BILL REQ. #:  H-5457.1 

READ FIRST TIME 02/07/08.   

     AN ACT Relating to use of high-efficiency lighting in state government; amending RCW 43.19.668 and 43.19.670; 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:

Sec. 1   RCW 43.19.668 and 2001 c 214 s 23 are each amended to read as follows:
     The legislature finds and declares that the buildings, facilities, equipment, and vehicles owned or leased by state government consume significant amounts of energy and that energy conservation actions, including energy management systems, to provide for efficient energy use in these buildings, facilities, equipment, and vehicles will reduce the costs of state government. In order for the operations of state government to provide the citizens of this state an example of energy use efficiency, the legislature further finds and declares that state government should undertake an aggressive program designed to reduce energy use in state buildings, facilities, equipment, and vehicles within a reasonable period of time. The use of appropriate tree plantings for energy conservation is encouraged as part of this program. The use of high-efficiency lighting in facilities owned or leased by state government is also strongly encouraged.

Sec. 2   RCW 43.19.670 and 2001 c 214 s 25 are each amended to read as follows:
     As used in RCW 43.19.670 through 43.19.685, the following terms have the meanings indicated unless the context clearly requires otherwise.
     (1) "Energy audit" means a determination of the energy consumption characteristics of a facility which consists of the following elements:
     (a) An energy consumption survey which identifies the type, amount, and rate of energy consumption of the facility and its major energy systems. This survey shall be made by the agency responsible for the facility.
     (b) A walk-through survey which determines appropriate energy conservation maintenance and operating procedures and indicates the need, if any, for the acquisition and installation of energy conservation measures and energy management systems. This survey shall be made by the agency responsible for the facility if it has technically qualified personnel available. The director of general administration shall provide technically qualified personnel to the responsible agency if necessary.
     (c) An investment grade audit, which is an intensive engineering analysis of energy conservation and management measures for the facility, net energy savings, and a cost-effectiveness determination. This element is required only for those facilities designated in the schedule adopted under RCW 43.19.680(2).
     (2) "Cost-effective energy conservation measures" means energy conservation measures that the investment grade audit concludes will generate savings sufficient to finance project loans of not more than ten years.
     (3) "Energy conservation measure" means an installation or modification of an installation in a facility which is primarily intended to reduce energy consumption or allow the use of an alternative energy source, including:
     (a) Insulation of the facility structure and systems within the facility;
     (b) Storm windows and doors, multiglazed windows and doors, heat absorbing or heat reflective glazed and coated windows and door systems, additional glazing, reductions in glass area, and other window and door system modifications;
     (c) Automatic energy control systems;
     (d) Equipment required to operate variable steam, hydraulic, and ventilating systems adjusted by automatic energy control systems;
     (e) Solar space heating or cooling systems, solar electric generating systems, or any combination thereof;
     (f) Solar water heating systems;
     (g) Furnace or utility plant and distribution system modifications including replacement burners, furnaces, and boilers which substantially increase the energy efficiency of the heating system; devices for modifying flue openings which will increase the energy efficiency of the heating system; electrical or mechanical furnace ignitions systems which replace standing gas pilot lights; and utility plant system conversion measures including conversion of existing oil-and gas-fired boiler installations to alternative energy sources;
     (h) Caulking and weatherstripping;
     (i) Replacement or modification of lighting fixtures which increase the energy efficiency of the lighting system;
     (j) Energy recovery systems;
     (k) Energy management systems; and
     (l) Such other measures as the director finds will save a substantial amount of energy.
     (4) "Energy conservation maintenance and operating procedure" means modification or modifications in the maintenance and operations of a facility, and any installations within the facility, which are designed to reduce energy consumption in the facility and which require no significant expenditure of funds.
     (5) "Energy management system" has the definition contained in RCW 39.35.030.
     (6) "Energy savings performance contracting" means the process authorized by chapter 39.35C RCW by which a company contracts with a state agency to conduct no-cost energy audits, guarantee savings from energy efficiency, provide financing for energy efficiency improvements, install or implement energy efficiency improvements, and agree to be paid for its investment solely from savings resulting from the energy efficiency improvements installed or implemented.
     (7) "Energy service company" means a company or contractor providing energy savings performance contracting services.
     (8) "Facility" means a building, a group of buildings served by a central energy distribution system, or components of a central energy distribution system.
     (9) "Fluorescent lamp" means a gas-discharge lamp that uses a magnetic, electronic, or other ballast and uses electricity to excite mercury vapor in argon or neon gas resulting in a plasma that produces short-wave ultraviolet light that causes a phosphor to fluoresce and produce visible light. "Fluorescent lamp" includes without limitation a compact fluorescent lamp.
     (10) "High-efficiency lighting" means fluorescent lamp or solid-state lighting.
     (11) "Implementation plan" means the annual tasks and budget required to complete all acquisitions and installations necessary to satisfy the recommendations of the energy audit.
     (12) "Solid-state lighting" means a light device that uses light-emitting diodes, organic light-emitting diodes, or polymer light-emitting diodes as sources of illumination rather than electrical filaments or gas.
     (13) "Technically feasible" means the technology is compatible and appropriate for the current appliance and use.

NEW SECTION.  Sec. 3   A new section is added to chapter 43.19 RCW to read as follows:
     (1) Whenever a state agency purchases or requires a bid for the purchase of an indoor lamp, a preference for solid-state lighting shall be exercised if the use of solid-state lighting is technically feasible and the price is competitive with consideration given to the long-term cost-effectiveness and savings of solid-state lighting. If solid-state lighting is not technically feasible or cost-effective for a particular application, then a preference for using a fluorescent lamp shall be exercised if the use of a fluorescent lamp is technically feasible and the price is competitive with consideration given to the long-term cost-effectiveness and savings of fluorescent lamps.
     (2) The goal of state agencies for the percentage of purchased indoor lamps that are high-efficiency lighting shall be one hundred percent by January 1, 2010.
     (3) The department of general administration shall prepare an annual report to the legislature on the state's progress in meeting the goals for the purchase of high-efficiency lighting.

NEW SECTION.  Sec. 4   If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2008, in the omnibus appropriations act, this act is null and void.