2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.35C - Energy Conservation Projects. › 39.35C.010 - Definitions.

RCW 39.35C.010
Definitions. (Effective until 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)(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 § 3; 2022 c 128 § 1. Prior: 2011 1st sp.s. c 43 § 248; 2007 c 39 § 4; 2001 c 214 § 20; 1996 c 186 § 405; 1991 c 201 § 2.]
NOTES:
Expiration date—2023 c 309 §§ 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.
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 § 1. Prior: 2011 1st sp.s. c 43 § 248; 2007 c 39 § 4; 2001 c 214 § 20; 1996 c 186 § 405; 1991 c 201 § 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.