BILL REQ. #:  H-1544.1 

Read first time 02/01/2007.   Referred to Committee on Technology, Energy & Communications.

     AN ACT Relating to authorizing utilities to engage in environmental mitigation efforts; adding a new section to chapter 35.92 RCW; adding a new section to chapter 54.04 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds and declares that offset contracts and other greenhouse gas mitigation efforts are a recognized utility purpose that confers a direct benefit on the utility's ratepayers. The legislature declares that this act is intended to reverse the result of Okeson v. City of Seattle (2007) by expressly granting municipal-owned utilities and public utility districts the statutory authority to engage in mitigation activities to offset their utility's impact on the environment.

NEW SECTION.  Sec. 2   A new section is added to chapter 35.92 RCW to read as follows:
     (1) A city or town authorized to acquire and operate utilities for the purpose of furnishing the city or town and its inhabitants and other persons with electricity for lighting and other purposes may develop and make publicly available a plan for the utility to achieve no-net emissions from all sources of greenhouse gases it owns, leases, uses, contracts for, or otherwise controls.
     (2) A city or town authorized to acquire and operate utilities for the purpose of furnishing the city or town and its inhabitants and other persons with electricity for lighting and other purposes may, as part of its utility operation, mitigate the environmental impacts of its operation and any power purchases, such as greenhouse gas emissions. The mitigation may include all greenhouse mitigation mechanisms recognized by independent, qualified organizations with proven experience in emissions mitigation activities. Mitigation mechanisms may include the purchase of carbon offsets. Any carbon offset purchased after the effective date of this section must be recognized by any greenhouse gas registry developed by the state.

NEW SECTION.  Sec. 3   A new section is added to chapter 54.04 RCW to read as follows:
     (1) A public utility district may develop and make publicly available a plan for the district to achieve no-net emissions from all sources of greenhouse gases it owns, leases, uses, contracts for, or otherwise controls.
     (2) A public utility district may, as part of its utility operation, mitigate the environmental impacts of its operation and any power purchases, such as greenhouse gas emissions. The mitigation may include all greenhouse mitigation mechanisms recognized by independent, qualified organizations with proven experience in emissions mitigation activities. Mitigation mechanisms may include the purchase of carbon offsets. Any carbon offset purchased after the effective date of this section must be recognized by any greenhouse gas registry developed by the state.