2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.35A - Performance-Based Contracts for Water Conservation, Solid Waste Reduction, and Energy Equipment. › 39.35A.020 - Definitions.

RCW 39.35A.020
Definitions. (Effective until 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. 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 § 2; 2022 c 128 § 2; 2007 c 39 § 2; 2001 c 214 § 18; 1985 c 169 § 2.]
NOTES:
Expiration date—2023 c 309 §§ 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 § 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.
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 § 2; 2007 c 39 § 2; 2001 c 214 § 18; 1985 c 169 § 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.