ESHB 1950 -
By Committee on Energy, Environment & Telecommunications
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 19.285.030 and 2013 c 158 s 1, 2013 c 99 s 1, and
2013 c 61 s 1 are each reenacted and amended to read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Attorney general" means the Washington state office of the
attorney general.
(2) "Auditor" means: (a) The Washington state auditor's office or
its designee for qualifying utilities under its jurisdiction that are
not investor-owned utilities; or (b) an independent auditor selected by
a qualifying utility that is not under the jurisdiction of the state
auditor and is not an investor-owned utility.
(3)(a) "Biomass energy" includes: (i) Organic by-products of
pulping and the wood manufacturing process; (ii) animal manure; (iii)
solid organic fuels from wood; (iv) forest or field residues; (v)
untreated wooden demolition or construction debris; (vi) food waste and
food processing residuals; (vii) liquors derived from algae; (viii)
dedicated energy crops; and (ix) yard waste.
(b) "Biomass energy" does not include: (i) Wood pieces that have
been treated with chemical preservatives such as creosote,
pentachlorophenol, or copper-chrome-arsenic; (ii) wood from old growth
forests; or (iii) municipal solid waste.
(4) "Coal transition power" has the same meaning as defined in RCW
80.80.010.
(5) "Commission" means the Washington state utilities and
transportation commission.
(6) "Conservation" means any reduction in electric power
consumption resulting from increases in the efficiency of energy use,
production, or distribution.
(7) "Cost-effective" has the same meaning as defined in RCW
80.52.030.
(8) "Council" means the Washington state apprenticeship and
training council within the department of labor and industries.
(9) "Customer" means a person or entity that purchases electricity
for ultimate consumption and not for resale.
(10) "Department" means the department of commerce or its
successor.
(11) "Distributed generation" means an eligible renewable resource
where the generation facility or any integrated cluster of such
facilities has a generating capacity of not more than five megawatts.
(12) "Eligible renewable resource" means:
(a) Electricity from a generation facility powered by a renewable
resource other than freshwater that commences operation after March 31,
1999, where: (i) The facility is located in the Pacific Northwest; or
(ii) the electricity from the facility is delivered into Washington
state on a real-time basis without shaping, storage, or integration
services;
(b) Incremental electricity produced as a result of efficiency
improvements completed after March 31, 1999, to hydroelectric
generation projects owned by a qualifying utility and located in the
Pacific Northwest ((or to hydroelectric generation in irrigation pipes
and canals located in the Pacific Northwest,)) where the additional
generation ((in either case)) does not result in new water diversions
or impoundments;
(c) Hydroelectric generation from a project completed after March
31, 1999, where the generation facility is located in irrigation pipes,
irrigation canals, water pipes whose primary purpose is for conveyance
of water for domestic use, and wastewater pipes located in Washington
where the generation does not result in new water diversions or
impoundments;
(d) Qualified biomass energy; or
(((d))) (e) For a qualifying utility that serves customers in other
states, electricity from a generation facility powered by a renewable
resource other than freshwater that commences operation after March 31,
1999, where: (i) The facility is located within a state in which the
qualifying utility serves retail electrical customers; and (ii) the
qualifying utility owns the facility in whole or in part or has a long-term contract with the facility of at least twelve months or more.
(13) "Investor-owned utility" has the same meaning as defined in
RCW 19.29A.010.
(14) "Load" means the amount of kilowatt-hours of electricity
delivered in the most recently completed year by a qualifying utility
to its Washington retail customers.
(15)(a) "Nonpower attributes" means all environmentally related
characteristics, exclusive of energy, capacity reliability, and other
electrical power service attributes, that are associated with the
generation of electricity from a renewable resource, including but not
limited to the facility's fuel type, geographic location, vintage,
qualification as an eligible renewable resource, and avoided emissions
of pollutants to the air, soil, or water, and avoided emissions of
carbon dioxide and other greenhouse gases.
(b) "Nonpower attributes" does not include any aspects, claims,
characteristics, and benefits associated with the on-site capture and
destruction of methane or other greenhouse gases at a facility through
a digester system, landfill gas collection system, or other mechanism,
which may be separately marketable as greenhouse gas emission reduction
credits, offsets, or similar tradable commodities. However, these
separate avoided emissions may not result in or otherwise have the
effect of attributing greenhouse gas emissions to the electricity.
(16) "Pacific Northwest" has the same meaning as defined for the
Bonneville power administration in section 3 of the Pacific Northwest
electric power planning and conservation act (94 Stat. 2698; 16 U.S.C.
Sec. 839a).
(17) "Public facility" has the same meaning as defined in RCW
39.35C.010.
(18) "Qualified biomass energy" means electricity produced from a
biomass energy facility that: (a) Commenced operation before March 31,
1999; (b) contributes to the qualifying utility's load; and (c) is
owned either by: (i) A qualifying utility; or (ii) an industrial
facility that is directly interconnected with electricity facilities
that are owned by a qualifying utility and capable of carrying
electricity at transmission voltage.
(19) "Qualifying utility" means an electric utility, as the term
"electric utility" is defined in RCW 19.29A.010, that serves more than
twenty-five thousand customers in the state of Washington. The number
of customers served may be based on data reported by a utility in form
861, "annual electric utility report," filed with the energy
information administration, United States department of energy.
(20) "Renewable energy credit" means a tradable certificate of
proof of at least one megawatt-hour of an eligible renewable resource
where the generation facility is not powered by freshwater. The
certificate includes all of the nonpower attributes associated with
that one megawatt-hour of electricity, and the certificate is verified
by a renewable energy credit tracking system selected by the
department.
(21) "Renewable resource" means: (a) Water; (b) wind; (c) solar
energy; (d) geothermal energy; (e) landfill gas; (f) wave, ocean, or
tidal power; (g) gas from sewage treatment facilities; (h) biodiesel
fuel as defined in RCW 82.29A.135 that is not derived from crops raised
on land cleared from old growth or first-growth forests where the
clearing occurred after December 7, 2006; or (i) biomass energy.
(22) "Rule" means rules adopted by an agency or other entity of
Washington state government to carry out the intent and purposes of
this chapter.
(23) "Year" means the twelve-month period commencing January 1st
and ending December 31st."
ESHB 1950 -
By Committee on Energy, Environment & Telecommunications
On page 1, beginning on line 1 of the title, after "Relating to" strike the remainder of the title and insert "designating certain hydroelectric generation from a generation facility located in irrigation canals and certain pipes as an eligible renewable resource under chapter 19.285 RCW; and reenacting and amending RCW 19.285.030."
EFFECT: Updates the underlying statute to reflect changes made during the 2013 legislative session. Changes the title.