Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-444 - Clean energy transformation rule › Part II - Energy transformation projects › Section 173-444-070 - Criteria for energy transformation projects

Current through Register Vol. 24-14, July 15, 2024
(1) Criteria for use by electric utilities
				and the manner in which to use them for projects intended to serve as energy
				transformation projects will exist in a comprehensive protocol authored and
				maintained by ecology, as well as in supporting documents derived from a
				variety of sources.
(2) The goal of
				the comprehensive protocol is to ensure that the criteria, standards, elements,
				and requirements established in
				RCW
				   19.405.020(18),
				19.405.040,
				and
				19.405.100(7) are clearly defined, relevant to, and actionable for projects that conform to
				eligible categories of energy transformation projects. The comprehensive
				protocol will be applicable to project proponents, electric utilities,
				verification entities, oversight authorities, and interested parties.
(3) At a minimum the comprehensive protocol
				will include context, instructions, quantitative factors, methodologies,
				procedures, data, and external references to address the following:
(a) Applicability (pursuant to
				RCW
				   19.405.020(18)(a)) :
				Description of the range of projects to which the protocol applies in a manner
				consistent with the list of eligible categories of energy transformation
				projects developed and maintained through WAC 173-444-060.
(b) Assessment parameters (pursuant to RCW
				19.405.-020 (18)(a) and 19-405-040(3)):
(i)
				Identification of the primary effects of the project, including fossil fuel
				reductions and energy impacts; which will be necessary for analysis and
				included in the project plan; and
(ii) Key secondary effects, such as benefits
				to utility customers, and the geographic regions in which these effects occur
				which are, at a minimum, important inputs into other elements of the project
				plan.
(c) Temporal scope
				(pursuant to
				RCW
				   19.405.040(2)(a), (b), and
				(d)) :
(i)
				Identification of the time scale over which the project is expected to persist;
				and
(ii) The capability of the
				project to provide the projected or expected level of benefits over time, in
				addition to any procedures for ensuring those benefits over time.
(d) Quantification methods
				(pursuant to RCW 19.405.-040 (2)(a), (b), and (4)):
(i) Methodologies to be employed to measure
				or estimate energy benefits, emission reductions and other effects from the
				project categories address in the comprehensive protocol, potentially varying
				from project category to project category; and
(ii) Proration methods, as applicable to a
				particular project category, to distinguish and separate electricity use from
				fossil fuel effects; and
(iii)
				Conversion factors for greenhouse gas emissions from projects, to be used as
				directed in the relevant methodologies to ensure the project benefits can be
				expressed in units of energy for compliance purposes if the use of direct
				energy benefits are not appropriate.
(e) Baseline procedures (pursuant to
				RCW
				   19.405.040(2)(a), (b), and
				(4)) : Conditions and procedures by which to
				establish a baseline or benchmark against which to measure project performance
				over time.
(f) Equity effects
				(pursuant to
				RCW
				   19.405.020(18)(a) and
				19.405.040(8)):
(i) Narrative or analysis sufficient to
				contribute to the overall demonstration, consistent with the requirements of an
				approving body or regulatory agency to implement
				RCW
				   19.405.040(8), that the
				benefits to utility customers identified in (b) of this subsection are
				occurring through:
(A) An equitable
				distribution of energy and nonenergy benefits and reduction of burdens to
				vulnerable populations and highly impacted communities; and
(B) Long-term and short-term public health
				and environmental benefits and reduction of costs and risks; and
(C) Energy security and resiliency.
(ii) Any other information to
				ensure that the project plan provides the necessary information and inputs for
				any determinations, processes, or other steps required by the approving bodies
				or regulatory agencies for their assessment of the equity requirements in
				chapter 19.405 RCW.
(g)
				Fossil fuel effects (pursuant to
				RCW
				   19.405.040(3)) : Analysis
				sufficient to demonstrate that the project does not create a new use of fossil
				fuels resulting in a net increase of fossil fuel usage.
(h) Additionality tests (pursuant to
				RCW
				   19.405.040(2) (e) and (f)) :
(i) Procedures or demonstrations that the
				project is not required by another statute, rule, or other legal requirement;
				and
(ii) Not reasonably assumed to
				occur absent the investment in the project, or, if an investment has already
				been made, not reasonably assumed to occur absent additional funding in the
				near future.
(i)
				Monitoring and reporting procedures (pursuant to
				RCW
				   19.405.100(7)) : A
				description of the planned approaches or procedures that ensure that project
				outcomes are measurable, and reported over time through regulatory requirements
				or voluntary action, including any such procedures that an approving body may
				put in place.
(j) Verification
				procedures (pursuant to RCW 19.405.-040 (2)(d) and 19.405.100(7)):
(i) Demonstration or attestation of
				commitment to third-party verification of the project, for the period of time
				for which the benefits of the project are proposed to be applied toward the
				requirements of chapter 19.405 RCW, in a manner consistent with the
				requirements of WAC 173-444-080; and
(ii) Meeting or ensuring compliance with any
				additional project verification requirements for the project category which may
				intersect with any of the criteria identified in this section, such as fuel
				inspections or infrastructure inspections.
(k) Enforcement regimes (pursuant to
				RCW
				   19.405.040(2)(c)) :
				Identification of relevant regulatory or compliance authorities that have
				jurisdiction over aspects of the project to establish which jurisdiction or
				jurisdictions have the authority to enforce, and whether the project is
				enforceable by the state of Washington.