title: RCW 39.35.010

text:
The legislature hereby finds:
(1) That major publicly owned or leased facilities have a significant impact on our state's consumption of energy and emission of greenhouse gases from the buildings sector;
(2) That energy conservation practices including energy management systems, combined heat and power systems, and renewable energy systems adopted for the design, construction, and utilization of such facilities will have a beneficial effect on our overall supply of energy;
(3) That the beneficial effect of the electric output from combined heat and power systems includes both energy and capacity value;
(4) That the cost of the energy consumed by such facilities, and the greenhouse gas emissions associated with that energy consumption, over the life of the facilities shall be considered in addition to the initial cost of constructing such facilities;
(5) That the cost of energy is significant and major facility designs shall be based on the total life-cycle cost, including the initial construction cost, and the cost, over the economic life of a major facility, of the energy consumed, and of the operation and maintenance of a major facility as they affect energy consumption, including the costs associated with greenhouse gas emissions from energy consumption; and
(6) That the use of energy systems in these facilities which utilize combined heat and power or renewable resources such as solar energy, wood or wood waste, or other nonconventional fuels, and which incorporate energy management systems, shall be considered in the design of all publicly owned or leased facilities.
[ 2022 c 178 s 1; 2015 3rd sp.s. c 19 s 2; 2001 c 214 s 15; 1982 c 159 s 1; 1975 1st ex.s. c 177 s 1.]
Notes:
Finding—Intent—2015 3rd sp.s. c 19: "The legislature finds that it is in the public interest to encourage and foster the development of a thermal standard and to encourage combined heat and power (cogeneration) systems throughout the state. Combined heat and power systems can help the state achieve energy independence and comply with new federal electric energy emission efficiency standards by generating both electric power and useful thermal energy from a single fuel source, thereby increasing energy efficiency and decreasing grid-based emissions. It is the intent of the legislature to promote the deployment of combined heat and power by requiring consideration of combined heat and power systems in the construction of new critical governmental facilities, incorporating reports on combined heat and power facilities in integrated resource plans, and streamlining the process by which combined heat and power facilities obtain permits." [ 2015 3rd sp.s. c 19 s 1.]
Findings—2001 c 214: "(1) The legislature hereby finds that:
(a) The economy of the state and the health, safety, and welfare of its citizens are threatened by the current energy supply and price instabilities;
(b) Many energy efficiency programs for public buildings launched during the 1970s and 1980s were not maintained during the subsequent sustained period of low energy costs and abundant supply; and
(c) Conservation programs originally established in the 1970s and 1980s can be improved or updated. New programs drawing on recently developed technologies, including demand-side energy management systems, can materially increase the efficiency of energy use by the public sector.
(2) It is the policy of the state of Washington that:
(a) State government is committed to achieving significant gains in energy efficiency. Conventional conservation programs will be reviewed and updated in light of experience gained since their commencement;
(b) State government must play a leading role in demonstrating updated and new energy efficiency technologies. New programs or measures made possible by technological advances, such as demand-side response measures and energy management systems, shall be treated in the same manner as conventional conservation programs and will be integrated into the state's energy efficiency programs." [ 2001 c 214 s 14.]
Severability—Effective date—2001 c 214: See notes following RCW 80.50.010.
Applicability—1982 c 159: "This act does not apply to a major facility construction or renovation on which a life-cycle cost analysis is commenced under chapter 39.35 RCW before June 10, 1982." [ 1982 c 159 s 5.]

catchline: Legislative finding.


doc_type: statute

jurisdiction: wa

title: RCW 39.35.020

text:
The legislature declares that it is the public policy of this state to ensure that energy conservation practices, greenhouse gas emissions reduction practices, and renewable energy systems are employed in the design of major publicly owned or leased facilities and that the use of all-electric energy systems and at least one renewable energy or combined heat and power system is considered. To this end the legislature authorizes and directs that public agencies analyze the cost of energy consumption of each major facility and each critical governmental facility to be planned and constructed or renovated after September 8, 1975.
[ 2022 c 178 s 2; 2015 3rd sp.s. c 19 s 3; 1982 c 159 s 2; 1975 1st ex.s. c 177 s 2.]
Notes:
Finding—Intent—2015 3rd sp.s. c 19: See note following RCW 39.35.010.
Applicability—1982 c 159: See notes following RCW 39.35.010.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Legislative declaration.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 39.35.030

text:
For the purposes of this chapter the following words and phrases shall have the following meanings unless the context clearly requires otherwise:
(1) "Combined heat and power" means the sequential generation of electricity and useful thermal energy from a common fuel source where, under normal operating conditions, the facility has a useful thermal energy output of no less than thirty-three percent of the total energy output.
(2) "Critical governmental facility" means a building or district energy system owned by the state or a political subdivision of the state that is expected to:
(a) Be continuously occupied;
(b) Maintain operations for at least six thousand hours each year;
(c) Have a peak electricity demand exceeding five hundred kilowatts; and
(d) Serve a critical public health or public safety function during a natural disaster or other emergency situation that may result in a widespread power outage, including a:
(i) Command and control center;
(ii) Shelter;
(iii) Prison or jail;
(iv) Police or fire station;
(v) Communications or data center;
(vi) Water or wastewater treatment facility;
(vii) Hazardous waste storage facility;
(viii) Biological research facility;
(ix) Hospital; or
(x) Food preparation or food storage facility.
(3) "Department" means the state department of enterprise services.
(4) "Design standards" means the heating, air conditioning, ventilating, and renewable resource systems identified, analyzed, and recommended by the department as providing an efficient energy system or systems based on the economic life of the selected buildings.
(5) "Economic life" means the projected or anticipated useful life of a major facility as expressed by a term of years.
(6) "Energy management system" means a program, energy efficiency equipment, technology, device, or other measure including, but not limited to, a management, educational, or promotional program, smart appliance, meter reading system that provides energy information capability, computer software or hardware, communications equipment or hardware, thermostat or other control equipment, together with related administrative or operational programs, that allows identification and management of opportunities for improvement in the efficiency of energy use, including but not limited to a measure that allows:
(a) Energy consumers to obtain information about their energy usage and the cost of energy in connection with their usage;
(b) Interactive communication between energy consumers and their energy suppliers;
(c) Energy consumers to respond to energy price signals and to manage their purchase and use of energy; or
(d) For other kinds of dynamic, demand-side energy management.
(7) "Energy systems" means all utilities, including, but not limited to, heating, air conditioning, ventilating, lighting, and the supplying of domestic hot water.
(8)(a) "Energy-consumption analysis" means the evaluation of all energy systems and components by demand and type of energy including the internal energy load imposed on a major facility or a critical governmental facility by its occupants, equipment, and components, and the external energy load imposed on a major facility or a critical governmental facility by the climatic conditions of its location. An energy-consumption analysis of the operation of energy systems of a major facility or a critical governmental facility shall include, but not be limited to, the following elements:
(i) The comparison of three or more system alternatives, at least one of which shall include renewable energy systems, and one of which shall include all-electric energy systems;
(ii) The simulation of each system over the entire range of operation of such facility for a year's operating period;
(iii) The evaluation of the energy consumption of component equipment in each system considering the operation of such components at other than full or rated outputs;
(iv) The identification and analysis of critical loads for each energy system; and
(v) For a critical governmental facility, a combined heat and power system feasibility assessment, including but not limited to an evaluation of: (A) Whether equipping the facility with a combined heat and power system would result in expected energy savings in excess of the expected costs of purchasing, operating, and maintaining the system over a fifteen-year period; and (B) the cost of integrating the variability of combined heat and power resources.
(b) The energy-consumption analysis shall be prepared by a professional engineer or licensed architect who may use computers or such other methods as are capable of producing predictable results.
(9) "Greenhouse gas" has the same meaning as provided in RCW 70A.45.010.
(10) "Initial cost" means the moneys required for the capital construction or renovation of a major facility.
(11) "Life-cycle cost" means the initial cost and cost of operation of a major facility or a critical governmental facility over its economic life. This shall be calculated as the initial cost plus the operation, maintenance, and energy costs over its economic life, reflecting anticipated increases in these costs discounted to present value at the current rate for borrowing public funds, as determined by the office of financial management. The energy cost projections used shall be those provided by the department. The department shall update these projections at least every two years.
(12) "Life-cycle cost analysis" includes, but is not limited to, the following elements:
(a) The coordination and positioning of a major facility or a critical governmental facility on its physical site;
(b) The amount and type of fenestration employed in a major facility or a critical governmental facility;
(c) The amount of insulation incorporated into the design of a major facility or a critical governmental facility;
(d) The variable occupancy and operating conditions of a major facility or a critical governmental facility; and
(e) An energy-consumption analysis of a major facility or a critical governmental facility.
(13) "Major facility" means any publicly owned or leased building having twenty-five thousand square feet or more of usable floor space.
(14) "Public agency" means every state office, officer, board, commission, committee, bureau, department, and all political subdivisions of the state.
(15) "Renewable energy systems" means methods of facility design and construction and types of equipment for the utilization of renewable energy sources including, but not limited to, hydroelectric power, active or passive solar space heating or cooling, domestic solar water heating, windmills, waste heat, biomass and/or refuse-derived fuels, photovoltaic devices, and geothermal energy.
(16) "Renovation" means additions, alterations, or repairs within any twelve-month period which exceed fifty percent of the value of a major facility or a critical governmental facility and which will affect any energy system.
(17) "Selected buildings" means educational, office, residential care, and correctional facilities that are designed to comply with the design standards analyzed and recommended by the department.
[ 2022 c 178 s 3; 2015 3rd sp.s. c 19 s 4. Prior: 2011 1st sp.s. c 43 s 247; 2001 c 214 s 16; 1996 c 186 s 402; 1994 c 242 s 1; 1991 c 201 s 14; 1982 c 159 s 3; 1975 1st ex.s. c 177 s 3.]
Notes:
Finding—Intent—2015 3rd sp.s. c 19: See note following RCW 39.35.010.
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Severability—Effective date—2001 c 214: See notes following RCW 80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
Findings—Intent—Part headings not law—Effective date—1996 c 186: See notes following RCW 43.330.904.
Applicability—1982 c 159: See notes following RCW 39.35.010.

catchline: Definitions.


title: RCW 39.35.040

text:
Whenever a public agency determines that any major facility or a critical governmental facility is to be constructed or renovated, such agency shall cause to be included in the design phase of such construction or renovation a provision that requires a life-cycle cost analysis conforming with the guidelines developed in RCW 39.35.050 to be prepared for such facility. Such analysis shall be approved by the agency prior to the commencement of actual construction or renovation. A public agency may accept the facility design if the agency is satisfied that the life-cycle cost analysis provides for an efficient energy system or systems based on the economic life of the facility.
Nothing in this section prohibits the construction or renovation of major facilities or critical governmental facilities that utilize renewable energy or combined heat and power systems.
[ 2015 3rd sp.s. c 19 s 5; 1994 c 242 s 2; 1982 c 159 s 4; 1975 1st ex.s. c 177 s 4.]
Notes:
Finding—Intent—2015 3rd sp.s. c 19: See note following RCW 39.35.010.
Applicability—1982 c 159: See notes following RCW 39.35.010.

catchline: Facility design to include life-cycle cost analysis.


title: RCW 39.35.050

text:
The department, in consultation with affected public agencies, shall develop and issue guidelines for administering this chapter. The purpose of the guidelines is to define a procedure and method for performance of life-cycle cost analysis to promote the selection of low-life-cycle cost alternatives. At a minimum, the guidelines must contain provisions that:
(1) Address energy considerations during the planning phase of the project;
(2) Identify energy components and system alternatives including energy management systems, all-electric energy systems, renewable energy systems, and combined heat and power applications prior to commencing the energy consumption analysis;
(3) Identify simplified methods to assure the lowest life-cycle cost alternatives for selected buildings with between twenty-five thousand and one hundred thousand square feet of usable floor area;
(4) Establish times during the design process for preparation, review, and approval or disapproval of the life-cycle cost analysis;
(5) Specify the assumptions to be used for escalation and inflation rates, equipment service lives, economic building lives, and maintenance costs;
(6) Determine life-cycle cost analysis format and submittal requirements to meet the provisions of chapter 201, Laws of 1991;
(7) Provide for review and approval of life-cycle cost analysis.
[ 2022 c 178 s 4; 2001 c 214 s 17; 1996 c 186 s 403; 1994 c 242 s 3; 1991 c 201 s 15.]
Notes:
Severability—Effective date—2001 c 214: See notes following RCW 80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
Findings—Intent—Part headings not law—Effective date—1996 c 186: See notes following RCW 43.330.904.

catchline: Life-cycle cost analysis—Guidelines.


title: RCW 39.35.060

text:
The department may impose fees upon affected public agencies for the review of life-cycle cost analyses. The fees shall be deposited in the enterprise services account. The purpose of the fees is to recover the costs by the department for review of the analyses. The department shall set fees at a level necessary to recover all of its costs related to increasing the energy efficiency of state-supported new construction. The fees shall not exceed one-tenth of one percent of the total cost of any project or exceed two thousand dollars for any project unless mutually agreed to. The department shall provide detailed calculation ensuring that the energy savings resulting from its review of life-cycle cost analysis justify the costs of performing that review.
[ 2015 c 225 s 45; 2001 c 292 s 1; 1996 c 186 s 404; 1991 c 201 s 16.]
Notes:
Findings—Intent—Part headings not law—Effective date—1996 c 186: See notes following RCW 43.330.904.

catchline: Life-cycle cost analysis—Review fees.


title: RCW 39.35A.010

text:
The legislature finds that:
(1) Conserving energy and water in publicly owned buildings will have a beneficial effect on our overall supply of energy and water;
(2) Conserving energy and water in publicly owned buildings can result in cost savings for taxpayers; and
(3) Performance-based energy contracts are a means by which municipalities can achieve energy and water conservation without capital outlay.
Therefore, the legislature declares that it is the policy that a municipality may, after a competitive selection process, negotiate a performance-based energy contract with a firm that offers the best proposal.
[ 2007 c 39 s 1; 1985 c 169 s 1.]

catchline: Findings.


title: RCW 39.35A.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1)(a) "Conservation" includes reduced:
(i) Energy consumption;
(ii) Energy demand;
(iii) Energy cost; or
(iv) Greenhouse gas emissions.
(b)(i) "Conservation" includes reductions in the use or cost of water, wastewater, or solid waste.
(ii) "Conservation" does not include thermal or electric energy production from cogeneration.
(2) "Energy equipment and services" means:
(a) Energy management systems and any equipment, materials, supplies, or conservation projects that are expected, upon installation, to reduce the energy use, reduce the energy demand, reduce the energy cost, or reduce the greenhouse gas emissions, of a facility; and
(b) The services associated with the equipment, materials, supplies, or conservation projects including, but not limited to, design, engineering, financing, installation, project management, guarantees, operations, and maintenance. Reduction in energy use or energy cost may also include reductions in the use or cost of water, wastewater, or solid waste.
(3) "Energy management system" has the definition provided in RCW 39.35.030.
(4) "Facility" includes a building, structure, group of buildings or structures at a single site, site improvement, or other facility owned by a municipality.
(5) "Municipality" has the definition provided in RCW 39.04.010.
(6) "Performance-based contract" means one or more contracts for water conservation services, solid waste reduction services, or energy equipment and services between a municipality and any other persons or entities, if the payment obligation for each year under the contract, including the year of installation, is either: (a) Set as a percentage of the annual energy cost savings, water cost savings, solid waste cost savings, or benefits achieved through conservation projects attributable under the contract; or (b) guaranteed by the other persons or entities to be less than the annual energy cost savings, water cost savings, solid waste cost savings, or other benefits attributable under the contract. Such guarantee shall be, at the option of the municipality, a bond or insurance policy, or some other guarantee determined sufficient by the municipality to provide a level of assurance similar to the level provided by a bond or insurance policy. Payment obligations may include regular service payments made by a municipality to any persons or entities that own energy equipment and services under a performance-based contract.
[ 2023 c 309 s 2; 2022 c 128 s 2; 2007 c 39 s 2; 2001 c 214 s 18; 1985 c 169 s 2.]
Notes:
Expiration date—2023 c 309 ss 2-5: "Sections 2 through 5 of this act expire June 30, 2033. Contracts entered into under the authority granted by this act may remain in effect following expiration of this act." [ 2023 c 309 s 6.]
Severability—Effective date—2001 c 214: See notes following RCW 80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
PDF
RCW 39.35A.020
Definitions. (Effective June 30, 2033.)
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1)(a) "Conservation" includes reduced:
(i) Energy consumption;
(ii) Energy demand;
(iii) Energy cost; or
(iv) Greenhouse gas emissions.
(b)(i) "Conservation" includes reductions in the use or cost of water, wastewater, or solid waste.
(ii) "Conservation" does not include thermal or electric energy production from cogeneration.
(2) "Energy equipment and services" means:
(a) Energy management systems and any equipment, materials, supplies, or conservation projects that are expected, upon installation, to reduce the energy use, reduce the energy demand, reduce the energy cost, or reduce the greenhouse gas emissions, of a facility; and
(b) The services associated with the equipment, materials, supplies, or conservation projects including, but not limited to, design, engineering, financing, installation, project management, guarantees, operations, and maintenance. Reduction in energy use or energy cost may also include reductions in the use or cost of water, wastewater, or solid waste.
(3) "Energy management system" has the definition provided in RCW 39.35.030.
(4) "Facility" includes a building, structure, group of buildings or structures at a single site, site improvement, or other facility owned by a municipality.
(5) "Municipality" has the definition provided in RCW 39.04.010.
(6) "Performance-based contract" means one or more contracts for water conservation services, solid waste reduction services, or energy equipment and services between a municipality and any other persons or entities, if the payment obligation for each year under the contract, including the year of installation, is either: (a) Set as a percentage of the annual energy cost savings, water cost savings, solid waste cost savings, or benefits achieved through conservation projects attributable under the contract; or (b) guaranteed by the other persons or entities to be less than the annual energy cost savings, water cost savings, solid waste cost savings, or other benefits attributable under the contract. Such guarantee shall be, at the option of the municipality, a bond or insurance policy, or some other guarantee determined sufficient by the municipality to provide a level of assurance similar to the level provided by a bond or insurance policy.
[ 2022 c 128 s 2; 2007 c 39 s 2; 2001 c 214 s 18; 1985 c 169 s 2.]
Notes:
Severability—Effective date—2001 c 214: See notes following RCW 80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.

catchline: Definitions. (Effective until June 30, 2033.)


title: RCW 39.35A.030

text:
(1) Each municipality shall publish in advance its requirements to procure water conservation services, solid waste reduction services, or energy equipment and services under a performance-based contract. The announcement shall state concisely the scope and nature of the equipment and services for which a performance-based contract is required, and shall encourage firms to submit proposals to meet these requirements.
(2) The municipality may negotiate a fair and reasonable performance-based contract with the firm that is identified, based on the criteria that is established by the municipality, to be the firm that submits the best proposal.
(3) If the municipality is unable to negotiate a satisfactory contract with the firm that submits the best proposal, negotiations with that firm shall be formally terminated and the municipality may select another firm in accordance with this section and continue negotiation until a performance-based contract is reached or the selection process is terminated.
[ 2007 c 39 s 3; 1985 c 169 s 3.]

catchline: Performance-based contracts for water conservation services, solid waste reduction services, and energy equipment and services.


title: RCW 39.35A.040

text:
If a municipality chooses, by resolution or other appropriate mechanism, to negotiate a performance-based contract under this chapter, no otherwise applicable statutory procurement requirement applies.
[ 1985 c 169 s 4.]

catchline: Application of other procurement requirements.


title: RCW 39.35A.050

text:
The state department of enterprise services shall maintain a registry of energy service contractors and provide assistance to municipalities in identifying available performance-based contracting services.
[ 2015 c 225 s 46; 2001 c 214 s 19.]
Notes:
Severability—Effective date—2001 c 214: See notes following RCW 80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.

catchline: Energy service contractor registry—Identification of performance-based contracting services.


title: RCW 39.35A.060

text:
For purposes of this chapter:
(1) Conservation may be achieved through the deployment of distributed energy resources; and
(2) Distributed energy resources include, but are not limited to, energy efficiency projects that are not cogeneration projects, energy storage, demand response, electric vehicle charging infrastructure, and grid-interactive efficient buildings.
[ 2022 c 128 s 5.]


title: RCW 39.35B.010

text:
The legislature finds that:
(1) Operating costs of a facility over its lifetime may greatly exceed the initial cost of the facility;
(2) In the planning, design, and funding for new construction or major renovation of state-owned facilities it is desirable to consider not only the initial costs relating to design and construction or acquisition, but the anticipated operating costs relating to the building throughout its life;
(3) The consideration of both initial and operating costs is known as life-cycle cost or life-cycle cost analysis;
(4) Operating costs of a facility for purposes of this chapter include, but are not limited to, energy costs, maintenance and repair costs, and costs of the work or activity performed within the facility, including wages and salaries;
(5) Current law, chapter 39.35 RCW, speaks to life-cycle cost analysis only in relation to energy conservation; and
(6) Life-cycle cost may not be suitable or cost-effective for all capital projects or all components of a facility, and is not an exclusive criteria for decision-making, but is nonetheless a useful framework for evaluating design and capital investment alternatives.
[ 1986 c 127 s 1.]

catchline: Legislative findings.


title: RCW 39.35B.020

text:
The legislature declares that:
(1) It is the policy of the state to consider life-cycle costs in the selection of facility design alternatives, to the full extent practical, reasonable, and cost-effective;
(2) Life-cycle cost should be considered by the state government, school districts, and state universities and community colleges in the planning, design, and funding for new construction or major renovations; and
(3) Use of life-cycle cost should be encouraged for cities, counties, and other governmental districts including special purpose districts.
[ 1986 c 127 s 2.]


title: RCW 39.35B.030

text:
It is the intent of the legislature to:
(1) Expand the definition and use of "life-cycle cost" and "life-cycle cost analysis" to include consideration of all operating costs, as opposed to only energy-related costs as addressed by chapter 39.35 RCW;
(2) Encourage the recognition, development, and use of life-cycle cost concepts and procedures by both the executive and legislative branches in the state's design development and capital budgeting processes;
(3) Ensure the dissemination and use of a common and realistic discount rate by all state agencies in the calculation of the present value of future costs;
(4) Allow and encourage the executive branch to develop specific techniques and procedures for the state government and its agencies, and state universities and community colleges to implement this policy; and
(5) Encourage cities, counties, and other governmental districts including special purpose districts to adopt programs and procedures to implement this policy.
[ 1986 c 127 s 3.]

catchline: Intent.


title: RCW 39.35B.040

text:
The principal executives of all state agencies are responsible for implementing the policy set forth in this chapter. The office of financial management in conjunction with the department of enterprise services may establish guidelines for compliance by the state government and its agencies, and state universities and community colleges. The office of financial management shall include within its biennial capital budget instructions:
(1) A discount rate for the use of all agencies in calculating the present value of future costs, and several examples of resultant trade-offs between annual operating costs eliminated and additional capital costs thereby justified; and
(2) Types of projects and building components that are particularly appropriate for life-cycle cost analysis.
[ 2015 c 225 s 47; 1986 c 127 s 4.]
Notes:

catchline: Implementation.


title: RCW 39.35B.050

text:
The office of financial management shall:
(1) Design and implement a cost-effective life-cycle cost model by October 1, 2008, based on the work completed by the joint legislative audit and review committee in January 2007 and in consultation with legislative fiscal committees;
(2) Deploy the life-cycle cost model for use by state agencies once completed and tested;
(3) Update the life-cycle cost model periodically in consultation with legislative fiscal committees;
(4) Establish clear policies, standards, and procedures regarding the use of life-cycle cost analysis by state agencies including:
(a) When state agencies must use the life-cycle cost analysis, including the types of proposed capital projects and leased facilities to which it must be applied;
(b) Procedures state agencies must use to document the results of required life-cycle cost analyses;
(c) Standards regarding the discount rate and other key model assumptions; and
(d) A process to document and justify any deviation from the standard assumptions.
[ 2007 c 506 s 3; (2011 1st sp.s. c 48 s 7005 expired June 30, 2013).]
Notes:
Expiration date—2011 1st sp.s. c 48 s 7005: "Section 7005 of this act expires June 30, 2013." [ 2011 1st sp.s. c 48 s 7038.]
Effective dates—2011 1st sp.s. c 48: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [June 15, 2011], except for sections 7022 through 7025 and 7027 of this act which take effect July 1, 2011." [ 2011 1st sp.s. c 48 s 7039.]
Findings—Intent—2007 c 506: See note following RCW 43.82.035.

catchline: Life-cycle cost model and analysis—Duties of the office of financial management.


title: RCW 39.35C.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Cogeneration" means the sequential generation of two or more forms of energy from a common fuel or energy source. If these forms are electricity and thermal energy, then the operating and efficiency standards established by 18 C.F.R. Sec. 292.205 and the definitions established by 18 C.F.R. Sec. 292.202 (c) through (m) apply.
(2)(a) "Conservation" includes reduced:
(i) Energy consumption;
(ii) Energy demand;
(iii) Energy cost; or
(iv) Greenhouse gas emissions.
(b) "Conservation" does not include thermal or electric energy production from cogeneration.
(c) "Conservation" also includes reductions in the use or cost of water, wastewater, or solid waste.
(3)(a) "Cost-effective" means that the present value to a state agency or school district of the benefits reasonably expected to be achieved or produced by a facility, conservation activity, measure, or piece of equipment over its useful life, including any compensation received from a utility or the Bonneville power administration, is greater than the net present value of the costs of implementing, maintaining, and operating such facility, activity, measure, or piece of equipment over its useful life, when discounted at the cost of public borrowing.
(b) The expected value of energy equipment and services at the time of contract execution that are provided through a performance-based contract may exceed the fair market value.
(4) "Department" means the state department of enterprise services.
(5) "Energy" means energy as defined in RCW 43.21F.025(5).
(6) "Energy as a service" means a performance-based contract in which a state agency, public school district, public university, or municipality makes service payments to a third party or entity for energy services, which may include the provision of energy equipment that is owned and operated by a third party or entity.
(7) "Energy audit" has the definition provided in RCW 43.19.670, and may include a determination of the water or solid waste consumption characteristics of a facility.
(8) "Energy efficiency project" means a conservation or cogeneration project.
(9) "Energy efficiency services" means assistance furnished by the department to state agencies and school districts in identifying, evaluating, and implementing energy efficiency projects.
(10) "Local utility" means the utility or utilities in whose service territory a public facility is located.
(11) "Performance-based contracting" means contracts for which payment or payment obligations are conditional on achieving contractually specified energy savings, which may include regular service payments made by a state agency, public school district, public university, or municipality to any persons or entities that own energy equipment and services under a performance-based contract.
(12) "Public agency" means every state office, officer, board, commission, committee, bureau, department, and all political subdivisions of the state.
(13) "Public facility" means a building, structure, group of buildings or structures at a single site, site improvement, or other facility owned by a state agency or school district.
(14) "State agency" means every state office or department, whether elective or appointive, state institutions of higher education, and all boards, commissions, or divisions of state government, however designated.
(15) "State facility" means a building or structure, or a group of buildings or structures at a single site, owned by a state agency.
(16) "Utility" means privately or publicly owned electric and gas utilities, electric cooperatives and mutuals, whether located within or without Washington state.
[ 2023 c 309 s 3; 2022 c 128 s 1. Prior: 2011 1st sp.s. c 43 s 248; 2007 c 39 s 4; 2001 c 214 s 20; 1996 c 186 s 405; 1991 c 201 s 2.]
Notes:
Expiration date—2023 c 309 ss 2-5: See note following RCW 39.35A.020.
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Severability—Effective date—2001 c 214: See notes following RCW 80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
Findings—Intent—Part headings not law—Effective date—1996 c 186: See notes following RCW 43.330.904.
PDF
RCW 39.35C.010
Definitions. (Effective June 30, 2033.)
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Cogeneration" means the sequential generation of two or more forms of energy from a common fuel or energy source. If these forms are electricity and thermal energy, then the operating and efficiency standards established by 18 C.F.R. Sec. 292.205 and the definitions established by 18 C.F.R. Sec. 292.202 (c) through (m) apply.
(2)(a) "Conservation" includes reduced:
(i) Energy consumption;
(ii) Energy demand;
(iii) Energy cost; or
(iv) Greenhouse gas emissions.
(b) "Conservation" does not include thermal or electric energy production from cogeneration.
(c) "Conservation" also includes reductions in the use or cost of water, wastewater, or solid waste.
(3) "Cost-effective" means that the present value to a state agency or school district of the benefits reasonably expected to be achieved or produced by a facility, conservation activity, measure, or piece of equipment over its useful life, including any compensation received from a utility or the Bonneville power administration, is greater than the net present value of the costs of implementing, maintaining, and operating such facility, activity, measure, or piece of equipment over its useful life, when discounted at the cost of public borrowing.
(4) "Department" means the state department of enterprise services.
(5) "Energy" means energy as defined in RCW 43.21F.025(5).
(6) "Energy audit" has the definition provided in RCW 43.19.670, and may include a determination of the water or solid waste consumption characteristics of a facility.
(7) "Energy efficiency project" means a conservation or cogeneration project.
(8) "Energy efficiency services" means assistance furnished by the department to state agencies and school districts in identifying, evaluating, and implementing energy efficiency projects.
(9) "Local utility" means the utility or utilities in whose service territory a public facility is located.
(10) "Performance-based contracting" means contracts for which payment is conditional on achieving contractually specified energy savings.
(11) "Public agency" means every state office, officer, board, commission, committee, bureau, department, and all political subdivisions of the state.
(12) "Public facility" means a building, structure, group of buildings or structures at a single site, site improvement, or other facility owned by a state agency or school district.
(13) "State agency" means every state office or department, whether elective or appointive, state institutions of higher education, and all boards, commissions, or divisions of state government, however designated.
(14) "State facility" means a building or structure, or a group of buildings or structures at a single site, owned by a state agency.
(15) "Utility" means privately or publicly owned electric and gas utilities, electric cooperatives and mutuals, whether located within or without Washington state.
[ 2022 c 128 s 1. Prior: 2011 1st sp.s. c 43 s 248; 2007 c 39 s 4; 2001 c 214 s 20; 1996 c 186 s 405; 1991 c 201 s 2.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Severability—Effective date—2001 c 214: See notes following RCW 80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
Findings—Intent—Part headings not law—Effective date—1996 c 186: See notes following RCW 43.330.904.


title: RCW 39.35C.020

text:
(1) Each state agency and school district shall implement cost-effective conservation improvements and maintain efficient operation of its facilities in order to minimize energy consumption and related environmental impacts and reduce operating costs. Each state agency shall undertake an energy audit and implement cost-effective conservation measures pursuant to the time schedules and requirements set forth in chapter 43.19 RCW, except that any state agency that, after December 31, 1997, has completed energy audits and implemented cost-effective conservation measures, or has contracted with an energy service company for energy audits and conservation measures, is deemed to have met the requirements of this subsection for those facilities included in the audits and conservation measures. Each school district shall undertake an energy audit and implement cost-effective conservation measures pursuant to the time schedules and requirements set forth in RCW 39.35C.025. Performance-based contracting shall be the preferred method for completing energy audits and implementing cost-effective conservation measures.
(2) The department shall assist state agencies and school districts in identifying, evaluating, and implementing cost-effective conservation projects at their facilities. The department, in consultation with affected public agencies, shall develop and issue guidelines for cost-effectiveness determination. The purpose of the guidelines is to define a procedure and method for performance of cost-effectiveness. The department's assistance to state agencies and school districts shall include the following:
(a) Notifying state agencies and school districts of their responsibilities under this chapter;
(b) Apprising state agencies and school districts of opportunities to develop and finance such projects;
(c) Providing technical and analytical support, including procurement of performance-based contracting services;
(d) Reviewing verification procedures for energy savings; and
(e) Assisting in the structuring and arranging of financing for cost-effective conservation projects.
(3) Conservation projects implemented under this chapter shall have appropriate levels of monitoring to verify the performance and measure the energy savings over the life of the project. The department shall solicit involvement in program planning and implementation from utilities and other energy conservation suppliers, especially those that have demonstrated experience in performance-based energy programs.
(4) The department shall comply with the requirements of chapter 39.80 RCW when contracting for architectural or engineering services.
(5) The department shall recover any costs and expenses it incurs in providing assistance pursuant to this section, including reimbursement from third parties participating in conservation projects. The department shall enter into a written agreement with the public agency for the recovery of costs.
[ 2022 c 128 s 3; 2001 c 214 s 21; 1996 c 186 s 406; 1991 c 201 s 3.]
Notes:
Severability—Effective date—2001 c 214: See notes following RCW 80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
Findings—Intent—Part headings not law—Effective date—1996 c 186: See notes following RCW 43.330.904.

catchline: State agency and school district conservation projects—Implementation—Department assistance.


title: RCW 39.35C.025

text:
(1) Except as provided in subsections (2) and (3) of this section, each school district shall conduct an energy audit of its facilities. This energy audit may be conducted by contract or by other arrangement, including appropriate district staff. Performance-based contracting shall be the preferred method for implementing and completing energy audits.
(a) For each district facility, the energy consumption surveys shall be completed no later than December 31, 2001, and the walk-through surveys shall be completed no later than October 1, 2002. Upon completion of each walk-through survey, the district shall implement energy conservation maintenance and operation procedures that may be identified for any district facility. These procedures shall be implemented as soon as possible, but not later than twelve months after the walk-through survey.
(b) Except as provided in subsection (3) of this section, if a walk-through survey has identified potentially cost-effective energy conservation measures, the district shall undertake an investment grade audit of the facility. Investment grade audits shall be completed no later than June 30, 2003, and installation of cost-effective conservation measures recommended in the investment grade audit shall be completed no later than December 31, 2004.
(2) A school district that, after December 31, 1997, has completed energy audits and implemented cost-effective conservation measures, or has contracted with an energy service company for energy audits and conservation measures, is deemed to have met the requirements of this section for those facilities included in the audits and conservation measures.
(3) A school district that after reasonable efforts and consultation with the department is unable to obtain a contract with an energy service company to conduct an investment grade audit or install cost-effective conservation measures recommended in an investment grade audit, is exempt from the requirements of subsection (1)(b) of this section.
[ 2001 c 214 s 22.]
Notes:
Severability—Effective date—2001 c 214: See notes following RCW 80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.

catchline: Energy audit of school district facilities—Completion dates—Identification, implementation of cost-effective energy conservation measures.


title: RCW 39.35C.030

text:
(1) The department shall consult with the local utilities to develop priorities for energy conservation projects pursuant to this chapter, cooperate where possible with existing utility programs, and consult with the local utilities prior to implementing projects in their service territory.
(2) A local utility shall be offered the initial opportunity to participate in the development of conservation projects in the following manner:
(a) Before initiating projects in a local utility service territory, the department shall notify the local utility in writing, on an annual basis, of public facilities in the local utility's service territory at which the department anticipates cost-effective conservation projects will be developed.
(b) Within sixty days of receipt of this notification, the local utility may express interest in these projects by submitting to the department a written description of the role the local utility is willing to perform in developing and acquiring the conservation at these facilities. This role may include any local utility conservation programs which would be available to the public facility, any competitive bidding or solicitation process which the local utility will be undertaking in accordance with the rules of the utilities and transportation commission or the public utility district, municipal utility, cooperative, or mutual governing body for which the public facility would be eligible, or any other role the local utility may be willing to perform.
(c) Upon receipt of the written description from the local utility, the department shall, through discussions with the local utility, and with involvement from state agencies and school districts responsible for the public facilities, develop a plan for coordinated delivery of conservation services and financing or make a determination of whether to participate in the local utility's competitive bidding or solicitation process. The plan shall identify the local utility in roles that the local utility is willing to perform and that are consistent with the provisions of RCW 39.35C.040(2) (d) and (e).
[ 1996 c 186 s 407; 1991 c 201 s 4.]
Notes:
Findings—Intent—Part headings not law—Effective date—1996 c 186: See notes following RCW 43.330.904.

catchline: Department coordination of conservation development with utilities.


title: RCW 39.35C.040

text:
(1) It is the intent of this chapter that the state, state agencies, and school districts are compensated fairly for the energy savings provided to utilities and be allowed to participate on an equal basis in any utility conservation program, bidding, or solicitation process. State agencies and school districts shall not receive preferential treatment. For the purposes of this section, any type of compensation from a utility or the Bonneville power administration intended to achieve reductions or efficiencies in energy use which are cost-effective to the utility or the Bonneville power administration shall be regarded as a sale of energy savings. Such compensation may include credits to the energy bill, low or no interest loans, rebates, or payment per unit of energy saved. The department shall, in coordination with utilities, the Bonneville power administration, state agencies, and school districts, facilitate the sale of energy savings at public facilities including participation in any competitive bidding or solicitation which has been agreed to by the state agency or school district. Energy savings may only be sold to local utilities or, under conditions specified in this section, to the Bonneville power administration. The department shall not attempt to sell energy savings occurring in one utility service territory to a different utility. Nothing in this chapter mandates that utilities purchase the energy savings.
(2) To ensure an equitable allocation of benefits to the state, state agencies, and school districts, the following conditions shall apply to transactions between utilities or the Bonneville power administration and state agencies or school districts for sales of energy savings:
(a) A transaction shall be approved by both the state agency or school district and the department.
(b) The state agency or school district and the department shall work together throughout the planning and negotiation process for such transactions unless the department determines that its participation will not further the purposes of this section.
(c) Before making a decision under (d) of this subsection, the department shall review the proposed transaction for its technical and economic feasibility, the adequacy and reasonableness of procedures proposed for verification of project or program performance, the degree of certainty of benefits to the state, state agency, or school district, the degree of risk assumed by the state or school district, the benefits offered to the state, state agency, or school district and such other factors as the department determines to be prudent.
(d) The department shall approve a transaction unless it finds, pursuant to the review in (c) of this subsection, that the transaction would not result in an equitable allocation of costs and benefits to the state, state agency, or school district, in which case the transaction shall be disapproved.
(e) In addition to the requirements of (c) and (d) of this subsection, in areas in which the Bonneville power administration has a program for the purchase of energy savings at public facilities, the department shall approve the transaction unless the local utility cannot offer a benefit substantially equivalent to that offered by the Bonneville power administration, in which case the transaction shall be disapproved. In determining whether the local utility can offer a substantially equivalent benefit, the department shall consider the net present value of the payment for energy savings; any goods, services, or financial assistance provided by the local utility; and any risks borne by the local utility. Any direct negative financial impact on a nongrowing, local utility shall be considered.
(3) Any party to a potential transaction may, within thirty days of any decision to disapprove a transaction made pursuant to subsection (2)(c), (d), or (e) of this section, request an independent reviewer who is mutually agreeable to all parties to the transaction to review the decision. The parties shall within thirty days of selection submit to the independent reviewer documentation supporting their positions. The independent reviewer shall render advice regarding the validity of the disapproval within an additional thirty days.
[ 1996 c 186 s 408; 1991 c 201 s 5.]
Notes:
Findings—Intent—Part headings not law—Effective date—1996 c 186: See notes following RCW 43.330.904.

catchline: Sale of conserved energy.


title: RCW 39.35C.050

text:
In addition to any other authorities conferred by law:
(1) The department, with the consent of the state agency or school district responsible for a facility, a state or regional university acting independently, and any other state agency or school district acting through the department or acting independently, may:
(a) Develop and finance conservation at public facilities in accordance with express provisions of this chapter;
(b) Contract for energy services, including through a performance-based contract; and
(c) Contract to sell energy savings from a conservation project at public facilities to local utilities or the Bonneville power administration.
(2)(a) This subsection authorizes state agencies, public school districts, public universities, and municipalities to enter into energy as a service contracts. Pursuant to this subsection, a state agency, public school district, public university, or municipality may, whether acting independently or through the department:
(i) Develop conservation projects and services that require the ownership of energy equipment to be held by other persons or entities;
(ii) Contract for energy services, including through a performance-based contract;
(iii) Contract to sell energy savings from a conservation project at public facilities to local utilities or the Bonneville power administration; and
(iv) Contract with a person or entity for energy equipment or services.
(b) Any contract for energy as a service entered into pursuant to the authority of this subsection is subject to the following conditions:
(i) The contract may include terms that transfer ownership of energy equipment from the state agency, public school district, public university, or municipality to the person or entity;
(ii) The person or entity is responsible for cost-savings and performance guarantees through the terms of the contract;
(iii) The value of energy equipment or services at the time of contract execution may exceed the fair market value;
(iv) At the end of the term of the contract, equipment ownership may be transferred back to the state agency, public school district, public university, or municipality;
(v) The state agency, public school district, public university, or municipality will ensure that a contract does not directly result in loss of any position of employment by state employees in the classified service under RCW 41.06.020, employees included in the Washington management service under RCW 41.06.022, or school district employees under RCW 28A.150.203;
(vi) Training must be offered in the preventative maintenance and other related activities of energy equipment and services as detailed in the contract for energy services to existing classified employees who currently provide maintenance of energy equipment for the state agency, public school district, public university, or municipality; and
(vii) Prior to entering into a contract, the state agency, public school district, public university, or municipality must coordinate with the department to analyze the cost-effectiveness of the proposed performance-based contract compared to alternative available financing and service mechanisms, including certificates of participation. The state agency, public school district, public university, or municipality may enter into a contract only if the cost-effectiveness is greater than other available alternatives.
(3) A state or regional university acting independently, and any other state agency acting through the department or as otherwise authorized by law, may undertake procurements for third-party development of conservation at its facilities.
(4) A school district may also:
(a) Develop and finance conservation at school district facilities; and
(b) Contract to sell energy savings from energy conservation projects at school district facilities to local utilities or the Bonneville power administration directly or through third parties.
(5) Direct financial grants and incentives received on behalf of the state agency, public school district, public university, or municipality will be passed on to the state agency, public school district, public university, or municipality.
(6) In exercising the authority granted by subsections (1), (3), and (4) of this section, a school district or state agency must comply with the provisions of RCW 39.35C.040.
[ 2023 c 309 s 4; 2015 c 79 s 10; 1996 c 186 s 409; 1991 c 201 s 6.]
Notes:
Expiration date—2023 c 309 ss 2-5: See note following RCW 39.35A.020.
Findings—Intent—Part headings not law—Effective date—1996 c 186: See notes following RCW 43.330.904.
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RCW 39.35C.050
Authority of state agencies and school districts to implement conservation. (Effective June 30, 2033.)
In addition to any other authorities conferred by law:
(1) The department, with the consent of the state agency or school district responsible for a facility, a state or regional university acting independently, and any other state agency acting through the department or as otherwise authorized by law, may:
(a) Develop and finance conservation at public facilities in accordance with express provisions of this chapter;
(b) Contract for energy services, including performance-based contracts;
(c) Contract to sell energy savings from a conservation project at public facilities to local utilities or the Bonneville power administration.
(2) A state or regional university acting independently, and any other state agency acting through the department or as otherwise authorized by law, may undertake procurements for third-party development of conservation at its facilities.
(3) A school district may:
(a) Develop and finance conservation at school district facilities;
(b) Contract for energy services, including performance-based contracts at school district facilities; and
(c) Contract to sell energy savings from energy conservation projects at school district facilities to local utilities or the Bonneville power administration directly or to local utilities or the Bonneville power administration through third parties.
(4) In exercising the authority granted by subsections (1), (2), and (3) of this section, a school district or state agency must comply with the provisions of RCW 39.35C.040.
[ 2015 c 79 s 10; 1996 c 186 s 409; 1991 c 201 s 6.]
Notes:
Findings—Intent—Part headings not law—Effective date—1996 c 186: See notes following RCW 43.330.904.

catchline: Authority of state agencies and school districts to implement conservation—Energy as a service contracts. (Effective until June 30, 2033.)


title: RCW 39.35C.060

text:
State agencies, public school districts, public universities, and municipalities may use financing contracts under chapter 39.94 RCW, as well as performance-based contracts, to provide all or part of the funding for conservation projects. The department shall determine the eligibility of such projects for financing contracts. The repayments of the financing contracts or performance-based contracts shall be sufficient to pay, when due, the principal and interest on the contracts or the services payments over the agreed upon term. Performance-based contracts entered into by state agencies, public school districts, public universities, and municipalities under chapter 309, Laws of 2023 that include the purchase of real or personal property are subject to the requirements of chapter 39.94 RCW. Pursuant to chapter 39.94 RCW, no later than December 31, 2023, the department shall complete development of approved model contracts authorized by chapter 309, Laws of 2023.
[ 2023 c 309 s 5; 1996 c 186 s 410; 1991 c 201 s 7.]
Notes:
Expiration date—2023 c 309 ss 2-5: See note following RCW 39.35A.020.
Findings—Intent—Part headings not law—Effective date—1996 c 186: See notes following RCW 43.330.904.
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RCW 39.35C.060
Authority to finance conservation in school districts and state agencies. (Effective June 30, 2033.)
State agencies may use financing contracts under chapter 39.94 RCW to provide all or part of the funding for conservation projects. The department shall determine the eligibility of such projects for financing contracts. The repayments of the financing contracts shall be sufficient to pay, when due, the principal and interest on the contracts.
[ 1996 c 186 s 410; 1991 c 201 s 7.]
Notes:
Findings—Intent—Part headings not law—Effective date—1996 c 186: See notes following RCW 43.330.904.

catchline: Authority to finance conservation in state agencies, public school districts, public universities, and municipalities. (Effective until June 30, 2033.)


title: RCW 39.35C.070

text:
(1) Consistent with the region's need to develop cost-effective, high-efficiency electric energy resources, the state shall investigate and, if appropriate, pursue development of cost-effective opportunities for cogeneration in existing or new state facilities.
(2) To assist state agencies in identifying, evaluating, and developing potential cogeneration projects at their facilities, the department shall notify state agencies of their responsibilities under this chapter; apprise them of opportunities to develop and finance such projects; and provide technical and analytical support. The department shall recover costs for such assistance through written agreements, including reimbursement from third parties participating in such projects, for any costs and expenses incurred in providing such assistance.
(3)(a) The department shall identify priorities for cogeneration projects at state facilities, and, where such projects are initially deemed desirable by the department and the appropriate state agency, the department shall notify the local utility serving the state facility of its intent to conduct a feasibility study at such facility. The department shall consult with the local utility and provide the local utility an opportunity to participate in the development of the feasibility study for the state facility it serves.
(b) If the local utility has an interest in participating in the feasibility study, it shall notify the department and the state agency whose facility or facilities it serves within sixty days of receipt of notification pursuant to (a) of this subsection as to the nature and scope of its desired participation. The department, state agency, and local utility shall negotiate the responsibilities, if any, of each in conducting the feasibility study, and these responsibilities shall be specified in a written agreement.
(c) If a local utility identifies a potential cogeneration project at a state facility for which it intends to conduct a feasibility study, it shall notify the department and the appropriate state agency. The department, state agency, and local utility shall negotiate the responsibilities, if any, of each in conducting the feasibility study, and these responsibilities shall be specified in a written agreement. Nothing in this section shall preclude a local utility from conducting an independent assessment of a potential cogeneration project at a state facility.
(d) Agreements written pursuant to (a) and (b) of this subsection shall include a provision for the recovery of costs incurred by a local utility in performing a feasibility study in the event such utility does not participate in the development of the cogeneration project. If the local utility does participate in the cogeneration project through energy purchase, project development or ownership, recovery of the utility's costs may be deferred or provided for through negotiation on agreements for energy purchase, project development or ownership.
(e) If the local utility declines participation in the feasibility study, the department and the state agency may receive and solicit proposals to conduct the feasibility study from other parties. Participation of these other parties shall also be secured and defined by a written agreement which may include the provision for reimbursement of costs incurred in the formulation of the feasibility study.
(4) The feasibility study shall include consideration of regional and local utility needs for power, the consistency of the proposed cogeneration project with the state energy strategy, the cost and certainty of fuel supplies, the value of electricity produced, the capability of the state agency to own and/or operate such facilities, the capability of utilities or third parties to own and/or operate such facilities, requirements for and costs of standby sources of power, costs associated with interconnection with the local electric utility's transmission system, the capability of the local electric utility to wheel electricity generated by the facility, costs associated with obtaining wheeling services, potential financial risks and losses to the state and/or state agency, measures to mitigate the financial risk to the state and/or state agency, and benefits to the state and to the state agency from a range of design configurations, ownership, and operation options.
(5) Based upon the findings of the feasibility study, the department and the state agency shall determine whether a cogeneration project will be cost-effective and whether development of a cogeneration project should be pursued. This determination shall be made in consultation with the local utility or, if the local utility had not participated in the development of the feasibility study, with any third party that may have participated in the development of the feasibility study.
(a) Recognizing the local utility's expertise, knowledge, and ownership and operation of the local utility systems, the department and the state agency shall have the authority to negotiate directly with the local utility for the purpose of entering into a sole source contract to develop, own, and/or operate the cogeneration facility. The contract may also include provisions for the purchase of electricity or thermal energy from the cogeneration facility, the acquisition of a fuel source, and any financial considerations which may accrue to the state from ownership and/or operation of the cogeneration facility by the local utility.
(b) The department may enter into contracts through competitive negotiation under this subsection for the development, ownership, and/or operation of a cogeneration facility. In determining an acceptable bid, the department and the state agency may consider such factors as technical knowledge, experience, management, staff, or schedule, as may be necessary to achieve economical construction or operation of the project. The selection of a developer or operator of a cogeneration facility shall be made in accordance with procedures for competitive bidding under chapter 43.19 RCW.
(c) The department shall comply with the requirements of chapter 39.80 RCW when contracting for architectural or engineering services.
(6)(a) The state may own and/or operate a cogeneration project at a state facility. However, unless the cogeneration project is determined to be cost-effective, based on the findings of the feasibility study, the department and state agency shall not pursue development of the project as a state-owned facility. If the project is found to be cost-effective, and the department and the state agency agree development of the cogeneration project should be pursued as a state-owned and/or operated facility, the department shall assist the state agency in the preparation of a finance and development plan for the cogeneration project. Any such plan shall fully account for and specify all costs to the state for developing and/or operating the cogeneration facility.
(b) It is the general intent of this chapter that cogeneration projects developed and owned by the state will be sized to the projected thermal energy load of the state facility over the useful life of the project. The principal purpose and use of such projects is to supply thermal energy to a state facility and not primarily to develop generating capacity for the sale of electricity. For state-owned projects with electricity production in excess of projected thermal requirements, the department shall seek and obtain legislative appropriation and approval for development. Nothing in chapter 201, Laws of 1991 shall be construed to authorize any state agency to sell electricity or thermal energy on a retail basis.
(7) When a cogeneration facility will be developed, owned, and/or operated by a state agency or third party other than the local serving utility, the department and the state agency shall negotiate a written agreement with the local utility. Elements of such an agreement shall include provisions to ensure system safety, provisions to ensure reliability of any interconnected operations equipment necessary for parallel operation and switching equipment capable of isolating the generation facility, the provision of and reimbursement for standby services, if required, and the provision of and reimbursement for wheeling electricity, if the provision of such has been agreed to by the local utility.
(8) The state may develop and own a thermal energy distribution system associated with a cogeneration project for the principal purpose of distributing thermal energy at the state facility. If thermal energy is to be sold outside the state facility, the state may only sell the thermal energy to a utility.
[ 1996 c 186 s 411; 1991 c 201 s 8.]
Notes:
Findings—Intent—Part headings not law—Effective date—1996 c 186: See notes following RCW 43.330.904.

catchline: Development of cogeneration projects.


title: RCW 39.35C.080

text:
It is the intention of chapter 201, Laws of 1991 that the state and its agencies are compensated fairly for the energy provided to utilities from cogeneration at state facilities. Such compensation may include revenues from sales of electricity or thermal energy to utilities, lease of state properties, and value of thermal energy provided to the facility. It is also the intent of chapter 201, Laws of 1991 that the state and its agencies be accorded the opportunity to compete on a fair and reasonable basis to fulfill a utility's new resource acquisition needs when selling the energy produced from cogeneration projects at state facilities through energy purchase agreements.
(1)(a) The department and state agencies may participate in any utility request for resource proposal process, as either established under the rules and regulations of the utilities and transportation commission, or by the governing board of a public utility district, municipal utility, cooperative, or mutual.
(b) If a local utility does not have a request for resource proposal pending, the energy office [department] or a state agency may negotiate an equitable and mutually beneficial energy purchase agreement with that utility.
(2) To ensure an equitable allocation of benefits to the state and its agencies, the following conditions shall apply to energy purchase agreements negotiated between utilities and state agencies:
(a) An energy purchase agreement shall be approved by both the department and the affected state agency.
(b) The department and the state agency shall work together throughout the planning and negotiation process for energy purchase agreements, unless the department determines that its participation will not further the purposes of this section.
(c) Before approving an energy purchase agreement, the department shall review the proposed agreement for its technical and economic feasibility, the degree of certainty of benefits, the degree of financial risk assumed by the state and/or the state agency, the benefits offered to the state and/or state agency, and other such factors as the department deems prudent. The department shall approve an energy purchase agreement unless it finds that such an agreement would not result in an equitable allocation of costs and benefits, in which case the transaction shall be disapproved.
(3)(a) The state or state agency shall comply with and shall be bound by applicable avoided cost schedules, electric power wheeling charges, interconnection requirements, utility tariffs, and regulatory provisions to the same extent it would be required to comply and would be bound if it were a private citizen. The state shall neither seek regulatory advantage, nor change regulations, regulatory policy, process, or decisions to its advantage as a seller of cogenerated energy. Nothing contained in chapter 201, Laws of 1991 shall be construed to mandate or require public or private utilities to wheel electric energy resources within or beyond their service territories. Nothing in chapter 201, Laws of 1991 authorizes any state agency or school district to make any sale of energy or waste heat beyond the explicit provisions of chapter 201, Laws of 1991. Nothing contained in chapter 201, Laws of 1991 requires a utility to purchase energy from the state or a state agency or enter into any agreement in connection with a cogeneration facility.
(b) The state shall neither construct, nor be party to an agreement for developing a cogeneration project at a state facility for the purpose of supplying its own electrical needs, unless it can show that such an arrangement would be in the economic interest of the state taking into account the cost of (i) interconnection requirements, as specified by the local electric utility, (ii) standby charges, as may be required by the local electric utility, and (iii) the current price of electricity offered by the local electric utility. If the local electric utility can demonstrate that the cogeneration project may place an undue burden on the electric utility, the department or the state agency shall attempt to negotiate a mutually beneficial agreement that would minimize the burden upon the ratepayers of the local electric utility.
(4) Any party to an energy purchase agreement may, within thirty days of any decision made pursuant to subsection (2)(c) of this section to disapprove the agreement made pursuant to this section, request an independent reviewer who is mutually agreeable to all parties to review the decision. The parties shall within thirty days of selection submit to the independent reviewer documentation supporting their positions. The independent reviewer shall render advice regarding the validity of the disapproval within an additional thirty days.
(5) For the purposes of this section, "waste heat" means the thermal energy that otherwise would be released to the environment from an industrial process, electric generation, or other process.
[ 1996 c 186 s 412; 1996 c 33 s 4; 1991 c 201 s 9.]
Notes:
Reviser's note: This section was amended by 1996 c 33 s 4 and by 1996 c 186 s 412, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Findings—Intent—Part headings not law—Effective date—1996 c 186: See notes following RCW 43.330.904.
Findings—1996 c 33: See note following RCW 80.04.550.

catchline: Sale of cogenerated electricity and thermal energy.


title: RCW 39.35C.090

text:
In addition to any other authorities conferred by law:
(1) The department, with the consent of the state agency responsible for a facility, a state or regional university acting independently, and any other state agency acting through the department or as otherwise authorized by law, may:
(a) Contract to sell electric energy generated at state facilities to a utility; and
(b) Contract to sell thermal energy produced at state facilities to a utility.
(2) A state or regional university acting independently, and any other state agency acting through the department or as otherwise authorized by law, may:
(a) Acquire, install, permit, construct, own, operate, and maintain cogeneration and facility heating and cooling measures or equipment, or both, at its facilities;
(b) Lease state property for the installation and operation of cogeneration and facility heating and cooling equipment at its facilities;
(c) Contract to purchase all or part of the electric or thermal output of cogeneration plants at its facilities;
(d) Contract to purchase or otherwise acquire fuel or other energy sources needed to operate cogeneration plants at its facilities; and
(e) Undertake procurements for third-party development of cogeneration projects at its facilities, with successful bidders to be selected based on the responsible bid, including nonprice elements listed in RCW 39.26.160, that offers the greatest net achievable benefits to the state and its agencies.
(3) After July 28, 1991, a state agency shall consult with the department prior to exercising any authority granted by this section.
(4) In exercising the authority granted by subsections (1) and (2) of this section, a state agency must comply with the provisions of RCW 39.35C.080.
[ 2015 c 79 s 11; 1996 c 186 s 413; 1991 c 201 s 10.]
Notes:
Findings—Intent—Part headings not law—Effective date—1996 c 186: See notes following RCW 43.330.904.

catchline: Additional authority of state agencies.


title: RCW 39.35C.130

text:
The department may adopt rules to implement RCW 39.35C.020 through 39.35C.040, 39.35C.070, 39.35C.080, and 39.35.050.
[ 1996 c 186 s 416; 1991 c 201 s 17.]
Notes:
Findings—Intent—Part headings not law—Effective date—1996 c 186: See notes following RCW 43.330.904.

catchline: Adoption of rules.


title: RCW 39.35C.140

text:
For purposes of this chapter:
(1) Conservation may be achieved through the deployment of distributed energy resources; and
(2) Distributed energy resources include, but are not limited to, energy efficiency projects that are not cogeneration projects, energy storage, demand response, electric vehicle charging infrastructure, and grid-interactive efficient buildings.
[ 2022 c 128 s 4.]


title: RCW 39.35C.150

text:
(1) The objective of chapter 309, Laws of 2023 is to promote private-public partnerships to reduce the amount of deferred maintenance required by the clean building performance standard and decarbonize buildings and central energy systems in public facilities in a cost-effective manner.
(2) By June 30, 2031, the department must submit a report to the governor and the appropriate committees of the legislature on the adoption rate and cost-effectiveness of the performance-based contract authorized under chapter 309, Laws of 2023. The report must include:
(a) The number of performance-based contracts issued;
(b) The cost-effectiveness of performance-based contracts issued, compared to alternative available financing mechanisms, including certificates of participation;
(c) Recommendations to improve the use of performance-based contracts; and
(d) Any other significant information associated with the implementation of chapter 309, Laws of 2023.
(3) It is the intent of the legislature to consider the findings of the report and extend the expiration date of chapter 309, Laws of 2023 if performance-based contracts are achieving the legislative objective.
(4) This section expires June 30, 2033.
[ 2023 c 309 s 1.]

catchline: Private-public partnerships—Performance-based contracts—Report. (Expires June 30, 2033.)


title: RCW 39.35D.010

text:
(1) The legislature finds that public buildings can be built and renovated using high-performance methods that save money, improve school performance, and make workers more productive. High-performance public buildings are proven to increase student test scores, reduce worker absenteeism, and cut energy and utility costs.
(2) It is the intent of the legislature that state-owned buildings and schools be improved by adopting recognized standards for high-performance public buildings, reducing energy consumption, and allowing flexible methods and choices in how to achieve those standards and reductions. The legislature also intends that public agencies and public school districts shall document costs and savings to monitor this program and ensure that economic, community, and environmental goals are achieved each year, and that an independent performance review be conducted to evaluate this program and determine the extent to which the results intended by this chapter are being met.
(3) The legislature further finds that state agency leadership is needed in the development of preparation and adaptation actions for climate change to ensure the economic health, safety, and environmental well-being of the state and its citizens.
[ 2009 c 519 s 8; 2005 c 12 s 1.]
Notes:
Findings—2009 c 519: See RCW 70A.05.900.

catchline: Finding—Intent.


title: RCW 39.35D.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of enterprise services.
(2) "High-performance public buildings" means high-performance public buildings designed, constructed, and certified to a standard as identified in this chapter.
(3) "Institutions of higher education" means the state universities, the regional universities, The Evergreen State College, the community colleges, and the technical colleges.
(4) "LEED silver standard" means the United States green building council leadership in energy and environmental design green building rating standard, referred to as silver standard.
(5)(a) "Major facility project" means: (i) A construction project larger than five thousand gross square feet of occupied or conditioned space as defined in the Washington state energy code; or (ii) a building renovation project when the cost is greater than fifty percent of the assessed value and the project is larger than five thousand gross square feet of occupied or conditioned space as defined in the Washington state energy code.
(b) "Major facility project" does not include: (i) Projects for which the department, public school district, or other applicable agency and the design team determine the LEED silver standard or the Washington sustainable school design protocol to be not practicable; or (ii) transmitter buildings, pumping stations, hospitals, research facilities primarily used for sponsored laboratory experimentation, laboratory research, or laboratory training in research methods, or other similar building types as determined by the department. When the LEED silver standard is determined to be not practicable for a project, then it must be determined if any LEED standard is practicable for the project. If LEED standards or the Washington sustainable school design protocol are not followed for the project, the public school district or public agency shall report these reasons to the department.
(6) "Public agency" means every state office, officer, board, commission, committee, bureau, department, and public higher education institution.
(7) "Public school district" means a school district eligible to receive state basic education moneys pursuant to RCW 28A.150.250 and 28A.150.260.
(8) "Washington sustainable school design protocol" means the school design protocol and related information developed by the office of the superintendent of public instruction, in conjunction with school districts and the school facilities advisory board.
[ 2011 1st sp.s. c 43 s 249; 2006 c 263 s 330; 2005 c 12 s 2.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230.

catchline: Definitions.


title: RCW 39.35D.030

text:
(1) All major facility projects of public agencies receiving any funding in a state capital budget, or projects financed through a financing contract as defined in RCW 39.94.020, must be designed, constructed, and certified to at least the LEED silver standard. This subsection applies to major facility projects that have not entered the design phase prior to July 24, 2005, and to the extent appropriate LEED silver standards exist for that type of building or facility.
(2) All major facility projects of any entity other than a public agency or public school district receiving any funding in a state capital budget must be designed, constructed, and certified to at least the LEED silver standard. This subsection applies to major facility projects that have not entered the grant application process prior to July 24, 2005, and to the extent appropriate LEED silver standards exist for that type of building or facility.
(3)(a) Public agencies, under this section, shall monitor and document ongoing operating savings resulting from major facility projects designed, constructed, and certified as required under this section.
(b) Public agencies, under this section, shall report annually to the department on major facility projects and operating savings.
(4) The department shall consolidate the reports required in subsection (3) of this section into one report and report to the governor and legislature by September 1st of each even-numbered year beginning in 2006 and ending in 2016. In its report, the department shall also report on the implementation of this chapter, including reasons why the LEED standard was not used as required by RCW 39.35D.020(5)(b). The department shall make recommendations regarding the ongoing implementation of this chapter, including a discussion of incentives and disincentives related to implementing this chapter.
(5) For the purposes of determining compliance with the requirement for a project to be designed, constructed, and certified to at least the LEED silver standard, the department must credit one additional point for a project that uses wood products with a credible third-party sustainable forest certification or from forests regulated under chapter 76.09 RCW, the Washington forest practices act. For projects that qualify for this additional point, and for which an additional point would have resulted in formal certification under the LEED silver standard, the project must be deemed to meet the standard under this section.
(6) During the 2023-2025 and 2025-2027 fiscal biennia, an alternative high-performance building certification, as determined by the legislature, may be used instead of the LEED silver building design, construction, and certification standard required by this section.
[ 2025 c 414 s 8031; 2023 c 474 s 8029; 2021 c 332 s 7049; 2011 c 99 s 1; 2005 c 12 s 3.]
Notes:
Effective date—2025 c 414: See note following RCW 79A.25.210.
Conflict with federal requirements—Effective date—2023 c 474: See notes following RCW 28A.320.330.
Effective date—2021 c 332: See note following RCW 43.19.501.

catchline: Standards for major facility projects—Annual reports.


title: RCW 39.35D.040

text:
(1) All major facility projects of public school districts receiving any funding in a state capital budget must be designed and constructed to at least the LEED silver standard or the Washington sustainable school design protocol. To the extent appropriate LEED silver or Washington sustainable school design protocol standards exist for the type of building or facility, this subsection applies to major facility projects that have not received project approval from the superintendent of public instruction prior to: (a) July 1, 2006, for volunteering school districts; (b) July 1, 2007, for class one school districts; and (c) July 1, 2008, for class two school districts.
(2) Public school districts under this section shall: (a) Monitor and document appropriate operating benefits and savings resulting from major facility projects designed and constructed as required under this section for a minimum of five years following local board acceptance of a project receiving state funding; and (b) report annually to the superintendent of public instruction. The form and content of each report must be mutually developed by the office of the superintendent of public instruction in consultation with school districts.
(3) The superintendent of public instruction shall consolidate the reports required in subsection (2) of this section into one report and report to the governor and legislature by September 1st of each even-numbered year beginning in 2006 and ending in 2016. In its report, the superintendent of public instruction shall also report on the implementation of this chapter, including reasons why the LEED standard or Washington sustainable school design protocol was not used as required by RCW 39.35D.020(5)(b). The superintendent of public instruction shall make recommendations regarding the ongoing implementation of this chapter, including a discussion of incentives and disincentives related to implementing this chapter.
(4) The superintendent of public instruction shall develop and issue guidelines for administering this chapter for public school districts. The purpose of the guidelines is to define a procedure and method for employing and verifying compliance with the LEED silver standard or the Washington sustainable school design protocol.
(5) The superintendent of public instruction shall utilize the school facilities advisory board as a high-performance buildings advisory committee comprised of affected public schools, the superintendent of public instruction, the department, and others at the superintendent of public instruction's discretion to provide advice on implementing this chapter. Among other duties, the advisory committee shall make recommendations regarding an education and training process and an ongoing evaluation or feedback process to help the superintendent of public instruction implement this chapter.
(6) For projects that comply with this section by meeting the LEED silver standard, the superintendent of public instruction must credit one additional point for a project that uses wood products with a credible third-party sustainable forest certification or from forests regulated under chapter 76.09 RCW, the Washington forest practices act. For projects that qualify for this additional point, and for which an additional point would have resulted in formal certification under the LEED silver standard, the project must be deemed to meet the requirements of subsection (1) of this section.
[ 2011 c 99 s 2; 2006 c 263 s 331; 2005 c 12 s 4.]
Notes:
Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230.

catchline: Public school district major facility projects—Standards—Annual reports—Advisory committee.


title: RCW 39.35D.050

text:
On or before January 1, 2009, the department and the superintendent of public instruction shall summarize the reports submitted under RCW 39.35D.030(4) and 39.35D.040(3) and submit the individual reports to the legislative committees on capital budget and ways and means for review of the program's performance and consideration of any changes that may be needed to adapt the program to any new or modified standards for high-performance buildings that meet the intent of this chapter.
[ 2005 c 12 s 5.]

catchline: Annual reports—Submission to legislature.


title: RCW 39.35D.060

text:
(1)(a) The department, in consultation with affected public agencies, shall develop and issue guidelines for administering this chapter for public agencies. The purpose of the guidelines is to define a procedure and method for employing and verifying activities necessary for certification to at least the LEED silver standard for major facility projects.
(b) The department and the office of the superintendent of public instruction shall amend their fee schedules for architectural and engineering services to accommodate the requirements in the design of major facility projects under this chapter.
(c) The department and the office of the superintendent of public instruction shall procure architecture and engineering services consistent with chapter 39.80 RCW.
(d) Major facility projects designed to meet standards identified in this chapter must include building commissioning as a critical cost-saving part of the construction process. This process includes input from the project design and construction teams and the project ownership representatives.
(e) As provided in the request for proposals for construction services, the operating agency shall hold a preproposal conference for prospective bidders to discuss compliance with and achievement of standards identified in this chapter for prospective respondents.
(2) The department shall create a high-performance buildings advisory committee comprised of representatives from the design and construction industry involved in public works contracting, personnel from the affected public agencies responsible for overseeing public works projects, the office of the superintendent of public instruction, and others at the department's discretion to provide advice on implementing this chapter. Among other duties, the advisory committee shall make recommendations regarding an education and training process and an ongoing evaluation or feedback process to help the department implement this chapter.
(3) The department and the office of the superintendent of public instruction shall adopt rules to implement this section.
[ 2006 c 263 s 332; 2005 c 12 s 6.]
Notes:
Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230.

catchline: Guidelines for administration of chapter—Amendment of fee schedules—Architecture and engineering services—Building commissioning—Preproposal conferences—Advisory committee.


title: RCW 39.35D.070

text:
A member of the design or construction teams may not be held liable for the failure of a major facility project to meet the LEED silver standard or other LEED standard established for the project as long as a good faith attempt was made to achieve the LEED standard set for the project.
[ 2005 c 12 s 10.]

catchline: Liability for failure to meet standards.


title: RCW 39.35D.080

text:
Except as provided in this section, affordable housing projects funded out of the state capital budget are exempt from the provisions of this chapter. On or before July 1, 2008, the department of commerce shall identify, implement, and apply a sustainable building program for affordable housing projects that receive housing trust fund (under chapter 43.185A RCW) funding in a state capital budget. The department of commerce shall not develop its own sustainable building standard, but shall work with stakeholders to adopt an existing sustainable building standard or criteria appropriate for affordable housing. Any application of the program to affordable housing, including any monitoring to track the performance of either sustainable features or energy standards or both, is the responsibility of the department of commerce. Beginning in 2009 and ending in 2016, the department of commerce shall report to the department as required under RCW 39.35D.030(3)(b).
[ 2023 c 275 s 16; 2005 c 12 s 12.]

catchline: Affordable housing projects—Exemption.


title: RCW 39.35D.090

text:
It is the intent and an established goal of the LEED program as authored by the United States green building council to increase demand for building materials and products that are extracted and manufactured locally, thereby reducing the environmental impacts and to support the local economy. Therefore, it is the intent of the legislature to emphasize this defined goal and establish a priority to use Washington state based resources, building materials, products, industries, manufacturers, and other businesses to provide economic development to Washington state and to meet the objectives of this chapter.
[ 2005 c 12 s 13.]

catchline: Use of local building materials and products—Intent.


title: RCW 39.35D.100

text:
(1)(a) The legislature intends to encourage the use of landscaping design techniques that meet the highest standards for water efficiency in the design and construction of state-funded buildings. Except as provided in subsection (2) of this section, any public agency, public school district, or other entity undertaking a major facility project subject to the requirements of RCW 39.35D.030 or 39.35D.040 are encouraged to design and construct such projects to receive all practical water efficient landscaping credits available under the United States green building council rating system, international green construction code, other nationally recognized consensus standard, or the Washington sustainable school design protocol, as each standard existed on June 11, 2020. Entities undertaking major facility projects may consider costs and potential benefits when determining the practicality of incorporating water efficient landscaping measures into the design and construction of the projects.
(b) Water efficient landscaping techniques may include:
(i) Reducing or eliminating the use of potable water for irrigation; and
(ii) Configuring irrigation and sprinkler systems to avoid spraying water directly on buildings, sidewalks, or other hardscapes.
(2) This section does not apply to athletic fields or other project elements that are eligible for exclusion from water efficient landscaping standards under either the United States green building council rating system, international green construction code, other nationally recognized consensus standard, or the Washington sustainable school design protocol, as each standard existed on June 11, 2020.
(3)(a) Nothing in this section may prohibit or restrict the use of wildfire ignition resistant landscaping, including the establishment and maintenance of a fire buffer in the building ignition zone, in the design and construction of major facility projects subject to the requirements of RCW 39.35D.030 or 39.35D.040.
(b) The definitions in this subsection (3)(b) apply throughout this subsection unless the context clearly requires otherwise.
(i) "Building ignition zone" means a building and surrounding area up to two hundred feet from the foundation.
(ii) "Firewise" means the firewise communities program developed by the national fire protection association, which encourages local solutions for wildfire safety by involving homeowners, community leaders, planners, developers, firefighters, and others in the effort to protect people and property from wildfire risks.
(iii) "Wildfire ignition resistant landscaping" includes:
(A) Any landscaping tools or techniques, or noninvasive vegetation, that do not readily ignite from a flame or other ignition source; or
(B) The use of firewise methods to reduce ignition risk in a building ignition zone.
[ 2020 c 9 s 5.]
Notes:
Findings—Intent—2020 c 9: See note following RCW 64.38.057.

catchline: Water efficient landscaping techniques—Intent—Athletic fields, other project elements—Wildfire ignition resistant landscaping.


title: RCW 39.35D.800

text:
The joint legislative audit and review committee, or its successor legislative agency, shall conduct a performance review of the high-performance buildings program established under this chapter.
(1) The performance audit shall include, but not be limited to:
(a) The identification of the costs of implementation of high-performance building[s] standards in the design and construction of major facility projects subject to this chapter;
(b) The identification of operating savings attributable to the implementation of high-performance building[s] standards, including but not limited to savings in energy, utility, and maintenance costs;
(c) The identification of any impacts of high-performance buildings standards on worker productivity and student performance; and
(d) An evaluation of the effectiveness of the high-performance building[s] standards established under this chapter, and recommendations for any changes in those standards that may be supported by the committee's findings.
(2) The committee shall make a preliminary report of its findings and recommendations on or before December 1, 2010, and a final report on or before July 1, 2011.
[ 2005 c 12 s 14.]

catchline: Performance review—Report.