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Chapter 19.27A RCW

ENERGY-RELATED BUILDING STANDARDS

RCW Sections

19.27A.015State energy code -- Minimum and maximum energy code.
19.27A.020State energy code -- Adoption by state building code council -- Preemption of local residential energy codes.
19.27A.025Nonresidential buildings -- Minimum standards -- Amendments.
19.27A.027Personal wireless service facilities exempt from building envelope insulation requirements.
19.27A.035Payments by electric utilities to owners of residential buildings -- Recovery of expenses -- Effect of Pacific Northwest electric power planning and conservation act -- Expiration of subsections.
19.27A.045Maintaining energy code for residential structures.
19.27A.050State building code council -- Construction -- Inclusion of successor agency.
19.27A.060Hot water heaters -- Temperature regulation.
19.27A.070Intent.
19.27A.080Definitions.
19.27A.090Portable oil-fueled heaters -- Sales and use -- Approval required.
19.27A.100Portable oil-fueled heaters -- Requirements for approval.
19.27A.110Portable oil-fueled heaters -- Jurisdiction over approval -- Sale and use governed exclusively.
19.27A.120Violations -- Penalty.
19.27A.130Finding -- 2009 c 423.
19.27A.140Definitions.
19.27A.150Strategic plan -- Development and implementation.
19.27A.160Residential and nonresidential construction -- Energy consumption reduction -- Council report.
19.27A.170Qualifying utilities -- Maintenance of records of energy consumption data -- Disclosure.
19.27A.180Energy performance score -- Implementation strategy -- Development and recommendations.
19.27A.190Qualifying public agency duties -- Energy benchmark -- Performance rating -- Reports.

Notes:

State building code: Chapter 19.27 RCW.


19.27A.015
State energy code — Minimum and maximum energy code.

Except as provided in *RCW 19.27A.020(7), the Washington state energy code for residential buildings shall be the maximum and minimum energy code for residential buildings in each city, town, and county and shall be enforced by each city, town, and county no later than July 1, 1991. The Washington state energy code for nonresidential buildings shall be the minimum energy code for nonresidential buildings enforced by each city, town, and county.

[1990 c 2 § 2.]

Notes:

     *Reviser's note: RCW 19.27A.020 was amended by 2009 c 423 § 4, changing subsection (7) to subsection (6).

     Findings -- 1990 c 2: "The legislature finds that using energy efficiently in housing is one of the lowest cost ways to meet consumer demand for energy; that using energy efficiently helps protect citizens of the state from negative impacts due to changes in energy supply and cost; that using energy efficiently will help mitigate negative environmental impacts of energy use and resource development; and that using energy efficiently will help stretch our present energy resources into the future. The legislature further finds that the electricity surplus in the Northwest is dwindling as the population increases and the economy expands, and that the region will eventually need new sources of electricity generation.

     It is declared policy of the state of Washington that energy be used efficiently. It is the intent of this act to establish residential building standards that bring about the common use of energy efficient building methods, and to assure that such methods remain economically feasible and affordable to purchasers of newly constructed housing." [1990 c 2 § 1.]

     Severability -- 1990 c 2: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1990 c 2 § 13.]

     Effective dates -- 1990 c 2: See note following RCW 19.27.040.




19.27A.020
State energy code — Adoption by state building code council — Preemption of local residential energy codes.

(1) The state building code council shall adopt rules to be known as the Washington state energy code as part of the state building code.

     (2) The council shall follow the legislature's standards set forth in this section to adopt rules to be known as the Washington state energy code. The Washington state energy code shall be designed to:

     (a) Construct increasingly energy efficient homes and buildings that help achieve the broader goal of building zero fossil-fuel greenhouse gas emission homes and buildings by the year 2031;

     (b) Require new buildings to meet a certain level of energy efficiency, but allow flexibility in building design, construction, and heating equipment efficiencies within that framework; and

     (c) Allow space heating equipment efficiency to offset or substitute for building envelope thermal performance.

     (3) The Washington state energy code shall take into account regional climatic conditions. Climate zone 1 shall include all counties not included in climate zone 2. Climate zone 2 includes: Adams, Chelan, Douglas, Ferry, Grant, Kittitas, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, and Whitman counties.

     (4) The Washington state energy code for residential buildings shall be the 2006 edition of the Washington state energy code, or as amended by rule by the council.

     (5) The minimum state energy code for new nonresidential buildings shall be the Washington state energy code, 2006 edition, or as amended by the council by rule.

     (6)(a) Except as provided in (b) of this subsection, the Washington state energy code for residential structures shall preempt the residential energy code of each city, town, and county in the state of Washington.

     (b) The state energy code for residential structures does not preempt a city, town, or county's energy code for residential structures which exceeds the requirements of the state energy code and which was adopted by the city, town, or county prior to March 1, 1990. Such cities, towns, or counties may not subsequently amend their energy code for residential structures to exceed the requirements adopted prior to March 1, 1990.

     (7) The state building code council shall consult with the *department of general administration as provided in RCW
34.05.310 prior to publication of proposed rules. The director of the *department of general administration shall recommend to the state building code council any changes necessary to conform the proposed rules to the requirements of this section.

     (8) The state building code council shall evaluate and consider adoption of the international energy conservation code in Washington state in place of the existing state energy code.

     (9) The definitions in RCW 19.27A.140 apply throughout this section.

[2010 c 271 § 304; 2009 c 423 § 4; 1998 c 245 § 8; 1996 c 186 § 502; 1994 c 226 § 1; 1990 c 2 § 3; 1985 c 144 § 2; 1979 ex.s. c 76 § 3. Formerly RCW 19.27.075.]

Notes:

     *Reviser's note: The "department of general administration" was renamed the "department of enterprise services" by 2011 1st sp.s. c 43 § 107.

     Purpose -- Effective date -- 2010 c 271: See notes following RCW 43.330.005.

     Findings -- Intent -- Part headings not law -- Effective date -- 1996 c 186: See notes following RCW 43.330.904.

     Effective date -- 1994 c 226: "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 shall take effect immediately [April 1, 1994]." [1994 c 226 § 2.]

     Effective dates -- 1990 c 2: See note following RCW 19.27.040.

     Findings -- Severability -- 1990 c 2: See notes following RCW 19.27A.015.

     Severability -- 1985 c 144: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1985 c 144 § 7.]




19.27A.025
Nonresidential buildings — Minimum standards — Amendments.

(1) The minimum state energy code for new nonresidential buildings shall be the Washington state energy code, 1986 edition, as amended. The state building code council may, by rule adopted pursuant to chapter 34.05 RCW, amend that code's requirements for new nonresidential buildings provided that:

     (a) Such amendments increase the energy efficiency of typical newly constructed nonresidential buildings; and

     (b) Any new measures, standards, or requirements adopted must be technically feasible, commercially available, and cost-effective to building owners and tenants.

     (2) In considering amendments to the state energy code for nonresidential buildings, the state building code council shall establish and consult with a technical advisory committee including representatives of appropriate state agencies, local governments, general contractors, building owners and managers, design professionals, utilities, and other interested and affected parties.

     (3) Decisions to amend the Washington state energy code for new nonresidential buildings shall be made prior to December 15th of any year and shall not take effect before the end of the regular legislative session in the next year. Any disputed provisions within an amendment presented to the legislature shall be approved by the legislature before going into effect. A disputed provision is one which was adopted by the state building code council with less than a two-thirds majority vote. Substantial amendments to the code shall be adopted no more frequently than every three years.

[1991 c 122 § 3.]

Notes:

     Findings -- Severability -- 1991 c 122: See notes following RCW 80.04.250.




19.27A.027
Personal wireless service facilities exempt from building envelope insulation requirements.

(1) The state building code council shall exempt equipment shelters of personal wireless service facilities from building envelope insulation requirements.

     (2) For the purposes of this section, "personal wireless service facilities" means facilities for the provision of personal wireless services.

[1996 c 323 § 4.]

Notes:

     Findings -- 1996 c 323: See note following RCW 43.70.600.




19.27A.035
Payments by electric utilities to owners of residential buildings — Recovery of expenses — Effect of Pacific Northwest electric power planning and conservation act — Expiration of subsections.

(1) Electric utilities shall make payments to the owner at the time of construction of a newly constructed residential building with electric resistance space heat built in compliance with the requirements of the Washington state energy code adopted pursuant to RCW 19.27A.020 or a residential energy code in effect pursuant to *RCW 19.27A.020(7). Payments made under this section are only required for residences in which the primary heat source is electric resistance space heat. All or a portion of the funds for payments may be accepted from federal agencies or other sources. Payments are required for residential buildings on which construction has begun on or after July 1, 1991, and prior to July 1, 1995. Payments in an amount equal to a fixed sum of at least nine hundred dollars per single-family residence are required for such buildings so constructed which are single-family residences having two thousand square feet or less of finished floor area. Payments in an amount equal to a fixed sum of at least three hundred ninety dollars per multifamily residential unit, are required for such buildings so constructed which are multifamily residential units. For purposes of this section, a zero lot line home and each unit in a duplex and each attached housing unit in a planned unit development shall each be considered a single-family residence.

     (2) Electric utilities which provide electrical service in jurisdictions in which the local government has adopted an energy code not preempted by *RCW 19.27A.020(7)(b) shall make payments as provided in subsection (1) of this section for residential buildings on which construction has begun on or after March 1, 1990, and prior to July 1, 1991.

     (3) Nothing in this section shall prohibit an electric utility from providing incentives in excess of the payments required by this section or from providing additional incentives for energy efficiency measures in excess of those required under RCW 19.27A.020.

     (4) This section is null and void if any electric utility providing electric service to its customers in the state of Washington purchases at least one percent of its firm energy load from a federal agency, pursuant to section 5.(b)(1) of the Pacific Northwest electric power planning and conservation act (P.L. 96-501), and if such electric utility is unable to obtain from the agency at least fifty percent of the funds to make the payments required by this section. This subsection shall expire June 30, 1995.

     (5) The utilities and transportation commission shall provide an appropriate regulatory mechanism which allows a utility regulated by the commission to recover expenses incurred by the utility in making payments under this section.

     (6) Subsections (1) through (3) of this section shall expire July 1, 1996.

[1993 c 64 § 2; 1990 c 2 § 4.]

Notes:

     *Reviser's note: RCW 19.27A.020 was amended by 2009 c 423 § 4, changing subsection (7) to subsection (6).

     Findings -- 1993 c 64: "The legislature finds that when new energy-efficient residential building codes were enacted in 1990, payments to certain building owners were required in an effort to offset the higher costs of more stringent component levels of residences heated with electricity. The legislature further finds that through the code enacted by the state building code council it is possible for owners of residences with other primary heat sources to qualify for these payments even though the costs of these payments are borne by electricity ratepayers, and that this situation should be corrected." [1993 c 64 § 1.]

     Effective date -- 1993 c 64: "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 shall take effect immediately [April 19, 1993]." [1993 c 64 § 3.]

     Effective dates -- 1990 c 2: See note following RCW 19.27.040.

     Findings -- Severability -- 1990 c 2: See notes following RCW 19.27A.015.




19.27A.045
Maintaining energy code for residential structures.

The state building code council shall maintain the state energy code for residential structures in a status which is consistent with the state's interest as set forth in section 1, chapter 2, Laws of 1990. In maintaining the Washington state energy code for residential structures, beginning in 1996 the council shall review the Washington state energy code every three years. After January 1, 1996, by rule adopted pursuant to chapter 34.05 RCW, the council may amend any provisions of the Washington state energy code to increase the energy efficiency of newly constructed residential buildings. Decisions to amend the Washington state energy code for residential structures shall be made prior to December 1 of any year and shall not take effect before the end of the regular legislative session in the next year.

[1990 c 2 § 5.]

Notes:

     Findings -- Severability -- 1990 c 2: See notes following RCW 19.27A.015.




19.27A.050
State building code council — Construction — Inclusion of successor agency.

As used in this chapter, references to the state building code council shall be construed to include any successor agency.

[2000 c 171 § 45; 1985 c 144 § 5.]

Notes:

     Severability -- 1985 c 144: See note following RCW 19.27A.020.




19.27A.060
Hot water heaters — Temperature regulation.

(1) "Hot water heater" means the primary source of hot water for a residence.

     (2) The thermostat of a new water heater offered for sale or lease in this state for use in a residential unit, shall be preset by the manufacturer no higher than one hundred twenty degrees Fahrenheit (or forty-nine degrees Celsius) or the minimum setting on any water heater which cannot be set as low as that temperature. Water heating systems may utilize higher reservoir temperature if mixing valves are set or systems are designed to restrict the temperature of water to one hundred twenty degrees Fahrenheit.

     (3) Upon occupancy of a new tenant in a residential unit leased or rented in this state, if hot water is supplied from an accessible, individual water heater, the water heater shall be set by the owner or agent at a temperature not higher than one hundred twenty degrees Fahrenheit (forty-nine degrees Celsius) or the minimum setting on any water heater which cannot be set as low as that temperature. Water heating systems may utilize higher reservoir temperature if mixing valves are set or systems are designed to restrict the temperature of water to one hundred twenty degrees Fahrenheit.

     (4) Nothing in this section shall prohibit an owner of an owner-occupied residential unit or resident of a leased or rented residential unit from readjusting the temperature setting after occupancy. Any readjustment of the temperature setting by the resident relieves the owner or agent of an individual residential unit and the manufacturer of water heaters from liability for damages attributed to the readjustment by the resident.

     (5) The utility providing energy for any water heater under this section shall at least annually, include in its billing a statement:

     (a) Recommending that water heaters be set no higher than one hundred twenty degrees Fahrenheit or the minimum setting on a water heater which cannot be set as low as that temperature to prevent severe burns and reduce excessive energy consumption; and

     (b) That the thermostat of an individual water heater furnished in a residential unit leased or rented in this state to new tenants shall be set no higher than one hundred twenty degrees Fahrenheit or the minimum setting on a water heater which cannot be set as low as that temperature pursuant to chapter
19.27 RCW.

     (6) The manufacturer of a water heater under this section which is offered for sale or installed after July 24, 1983, shall have a tag attached to the thermostat access plate or immediately adjacent to exposed thermostats. The tag shall state that the thermostat settings above the preset temperature may cause severe burns and consume excessive energy.

     (7) Nothing in this section requires or permits any inspections other than those otherwise required or permitted by law.

     (8) This section does not apply to multiple-unit residences supplied by central water heater systems.

[1985 c 119 § 1; 1983 c 178 § 2. Formerly RCW 19.27.130.]

Notes:

     Findings -- 1983 c 178: "The legislature recognizes that unnecessarily hot tap or bath water creates an extreme risk of severe burns, especially among the elderly, children, and retarded persons. Annually, numerous persons suffer severe scald burns, some resulting in death, from tap or bath water which is inordinately hot. Excessive tap and bath water temperatures in residential usage is unnecessary for sanitary purposes. Regulation of the setting of water temperatures upon installation can virtually eliminate incidences of dangerous scalding. Further, the legislature finds that projected future shortages of energy in our state could be reduced or prevented by the efficient utilization of existing energy resources. Reducing the temperature settings on thermostats to one hundred twenty degrees Fahrenheit (or forty-nine degrees Celsius) would save energy that is now unnecessarily consumed, reduce homeowners' average utility costs, and promote home safety without any loss of comfort or health." [1983 c 178 § 1.]




19.27A.070
Intent.

It is hereby declared that modern, efficient, safety-tested portable oil-fueled heaters may be offered for sale, sold, and used in this state. However, fire hazards and other dangers to the health, safety, and welfare of the inhabitants of this state may exist absent legislation to provide reasonable assurances that portable oil-fueled heaters offered for sale to, sold to, and used by the inhabitants of this state are modern, efficient, and safety-tested. It is the intent of the legislature to set forth standards for the sale and use of approved portable oil-fueled heaters.

[1983 c 134 § 1. Formerly RCW 19.27.410.]




19.27A.080
Definitions.

Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 19.27A.080 through 19.27A.120.

     (1) "Portable oil-fueled heater" means any nonflue-connected, self-contained, self-supporting, oil-fueled, heating appliance equipped with an integral reservoir, designed to be carried from one location to another.

     (2) "Oil" means any liquid fuel with a flash point of greater than one hundred degrees Fahrenheit, including but not limited to kerosene.

     (3) "Listed" means any portable oil-fueled heater which has been evaluated in accordance with the Underwriters Laboratories, Inc. standard for portable oil-fueled heaters or an equivalent standard and with respect to reasonably foreseeable hazards to life and property by a nationally recognized testing or inspection agency, such as Underwriters Laboratories, Inc., and which has been authorized as being reasonably safe for its specific purpose and shown in a list published by such agency and/or bears the mark, name, and/or symbol of such agency as indication that it has been so authorized. Such evaluation shall include but not be limited to evaluation of the requirements hereinafter set forth.

     (4) "Approved" means any listed portable oil-fueled heater which is deemed approved if it satisfies the requirements set forth herein or adopted under RCW 19.27A.080 through 19.27A.120 and if the supplier certifies to the authority having jurisdiction over the sale and use of the heater that it is listed and in compliance with RCW 19.27A.080 through 19.27A.120.

     (5) "Structure" means any building or completed construction of any kind included in state building code groups M, R-1, R-3, B, F, S-1, S-2, and U occupancies, except sleeping rooms and bathrooms: PROVIDED, HOWEVER, That in B, M, and S-1 occupancies, approved portable oil-fueled heaters shall only be used under permit of the fire chief.

     (6) "Supplier" means any party offering to sell to retailers or to the general public approved portable oil-fueled heaters.

[1995 c 343 § 2; 1985 c 360 § 15; 1983 c 134 § 2. Formerly RCW 19.27.420.]




19.27A.090
Portable oil-fueled heaters — Sales and use — Approval required.

Notwithstanding any other section of the state building code, chapter 19.27 RCW, or any other code adopted by reference in chapter 19.27 RCW, approved portable oil-fueled heaters may be offered for sale, sold, and used as a supplemental heat source in structures in the state. Portable oil-fueled heaters which are not approved may not be offered for sale, sold, or used in this state. Any approved portable oil-fueled heater may be offered for sale, sold, and used in locations other than structures unless specifically prohibited by laws of this state.

[1983 c 134 § 3. Formerly RCW 19.27.430.]




19.27A.100
Portable oil-fueled heaters — Requirements for approval.

Approved portable oil-fueled heaters must adhere to the following requirements:

     (1) Labeling must be affixed to the heater to caution and inform the user concerning:

     (a) The necessity for an adequate source of ventilation when the heater is operating;

     (b) The use of suitable fuel;

     (c) The proper manner of refueling;

     (d) The proper placement and handling of the heater when in operation; and

     (e) The proper procedures for lighting, flame regulation, and extinguishing the heater.

     (2) Packaging must include instructions that will inform the purchaser of proper maintenance and operation.

     (3) Approved portable oil-fueled heaters must be constructed with a low center of gravity and minimum tipping angle of thirty-three degrees from the vertical with an empty reservoir.

     (4) Approved portable oil-fueled heaters must have an automatic safety shut-off device or inherent design feature which eliminates fire hazards in the event of tipover and must otherwise conform with the standards set forth in National Fire Protection Association (NFPA) No. 31.

     (5) Approved portable oil-fueled heaters must not produce carbon monoxide at rates creating a hazard when operated as intended and instructed.

[1983 c 134 § 4. Formerly RCW 19.27.440.]




19.27A.110
Portable oil-fueled heaters — Jurisdiction over approval — Sale and use governed exclusively.

The chief of the Washington state patrol, through the director of fire protection, is the only authority having jurisdiction over the approval of portable oil-fueled heaters. The sale and use of portable oil-fueled heaters is governed exclusively by RCW 19.27A.080 through 19.27A.120: PROVIDED, That cities and counties may adopt local standards as provided in RCW 19.27.040.

[1995 c 369 § 8; 1986 c 266 § 85; 1985 c 360 § 16; 1983 c 134 § 5. Formerly RCW 19.27.450.]

Notes:

     Effective date -- 1995 c 369: See note following RCW 43.43.930.

     Severability -- 1986 c 266: See note following RCW 38.52.005.




19.27A.120
Violations — Penalty.

The penalty for failure to comply with RCW 19.27A.080 through 19.27A.120 is a misdemeanor.

[1985 c 360 § 17; 1983 c 134 § 6. Formerly RCW 19.27.460.]




19.27A.130
Finding — 2009 c 423.

The legislature finds that energy efficiency is the cheapest, quickest, and cleanest way to meet rising energy needs, confront climate change, and boost our economy. More than thirty percent of Washington's greenhouse gas emissions come from energy use in buildings. Making homes, businesses, and public institutions more energy efficient will save money, create good local jobs, enhance energy security, reduce pollution that causes global warming, and speed economic recovery while reducing the need to invest in costly new generation. Washington can spur its economy and assert its regional and national clean energy leadership by putting efficiency first. Washington can accomplish this by: Promoting super efficient, low-energy use building codes; requiring disclosure of buildings' energy use to prospective buyers; making public buildings models of energy efficiency; financing energy saving upgrades to existing buildings; and reducing utility bills for low-income households.

[2009 c 423 § 1.]




19.27A.140
Definitions.

The definitions in this section apply to RCW 19.27A.130 through 19.27A.190 and 19.27A.020 unless the context clearly requires otherwise.

     (1) "Benchmark" means the energy used by a facility as recorded monthly for at least one year and the facility characteristics information inputs required for a portfolio manager.

     (2) "Conditioned space" means conditioned space, as defined in the Washington state energy code.

     (3) "Consumer-owned utility" includes a municipal electric utility formed under Title 35 RCW, a public utility district formed under Title 54 RCW, an irrigation district formed under chapter 87.03 RCW, a cooperative formed under chapter 23.86 RCW, a mutual corporation or association formed under chapter 24.06 RCW, a port district formed under Title 53 RCW, or a water-sewer district formed under Title 57 RCW, that is engaged in the business of distributing electricity to one or more retail electric customers in the state.

     (4) "Cost-effectiveness" means that a project or resource is forecast:

     (a) To be reliable and available within the time it is needed; and

     (b) To meet or reduce the power demand of the intended consumers at an estimated incremental system cost no greater than that of the least-cost similarly reliable and available alternative project or resource, or any combination thereof.

     (5) "Council" means the state building code council.

     (6) "Embodied energy" means the total amount of fossil fuel energy consumed to extract raw materials and to manufacture, assemble, transport, and install the materials in a building and the life-cycle cost benefits including the recyclability and energy efficiencies with respect to building materials, taking into account the total sum of current values for the costs of investment, capital, installation, operating, maintenance, and replacement as estimated for the lifetime of the product or project.

     (7) "Energy consumption data" means the monthly amount of energy consumed by a customer as recorded by the applicable energy meter for the most recent twelve-month period.

     (8) "Energy service company" has the same meaning as in RCW 43.19.670.

     (9) "Enterprise services" means the department of enterprise services.

     (10) "Greenhouse gas" and "greenhouse gases" includes carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.

     (11) "Investment grade energy audit" means an intensive engineering analysis of energy efficiency and management measures for the facility, net energy savings, and a cost-effectiveness determination.

     (12) "Investor-owned utility" means a corporation owned by investors that meets the definition of "corporation" as defined in RCW 80.04.010 and is engaged in distributing either electricity or natural gas, or both, to more than one retail electric customer in the state.

     (13) "Major facility" means any publicly owned or leased building, or a group of such buildings at a single site, having ten thousand square feet or more of conditioned floor space.

     (14) "National energy performance rating" means the score provided by the energy star program, to indicate the energy efficiency performance of the building compared to similar buildings in that climate as defined in the United States environmental protection agency "ENERGY STAR¦ Performance Ratings Technical Methodology."

     (15) "Net zero energy use" means a building with net energy consumption of zero over a typical year.

     (16) "Portfolio manager" means the United States environmental protection agency's energy star portfolio manager or an equivalent tool adopted by the department of enterprise services.

     (17) "Preliminary energy audit" means a quick evaluation by an energy service company of the energy savings potential of a building.

     (18) "Qualifying public agency" includes all state agencies, colleges, and universities.

     (19) "Qualifying utility" means a consumer-owned or investor-owned gas or electric utility that serves more than twenty-five thousand customers in the state of Washington.

     (20) "Reporting public facility" means any of the following:

     (a) A building or structure, or a group of buildings or structures at a single site, owned by a qualifying public agency, that exceed ten thousand square feet of conditioned space;

     (b) Buildings, structures, or spaces leased by a qualifying public agency that exceeds ten thousand square feet of conditioned space, where the qualifying public agency purchases energy directly from the investor-owned or consumer-owned utility;

     (c) A wastewater treatment facility owned by a qualifying public agency; or

     (d) Other facilities selected by the qualifying public agency.

     (21) "State portfolio manager master account" means a portfolio manager account established to provide a single shared portfolio that includes reports for all the reporting public facilities.

[2011 1st sp.s. c 43 § 245; 2010 c 271 § 305; 2009 c 423 § 2.]

Notes:

     Effective date -- Purpose -- 2011 1st sp.s. c 43: See notes following RCW 43.19.003.

     Purpose -- Effective date -- 2010 c 271: See notes following RCW 43.330.005.




19.27A.150
Strategic plan — Development and implementation.

(1) To the extent that funding is appropriated specifically for the purposes of this section, the department of commerce shall develop and implement a strategic plan for enhancing energy efficiency in and reducing greenhouse gas emissions from homes, buildings, districts, and neighborhoods. The strategic plan must be used to help direct the future code increases in RCW 19.27A.020, with targets for new buildings consistent with RCW 19.27A.160. The strategic plan will identify barriers to achieving net zero energy use in homes and buildings and identify how to overcome these barriers in future energy code updates and through complementary policies.

     (2) The department of commerce must complete and release the strategic plan to the legislature and the council by December 31, 2010, and update the plan every three years.

     (3) The strategic plan must include recommendations to the council on energy code upgrades. At a minimum, the strategic plan must:

     (a) Consider development of aspirational codes separate from the state energy code that contain economically and technically feasible optional standards that could achieve higher energy efficiency for those builders that elected to follow the aspirational codes in lieu of or in addition to complying with the standards set forth in the state energy code;

     (b) Determine the appropriate methodology to measure achievement of state energy code targets using the United States environmental protection agency's target finder program or equivalent methodology;

     (c) Address the need for enhanced code training and enforcement;

     (d) Include state strategies to support research, demonstration, and education programs designed to achieve a seventy percent reduction in annual net energy consumption as specified in RCW 19.27A.160 and enhance energy efficiency and on-site renewable energy production in buildings;

     (e) Recommend incentives, education, training programs and certifications, particularly state-approved training or certification programs, joint apprenticeship programs, or labor-management partnership programs that train workers for energy-efficiency projects to ensure proposed programs are designed to increase building professionals' ability to design, construct, and operate buildings that will meet the seventy percent reduction in annual net energy consumption as specified in RCW 19.27A.160;

     (f) Address barriers for utilities to serve net zero energy homes and buildings and policies to overcome those barriers;

     (g) Address the limits of a prescriptive code in achieving net zero energy use homes and buildings and propose a transition to performance-based codes;

     (h) Identify financial mechanisms such as tax incentives, rebates, and innovative financing to motivate energy consumers to take action to increase energy efficiency and their use of on-site renewable energy. Such incentives, rebates, or financing options may consider the role of government programs as well as utility-sponsored programs;

     (i) Address the adequacy of education and technical assistance, including school curricula, technical training, and peer-to-peer exchanges for professional and trade audiences;

     (j) Develop strategies to develop and install district and neighborhood-wide energy systems that help meet net zero energy use in homes and buildings;

     (k) Identify costs and benefits of energy efficiency measures on residential and nonresidential construction; and

     (l) Investigate methodologies and standards for the measurement of the amount of embodied energy used in building materials.

     (4) The department of commerce and the council shall convene a work group with the affected parties to inform the initial development of the strategic plan.

[2010 c 271 § 306; 2009 c 423 § 3.]

Notes:

     Purpose -- Effective date -- 2010 c 271: See notes following RCW 43.330.005.




19.27A.160
Residential and nonresidential construction — Energy consumption reduction — Council report.

(1) Except as provided in subsection (2) of this section, residential and nonresidential construction permitted under the 2031 state energy code must achieve a seventy percent reduction in annual net energy consumption, using the adopted 2006 Washington state energy code as a baseline.

     (2) The council shall adopt state energy codes from 2013 through 2031 that incrementally move towards achieving the seventy percent reduction in annual net energy consumption as specified in subsection (1) of this section. The council shall report its progress by December 31, 2012, and every three years thereafter. If the council determines that economic, technological, or process factors would significantly impede adoption of or compliance with this subsection, the council may defer the implementation of the proposed energy code update and shall report its findings to the legislature by December 31st of the year prior to the year in which those codes would otherwise be enacted.

[2009 c 423 § 5.]




19.27A.170
Qualifying utilities — Maintenance of records of energy consumption data — Disclosure.

(1) On and after January 1, 2010, qualifying utilities shall maintain records of the energy consumption data of all nonresidential and qualifying public agency buildings to which they provide service. This data must be maintained for at least the most recent twelve months in a format compatible for uploading to the United States environmental protection agency's energy star portfolio manager.

     (2) On and after January 1, 2010, upon the written authorization or secure electronic authorization of a nonresidential building owner or operator, a qualifying utility shall upload the energy consumption data for the accounts specified by the owner or operator for a building to the United States environmental protection agency's energy star portfolio manager in a form that does not disclose personally identifying information.

     (3) In carrying out the requirements of this section, a qualifying utility shall use any method for providing the specified data in order to maximize efficiency and minimize overall program cost. Qualifying utilities are encouraged to consult with the United States environmental protection agency and their customers in developing reasonable reporting options.

     (4) Disclosure of nonpublic nonresidential benchmarking data and ratings required under subsection (5) of this section will be phased in as follows:

     (a) By January 1, 2011, for buildings greater than fifty thousand square feet; and

     (b) By January 1, 2012, for buildings greater than ten thousand square feet.

     (5) Based on the size guidelines in subsection (4) of this section, a building owner or operator, or their agent, of a nonresidential building shall disclose the United States environmental protection agency's energy star portfolio manager benchmarking data and ratings to a prospective buyer, lessee, or lender for the most recent continuously occupied twelve-month period. A building owner or operator, or their agent, who delivers United States environmental protection agency's energy star portfolio manager benchmarking data and ratings to a prospective buyer, lessee, or lender is not required to provide additional information regarding energy consumption, and the information is deemed to be adequate to inform the prospective buyer, lessee, or lender regarding the United States environmental protection agency's energy star portfolio manager benchmarking data and ratings for the most recent twelve-month period for the building that is being sold, leased, financed, or refinanced.

     (6) Notwithstanding subsections (4) and (5) of this section, nothing in this section increases or decreases the duties, if any, of a building owner, operator, or their agent under this chapter or alters the duty of a seller, agent, or broker to disclose the existence of a material fact affecting the real property.

[2009 c 423 § 6.]




19.27A.180
Energy performance score — Implementation strategy — Development and recommendations.

By December 31, 2009, to the extent that funding is appropriated specifically for the purposes of this section, the department of commerce shall develop and recommend to the legislature a methodology to determine an energy performance score for residential buildings and an implementation strategy to use such information to improve the energy efficiency of the state's existing housing supply. In developing its strategy, the department of commerce shall seek input from providers of residential energy audits, utilities, building contractors, mixed use developers, the residential real estate industry, and real estate listing and form providers.

[2010 c 271 § 307; 2009 c 423 § 7.]

Notes:

     Purpose -- Effective date -- 2010 c 271: See notes following RCW 43.330.005.




19.27A.190
Qualifying public agency duties — Energy benchmark — Performance rating — Reports.

(1) The requirements of this section apply to the *department of general administration and other qualifying state agencies only to the extent that specific appropriations are provided to those agencies referencing chapter 423, Laws of 2009 or chapter number and this section.

     (2) By July 1, 2010, each qualifying public agency shall:

     (a) Create an energy benchmark for each reporting public facility using a portfolio manager;

     (b) Report to *general administration, the environmental protection agency national energy performance rating for each reporting public facility included in the technical requirements for this rating; and

     (c) Link all portfolio manager accounts to the state portfolio manager master account to facilitate public reporting.

     (3) By January 1, 2010, *general administration shall establish a state portfolio manager master account. The account must be designed to provide shared reporting for all reporting public facilities.

     (4) By July 1, 2010, *general administration shall select a standardized portfolio manager report for reporting public facilities. *General administration, in collaboration with the United States environmental protection agency, shall make the standard report of each reporting public facility available to the public through the portfolio manager web site.

     (5) *General administration shall prepare a biennial report summarizing the statewide portfolio manager master account reporting data. The first report must be completed by December 1, 2012. Subsequent reporting shall be completed every two years thereafter.

     (6) By July 1, 2010, *general administration shall develop a technical assistance program to facilitate the implementation of a preliminary audit and the investment grade energy audit. *General administration shall design the technical assistance program to utilize audit services provided by utilities or energy services contracting companies when possible.

     (7) For a reporting public facility that is leased by the state with a national energy performance rating score below seventy-five, a qualifying public agency may not enter into a new lease or lease renewal on or after January 1, 2010, unless:

     (a) A preliminary audit has been conducted within the last two years; and

     (b) The owner or lessor agrees to perform an investment grade audit and implement any cost-effective energy conservation measures within the first two years of the lease agreement if the preliminary audit has identified potential cost-effective energy conservation measures.

     (8)(a) Except as provided in (b) of this subsection, for each reporting public facility with a national energy performance rating score below fifty, the qualifying public agency, in consultation with *general administration, shall undertake a preliminary energy audit by July 1, 2011. If potential cost-effective energy savings are identified, an investment grade energy audit must be completed by July 1, 2013. Implementation of cost-effective energy conservation measures are required by July 1, 2016. For a major facility that is leased by a state agency, college, or university, energy audits and implementation of cost-effective energy conservation measures are required only for that portion of the facility that is leased by the state agency, college, or university.

     (b) A reporting public facility that is leased by the state is deemed in compliance with (a) of this subsection if the qualifying public agency has already complied with the requirements of subsection (7) of this section.

     (9) Schools are strongly encouraged to follow the provisions in subsections (2) through (8) of this section.

     (10) The director of the *department of general administration, in consultation with the affected state agencies and the office of financial management, shall review the cost and delivery of agency programs to determine the viability of relocation when a facility leased by the state has a national energy performance rating score below fifty. The *department of general administration shall establish a process to determine viability.

     (11) *General administration, in consultation with the office of financial management, shall develop a waiver process for the requirements in subsection (7) of this section. The director of the office of financial management, in consultation with *general administration, may waive the requirements in subsection (7) of this section if the director determines that compliance is not cost-effective or feasible. The director of the office of financial management shall consider the review conducted by the *department of general administration on the viability of relocation as established in subsection (10) of this section, if applicable, prior to waiving the requirements in subsection (7) of this section.

     (12) By July 1, 2011, *general administration shall conduct a review of facilities not covered by the national energy performance rating. Based on this review, *general administration shall develop a portfolio of additional facilities that require preliminary energy audits. For these facilities, the qualifying public agency, in consultation with *general administration, shall undertake a preliminary energy audit by July 1, 2012. If potential cost-effective energy savings are identified, an investment grade energy audit must be completed by July 1, 2013.

[2009 c 423 § 8.]

Notes:

     *Reviser's note: The "department of general administration" was renamed the "department of enterprise services" by 2011 1st sp.s. c 43 § 107.