WSR 00-08-039

PERMANENT RULES

DEPARTMENT OF

GENERAL ADMINISTRATION

[ Filed March 29, 2000, 3:15 p.m. ]

Date of Adoption: March 29, 2000.

Purpose: To delete all reference to the Washington State Energy Office and replace with the Department of General Administration, the agency directed to administer the activities of the energy efficiency services account program.

Citation of Existing Rules Affected by this Order: Repealing WAC 194-20-020(5), 194-20-060 and 194-20-070; and amending WAC 194-20-010, 194-20-020 (1)-(4), (6), (7), 194-20-030, 194-20-040, 194-20-050, and 194-20-080.

Statutory Authority for Adoption: Chapter 39.35C RCW.

Adopted under notice filed as WSR 99-19-076 on September 16, 1999.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 11, Repealed 3.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

March 29, 2000

John W. Lynch

Assistant Director

GA E & AS

OTS-3227.2


AMENDATORY SECTION(Amending WSR 92-01-120, filed 12/19/91, effective 1/19/92)

WAC 194-20-010
Purpose.

This chapter implements the provisions of section ((12)) 415 and related sections of chapter ((201)) 186, Laws of ((1991)) 1996, establishing criteria and procedures for setting a fee schedule, establishing working capital requirements, and receiving funds for the energy efficiency services account.

[Statutory Authority: RCW 43.21F.045(12) and 1991 c 201 12. 92-01-120, 194-20-010, filed 12/19/91, effective 1/19/92.]


AMENDATORY SECTION(Amending WSR 92-01-120, filed 12/19/91, effective 1/19/92)

WAC 194-20-020
Definitions.

(1) (("WSEO")) "Department" means the ((Washington state energy office)) state department of general administration.

(2) "Energy ((partnerships)) services" means the energy efficiency program that emerges from chapter ((201)) 186, Laws of ((1991)) 1996, the mission of which is the fulfillment of the requirements of that legislation: To achieve cost-effective conservation improvements in state and school district facilities and to investigate and, if appropriate, to pursue development of cost-effective cogeneration in existing ((and/)) or new state facilities.

(3) "Energy life cycle cost analysis (((LCCA))) (ELCCA)" means the method of economic analysis which accounts for the initial cost and the cost of operation of a major facility or its systems over its economic life. (See RCW 39.35.030(7).) Chapter 39.35 RCW requires that an ((LCCA)) ELCCA be prepared prior to construction or alteration of a publicly owned or leased facility having twenty-five thousand square feet or more of usable floor space.

(4) "Energy conservation report (ECR)" means the report ((in which LCCA's are)) describing the ELCCA performed for schools, funded in part by the Washington superintendent of public instruction and reviewed by ((WSEO)) the department. The contents of the report and the submission procedures are outlined in the ((WSEO)) department's publication, (("Guidelines for Preparing Energy Conservation Reports.")) "Energy Life Cycle Cost Analysis Guidelines for Public Agencies."

(5) (("School building energy characteristics report (SBEC)" means the conservation report which communicates compliance with the governing energy code, required for smaller projects not affected by WAC 180-27-075.

(6))) "Energy efficiency project" means a project which reduces energy consumption or energy cost, or increases the efficient use of energy. It includes activities, measures, and/or equipment designed to achieve these results.

(((7))) (6) "Cogeneration project" means a project which results in the sequential generation of two or more forms of energy from a common fuel or energy source.

[Statutory Authority: RCW 43.21F.045(12) and 1991 c 201 12. 92-01-120, 194-20-020, filed 12/19/91, effective 1/19/92.]


AMENDATORY SECTION(Amending WSR 92-01-120, filed 12/19/91, effective 1/19/92)

WAC 194-20-030
Criteria and procedures for setting fees.

The ((WSEO)) department will charge fees sufficient to recover the cost of providing services to state agencies ((and)), school districts, and public agencies which undertake energy efficiency or cogeneration projects under the energy ((partnerships)) services program. Recoverable costs include, but are not limited to all necessary costs of providing services directly to ((client institutions)) public facilities, of monitoring and implementing utility agreements when utilities elect to offer designated services, and of monitoring agreements with private consultants or energy service companies who provide energy ((partnerships)) services. ((WSEO's)) The department's fees are based on hourly rates and the billable hours of service providers, and ((shall)) include all technical and program costs, and associated administrative costs. Fees are negotiated between ((WSEO)) the department and the ((institution)) public facility being served, except for fees to review ((LCCA's)) ELCCA's and ECR's.

[Statutory Authority: RCW 43.21F.045(12) and 1991 c 201 12. 92-01-120, 194-20-030, filed 12/19/91, effective 1/19/92.]


AMENDATORY SECTION(Amending WSR 92-01-120, filed 12/19/91, effective 1/19/92)

WAC 194-20-040
Energy life cycle cost analysis/energy conservation report fees.

Fees for ((LCCA)) ELCCA and ECR reviews will be established to recover ((WSEO's)) the department's actual costs in conducting the reviews. ((Annually, these costs will be evaluated and a revised fee schedule will be published, effective July 1 of the year in which it is issued. WSEO's)) The department's fee for an ((LCCA)) ELCCA or ECR review will not exceed two thousand dollars or one-tenth of one percent of the project's total design and construction cost, whichever is less, unless mutually agreed by the ((institution)) public agency and ((WSEO)) the department. ((No fee is charged for school building energy characteristics report reviews.

WSEO)) The department shall annually evaluate whether energy savings resulting from its review of ((LCCA's)) ELCCA's and ECR's justify the costs of performing the reviews. ((WSEO shall make the results of that report available to the public, on request.))

[Statutory Authority: RCW 43.21F.045(12) and 1991 c 201 12. 92-01-120, 194-20-040, filed 12/19/91, effective 1/19/92.]


AMENDATORY SECTION(Amending WSR 92-01-120, filed 12/19/91, effective 1/19/92)

WAC 194-20-050
Receipt of funds.

((WSEO)) The department requires full payment of its invoices in the form of a check made payable to ((WSEO)) the department or an electronic fund transfer. For ((LCCA's)) ELCCA's and ECR's submitted for review, ((institutions)) public facilities will be invoiced when the review takes place. For all other energy conservation or cogeneration services, ((institutions)) public facilities will be invoiced on a monthly basis unless other financing arrangements are mutually agreed upon in advance.

[Statutory Authority: RCW 43.21F.045(12) and 1991 c 201 12. 92-01-120, 194-20-050, filed 12/19/91, effective 1/19/92.]


AMENDATORY SECTION(Amending WSR 92-01-120, filed 12/19/91, effective 1/19/92)

WAC 194-20-080
Working capital requirements.

The ((WSEO)) department establishes an initial goal of building within the energy efficiency services account a working capital account balance equal to ((four to five months)) a minimum of one month of operating costs.

[Statutory Authority: RCW 43.21F.045(12) and 1991 c 201 12. 92-01-120, 194-20-080, filed 12/19/91, effective 1/19/92.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 194-20-060 Net revenue from transactions for conservation.
WAC 194-20-070 Net savings and net revenue from transactions for cogeneration.

NEW SECTION


The following sections of the Washington Administrative Code, as amended, are recodified as follows:


Old WAC Number New WAC Number
194-20-010 236-200-010
194-20-020 236-200-020
194-20-030 236-200-030
194-20-040 236-200-040
194-20-050 236-200-050
194-20-080 236-200-060

Washington State Code Reviser's Office