EXPEDITED ADOPTION
GENERAL ADMINISTRATION
Title of Rule: Chapter 194-20 WAC, Energy efficiency services account.
Purpose: To delete all reference to the Washington State Energy Office and replace with the Department of General Administration, the agency directed to administer the activities of the energy efficiency services account program.
Other Identifying Information: WAC 194-20-010, 194-20-020(1-4,6,7), 194-20-030, 194-20-040, 194-20-050, and 194-20-080 are changed. WAC 194-20-020(5), 194-20-060, and 194-20-070 are repealed.
Statutory Authority for Adoption: Chapter 39.35C RCW.
Summary: Incorporate editorial changes that identify General Administration as the agency administering the energy efficiency services account program, repeal those subsections of chapter 194-20 WAC that refer to programs not administered by General Administration, modify terminology with the subsections appropriate to the intent of the WAC, recodify to include WAC in General Administration Title 236 WAC.
Reasons Supporting Proposal: Executive Order 97-02.
Name of Agency Personnel Responsible for Drafting: Facilities Engineering Services, Mailstop 41012, General Administration Division of Engineering and Architectural Services, 902-7262; Implementation and Enforcement: Clint Lougheed, Mailstop 41012, General Administration, Division of Engineering and Architectural Services, 902-7262.
Name of Proponent: Facilities Engineering Services, General Administration Division of Engineering and Architectural Services, governmental.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Executive Order 97-02 mandates these changes.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Restructuring of the Washington State Energy Office (WSEO) in 1996 resulted in the dissemination of the agency's programs to General Administration (GA), Community, Trade and Economic Development (CTED), Washington State University (WSU), and the Department of Transportation (DOT). Chapter 194-20 WAC provides administrative guidelines for the Energy Efficiency Services Account (EESA) program which now resides within General Administration Editorial corrections are required to change references within chapter 194-20 WAC from WSEO to GA. The repeal of WAC 194-20-020(5), 194-20-060 and 194-20-070 are required because they refer to programs not administered by GA. WAC 194-20-080 is modified to reduce the restrictiveness of the working capital account balance which is necessary to maintain a positive operating cash flow while meeting the requirements of the current expenditure appropriation cap placed on the EESA account when it was transferred to GA. These changes are necessary to meet the requirements of Executive Order 97-02.
Proposal does not change existing rules.
THIS RULE IS BEING PROPOSED TO BE ADOPTED USING AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS RULE BEING ADOPTED USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Clint Lougheed, Facilities Engineering Services, General Administration Division of Engineering and Architectural Services, P.O. Box 41012, Olympia, WA 98504-1012 , AND RECEIVED BY December 1, 1999.
September 16, 1999
John M. Lynch
Acting Assistant Director
General Administration Engineering
and Architectural Services
OTS-3227.2
AMENDATORY SECTION(Amending WSR 92-01-120, filed 12/19/91,
effective 1/19/92)
WAC 194-20-010
Purpose.
This chapter implements the
provisions of section ((12)) 415 and related sections of chapter
((201)) 186, Laws of ((1991)) 1996, establishing criteria and
procedures for setting a fee schedule, establishing working
capital requirements, and receiving funds for the energy
efficiency services account.
[Statutory Authority: RCW 43.21F.045(12) and 1991 c 201 § 12. 92-01-120, § 194-20-010, filed 12/19/91, effective 1/19/92.]
(1) (("WSEO")) "Department"
means the ((Washington state energy office)) state department of
general administration.
(2) "Energy ((partnerships)) services" means the energy
efficiency program that emerges from chapter ((201)) 186, Laws of
((1991)) 1996, the mission of which is the fulfillment of the
requirements of that legislation: To achieve cost-effective
conservation improvements in state and school district facilities
and to investigate and, if appropriate, to pursue development of
cost-effective cogeneration in existing ((and/)) or new state
facilities.
(3) "Energy life cycle cost analysis (((LCCA))) (ELCCA)"
means the method of economic analysis which accounts for the
initial cost and the cost of operation of a major facility or its
systems over its economic life. (See RCW 39.35.030(7).) Chapter 39.35 RCW requires that an ((LCCA)) ELCCA be prepared prior to
construction or alteration of a publicly owned or leased facility
having twenty-five thousand square feet or more of usable floor
space.
(4) "Energy conservation report (ECR)" means the report ((in
which LCCA's are)) describing the ELCCA performed for schools,
funded in part by the Washington superintendent of public
instruction and reviewed by ((WSEO)) the department. The
contents of the report and the submission procedures are outlined
in the ((WSEO)) department's publication, (("Guidelines for
Preparing Energy Conservation Reports.")) "Energy Life Cycle Cost
Analysis Guidelines for Public Agencies."
(5) (("School building energy characteristics report (SBEC)"
means the conservation report which communicates compliance with
the governing energy code, required for smaller projects not
affected by WAC 180-27-075.
(6))) "Energy efficiency project" means a project which reduces energy consumption or energy cost, or increases the efficient use of energy. It includes activities, measures, and/or equipment designed to achieve these results.
(((7))) (6) "Cogeneration project" means a project which
results in the sequential generation of two or more forms of
energy from a common fuel or energy source.
[Statutory Authority: RCW 43.21F.045(12) and 1991 c 201 § 12. 92-01-120, § 194-20-020, filed 12/19/91, effective 1/19/92.]
The ((WSEO)) department will charge fees sufficient to recover
the cost of providing services to state agencies ((and)), school
districts, and public agencies which undertake energy efficiency
or cogeneration projects under the energy ((partnerships))
services program. Recoverable costs include, but are not limited
to all necessary costs of providing services directly to ((client
institutions)) public facilities, of monitoring and implementing
utility agreements when utilities elect to offer designated
services, and of monitoring agreements with private consultants
or energy service companies who provide energy ((partnerships))
services. ((WSEO's)) The department's fees are based on hourly
rates and the billable hours of service providers, and ((shall))
include all technical and program costs, and associated
administrative costs. Fees are negotiated between ((WSEO)) the
department and the ((institution)) public facility being served,
except for fees to review ((LCCA's)) ELCCA's and ECR's.
[Statutory Authority: RCW 43.21F.045(12) and 1991 c 201 § 12. 92-01-120, § 194-20-030, filed 12/19/91, effective 1/19/92.]
Fees for ((LCCA)) ELCCA and ECR
reviews will be established to recover ((WSEO's)) the
department's actual costs in conducting the reviews. ((Annually,
these costs will be evaluated and a revised fee schedule will be
published, effective July 1 of the year in which it is issued. WSEO's)) The department's fee for an ((LCCA)) ELCCA or ECR review
will not exceed two thousand dollars or one-tenth of one percent
of the project's total design and construction cost, whichever is
less, unless mutually agreed by the ((institution)) public agency
and ((WSEO)) the department. ((No fee is charged for school
building energy characteristics report reviews.
WSEO)) The department shall annually evaluate whether energy
savings resulting from its review of ((LCCA's)) ELCCA's and ECR's
justify the costs of performing the reviews. ((WSEO shall make
the results of that report available to the public, on request.))
[Statutory Authority: RCW 43.21F.045(12) and 1991 c 201 § 12. 92-01-120, § 194-20-040, filed 12/19/91, effective 1/19/92.]
((WSEO)) The department
requires full payment of its invoices in the form of a check made
payable to ((WSEO)) the department or an electronic fund
transfer. For ((LCCA's)) ELCCA's and ECR's submitted for review,
((institutions)) public facilities will be invoiced when the
review takes place. For all other energy conservation or
cogeneration services, ((institutions)) public facilities will be
invoiced on a monthly basis unless other financing arrangements
are mutually agreed upon in advance.
[Statutory Authority: RCW 43.21F.045(12) and 1991 c 201 § 12. 92-01-120, § 194-20-050, filed 12/19/91, effective 1/19/92.]
The ((WSEO))
department establishes an initial goal of building within the
energy efficiency services account a working capital account
balance equal to ((four to five months)) a minimum of one month
of operating costs.
[Statutory Authority: RCW 43.21F.045(12) and 1991 c 201 § 12. 92-01-120, § 194-20-080, filed 12/19/91, effective 1/19/92.]
The following sections of the Washington Administrative Code are repealed:
| WAC 194-20-060 | Net revenue from transactions for conservation. |
| WAC 194-20-070 | Net savings and net revenue from transactions for cogeneration. |
The following sections of the Washington Administrative
Code, as amended, are recodified as follows:
| Old WAC Number | New WAC Number |
| 194-20-010 | 236-200-010 |
| 194-20-020 | 236-200-020 |
| 194-20-030 | 236-200-030 |
| 194-20-040 | 236-200-040 |
| 194-20-050 | 236-200-050 |
| 194-20-080 | 236-200-060 |