fish and wildlife under RCW 77.12.047, when the data identifies specific catch location, timing, or methodology and the release of which would result in unfair competitive disadvantage to the commercial fisher providing the catch data. However, this information may be released to government agencies concerned with the management of fish and wildlife resources.
     (yy) Sensitive wildlife data obtained by the department of fish and wildlife. However, sensitive wildlife data may be released to government agencies concerned with the management of fish and wildlife resources. Sensitive wildlife data includes:
     (i) The nesting sites or specific locations of endangered species designated under RCW 77.12.020, or threatened or sensitive species classified by rule of the department of fish and wildlife;
     (ii) Radio frequencies used in, or locational data generated by, telemetry studies; or
     (iii) Other location data that could compromise the viability of a specific fish or wildlife population, and where at least one of the following criteria are met:
     (A) The species has a known commercial or black market value;
     (B) There is a history of malicious take of that species; or
     (C) There is a known demand to visit, take, or disturb, and the species behavior or ecology renders it especially vulnerable or the species has an extremely limited distribution and concentration.
     (zz) The personally identifying information of persons who acquire recreational licenses under RCW 77.32.010 or commercial licenses under chapter 77.65 or 77.70 RCW, except name, address of contact used by the department, and type of license, endorsement, or tag. However, the department of fish and wildlife may disclose personally identifying information to:
     (i) Government agencies concerned with the management of fish and wildlife resources;
     (ii) The department of social and health services, child support division, and to the department of licensing in order to implement RCW 77.32.014 and 46.20.291; and
     (iii) Law enforcement agencies for the purpose of firearm possession enforcement under RCW 9.41.040.
     (aaa)(i) Discharge papers of a veteran of the armed forces of the United States filed at the office of the county auditor before July 1, 2002, that have not been commingled with other recorded documents. These records will be available only to the veteran, the veteran's next of kin, a deceased veteran's properly appointed personal representative or executor, a person holding that veteran's general power of attorney, or to anyone else designated in writing by that veteran to receive the records.
     (ii) Discharge papers of a veteran of the armed forces of the United States filed at the office of the county auditor before July 1, 2002, that have been commingled with other records, if the veteran has recorded a "request for exemption from public disclosure of discharge papers" with the county auditor. If such a request has been recorded, these records may be released only to the veteran filing the papers, the veteran's next of kin, a deceased veteran's properly appointed personal representative or executor, a person holding the veteran's general power of attorney, or anyone else designated in writing by the veteran to receive the records.
     (iii) Discharge papers of a veteran filed at the office of the county auditor after June 30, 2002, are not public records, but will be available only to the veteran, the veteran's next of kin, a deceased veteran's properly appointed personal representative or executor, a person holding the veteran's general power of attorney, or anyone else designated in writing by the veteran to receive the records.
     (iv) For the purposes of this subsection (1)(aaa), next of kin of deceased veterans have the same rights to full access to the record. Next of kin are the veteran's widow or widower who has not remarried, son, daughter, father, mother, brother, and sister.
     (bbb) Those portions of records containing specific and unique vulnerability assessments or specific and unique emergency and escape response plans at a city, county, or state adult or juvenile correctional facility, the public disclosure of which would have a substantial likelihood of threatening the security of a city, county, or state adult or juvenile correctional facility or any individual's safety.
     (ccc) Information compiled by school districts or schools in the development of their comprehensive safe school plans pursuant to RCW 28A.320.125, to the extent that they identify specific vulnerabilities of school districts and each individual school.
     (ddd) Information regarding the infrastructure and security of computer and telecommunications networks, consisting of security passwords, security access codes and programs, access codes for secure software applications, security and service recovery plans, security risk assessments, and security test results to the extent that they identify specific system vulnerabilities.
     (eee) Documentation collected by the department of community, trade, and economic development under section 5(5) of this act from direct service customers and market customers.
     (2) Except for information described in subsection (1)(c)(i) of this section and confidential income data exempted from public inspection pursuant to RCW 84.40.020, the exemptions of this section are inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought. No exemption may be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons.
     (3) Inspection or copying of any specific records exempt under the provisions of this section may be permitted if the superior court in the county in which the record is maintained finds, after a hearing with notice thereof to every person in interest and the agency, that the exemption of such records is clearly unnecessary to protect any individual's right of privacy or any vital governmental function.
     (4) Agency responses refusing, in whole or in part, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld.