Title 194 WAC — Commerce, Department of (Energy)

Chapter 194-12 Washington State Environmental Policy Act rules.

Wash. Admin. Code § 194-12-010 Authority.

This chapter is promulgated pursuant to the authority granted in RCW 43.21C.120, requiring each state agency to adopt rules implementing the State Environmental Policy Act.

This chapter is also promulgated to comply with WAC 197-11-904 (2) and (4).

History

Statutory Authority: RCW 43.21C.120. WSR 84-20-044 (Order 84-01), § 194-12-010, filed 9/28/84. Statutory Authority: RCW 43.21F.045(12). WSR 82-17-030 (Order 82-2), § 194-12-010, filed 8/11/82
Order 1, § 194-12-010, filed 1/18/77.

Wash. Admin. Code § 194-12-020 Statement of exemption.

The Washington state energy office has reviewed the activities it is authorized to undertake and finds them all to be exempt as provided in part nine - Categorical exemptions WAC 197-11-875(23).

History

Statutory Authority: RCW 43.21C.120. WSR 84-20-044 (Order 84-01), § 194-12-020, filed 9/28/84
Order 1, § 194-12-020, filed 1/18/77.

Chapter 194-14 Emergency Petroleum Allocation Act rules.

Wash. Admin. Code § 194-14-010 Authority.

This chapter is promulgated pursuant to the authority granted in RCW 34.04.020 and according to the guidelines established in 10 C.F.R. §205 of the Federal Mandatory Petroleum Allocation Regulations.

History

Order 1, § 194-14-010, filed 1/18/77.

Wash. Admin. Code § 194-14-020 Purpose.

The purpose of this chapter is to establish administrative procedures with respect to state orders issued under the authority granted by the Emergency Petroleum Allocation Act and appeals from such orders.

History

Order 1, § 194-14-020, filed 1/18/77.

Wash. Admin. Code § 194-14-030 Definitions.

The following words and terms have the following meanings for the purposes of this chapter, unless otherwise indicated:

(1) "Agricultural production" means all the activities classified under the industry code numbers specified in paragraph (a) below as set forth in the Standard Industrial Classification Manual, 1972 edition, except those industry code numbers listed in paragraph (b) which are excluded:

(a) Activities included.

(i) All industry code numbers included in Division A, agriculture, forestry and fishing, except as specified in paragraph (b) of this section.

(ii) All industry code numbers included in Major Group 20, food and kindred products, of Division D, as specified in paragraph (b) below; and

(iii) All the following other industry code numbers:

| 1474 | Potash, soda and borate minerals (potash mining only); | | --- | --- | | 1475 | Phosphate rock; | | 2141 | Tobacco stemming and redrying; | | 2411 | Logging camps and logging contractors; | | 2421 | Sawmills and planing mills; | | 2819 | Industrial inorganic chemicals, not elsewhere classified (dicalcium phosphate only); | | 2873 | Nitrogenous fertilizers; | | 2874 | Phosphatic fertilizers; | | 2875 | Fertilizers, mixing only; | | 2879 | Pesticides and agricultural chemicals not elsewhere classified; | | 4212 | Local trucking without storage (farm to market hauling and log trucking only); | | 4971 | Irrigation systems (for farm use); and | | 5462 | Retail bakeries, baking and selling. |

(b) Activities excluded.

(i) All the following industry code numbers, otherwise listed under Division A, agriculture, forestry and fishing, are excluded from the definition:

| 0271 | Fur-bearing animals and rabbits (except rabbit farms which are included in the definition ; | | --- | --- | | 0279 | Animal specialties, not elsewhere classified (except apiaries, honey production and bee, catfish, fish, frog and trout farms which are included in the definition); | | 1742 | Veterinary services for animal specialties; | | 0752 | Animal specialty services; | | 0781 | Landscape counseling and planning; | | 9782 | Lawn and garden services; and | | 0949 | Gathering of forest products, not elsewhere classified. |

(ii) All the following industry code numbers, otherwise listed under Major Group 20, food and kindred products, of Division D, manufacturing, are excluded from the definition:

| 2047 | Dog, cat and other pet food; | | --- | --- | | 2067 | Chewing gum; and | | 2085 | Distilled, rectified and blended liquors. |

Generally, an applicant may be considered as an agricultural producer if he derives the majority of his income from that activity.

(2) Assignment: An action designating that an authorized purchaser be supplied at a specified entitlement level by a specified supplier.

(3) Base period (or base allocation period):

(a) For gasoline means the month of the period November, 1977, through October, 1978, corresponding to the current month;

(b) For middle distillates means the month during calendar year 1978 corresponding to the current month.

(4) Base period supply volume: The volume of purchases from a supplier or to purchasers during the base period.

(5) "Bulk purchaser" means any firm which is an ultimate consumer which, as part of its normal business practices, purchases or obtains middle distillates or motor gasoline from a supplier and either (a) receives delivery of that product into a storage tank substantially under the control of that firm at a fixed location, or (b) with respect to use in agricultural production, receives delivery into a storage tank with a capacity not less than 50 gallons substantially under the control of that firm. A bulk purchaser of heating oil would include any firm or individual needing the product for space heating and has a storage tank substantially under the control of that firm or individual at a fixed location.

(6) Coordinator: The director or his designee who is authorized to sign orders and authorizing documents for permanent assignments.

(7) Current requirements: The supply of an allocated product needed by an end-user or wholesale purchaser to meet its present supply requirement for any single month.

(8) Director: The director of the Washington state energy office.

(9) Emergency or severe hardship: A situation which, in the opinion of the office, represents a threat or forseeable danger to the health, safety and well being of the citizens of the state.

(10) Emergency Petroleum Allocation Act: Public Law 93-159.

(11) Emergency services: Law enforcement, firefighting, and emergency medical services.

(12) End-user: Any person who is an ultimate consumer of an allocated product other than a wholesale purchaser-consumer and is also a bulk purchaser.

(13) Energy production: The exploration, drilling, mining, refining, processing, production and distribution of coal, natural gas, geothermal energy, petroleum or petroleum products, shale oil, nuclear fuels and electrical energy. It also includes the construction of facilities and equipment used in energy production, such as pipelines, mining equipment and similar capital goods. Excluded from this definition are synthetic natural gas manufacturing, electrical generation whose power source is petroleum based, gasoline blending and manufacturing and refinery fuel use.

(14) Fleetpool: A government or private motor pool which is used during nonwork hours for commuter ridesharing purposes. To qualify as a fleetpool, these general guidelines must be observed:

(a) The motor pool must have a fleet of five or more passenger vehicles;

(b) The principle use of the vehicles must be for the regular business of the firm, other than commuting;

(d) The government or business entity must enact a formal agreement with the employees consistent with the terms of this regulation; and

(e) During the commute each such vehicle must be shared on a regular basis by three or more persons.

(15) Market area: The delineation of the market area will vary in each case, and ultimately will be determined by the office. There can be no hard and fast criteria, but some general guidelines may be observed:

(a) In a city of 25,000 population, the market area to be considered should be the area within a one-mile radius of the applicant or affected party.

(b) In a suburban area (housing developments, shopping centers, apartments) the market area to be considered should be the area within a two-to-three mile radius of the applicant or affected party, depending upon the density of recent growth and traffic pattern characteristics in the area.

(c) On a nonurban arterial highway with full control of access, the market area should include the area within one-fourth mile of the access point and the next two access points in each direction from the applicant or affected party.

(d) On a nonurban arterial highway with uncontrolled access or partially controlled access, the market area should include five miles in either direction along the highway from the applicant or affected party.

(e) On a through street or through highway in a rural area, the market area should be that area within a five mile radius of the applicant or affected party.

(f) In a town under 25,000 population, the market area should be a two mile radius from the applicant or affected party.

As used in the above guidelines, the following terms have the following meanings:

"Arterial highway" means a highway primarily for through traffic, usually on a continuous route.

"Full control of access" means that the authority to control access is exercised to give preference to through traffic by providing access connections with selected public roads only and by prohibiting crossings at grade or direct private driveway connections.

"Partially controlled access" means that the authority to control access is exercised to give preference to through traffic to a degree that, in addition to access connections with selected public roads, there may be some crossings at grade and some private driveway connections.

(16) Medical and nursing buildings: Buildings that house medical, dental or nursing activities including, but not limited to those listed in Appendix I of 6 C.F.R. 300.18-300.19, the use of clinics, hospitals, nursing homes and other facilities.

(17) Middle distillate: Any derivatives of petroleum including kerosene, home heating oil, range oil, stove oil, and diesel fuel, which have a fifty percent boiling point in the ASTM D86 standard distillation test falling between 371° and 700° F. Products specifically excluded from this definition are kerosene-base and naptha-base jet fuel, heavy fuel oils as defined in VV-F-815C or ASTM D-396, grades #4, 5, and 6, intermediate fuel oils (which are blends containing #6 oil), and all specialty items such as solvents, lubricants, waxes and process oil.

(18) Motor gasoline: A mixture of volatile hydrocarbons, suitable for operation of an internal combustion engine, whose major components are hydrocarbons with boiling points ranging from 140° to 390° F and whose source is distillation of petroleum and cracking, polymerization, and other chemical reactions by which the naturally occurring petroleum hydrocarbons are converted to those that have superior fuel properties.

(19) Office: The Washington state energy office.

(20) Officer: The director or his designee who is authorized to sign orders and authorizing documents for state set-aside assignments.

(21) Order: A written directive or verbal communication of a written directive if promptly confirmed in writing, issued by the office concerning state set-aside assignments or permanent assignments, or a written document issued by the fuel allocation appeals board deciding an appeal from an order of the office. An order shall be deemed to be issued on the date on which it is signed by the officer or coordinator. With respect to permanent assignment orders, they shall not become effective unless and until the regional DOE office authorizes the action. Set-aside assignment orders are effective on the date of issuance.

(22) Passenger transportation services:

(a) Air, land and water facilities and services designed and used for the carrying of passengers whether publicly or privately owned. These facilities and services shall include, but not be limited to: Tour buses, charter buses, taxicabs and other methods or modes which serve the general public on a for hire or fare basis; special transportation services for the elderly and/or handicapped; vanpools and shuttle buses which shall regularly carry at least seven persons, including the driver and which at least eighty percent of that vehicles mileage can be verified as attributed to the use of commuting; fleetpools; and

(b) Bus transportation of pupils to and from school and school sponsored activities.

(23) Permanent assignment: A recommendation by the office to the U.S. Department of Energy that an applicant be assigned a permanent supplier and an allocation entitlement.

(24) Prime supplier: The supplier or producer which makes the first sale of any allocated product subject to the state set-aside into the state distribution system for consumption within the state.

(25) Purchaser: Wholesale purchaser, end-user, or both.

(26) Retail gasoline outlet: Wholesale purchaser-reseller which purchases or otherwise obtains gasoline and resells or otherwise transfers it to ultimate consumers.

(27) Sanitation services: The collection and disposal for the general public of solid wastes, whether by public or private entities, and the maintenance, operation and repair of liquid purification and waste facilities during emergency conditions. Sanitation services also includes the provision of water supply services by public utilities, whether privately or publicly owned or operated.

(28) Set-aside: The amount of an allocated product which is made available from the total supply of a prime supplier to resolve emergencies and hardships due to fuel shortages, pursuant to 10 C.F.R. §211.17.

(29) Supplier: Any firm or subsidiary of any firm which presently sells, transfers or otherwise furnishes any allocated product or crude oil to wholesale purchasers or end-users.

(30) Telecommunications services: The repair, operation, and maintenance of voice, data, telegraph, video, and similar communications services to the public by a communications common carrier, during periods of substantial disruption of normal service.

(31) Truck: A motor vehicle with motive power designed primarily for the transportation of property or special purpose equipment and with a gross vehicle weight rating for a single vehicle (the value specified by the manufacturer as the loaded weight of the vehicle) or the equivalent thereof in excess of 20,000 pounds, or in the case of trucks designed primarily for drawing other vehicles and not so constructed as to carry a load other than part of the weight of the vehicle and the load so drawn, with a gross combination weight rating (the value specified by the manufacturer as the loaded weight of the combination vehicle) or the equivalent thereof in excess of 20,000 pounds.

(32) Wholesale purchaser-consumer: Any firm that is an ultimate consumer which, as part of its normal business practices, purchases or obtains an allocated product from a supplier and receives delivery of that product into a storage tank substantially under the control of that firm at a fixed location and which either:

(a) Purchased or obtained more than 20,000 gallons of that allocated product for its own use in agricultural production in any completed calendar year subsequent to 1971;

(b) Purchased or obtained more than 50,000 gallons of that allocated product in any completed calendar year subsequent to 1971 for use in one or more multifamily residences; or

(c) Purchased or obtained more than 84,000 gallons of that allocated product in any completed calendar year subsequent to 1971.

(33) Wholesale purchaser-reseller: Any firm which purchases, receives through transfer, or otherwise obtains an allocated product and resells or otherwise transfers it to other purchasers without substantially changing its form.

History

Statutory Authority: RCW 43.21F.050(12). WSR 80-18-035 (Order 80-1), § 194-14-030, filed 12/2/80
WSR 79-09-078 (Order 79-1), § 194-14-030, filed 8/30/79
Order 1, § 194-14-030, filed 1/18/77.

Wash. Admin. Code § 194-14-040 Applications for set-aside assignments—Form.

Except as provided in WAC 194-14-050, all applications for state set-aside assignment shall be submitted on forms approved by the office or in a signed letter containing the following information:

(1) The applicant's name, address, telephone number, prime supplier, amount requested and an explanation of the reason for the application, including the date by which the product is needed[(;)][,] and if available, the applicant's allocation for the month of application.

(2) The applicant must identify energy conservation programs which that individual or firm has in effect.

(3) If the applicant is a wholesale purchaser-reseller, current retail prices being charged for the requested fuel.

(4) If the applicant is a service or gas station, anticipated days and hours of operation.

The office may request such additional information from an applicant as it deems necessary.

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules, and deems ineffectual changes not filed by the agency in this manner. The bracketed material in the above section does not appear to conform to the statutory requirement.

Wash. Admin. Code § 194-14-050 Applications for set-aside assignment—Form—Exception.

An application for state set-aside assignment may be made orally when extraordinary circumstances make it impossible for the applicant to submit a written application. When a verbal request is made, the office will require written confirmation by the applicant of the information required by WAC 194-14-040.

History

Order 1, § 194-14-050, filed 1/18/77.

Wash. Admin. Code § 194-14-060 State set-aside assignments.

(1) General. To the extent that such supplies are available to the state, assignments from the state set-aside may be made to wholesale purchaser-consumers and end-users located within the state who demonstrate hardship or emergency, or to wholesale purchaser-resellers to enable them to supply such persons. An applicant may be deemed to demonstrate hardship if:

(a) Such applicant is undergoing curtailment of an energy source and must depend on an alternate source of energy for which he has no allocation or an insufficient allocation; or

(b) Said applicant is a wholesale purchaser-reseller and demonstrates:

(i) A need for additional product as a result of supply imbalance; and

(ii) Good faith compliance with fair marketing practices; and

(iii) In cases where long term relief is available through action by the U.S. DOE, that such action has been initiated by the applicant; or

(c) Said applicant is an end-user or wholesale purchaser-consumer who is unable to obtain needed product for his own use from his supplier of record.

(d) Said applicant has an energy conservation program in effect.

[(2)] Priorities and procedures

(a) To the maximum extent practicable the order in which cases will be processed for the month of request will be as follows:

(i) Emergency or severe hardship situations, including space heating requirements of medical and nursing buildings;

(ii) Passenger transportation services;

(iii) Wholesale purchaser-consumer or end-user needing the product, in the opinion of the office, to avoid a serious disruption in their business operations;

(iv) Retail outlets which are experiencing, in the opinion of the office, an unusually low allocation level as compared to their average allocation levels because of such things as road construction, illness, specific market area problems, or other circumstances which prevented normal operations during the base period. Also included in this category are service stations located in discrete market areas or communities which may be experiencing severe supply imbalances as compared to the statewide average. Such imbalances may be due to disproportionate growth, unanticipated demand, or product loss, (e.g., station closures) since the base allocation period. In addition, the office may determine it appropriate to issue set-aside on the basis that an emergency or serious disruption in the market place may occur if such state action is not taken;

(v) All remaining cases representing wholesale purchaser-consumers or end-users;

(vi) All remaining applicants.

(b) If set-aside product is not available to meet all requests within a given category, as listed above in (2)(a), cases within that category will be processed on a first-in, first-out basis. No distinction will be made among cases received prior to the first of the month for which the product is requested. All such cases will be randomly logged in as being received on the first of the month.

(3) Acceptance of product. Applicants receiving a set-aside assignment must notify their supplier of their intent to receive the allocated product no later than 7 days from the date the order was issued, whichever comes sooner. Such notification having been given, the set-aside order is valid irrespective of the fact that the allocated product may not be delivered during the month the assignment was made.

Wash. Admin. Code § 194-14-070 State set-aside action.

The office shall take action on an application by either ordering an assignment, denying the application or requesting more information within ten business days after the application has been received by the office. If the office fails to take action on an application within ten days, the applicant may treat the application as having been denied in all respects and may appeal therefrom. If an application is denied, a copy of the denial shall be served upon the applicant.

History

Order 1, § 194-14-070, filed 1/18/77.

Wash. Admin. Code § 194-14-090 Assignment of state set-aside supplier.

State set-aside assignments shall generally be issued through the prime supplier with whom the applicant has an established base period supply volume. In exceptional cases, the office may order assignments through alternate prime suppliers or may split assignments between prime suppliers. When assignments are made to a retail gasoline outlet from a supplier other than the supplier associated with the outlet's brand name, the applicant shall comply with RCW 9.16.080 and shall post a disclaimer to the effect that the product sold is not the brand usually associated with the outlet.

History

Order 1, § 194-14-090, filed 1/18/77.

Wash. Admin. Code § 194-14-100 Submission of set-aside order to prime supplier.

Upon approval by the office of a state set-aside assignment, the fuel allocation officer shall issue a written order authorizing the assignment and shall serve it on the prime supplier and, where applicable, the local distributor of the prime supplier, from whose set-aside the assigned product is to be drawn. An order issued by the office under this section is effective upon issuance, unless stayed, modified, suspended or rescinded, and represents a call on the prime supplier's set-aside volume for the month of issuance, even if delivery of the product cannot be made until the following month.

History

Order 1, § 194-14-100, filed 1/18/77.

Wash. Admin. Code § 194-14-110 Application for permanent assignment—Form.

An application for a permanent assignment which falls under the state's jurisdiction shall be made on forms issued by the Federal Energy Administration for that purpose and shall be filed with the office. Forms shall be available from the office.

History

Order 1, § 194-14-110, filed 1/18/77.

Wash. Admin. Code § 194-14-120 Permanent assignments—Criteria—Agricultural and passenger transportation services end-users.

Applications from agricultural and passenger transportation services end-users will be approved. These end-users must satisfy the office through proper verification and certification that they meet the classification of agricultural or passenger services end-user.

History

Statutory Authority: RCW 43.21F.050(12). WSR 79-09-078 (Order 79-1), § 194-14-120, filed 8/30/79
Order 1, § 194-14-120, filed 1/18/77.

Wash. Admin. Code § 194-14-130 Permanent assignments—Criteria—All other end-users.

Applications from all other end-users will not be approved unless the following conditions apply:

(1) There is severe economic impact on the business directly resulting from reliance on retail purchases by that business; and

(2) An energy conservation program is in effect as demonstrated to the office; and

(3) Every attempt has been made, including feasible changes in regular business operations, to obtain needed fuel through retail outlets.

History

Statutory Authority: RCW 43.21F.050(12). WSR 79-09-078 (Order 79-1), § 194-14-130, filed 8/30/79
Order 1, § 194-14-130, filed 1/18/77.

Wash. Admin. Code § 194-14-140 Permanent assignment action.

If a permanent assignment is approved by the office, the coordinator shall issue a written recommendation to the regional office of the Federal Energy Administration for final deposition. A copy of the recommendation shall be sent to the applicant and to the applicant's supplier. If a permanent assignment is denied by the office, the coordinator shall issue an order of denial. The order shall be served upon the applicant.

History

Order 1, § 194-14-140, filed 1/18/77.

Wash. Admin. Code § 194-14-150 Appeals.

Any person aggrieved by an order of the office may file an appeal from such order with the director. Notice of appeal shall be filed within 15 days of the order from which the appeal is taken, and shall be in writing and signed by the appellant. Each appeal shall state:

(1) The reason for the appeal, including the reasons appellant believes the order to be unjust or unwise;

(2) The names and addresses of persons known to appellant who might be adversely affected by the outcome of the appeal;

(3) The nature of the relief sought, whether reversal, modification or some other relief;

(4) A demand for a hearing, or all appeal documents if no oral hearing is requested.

History

Order 1, § 194-14-150, filed 1/18/77.

Wash. Admin. Code § 194-14-160 Appeals board.

All appeals taken under these regulations shall be heard by the fuel allocation appeals board which shall consist of the director of the office or his designee who shall serve as ex officio member, and the directors, or their designees, of the Washington state departments of agriculture, state patrol and commerce and economic development.

History

Statutory Authority: RCW 43.21F.050(12). WSR 79-09-078 (Order 79-1), § 194-14-160, filed 8/30/79
Order 1, § 194-14-160, filed 1/18/77.

Wash. Admin. Code § 194-14-170 Hearing.

Within 20 days after the receipt of a notice of appeal, the director shall set a hearing date or, if no hearing is requested, a date for consideration of the appeal by the appeals board. The director shall serve upon all affected persons known to the director:

(1) A statement of the time, place and nature of the proceeding;

(2) A statement of the legal authority and jurisdiction under which the hearing is to be held;

(3) A reference to the particular sections of the statutes and rules involved;

(4) A short and plain statement of the matters asserted. If the agency or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter upon request a more definite and detailed statement shall be furnished.

History

Order 1, § 194-14-170, filed 1/18/77.

Wash. Admin. Code § 194-14-180 Parties.

For purposes of these rules, the parties to an appeal shall be the appellant and the office. If the appellant is a person other than the original applicant for the order, the applicant may be permitted to intervene. Upon application, any other person may be permitted to intervene upon a showing that he will be adversely affected by the outcome of the appeal, unless the board determines that his interest is adequately represented by one of the parties or intervenors to the appeal.

History

Order 1, § 194-14-180, filed 1/18/77.

Wash. Admin. Code § 194-14-190 Appeal proceedings.

The provisions of chapter 1-08 WAC, shall govern all proceedings before the appeals board.

History

Order 1, § 194-14-190, filed 1/18/77.

Wash. Admin. Code § 194-14-200 Prehearing conference.

In any proceeding the board may, upon its motion or upon the motion of one of the parties, direct the parties to appear at a specified time and place for a conference. Such notice shall be provided not less than five days before the date of the conference.

History

Order 1, § 194-14-200, filed 1/18/77.

Wash. Admin. Code § 194-14-210 Informal disposition.

Informal disposition may be made of an appeal or any issue therein by stipulation, agreed settlement, or consent order at any point in the proceedings.

History

Order 1, § 194-14-210, filed 1/18/77.

Wash. Admin. Code § 194-14-220 Transcript.

A verbatim record of the hearing shall be taken by a court reporter or recording equipment. A court reporter shall be used if demanded by any party, and the expense of the court reporter shall be paid by the demanding party, unless the office agrees otherwise. The verbatim recording will not be transcribed unless requested by a party. If a transcript is requested, the board may require the requesting party to pay the reasonable cost of preparing the transcript.

History

Order 1, § 194-14-220, filed 1/18/77.

Wash. Admin. Code § 194-14-230 Judicial review.

The decision of the appeals board shall constitute a final decision for the purposes of RCW 34.04.130 and review of such final decision may be had to a superior court of competent jurisdiction pursuant to RCW 34.04.130.

History

Order 1, § 194-14-230, filed 1/18/77.

Wash. Admin. Code § 194-14-240 Agency decision.

Every decision of the appeals board shall:

(1) Be correctly captioned as to name of proceeding and the fuel allocation appeals board;

(2) Designate all parties and counsel to the proceeding;

(3) Include a concise statement of the nature and background of the proceeding;

(4) Be accompanied by appropriate findings of fact and conclusions of law;

(5) Whenever practical, the conclusions of law shall include the reason or reasons for the particular order or remedy afforded.

A copy of the order shall be delivered or mailed to each party or his designated representative, and to any person readily identifiable by the appeals board as one who is aggrieved by such order.

History

Order 1, § 194-14-240, filed 1/18/77.

Chapter 194-18 Receipt of funds.

Wash. Admin. Code § 194-18-010 Authority.

This chapter is promulgated pursuant to the authority granted in chapter 34.05 RCW and RCW 43.21F.045(12).

History

Statutory Authority: RCW 43.21F.045(12). WSR 89-15-013 (Order 89-11-083), § 194-18-010, filed 7/10/89, effective 8/10/89.

Wash. Admin. Code § 194-18-020 Purpose.

The purpose of this chapter is to set forth the means by which the Washington state energy office may receive funds by specifying a list of "other devices" as found in RCW 43.21F.060(2).

History

Statutory Authority: RCW 43.21F.045(12). WSR 89-15-013 (Order 89-11-083), § 194-18-020, filed 7/10/89, effective 8/10/89.

Wash. Admin. Code § 194-18-030 Receipt of funds.

The Washington state energy office is empowered in RCW 43.21F.060(2) to receive funds "by means of contracts, grants, awards, payments for services and other devices." "Other devices" is defined as cash, negotiable instruments (e.g., checks, promissory notes), purchase orders, money orders, letters of credit, requests for advance or reimbursement, valid credit cards and charge cards issued by a bank or other financial institutions, and documented "in-kind" services.

History

Statutory Authority: RCW 43.21F.045(12). WSR 89-15-013 (Order 89-11-083), § 194-18-030, filed 7/10/89, effective 8/10/89.

Chapter 194-22 Washington state curtailment plan for electric energy.

Wash. Admin. Code § 194-22-010 Purpose and goal.

The purpose of this chapter is to establish the process by which the state of Washington and Washington state utilities will initiate and implement statewide electric load curtailment when there is an insufficient supply of electric energy. This chapter constitutes the Washington state curtailment plan for electric energy (plan). The plan is not intended to be activated for relatively short-term emergencies such as those caused by extremely cold weather or the temporary loss of a major generating plant, but for regional, protracted shortages of electric energy. The plan will be activated by the department of community, trade, and economic development for regional emergencies for which regional curtailment is necessary. Such emergencies may or may not coincide with other emergencies for which other actions, such as repair of damaged facilities, are necessary.

The goal of this plan is to accomplish necessary curtailment while treating consumers fairly and equitably, minimizing adverse impacts from curtailment, complying with existing state laws and regulations, and providing for smooth, efficient, and effective curtailment administration.

History

Statutory Authority: RCW 43.21F.045. WSR 99-21-008, § 194-22-010, filed 10/8/99, effective 11/8/99
WSR 94-20-103, § 194-22-010, filed 10/4/94, effective 11/4/94.

Wash. Admin. Code § 194-22-020 Definitions.

"Base billing period" is one of the billing periods comprising the base year. Base billing period data may be weather-normalized at each utility's discretion before being used to calculate the amount of curtailment required by consumers.

"Base year" is the period from which required curtailment is calculated. It is normally the twelve-month period immediately preceding imposition of state-initiated load curtailment.

"Critical load consumer" includes consumers that supply essential services relating to public health, safety, welfare, or energy production, and includes but is not limited to those consumers listed in RCW 43.21G.030.

"Curtailment" means electric load reduction, irrespective of the means by which that reduction is achieved.

"Curtailment target" is the maximum amount of energy that a consumer may use and still remain in compliance with the state curtailment request or order; the curtailment target is figured individually for each consumer.

"Direct service industries" means industries, primarily aluminum plants, that receive electric power directly from the Bonneville Power Administration (BPA).

"Excess power consumption" is that amount of electric energy consumed during any billing period which is above the consumer's calculated curtailment target. It is calculated as one of two values:

*Actual or estimated load minus curtailment target; or

*Weather-normalized load minus curtailment target. Under mandatory curtailment, if a consumer's electric energy consumption exceeds the threshold consumption level, all excess power consumption is subject to penalty unless exempted (see WAC 194-22-110, mandatory curtailment enforcement).

"General use customer" refers to any nonresidential consumer who purchased and consumed five average megawatts or less during the base year.

"Major use consumer" refers to any consumer who purchased and consumed over five average megawatts during the base year.

"Minimum audit level" is the minimum percentage of consumers in each consuming sector that must be audited each billing period under mandatory curtailment. The minimum audit level is set by the state and subject to change.

"Region" includes the states of Washington, Oregon, Idaho, and those portions of Montana that are west of the continental divide and/or within the control area of the Montana Power Company.

"Regional curtailment plan for electric energy, May 22, 1992" is the model document on which this plan is based. The regional curtailment plan for electric energy and appendices are a policy document the state will use to guide implementation of this plan. Where there are discrepancies, this chapter applies.

"Regional load" is the electric load placed by ultimate consumers within the region on their respective utility suppliers.

"State" means the department of community, trade, and economic development. Other state agencies which may participate in curtailment activities include: The office of the governor; the utilities and transportation commission; and the joint senate and house energy and utilities committee established during energy emergencies.

"State contacts" refers to individuals who represent the state of Washington in connection with curtailment issues.

"State-initiated" refers to actions taken by the state to implement load curtailment.

"Threshold consumption level" is the maximum amount of energy that a consumer can use during mandatory load curtailment without being subject to enforcement measures (see WAC 194-22-110, mandatory curtailment enforcement) taken under this plan. The threshold consumption level is set by the state and subject to change.

"Utility contacts" refers to individuals representing utilities in connection with curtailment issues.

"Utility coordinator" is the director of the northwest power pool.

"Utility curtailment reports" are reports summarizing curtailment data, which must be submitted monthly to the state and the utility coordinator. Reporting requirements are provided by the state to utilities.

"Weather-normalization" is the procedure used to reflect the impact of weather on utility load levels, sometimes referred to as "weather-adjustment."

History

Statutory Authority: RCW 43.21F.045. WSR 99-21-008, § 194-22-020, filed 10/8/99, effective 11/8/99
WSR 94-20-103, § 194-22-020, filed 10/4/94, effective 11/4/94.

Wash. Admin. Code § 194-22-030 Curtailment stages.

State curtailment directives apply to all retail loads served within the state of Washington. Under this plan, curtailment is requested or ordered as a percentage of historical, base billing period electric energy consumption, weather normalized at the discretion of each utility, for all individual residential, general, and major use consumers in the state of Washington. Curtailment stages are associated with increasing energy deficits, and are therefore likely to be implemented in a sequential manner, however, circumstances may require nonsequential implementation.

The five curtailment stages are:

Curtailment

| Stage # | Nature | Percent | Type of Curtailment | | --- | --- | --- | --- | | Stage 1 | Voluntary | No specified % | Uniform among all consumers | | Stage 2 | Voluntary | 5%+ | Uniform among all consumers | | Stage 3 | Mandatory | 5 to 15% | Uniform among all consumers | | Stage 4 | Mandatory | 15% | Residential consumers | | 15%+ | General use consumers | | | | 15%+ | Major use consumers | | | | Stage 5 | Mandatory | % associated with Stage 4+ additional curtailment | Continued consumer curtailment plus utility action, including plant closures and possible black-outs |

History

Statutory Authority: RCW 43.21F.045. WSR 94-20-103, § 194-22-030, filed 10/4/94, effective 11/4/94.

Wash. Admin. Code § 194-22-040 Initiation of load curtailment.

The state, in consultation with regional state and utility contacts, will determine if curtailment is required, and if so, the appropriate initial stage. It is the intent of the state to initiate statewide curtailment concurrent with Oregon, Idaho, and Montana, leading to an effective regional curtailment and consistent implementation policies. The state will formally notify the utility coordinator and all electric utilities operating within the state of Washington that regional and statewide electric load curtailment are in effect. If any stage associated with a specific level of curtailment is declared (Stages 2-5), the state will publicly announce the need for curtailment and provide all utilities operating within the state of Washington with written instructions regarding utility obligations during the period of state-initiated load curtailment. Upon notification by the state, utilities shall immediately initiate curtailment on their own systems in conformance with this plan.

History

Statutory Authority: RCW 43.21F.045. WSR 94-20-103, § 194-22-040, filed 10/4/94, effective 11/4/94.

Wash. Admin. Code § 194-22-050 Curtailment administration—Stage by stage utility obligations.

Throughout the curtailment period, utilities will provide consumers with as much useful information as they reasonably can. The requirements specified below represent minimum actions to be taken. All requirements for lower level stages continue to apply to higher level stages. Utilities will provide information to the public, state and utility coordinator in conformance with the regional curtailment plan for electric energy, Appendix B, "Types of Curtailment Information."

(1) Stage 1 requirements: Utilities will begin providing curtailment information to all consumers. Utilities shall also assist states, as appropriate, in briefing the media about the shortage.

(2) Stage 2 requirements: Utilities will:

(a) Notify consumers of the percentage level of state-initiated voluntary curtailment;

(b) Provide curtailment tips to consumers;

(d) Provide curtailment reports to the states and the utility coordinator; and

(e) Provide more detailed information to the media than provided in Stage 1.

(3) Stage 3 requirements: Utilities will:

(a) Notify consumers of the percentage level of state-ordered mandatory curtailment;

(b) Calculate base billing period data and curtailment targets for all consumers subject to audit in the current billing period;

(d) Provide consumers with information about how to apply for exemption and adjustment of base year data (utilities may elect to provide this information only to audited consumers or those subject to penalties (see WAC 194-22-110, mandatory curtailment enforcement) under this plan);

(e) Process requests for exemption and base year data adjustments from those consumers selected for audit who would otherwise be subject to penalties (see WAC 194-22-110, mandatory curtailment enforcement); and

(f) Implement the enforcement requirements (see WAC 194-22-110, mandatory curtailment enforcement) of the plan.

(4) Stage 4 requirements: Utilities will notify consumers of any applicable changes in state-initiated mandatory curtailment.

(5) Stage 5 requirements: Utilities will collaborate with the state to develop and implement the most effective methods for securing the required load curtailment and to minimize the economic and human hardships of the last stage of load curtailment.

History

Statutory Authority: RCW 43.21F.045. WSR 94-20-103, § 194-22-050, filed 10/4/94, effective 11/4/94.

Wash. Admin. Code § 194-22-060 Curtailment administration—Suggested curtailment actions.

Utilities will provide their consumers with curtailment information about actions they can take to reduce their electric energy consumption. The state and utilities will work together to develop this material. The recommendations will be based on the actions described in the regional curtailment plan for electric energy, Appendix C, "Curtailment Measures." Utilities are responsible for tailoring curtailment information to their service areas, adding utility-specific information, printing the material in an appropriate form, and disseminating it to their consumers.

History

Statutory Authority: RCW 43.21F.045. WSR 94-20-103, § 194-22-060, filed 10/4/94, effective 11/4/94.

Wash. Admin. Code § 194-22-070 Curtailment administration—Base year, base billing period data.

The state will select a base year to be used in calculating curtailment targets for individual consumers. Base year and base billing period data may be weather-normalized at each utility's discretion using standard utility procedures, and will be calculated for any consumer audited under this plan. Utilities may elect to audit residential and general use consumers for whom no actual base year or base billing period data exists, but must estimate data for such consumers. Utilities will estimate base year and base billing period data for all major use consumers for whom no actual billing data exists.

History

Statutory Authority: RCW 43.21F.045. WSR 94-20-103, § 194-22-070, filed 10/4/94, effective 11/4/94.

Wash. Admin. Code § 194-22-080 Curtailment administration—Curtailment targets.

Under voluntary curtailment utilities need do no more than provide curtailment tips to consumers, provided sufficient curtailment is being achieved equitably between states and utilities. At the direction of the state, utilities will provide individual consumers with curtailment targets. Utilities will provide retrospective, current, and forthcoming billing period curtailment target data to all consumers as directed by the state. Under mandatory curtailment the following will apply:

(1) At a minimum, utilities will provide retrospective, current, and forthcoming billing period curtailment target data to any audited consumer and to any consumer who so requests.

(2) Utilities may elect to audit up to one hundred percent of their customers, provided that each billing period minimum audit level requirements are met. Unless adjusted by the state, the minimum audit level will be at least one percent of residential consumers, five percent of general use consumers, one hundred percent of major use consumers, and any consumer whose previous billing period consumption exceeded the threshold consumption level. Such consumers will continue to be audited until their energy use falls below the threshold consumption level. Once their energy use falls below that level, they will be audited again only if selected by sample.

(3) For audit, new samples will be drawn each month. The number of consumers exempted or excluded from audit will not affect the sample size.

(4) Unless a utility is auditing one hundred percent of its residential and general use consumers, all such consumers selected for audit will be chosen on a random sample basis, except that the following consumers will be excluded:

(a) Consumers granted an exemption under this plan; and

(b) Consumers with an estimated power bill in the current billing period.

Utilities may elect to exclude residential and general use consumers with estimated base billing period data, if the state does not require their inclusion in the pool of consumers subject to audit.

(5) Any existing curtailment of load based on contractual provisions between an industrial consumer and its utility does not count towards the consumer's required curtailment obligation to the state, excepting where such curtailment represents fifty percent of the consumer's base year consumption level. This exemption may be suspended by the state under Stage 5 of mandatory curtailment.

History

Statutory Authority: RCW 43.21F.045. WSR 94-20-103, § 194-22-080, filed 10/4/94, effective 11/4/94.

Wash. Admin. Code § 194-22-090 Curtailment administration—Excess power consumption.

Excess power consumption is calculated at each utility's discretion as one of two values: Actual or estimated load minus curtailment target; or weather-normalized load minus curtailment target. Enforcement measures (see WAC 194-22-110, mandatory curtailment enforcement) will only be assessed on excess power consumption if a consumer's actual, estimated or weather-normalized load is greater than the threshold consumption level.

History

Statutory Authority: RCW 43.21F.045. WSR 94-20-103, § 194-22-090, filed 10/4/94, effective 11/4/94.

Wash. Admin. Code § 194-22-100 Curtailment administration—Threshold consumption level.

The threshold consumption level assigned to each consumer class is identified in the table below. These values are subject to change by the state.

| Type of Consumer | Threshold Consumption Level | | | | --- | --- | --- | --- | | | Residential consumers | | 10% above curtailment target | | | General use consumers | | 10% above curtailment target | | | Major use consumers | | 2% above curtailment target |

History

Statutory Authority: RCW 43.21F.045. WSR 94-20-103, § 194-22-100, filed 10/4/94, effective 11/4/94.

Wash. Admin. Code § 194-22-110 Curtailment administration—Mandatory curtailment enforcement.

The state will take whatever measures are available and appropriate at the time mandatory curtailment is instituted to ensure that consumers comply with the mandates of the plan.

Enforcement measures applicable to BPA's DSI customers may be assessed by the state based on billing data provided by BPA.

History

Statutory Authority: RCW 43.21F.045. WSR 94-20-103, § 194-22-110, filed 10/4/94, effective 11/4/94.

Wash. Admin. Code § 194-22-120 Curtailment administration—Exemptions and adjustments.

(1) Utilities will inform consumers how to apply for exemption from plan requirements and for adjustments of base billing period data. Utilities may elect to process exemptions and adjustments only for audited consumers. Consumers seeking an exemption or adjustment shall apply first to their utility and then, if dissatisfied with that outcome, to the state.

(2) No automatic consumer exemptions will be granted under mandatory state-initiated load curtailment. Critical load consumers may be exempted once they have demonstrated to their utility that they have eliminated all nonessential energy use and are using any reliable, cost-effective back-up energy resources. Exempted consumers should be informed that exemption may not protect them from Stage 5 black-outs.

(3) Exemptions for consumers not qualifying as critical load consumers under this plan will be evaluated based on whether curtailment would result in unreasonable exposure to health or safety hazards, seriously impair the welfare of the affected consumer, cause extreme economic hardship relative to the amount of energy saved, or produce counterproductive results.

(4) Utilities will maintain a list of all consumers applying for exemption, noting the account, the nature of the requested exemption (base year adjustment or exemption from the mandatory curtailment order), the rationale provided by the consumer, and the action taken by the utility with respect to the request. Records regarding exemption determinations will be made available to the department of community, trade, and economic development upon request.

History

Statutory Authority: RCW 43.21F.045. WSR 99-21-008, § 194-22-120, filed 10/8/99, effective 11/8/99
WSR 94-20-103, § 194-22-120, filed 10/4/94, effective 11/4/94.

Wash. Admin. Code § 194-22-130 Curtailment administration—State appeals board.

(1) In the event that mandatory curtailment is ordered, the state shall form an electricity curtailment appeals board (board) to process consumer requests for either exemption or adjustment of base year data where the consumer is appealing a utility determination. The board shall consist of twelve members: The director of the department of community, trade, and economic development or designee who shall serve as chair, the chair of the Washington utilities and transportation commission or designee, and one representative from each of the following groups as appointed by the governor; public utility districts, cooperative, municipal, and investor-owned utilities, county and municipal government, commercial and industrial users, and two citizens at large.

(2) The board will:

(a) Develop its own plans and procedures for hearing appeals;

(b) Initiate communications with utilities for receiving appeals; and

(c) Provide information to the governor for any case in which the board refuses to grant the requested exemption or adjustment.

(3) Throughout the appeals process, the state will periodically inform the appealing consumers and their respective utilities of the status of the appeals.

History

Statutory Authority: RCW 43.21F.045. WSR 99-21-008, § 194-22-130, filed 10/8/99, effective 11/8/99
WSR 94-20-103, § 194-22-130, filed 10/4/94, effective 11/4/94.

Wash. Admin. Code § 194-22-140 Utility exemption from plan.

The state expects all electric utilities to comply with all aspects of this plan, and to work together to assist each other in conforming to curtailment requirements. Nevertheless, utilities may appeal to the state requesting an exemption from any aspect of this plan. A petition for exemption shall identify specific requirements from which a utility wishes to be exempted, demonstration of need for the exemption, and alternative actions the utility will take in lieu of complying with plan requirements.

History

Statutory Authority: RCW 43.21F.045. WSR 94-20-103, § 194-22-140, filed 10/4/94, effective 11/4/94.

Wash. Admin. Code § 194-22-150 Utility waiver of liability and financial relief.

Utilities are released from liability and may seek financial relief from the extraordinary costs of curtailment in accordance with RCW 43.21G.050 and 43.21G.080.

History

Statutory Authority: RCW 43.21F.045. WSR 94-20-103, § 194-22-150, filed 10/4/94, effective 11/4/94.

Wash. Admin. Code § 194-22-160 Scheduling curtailment.

During periods of mandatory curtailment a consumer is obligated to provide the requisite amount of curtailment within each billing period. Within that billing period, and subject to equipment limitations and utility rules on load fluctuations, consumers are free to schedule their curtailment so as to minimize the economic cost, hardship, or inconvenience they experience as a result of the mandatory curtailment requirement.

History

Statutory Authority: RCW 43.21F.045. WSR 94-20-103, § 194-22-160, filed 10/4/94, effective 11/4/94.

Wash. Admin. Code § 194-22-170 Purchase of curtailment requirements.

General and major use customers may, with approval from the state, and with the assistance and approval of effected utilities, sell curtailment requirements to other regional general and major use customers, which would allow reduced curtailment for one customer and a commensurate increase in curtailment requirements for the other. No arrangement under this section may be carried out that contravenes the goals of regional curtailment. No sale of curtailment requirements may result in a net increase in actual electricity consumption during the curtailment year.

History

Statutory Authority: RCW 43.21F.045. WSR 94-20-103, § 194-22-170, filed 10/4/94, effective 11/4/94.

Wash. Admin. Code § 194-22-180 Consumer owned generation.

Consistent with the need for safety and system protection, consumers having their own generation facilities or access to electricity from nonutility power sources may use energy from those other sources to supplement their curtailed power purchases from their electric utility.

History

Statutory Authority: RCW 43.21F.045. WSR 94-20-103, § 194-22-180, filed 10/4/94, effective 11/4/94.

Wash. Admin. Code § 194-22-190 Return to normal operations.

The state will develop a plan for returning to normal utility operations based upon the circumstances at the end of the shortage. The nature of the actions required will depend on the last existing stage of curtailment and the actions taken and processes put in place during the curtailment. At a minimum, the procedures will address public information matters and the close-out of curtailment administrative procedures.

History

Statutory Authority: RCW 43.21F.045. WSR 94-20-103, § 194-22-190, filed 10/4/94, effective 11/4/94.

Chapter 194-24 Appliance standards.

Wash. Admin. Code § 194-24-010 Authority.

The authority to develop these rules is granted to the department in Title 19.260 RCW.

History

Statutory Authority: Chapter 19.260 RCW. WSR 07-14-092, § 194-24-010, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 194-24-020 Purpose and scope.

The purpose of these rules is to establish efficiency standards and design requirements for certain products sold or installed in the state assuring consumers and businesses that such products meet minimum efficiency performance levels thus saving energy and money on utility bills. This chapter applies to products sold or offered for sale, lease, or rent in the state, except those sold wholesale in Washington for final retail sale outside the state and those designed and sold exclusively for use in recreational vehicles, or other mobile equipment. The standards and design requirements apply regardless of whether the product is installed as a stand-alone product or as a component of another product.

History

Statutory Authority: RCW 19.260.070. WSR 20-03-013, § 194-24-020, filed 1/6/20, effective 2/6/20. Statutory Authority: Chapter 19.260 RCW. WSR 07-14-092, § 194-24-020, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 194-24-030 Definitions.

The definitions in chapter 19.260 RCW apply throughout this chapter.

(1) The following terms have the same meaning as used in the California Rule:

(a) Showerheads;

(b) Tub spout diverters;

(d) Lavatory faucets and replacement aerators;

(e) Kitchen faucets and replacement aerators;

(f) Public lavatory faucets and replacement aerators;

(g) Urinals;

(h) Water closets;

(i) Computers and computer monitors; and

(j) Portable electric spas.

(2) "California Rule" means Title 20, Article 4, California Code of Regulations, in effect on December 9, 2021.

(3) "MAEDbS" means the modernized appliance efficiency database system established pursuant to section 1606(c) of the California Rule and maintained by the California energy commission.

(4) "Distribute" means to import, consign, buy or sell for resale, offer for sale, sell, barter, exchange, install for compensation or otherwise supply a product subject to the standards in this chapter or chapter 19.260 RCW.

(5) "Distributor" means a person who distributes.

(6) "Manufacturer" has the same meaning as used in the California Rule.

History

Statutory Authority: RCW 19.260.070, 19.260.040, and 19.260.080. WSR 23-07-050, § 194-24-030, filed 3/9/23, effective 4/9/23. Statutory Authority: RCW 19.260.070 and 19.260.040. WSR 22-09-015, § 194-24-030, filed 4/11/22, effective 5/12/22
WSR 20-21-083, § 194-24-030, filed 10/19/20, effective 11/19/20. Statutory Authority: RCW 19.260.070. WSR 20-03-013, § 194-24-030, filed 1/6/20, effective 2/6/20. Statutory Authority: Chapter 19.260 RCW. WSR 07-14-092, § 194-24-030, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 194-24-070 Violations, assessment of civil penalties, and review of penalty decisions.

(1) First violations (notice of violation): When the department has determined that a manufacturer or distributor has violated chapter 19.260 RCW or this chapter, the director or their designee will issue a warning in the form of a notice of violation (NOV) for the first violation. The NOV will specify the time by which the manufacturer or distributor must cure the violation. If compliance is not achieved by the date established in the NOV, the department may consider the manufacturer's or distributor's continued noncompliance to constitute a subsequent violation.

(2) Repeat violations (notice of repeat violation and intent to assess penalties): If the department determines that the person receiving the NOV has committed a subsequent violation of chapter 19.260 RCW, the director or their designee may issue a notice of repeat violation and intent to assess penalties (NOI). The NOI informs the manufacturer or distributor of the portions of chapter 19.260 RCW and this chapter that have been violated and will include a description of how penalties will be calculated. A manufacturer or distributor receiving an NOI has twenty-five days from the date notice is given to request an administrative hearing by following the process specified on the NOI. If the request for hearing is not timely filed with the department, the manufacturer or distributor waives its right to a hearing and the director or their designee may issue a final order assessing penalties described in the NOI.

(3) Penalty assessment: Repeat violations are subject to a civil penalty of not more than two hundred fifty dollars a day, and the department may consider each unit of a noncompliant product to be a separate violation.

(4) Unpaid penalties: Interest will accrue on civil penalties pursuant to RCW 43.17.240 if and when the debt becomes past due. If a penalty has not been paid by the due date, the department may assign the debt to a collection agency as authorized by RCW 19.16.500 or take other action to pursue collection as authorized by law. If referred to a collection agency, the department may add a reasonable fee, payable by the debtor, to the outstanding debt for the collection agency fee.

(5) Administrative hearings: After receiving a timely request for an administrative hearing, the department may refer the matter to the office of administrative hearings (OAH). Administrative hearings will be conducted in accordance with the Administrative Procedure Act, chapter 34.05 RCW, the model rules of procedure, chapter 10-08 WAC, and the procedural rules adopted in this section. In the case of a conflict between the model rules of procedure and the procedural rules adopted in this section, the procedural rules adopted in this section take precedence.

(6) Initial orders to become final orders. Initial orders issued by the presiding officer will become final without further agency action unless, within twenty days:

(a) The director determines that the initial order should be reviewed; or

(b) A party to the proceeding files a petition for administrative review of the initial order. Upon occurrence of either event, notice shall be given to all parties to the proceeding.

(7) Reply to a petition for review. If a timely petition for review of an initial order is filed, other parties to the proceeding may file a reply to the petition for review. The reply shall be filed with the office where the petition for review was filed within twenty days of the date of service of the petition and copies shall be served upon all other parties or their representatives at the time the reply is filed.

(8) Agency review of an initial order. If the director determines the initial order should be reviewed or a petition for administrative review has been timely filed, the director may do one or more of the following: Allow the parties to present oral arguments as well as the written arguments; require the parties to specify the portions of the record on which the parties rely; require the parties to submit additional information by affidavit or certificate; remand the matter to the administrative law judge for further proceedings; and require a departmental employee to prepare a summary of the record for the director to review. The director or their designee shall issue a final order that can affirm, modify, or reverse the initial order. The final order will be served on all parties.

(9) Judicial review: A final order entered pursuant to this section is subject to judicial review pursuant to RCW 34.05.510 through 34.05.598.

History

Statutory Authority: RCW 19.260.070 and 19.260.040. WSR 20-21-083, § 194-24-070, filed 10/19/20, effective 11/19/20. Statutory Authority: RCW 19.260.070. WSR 20-03-013, § 194-24-070, filed 1/6/20, effective 2/6/20. Statutory Authority: Chapter 19.260 RCW. WSR 07-14-092, § 194-24-070, filed 6/29/07, effective 7/30/07.

Wash. Admin. Code § 194-24-105 Portable electric spas.

(1) Scope. This rule applies to new portable electric spas manufactured on or after January 1, 2024.

(2) Standard. Portable electric spas must meet the requirements specified in section 1605.3 of the California Rule.

(3) Testing. Portable electric spas must be tested in accordance with the method specified in the American National Standard for portable electric spa energy efficiency (ANSI/APSP/ICC-14 2019).

(4) Listing. Each manufacturer must cause to be listed each portable electric spa, by model number, in MAEDbS.

(5) Marking. Every unit of every portable electric spa must comply with the requirements of section 1607 of the California Rule.

History

Statutory Authority: RCW 19.260.070, 19.260.040, and 19.260.080. WSR 23-07-050, § 194-24-105, filed 3/9/23, effective 4/9/23. Statutory Authority: RCW 19.260.070. WSR 20-03-013, § 194-24-105, filed 1/6/20, effective 2/6/20.

Wash. Admin. Code § 194-24-110 Tub spout diverters.

(1) Scope. This rule applies to new tub spout diverters manufactured on or after January 1, 2010, and installed for compensation in the state on or after January 1, 2011.

(2) Standard. Tub spout diverters that are within the scope and definition of the applicable regulation must meet the requirements in the California Rule, section 1605.3.

(3) Testing. Tub spout diverters must meet the testing criteria as measured in accordance with the test methods prescribed in the California Rule, section 1604.

(4) Listing. Each manufacturer must cause to be listed each tub spout diverter, by model number, in MAEDbS.

(5) Marking. Every unit of every tub spout diverter must comply with the requirements of section 1607 of the California Rule.

History

Statutory Authority: RCW 19.260.070. WSR 20-03-013, § 194-24-110, filed 1/6/20, effective 2/6/20.

Wash. Admin. Code § 194-24-115 Commercial hot food holding cabinets.

(1) Scope. This rule applies to new commercial hot food holding cabinets manufactured on or after January 1, 2010, and installed for compensation in the state on or after January 1, 2011.

(2) Standard. Commercial hot food holding cabinets must meet the requirements included in the scope of the Environmental Protection Agency ENERGY STAR® program product specification for commercial hot food holding cabinets, version 2.0.

(3) Testing. The idle energy rate of commercial hot food holding cabinets shall be determined using ANSI/ASTM F2140-11 standard test method for the performance of hot food holding cabinets (test for idle energy rate dry test).

(4) Listing. Each manufacturer must cause to be listed each commercial hot food holding cabinet, by model number, in MAEDbS.

(5) Marking. Every unit of every commercial hot food holding cabinet must comply with the requirements of section 1607 of the California Rule.

History

Statutory Authority: RCW 19.260.070, 19.260.040, and 19.260.080. WSR 23-07-050, § 194-24-115, filed 3/9/23, effective 4/9/23. Statutory Authority: RCW 19.260.070. WSR 20-03-013, § 194-24-115, filed 1/6/20, effective 2/6/20.

Wash. Admin. Code § 194-24-120 Commercial dishwashers.

(1) Scope. This rule applies to new commercial dishwashers manufactured on or after January 1, 2021.

(2) Standard. Commercial dishwashers must meet the requirements included in the scope of the Environmental Protection Agency ENERGY STAR® program product specification for commercial dishwashers, version 2.0.

(3) Testing. Commercial dishwashers must meet the testing requirements included in the scope of the Environmental Protection Agency ENERGY STAR® program product specification for commercial dishwashers, version 2.0.

(4) Listing. Each manufacturer must cause to be listed each commercial dishwasher, by model number, in the ENERGY STAR® product database.

(5) Marking. Every unit of every commercial dishwasher must have an ENERGY STAR® label.

History

Statutory Authority: RCW 19.260.070. WSR 20-03-013, § 194-24-120, filed 1/6/20, effective 2/6/20.

Wash. Admin. Code § 194-24-125 Commercial fryers.

(1) Scope. This rule applies to new commercial fryers manufactured on or after January 1, 2021.

(2) Standard. Commercial fryers must meet the requirements included in the scope of the Environmental Protection Agency ENERGY STAR® program product specification for commercial fryers, version 2.0.

(3) Testing. Commercial fryers must meet the testing requirements included in the scope of the Environmental Protection Agency ENERGY STAR® program product specification for commercial fryers, version 2.0.

(4) Listing. Each manufacturer must cause to be listed each commercial fryer, by model number, in the ENERGY STAR® product database.

(5) Marking. Every unit of every commercial fryer must have an ENERGY STAR® label.

History

Statutory Authority: RCW 19.260.070. WSR 20-03-013, § 194-24-125, filed 1/6/20, effective 2/6/20.

Wash. Admin. Code § 194-24-127 Commercial ovens.

(1) Scope. This rule applies to new commercial ovens manufactured on or after January 1, 2024.

(2) Standard. Commercial ovens must meet the requirements included in the scope of the Environmental Protection Agency ENERGY STAR® program product specification for commercial ovens, version 2.2.

(3) Testing. Commercial ovens must meet the testing requirements included in the scope of the Environmental Protection Agency ENERGY STAR® program product specification for commercial ovens, version 2.2.

(4) Listing. Each manufacturer must cause to be listed each commercial oven, by model number, in the ENERGY STAR® product database.

(5) Marking. Every unit of every commercial oven must have an ENERGY STAR® label.

History

Statutory Authority: RCW 19.260.070, 19.260.040, and 19.260.080. WSR 23-07-050, § 194-24-127, filed 3/9/23, effective 4/9/23.

Wash. Admin. Code § 194-24-130 Commercial steam cookers.

(1) Scope. This rule applies to new commercial steam cookers manufactured on or after January 1, 2021.

(2) Standard. Commercial steam cookers must meet the requirements included in the scope of the Environmental Protection Agency ENERGY STAR® program product specification for commercial steam cookers, version 1.2.

(3) Testing. Commercial steam cookers must meet the testing requirements included in the scope of the Environmental Protection Agency ENERGY STAR® program product specification for commercial steam cookers, version 1.2.

(4) Listing. Each manufacturer must cause to be listed each commercial steam cooker, by model number, in the ENERGY STAR® product database.

(5) Marking. Every unit of every commercial steam cooker must have an ENERGY STAR® label.

History

Statutory Authority: RCW 19.260.070. WSR 20-03-013, § 194-24-130, filed 1/6/20, effective 2/6/20.

Wash. Admin. Code § 194-24-135 Computers and computer monitors.

(1) Scope. This rule applies to new computers and computer monitors manufactured on or after January 1, 2021.

(2) Standard. Computers and computer monitors must meet the requirements of section 1605.3(v) of the California Rule.

(3) Testing. Computers and computer monitors must meet the testing requirements of section 1603 of the California Rule as measured in accordance with the test methods prescribed in section 1604(v) of the California Rule.

(4) Listing. Each manufacturer must cause to be listed each computer and computer monitor, by model number, in MAEDbS.

(5) Marking. Every unit of every computer and computer monitor must comply with the requirements of section 1607 of the California Rule.

History

Statutory Authority: RCW 19.260.070. WSR 20-03-013, § 194-24-135, filed 1/6/20, effective 2/6/20.

Wash. Admin. Code § 194-24-140 Faucets.

(1) Scope. This rule applies to new faucets manufactured on or after January 1, 2021.

(2) Standard. The following products that are within the scope and definition of the applicable regulation must meet the requirements in the California Rule, section 1605.3:

(a) Lavatory faucets and replacement aerators;

(b) Kitchen faucets and replacement aerators;

(3) Testing. Faucets must meet the testing criteria as measured in accordance with the test methods prescribed in the California Rule, section 1604.

(4) Listing. Each manufacturer must cause to be listed each faucet, by model number, in MAEDbS.

(5) Marking. Every unit of every faucet must comply with the requirements of section 1607 of the California Rule.

History

Statutory Authority: RCW 19.260.070. WSR 20-03-013, § 194-24-140, filed 1/6/20, effective 2/6/20.

Wash. Admin. Code § 194-24-145 High color rendering index (CRI) fluorescent lamps.

(1) Scope. This rule applies to new high CRI fluorescent lamps manufactured on or after January 1, 2023.

(2) Standard. High CRI fluorescent lamps must meet the requirements in 10 C.F.R. Sec. 430.32(n)(4) in effect as of January 3, 2017.

(3) Testing. High CRI fluorescent lamps must meet the testing criteria as measured in accordance with the test methods prescribed in 10 C.F.R. Sec. 430.23 (appendix R to subpart B of part 430) in effect as of January 3, 2017.

(4) Listing. There is no listing requirement for this product.

(5) Marking. Every unit of every high CRI fluorescent lamp must comply with the requirements of section 1607 of the California Rule.

History

Statutory Authority: RCW 19.260.070. WSR 20-03-013, § 194-24-145, filed 1/6/20, effective 2/6/20.

Wash. Admin. Code § 194-24-150 Residential ventilating fans manufactured before January 1, 2024.

(1) Scope. This rule applies to new residential ventilating fans manufactured between January 1, 2021, and December 31, 2023.

(2) Standard. Residential ventilating fans must meet the requirements included in the scope of the Environmental Protection Agency ENERGY STAR® program product specification for residential ventilating fans, version 3.2.

(3) Testing. Residential ventilating fans must meet the testing requirements included in the scope of the Environmental Protection Agency ENERGY STAR® program product specification for residential ventilating fans, version 3.2.

(4) Listing. There is no listing requirement for this product.

(5) Marking. There is no marking requirement for this product.

History

Statutory Authority: RCW 19.260.070, 19.260.040, and 19.260.080. WSR 23-07-050, § 194-24-150, filed 3/9/23, effective 4/9/23. Statutory Authority: RCW 19.260.070 and 19.260.040. WSR 20-21-083, § 194-24-150, filed 10/19/20, effective 11/19/20. Statutory Authority: RCW 19.260.070. WSR 20-03-013, § 194-24-150, filed 1/6/20, effective 2/6/20.

Wash. Admin. Code § 194-24-151 Residential ventilating fans manufactured on or after January 1, 2024.

(1) Scope. This rule applies to new residential ventilating fans manufactured on or after January 1, 2024.

(4) Listing. Each manufacturer must cause to be listed each residential ventilating fan, by model number, in the ENERGY STAR® product database.

(5) Marking. Every unit of every residential ventilating fan must have an ENERGY STAR® label.

History

Statutory Authority: RCW 19.260.040 and 19.260.070. WSR 24-07-099, § 194-24-151, filed 3/20/24, effective 4/20/24. Statutory Authority: RCW 19.260.070, 19.260.040, and 19.260.080. WSR 23-07-050, § 194-24-151, filed 3/9/23, effective 4/9/23.

Wash. Admin. Code § 194-24-155 Showerheads.

(1) Scope. This rule applies to new showerheads manufactured on or after January 1, 2021.

(2) Standard. Showerheads that are within the scope and definition of the applicable regulation must meet the requirements in the California Rule, section 1605.3.

(3) Testing. Showerheads must meet the testing criteria as measured in accordance with the test methods prescribed in the California Rule, section 1604.

(4) Listing. Each manufacturer must cause to be listed each showerhead, by model number, in MAEDbS.

(5) Marking. Every unit of every showerhead must comply with the requirements of section 1607 of the California Rule.

History

Statutory Authority: RCW 19.260.070. WSR 20-03-013, § 194-24-155, filed 1/6/20, effective 2/6/20.

Wash. Admin. Code § 194-24-160 Spray sprinkler bodies.

(1) Scope. This rule applies to new spray sprinkler bodies manufactured on or after January 1, 2021.

(2) Standard. Spray sprinkler bodies that are not specifically excluded from the scope of the Environmental Protection Agency WaterSense program product specification for spray sprinkler bodies, version 1.0, must include an integral pressure regulator and must meet the water efficiency and performance criteria and other requirements of that specification.

(3) Testing. Spray sprinkler bodies that are not specifically excluded from the scope of the Environmental Protection Agency WaterSense program product specification for spray sprinkler bodies, version 1.0, must include an integral pressure regulator and must meet the water efficiency and performance criteria and other requirements of that specification.

(4) Listing. Each manufacturer must cause to be listed each spray sprinkler body, by model number, in the WaterSense product database.

(5) Marking. Every unit of every spray sprinkler body product package must have a WaterSense label.

History

Statutory Authority: RCW 19.260.070. WSR 20-03-013, § 194-24-160, filed 1/6/20, effective 2/6/20.

Wash. Admin. Code § 194-24-165 Urinals.

(1) Scope. This rule applies to new urinals manufactured on or after January 1, 2021.

(2) Standard. Urinals that are within the scope and definition of the applicable regulation must meet the requirements in the California Rule, section 1605.3.

(3) Testing. Urinals must meet the testing criteria as measured in accordance with the test methods prescribed in the California Rule, section 1604.

(4) Listing. Each manufacturer must cause to be listed each urinal, by model number, in MAEDbS.

(5) Marking. Every unit of every urinal must comply with the requirements of section 1607 of the California Rule.

History

Statutory Authority: RCW 19.260.070. WSR 20-03-013, § 194-24-165, filed 1/6/20, effective 2/6/20.

Wash. Admin. Code § 194-24-170 Water closets.

(1) Scope. This rule applies to new water closets manufactured on or after January 1, 2021.

(2) Standard. Water closets that are within the scope and definition of the applicable regulation must meet the requirements in the California Rule, section 1605.3.

(3) Testing. Water closets must meet the testing criteria as measured in accordance with the test methods prescribed in the California Rule, section 1604.

(4) Listing. Each manufacturer must cause to be listed each water closet, by model number, in MAEDbS.

(5) Marking. Every unit of every water closet must comply with the requirements of section 1607 of the California Rule.

History

Statutory Authority: RCW 19.260.070. WSR 20-03-013, § 194-24-170, filed 1/6/20, effective 2/6/20.

Wash. Admin. Code § 194-24-175 Water coolers.

(1) Scope. This rule applies to new water coolers manufactured on or after January 1, 2021.

(2) Standard. Water coolers included in the scope of the Environmental Protection Agency ENERGY STAR® program product specification for water coolers, version 2.0 must have an on mode with no water draw energy consumption less than or equal to the following values:

(a) 0.16 kilowatt-hours per day for cold-only units and cook and cold units;

(b) 0.87 kilowatt-hours per day for storage type hot and cold units; and

(3) Testing. Water coolers must meet the testing requirements included in the scope of the Environmental Protection Agency ENERGY STAR® program product specification for water coolers, version 2.0.

(4) Listing. Each manufacturer must cause to be listed each water cooler, by model number, in the ENERGY STAR® product database.

(5) Marking. Every unit of every water cooler must have an ENERGY STAR® label.

History

Statutory Authority: RCW 19.260.070. WSR 20-03-013, § 194-24-175, filed 1/6/20, effective 2/6/20.

Wash. Admin. Code § 194-24-180 Electric storage water heaters.

(1) Scope. This rule applies to new electric storage water heaters manufactured on or after January 1, 2023.

(2) Standard. Electric storage water heaters must have a modular demand response communications port compliant with:

(a) The March 2018 version of the ANSI/CTA–2045-A communication interface standard, the February 2021 version of the ANSI/CTA-2045-B application layer requirements, or a standard determined by the department to be equivalent; and

(b) The March 2018 version of the ANSI/CTA-2045-A application layer requirements, or the February 2021 version of the ANSI/CTA-2045-B communication interface standard.

The interface standard and application layer requirements required in this subsection are the versions established in March 2018 and February 2021.

(3) Upon written request by a manufacturer, the department will determine whether an alternative communications port and communication interface standard are equivalent for the purposes of subsection (2) of this section.

(a) Any requested alternative must use a standard that is open and widely available and must provide the demand response functions provided using the standards identified in subsection (2) of this section.

(b) A request for designation of a standard must provide technical documentation demonstrating that the standard satisfies the requirements in (a) of this subsection and must describe any industry or stakeholder process used in developing the standard. The department will provide reasonable opportunity for input by utilities, manufacturers, technical experts and other interested stakeholders prior to determining whether the proposed standard is equivalent. The department will make available on a publicly accessible website any standard that it determines to be equivalent.

(4) Testing. There is no test method required for this product.

(5) Listing. There is no listing requirement for this product.

(6) Marking. Every unit of every electric storage water heater must have a label or marking indicating compliance with the standard in this section. The format and content of the label or marking must be approved in advance by the department.

History

Statutory Authority: RCW 19.260.080 (1)(b). WSR 26-05-066, s 194-24-180, filed 2/17/26, effective 3/20/26. Statutory Authority: RCW 19.260.070, 19.260.040, and 19.260.080. WSR 22-20-025, § 194-24-180, filed 9/23/22, effective 10/24/22. Statutory Authority: RCW 19.260.070. WSR 20-03-013, § 194-24-180, filed 1/6/20, effective 2/6/20.

Wash. Admin. Code § 194-24-185 Air compressors.

(1) Scope. This rule applies to new air compressors manufactured on or after January 1, 2022, through January 9, 2025.

(2) Standard. Air compressors that meet the twelve criteria listed on page 350 to 351 of the "energy conservation standards for air compressors" final rule issued by the United States Department of Energy on December 5, 2016, must meet the requirements in Table 1 on page 352 in accordance with the instructions on page 353.

(3) Testing. Air compressors must meet the test criteria as measured in accordance with the "uniform test method for certain air compressors" under 10 C.F.R. Part 431 (Appendix A to Subpart T) as in effect on July 3, 2017.

(4) Listing. Each manufacturer must cause to be listed each air compressor, by model number, in MAEDbS.

(5) Marking. Every unit of every air compressor must comply with the requirements of Section 1607 of the California Rule.

History

Statutory Authority: RCW 19.260.070 and 19.260.040. WSR 20-21-083, § 194-24-185, filed 10/19/20, effective 11/19/20.

Wash. Admin. Code § 194-24-190 Portable air conditioners.

(1) Scope. This rule applies to new portable air conditioners manufactured on or after February 1, 2022, through January 9, 2025.

(2) Standard. Portable air conditioners must have a combined energy efficiency ratio that is greater than or equal to:

| | 1.04 | × | SACC | | | --- | --- | --- | --- | --- | | | (3.7117 × SACC0.6384) | | | |

where "SACC" is seasonally adjusted cooling capacity in British thermal unit/hour (Btu/hr).

(3) Testing. Portable air conditioners must meet the testing criteria as measured in accordance with the test methods prescribed in 10 C.F.R. Section 430.23 (Appendix CC to Subpart B of Part 430) in effect as of January 3, 2017, as updated by the correction notice at 84 Fed. Reg. 5346 (February 21, 2019).

(4) Listing. Each manufacturer must cause to be listed each portable air conditioner, by model number, in MAEDbS.

(5) Marking. Every unit of every portable air conditioner must comply with the requirements of Section 1607 of the California Rule.

History

Statutory Authority: RCW 19.260.070 and 19.260.040. WSR 20-21-083, § 194-24-190, filed 10/19/20, effective 11/19/20.

Wash. Admin. Code § 194-24-200 Electric vehicle supply equipment.

(1) Scope. This rule applies to new electric vehicle supply equipment manufactured on or after January 1, 2024.

(2) Standard. Electric vehicle supply equipment must meet the requirements included in the scope of the Environmental Protection Agency ENERGY STAR® program product specification for electric vehicle supply equipment, version 1.2.

(3) Testing. Electric vehicle supply equipment must meet the testing requirements included in the scope of the Environmental Protection Agency ENERGY STAR® program product specification for electric vehicle supply equipment, version 1.2.

(4) Listing. Each manufacturer must cause to be listed each electric vehicle supply equipment, by model number, in the ENERGY STAR® product database.

(5) Marking. Every unit of every electric vehicle supply equipment must have an ENERGY STAR® label.

History

Statutory Authority: RCW 19.260.040 and 19.260.070. WSR 24-07-099, § 194-24-200, filed 3/20/24, effective 4/20/24. Statutory Authority: RCW 19.260.070, 19.260.040, and 19.260.080. WSR 23-07-050, § 194-24-200, filed 3/9/23, effective 4/9/23.

Chapter 194-26 Average available greenhouse gases emissions output for emissions performance standard.

Wash. Admin. Code § 194-26-010 Authority.

This chapter is promulgated pursuant to RCW 80.80.050, which requires the energy division of the department of commerce to survey new combined-cycle natural gas thermal electric generation turbines commercially available and offered for sale by manufacturers and purchased in the United States to determine the average rate of emissions of greenhouse gases for these turbines and adopt the average available greenhouse gases emissions output by rule every five years beginning five years after July 22, 2007.

History

Statutory Authority: RCW 80.80.050. WSR 18-19-105, § 194-26-010, filed 9/19/18, effective 10/20/18
WSR 13-06-074, § 194-26-010, filed 3/6/13, effective 4/6/13.

Wash. Admin. Code § 194-26-020 Average available greenhouse gases emissions output.

(1) The energy division of the department of commerce has surveyed new combined-cycle natural gas thermal electric generation turbines commercially available and offered for sale by manufacturers and purchased in the United States, and finds the average available greenhouse gases emissions output to be 876 pounds per megawatt-hour as of the effective date of this section.

(2) The purpose of this subsection is to provide current and historical values for the average available greenhouse gases emissions output established in WAC 194-26-020.

| Average available greenhouse gases emissions output (lb GHG/MWh) - Current and historical values | Start date | End date | | --- | --- | --- | | 876 | Effective date of this section | | | 925 | 10/28/18 | Effective date of this section | | 970 | 4/6/13 | 10/28/18 |

History

Statutory Authority: RCW 80.80.050. WSR 25-04-030, s 194-26-020, filed 1/28/25, effective 2/28/25
WSR 18-19-105, § 194-26-020, filed 9/19/18, effective 10/20/18
WSR 13-06-074, § 194-26-020, filed 3/6/13, effective 4/6/13.

Chapter 194-28 Practicable use of electricity and biofuels to fuel state vehicles, vessels, and construction equipment.

Wash. Admin. Code § 194-28-010 Authority and purpose.

This chapter is pursuant to the authority granted in RCW 43.325.080, which requires the department to adopt rules to define practicability and clarify how state agencies will be evaluated in determining whether they have met the goals set forth in RCW 43.19.648. The goals call for all state agencies, to the extent practicable, to:

(1) Achieve forty percent fuel usage for operating publicly owned vessels, vehicles, and construction equipment from electricity or biofuel by June 1, 2013, and

(2) Satisfy one hundred percent of their fuel usage for operating publicly owned vessels, vehicles, and construction equipment from electricity or biofuel, effective June 1, 2015.

History

Statutory Authority: RCW 43.325.080. WSR 13-10-016, § 194-28-010, filed 4/22/13, effective 5/23/13.

Wash. Admin. Code § 194-28-020 Definitions and abbreviations.

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Agency" or "agencies" - Means any state agency or all state agencies, including institutions of higher education.

(2) "Biofuels" - As defined by RCW 43.325.010(4) includes but is not limited to biodiesel, ethanol, ethanol blend fuels, and renewable liquid natural gas or liquid compressed natural gas made from biogas.

(3) "Department" - Means the department of commerce.

(4) "Ecology" - Means the department of ecology.

(5) "Electric vehicle supply equipment (EVSE)" - Means equipment that delivers electrical energy from an electricity source to charge plug-in electric vehicle batteries.

(6) "Enterprise Services" - Means the department of enterprise services.

(7) "Greenhouse gas," "greenhouse gases," "GHG" and "GHGs" - Include carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. Beginning January 1, 2012, "greenhouse gas" also includes any other gas or gases designated by ecology by rule in Table A-1 under WAC 173-441-040.

(8) "Hybrid electric vehicle (HEV)" - Means a vehicle that combines an internal combustion engine or other propulsion source with batteries, regenerative braking, and an electric motor. HEVs rely on petroleum-based or alternative fuel for power and are not plugged in to charge batteries.

(9) "Lifecycle cost" - Means the total cost of ownership over the life of an asset. This includes purchase or lease cost, operations and maintenance, depreciation, and resale or surplus value.

(10) "Light-duty vehicle" - Means a vehicle with a gross vehicle weight of up to 8,500 pounds.

(11) "Medium-duty vehicle" - Means a vehicle with a gross vehicle weight of between 8,500 and 10,000 pounds.

(12) "Plug-in electric vehicle (PEV)" - Means a vehicle that derives all or part of its power from electricity supplied by an external source.

(13) "Plug-in hybrid electric vehicle (PHEV)" - Means a vehicle that uses batteries to power an electric motor, plugs into an external source to charge batteries, and also uses petroleum-based or alternative fuel to power an internal combustion engine to charge batteries. PHEVs are also known as extended range electric vehicles.

(14) "Practicable or practicability" - Means the extent to which electricity and biofuel can be used as a fuel source for state vehicles, vessels, and construction equipment as determined by such factors as cost differentials between fuels, availability, refueling infrastructure, functional differences, technical feasibility, implementation costs, and other factors.

(15) "Reasonably available" - Means a determination dependent upon multiple dynamic factors affecting reliable volumes and delivery systems, including ability to purchase through the state procurement system, location of refueling infrastructure, and other issues. RCW 43.19.648(1) provides the department the ability to allow state agencies to substitute compressed natural gas (CNG), liquid natural gas (LNG), and propane from fossil fuel sources if the department determines that electricity and biofuel are not reasonably available.

(16) "Renewable natural gas" - Means biogas derived from landfills, wastewater treatment facilities, anaerobic digesters, and other sources of organic decomposition that has been purified to meet standards for natural gas derived from fossil fuel sources.

(17) "Vehicles, vessels, and construction equipment" - Means publicly owned vessels, vehicles, and construction equipment operated by a state agency. It does not mean aircraft and stationary electrical generating equipment.

History

Statutory Authority: RCW 43.325.080. WSR 13-10-016, § 194-28-020, filed 4/22/13, effective 5/23/13.

Wash. Admin. Code § 194-28-030 Applicability.

All state agencies are required to transition all vehicles, vessels, and construction equipment to electricity and biofuels to the extent practicable. The provisions of this chapter apply statewide.

History

Statutory Authority: RCW 43.325.080. WSR 13-10-016, § 194-28-030, filed 4/22/13, effective 5/23/13.

Wash. Admin. Code § 194-28-040 Assessment data.

For purposes of assessing and reporting use of electricity and biofuels, the department will use data collected and compiled annually by ecology on agency GHG emissions as directed by RCW 70.235.050. In the event that mandatory reporting of agency GHG emissions is repealed, the department will work with stakeholders to identify an efficient and effective alternate means of obtaining and reporting information needed to monitor compliance.

Given the findings of the underlying legislation and associated policies guiding agency use of alternative fuels and vehicles, the department intends to continue to monitor agency compliance beyond June 1, 2015.

History

Statutory Authority: RCW 43.325.080. WSR 13-10-016, § 194-28-040, filed 4/22/13, effective 5/23/13.

Wash. Admin. Code § 194-28-050 Compliance threshold.

In order to maximize administrative efficiency while still addressing the preponderance of agency fuel consumption, compliance will be assessed for each agency that reported use of more than 50,000 gallons of gasoline and diesel, combined, during the 2011 calendar year for vehicles, vessels, and construction equipment. Progress towards compliance by agencies below this threshold will be assessed in aggregate. Agencies meeting the threshold for individual compliance assessment are:

| • | Washington state department of agriculture. | | --- | --- | | • | Washington state department of corrections. | | • | Washington state department of ecology. | | • | Washington state department of enterprise services. | | • | Washington state department of fish and wildlife. | | • | Washington state department of labor and industries. | | • | Washington state department of natural resources. | | • | Washington state department of social and health services. | | • | Washington state department of transportation. | | • | Washington state liquor control board. | | • | Washington state parks and recreation commission. | | • | Washington state patrol. | | • | Eastern Washington University. | | • | University of Washington. | | • | Washington State University. | | • | Western Washington University. |

History

Statutory Authority: RCW 43.325.080. WSR 13-10-016, § 194-28-050, filed 4/22/13, effective 5/23/13.

Wash. Admin. Code § 194-28-060 Technical coordination.

The department, in cooperation with the Washington State University energy program and external stakeholders with appropriate knowledge and expertise, will convene quarterly meetings with the agencies listed in WAC 194-28-050 to discuss trends in alternative fuel and vehicle development, including current and near-term market availability, procurement costs and pricing differentials, performance metrics, innovative procurement opportunities, and fleet management tools. The meetings will take place in person, by phone, via the Internet, or any combination thereof through the second quarter of 2015, and thereafter as may be warranted.

History

Statutory Authority: RCW 43.325.080. WSR 13-10-016, § 194-28-060, filed 4/22/13, effective 5/23/13.

Wash. Admin. Code § 194-28-070 Compliance evaluation.

RCW 43.325.080 requires the department to specify how agency efforts to meet the goals set forth in RCW 43.19.648(1) will be evaluated. In so doing, the department will consider the following criteria in determining whether state agencies have, to the extent practicable, satisfied 100 percent of fuel usage for operating vessels, vehicles, and construction equipment from electricity or biofuel, effective June 1, 2015:

(1) Vehicle electrification.

(a) It is considered practicable to procure a PHEV and PEV light-duty vehicle, light-duty truck, or medium-duty passenger vehicle when the following criteria are met:

(i) The vehicle is due for replacement;

(ii) Charging requirements can be met during routine use or through fleet management strategies; and

(iii) The lifecycle cost is within five percent of an equivalent HEV based on anticipated length of service.

(b) Agencies are encouraged to pursue electrification in additional vehicle classes as opportunities emerge.

(c) Per RCW 43.19.648(5), agencies are to install EVSE capable of charging PEVs and PHEVs in each of the state's fleet parking and maintenance facilities, to the extent practicable, by December 31, 2015. The department is not charged with monitoring or reporting on compliance with this law, but agencies need to show progress in this area for electricity to be a feasible fuel source at these locations.

(d) Under the federal Energy Independence and Security Act of 2007, the U.S. Department of Energy (USDOE) is responsible for rule making to determine the extent to which alternative fuel credits recognize electricity used by HEVs and PHEVs in state vehicle fleets subject to the federal Energy Policy Act of 1992. The department will utilize the USDOE rule when crediting compliance for these vehicles.

(2) Biofuels.

(a) Biodiesel: Unless otherwise limited by law, it is considered practicable for agencies to:

(i) Use a minimum of 20 percent biodiesel-blend fuel (B20) on an annualized basis when purchasing fuel through the state procurement system.

(ii) Make good faith efforts to identify sources and procure a minimum of B20 when purchasing fuel on a retail basis.

(b) Ethanol: It is considered practicable for agencies with "flex-fuel" vehicles capable of using either high-blend ethanol fuel (E85) or regular gasoline to make good faith efforts to identify sources and procure E85 when purchasing fuel on a retail basis if the price of E85 is at least 20 percent less than regular gasoline.

(c) Renewable Natural Gas: It is considered practicable for agencies considering acquisition of natural gas-fueled vehicles to actively assess opportunities to procure renewable natural gas as the primary fuel.

(3) Alternate fuels.

Compressed natural gas, liquefied natural gas, or propane may be substituted for electricity or biofuel if the department determines that electricity and biofuel are not reasonably available. If an agency believes electricity and biofuels are not reasonably available to fuel a specific vehicle, vessel, or construction equipment, the agency must submit a request for such a determination to the department by July 1 of the year prior to the agency's anticipated procurement on a form provided by the department. Such a request may be made as part of the agency's annual reporting under WAC 194-28-080.

History

Statutory Authority: RCW 43.325.080. WSR 24-16-061, § 194-28-070, filed 7/31/24, effective 8/31/24
WSR 13-10-016, § 194-28-070, filed 4/22/13, effective 5/23/13.

Wash. Admin. Code § 194-28-080 Demonstration of progress.

By July 1 of each year, each agency listed in WAC 194-28-050 must submit to the department an annual report on a form provided by the department documenting how it is complying with the criteria in WAC 194-28-070, including reasons for noncompliance and plans for future compliance.

History

Statutory Authority: RCW 43.325.080. WSR 13-10-016, § 194-28-080, filed 4/22/13, effective 5/23/13.

Chapter 194-29 Practicable use of electricity and biofuels to fuel local government vehicles, vessels and construction equipment.

Wash. Admin. Code § 194-29-010 Authority and purpose.

These rules are adopted pursuant to the authority granted in RCW 43.325.080, which requires the department to adopt rules to define practicability and clarify how local governments will be evaluated in determining whether they have met the goals set forth in RCW 43.19.648(2). These goals require all local governments, to the extent practicable, to satisfy one hundred percent of their fuel usage for operating publicly owned vehicles, vessels and construction equipment from electricity or biofuel, effective June 1, 2018.

History

Statutory Authority: RCW 43.325.080. WSR 16-21-099, § 194-29-010, filed 10/19/16, effective 11/19/16.

Wash. Admin. Code § 194-29-020 Definitions.

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Biofuel" means a liquid or gaseous fuel derived from organic matter intended for use as a transportation fuel, including, but not limited to, biodiesel, renewable diesel, ethanol, renewable natural gas, and renewable propane.

(2) "Department" means the department of commerce.

(3) "Electric vehicle" means a vehicle with motive energy supplied solely by an electric motor.

(4) "Hybrid electric vehicle" means a vehicle with motive energy supplied by both an internal combustion engine and an electric motor powered primarily by externally supplied sources of energy. Vehicles that utilize externally supplied energy for electric power take-off functionality are also considered hybrid electric vehicles.

(5) "Lifecycle cost" means the total cost of ownership over the life of an asset, including, but not limited to, purchase or lease cost, financing costs, taxes, incentives, operation, maintenance, depreciation, resale or surplus value, engine conversion, and the incremental cost of associated refueling infrastructure.

(6) "Local government" means any unit of local government including, but not limited to, counties, cities, towns, municipal corporations, quasi-municipal corporations, special purpose districts, and school districts.

(7) "Practicable" or "practicability" means the extent to which alternative fuels and vehicle technologies can be used to displace gasoline and diesel fuel in vehicles, as determined by multiple dynamic factors including cost and availability of fuels and vehicles, changes in fueling infrastructure, operations, maintenance, technical feasibility, implementation costs, and other factors.

(8) "Procure" means to purchase or lease.

(9) "Renewable diesel" means diesel fuel derived from organic matter that has been purified to meet requirements for use as a transportation fuel.

(10) "Renewable natural gas" means a methane-rich biogas derived from landfills, wastewater treatment facilities, anaerobic digesters, and other sources of organic decomposition that has been purified to meet requirements for use as a transportation fuel.

(11) "Renewable propane" means propane derived from organic matter that has been purified to meet requirements for use as a transportation fuel.

(12) "Revenue fleet" means all vehicles used to provide transportation services where a local government is directly or indirectly compensated for the services provided to passengers.

(13) "Vehicle" means a motorized vehicle, vessel or construction equipment. It does not mean an aircraft, railed vehicle, or stationary electrical generating equipment.

History

Statutory Authority: RCW 43.325.080. WSR 16-21-099, § 194-29-020, filed 10/19/16, effective 11/19/16.

Wash. Admin. Code § 194-29-030 Applicability.

All local governments are required to transition all vehicles to electricity or biofuels to the extent practicable. The provisions of this chapter apply statewide. Pursuant to RCW 43.19.648(2):

(1) Revenue fleets with a majority of active vehicles, not including transit vans, using compressed natural gas on June 1, 2018 are exempt from these rules. Transit vans and nonrevenue fleet vehicles remain subject to these rules.

(2) These rules do not require engine retrofits that would void warranties, or replacement of vehicles before the end of their useful lives.

(3) If a local government believes it is not practicable to use electricity or biofuels to fuel police, fire or other emergency response vehicles, including utility vehicles frequently used for emergency response, it is encouraged to consider alternate fuels and vehicle technologies, such as natural gas or propane, to displace gasoline and diesel fuel use. Local governments that opt to exempt emergency response vehicles from these rules must notify the department as part of their annual reporting under WAC 194-29-080.

History

Statutory Authority: RCW 43.325.080. WSR 16-21-099, § 194-29-030, filed 10/19/16, effective 11/19/16.

Wash. Admin. Code § 194-29-040 Assessment data and reporting.

For purposes of assessing compliance with these rules, each local government using 200,000 or more gallons of gasoline and/or diesel to fuel vehicles on an annual basis is required to report as described in WAC 194-29-080. The department will collect data from a variety of sources to ensure local governments meeting this threshold are fulfilling the reporting requirement. To determine which transit agencies meet the reporting threshold, the department will use the most recent data from the National Transit Database, as published by the Washington state department of transportation.

Any local government with fuel use that initially meets the reporting threshold but subsequently drops below the threshold is encouraged to continue filing reports.

Given the findings of the underlying legislation and associated policies guiding public sector use of alternative fuels and vehicles, the department intends to continue to monitor local government compliance beyond June 1, 2018.

History

Statutory Authority: RCW 43.325.080. WSR 16-21-099, § 194-29-040, filed 10/19/16, effective 11/19/16.

Wash. Admin. Code § 194-29-050 Compliance threshold.

Pursuant to RCW 43.19.648(2), all local governments must comply with these rules.

History

Statutory Authority: RCW 43.325.080. WSR 16-21-099, § 194-29-050, filed 10/19/16, effective 11/19/16.

Wash. Admin. Code § 194-29-060 Technical coordination.

The department, in cooperation with external stakeholders with appropriate knowledge and expertise, will convene meetings at least quarterly of the agencies listed in WAC 194-28-050 and the local governments required to report under this rule to discuss trends in alternative fuel and vehicle development, including current and near-term market availability, performance metrics, innovative procurement opportunities, and fleet management tools. The meetings will take place in person, by phone, via the Internet, or any combination thereof, through the year 2020, and thereafter as may be warranted.

History

Statutory Authority: RCW 43.325.080. WSR 16-21-099, § 194-29-060, filed 10/19/16, effective 11/19/16.

Wash. Admin. Code § 194-29-070 Compliance evaluation.

RCW 43.325.080 requires the department to specify how local government efforts to meet the goals set forth in RCW 43.19.648(2) will be evaluated. While local governments are responsible for determining the most effective means of displacing their gasoline and diesel consumption through vehicle electrification and biofuel use, procurement decisions should be guided primarily through a comparison of alternatives on a lifecycle cost basis. The department will provide an analytical tool to assist local governments in their assessment of lifecycle costs. Local governments may use alternate means of determining lifecycle costs so long as all the variables included in the department's analytical tool are taken into consideration.

Local governments must consider the following criteria in determining whether they have, to the extent practicable, satisfied one hundred percent of fuel usage for operating vehicles, vessels and construction equipment from electricity or biofuel, effective June 1, 2018:

(1) Vehicles.

(a) It is considered practicable to procure an electric or hybrid electric vehicle when the following criteria are met: A vehicle is available that meets operational needs, charging requirements can be met during routine use or through fleet management strategies, and the lifecycle cost is equal to or less than the lifecycle cost of the vehicle the local government would otherwise procure.

(b) If the criteria in (a) cannot be met, it is considered practicable to procure or convert a vehicle to be fueled in whole or in part by natural gas or propane when the lifecycle cost is equal to or less than the lifecycle cost of the vehicle the local government would otherwise procure.

(c) When making procurement decisions involving vehicles with diesel engines, it is considered practicable for local governments to select vehicles with engine warranties that provide for the highest level of biodiesel use.

(d) When making procurement decisions involving vehicles with gasoline engines, local governments are encouraged to lease vehicles in order to take advantage of new alternative fuel and vehicle technologies in a timely manner.

(2) Biofuels.

(a) Biodiesel and Renewable Diesel. Unless otherwise limited by law, it is considered practicable for local governments to:

(i) Use five percent biodiesel-blended fuel (B5) in all applications when the fuel is available at retail or for delivery to on-site storage tanks at a price no more than one percent higher than #2 ultra-low sulfur diesel.

(ii) Use biodiesel-blended fuels containing more than five percent biodiesel in all applications unless otherwise restricted by warranty or air quality regulation when the fuel is available for delivery to on-site storage tanks at a price no more than one percent higher than #2 ultra-low sulfur diesel, including the cost of any additives necessary to ensure reliable storage and performance.

(iii) Use renewable diesel, or the highest available blend of renewable diesel and #2 ultra-low sulfur diesel, when the fuel is available at retail or for delivery to on-site storage tanks at a price no more than one percent higher than #2 ultra-low sulfur diesel.

(b) Ethanol. It is considered practicable for local governments with vehicles capable of using high-level blends of ethanol and gasoline (flex-fuel) to make good faith efforts to identify sources and use flex-fuel when the fuel is available at retail or for delivery to on-site storage tanks at a price that is at least twenty percent less than regular gasoline.

(c) Renewable Natural Gas. It is considered practicable for local governments with natural gas-fueled vehicles to use renewable natural gas, or the highest available blend of renewable and conventional natural gas, when the fuel is available at retail or for delivery to on-site storage tanks at a price equal to or less than conventional natural gas.

(d) Renewable Propane. It is considered practicable for local governments with propane-fueled vehicles to use renewable propane, or the highest available blend of renewable and conventional propane, when the fuel is available at retail or for delivery to on-site storage tanks at a price equal to or less than conventional propane.

(3) Local governments are encouraged to install electric vehicle charging infrastructure in all fleet parking and maintenance facilities, and to incorporate charging into all new facility construction and substantial remodeling projects.

History

Statutory Authority: RCW 43.325.080. WSR 16-21-099, § 194-29-070, filed 10/19/16, effective 11/19/16.

Wash. Admin. Code § 194-29-080 Demonstration of progress.

By July 1 of each year, each local government required to report under WAC 194-29-040 must submit to the department an annual report on a form provided by the department documenting how it is complying with the goal of satisfying one hundred percent of fuel usage for operating vehicles, vessels and construction equipment from electricity or biofuel by June 1, 2018, based on the criteria in WAC 194-29-070, including any reasons for noncompliance and plans for future compliance.

History

Statutory Authority: RCW 43.325.080. WSR 16-21-099, § 194-29-080, filed 10/19/16, effective 11/19/16.

Chapter 194-37 Energy independence.

Wash. Admin. Code § 194-37-010 Purpose and scope.

The purpose of this chapter is to implement the requirements of the Energy Independence Act, chapter 19.285 RCW.

History

Statutory Authority: RCW 19.285.080(2). WSR 08-07-079, § 194-37-010, filed 3/18/08, effective 4/18/08.

Wash. Admin. Code § 194-37-020 Applicability.

The provisions of this chapter apply to consumer-owned electric utilities that provide electrical service to more than twenty-five thousand retail customers in the state of Washington.

History

Statutory Authority: RCW 19.285.080(2). WSR 08-07-079, § 194-37-020, filed 3/18/08, effective 4/18/08.

Wash. Admin. Code § 194-37-030 Severability.

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected.

History

Statutory Authority: RCW 19.285.080(2). WSR 08-07-079, § 194-37-030, filed 3/18/08, effective 4/18/08.

Wash. Admin. Code § 194-37-040 Definitions.

The definitions in chapter 19.285 RCW apply throughout this chapter.

(1) "Annual revenue requirement" and "total annual revenue requirement" mean that portion of a utility's annual budget approved by its governing body for the target year that is intended to be recovered through retail electricity sales in the state of Washington in the target year, or as otherwise documented by the utility pursuant to WAC 194-37-150.

(2) "Biennial target" means a utility's biennial conservation target.

(3) "BPA" means the Bonneville Power Administration.

(4) "Measurement protocol" means a procedure or method used, consistent with industry standards, to establish with reasonable certainty the amount of energy savings that will result from the installation of a conservation measure. Industry standards include a range of appropriate protocols reflecting a balancing of cost and accuracy, such as the application of a deemed savings value established through industry processes for a measure that has broad application and uniform characteristics and the use of engineering calculations, metering, utility billing analysis, and computer simulation for a measure installed as part of a customer-specific project.

(5) "Multifuel generating facility" means a generating facility that is capable of producing energy from more than one nonrenewable fuel, renewable fuel, or nonfuel energy source, either simultaneously or as alternatives, provided that at least one fuel source (energy source) is a renewable resource and the relative quantities of electricity production can be measured or calculated, and verified.

(6) "NWPCC" means Pacific Northwest Electric Power and Conservation Planning Council also known as the Northwest Power and Conservation Council. Its calculation of avoided costs and publications are available at www.nwcouncil.org.

(7) "REC" means renewable energy credit.

(8) "Regional technical forum" or "RTF" means a voluntary advisory committee that reports to the executive director of the NWPCC and whose members are appointed by the NWPCC's chair.

(9) "Renewable energy target" means the amount, in megawatt-hours or RECs, necessary for a utility to satisfy the requirements of RCW 19.285.040 (2)(a) in a specific target year.

(10) "Substitute resource" means reasonably available electricity or generating facilities, of the same contract length or facility life as the eligible renewable resource the utility invested in to comply with chapter 19.285 RCW requirements, that otherwise would have been used to serve a utility's retail load in the absence of chapter 19.285 RCW requirements to serve that retail load with eligible renewable resources.

(11) "Target year" means a specific year in which a utility must comply with the renewable energy requirements of chapter 19.285 RCW.

(12) "Ten-year potential" means the ten-year cost effective conservation resource potential.

(13) "Utility" means a consumer-owned electric utility, as the term consumer-owned utility is defined in RCW 19.29A.010, that is a qualifying utility.

(14) "Verification protocol" means a procedure or method used, consistent with industry standards, to establish with reasonable certainty that a conservation measure was installed and is in service. Industry standards include a range of appropriate protocols reflecting a balance of cost and accuracy, such as tracking installation of measures through incentive payments and the use of on-site inspection of measures installed as part of a customer-specific project.

(15) "Vintage" means the year in which electricity is generated.

(16) "Weather-adjusted load" means load calculated after variations in peak and average temperatures from year to year are taken into account.

(17) "WREGIS" means the Western Renewable Energy Generation Information System. WREGIS is an independent, renewable energy registry and tracking system for the region covered by the Western Interconnection. WREGIS creates renewable energy certificates, WREGIS certificates, for verifiable renewable generation from units that register in the registry and tracking system.

History

Statutory Authority: RCW 19.405.100 and 19.285.080. WSR 20-02-089, § 194-37-040, filed 12/30/19, effective 1/30/20. Statutory Authority: RCW 19.285.080. WSR 15-07-002, § 194-37-040, filed 3/6/15, effective 4/6/15
WSR 14-04-015, § 194-37-040, filed 1/24/14, effective 2/24/14. Statutory Authority: RCW 19.285.080(2). WSR 08-07-079, § 194-37-040, filed 3/18/08, effective 4/18/08.

Wash. Admin. Code § 194-37-045 Designation of regional power plan.

For the purposes of RCW 19.285.040 (1)(a) and as used in this chapter, "most recently published regional power plan" means the NWPCC's Seventh Northwest Conservation and Electric Power Plan, Council Document 2016-02, dated February 25, 2016. The document is available on the NWPCC's website at this address: www.nwcouncil.org/energy/powerplan/7/plan/.

History

Statutory Authority: RCW 19.285.040 (1)(a). WSR 16-24-011, § 194-37-045, filed 11/28/16, effective 12/29/16.

Wash. Admin. Code § 194-37-050 Documentation and timelines.

(1) Each utility must maintain all records necessary to document its compliance with the Energy Independence Act, as described in this chapter. All current and historical reports required by this chapter shall be available to a utility's customers and may be provided in conjunction with the utility's requirements under RCW 19.29A.050.

(2) Each utility that is not under the jurisdiction of the Washington state auditor must be audited for compliance with the Energy Independence Act by an independent auditor at least every twenty-four months and must submit a copy of the audit report to the department.

(3) A consumer-owned utility that becomes subject to this chapter and chapter 19.285 RCW after December 31, 2006, pursuant to RCW 19.285.040(3), must notify the department of its status as a qualifying utility by June 1st of the year after it becomes a qualifying utility and must submit the reports required by WAC 194-37-060 and 194-37-110 starting five years after the notice to the department is due. For the purposes of this requirement, the utility must rely on the number of customers reported by the utility in Form EIA - 861, "Annual Electric Power Industry Report," filed with the Energy Information Administration, United States Department of Energy.

History

Statutory Authority: RCW 19.285.080. WSR 15-07-002, § 194-37-050, filed 3/6/15, effective 4/6/15
WSR 14-04-015, § 194-37-050, filed 1/24/14, effective 2/24/14. Statutory Authority: RCW 19.285.080(2). WSR 08-07-079, § 194-37-050, filed 3/18/08, effective 4/18/08.

Wash. Admin. Code § 194-37-060 Conservation reporting requirements.

Each utility shall submit an annual conservation report to the department by June 1st using a form provided by the department. The conservation report must show the utility's progress in the preceding year in meeting the conservation targets established in RCW 19.285.040 and must include the following:

(1) The total electricity savings and expenditures for conservation by the following sectors: Residential, commercial, industrial, agricultural, distribution system, and production system. A utility may report results achieved through nonutility programs, as identified in WAC 194-37-080(5), by program, if the results are not included in the reported results by customer sector. Reports submitted in odd-numbered years must include an estimate of savings and expenditures in the prior year. Reports submitted in even-numbered years must include the amount of savings and expenditures in the prior two years. All savings must be documented pursuant to WAC 194-37-080.

(2) A brief description of the methodology used to establish the utility's ten-year potential and biennial target to capture cost-effective conservation.

(3) In even-numbered years the report must include the utility's ten-year conservation potential and biennial targets established pursuant to WAC 194-37-070.

History

Statutory Authority: RCW 19.285.080. WSR 15-07-002, § 194-37-060, filed 3/6/15, effective 4/6/15
WSR 14-04-015, § 194-37-060, filed 1/24/14, effective 2/24/14. Statutory Authority: RCW 19.285.080(2). WSR 08-07-079, § 194-37-060, filed 3/18/08, effective 4/18/08.

Wash. Admin. Code § 194-37-070 Development of conservation potential and biennial conservation targets.

(1) Ten-year potential. By January 1st of each even-numbered year, each utility shall identify its achievable cost-effective conservation potential for the upcoming ten years.

(2) Biennial target. By January 1st of each even-numbered year, each utility shall establish and make public a biennial conservation target. The utility's biennial target shall be no less than its pro rata share of the ten-year potential identified pursuant to subsection (1) of this section.

(3) Each utility must document the methodologies and inputs used in the development of its ten-year potential and biennial target and must document that its ten-year potential and biennial target are consistent with the requirements of RCW 19.285.040(1). Each utility must apply methodologies consistent with the most recently published regional power plan using inputs that reasonably reflect the specific characteristics of the utility and its customers and the general characteristics of the Pacific Northwest power system.

(4) Each utility must establish its ten-year potential and biennial target by action of the utility's governing board, after public notice and opportunity for public comment.

(5) The methodologies used by the NWPCC in its most recently published regional power plan are summarized in this subsection.

(a) Technical potential. Determine the amount of conservation that is technically feasible, considering measures and the number of these measures that could physically be installed or implemented, without regard to achievability or cost.

(b) Achievable technical potential. Determine the amount of the conservation technical potential that is available within the planning period, considering barriers to market penetration and the rate at which savings could be acquired.

(c) Economic achievable potential. Establish the economic achievable potential, which is the conservation potential that is cost-effective, reliable, and feasible, by comparing the total resource cost of conservation measures to the cost of other resources available to meet expected demand for electricity and capacity. A utility may use either of the following approaches to identify economic achievable potential:

(i) Integrated portfolio approach. A utility may analyze, as a part of its integrated resource plan, the cost-effective potential of conservation resources over a range of potential future outcomes for unknown variables, such as future demand, costs, and resource availability. Economic achievable potential will be based on resource plan that achieves a long-run least-cost and least-risk electric power system considering all power system costs and quantifiable nonenergy costs and benefits.

(ii) Benefit-cost ratio approach. A utility may establish economic achievable potential as those conservation measures or programs that pass a total resource cost test, in which the ratio of total benefits to total costs is one or greater. The benefit-cost calculation must use inputs that incorporate the cost of risks that would otherwise be reflected in an integrated portfolio approach.

(d) Total resource cost. In determining economic achievable potential as provided in (c) of this subsection, perform a life-cycle cost analysis of measures or programs to determine the net levelized cost, as described in this subsection:

(i) Conduct a total resource cost analysis that assesses all costs and all benefits of conservation measures regardless of who pays the costs or receives the benefits;

(ii) Include the incremental savings and incremental costs of measures and replacement measures where resources or measures have different measure lifetimes;

(iii) Calculate the value of the energy saved based on when it is saved. In performing this calculation, use time differentiated avoided costs to conduct the analysis that determines the financial value of energy saved through conservation;

(iv) Include the increase or decrease in annual or periodic operations and maintenance costs due to conservation measures;

(v) Include avoided energy costs equal to a forecast of regional market prices, which represents the cost of the next increment of available and reliable power supply available to the utility for the life of the energy efficiency measures to which it is compared;

(vi) Include deferred capacity expansion benefits for transmission and distribution systems;

(vii) Include deferred generation benefits consistent with the contribution to system peak capacity of the conservation measure;

(viii) Include the social cost of carbon emissions from avoided nonconservation resources;

(ix) Include a risk mitigation credit to reflect the additional value of conservation, not otherwise accounted for in other inputs, in reducing risk associated with costs of avoided nonconservation resources;

(x) Include all nonenergy impacts that a resource or measure may provide that can be quantified and monetized;

(xi) Include an estimate of program administrative costs;

(xii) Include the cost of financing measures using the capital costs of the entity that is expected to pay for the measure;

(xiii) Discount future costs and benefits at a discount rate equal to the discount rate used by the utility in evaluating nonconservation resources; and

(xiv) Include a ten percent bonus for the energy and capacity benefits of conservation measures as defined in 16 U.S.C. § 839a of the Pacific Northwest Electric Power Planning and Conservation Act.

History

Statutory Authority: RCW 19.285.080(2). WSR 16-24-011, § 194-37-070, filed 11/28/16, effective 12/29/16. Statutory Authority: RCW 19.285.080. WSR 15-07-002, § 194-37-070, filed 3/6/15, effective 4/6/15
WSR 14-04-015, § 194-37-070, filed 1/24/14, effective 2/24/14. Statutory Authority: RCW 19.285.080(2). WSR 08-07-079, § 194-37-070, filed 3/18/08, effective 4/18/08.

Wash. Admin. Code § 194-37-080 Documentation of conservation savings.

(1) Each utility must document its acquisition of conservation savings relative to its biennial target.

(2) Each utility must record conservation savings as the total first-year electricity savings in megawatt-hours or kilowatt-hours.

(3)(a) Each utility must maintain and apply measurement and verification protocols to determine the amount of energy savings resulting from conservation measures and to verify the acquisition or installation of the conservation measures being recorded or claimed.

(b) A utility may comply with this requirement using the measurement and verification protocols adopted by the RTF or by BPA in its energy efficiency implementation manual. If a utility uses other measurement and verification protocols, the measurement and verification protocols must be consistent with recognized industry practices, and the utility must document the methodologies, assumptions, and factual inputs used in its measurement and verification of energy savings.

(4) A utility may count the conservation savings from a conservation measure toward its biennial target if the measure, or a project or program consisting of more than one measure, meets the following criteria:

(a) The utility has established that the measure, or a program or project consisting of more than one measure, was cost-effective;

(b) The utility has documented that the measure was installed within its retail service area during the biennial period, or in the case of programs described in subsection (5) of this section, that the savings were attributed to the utility using a reasonable and consistent method;

(c) The utility used a reasonable and consistent method of assigning conservation savings to biennial periods such as, by the date the conservation measure was installed, by the date an incentive was paid to a customer, or by the date the conservation measure was reported to an external funding agency such as BPA; and

(d) The utility applied a reasonable and consistent policy of incorporating changes in unit energy savings values subsequent to the adoption of a biennial conservation target. Such a policy may either count savings using the unit energy savings values in effect at the time the biennial target is established or update all unit energy savings values as they are changed by the entity responsible for establishing the values.

(5) Subject to the requirements of subsection (4) of this section, each utility may count toward its biennial conservation target the proportionate share of savings resulting in its service territory from the implementation of regional or multistate conservation programs, market transformation programs, appliance standards, building energy codes, and nonprogrammatic savings including, but not limited to, the Northwest Energy Efficiency Alliance and BPA.

(6) A utility must not count as conservation a reduction in electricity consumption due to curtailment of a customer's process or service, such as the shutdown of a manufacturing facility. A change in the operating practices of a customer that reduces electricity consumption without reducing the level of output or other benefits of electricity consumption is not curtailment.

(7) A utility that does not acquire conservation savings during a biennial period sufficient to meet its biennial conservation target may document its level of effort at conservation acquisition. The documentation should include:

(a) A description of the utility's marketing programs, education programs, custom project proposals, monetary incentives, financing offers, and other efforts during the biennial period to motivate customers to install conservation measures;

(b) A detailed report of the utility's budget and actual expenditures for the activities in (a) of this subsection;

(c) An identification of all conservation measures, programs, or projects for which the utility offered to pay customers an incentive in an amount equal to the utility's full avoided cost over the lifetime of measures; and

(d) An identification of all conservation measures that were included in the biennial target and became unavailable to the utility due to the shutdown or curtailment of operations of a retail customer.

History

Statutory Authority: RCW 19.285.080. WSR 15-07-002, § 194-37-080, filed 3/6/15, effective 4/6/15
WSR 14-04-015, § 194-37-080, filed 1/24/14, effective 2/24/14. Statutory Authority: RCW 19.285.080(2). WSR 08-07-079, § 194-37-080, filed 3/18/08, effective 4/18/08.

Wash. Admin. Code § 194-37-085 Documentation of conservation savings from high-efficiency cogeneration.

(1) A utility may count as conservation savings a portion of the electricity output of a high-efficiency cogeneration facility that commences operation in its service territory.

(2) The high-efficiency cogeneration facility must be owned by a retail electric customer and used by that customer to meet its heat and electricity needs. Heat and electricity output provided to anyone other than the facility owner may not be considered in determining conservation savings.

(3) The useful thermal energy output of the cogeneration facility must be no less than thirty-three percent of the total energy output of the cogeneration facility under normal operating conditions.

(4) The reduction in customer load due to high-efficiency cogeneration must be determined by multiplying the annual electricity output of the cogeneration facility by a fraction equal to one minus the ratio of:

(a) The heat rate (in British thermal units per megawatt hour) of the cogeneration facility; and

(b) The heat rate (in British thermal units per megawatt hour) of a combined cycle natural gas-fired combustion turbine. The heat rate of the cogeneration facility must be based on the additional fuel requirements attributable to electricity production and excluding the fuel that would be required to produce all other useful energy outputs of the project without cogeneration. The heat rate of the combustion turbine must be based on a facility using best commercial available technology on a new and clean basis.

(5) The utility's documentation of a cogeneration facility's compliance with subsections (3) and (4) of this section must be certified by a registered professional engineer licensed by the Washington department of licensing.

History

Statutory Authority: RCW 19.285.080. WSR 14-04-015, § 194-37-085, filed 1/24/14, effective 2/24/14.

Wash. Admin. Code § 194-37-110 Renewable resource energy reporting.

Each utility must submit a renewable resource energy report to the department by June 1st of each year using a form provided by the department. The report must reflect the actions that the utility took by the previous January 1st to meet the renewable requirements of chapter 19.285 RCW for that year. For example, a utility must report by June 1, 2015, the actions it took by January 1, 2015, to meet requirements applicable to the 2015 target year.

(1) Reporting requirements applicable to all utilities. Each utility must report the following information:

(a) The compliance method:

(i) Renewable energy target using renewable resources and RECs – RCW 19.285.040 (2)(a);

(ii) Incremental cost – RCW 19.285.050; or

(iii) No-growth cost – RCW 19.285.040 (2)(d).

(b) The utility's load for the two years preceding the target year and the average load for those two years.

(d) The amount of eligible renewable resources, RECs, and multiplier credits to be applied toward the utility's renewable energy target for the target year. The report must identify, by generating facility or hydroelectric project, including the WREGIS generating unit identification where applicable, and, in the case of RECs, by vintage year:

(i) The eligible renewable resources in megawatt-hours to be applied toward the renewable energy target for the target year;

(ii) The RECs to be applied toward the renewable energy target for the target year;

(iii) Any additional credit for eligible renewable resources or RECs from generating facilities eligible for the apprentice labor provision in RCW 19.285.040 (2)(h), applied toward the renewable energy target for the target year;

(iv) Any additional credit for RECs from generating facilities eligible for the distributed generation in RCW 19.285.040 (2)(b), applied toward the renewable energy target for the target year.

(e) The percent of its total annual retail revenue requirement invested in the incremental cost of eligible renewable resources and the cost of renewable energy credits. Each utility must include in its report documentation of the calculations and inputs to this amount.

(2) Incremental cost compliance method report. Each utility reporting pursuant to subsection (1)(a) of this section its use of the incremental cost compliance method for the target year must include the following information in its report:

(a) Annual revenue requirement for the target year;

(b) The annual levelized delivered cost of its eligible renewable resource(s) reported separately for each resource;

(c) The annual levelized delivered cost of its substitute resources and the eligible renewable resource with which it is being compared;

(d) The total cost of renewable energy credits to be applied in the reporting year;

(e) The percentage of its annual revenue requirement invested in the incremental cost of eligible renewable resources and the cost of RECs; and

(f) The most current information required by WAC 194-37-160 used for this financial demonstration.

(3) No-growth cost compliance method report. Each utility reporting pursuant to subsection (1)(a) of this section its use of the no-growth cost compliance method for the target year must include the following information in its report:

(a) Annual revenue requirement for the target year;

(b) Actual and weather-adjusted load for each year used in determining that the utility's load did not increase;

(c) Delivered cost of its eligible renewable resource(s), RECs or a combination of both for the target year to be applied to the one percent of annual revenue requirement, reported separately for each resource;

(d) Generating facility identification, vintage, quantity and cost of any RECs to be retired as an offset for nonrenewable resource purchases pursuant to RCW 19.285.040 (2)(d).

(4) Final compliance report. A utility must submit a final renewable compliance report by the later of (a) two years after the filing of the report required in subsections (1) through (3) of this section; or (b) ninety days after the issuance of the auditor's report for the target year. The final renewable compliance report must provide an update of any revisions to the information previously reported pursuant to this section or, if no revisions were made, notify the department that the initial report should be considered the final report. For any target year that a utility demonstrates to the auditor that it did not meet the annual renewable resource requirements in chapter 19.285 RCW due to events beyond the reasonable control of the utility per RCW 19.285.040 (2)(i), the utility must summarize these events in the final compliance report.

History

Statutory Authority: RCW 19.285.080. WSR 15-07-002, § 194-37-110, filed 3/6/15, effective 4/6/15
WSR 14-04-015, § 194-37-110, filed 1/24/14, effective 2/24/14. Statutory Authority: RCW 19.285.080(2). WSR 08-07-079, § 194-37-110, filed 3/18/08, effective 4/18/08.

Wash. Admin. Code § 194-37-120 Documentation of use of eligible renewable resources and RECs for compliance.

A utility using an eligible renewable resource or REC for compliance with a requirement of chapter 19.285 RCW must document that use by following the procedures in this section.

(1) Documentation of energy from eligible renewable resources. Each utility using an eligible renewable resource for compliance must document the following for each resource:

(a) The electricity was generated by a generating facility that is an eligible renewable resource;

(b) The electricity was generated during the target year;

(c) If the utility sold, exchanged, or otherwise transferred the electricity to any person other than its retail customer, the utility retained ownership of the nonpower attributes; and

(d) The utility retired, consistent with the requirements of subsection (2) of this section, any RECs representing the nonpower attributes associated with the electricity or, if no RECs have been created, the utility has committed to use the nonpower attributes exclusively for the compliance purpose stated in its documentation.

(2) Documentation of renewable energy certificates. Each utility using a REC for compliance must document the following:

(a) The REC represents the output of an eligible renewable resource;

(b) For a REC from electricity generated by a resource other than freshwater, the vintage of the REC is the year immediately prior to the target year, the year of the target year, or the year immediately after the target year; and

(i) The vintage of the REC is the target year;

(ii) The REC was acquired by the utility through ownership of the generation facility or through a transaction that conveyed both the electricity and the nonpower attributes of the electricity; and

(iii) For RECs from projects marketed by the Bonneville Power Administration, the utility received the REC through a transaction with the Bonneville Power Administration that conveyed both the electricity and the nonpower attributes of the electricity.

(d) The utility has retired the REC to a retirement subaccount of the utility within WREGIS using the following values in the certificate transfer:

(i) Retirement type: Used by the account holder for a state-regulated renewable portfolio standard/provincial utility portfolio standard;

(ii) State/province: Washington; and

(iii) Compliance year: Applicable target year.

History

Statutory Authority: RCW 19.405.100 and 19.285.080. WSR 20-02-089, § 194-37-120, filed 12/30/19, effective 1/30/20. Statutory Authority: RCW 19.285.080. WSR 15-07-002, § 194-37-120, filed 3/6/15, effective 4/6/15
WSR 14-04-015, § 194-37-120, filed 1/24/14, effective 2/24/14. Statutory Authority: RCW 19.285.080(2). WSR 08-07-079, § 194-37-120, filed 3/18/08, effective 4/18/08.

Wash. Admin. Code § 194-37-130 Documentation of incremental hydropower.

(1) Projects owned by qualifying utilities. Each utility using electricity produced as a result of a hydropower efficiency improvement, as defined in RCW 19.285.030 (12)(b), to meet a renewable energy target must provide documentation that:

(a) The hydroelectric generation project is owned by a qualifying utility and is located in the Pacific Northwest;

(b) The hydropower efficiency improvement was completed after March 31, 1999; and

(2) Federal projects. Each utility using electricity produced as a result of a hydropower efficiency improvement, as defined in RCW 19.285.030 (12)(g), to meet a renewable energy target must provide documentation that:

(a) The output of the hydroelectric generation project is marketed by the Bonneville Power Administration;

(b) The utility received the electricity through a transaction with the Bonneville Power Administration that conveyed both the electricity and the nonpower attributes of that electricity;

(d) The additional generation does not result in new water diversions or impoundments.

(3) If the amount of electricity generated as a result of the hydropower efficiency improvement is directly measurable, the utility must use the measured output of the hydropower efficiency improvement as documentation of the amount of additional generation.

(4)(a) If the amount of electricity generated as a result of the hydropower efficiency improvements is not directly measurable, the utility must document the amount of electricity generated as a result of the hydropower efficiency improvement using an engineering analysis comparing the output in megawatt-hours of the hydroelectric generation project with the efficiency improvement to the output in megawatt-hours of the hydroelectric generation project without the efficiency improvement. Multiple efficiency improvements to a single hydroelectric generation project may be combined for purposes of the engineering analysis.

(b) The engineering analysis required by (a) of this subsection must be performed using an engineering model of the hydroelectric generation project that quantifies the relationship of stream flows, reservoir elevation, and other relevant factors to the electric output of the generating facility. The engineering model must accurately reflect the physical characteristics and operating requirements of the hydroelectric generation project during the target year and must accurately estimate the electric generation of the hydroelectric generation project without and with the hydropower efficiency improvement.

(c) A utility using the engineering analysis method to determine incremental generation must adopt and consistently apply in each target year one of the following methods:

(i) Method one - Actual incremental generation. A utility using this method must prepare an analysis using actual stream flows and the engineering model described in (b) of this subsection during each target year to determine incremental generation in the target year. A utility using this method must perform an updated calculation each year to determine the incremental generation amount for that target year.

(ii) Method two - Percentage generation.

(A) A utility using method two must prepare an analysis establishing the expected amount of incremental generation based on stream flows available to the hydroelectric generation project, adjusted for any known and measurable changes to stream flows due to environmental regulations or other factors, during a historical study period.

(B) The historical study period used in method two must be reasonably representative of the stream flows that would have been available to the hydroelectric project over the period of time for which stream flow records are readily available. A historical study period meets the requirements of this subsection if it includes the most recent readily available stream flow records and consists of a consecutive record of stream flow records at least five years in length.

(C) The amount of incremental generation using method two is calculated by multiplying the actual generation in megawatt-hours in the target year by a percentage amount equal to the difference between the calculated average generation over the historical study period with the hydropower efficiency improvement and the calculated average generation over the historical study period without the hydropower efficiency improvement, divided by the calculated average generation over the historical study period without the hydropower efficiency improvement.

(iii) Method three - Fixed amount of generation.

(A) A utility using method three must prepare an analysis establishing the expected amount of incremental generation based on stream flows available to the hydroelectric generation project, adjusted for any known and measurable changes to stream flows due to environmental regulations or other factors during a historical study period.

(B) The historical study period used in method three must be reasonably representative of the stream flows that would have been available to the hydroelectric project over the period of time for which stream flow records are readily available. A historical study period meets the requirements of this subsection if it includes the most recent readily available stream flow records and consists of a consecutive record of stream flow records at least ten years in length.

(C) The amount of incremental generation using method three is calculated as an amount in megawatt-hours equal to the difference between the calculated average generation over the historical study period with the hydropower efficiency improvement and the calculated average generation over the historical study period without the hydropower efficiency improvement. The amount must be adjusted in each target year for any reduction in availability of the hydroelectric generation project's generating capacity during the target year that is not accounted for in the analysis used to calculate the incremental generation amount.

(5) The requirements of this section are in addition to the documentation requirements specified in WAC 194-37-120(1).

History

Statutory Authority: RCW 19.405.100 and 19.285.080. WSR 20-02-089, § 194-37-130, filed 12/30/19, effective 1/30/20. Statutory Authority: RCW 19.285.080. WSR 15-07-002, § 194-37-130, filed 3/6/15, effective 4/6/15. Statutory Authority: RCW 19.285.080(2). WSR 08-07-079, § 194-37-130, filed 3/18/08, effective 4/18/08.

Wash. Admin. Code § 194-37-135 Documentation of multifuel biomass energy, qualified biomass energy, and incremental biomass energy.

(1) Multifuel biomass energy. A utility using biomass energy produced by a multifuel generating facility, where the biomass energy fuel provides less than ninety-eight percent of the total heat input, must document the eligible renewable energy using RECs created by WREGIS pursuant to the multifuel generating unit procedures of WREGIS.

(2) Qualified biomass energy. A utility using qualified biomass energy must document the eligible renewable energy using RECs created by WREGIS and must document:

(a) Information about the facility generating electricity from biomass energy:

(i) Ownership of the biomass energy facility;

(ii) Date of commercial operation of the biomass energy facility; and

(iii) Specific type of biomass used for generation by the biomass energy facility.

(b) Information about the industrial facility that hosts the biomass energy facility:

(i) The utility's load in megawatt hours that results from serving the industrial facility;

(ii) Evidence that the industrial facility had not ceased operation, other than for purposes of maintenance or upgrade, during the target year;

(iii) Evidence that the industrial facility engages in industrial pulping or wood manufacturing; and

(iv) If the facility generating electricity from biomass energy is not owned by the utility, evidence that the industrial facility owns the biomass energy facility and is directly interconnected with the electricity facilities that are owned by the utility and capable of carrying electricity at transmission voltage.

(3) Incremental biomass energy.

(a) A utility using incremental electricity produced as a result of a capital investment at a qualified biomass energy facility must document the eligible renewable energy using RECs created by WREGIS and must document:

(i) The status of the generating facility as a qualified biomass energy facility as provided in subsection (2) of this section;

(ii) Evidence of the quantity, in megawatt hours, of renewable energy electric power generation during the baseline period, which must be determined using the methodology provided in (b) of this subsection;

(iii) Evidence of the nature and amount of the capital investment, demonstrating that the capital investment project was completed after January 1, 2010, and that the expenditure was not on operation and maintenance in the normal course of business;

(iv) Evidence demonstrating that the incremental generation was a result of the capital investment; and

(v) The method or procedures that the facility owner uses to measure or calculate incremental generation and to track incremental generation within WREGIS separately from qualified biomass energy produced by the facility.

(b) Methodology for establishing baseline generation.

(i) The baseline level of generation for determining incremental generation must be established as the average quantity of net generation using eligible renewable energy fuel sources during the most recent three consecutive years of operation prior to the effect of the first capital investment completed after January 1, 2010. The three-year period must begin on or after January 1, 2007. Subsequent capital investments that result in additional amounts of incremental generation do not require a new baseline determination.

(ii) The baseline period must exclude any periods in which operation of the qualified biomass generation facility was unrepresentative of normal operating conditions.

(iii) Baseline generation must be documented using plant-level reports of net generation by fuel type submitted to the U.S. Energy Information Administration or, if such reports are not available, by business records of the generation facility owner.

History

Statutory Authority: RCW 19.285.080(2). WSR 17-19-057, § 194-37-135, filed 9/13/17, effective 10/14/17. Statutory Authority: RCW 19.285.080. WSR 14-04-015, § 194-37-135, filed 1/24/14, effective 2/24/14.

Wash. Admin. Code § 194-37-136 Documentation of apprentice labor and distributed generation multipliers.

(1) Apprentice labor credit. A utility claiming an additional credit for the electricity output from an eligible renewable resource per RCW 19.285.040 (2)(h)(i) must document that the facility commenced operation after December 31, 2005, and must provide written documentation from the Washington state apprenticeship and training council within the department of labor and industries that the facility qualified for the apprentice labor credit.

(2) Distributed generation credit. A utility claiming an additional credit for distributed generation pursuant to RCW 19.285.040 (2)(b) must meet the following requirements:

(a) The utility may claim a distributed generation credit only if the generating facility is registered in WREGIS and the utility retires all RECs associated with its distributed generation claim.

(b) In determining whether a generating facility has a generating capacity of not more than five megawatts, the capacity of the generating facility will be based on its nameplate rating measured in alternating current.

(c) In determining whether a generating facility is eligible for the distributed generation credit, the generating capacity of the generating facility will be based on the aggregate generating capacity of the generating facility and all other generating facilities in the same integrated cluster. An integrated cluster of generating facilities consists of all generating facilities that:

(i) Are located on the same or contiguous property. In determining whether properties are contiguous, interruptions in contiguity caused by easements, public thoroughfares, transportation rights of way, or utility rights of way must be disregarded; and

(ii) Have any of the following elements in common:

(A) Ownership. Each person with more than five percent beneficial ownership, other than tax equity owners, will be considered an owner for purposes of determining common ownership of generating facilities;

(B) Operational control; or

(C) Interconnection. Generating facilities have common interconnection if they have the same point of common coupling with the area electric power system.

History

Statutory Authority: RCW 19.285.080. WSR 15-07-002, § 194-37-136, filed 3/6/15, effective 4/6/15.

Wash. Admin. Code § 194-37-140 Documentation of renewable resource financial path for no-load growth utilities.

For each year that a utility meets the renewable energy financial cost cap, associated with no load growth, identified in RCW 19.285.040 (2)(d), the utility must document the following by January 1:

(1) That it used a consistent methodology from year to year to weather-adjust its retail load;

(2) That the average of weather-adjusted loads over the three previous years did not increase over the weather-adjusted load in the year immediately prior to the three-year period;

(3) That it invested at least one-percent of its total annual revenue requirement in each target year on eligible renewable resources, RECs, or a combination of both;

(4) That it executed contracts, dated no later than January 1 of the target year, for power purchases of sufficient eligible renewable resources and/or RECs;

(5) The quantity of megawatt-hours for each target year for which the utility:

(a) Commenced or renewed ownership of nonrenewable resources, other than coal transition power, after December 7, 2006; or

(b) Made electricity purchases from nonrenewable energy resources, other than coal transition power, incremental to its annual electricity purchases made or contracted for before December 7, 2006.

Sources of power for daily spot market purchases are not included in this calculation;

(6) The RECs the utility acquired, in addition to any RECs acquired for subsection (3) of this section, to offset power purchases listed in subsection (5) of this section; and

(7) Annual revenue requirement for the target year.

History

Statutory Authority: RCW 19.285.080(2). WSR 18-12-114, § 194-37-140, filed 6/6/18, effective 7/7/18. Statutory Authority: RCW 19.285.080. WSR 14-04-015, § 194-37-140, filed 1/24/14, effective 2/24/14. Statutory Authority: RCW 19.285.080(2). WSR 08-07-079, § 194-37-140, filed 3/18/08, effective 4/18/08.

Wash. Admin. Code § 194-37-150 Financial documentation of annual revenue requirement.

(1) For purposes of the report filed pursuant to RCW 19.285.070, a utility shall document its annual revenue requirement.

(2) A utility that uses a different basis for the determination of its annual revenue requirement for purposes of calculating what it expects to recover or actually recovers through retail electricity sales in the state of Washington in that year may use that number in the calculation of the cost cap and must provide documentation to support this alternative approach.

History

Statutory Authority: RCW 19.285.080(2). WSR 08-07-079, § 194-37-150, filed 3/18/08, effective 4/18/08.

Wash. Admin. Code § 194-37-160 Documentation of financial cost cap—Current information and timeline.

By January 1 of the first target year that a utility fulfills its renewable energy requirements under RCW 19.285.050, the utility shall select one of the following methodologies for documenting the incremental cost of all eligible renewable resources acquired thereafter by that utility:

(1) Annual update methodology. In each year that a utility fulfills its renewable energy requirements by complying with the cost cap identified in RCW 19.285.050 it must document its calculations no later than January 1 of the target year. The utility will use the most current information available to the utility within twelve months prior to the initial documentation of the cost cap pursuant to WAC 194-37-170 through 194-37-190. The utility will update this documentation in its June 1 report submitted pursuant to RCW 19.285.070. These annual updates of costs, based on the most current information available, apply to both the eligible renewable resource and the substitute resource.

(2) Permanent one-time methodology. For each new investment in an eligible renewable resource, a utility shall perform a one-time calculation of the levelized incremental cost pursuant to WAC 194-37-170 through 194-37-190. The levelized incremental cost shall be a single annual value expressed in real, constant-year dollars. The levelized incremental cost for each eligible renewable resource project or purchase, calculated through this one-time analysis in the year of acquisition, shall be allowed to inflate utilizing the Producer Price Index over the life of the eligible renewable resource after the initial calculation. The utility will include a determination of incremental cost for each new investment in an eligible renewable resource and inflation-adjusted incremental costs for previous eligible renewable resource investments in its June 1 report submitted pursuant to RCW 19.285.070, beginning in the year the utility complies with the cost cap identified in RCW 19.285.050.

History

Statutory Authority: RCW 19.285.080(2). WSR 08-07-079, § 194-37-160, filed 3/18/08, effective 4/18/08.

Wash. Admin. Code § 194-37-170 Documentation for financial path—Levelization of costs.

(1) Each utility must document its calculation of the levelized annual incremental cost of eligible renewable resources. Utilities are encouraged, but not obligated, to use the following methodology:

Step 1: Calculate the net present value of the cost of the utility's eligible renewable resource and substitute resource over an equivalent contract length or facility life.

Step 2: Calculate equal nominal values over the appropriate contract length or facility life that have a net present value equal to those calculated in Step 1, using the same discount rate.

Step 3: Calculate the annual difference between the levelized delivered cost for the eligible renewable resource and the substitute resource to determine the levelized incremental cost of the eligible renewable resource.

A utility that uses the annual update methodology must document the basis for any change to the levelization methodology used in a prior June 1 report to levelize the costs of an eligible renewable resource and its associated substitute resource.

(2) Regardless of the methodology chosen to levelize costs, utilities must document the basis for their chosen method for levelizing costs.

(3) Utilities must document the basis for the discount rate used in its levelized cost calculations.

(4) Utilities must document how the discount rate used to perform the levelized cost calculations is consistent with the inflationary assumptions incorporated into the delivered cost projections for the eligible renewable resource and substitute resource.

(5) Utilities must document how the method and assumptions used to levelize delivered costs for the eligible renewable resource are consistent with those used to levelize the delivered cost of the associated substitute resource.

History

Statutory Authority: RCW 19.285.080(2). WSR 08-07-079, § 194-37-170, filed 3/18/08, effective 4/18/08.

Wash. Admin. Code § 194-37-180 Documentation of financial path—Delivered cost.

(1) The delivered cost of a resource includes all direct and indirect costs associated with that resource being delivered to the distribution system of a utility over the contract length or facility life of the delivered resource. Direct and indirect costs may include operating and capital expenses related to the delivered resource.

(2) Using the Uniform System of Accounts of the Federal Energy Regulatory Commission (FERC) as an illustration, the reported resource costs are expected to generally fall within, but not necessarily be limited to, the following cost accounts:

| Operating Expenses | | | --- | --- | | Accounts 500-557: | Production Expense | | Account 565: | Wholesale Wheeling Expense | | Accounts 920-935: | Administrative and General Expense | | Account 408.1: | Taxes Other than Federal Income Taxes | | Capital Expenses | | | Accounts 403-407: | Depreciation and Amortization Expense | | Accounts 427-431: | Interest-Related Expenses |

(3) A utility may include actual costs in order to equitably compare the costs of eligible renewable resources and substitute resources. This may include the actual costs of transmission, firming, shaping, integration, and project specific development costs.

(4) Utilities are encouraged to use the FERC system of accounts to document the delivered cost of resources. Regardless of the accounting convention used, utilities must document the delivered cost estimates for eligible renewable resources and their associated substitute resources in a manner consistent with generally accepted accounting standards.

History

Statutory Authority: RCW 19.285.080(2). WSR 08-07-079, § 194-37-180, filed 3/18/08, effective 4/18/08.

Wash. Admin. Code § 194-37-190 Documentation of financial path—Substitute resource and resource equivalence.

(1) In support of its annual filings to the department under RCW 19.285.070, utilities must document the type, availability, and cost of the reasonably available substitute resource used to calculate the incremental cost of an eligible renewable resource.

(a) In documenting the incremental cost under RCW 19.285.050 (1)(b), a utility is encouraged to identify substitute resources using its integrated resource planning process, if one is available. If a utility elects to choose a substitute resource from a different source other than its most recently published integrated resource plan, it must document the basis for this decision. Documentation of the cost of a substitute resource may include, but is not limited to, formal offers for the sale of electricity, or published cost projections from reputable third-party sources.

(b) In its selection of a substitute resource, the utility shall develop documentation demonstrating that the substitute resource satisfies the requirements set forth in RCW 19.285.050. The requirements are:

(i) Equivalence between the eligible renewable resource and the substitute resource by demonstrating the equivalence in the amount of energy produced by each resource;

(ii) Equivalence between the eligible renewable resource and the substitute resource by demonstrating the same contract length or facility life of each resource;

(iii) The substitute resource is reasonably available to the utility; and

(iv) The substitute resource does not qualify as an eligible renewable resource.

(c) Only supply-side substitute resources shall be used by utilities in the calculation of the incremental cost of eligible renewable resources.

(d) When the renewable requirements under RCW 19.285.040(2) result in a utility having resources in excess of its load, the utility may use that excess resource as the substitute resource if the substitute resource requirements of (b) of this subsection are otherwise satisfied. The utility will document the resale revenues, net of transaction costs, received through the sale of excess resources or the purchase price for the sale of the excess facility sold as a result of the requirement to acquire eligible renewable resources. A utility that uses a value other than the documented resale revenue in the determination of the levelized delivered cost of the substitute resource, such as a forecast of projected market prices, must provide documentation to support this alternative approach.

(e) A utility may use foregone power purchases from BPA, plus any billing credit obtained for reducing its purchases from BPA, as the basis for the cost of the substitute resource if:

(i) The substitute resource requirements of (b) of this subsection are otherwise satisfied;

(ii) It is entitled under its BPA power sales contract to have the BPA meet its net power requirements for the expected life of an eligible renewable resource or eligible renewable resource purchase; and

(iii) As a result of meeting the renewable requirements under RCW 19.285.040(2), it foregoes part of its BPA entitlement in order to obtain that eligible renewable resource.

(2) For an eligible renewable resource acquired prior to the passage of chapter 19.285 RCW, November 7, 2006, a utility must support the selection of the related substitute resource used in the determination of the incremental cost under RCW 19.285.050 with documentation that was available at the time of the utility's decision to acquire the eligible renewable resource. If no such documentation is available, the incremental cost of an eligible renewable resource acquired prior to the passage of chapter 19.285 RCW will be assumed equal to zero.

History

Statutory Authority: RCW 19.285.080(2). WSR 08-07-079, § 194-37-190, filed 3/18/08, effective 4/18/08.

Wash. Admin. Code § 194-37-200 Financial documentation path using renewable energy credits.

A utility may elect to invest in RECs to meet any portion of, or the entirety of, each annual renewable resource target in RCW 19.285.040(2) or 19.285.050(1). If the cost of the RECs and the incremental cost of acquired renewable resources, as documented according to WAC 194-37-150 through 194-37-190, for any one year meets or exceeds four percent of the utility's annual revenue requirement, the utility shall document that the utility achieved the four percent cost cap alternative compliance path in RCW 19.285.050(1). The documentation must include copies of its WREGIS RECs, copies of purchase contracts, and its annual revenue requirement.

History

Statutory Authority: RCW 19.285.080(2). WSR 08-07-079, § 194-37-200, filed 3/18/08, effective 4/18/08.

Wash. Admin. Code § 194-37-210 Renewable energy credit tracking system.

(1) WREGIS is the renewable energy credit tracking system for purposes of verification of RECs under chapter 19.285 RCW.

(2) Upon request by a utility, the department may approve a special purpose renewable energy credit tracking system for the generation of any specific generating facility acquired through ownership or contract by a utility prior to January 1, 2015, if the utility certifies that it would be impractical or financially burdensome to track the generation of the facility using WREGIS. The approval of a special purpose tracking system may include limitations or conditions on the transfer of RECs. All references to WREGIS in this chapter include such approved special purpose tracking systems.

History

Statutory Authority: RCW 19.285.080. WSR 15-07-002, § 194-37-210, filed 3/6/15, effective 4/6/15
WSR 14-04-015, § 194-37-210, filed 1/24/14, effective 2/24/14. Statutory Authority: RCW 19.285.080(2). WSR 08-07-079, § 194-37-210, filed 3/18/08, effective 4/18/08.

Chapter 194-40 Clean Energy Transformation Act.

Wash. Admin. Code § 194-40-010 Purpose and scope.

The purpose of this chapter is to implement the requirements of chapter 19.405 RCW, Clean Energy Transformation Act, and chapter 19.280 RCW.

History

Statutory Authority: RCW 19.405.100 and 19.285.080. WSR 20-02-089, § 194-40-010, filed 12/30/19, effective 1/30/20.

Wash. Admin. Code § 194-40-020 Applicability.

Unless specifically provided otherwise, the provisions of this chapter apply to consumer-owned electric utilities that provide electrical service to retail customers in the state of Washington.

History

Statutory Authority: RCW 19.405.100 and 19.285.080. WSR 20-02-089, § 194-40-020, filed 12/30/19, effective 1/30/20.

Wash. Admin. Code § 194-40-022 Severability.

History

Statutory Authority: RCW 19.405.100 and 19.405.060. WSR 21-02-039, § 194-40-022, filed 12/29/20, effective 1/29/21.

Wash. Admin. Code § 194-40-030 Definitions.

Unless specifically provided otherwise, the terms defined in RCW 19.405.020 have the same meaning in this chapter.

"100% Clean electricity standard" means the standard established in RCW 19.405.050(1) and any requirements necessary for compliance with that standard.

"BPA" means the Bonneville Power Administration.

"CEIP" means a clean energy implementation plan prepared in compliance with RCW 19.405.060.

"Energy assistance need" means the amount of assistance necessary to achieve an energy burden equal to six percent for utility customers.

"GHG neutral compliance period" means each of the periods identified in RCW 19.405.040 (1)(a).

"GHG neutral standard" means the standard established in RCW 19.405.040(1) and any requirements necessary for compliance with that standard.

"Indicator" means an attribute, either quantitative or qualitative, of a condition, resource, program or related distribution investment that is tracked for the purpose of evaluating change over time.

"Interim performance period" means either of the following periods:

(a) From January 1, 2022, until December 31, 2025; and

(b) From January 1, 2026, until December 31, 2029.

"Interim target" means a target established in compliance with RCW 19.405.060 (2)(a)(i). An interim target may cover an interim performance period or a GHG neutral compliance period.

"Low-income" means household incomes that do not exceed the higher of eighty percent of area median income or two hundred percent of federal poverty level, adjusted for household size.

"REC" means renewable energy credit.

"Retail revenue requirement" means that portion of a utility's annual budget approved by its governing body that is intended to be recovered through retail electricity sales in the state of Washington in the applicable year. It includes revenues from any retail rate or charge that is necessary to receive electric service from the utility and does not include the effect of taxes imposed directly on retail customers.

"Verification protocol" means a procedure or method used, consistent with industry standards, to establish with reasonable certainty that a conservation, energy efficiency, or demand response measure was installed and is in service. Industry standards include a range of appropriate protocols reflecting a balance of cost and accuracy, such as tracking installation of measures through incentive payments and the use of on-site inspection of measures installed as part of a customer-specific project.

"WREGIS" means the Western Renewable Energy Generation Information System.

History

Statutory Authority: RCW 19.405.100 and 19.405.120. WSR 21-12-026, § 194-40-030, filed 5/24/21, effective 6/24/21. Statutory Authority: RCW 19.405.100 and 19.405.060. WSR 21-02-039, § 194-40-030, filed 12/29/20, effective 1/29/21.

Wash. Admin. Code § 194-40-040 Performance and compliance reporting for the GHG neutral standard and 100 percent clean electricity standard.

(1) Each consumer-owned utility and each investor-owned utility must submit an interim performance report by July 1, 2026, and by July 1, 2030, documenting the utility's progress during the prior interim performance period in reaching compliance with the GHG neutral standard beginning in 2030.

(2) Each consumer-owned utility and each investor-owned utility must submit a compliance report by July 1, 2034, and within six months of the end of each subsequent GHG neutral compliance period, documenting the utility's compliance with the GHG neutral standard during the GHG neutral compliance period and its progress in reaching compliance with the 100 percent clean electricity standard beginning in 2045.

(3) Each consumer-owned utility and each investor-owned utility must submit a compliance report by July 1, 2046, and by July 1st of each year thereafter, documenting the utility's compliance with the 100 percent clean electricity standard.

(4) Each report required under subsections (1) and (2) of this section must be submitted using a form provided by commerce and must include the following information for the relevant interim performance period or GHG neutral compliance period:

(a) The amount of renewable resources and nonemitting electric generation used during the period, as a percentage of retail electric loads, compared to the target amount established and reported in the CEIP of the utility for that period.

(b) The amount of conservation and energy efficiency resources acquired during the period, compared to the target amount established and reported in the CEIP of the utility for that period.

(c) The amount of demand response resources acquired during the period, compared to the target amount established and reported in the CEIP of the utility for that period.

(d) The amount of electricity used from renewable resources, in megawatt-hours, compared to the target amount established and reported in the CEIP of the utility for that period.

(e) The amount of electricity used from nonemitting resources, in megawatt-hours over the period.

(f) Identification of any resources subject to the requirements of WAC 194-40-340 and acquired during the period and demonstration that the acquisition was consistent with the requirements of WAC 194-40-340.

(g) A detailed report of any use of each of the following alternative compliance options:

(i) Alternative compliance payments;

(ii) Unbundled renewable energy credits;

(iii) Credits from energy transformation projects;

(iv) Electricity from the Spokane municipal solid waste to energy facility (if it is determined to provide a net reduction in GHG emissions).

(h) A report to demonstrate whether and how, consistent with RCW 19.405.040(8) and the utility's CEIP for the period, all customers are benefiting from the transition to clean energy. The report must provide:

(i) Results for each indicator established in the CEIP;

(ii) An explanation of how the specific actions taken by the utility are consistent with the requirements in RCW 19.405.040(8); and

(iii) An analysis of whether the forecasted distribution of benefits and reductions of burdens accrued or are reasonably expected to accrue to highly impacted communities, vulnerable populations, and all other customers.

(i) For each specific action identified in the CEIP for the period, pursuant to WAC 194-40-200(1), a summary of the actions taken and their results.

(j) For any measurement of achievement reported under (a) through (e) of this subsection that is less than the respective target established in the CEIP, an explanation of the variation from target and any intended actions to offset the variation in the next period.

(k) The information required under WAC 194-40-230(4), if the utility relied on the incremental cost provision in RCW 19.405.060 (4)(a) during the period.

(l) Any other information necessary to demonstrate compliance with the requirements of CETA that are applicable during the period.

(5) Each consumer-owned utility must include in each report required under subsections (1) and (2) of this section a report of the number of unspecified electricity contracts with terms greater than 31 days used to serve Washington retail customers during the prior interim performance period or GHG neutral compliance period. The consumer-owned utility must report for each such contract the duration and purpose of the contract and the specific months included in the contract.

History

Statutory Authority: RCW 19.405.100. WSR 26-04-118, s 194-40-040, filed 2/3/26, effective 3/6/26. Statutory Authority: RCW 19.405.100 and 19.405.060. WSR 21-02-039, § 194-40-040, filed 12/29/20, effective 1/29/21.

Wash. Admin. Code § 194-40-050 Submission of clean energy implementation plan.

(1) Each utility must submit by January 1, 2022, and every four years thereafter, a CEIP for resources to be acquired and other actions to be undertaken during the next interim performance period or GHG neutral compliance period to comply with the GHG neutral standard and the 100% electricity clean standard. The CEIP must be submitted using a form provided by commerce.

(2) Each utility must submit with its CEIP a summary of the public input process conducted in compliance with WAC 194-40-220 and a description of how public comments were reflected in the specific actions under WAC 194-40-200(4), including the development of one or more indicators and other elements of the CEIP and the utility's supporting integrated resource plan or resource plans, as applicable.

History

Statutory Authority: RCW 19.405.100 and 19.405.060. WSR 21-02-039, § 194-40-050, filed 12/29/20, effective 1/29/21.

Wash. Admin. Code § 194-40-100 Social cost of greenhouse gas emissions.

(1) The social cost of greenhouse gas emissions to be included by utilities in resource planning, evaluation, and selection, in compliance with RCW 19.280.030(3), is equal to the cost per metric ton of carbon dioxide equivalent emissions, using the 2.5 percent discount rate, listed in table 2, technical support document: Technical update of the social cost of carbon for regulatory impact analysis under Executive Order No. 12866, published by the interagency working group on social cost of greenhouse gases of the United States government, August 2016, referred to in this rule as the "technical support document."

(2) The social cost values for intermediate years are calculated by linear interpolation and provided in Appendix A of the technical support document. Social cost values for years after 2050 must be determined by applying an escalation factor of 1.3 percent, consistent with Table 3 of the technical support document. Social cost values must be adjusted for inflation, using the implicit price deflator for gross domestic product published by the United States Department of Commerce, from the 2007 dollars to the base year used for other cost and benefit values in the utility's analysis.

(3) As a convenience and illustration, the cost values established in subsection (1) of this section and adjusted as provided for in subsection (2) of this section for inflation to 2018 dollars are restated here:

| Year in Which Emissions Occur or Are Avoided | Social Cost of Carbon Dioxide (in 2007 dollars per metric ton) | Social Cost of Carbon Dioxide (in 2018 dollars per metric ton) | | --- | --- | --- | | 2010 | $50 | $60 | | 2015 | $56 | $67 | | 2020 | $62 | $74 | | 2025 | $68 | $81 | | 2030 | $73 | $87 | | 2035 | $78 | $93 | | 2040 | $84 | $100 | | 2045 | $89 | $106 | | 2050 | $95 | $113 |

(4) The social cost values established in this rule are minimum values. A utility may apply a greater value if it has a reasonable basis to do so.

History

Statutory Authority: RCW 19.405.100 and 19.285.080. WSR 20-02-089, § 194-40-100, filed 12/30/19, effective 1/30/20.

Wash. Admin. Code § 194-40-110 Methodologies to incorporate social cost of greenhouse gas emissions.

(1)(a) Each utility must incorporate the social cost of greenhouse gas emissions as a cost adder for all relevant inputs when evaluating and selecting conservation policies, programs, and targets; developing integrated resource plans and clean energy action plans; and evaluating and selecting intermediate term and long-term resource options.

(b) The greenhouse gas emissions cost adder may be adjusted to account for any explicit tax or fee on greenhouse gas emissions that is known or assumed in the resource analysis.

(2) A utility may comply with the requirements of subsection (1) of this section by using one of the following analytical approaches, as appropriate and consistent with the utility's overall analytical approach for resource planning, evaluation, and selection:

(a) Performing a resource analysis in which it increases the input cost of each fossil fuel by an amount equal to the social cost of greenhouse gas emissions value of that fuel;

(b) Conducting a resource analysis in which alternative resource portfolios are compared across multiple scenarios on the basis of cost, risk, and other relevant factors and the aggregate social cost of greenhouse gas emissions is added to the cost of each resource portfolio;

(c) If the utility does not use a comprehensive resource portfolio evaluation and optimization approach: Adding the social cost of greenhouse gas emissions to the expected market price of electricity, using an estimate of the emissions rate of marginal generating resources; or

(d) Using another analytical approach that includes a comprehensive accounting of the difference in greenhouse gas emissions and social cost of greenhouse gas emissions between resource alternatives.

(3) Any methodology used to comply with this rule may assume that the social cost of greenhouse gas emissions cost adder does not affect short-term operations or dispatch decisions after energy resources are acquired and placed into service.

(4) Any methodology used to comply with this rule must ensure that the social cost of greenhouse gas emissions cost adder is accounted for without unreasonable duplication or double counting.

(5) The social cost of greenhouse gas emissions values used to meet the requirements of this chapter are specified in WAC 194-40-100.

History

Statutory Authority: RCW 19.405.100 and 19.405.060. WSR 21-02-039, § 194-40-110, filed 12/29/20, effective 1/29/21.

Wash. Admin. Code § 194-40-200 Clean energy implementation plan.

(1) Specific actions. Each utility must identify in each CEIP the specific actions the utility will take during the next interim performance period or GHG neutral compliance period to demonstrate progress toward meeting the standards under RCW 19.405.040(1) and 19.405.050(1) and the interim targets under subsection (2) of this section and the specific targets under subsection (3) of this section. Specific actions must be consistent with the requirements of RCW 19.405.060 (2)(a)(iv).

(2) Interim target. The CEIP must establish an interim target for the percentage of retail load to be served using renewable and nonemitting resources during the period covered by the CEIP. The interim target must demonstrate progress toward meeting the standards under RCW 19.405.040(1) and 19.405.050(1), if the utility is not already meeting the relevant standard.

(3) Specific targets. The CEIP must establish specific targets, for the interim performance period or GHG neutral compliance period covered by the CEIP, for each of the following categories of resources:

(a) Energy efficiency.

(i) The CEIP must establish a target for the amount, expressed in megawatt-hours of first-year savings, of energy efficiency resources expected to be acquired during the period. The energy efficiency target must comply with WAC 194-40-330(1).

(ii) A utility may update its CEIP to incorporate a revised energy efficiency target to match a biennial conservation target established by the utility under RCW 19.285.040 (1)(b) and WAC 194-37-070.

(b) Demand response resources. The CEIP must specify a target for the amount, expressed in megawatts, of demand response resources to be acquired during the period. The demand response target must comply with WAC 194-40-330(2).

(c) Renewable energy. The utility's target for renewable energy must identify the quantity in megawatt-hours of renewable electricity to be used in the period.

(4) Specific actions to ensure equitable transition. To meet the requirements of RCW 19.405.040(8), the CEIP must, at a minimum:

(a) Identify each highly impacted community, as defined in RCW 19.405.020(23), and its designation as either:

(i) A community designated by the department of health based on cumulative impact analyses; or

(ii) A community located in census tracts that are at least partially on Indian country.

(b) Identify vulnerable populations based on the adverse socioeconomic factors and sensitivity factors developed through a public process established by the utility and describe and explain any changes from the utility's previous CEIP, if any;

(c) Report the forecasted distribution of energy and nonenergy costs and benefits for the utility's portfolio of specific actions, including impacts resulting from achievement of the specific targets established under subsection (3) of this section. The report must:

(i) Include one or more indicators applicable to the utility's service area and associated with energy benefits, nonenergy benefits, reduction of burdens, public health, environment, reduction in cost, energy security, or resiliency developed through a public process as part of the utility's long-term planning, for the provisions in RCW 19.405.040(8);

(ii) Identify the expected effect of specific actions on highly impacted communities and vulnerable populations and the general location, if applicable, timing, and estimated cost of each specific action. If applicable, identify whether any resource will be located in highly impacted communities or will be governed by, serve, or otherwise benefit highly impacted communities or vulnerable populations in part or in whole; and

(iii) Describe how the specific actions in the CEIP are consistent with, and informed by, the utility's longer-term strategies based on the analysis in RCW 19.280.030 (1)(k) and clean energy action plan in RCW 19.280.030 (1)(l) from its most recent integrated resource plan, if applicable.

(d) Describe how the utility intends to reduce risks to highly impacted communities and vulnerable populations associated with the transition to clean energy.

(5) Use of alternative compliance options. The CEIP must identify any planned use during the period of alternative compliance options, as provided for in RCW 19.405.040 (1)(b).

(6) The CEIP must be consistent with the most recent integrated resource plan or resource plan, as applicable, prepared by the utility under RCW 19.280.030.

(7) The CEIP must be consistent with the utility's clean energy action plan developed under RCW 19.280.030(1) or other ten-year plan developed under RCW 19.280.030(5).

(8) The CEIP must identify the resource adequacy standard and measurement metrics adopted by the utility under WAC 194-40-210 and used in establishing the targets in its CEIP.

(9) If the utility intends to comply using the two percent incremental cost approach specified in WAC 194-40-230, the CEIP must include the information required in WAC 194-40-230(3) and, if applicable, the demonstration required in WAC 194-40-350(2).

(10) Any utility that is not subject to RCW 19.280.030(1) may meet the requirements of this section through a simplified reporting form provided by commerce.

History

Statutory Authority: RCW 19.405.100 and 19.405.060. WSR 21-02-039, § 194-40-200, filed 12/29/20, effective 1/29/21.

Wash. Admin. Code § 194-40-210 Resource adequacy standard.

(1) Each utility that is required to prepare an integrated resource plan under RCW 19.280.030(1) must establish by January 1, 2022, a standard for resource adequacy to be used in resource planning, including assessing the need for and contributions of generating resources, storage resources, demand response resources, and conservation resources. The resource adequacy standard must be consistent with prudent utility practices and relevant regulatory requirements and must include reasonable and nondiscriminatory:

(a) Measures of adequacy, such as peak load standards and loss of load probability or loss of load expectation;

(b) Methods of measurement, such as probabilistic assessments of resource adequacy; and

(c) Measures of resource contribution to resource adequacy, such as effective load carrying capability applicable to all resources available to the utility including, but not limited to, renewable, storage, hybrid, and demand response resources.

(2) Each utility not subject to subsection (1) of this section must identify by January 1, 2022, the resource adequacy standard relied on by the utility in preparing its resource plan and CEIP.

(3) In each CEIP submitted after 2022, each utility must identify and explain any changes to its resource adequacy standard.

History

Statutory Authority: RCW 19.405.100 and 19.405.060. WSR 21-02-039, § 194-40-210, filed 12/29/20, effective 1/29/21.

Wash. Admin. Code § 194-40-220 Public input for planning.

(1) Each utility must provide reasonable opportunities for its customers and interested stakeholders to provide input to the utility during the development of, and prior to the adoption of, plans identifying actions to comply with RCW 19.405.040(8) and other requirements of RCW 19.405.040 and 19.405.050. A utility may use a single coordinated public input process in the development of its clean energy implementation plan, its integrated resource plan or resource plan, as applicable, and its clean energy action plan or 10-year action plan, as applicable.

(2) In assessing whether a public input opportunity is reasonable, the utility must consider barriers to public participation due to language, cultural, economic, technological, or other factors consistent with community needs.

History

Statutory Authority: RCW 19.405.100 and 19.405.060. WSR 21-02-039, § 194-40-220, filed 12/29/20, effective 1/29/21.

Wash. Admin. Code § 194-40-230 Compliance using two percent incremental cost of compliance.

(1) For any period in which a utility relies on RCW 19.405.060 (4)(a) to meet an interim target during an interim performance period or as the basis for compliance with the standard under RCW 19.405.040(1) or 19.405.050(1), the utility must:

(a) Document, as provided in this section, incremental costs that are directly attributable to actions necessary to comply with the requirements of RCW 19.405.040 and 19.405.050; and

(b) Demonstrate that the average annual incremental costs identified under (a) of this subsection are at least equal to an annual threshold amount that would result from a two percent revenue increase at the beginning of each year of the period, divided by the number of years in the period. For a period consisting of four years, the mathematical formula for the annual threshold amount is:

| Annual Threshold Amount | = | (RR0 × 2% × 4) + (RR1 × 2% × 3) + (RR2 × 2% × 2) + (RR3 × 2%) | | --- | --- | --- | | 4 | | |

Where RR indicates retail revenue requirement and the numerical subscript indicates the year of the period.

Example calculation of annual threshold amount:

| Year | Retail Revenue Requirement | Annual Amount from Revenue Increase Equal to 2% of Prior Year Revenue Requirement | Number of Years in Effect | Threshold Amount over Four Years | Sum of Threshold Amounts | Annual Threshold Amount | | --- | --- | --- | --- | --- | --- | --- | | 0 | $100 | | | | | | | 1 | $105 | $2.00 | 4 | $8.00 | $21.00 | $5.30 | | 2 | $110 | $2.10 | 3 | $6.30 | | | | 3 | $115 | $2.20 | 2 | $4.40 | | | | 4 | $120 | $2.30 | 1 | $2.30 | | | | Annual Threshold Amount as a Percentage of Average Retail Revenue Requirement | | 4.7% | | | | |

(2) For the purposes of compliance using RCW 19.405.060 (4)(a), a cost is directly attributable to actions necessary to comply with the requirements of RCW 19.405.040 and 19.405.050 only if all of the following conditions are met:

(a) The cost is incurred during the period;

(b) The cost is part of the lowest reasonable cost and reasonably available portfolio of resources that results in compliance with RCW 19.405.040 and 19.405.050;

(c) The cost is additional to the costs that would be incurred for the lowest reasonable cost and reasonably available resource portfolio that would have been selected in the absence of RCW 19.405.040 and 19.405.050; and

(d) The cost is not required to meet any statutory, regulatory, or contractual requirement or any provision of chapter 19.405 RCW other than sections RCW 19.405.040 or 19.405.050.

(3) A utility using the compliance method in this rule must include in its CEIP for the period the following information:

(a) Identification of all costs that it intends to incur during the period in order to comply with the requirements of RCW 19.405.040 and 19.405.050;

(b) Demonstration that the costs identified in (a) of this subsection are directly attributable to actions necessary to comply with the requirements of RCW 19.405.040 and 19.405.050; and

(c) Documentation of the expected cost of the utility's planned resource portfolio and the expected cost of the alternative lowest reasonable cost and reasonably available portfolio.

(4) The utility must include in the compliance report required by WAC 194-40-040 the following:

(a) Documentation by year of the actual and lowest reasonable costs incurred during the period for the costs identified in subsection (1)(a) of this section.

(b) Documentation by year of the costs that the utility would have incurred to acquire the alternative lowest reasonable cost and reasonably available portfolio of investments.

(c) A calculation of the average annual incremental costs by summing the differences between costs reported in (a) of this subsection and costs reported in (b) of this subsection and dividing by the number of years in the period.

(d) A comparison demonstrating that average annual incremental costs for the period, calculated as specified in (c) of this subsection, equal or exceed the annual threshold amount calculated as specified in subsection (1)(b) of this section.

(5) If a resource included in an actual or alternative portfolio has a useful life or contract duration of greater than one year, the cost of that resource must be allocated over the expected useful life or contract duration using a levelized cost or fixed charge factor.

(6) The CEIP must substantiate the information required in subsection (3) of this section using a comprehensive assessment of alternative resource portfolios, such as an integrated resource plan prepared in compliance with chapter 19.280 RCW.

(7) A utility must include in all cost calculations under this rule the effects on resource selection and acquisition of the social cost of greenhouse gas emissions cost adder requirement under WAC 194-40-110. A utility may not include in the cost calculations any greenhouse gas emissions costs, fees, or taxes unless customers will pay those amounts through their electricity purchases.

(8) As used in this rule, "period" means the years covered by each CEIP developed in compliance with RCW 19.405.060(2).

History

Statutory Authority: RCW 19.405.100 and 19.405.060. WSR 21-02-039, § 194-40-230, filed 12/29/20, effective 1/29/21.

Wash. Admin. Code § 194-40-300 Documentation concerning coal-fired resources.

Each utility must publish by June 1, 2027, and each year thereafter, an attestation by a properly authorized representative of the utility certifying that the utility's allocation of electricity for Washington retail electric load in the prior calendar year did not include any electricity generated at a coal-fired resource. The utility must provide additional documentation as the auditor may require.

History

Statutory Authority: RCW 19.405.100. WSR 26-04-118, s 194-40-300, filed 2/3/26, effective 3/6/26. Statutory Authority: RCW 19.405.100 and 19.405.060. WSR 21-02-039, § 194-40-300, filed 12/29/20, effective 1/29/21.

Wash. Admin. Code § 194-40-310 Documentation of nonemitting electric generation.

(1) Any utility using nonemitting electric generation to comply with a requirement under RCW 19.405.040 or 19.405.050 must demonstrate that it owns the nonpower attributes of that electricity and that it has committed to use the nonpower attributes exclusively for the stated compliance purpose.

(2) A utility may demonstrate ownership of nonpower attributes using contractual records or attestations of ownership and transfer by properly authorized representatives of the generating facility, all intermediate owners of the nonemitting electric generation, and a properly authorized representative of the utility.

(3) A utility may demonstrate ownership of the nonpower attributes of the nuclear portion of BPA's electricity product by relying on a representation of a properly authorized representative of BPA stating the nonemitting percentage of its electricity product and verifying that BPA did not separate the nonpower attributes associated with the nuclear generation.

History

Statutory Authority: RCW 19.405.100 and 19.405.060. WSR 21-02-039, § 194-40-310, filed 12/29/20, effective 1/29/21.

Wash. Admin. Code § 194-40-330 Methodologies for energy efficiency and demand response resources.

(1) Energy efficiency resources.

(a) Assessment of potential:

(i) Any utility that is a qualifying utility under chapter 19.285 RCW must assess the amount of energy efficiency and conservation that is available using the conservation methodology established in RCW 19.285.040(1) and the rules implementing that subsection. The analysis must include the social cost of greenhouse gas emissions as specified in WAC 194-40-110.

(ii) Any utility that is not a qualifying utility under chapter 19.285 RCW must establish the amount of energy efficiency and conservation that is available using either of the following methods:

(A) Use the conservation methodology established in RCW 19.285.040(1) and the rules implementing that subsection; or

(B) Establish the reasonable utility-level proportion of a conservation potential assessment prepared at a regional or multi-utility level using a methodology that:

(I) Evaluates resource alternatives on a total resource cost basis, in which all costs and all benefits of conservation measures are included regardless of who pays the costs or receives the benefits; and

(II) Includes the social cost of greenhouse gas emissions as specified in WAC 194-40-110.

(b) Target. The energy efficiency target for any interim performance period or GHG neutral compliance period must equal or exceed the target that would be calculated using the pro rata share approach specified in RCW 19.285.040 (1)(b) and must be sufficient to ensure that the utility meets its obligation under RCW 19.405.040(6) to pursue all cost-effective, reliable, and feasible conservation and energy efficiency resources.

(c) Measurement and verification. All energy efficiency and conservation resources used to meet an energy efficiency target must be measured and verified using the measurement and verification requirements of WAC 194-37-080 (3) and (4).

(2) Demand response resources:

(a) Assessment of potential. Each utility must assess the amount of demand response resource that is cost-effective, reliable, and feasible.

(b) Target. The demand response target for any compliance period must be sufficient to meet the utility's obligation under RCW 19.405.040(6) and must be consistent with the utility's integrated resource plan or resource plan and any distributed energy resource plan adopted under RCW 19.280.100.

(c) Measurement and verification. Each utility must maintain and apply measurement and verification protocols to determine the amount of capacity resulting from demand response resources and to verify the acquisition or installation of the demand response resources being recorded or claimed. The utility must document the methodologies, assumptions, and factual inputs used in its measurement and verification of demand response resources.

History

Statutory Authority: RCW 19.405.100 and 19.405.060. WSR 21-02-039, § 194-40-330, filed 12/29/20, effective 1/29/21.

Wash. Admin. Code § 194-40-340 Acquisition of new resources other than renewable resources and energy storage.

A utility that acquires a new fossil fuel generating resource or new nonemitting electric generation must document through its integrated resource plan and any other analysis relied on in making its decision that the resource acquisition is consistent with meeting the utility's targets under RCW 19.405.040 or the standard in RCW 19.405.050 at the lowest reasonable cost, considering risk. For the purposes of this chapter, a resource that commenced operation on or before May 7, 2019, is not a new resource.

History

Statutory Authority: RCW 19.405.100 and 19.405.060. WSR 21-02-039, § 194-40-340, filed 12/29/20, effective 1/29/21.

Wash. Admin. Code § 194-40-350 Use of alternative compliance options by utilities using two percent incremental cost threshold.

(1) Except as provided in subsection (2) of this section, a utility may not use any alternative compliance option under RCW 19.405.040 (1)(b) in any GHG neutral compliance period if it relies on RCW 19.405.060 (4)(a) as the basis for compliance with the standard under RCW 19.405.040(1) or 19.405.050(1).

(2) A utility relying on RCW 19.405.060 (4)(a) may use an alternative compliance option if:

(a) The utility demonstrates that no renewable resources or nonemitting electric generation was reasonably available; or

(b) The utility uses renewable resources and nonemitting electric generation in an amount equal to at least eighty percent of its annual retail electric load during the period.

History

Statutory Authority: RCW 19.405.100 and 19.405.060. WSR 21-02-039, § 194-40-350, filed 12/29/20, effective 1/29/21.

Wash. Admin. Code § 194-40-360 Temporary exemption, demonstration of plan to achieve full compliance.

(1) A utility must notify commerce at least thirty days prior to consideration of action by the governing body to authorize a temporary exemption under RCW 19.405.090 (5)(a). The notice must provide all information that the governing body will rely on in making a decision whether to authorize a temporary exemption.

(2) If the governing body of a utility authorizes a temporary exemption under RCW 19.405.090 (5)(a), the governing body must notify commerce within thirty days of the action. The governing body's notice must include a plan to take specific actions to achieve full compliance with RCW 19.405.040(1).

History

Statutory Authority: RCW 19.405.100 and 19.405.060. WSR 21-02-039, § 194-40-360, filed 12/29/20, effective 1/29/21.

Wash. Admin. Code § 194-40-370 Accounting for electricity from storage resources.

(1) The eligibility of renewable or nonemitting electricity to demonstrate compliance with CETA is not affected by the use of storage resources.

(2) Except for storage resources located on the customer side of a retail meter, any electrical consumption or loss resulting from the charging, holding, and discharging of storage resources is not considered retail electric load as defined in RCW 19.405.020(36).

(3) Any consumption or loss resulting from the charging, holding, and discharging of storage resources located on the customer side of a retail meter is considered retail electric load for the purpose of compliance with CETA.

History

Statutory Authority: RCW 19.405.100 and 19.405.130. WSR 22-13-128, § 194-40-370, filed 6/17/22, effective 7/18/22.

Wash. Admin. Code § 194-40-400 Documentation and retirement of renewable energy credits.

(1) The Western Renewable Energy Generation Information System is the renewable energy credit tracking system for purposes of verification of RECs under chapter 19.405 RCW.

(2)(a) Except as provided in (b) of this subsection, each utility must verify and document by the retirement of RECs all electricity from renewable resources used to meet a target in an interim performance period or to comply with the requirements of RCW 19.405.040 or 19.405.050.

(b) A utility is not required to comply with (a) of this subsection for electricity from renewable resources used to meet a target in an interim performance period if:

(i) The energy source for the generating facility is water;

(ii) The generating facility is not registered in WREGIS or the WREGIS account holder for the generating facility verifies that no RECs have been created for the electricity used to meet CETA requirements; and

(iii) The utility owned the generating facility or purchased the electricity directly from the owner of the facility or, in the case of federal generating facilities, from BPA.

(3) Each utility using a REC under this chapter must document the following:

(a) The REC represents the output of a renewable resource;

(b) The vintage of the REC is a year within the applicable performance period or compliance period; and

(c) The utility has retired the REC to a retirement subaccount of the utility within WREGIS using the following values in the certificate transfer:

(i) Retirement type: Used by the account holder for a state-regulated renewable portfolio standard/provincial utility portfolio standard;

(ii) State/province: Washington; and

(iii) Compliance year: Within the applicable performance period or compliance period.

(4) A utility may use any REC retired to comply with RCW 19.285.040 for the purposes identified in subsection (2) of this section if the compliance year indicated in the retirement documentation of the REC is within the compliance period of the standard or target identified in subsection (2) of this section.

(5) This rule does not require the retirement of RECs identified in a CEIP and not otherwise used to meet an interim target or to comply with the requirements of RCW 19.405.040 or 19.405.050.

History

Statutory Authority: RCW 19.405.100 and 19.405.060. WSR 21-02-039, § 194-40-400, filed 12/29/20, effective 1/29/21.

Wash. Admin. Code § 194-40-410 Use of renewable energy credits other than unbundled RECs to comply with the greenhouse gas neutral standard.

(1) A utility may use a REC other than an unbundled REC to comply with the requirements of RCW 19.405.040 (1)(a) or to demonstrate performance compared to an interim target established under RCW 19.405.060(1) only if the utility complies with the requirements of this section.

(2) The utility must acquire the REC and the electricity associated with the REC in a single transaction through ownership or control of the generating facility or through a contract for purchase or exchange.

(3) The electricity associated with the REC must be:

(a) From a generating facility located within the utility's service area or balancing authority area; or

(b) Acquired by the utility at one of the following points of delivery:

(i) The transmission or distribution system of an electric utility (as defined in RCW 19.405.020);

(ii) The transmission system of the Bonneville Power Administration;

(iii) The transmission system of any entity that is a participant in an organized electricity market located in the Western Interconnection in which the electric utility is a participant; or

(iv) Another point of delivery designated by the utility for the purpose of subsequent delivery to the utility.

(4) The electricity associated with the REC must be from a generating facility or contract that is part of a resource portfolio reasonably expected to be capable of serving at least 80 percent of the utility's retail electric load over each compliance period. Each utility required under RCW 19.280.030(1) to prepare an integrated resource plan must demonstrate compliance with this requirement by, at a minimum, showing through an hourly analysis that the expected renewable or nonemitting output of the resource portfolio could be generated and delivered to serve at least 80 percent of expected retail electric load. This demonstration must use inputs and assumptions consistent with the utility's integrated resource plan and may be updated with changes in its resource portfolio.

(5) A REC is not eligible under this section if the utility sells or otherwise transfers ownership of the electricity associated with the REC in a transaction that (a) contractually specifies the source of the electricity by fuel source or as renewable or (b) transfers the nonpower attributes of the electricity.

History

Statutory Authority: RCW 19.405.100 and 19.405.130. WSR 22-13-128, § 194-40-410, filed 6/17/22, effective 7/18/22.

Wash. Admin. Code § 194-40-415 Use of renewable energy credits to comply with the 100 percent renewable or nonemitting standard.

(1) Except as provided in subsection (2) of this section, a utility may not use a REC to comply with the requirements of RCW 19.405.050(1) unless:

(a) The utility acquired the REC and the electricity associated with the REC in a single transaction through ownership or control of the generating facility or through a contract for purchase or exchange; and

(b) The utility did not use the associated electricity for any purpose other than supplying electricity to its Washington retail electric customers.

(2) A utility may use any REC to comply with the requirements of RCW 19.405.050(1) if:

(a) The utility acquired the REC through participation in a clean electricity market;

(b) The REC is associated with electricity acquired through participation in a clean electricity market; and

(3) For purposes of this section, "clean electricity market" means an organized wholesale electricity market that provides for the physical delivery of electricity and excludes electricity from fossil fuel and unspecified sources.

History

Statutory Authority: RCW 19.405.100 and 19.405.130. WSR 22-13-128, § 194-40-415, filed 6/17/22, effective 7/18/22.

Wash. Admin. Code § 194-40-420 Safeguards to prevent double counting of unbundled RECs.

(1) A utility may use an unbundled REC as an alternative compliance option, as provided in RCW 19.405.040 (1)(b), only if the utility demonstrates that there is no double counting of any nonpower attribute associated with that REC by complying with the requirements of this section.

(2) Except as provided in subsection (4) of this section, a utility may use an unbundled REC for alternative compliance only if the utility demonstrates:

(a) The associated electricity was sold, delivered, or transferred without specifying fuel sources or nonpower attributes and under a contract expressly stating the fuel source or nonpower attributes are not included; and

(b) The associated electricity was not delivered, reported, or claimed as a zero-emission specified source or assigned the emissions rate of the renewable generating facility under a GHG program.

(3) A utility's demonstration under this section may be met by documentation that the entity providing the unbundled REC:

(a) Provides contract, confirmation, or other transaction terms that comply with the requirements of subsection (2) of this section;

(b) Was a party to or otherwise has knowledge of the transaction in which the associated electricity was sold or transferred and attests to complying with the requirements of subsection (2) of this section; or

(c) Obtained the unbundled REC from an entity that attests that it and all previous owners of the REC transferred the REC using transaction terms complying with the requirements of (a) or (b) of this subsection.

(4) To claim and retire an unbundled REC for alternative compliance where the Washington-eligible RECs were created by renewable electricity marketed by BPA, a utility must demonstrate the REC was not associated with electricity from a system sale from BPA directly into a state with a GHG program and to an entity regulated by the state GHG program. The RECs are calculated based on the same vintage year as the year in which the electricity was imported to the state with the GHG program.

(5) For the purposes of this section, "GHG program" includes any governmental program outside of Washington that caps or limits greenhouse gas emissions or requires the purchase, surrender, or retirement of greenhouse gas allowances, if the scope of the greenhouse gas program includes electricity imported from outside the governmental jurisdiction and does not require the retirement of RECs for such imported electricity.

(6) This section sets only the minimum requirements necessary to demonstrate that no double counting has occurred. The auditor may request that the utility produce other evidence or recommend specific actions for the utility to consider to demonstrate that there is no double counting of nonpower attributes.

History

Statutory Authority: RCW 19.405.100 and 19.405.130. WSR 22-13-128, § 194-40-420, filed 6/17/22, effective 7/18/22.

Wash. Admin. Code § 194-40-430 Thermal RECs—Applicability.

(1) A thermal renewable energy credit may be used as an unbundled REC under RCW 19.405.040 (1)(b) if it is created in association with the generation of qualifying thermal energy for a secondary purpose at a facility that generates electricity from biomass energy. For multiple-fuel facilities, only the portion of thermal energy generated from eligible biomass sources is eligible for the generation of a thermal REC.

(2) Thermal energy may not be used to create a thermal REC if the thermal energy:

(a) Is used to operate the generating facility or process the facility's fuel;

(b) Is returned to the biomass conversion device that initially created the eligible thermal resource;

(d) Is produced while the electricity generation equipment is out of service.

History

Statutory Authority: RCW 19.405.100 and 19.405.060. WSR 21-02-039, § 194-40-430, filed 12/29/20, effective 1/29/21.

Wash. Admin. Code § 194-40-440 Thermal RECs—Measuring.

(1) Qualifying thermal energy must be measured and tracked using the following methods:

(a) Large facilities: Facilities with the capacity to generate one or more thermal RECs per hour of operation must install a thermal energy measurement system to continually measure qualifying thermal energy. The thermal energy delivered to the secondary purpose must be metered. All parameters needed to determine thermal energy delivered to the secondary purpose must be directly measured.

(b) Small facilities: Facilities with the capacity to generate less than one thermal REC per hour of operation must install a thermal energy measurement system to measure qualifying thermal energy delivered to the secondary purpose. Calculation parameters, such as heat capacity, and directly measured parameters, such as temperature and pressure, that do not vary more than two percent for the full range of expected operating conditions may be evaluated on an annual basis and used in the calculation methodology as a constant. These parameters may be based on such sources as manufacturers' published ratings or one-time measurements, but must be clearly defined and explained in the thermal energy measurement plan required under subsection (2) of this section. All other parameters used to determine the amount of qualifying thermal energy must be continually measured. The generating facility must assess the significance of any potential error that the methodology parameters have on the total annual quantity of qualifying thermal energy and include this analysis in the thermal energy measurement plan. The generating facility must also submit to the department for approval in the thermal energy measurement plan an appropriate discount factor to be applied to the qualifying thermal energy calculation methodology, and the department may revise this discount factor to account for variance due to parameters that are not continually measured.

(c) Any thermal energy measurement system used to comply with this rule must capture sufficient data, and make necessary calculations or provide all necessary data for calculations to be made using standard engineering calculation procedures, to determine the net thermal energy used by the secondary purpose over an interval specified in the thermal energy measurement plan.

(d) The components of a thermal energy measurement system must be installed in accordance with the manufacturer's specifications.

(2) The operator of a thermal energy generating facility must submit to the department for its approval a thermal energy measurement plan that:

(a) Describes the thermal energy generating equipment, secondary purposes, data measurements to be collected, all associated measurement devices, data formats and storage, data gathering techniques, measurement system calibration, calculation methodology, discount factors, and other relevant equipment and activities that will be used to determine the quantity of qualifying thermal energy.

(b) Includes documentation, including drawings, specifications, piping and instrumentation diagrams, and other information, sufficient to verify the compliance of the system with the requirements of this rule.

(3) The operator of a thermal energy generating facility must submit an updated thermal energy measurement plan and documentation for review and approval to the department upon the following:

(a) Installation, removal or changes in the configuration of the thermal energy measurement system and its components;

(b) Installation of new thermal energy generation equipment or changes in thermal energy generation capacity;

(c) Installation or removal of secondary purpose equipment, changes to secondary purpose use, or changes in the secondary purpose maximum thermal energy demand; or

(d) Indications the thermal energy measurement system is not performing in accordance with the thermal energy measurement plan.

History

Statutory Authority: RCW 19.405.100 and 19.405.060. WSR 21-02-039, § 194-40-440, filed 12/29/20, effective 1/29/21.

Wash. Admin. Code § 194-40-450 Thermal RECs—Tracking.

(1) Where continual measurements are required to determine the quantity of qualifying thermal energy, the operator of the thermal energy generating facility must take data readings at least once per hour, or more frequently as necessary to capture irregular or frequently varying parameters. For all facilities, the qualifying thermal energy produced must be totaled for each twenty-four-hour period, each month, and each quarter.

(2) The operator of the generating facility must retain measured data and related thermal energy calculations on-site for five calendar years and make records available for audit.

(3) Prior to measuring qualifying thermal energy for the purpose of generating thermal RECs, the operator of the generating facility must perform, or have performed, an initial calibration of the thermal energy measurement system and all associated measurement devices, or demonstrate that a calibration has been performed as specified by system component manufacturers or within the last three hundred sixty-five days of the application date for certification as compliant with these rules. All measurement devices shall be recalibrated annually or as specified by system component manufacturers to maintain specified accuracy. Calibrations must be performed using the calibration procedures specified by the meter manufacturer, calibration methods published by a consensus-based standards organization, or other industry accepted practice.

(4) Individuals designing, installing, operating, and maintaining the thermal energy measurement system must have appropriate training and certification. The generating facility must maintain documentation of maintenance and calibration activities.

History

Statutory Authority: RCW 19.405.100 and 19.405.060. WSR 21-02-039, § 194-40-450, filed 12/29/20, effective 1/29/21.

Wash. Admin. Code § 194-40-460 Thermal RECs—Reporting.

All thermal RECs are subject to the requirements of WAC 194-40-400.

History

Statutory Authority: RCW 19.405.100 and 19.405.060. WSR 21-02-039, § 194-40-460, filed 12/29/20, effective 1/29/21.

Chapter 194-50 Washington state department of commerce adoption and amendment of ASHRAE Standard 100, 2018.

Wash. Admin. Code § 194-50-001 Foreword.

WAC 194-50-001

ANSI/ASHRAE/IES Standard 100-2018 Energy Efficiency in Existing Buildings is hereby adopted by reference with the exceptions noted in this chapter of the Washington Administrative Code (WAC) updated February 7, 2024, to include Tier 2 covered buildings pursuant to RCW 19.27A.250, updated July 2024 to include district energy systems decarbonization pursuant to RCW 19.27A.260. In the event of a conflict between the standard and rules in this chapter, the provisions of this chapter apply.

ANSI/ASHRAE/IES Standard 100-2018 Energy Efficiency in Existing Buildings is adopted by the Washington state department of commerce pursuant to RCW 19.27A.200, 19.27A.210, and 19.27A.220. This standard has been adopted by reference and modified to implement the requirements for covered buildings as directed by the Washington state legislature. The legislature delegated the responsibility of adoption and amendment of this standard to the Washington state department of commerce. The department may adopt by rule subsequent versions of Standard 100 as its model for standard development and the department may also develop targets for alternative metrics related to energy use and greenhouse gas emissions. The department must update the standard by July 1, 2029, and every five years thereafter. By July 1, 2029, the department must evaluate benchmarking data to determine energy use and greenhouse gas emissions averages by building activity type. By December 31, 2030, the department must adopt rules for Tier 2 covered buildings performance standards.

Complying with this rule requires the user to comply with ANSI/ASHRAE/IES Standard 100-2018 as amended by this rule. When this rule amends a section of Standard 100, the entire section is published in the rule. The user will need to have both documents in hand, but detailed comparison within any one section is not necessary. Simply apply the entire section as published in the rule. All other sections in Standard 100 apply.

The Washington state administrative requirements for this standard are included in Normative Annex Z for Tier 1 covered buildings, Normative Annex Y for Tier 2 covered buildings, and Normative Annex W for district energy system decarbonization plans. For building owners that must comply with this standard, reading Normative Annex Z, Normative Annex Y, or Normative Annex W first allows the owner to put the rest of the standard in context. Multiple compliance options are available and should be reviewed prior to beginning implementation of this standard.

History

Statutory Authority: RCW 19.27A.210 and 19.27A.250. WSR 26-15-112, s 194-50-001, filed 7/21/26, effective 8/21/26. Statutory Authority: RCW 19.27A.210. WSR 24-16-041, § 194-50-001, filed 7/30/24, effective 8/30/24. Statutory Authority: RCW 19.27A.210 and 19.27A.250. WSR 24-03-033, § 194-50-001, filed 1/8/24, effective 2/8/24. Statutory Authority: RCW 19.27A.210. WSR 20-22-059, § 194-50-001, filed 10/30/20, effective 11/30/20.

Wash. Admin. Code § 194-50-010 ASHRAE Standard 100, 2018—Section 1—Purpose.

1.1 This standard provides criteria that will result in reduced energy consumption through improved energy efficiency and performance in existing buildings. In adopting this standard by rule, Washington state department of commerce shall seek to maximize reductions of greenhouse gas emissions from the building sector.

1.2 This standard is directed toward providing procedures and programs essential to energy efficient operation, maintenance, management, and monitoring; increasing the energy efficiency of the energy-using systems and components; upgrading the thermal performance of the building envelope; and promoting the use of district energy system decarbonization plans aligning with district energy policy in coordination with statewide building performance standards policies to reduce commercial and large state-owned building emissions.

History

Statutory Authority: RCW 19.27A.210. WSR 24-16-041, § 194-50-010, filed 7/30/24, effective 8/30/24
WSR 20-22-059, § 194-50-010, filed 10/30/20, effective 11/30/20.

Wash. Admin. Code § 194-50-020 ASHRAE Standard 100, 2018—Section 2—Scope.

This standard is mandatory for all covered buildings and state campus district energy systems located in the state of Washington. Multifamily residential buildings exceeding 50,000 square feet of gross floor area, excluding the parking garage areas, may seek early adopter incentives by voluntarily complying with the applicable energy use intensity target consistent with RCW 19.27A.220.

This standard applies to existing buildings, portions of buildings, and building complexes, including the envelope and all systems in the building, state campus district energy systems, and campus district energy systems. Owners of a state campus district energy system must develop a decarbonization plan that provides a strategy for up to 15 years for the decarbonization of the district energy system. Owners of a campus district energy system may opt-in to compliance with the standard through the alternative decarbonization plan compliance pathway. Participating campuses must comply with all of the decarbonization plan requirements in accordance with Normative Annex W. This standard excludes industrial and agricultural processes in buildings for which the energy targets do not include those processes.

History

Statutory Authority: RCW 19.27A.210. WSR 24-16-041, § 194-50-020, filed 7/30/24, effective 8/30/24. Statutory Authority: RCW 19.27A.210 and 19.27A.250. WSR 24-03-033, § 194-50-020, filed 1/8/24, effective 2/8/24. Statutory Authority: RCW 19.27A.210. WSR 20-22-059, § 194-50-020, filed 10/30/20, effective 11/30/20.

Wash. Admin. Code § 194-50-030 ASHRAE Standard 100, 2018—Section 3—Definitions.

WAC 194-50-030

3.1 General

Agricultural structure: A structure designed and constructed to house farm implements, hay, grain, poultry, livestock, or other horticultural products, and is not a place used by the public or a place of human habitation or employment where agricultural products are processed, treated, or packaged.

Applicable building codes: The Washington state building codes as adopted by the Washington state building code council, and as modified by local government amendments.

Authority having jurisdiction (AHJ): Washington state department of commerce.

Authorized representative: The building owner designated individual who is authorized to communicate with commerce and sign documents and agreements related to clean buildings performance standard compliance, on behalf of the legal owner. This signatory can be an authorized employee of the owner organization, contractually obligated contractor, contractually obligated tenant, or the legal owner themselves. Building owners are not excused from compliance due to the existence of an authorized representative. The building owner shall be responsible for meeting the requirements of this standard.

Baseline: Except when referring to "baseline WNEUI," or in context of Section 8.4.6, baseline means the first-year energy use intensity for the building at the beginning of the compliance determination process.

Benchmarking: The practice of comparing the measured performance of a device, process, facility, or organization to itself, its peers, or established norms, with the goal of informing and motivating performance improvement. When applied to building energy use, benchmarking serves as a mechanism to measure energy performance over time, relative to other similar buildings.

Building owner: An individual or entity possessing title to a building. In the event of a land lease, the building owner is the entity possessing title to the building on leased land. Where condominium structures are subject to the standard, "building owner" means the owners' association.

Building tenant: A person or entity occupying or holding possession of a building or premises pursuant to a rental agreement.

Campus: A collection of buildings served by a district heating, cooling, water reuse or power system.

Campus district energy system: A district energy system that provides heating, cooling, or heating and cooling to a campus through a distributed system providing steam, hot water, or cool water to three or more buildings with more than 100,000 square feet of combined conditioned space, where the system and all buildings connected to the system are owned by:

(a) A single entity;

(b) A public-private partnership in which a private entity owns the systems providing heating, cooling, or heating and cooling to buildings owned by one public entity; or

(c) Two private entities in which one private entity owns the buildings connected to the system and another private entity owns the system providing heating, cooling, or heating and cooling to the buildings.

Capital management plan: A financial plan to set aside capital to replace or upgrade building systems at the end of their useful life (or remaining useful life) and/or to improve performance and energy efficiency.

Certified commissioningprovider: A person who is certified by an ANSI/ISO/IEC 17024:2012 accredited organization to lead, plan, coordinate, and manage commissioning teams and implement the commissioning process and with experience commissioning at least two projects of similar size and of similar equipment to the current project, and at least one in the last three years. This experience includes the writing and execution of verification checks and functional test plans.

Complex: A group of buildings interconnected by conditioned spaces on contiguous property.

Conditional compliance: A temporary compliance method for Tier 1 covered buildings used by building owners that demonstrates the owner has implemented energy use reduction strategies required by the standard, but has not demonstrated full compliance with the standard.

Conditioned space: An area, room or space that is enclosed within the building's thermal envelope and is directly heated or cooled or is indirectly heated or cooled. Spaces are indirectly heated or cooled where they communicate through openings with conditioned spaces, where they are separated from conditioned spaces by uninsulated walls, floors or ceilings, or where they contain uninsulated ducts, piping or other sources of heating or cooling (also see, semi-heated space).

Connected buildings: A collection of buildings with shared energy meter(s) on contiguous property.

Contiguous property: Adjoining property under sole ownership.

Covered building: Includes Tier 1 covered buildings and Tier 2 covered buildings.

Decarbonization plan: A plan to comply with clean building performance standard in accordance with Normative Annex W.

Director: The director of the department of commerce or the director's designee.

Discounted payback: The time when the accumulated savings achieved by an investment, discounted by the appropriate discount rate, equals the initial cost of the investment.

District energy system: A system that provides heating, cooling, or heating and cooling to a campus through a distributed system providing steam, hot water, or cool water to buildings.

District energy system, campus: See campus district energy system.

District energy system, state campus: See state campus district energy system.

Energy target (EUIt): The building activity site energy target value in Table 7-2a for the appropriate building activity types/activities and climate zone.

Energy use intensity (EUI): A measurement that normalizes a building's site energy use relative to its size. A building's energy use intensity is calculated by dividing the total net energy consumed in one year by the gross floor area of the building, excluding the parking garage. "Energy use intensity" is reported as a value of a thousand British thermal units per square foot per year.

Energy use intensity target (EUIt): The target for net energy use intensity of a covered building.

Expected useful life (EUL): Also known as "measure life" is the average amount of time in years that an item, component, or system is estimated to function when installed new and assuming routine maintenance is practiced. To determine the expected useful life of EEMs, code minimum, and in-kind replacement equipment for CBPS, see the building owners and managers association (BOMA) BOMA Preventative Maintenance Guidebook building systems useful life table.

Gross floor area (GFA): The total number of square feet measured between the exterior surfaces of the enclosing fixed walls of a building, including all supporting functions such as offices, lobbies, restrooms, equipment, storage areas, mechanical rooms, break rooms, and elevator shafts. Gross floor area does not include outside bays or docks.

Gross floor area for nonresidential buildings: Not adopted.

Gross floor area for residential buildings: Not adopted.

Grouped buildings:Buildings that comply at the campus-level as noted in Tables 7-2a and 7-4, Footnote #9, campuses, and connected buildings.

Lighting schedule: A list that provides a count of all luminaires in the building, lighting controls, fixture types, and product information.

More recently built buildings:Buildings and additions permitted for construction based on the application permit date of July 1, 2016, or later. For example, buildings (or additions) permitted to the 2015 edition of the Washington State Building Code, chapter 51-50 WAC.

Multifamily residential building: A covered multifamily building on contiguous property, containing sleeping units or more than five dwelling units where occupants are primarily permanent in nature.

Net energy use: The sum of the metered and bulk fuel energy entering the building, minus the sum of metered energy leaving the building or site. The same applies to portions of buildings with submetering. Bulk fuels are included using the equation in Section 5.2.2.1. Building or on-site renewable energy production does not need to be metered if used within the building.

Nontarget buildings:Buildings with building activity type(s) without an energy target or not listed in Table 7-1 in more than 50 percent of the gross floor area.

Nontarget space: Space within a building with a building activity type without an energy target or not listed in Table 7-1.

Participating campus: A campus pursuing compliance through a decarbonization plan in accordance with Normative Annex W.

Performance target: The performance objective requirements of meeting the energy use intensity target (EUIt), investment criteria, minimum energy use reduction, or space heating electrification compliance pathways for a Tier 1 covered building that must comply with this standard. See Sections 4.3.2, 4.3.3, 4.3.4, and 4.3.5.

Physical occupancy: Space that is used by an owner or tenant regardless of occupant density and frequency of use. A building does not have physical occupancy and is considered unoccupied when 50 percent or more of the conditioned floor area is not leased or is otherwise vacant.

Public hospital district: A municipal corporation established under chapter 70.44 RCW.

Qualified commissioning authority: Not adopted.

Qualified energy auditor (QEA): A person acting as the auditor of record having training, expertise and three years professional experience in building energy auditing and any one of the following:

(a) A licensed professional architect or engineer;

(b) A building energy assessment professional (BEAP) certified by the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE);

(d) A certified energy manager (CEM) in current standing, certified by the Association of Energy Engineers (AEE).

(e) An energy management professional (EMP) certified by the Energy Management Association (EMA).

The AHJ may prescribe additional certifications and training to meet the minimum qualifications of a qualified energy auditor. When the AHJ prescribes such additional qualifications, it will provide notice of the determination on the agency website and will periodically update these rules to reflect additional qualifications of qualified energy auditors.

Qualified energy manager (QEM): An individual designated by the building owner who meets either of the following:

(a) Has successfully completed the clean buildings Tier 2 training program as specified by the AHJ, and meets a minimum of one of the following:

(i) Two years of experience, including educational and/or professional experience, with commercial building operations and/or building energy management;

(ii) An individual participating in a full-time fellowship or internship specializing in energy efficiency in the built environment while supervised or mentored by a QEM, QP, or QEA for at least six months and has produced a successful compliance application with their supervisor or mentor; or

(iii) A person with Building Operator Certification (BOC) Level I by Building Potential;

(b) Meets the definition of a qualified person.

Qualified person (QP): A person having training, expertise and three years professional experience in building energy use analysis and any of the following:

(a) A licensed professional architect or engineer in the state of Washington;

(b) A person with Building Operator Certification (BOC) Level II by Building Potential;

(d) A qualified energy auditor;

(e) A certified energy manager (CEM) in current standing, certified by the Association of Energy Engineers (AEE);

(f) An energy management professional (EMP) certified by the Energy Management Association (EMA);

(g) A person with South Seattle College Sustainable Building Science Technology Bachelor of Applied Science degree, or as approved as equivalent by the AHJ.

The AHJ may prescribe additional certifications and training to meet the minimum qualifications of a qualified person. When the AHJ prescribes such additional qualifications, it will provide notice of the determination on the agency website and will periodically update these rules to reflect additional qualifications of qualified persons.

Recommissioning: An application of the commission process requirements to a project that has been delivered using the commissioning process.

Remaining useful life (RUL): Is an estimate of the number of remaining years that an existing item, component, or system can function in accordance with its intended purpose, before warranting replacement. The RUL is estimated by the qualified energy auditor (QEA) during the energy audit or by the energy manager or inspector during routine preventative maintenance based upon observations, average estimates of similar items, components, or systems, or a combination thereof.

Renewable natural gas: A gas consisting largely of methane and other hydrocarbons derived from the decomposition of organic material in landfills, wastewater treatment facilities, or anaerobic digesters and that is fully interchangeable with conventional natural gas.

Residential building: Not adopted.

Savings-to-investment ratio: The ratio of the total present value savings to the total present value costs of a bundle of an energy or water conservation measure estimated over the projected useful life (or expected useful life) of each measure. The numerator of the ratio is the present value of net savings in energy or water and nonfuel or nonwater operation and maintenance costs attributable to the proposed energy or water conservation measure. The denominator of the ratio is the present value of the net increase in investment and replacement costs less salvage value attributable to the proposed energy or water conservation measure.

Semi-heated space: An enclosed space within a building, including adjacent connected spaces separated by an uninsulated component (e.g., basements, utility rooms, garages, corridors) which:

(a) Is heated but not cooled, and has an installed heating system output capacity greater than or equal to 3.4 Btu/(h-ft2) but not greater than 8 Btu/(h-ft2);

(b) Is not a walk-in cooler, walk-in freezer, refrigerated warehouse cooler or refrigerated warehouse freezer space.

Service life: See useful life.

Simple payback (years): The estimated incremental initial cost of an EEM divided by the estimated incremental annual cost savings of the measure expressed in years. The cost savings may include energy cost savings and incremental routine operations and maintenance costs or savings. The simple payback calculation shall be in accordance with NIST Handbook 135, Section 6.4.4, Equation 6-13.

State campus district energy system: A district energy system that provides heating, cooling, or heating and cooling to a campus through a distributed system providing steam, hot water, or cool water to five or more buildings with more than 100,000 square feet of combined conditioned space, where the system and all buildings connected to the system are owned by:

(a) The state of Washington; or

(b) A public-private partnership including one public buildings owner and one private entity.

State equipment standards: Appliance and equipment standards listed in chapter 19.260 RCW, Energy efficiency.

Tier 1 covered building: A building where the sum of nonresidential, hotel, motel, and dormitory floor areas exceeds 50,000 gross square feet, excluding the parking garage area.

Tier 2 covered building: A building where the sum of multifamily residential, nonresidential, hotel, motel, and dormitory floor areas exceeds 20,000 gross square feet, but does not exceed 50,000 gross square feet, excluding the parking garage area. Tier 2 covered buildings also include multifamily residential buildings where floor areas are equal to or exceed 50,000 gross square feet, excluding the parking garage area.

Useful life: The expected service life of building systems or equipment as published by the AHJ. For EEMs not included, the qualified energy auditor will be responsible for determining useful life. For building systems or equipment newly installed see expected useful life (EUL). Or for existing building systems or equipment see remaining useful life (RUL). Used interchangeably with service life.

Weather normalized: A method for modifying the measured building energy use in a specific weather year to energy use under normal weather conditions.

Weather normalized energy use intensity (WNEUI): Measurement that normalizes a building's site energy use relative to its size based on the buildings weather normalized site energy use. A building's energy use intensity is calculated by dividing the total net weather normalized energy consumed in one year by the gross floor area of the building, excluding the parking garage. Weather normalized energy use intensity is reported as a value of 1,000 British thermal units per square foot per year.

3.2 Common abbreviations and acronyms

AEE Association of Energy Engineers.

AHJauthority having jurisdiction.

DDCdirect digital control.

EEMenergy efficiency measure.

EMenergy manager.

EMP energy management plan.

EUIenergy use intensity.

EUItenergy use intensity target.

EULexpected useful life.

GFA gross floor area.

IRRinternal rate of return.

LCCA life-cycle cost analysis.

O&M operations and maintenance.

QEAqualified energy auditor.

QEMqualified energy manager.

QPqualified person.

RULremaining useful life.

WSECWashington State Energy Code.

WNEUIWeather normalized energy use intensity.

History

Statutory Authority: RCW 19.27A.210 and 19.27A.250. WSR 26-15-112, s 194-50-030, filed 7/21/26, effective 8/21/26. Statutory Authority: RCW 19.27A.210. WSR 24-16-041, § 194-50-030, filed 7/30/24, effective 8/30/24. Statutory Authority: RCW 19.27A.210 and 19.27A.250. WSR 24-03-033, § 194-50-030, filed 1/8/24, effective 2/8/24. Statutory Authority: RCW 19.27A.210. WSR 20-22-059, § 194-50-030, filed 10/30/20, effective 11/30/20.

Wash. Admin. Code § 194-50-040 ASHRAE Standard 100, 2018—Section 4—Compliance requirements.

WAC 194-50-040

4.1 Building type requirements.

4.1.1 Nonresidential building.

4.1.1.1 A covered building or complex of covered buildings, except a building demonstrating compliance through exemption, shall comply with the requirements of Sections 4.2 and 4.3.1.

4.1.1.2Tier 1 covered buildings. The qualified person determining compliance shall:

Determine whether or not the building seeking compliance has an energy use intensity target (EUIt) according to Section 7;
Establish the energy use intensity target (EUIt) according to Section 7;
Meet requirements of one of the following Sections 4.3.2, 4.3.3, 4.3.4, or 4.3.5; and
Submit forms as specified in Normative Annex Z to the AHJ.

4.1.1.3Tier 2 covered buildings. The qualified energy manager submitting compliance documents shall:

Determine whether or not the building seeking compliance has an energy use intensity target (EUIt) according to Section 7;
Establish the energy use intensity target (EUIt) according to Section 7; and
Submit forms as specified in Normative Annex Y to the AHJ.

4.1.2 Residential building.

4.1.2.1 A multifamily residential building or complex of multifamily residential buildings, except a building demonstrating compliance through exemption, shall comply with the requirements of Sections 4.2 and 4.3.1.

4.1.2.2Tier 2 covered buildings. The qualified energy manager submitting compliance documents shall:

Determine whether or not the building seeking compliance has an energy use intensity target (EUIt) according to Section 7;
Establish the energy use intensity target (EUIt) according to Section 7; and
Submit forms as specified in Normative Annex Y to the AHJ.

4.1.3 Buildings with residential and nonresidential activities - Not adopted.

4.1.4 District energy systems decarbonization.

4.1.4.1Participating campuses shall comply with the requirements of Sections 4.2 and 4.3.1.

4.1.4.2 Participating campuses. The qualified person determining compliance shall:

Determine whether or not the campus seeking compliance has an energy use intensity target (EUIt) according to Section 7;
Establish the energy use intensity target (EUIt) according to Section 7;
Meet requirements of Section 4.3.2 or 4.3.3;
Submit forms in accordance with Normative Annex W to the AHJ; and
Submit decarbonization plan as specified in Normative Annex W to the AHJ.

4.2 Energy management plan and operations and maintenance program.

4.2.1 Operations and maintenance. The building manager shall comply with the operations and maintenance (O&M) requirements of Section 6.

4.2.1.1 Tier 1 covered buildings. The qualified person determining compliance shall state in writing on Form A that the operating and maintenance requirements of Section 6 have been met.

4.2.1.2 Tier 2 covered buildings. The qualified energy manager submitting compliance documents shall state in writing on Form A that the operating and maintenance requirements of Section 6 have been met.

4.2.1.3 Grouped buildings. The qualified person determining compliance for grouped buildings, or the qualified energy manager submitting compliance documents for Tier 2 covered group buildings, shall state in writing on Form J, that the operating and maintenance requirements of Section 6 have been met. When using the graduated group compliance dates, the O&M program shall be implemented by building size cohort in accordance with:

Section Z3.2 for Tier 1 covered buildings;
Section Y3.2 for Tier 2 covered buildings; and
For participating campuses by July 1, 2030, for buildings not covered and connected to the district energy system.

4.2.1.4 Grouped buildings. The qualified person determining compliance for grouped buildings, or the qualified energy manager submitting compliance documents for Tier 2 covered group buildings, may submit a single O&M program. The O&M program implemented for participating campuses through a decarbonization plan shall include all campus buildings. The O&M program implemented at a connected building or campus-level shall include all covered buildings.

4.2.2 Energy management plan. The building manager shall comply with the energy management plan (EMP) requirements of Section 5.

4.2.2.1 Tier 1 covered buildings. The qualified person determining compliance shall state in writing on Form A that the EMP described in Section 5 has been developed and is being maintained as of the date on Form A.

4.2.2.2 Tier 2 covered buildings. The qualified energy manager submitting compliance documents shall state in writing on Form A that the EMP described in Section 5 has been developed and is being maintained as of the date on Form A.

4.2.2.3 Grouped buildings. The qualified person determining compliance for grouped buildings, or the qualified energy manager submitting compliance documents for Tier 2 covered group buildings, shall state in writing on Form J, that the EMP described in Section 5 has been developed and is being maintained as of the date on Form J.

4.2.2.4 Grouped buildings. The qualified person determining compliance for grouped buildings, or the qualified energy manager submitting compliance documents for Tier 2 covered group buildings, may submit a single EMP. The EMP implemented for participating campuses through a decarbonization plan shall include all campus buildings. The EMP implemented at a connected building or campus-level shall include all covered buildings.

4.3 Building performance.

4.3.1 Measured EUI and developed EUIt.

4.3.1.1Measured energy use intensity (EUI). The qualified person for Tier 1 covered buildings, or the qualified energy manager for Tier 2 covered buildings, shall calculate the building's measured energy use intensity (EUI) by completing Form C in accordance with Section 5.2. Buildings unable to meet Section 5.2 shall include the verification specified in Section 9.2.2 in the energy management plan.

4.3.1.2Developed energy use intensity target (EUIt). The qualified person for Tier 1 covered buildings, or the qualified energy manager for Tier 2 covered buildings, shall develop the building's energy use intensity target (EUIt) by completing Form B in accordance with Section 7.2. Buildings unable to meet Section 7.2, and develop the EUIt in accordance with Section 7.2.2 or 7.2.3 of this standard shall report Energy Star portfolio manager national median site EUI.

4.3.2Meeting the energy use intensity target (EUIt). If the Tier 1 covered building's measured weather normalized energy use intensity (WNEUI) is less than or equal to its energy use intensity target (EUIt), the building complies.

4.3.2.1Building does not meet the energy use intensity target (EUIt). For Tier 1 covered building'spursuing compliance with Section 4.3.2, if the measured WNEUI is greater than the EUIt, a qualified energy auditor shall complete an energy audit according to Section 8, and EEMs that will reduce energy use to meet the EUIt shall be implemented according to Section 9.

Exceptions to 4.3.2.1:

More recently built buildings. For buildings that exceed the energy use intensity target (EUIt) developed in accordance with Section 7.2.1.2, "Additional target for more recently built buildings," but do not exceed the EUIt developed in accordance with Section 7.2.1.1, "Energy use intensity target (EUIt)," the owner may demonstrate compliance by recommissioning the building using the existing-building commissioning process. The commissioning process consists of the following:

a. A certified commissioning provider shall implement the building commissioning process specified by the most recent edition of the Washington State Energy Code (WSEC). The WSEC commissioning process shall be modified by the certified commissioning provider for recommissioning purposes as described in ASHRAE Guideline 0.2-2015 Commissioning Process for Existing Systems and Assemblies and ASHRAE Guideline 1.2-2019 Technical Requirements for the Commissioning Process for Existing HVAC&R Systems and Assemblies. Buildings receiving certificate of occupancy from a local jurisdiction within two years prior to the compliance date may submit the commissioning report approved by the local code official for the purpose of WSEC compliance requirements in lieu of recommissioning.

b. WSEC exceptions based on mechanical system or service water heating capacity shall not be applied when developing the scope for commissioning. For example, the 2018 WSEC, Section C408.1 General, the exceptions do not apply.

c. All deficiencies found during the commissioning process shall be resolved including corrections and retesting prior to submitting documentation for compliance or conditional compliance.

d. Building owners may omit capital expenditures identified by the commissioning process that are not cost-effective, as documented using the procedures in Normative Annex X.

e. Buildings seeking compliance by recommissioning shall submit a recommissioning report as specified by the AHJ. The WSEC commissioning report approved by a local code official within two years prior to the compliance date will suffice for the documentation of recommissioning.

Historical buildings. No individual requirement need be met that would compromise the historical integrity of a building or part of a building designated by a government body for long-term preservation in its existing state, such as historical monuments. EEMs that can be implemented without modifying historical parts of the building shall be implemented as required by this standard. Documentation of historic significance must be provided to the AHJ by submitting Form G in accordance with Normative Annex Z.
Newly constructed buildings.Buildings built within five years prior to the compliance date, which complete the commissioning requirements of Section 4.3.2.1, Exception 1.

4.3.2.2 Meeting the EUIt through conditional compliance. Upon completion of all required EEMs implementation, completion of the energy management plan (EMP), and implementation of the operations and maintenance (O&M) program, in accordance with Section Z4.4, a building shall be eligible for conditional compliance which provides delayed verification of compliance.

4.3.2.3 Verification of compliance (meeting the EUIt through conditional compliance). Within 15 months after the completion of Section 4.3.2.1, the weather normalized energy use intensity (WNEUI) shall be recalculated by the energy manager (EM) from 12 consecutive months of measured energy use, and Form A shall be resubmitted to the AHJ. If the building's measured post-implementation WNEUI is less than or equal to the energy use intensity target (EUIt), the building complies with the standard. If the building's measured post-implementation WNEUI is greater than the EUIt, the building does not comply with the standard and the conditional compliance is suspended until either of the following:

a. Submit annual report, in accordance with Section Z4.6 documenting the intent to comply and identifying the additional EEMs implemented that will reduce the subsequently measured WNEUI to less than or equal to the EUIt; or

b. The AHJ revokes conditional compliance.

4.3.3Investment criteria. If the Tier 1 covered building's energy savings, as measured after energy efficiency measures (EEM) implementation, meets or exceeds 75 percent of the optimized bundle projected energy savings, aligning with the energy audit report, the building complies.

4.3.3.1 Energy audit to identify optimized bundle of EEMs.Tier 1 covered building's pursuing compliance with Section 4.3.3, a qualified energy auditor shall conduct an energy audit according to Section 8, and the optimized bundle of EEMs shall be identified according to Section 9.1.1.1.

Exception to 4.3.3.1:Buildings built within five years prior to the compliance date, which complete the commissioning requirements of Section 4.3.2.1, Exception 1.

4.3.3.2 Implement EEMs. The entire optimized bundle of EEMs identified, all EEMs identified with a simple payback, or custom bundle of EEMs shall be implemented, and verification of compliance shall be completed. Buildings with no energy efficiency measures (EEMs) identified in the Level 2 energy audit which have a simple payback period less than or equal to the EEM's expected useful life shall document the simple payback calculation in Form D - Audit Template (and in the EMP), provide a reason statement in application submittal.

Exceptions to 4.3.3.2:

Conditional compliance. If verification of compliance is not achieved in accordance with Section 4.3.3.3 or 4.3.3.4 by the compliance date, upon completion of the EEM implementation in accordance with Section 9.1.1.1, completion of the energy management plan (EMP), and implementation of the operations and maintenance (O&M) program, in accordance with Section Z4.5, a building shall be eligible for conditional compliance delaying verification of compliance in accordance with Section 4.3.3.5.
Historical buildings. No individual requirement need be met that would compromise the historical integrity of a building or part of a building designated by a government body for long-term preservation in its existing state, such as historical monuments. Documentation of historic significance must be provided to the AHJ by submitting Form G in accordance with Normative Annex Z.

4.3.3.3 Verification of compliance (investment criteria for buildings with building energy monitoring in compliance with Section 5.2). If the building complies with Section 4.2 prior to the compliance date, after completion of the EEM implementation, building owners or the qualified person representing the building owner shall submit verification that the energy savings, as measured after EEM implementation, meets or exceeds 75 percent of the optimized bundle projected energy savings, aligning with the energy audit report, and submitted to the AHJ in accordance with Section Z4.3. Energy savings shall be compared at the whole-building consumption level in common units for electricity, fossil fuels, and other sources.

4.3.3.4 Verification of compliance (investment criteria for buildings without building energy monitoring in compliance with Section 5.2). Verification of energy savings using the methods of the International Performance Measurement & Verification Protocol, (IPMVP) Concepts and Options for Determining Energy and Water Savings, Volume I, Options A through D. If the measurement and verification protocol identified any outstanding performance issues, they shall be corrected, and the verification protocol shall be repeated to ensure energy savings estimated in the original audit are realized.

4.3.3.5 Verification of compliance (investment criteria through conditional compliance). If the building complies with Section 4.2, then within 15 months following the completion of the EEM implementation, building owners with conditional compliance or the qualified person representing the building owner may submit verification that the energy savings, as measured after EEM implementation, meets or exceeds 75 percent of the optimized bundle projected energy savings aligning with the energy audit report, and submitted to the AHJ in accordance with Section Z4.5. Energy savings shall be compared at the whole-building consumption level in common units for electricity, fossil fuels, and other sources. If the energy savings, as measured after EEM implementation do not meet or exceed 75 percent of the optimized bundle projected energy savings, or align with the energy audit, the conditional compliance is suspended until one of the following:

Submit annual report, in accordance with Section Z4.6 documenting the intent to comply and identifying the additional cost-effective EEMs implemented that will reduce the subsequently measured energy savings of the package of EEMs so that it meets or exceeds 75 percent of the optimized bundle projected energy savings, aligning with the energy audit; or
Demonstrate compliance by recommissioning the building using the existing building commissioning process. The commissioning process consists of the following:

a. A certified commissioning provider shall implement the building commissioning process specified by the most recent edition of the Washington State Energy Code (WSEC). The WSEC commissioning process shall be modified by the certified commissioning provider for recommissioning purposes as described in ASHRAE Guideline 0.2-2015, Commissioning Process for Existing Systems and Assemblies, and ASHRAE Guideline 1.2-2019, Technical Requirements for the Commissioning Process for Existing HVAC&R Systems and Assemblies. Buildings receiving certificate of occupancy from a local jurisdiction within two years prior to the compliance date may submit a commissioning report approved by a local code official in lieu of recommissioning.

b. WSEC exceptions based on mechanical system or service water heating capacity shall not be applied when developing the scope for commissioning. For example, for the 2018 WSEC, Section C408.1, "General," the exceptions do not apply.

c. All deficiencies found during the commissioning process shall be resolved, including corrections and retesting prior to submitting documentation for compliance or conditional compliance.

d. Building owners may omit capital expenditures identified by the commissioning process that are not cost-effective, as documented using the procedures in Normative Annex X.

Verification of energy savings using the methods of the International Performance Measurement & Verification Protocol, Concepts and Options for Determining Energy and Water Savings Volume I, options A through D. If the measurement and verification protocol identified any outstanding performance issues, they shall be corrected and the verification protocol shall be repeated to ensure energy savings estimated in the original audit are realized; or
The AHJ revokes conditional compliance.

4.3.4 Minimum energy use reduction. If a Tier 1 covered building's measured weather normalized energy use intensity (WNEUI) is reduced a minimum of 15 percent from the baseline WNEUI, the building complies:

For the first compliance schedule outlined in Section Z3.2, a building's baseline WNEUI shall be measured from 12 consecutive months of data monitored in a period not to exceed five years prior to the building's scheduled compliance date.
For subsequent compliance cycles, the measured WNEUI on Form A from the building's most recent approved compliance application, or other documentation as approved by the AHJ, shall serve as the baseline WNEUI.
For buildings with a change of building activity type since the previous compliance cycle, baseline WNEUI shall be measured from 12 consecutive months of data monitored in a period within the updated building activity types.

4.3.4.1 A qualified energy auditor shall conduct an energy audit according to Section 8, and EEMs that will reduce energy use to meet the performance target shall be implemented according to Section 9.

| Note: | Compliance through Section 4.3.4 expires after the 2046 - 2048 compliance cycle. | | --- | --- |

4.3.5 Space heating electrification. If a Tier 1 covered building replaces existing fossil fuel consuming space conditioning equipment with electric heat pump equipment, within five years prior to the building's compliance date, the building complies:

A qualified person shall demonstrate the space heating electrification performance target has been met in accordance with Form E.
Space heating heat pump(s) shall, at minimum, be designed to meet 90 percent of the building's annual space heating demand.
Fossil fuel or electric resistance space heating sources may accommodate for emergency and supplemental space heating for a maximum of 10 percent of the building's annual space heating demand.

4.3.5.1Buildings that implement space heating electrification are not required to perform an energy audit.

| Note: | Use of Section 4.3.5 compliance pathway is valid for only one compliance cycle. The space heating electrification compliance pathway is not valid for the following building activity types as referenced in Table 7-1: #96 Supermarket/Grocery Store, #100 Data Center, and #113 Cold Storage/Refrigerated Warehouse, unless the estimated energy savings directly attributed to space heating electrification is projected to be greater than 10 EUI. | | --- | --- |

4.4 General.

4.4.1 Administrative requirements.Building owners shall demonstrate compliance with the standard by following the administrative requirements in Normative Annex Z for Tier 1 covered buildings or Normative Annex Y for Tier 2 covered buildings, including:

• Z2/Y2 "Building owner response to notifications."

• Z3/Y3 "Washington state reporting requirements for building owners."

• Z4/Y4 "Documentation of compliance with the standard."

• Z5/Y5 "Violations, assessment of administrative penalties, mitigation and review of penalty decisions."

• Z6/Y6 "Compliance forms."

• Z7/Y7 "Section 7 tables as modified by Washington state."

4.4.2 Alternative energy targets (EUIt) - Not adopted.

History

Statutory Authority: RCW 19.27A.210 and 19.27A.250. WSR 26-15-112, s 194-50-040, filed 7/21/26, effective 8/21/26. Statutory Authority: RCW 19.27A.210. WSR 24-16-041, § 194-50-040, filed 7/30/24, effective 8/30/24. Statutory Authority: RCW 19.27A.210 and 19.27A.250. WSR 24-03-033, § 194-50-040, filed 1/8/24, effective 2/8/24. Statutory Authority: RCW 19.27A.210. WSR 20-22-059, § 194-50-040, filed 10/30/20, effective 11/30/20.

Wash. Admin. Code § 194-50-050 ASHRAE Standard 100, 2018—Section 5—Energy management plan.

WAC 194-50-050

Exception to 5.1.1 - Not adopted.

5.1.2.1 Energy accounting in accordance with Section 5.2.

5.1.2.2 In the initial year of compliance, the building's weather normalized energy use intensity (WNEUI) and energy use intensity (EUI).

5.1.2.3 Annual updates of the net energy use, WNEUI and EUI.

5.1.2.4 Annual comparison of the net WNEUI and EUI to the EUIt.

5.1.2.5 Documentation of original, current, and changes in number of occupants, weekly operating hours, or time of day scheduled for occupancy, production rates, and energy using equipment that would have caused change in the measured WNEUI and EUI.

Exceptions to 5.1.2.12:

Buildings and grouped buildings that meet the EUIt.
Buildings that have implemented a utility program lighting upgrade covering 75 percent of the building's GFA, within the previous five years, can use the lighting schedule provided by the utility program.
Tier 2 covered buildings.
Buildings not meeting the definition of covered building.

5.1.2.13 The current lighting satisfaction survey and lighting checklist as described in Appendix D of Performance Measurement Protocols for Commercial Buildings1 or as approved by the AHJ.

Exceptions to 5.1.2.13:

Buildings and grouped buildings that meet the EUIt.
Buildings that have implemented a utility program lighting upgrade covering 75 percent of the building's GFA through a utility program within the previous five years.
Tier 2 covered buildings.
Buildings not meeting the definition of covered building.

5.1.2.14 Operations and Maintenance Plan including:

An operations and maintenance (O&M) program as defined in Section 6.
An O&M implementation plan as specified in Normative Annex L.
Implementation documentation as specified in L2.2.5 Documentation.

5.1.3 The EM shall provide access to the energy management plan to the building occupants annually.

5.2.1 Provide measured net energyuse data for each covered building, including all forms of imported and exported energy. Energy generated and used from renewable on-site energy systems does not need to be included. The data shall be from at least 12 consecutive months of data monitored in a period not to exceed two years prior to the compliance date. The net energy concept is illustrated in Figure 5-1, Table 5-1, Table 5-2 and is calculated in accordance with Section 5.2.4 as follows:

Building net energy use = (1a + 1b + 1c + 1d) - (3a + 3b + 3c + 3d + 3e)

Where 1a, 1b, 1c, and 1d are metered energy supplies that are used in the building (this includes bulk energy sources), and 3a, 3b, 3c, 3d, and 3e are metered energy excesses that are supplied to another building or grid as useful energy.

Table 5-1 Energy Flow Definitions

| Energy Delivered to Building | Building Renewable Energy Production | Energy Exported from Building for Beneficial Use | | --- | --- | --- | | 1a. Electrical | 2a. Electrical | 3a. Excess solar thermal | | 1b. Gas | 2b. Thermal | 3b. Excess solar or wind electrical | | 1c. Steam/hot-water (HW)/chilled and hot water (CHW) | 2c. Waste heat | 3c. Excess or recovered thermal energy | | 1d. Bulk fuel (coal/biomass/propane/oil) | | 3d. Excess co-gen electrical | | | | 3e. Excess co-gen thermal |

Table 5-2 Campus Energy Flow Definitions

| Energy Input in to District Energy System(s) | Energy Delivered to Buildings (other than from District Energy System(s)) | Campus Renewable Energy Production | Energy Exported from Campus for Beneficial Use | | --- | --- | --- | --- | | 1a. Electrical | 2a. Electrical | 3a. Electrical | 4a. Excess solar thermal | | 1b. Gas | 2b. Gas | 3b. Thermal | 4b. Excess solar or wind electrical | | 1c. Bulk fuel | 2c. Bulk fuel (coal/biomass/propane/oil) | 3c. Waste heat | 4c. Excess or recovered thermal energy | | | | | 4d. Excess co-gen electrical | | | | | 4e. Excess co-gen thermal |

5.2.1.1End use deductions. Where submetered from a building's meter, the following end use energy consumption may be deducted from the building's measured net energy use:

Electric vehicle charging equipment that transfers electricity to batteries or other energy storage devices in electric vehicles.
Electric loads related to broadcast antennas, on-site cell phone towers or other communications equipment that is unrelated to the primary purpose of the building.
The AHJ may add additional end use deductions where energy use does not support building functions.

5.2.1.2 Connected buildings. Where energy use is not monitored at the covered building level:

Tier 1 covered buildings: Net energy use data may be provided at the connected building level.
Tier 2 covered buildings: Net energy use data shall be provided at the connected building level.

5.2.1.3 Campuses. Campuses with district energy systems use the campus net energy use outlined in Table 5-2. Provide measured net energy use data for the campus including all forms of imported and exported energy from at least 12 consecutive months of data monitored in a period not to exceed two years prior to the efficiency audit. Provide measured energy on the input side of the district energy system and include net energy use data for each covered building. Campus net energy use is calculated as follows:

Campus net energy use = (1a + 1b + 1c + 2a + 2b + 2c) - (4a + 4b + 4c + 4d + 4e)

5.2.1.4 Decarbonization plan. Participating campuses' net energy use data shall include all buildings on the campus. Thermal energy for the campus shall be measured at the input side of the district energy system.

5.2.2 Energy use data for each type of energy imported into and exported from the building shall be collected from utility or energy delivery bills (that must include the quantity of energy or fuel delivered) or by monitoring local energy meters (either utility or owner-provided meters). Upon the written authorization or secure electronic authorization of a building owner or operator, a utility shall either upload the energy consumption data or provide consumption data in an electronic document formatted for direct upload to Energy Star portfolio manager. For any covered building with tenants, an electric or gas utility must, upon request of the building owner, provide the building owner with the energy consumption data or aggregated monthly energy consumption data without requiring prior consent from tenants. For more information, see RCW 19.27A.170. Owner-provided energy meters shall meet the metering accuracy, tolerances and testing requirements of Title 480 WAC or WAC 51-11C-40904 (Section C409.4 of the WSEC).

5.2.3 Energy conversion factors. The site energy content of different forms of purchased energy shall be converted from the purchased unit to the standard site energy unit using the conversion factors incorporated in Energy Star portfolio manager.

5.2.4 The energy accounting system shall be Energy Star Portfolio Manager as specified in Normative Annex Z.

5.2.4.1 - Not adopted.

5.2.4.2 - Not adopted.

5.2.4.3 - Not adopted.

Table 5-2a Site Energy Conversion Factors - Table not adopted.

Table 5-2b Primary Energy Conversion Factors - Table not adopted.

History

Statutory Authority: RCW 19.27A.210 and 19.27A.250. WSR 26-15-112, s 194-50-050, filed 7/21/26, effective 8/21/26. Statutory Authority: RCW 19.27A.210. WSR 24-16-041, § 194-50-050, filed 7/30/24, effective 8/30/24. Statutory Authority: RCW 19.27A.210 and 19.27A.250. WSR 24-03-033, § 194-50-050, filed 1/8/24, effective 2/8/24. Statutory Authority: RCW 19.27A.210. WSR 20-22-059, § 194-50-050, filed 10/30/20, effective 11/30/20.

Wash. Admin. Code § 194-50-060 ASHRAE Standard 100, 2018—Section 6—Operations and maintenance requirements.

WAC 194-50-060

6.3 Operation and maintenance (O&M) Implementation. The O&M program shall be implemented in accordance with Normative Annex L.

Exception to 6.3: O&M programs developed and implemented by the building's serving utility or local government and approved as equivalent or more stringent by the AHJ may be used as an alternative to the requirement in Section 6.3. Where local government programs are more stringent than applicable utility programs, local government programs shall be selected over utility programs.

6.5 Tenant improvements. The energy manager (EM) shall consider implementing a formal process to ensure that any tenant improvements involving a change in space use or the relocation of partitions (including partial height partitions) do not change the annual net energy use except to the extent that the annual net energy use change (increase or decrease) is consistent with any change in the building's energy use intensity target (EUIt).

6.6.1 When HVAC, domestic hot-water heating, or refrigeration equipment or appliances are replaced, the replacement equipment shall meet all applicable energy efficiency requirements in the federal equipment standards, state equipment standards, and the applicable building code.

Exception to 6.6.1 - Not adopted.

6.6.2.1 When lighting equipment is replaced, the replacement equipment shall meet all applicable energy efficiency requirements in the federal equipment standards, state equipment standards and in the applicable building code. Implementation of more efficient equipment shall be evaluated and included as specified for the capital management plan, Section 5.1.2.10.

Exception to 6.6.2.2: The existing installed lighting power may proportionally increase when the current light levels are below those recommended in the IES Lighting Handbook 4 or latest version of the Washington State Energy Code.

History

Statutory Authority: RCW 19.27A.210 and 19.27A.250. WSR 26-15-112, s 194-50-060, filed 7/21/26, effective 8/21/26. Statutory Authority: RCW 19.27A.210. WSR 24-16-041, § 194-50-060, filed 7/30/24, effective 8/30/24. Statutory Authority: RCW 19.27A.210 and 19.27A.250. WSR 24-03-033, § 194-50-060, filed 1/8/24, effective 2/8/24. Statutory Authority: RCW 19.27A.210. WSR 20-22-059, § 194-50-060, filed 10/30/20, effective 11/30/20.

Wash. Admin. Code § 194-50-070 ASHRAE Standard 100, 2018—Section 7—Energy use analysis and target requirements.

WAC 194-50-070

7.1 Building activity type and energy targets.

7.1.1 Building activity type.Buildings are divided into activity types as shown in Table 7-1 Normative Annex Z. Building activity types are defined by the AHJ in Table 7-4.

7.1.2 Energy targets.Energy targets for each building activity type are listed in Table 7.2a, Normative Annex Z. These energy targets will be periodically reevaluated and may be modified for future compliance cycles.

7.1.3 Building operating shifts normalization factors.Building operating shifts normalization factors for each building activity type are listed in Table 7-3, Normative Annex Z.

7.2.1Determining energy use intensity target (EUIt).Tier 1 covered buildings the qualified person or Tier 2 covered building the qualified energy manager shall determine the energy use intensity target (EUIt) according to Section 7.2.2 for single-type/activity buildings and Section 7.2.3 for mixed-use buildings, and shall complete Form B.

7.2.1.1 Energy use intensity target (EUIt). The energy use intensity target (EUIt) shall be determined according to Section 7.2.2 for single-type/activity buildings and Section 7.2.3 for mixed-use buildings, and submitted on Form B.

| Note: | Buildings in participating campuses pursuing compliance through Normative Annex W, or at the connected building or campus-level shall determine the EUIt as an area weighted aggregate of building-level EUIt. Development of the EUIt shall not include nontarget buildings. | | --- | --- |

Exceptions to 7.2.1.1:

Covered buildings unable to develop EUIt in accordance with Section 7.2.2 or 7.2.3 of this standard shall report Energy Star portfolio manager national median site EUI.
EUIt programs developed and implemented by the building's local government and approved as equivalent or more stringent by the AHJ may be used as an alternative to the requirement in Section 7.2.1.1.

7.2.1.2 Additional target for more recently built buildings: The EUIt values for a more recently built building (or addition), calculated in accordance with Section 7.2.1, shall be reduced by 15 percent for all floor area meeting the definition of more recently built buildings. This shall be the building EUIt and shall be included on Form B.

7.2.2Single building activity type.Energy use intensity targets (EUIt) for buildings with a single activity shall be calculated as follows:

| (EUIt) | = | S × (EUIt1) | | --- | --- | --- |

where (EUIt1) is the building activity energy target value in Table 7-2a for the appropriate building activities/types and climate, and S is the building operating shifts normalization factor in Table 7-3.

7.2.3Mixed-use building activity type.Energy use intensity targets (EUIt) for buildings with multiple activities shall be determined using weighted averages of building activity energy target for each area with a single activity, per the following equation, and reported on Normative Annex C Form B:

| EUIt | = | (A × S × EUIt1)1 + (A × S × EUIt1)2 + ... + (A × S × EUIt1)i + ... + (A × S × EUIt1)n | | --- | --- | --- |

| Where: | | | | --- | --- | --- | | (A)i | = | percentage of the gross floor area with single building activity i | | (EUIt1)i | = | building activity energy target from Table 7-2a for space i | | (S)i | = | operating shifts normalization factor from Table 7-3 for space i | | (A × S × EUIt1)i | = | the weighted space EUI target for space i |

Exceptions to 7.2.3: The energy use intensity target (EUIt) of a building may be modified using the following exceptions. These exceptions shall not be applied at the grouped building level. To develop the EUIt for grouped buildings, apply the exceptions at the building-level, then calculate the weighted average EUIt for the grouped buildings. None of these exceptions may be used to change the total gross floor area or the building tier designation as it applies to Tier 1 covered buildings in Section Z3.2 Compliance schedule or Tier 2 covered building in Y3.2 Compliance schedule.

Majority of building is single-use: Spaces where more than 75 percent of the gross floor area has a single building activity type listed in Table 7-1 shall be reported as a single-use building or as a multiuse building in accordance with either Section 7.2.2 or Section 7.2.3.
Similar building activity types: Spaces less than 10 percent of the gross floor area with building activity type listed in Table 7-1 can combine their floor area with the floor area within the building that has a similar building activity type and similar EUIt as determined by the qualified person (or Tier 2 covered buildings, the qualified energy manager).
Nontarget spaces 10 percent:Nontarget spaces in buildings with multiple activities can be excluded from building energy target calculations if the nontarget spaces total combined area ΣAnontarget comprise less than 10 percent of the building gross floor area Agross and both:

a. Energy use of such space is metered separately.

b. Nontarget spaces comply with Section 4.1 Building type requirements and Section 4.2 Energy management plan and operations and maintenance program.

The EUIt for the remaining part of the building shall be calculated after deducting the floor area of the nontarget spaces from the building gross floor area (Agross-ΣAnontarget). Nontarget spaces shall be limited to the floor area occupied by the nontarget activity and shall not include supporting spaces such as corridors, common areas or other building activity types listed in Table 7-1.

Nontarget spaces 50 percent:Nontarget spaces in buildings with multiple activities can be excluded from buildingEUIt calculations if the nontarget spaces total combined area ΣAnontarget comprise less than 50 percent of the building gross floor area Agross and both:

a. Energy use of such space is metered separately.

b. Nontarget spaces comply with Section 4.1 Building type requirements, Section 4.2 Energy management plan and operations and maintenance program, Section 4.3.1.1 Measured energy use intensity (EUI), and one of the following: Section 4.3.3 Investment criteria, Section 4.3.4 Minimum energy use reduction, or Section 4.3.5 Space heating electrification.

Nontarget buildings in grouped buildings:Nontarget buildings within grouped buildings shall:

a. Be metered separately and not included in the EUIt development.

b. Nontarget buildings shall comply with Section 4.1 Building type requirements, Section 4.2 Energy management plan and operations and maintenance program, Section 4.3.1.1 Measured energy use intensity (EUI), and one of the following: Section 4.3.3 Investment criteria, Section 4.3.4 Minimum energy use reduction, or Section 4.3.5 Space heating electrification. Or separately from the group, the nontarget building may comply through exemption, in accordance with Section Z4.1 Documentation of compliance through exemption, as applicable.

The EUIt for the remaining grouped buildings shall be calculated after deducting the floor area of the nontarget buildings from the grouped building gross floor area (Agross ΣAnontarget).

7.2.4 Energy targets for vacant and partially vacant buildings.

Exception to 7.2.4 Vacant and partially vacant buildings: If the building did not have physical occupancy by owner or tenant for at least 50 percent of the conditioned floor area throughout the consecutive 12-month period prior to the building compliance date, the building owner may apply for an exemption as specified in Normative Annex Z.

7.2.4.1 Vacant space - use unchanged: The energy use intensity target (EUIt) for vacant spaces shall be based on its prevacancy building activity type energy target if the intended use of the building will be unchanged.

7.2.4.2 Vacant space - unconditioned: The total floor area of a nonheated, noncooled, and nonilluminated vacant part of a building shall be excluded from the gross floor area in the EUIt calculation. The EUIt is based on the building activity type of the remaining square footage as described in Section 7.2.3. This allowance may not be used to change the total gross floor area as it applies to Normative Annex Z, Section Z3.2 Compliance schedule.

7.2.4.3 Vacant space - conditioned: If the vacant part of a building is heated and/or cooled, and the building energy use data for a consecutive 12-month period when the building was occupied within two years prior to the compliance date is not available, the vacant space shall be included in the gross floor area, and the energy use intensity target (EUIt) for the vacant space shall be determined based on Section 7.2.4.1.

Table 7-1 Building Activity Types/Activities

Table 7-1 adopted as modified and published in Section Z7

Table 7-2a Building Activity Site Energy Targets (EUIt1) (I-P Units)

Table 7-2a adopted as modified and published in Section Z7

Table 7-2a Building Activity Site Energy Targets (EUIt1) (SI Units) - Not adopted

Table 7-2b Building Activity Source Energy Targets (EUIt1) (I-P Units) - Not adopted

Table 7-2b Building Activity Source Energy Targets (EUIt1) (SI Units) - Not adopted

Table 7-2c Building Activity Electricity Site Energy Use Targets (ELUIt1) (I-P Units) - Not adopted

Table 7-2c Building Activity Electricity Site Energy Use Targets (ELUIt1) (SI Units) - Not adopted

Table 7-2d Building Activity Fossil Fuel Site Energy Use Targets (FEUIt1) (I-P Units) - Not adopted

Table 7-2d Building Activity Fossil Fuel Site Energy Use Targets (FEUIt1) (SI Units) - Not adopted

Table 7-3 Building Operating Shifts Normalization Factor

Table 7-3 adopted as modified in Section Z7

Table 7-4 Building Activity Type Definitions Table

History

Statutory Authority: RCW 19.27A.210 and 19.27A.250. WSR 26-15-112, s 194-50-070, filed 7/21/26, effective 8/21/26. Statutory Authority: RCW 19.27A.210. WSR 24-16-041, § 194-50-070, filed 7/30/24, effective 8/30/24. Statutory Authority: RCW 19.27A.210 and 19.27A.250. WSR 24-03-033, § 194-50-070, filed 1/8/24, effective 2/8/24. Statutory Authority: RCW 19.27A.210. WSR 20-22-059, § 194-50-070, filed 10/30/20, effective 11/30/20.

Wash. Admin. Code § 194-50-080 ASHRAE Standard 100, 2018—Section 8—Energy Audit Requirements.

WAC 194-50-080

History

Statutory Authority: RCW 19.27A.210 and 19.27A.250. WSR 26-15-112, s 194-50-080, filed 7/21/26, effective 8/21/26. Statutory Authority: RCW 19.27A.210. WSR 24-16-041, § 194-50-080, filed 7/30/24, effective 8/30/24. Statutory Authority: RCW 19.27A.210 and 19.27A.250. WSR 24-03-033, § 194-50-080, filed 1/8/24, effective 2/8/24. Statutory Authority: RCW 19.27A.210. WSR 20-22-059, § 194-50-080, filed 10/30/20, effective 11/30/20.

Wash. Admin. Code § 194-50-090 ASHRAE Standard 100, 2018—Section 9—Implementation and verification requirements.

WAC 194-50-090

9.1.1 Requirements.Buildings implementing energy efficiency measures (EEMs) shall comply with the requirements of Section 9.1.1.1. All buildings shall implement an energy management plan as described in Section 5. The energy management plan shall be integrated into the building's capital management plan as described in Section 5. The energy management plan shall include the elements listed in Section 5.

9.1.1.1Implementation of energy efficiency measures.Energy efficiency measures (EEMs) identified from the energy audit shall be implemented in order to meet the building'sperformance target. Develop a written plan for maintaining the building's energy performance once the performance target has been met.

Exceptions to Section 9.1.1.1:

Space heating electrification:Buildings complying through Section 4.3.5 Space heating electrification are not required to perform an energy audit.
Grouped buildings EEMs: Except for buildings complying through Section 4.3.3 Investment criteria, implementation of EEMs to non-Tier 1 covered buildings complying at the grouped buildings level is acceptable, provided the energy audit demonstrates the energy savings from the EEMs implemented at the grouped buildings level will result in a WNEUI which meets the performance target of the grouped buildings.
Tier 2 covered buildings:Tier 2 covered buildings.
District energy system EEMs: Implementation of EEMs to district energy system(s) in lieu of or in combination with EEMs implemented directly to campus buildings is acceptable, provided the energy audit demonstrates the energy savings from the district energy system EEMs will be equal to or greater than the energy saved from the EEMs identified for the buildings. Energy savings shall be measured as a reduction in Btu per year.

9.1.2.1 Training of building staff. An ongoing written training plan shall be implemented. Building occupants and staff shall be trained, at a minimum, as established by the operations and maintenance (O&M) program defined in Section 6.

9.1.2.2 Multiple buildings. A multiple-building plan shall be implemented to coordinate EEM implementation and measurement of the EUI among buildings when complying at the campus, campus-level or connected building level.

9.1.2.3 Implementation and commissioning of EEMs.EEMs shall be implemented and commissioned in accordance with the Washington State Energy Code. Washington State Energy Code (WSEC) exceptions based on mechanical system or service water heating capacity shall not be applied when developing the scope for commissioning. For example, the 2018 WSEC, Section C408.1 General, the exceptions do not apply. The qualified energy auditor or qualified person shall review the commissioning report and certify that the EEMs are functioning as intended.

Informative Note: For guidance on commissioning protocols, refer to ASHRAE Guideline 0.2-2015 Commissioning Process for Existing Systems and Assemblies and ASHRAE Guideline 1.2-2019 Technical Requirements for the Commissioning Process for Existing HVAC&R Systems and Assemblies.

9.1.2.4 Energy efficiency sequencing. Implementation of EEMs shall be prioritized to take advantage of the life cycle of building systems and to minimize the disruption of building occupants. Delayed implementation shall be evaluated using the methodology included in Normative Annex X and reported in the energy management plan.

9.2.1 Verification of implemented EEMs - Meeting the EUIt. Upon implementation and commissioning of EEMs for buildings complying through Section 4.3.2.1 Building does not meet the energy use intensity target (EUIt), the building's EUI shall be monitored until one full year's data demonstrates that the WNEUI is less than or equal to its EUIt.

9.2.2 Verification of implemented EEMs - Investment criteria. Upon implementation and commissioning of EEMs, for buildings complying through Section 4.3.3 Investment criteria, the building's energy consumption shall be monitored until one full year's energy savings, as measured after implementation, meets or exceeds 75 percent of the optimized bundle projected energy savings, aligning with the energy audit report. Or, if all identified EEMs with simple payback are implemented, the energy savings, as measured after EEM implementation, shall meet or exceed 75 percent of the energy savings projected in the energy audit. The qualified energy auditor or qualified person shall review the results of the energy monitoring and certify that the energy savings meets or exceeds 75 percent of the energy savings projected in the optimized bundle or in the energy audit, as required.

| Note: | For buildings unable to demonstrate energy savings at the whole-building consumption level, the qualified energy auditor or qualified person shall provide verification of compliance using the methods of the International Performance Measurement & Verification Protocol, Concepts and Options for Determining Energy and Water Savings Volume I11 options A through D. | | --- | --- |

9.2.3 Verification of implemented EEMs - Minimum energy use reduction. Upon implementation and commissioning of EEMs for buildings complying through Section 4.3.4 Minimum energy use reduction, the building'sEUI shall be monitored until one full year's data demonstrates the WNEUI is a minimum of 15 percent below the baseline WNEUI.

9.2.4 Verification of implemented EEMs - Space heating electrification. Upon implementation and commissioning of the electric heat pump equipment replacing the fossil fuel consuming space conditioning equipment for buildings complying through Section 4.3.5 Space heating electrification, the qualified person shall provide verification using Form E - Space Heating Electrification Report, in accordance with Section Z4.8.

9.3 Compliance. The qualified person shall complete the compliance documentation as required in Normative Annex Z.

ASHRAE Standard 100, 2018—Section 10 - Not adopted.

History

Statutory Authority: RCW 19.27A.210 and 19.27A.250. WSR 26-15-112, s 194-50-090, filed 7/21/26, effective 8/21/26. Statutory Authority: RCW 19.27A.210. WSR 24-16-041, § 194-50-090, filed 7/30/24, effective 8/30/24. Statutory Authority: RCW 19.27A.210 and 19.27A.250. WSR 24-03-033, § 194-50-090, filed 1/8/24, effective 2/8/24. Statutory Authority: RCW 19.27A.210. WSR 20-22-059, § 194-50-090, filed 10/30/20, effective 11/30/20.

Wash. Admin. Code § 194-50-110 ASHRAE Standard 100, 2018—Section 11—References.

ASHRAE. 2010. Performance Measurement Protocols for Commercial Buildings. Atlanta: ASHRAE.
ASHRAE. 2013. ANSI/ASHRAE/IES Standard 90.1, Energy Standard for Buildings Except Low-Rise Residential Buildings. Atlanta: ASHRAE.
ASHRAE. 2007. ANSI/ASHRAE Standard 90.2, Energy-Efficient Design of Low-Rise Residential Buildings. Atlanta: ASHRAE.
IES. 2011. Lighting Handbook, 10th Edition. New York: Illuminating Engineering Society.
ASHRAE. 2011. Procedures for Commercial Building Energy Audits, 2nd Edition. Atlanta: ASHRAE.
ACCA. 2007. ANSI/ACCA Standard 4, Maintenance of Residential HVAC Systems. Arlington, VA: Air Conditioning Contractors of America.
AHRI. 2009. AHRI Guideline X, Induced Draft Furnace Heat Exchanger Inspection. Arlington, VA: Air Conditioning, Heating and Refrigeration Institute.
ASHRAE. 2013. ANSI/ASHRAE Standard 55, Thermal Environmental Conditions for Human Occupancy. Atlanta: ASHRAE.
ASHRAE. 2013. ANSI/ASHRAE Standard 62.1, Ventilation for Acceptable Indoor Air Quality. Atlanta: ASHRAE.
IEA. 2009. IEA ECBCS Annex 46: Energy Process Assessment Protocol. International Energy Agency, Paris, France.
International Performance Measurement & Verification Protocol Concepts and Options for Determining Energy and Water Savings Volume I Revised March 2002 DOE/GO-102002-1554. International Performance Measurement & Verification Protocol Committee. www.ipmvp.org
ANSI/ASHRAE/ACCA Standard 211-2018 Standard for Commercial Building Energy Audits, Section 5.3.
ASHRAE Guideline 0.2-2015 Commissioning Process for Existing Systems and Assemblies.
ASHRAE Guideline 1.2-2018 Technical Requirements for the Commissioning Process for Existing HVAC&R Systems and Assemblies.

Normative Annex A - Not adopted.

Informative Annex B - Not adopted.

History

Statutory Authority: RCW 19.27A.210. WSR 20-22-059, § 194-50-110, filed 10/30/20, effective 11/30/20.

Wash. Admin. Code § 194-50-120 Normative Annex C Forms.

For Washington State Compliance Normative Annex C forms adopted as modified and published in Normative Annex Z, Section Z6. Compliance forms for Tier 1 covered buildings and Normative Annex Y, Section Y6 Compliance forms for Tier 2 covered buildings.

Informative Annex F Standard 100 Compliance Flow Chart - Not adopted.

History

Statutory Authority: RCW 19.27A.210 and 19.27A.250. WSR 24-03-033, § 194-50-120, filed 1/8/24, effective 2/8/24. Statutory Authority: RCW 19.27A.210. WSR 20-22-059, § 194-50-120, filed 10/30/20, effective 11/30/20.

Wash. Admin. Code § 194-50-130 Normative Annex L—Operations and maintenance implementation.

WAC 194-50-130

L1 Responsible party. The building owner shall be responsible for meeting the requirements of this standard. The owner may designate other parties as its authorized representative to speak on its behalf with respect to individual buildings. Building owners are not excused from compliance due to the existence of an authorized representative.

L2 Operations and maintenance program.

Each building system shall have an O&M program that, at a minimum, preserves the condition of the system and its elements in a manner that enables the system to provide the intended thermal and visual comfort, energy efficiency, and helps to achieve the intended indoor environmental quality required for the building.

At a minimum, the O&M program shall contain an inventory of equipment, systems and controls to be inspected and maintained and a maintenance plan describing the goals, objectives, and execution of the systems maintenance program.

L2.2.3 Inspection and maintenance tasks. Inspection and maintenance tasks for inventoried equipment, systems and controls shall be established. Inspection shall include the physical assessment of system components and may include measurement of operating parameters and data provided by sensors or a building management system (BMS). Maintenance tasks shall include adjustment, service, or replacement of inventoried equipment and systems. Control systems settings including, but not limited to, set points, schedules, and sequence of operations shall be inspected and maintained.

L2.2.4 Inspection and maintenance task frequencies. Frequency of inspection and maintenance tasks for inventoried equipment, systems, and controls shall be established. If unacceptable condition indicators or unacceptable performance is found during two consecutive inspections, the owner or owner's designated representative shall investigate and analyze possible causes. At a minimum, the following possible causes shall be investigated:

• Poor field practices. Review inspection documentation and/or technician execution to ensure maintenance tasks are performed correctly.

• Insufficient time budgeted for tasks. Review time budgeted to the technician to ensure that reasonable time has been given to perform the tasks.

• Component repairs noted/pending/not made. Inspect documentation to determine that repair or component replacement has been undertaken.

• Design issues. Determine whether underlying design issues are causing successive failures.

• Obsolete equipment or components. Determine whether the equipment or component has been in service beyond its expected useful life and is no longer functioning.

• Conditions outside of the building system causing failure. Investigate whether water leaks, vandalism, a problem in the building envelope, a problem with the power supplied to the building, or some other external factor is causing the problem.

Based on the analysis, the inspection frequency or the maintenance task shall be modified to resolve the deficiency.

If acceptable condition indicators or acceptable performance is found during three successive inspections, the inspection frequency for that task may be reduced from the existing frequency. The reduced frequency shall be based on the specific findings and shall be documented.

Frequency may be adjusted for climate related or operational reasons. Each adjusted frequency shall be documented, including the reason for the adjustment.

Informative Note: Examples include the following:

• Cooling tower shutdown during the winter. Inspection and maintenance may be suspended during the shutdown period.

• A new chiller is installed and the old chiller is retained as a backup. Inspection and maintenance of the backup unit may be adjusted to reflect fewer operating hours.

• A new lighting fixture and lamp is installed with a much longer life expectancy. Inspection and lamp replacement frequency may be extended to reflect the new device.

L2.2.5 Documentation. A minimum inspection and maintenance documentation package shall consist of the following items:

Listings of building systems and system components with associated performance criteria pertinent to the facility.
Inspection and maintenance tasks and the method of tracking (automated or manual).
Identify building systems or components operating beyond their expected useful life and whether or not they are functioning.
Sufficient record detail and verification (written or electronic) to demonstrate implementation of the maintenance plan.

The inspection and maintenance document directory shall provide easy access and be well organized and clearly identified. Emergency information shall be immediately available and shall include emergency staff and/or agency notification procedures.

Informative Annex M Guidance on Building Type Definitions - Not adopted.

Informative Annex N Addenda Description Information - Not adopted.

History

Statutory Authority: RCW 19.27A.210 and 19.27A.250. WSR 26-15-112, s 194-50-130, filed 7/21/26, effective 8/21/26
WSR 24-03-033, § 194-50-130, filed 1/8/24, effective 2/8/24. Statutory Authority: RCW 19.27A.210. WSR 20-22-059, § 194-50-130, filed 10/30/20, effective 11/30/20.

Wash. Admin. Code § 194-50-140 Normative Annex X—Investment criteria—This is a normative annex and is part of the Tier 1 covered building requirements of this standard.

WAC 194-50-140

X1 Demonstrating compliance with the investment criteria.Buildings seeking compliance through Section 4.3.3 Investment criteria shall demonstrate compliance with the financial investment criteria of this annex. The investment criteria shall be documented using a level 2 energy audit and by performing the life-cycle cost analysis (LCCA) as per X2.2.

X1.1 General guidance on cost and benefits for the base case and alternative case.

The life-cycle cost analysis is a process which compares the base case of the existing building to the alternative case that implements EEMs proposed by the energy audit. Total life cycle cost of each case are produced by the analysis, but the resulting cost and benefits of interest are the incremental life cycle cost difference between each case. Measures and bundles of measures demonstrating positive life cycle cost compared to the base case are to be implemented in accordance with Section 9 Implementation and verification requirements.

The base case in the energy audit and LCCA will include all costs for energy, operations and maintenance and other related cost scheduled in the analysis period. This may include replacement of existing equipment upon failure with code compliant equipment, in the analysis period of measure life of the alternative. All these costs are captured in the base case.

The alternate case captures all cost and benefits associated with implementing additional efficiency features beyond in-kind or code minimum replacement. All costs and all benefits of implementing EEMs required by Section 9 should be captured by the analysis. All documented costs may be considered.

Extended implementation periods are allowed by this standard. This allows more EEMs to be considered at time of failure resulting in much of the cost of implementation being attributed to the base case. This requires including the implementation timing of the measure in the extended compliance period. Ultimately, this reduces the cost of the alternative case and will likely make EEMs that are not cost-effective as an early replacement be cost-effective as replacement upgrades.

X2 Energy audits and investment criteria pathway.

X2.1 Optimized bundle.Buildings qualifying under the investment criteria must complete a life-cycle cost analysis (LCCA) and implement an optimized bundle of energy efficiency measures (EEMs) that provide maximum energy savings without resulting in a savings-to-investment ratio of less than one.

Exceptions to X2.1:Buildings which meet one of the following exceptions are not required to implement an optimized bundle:

Implement all EEMs.Buildings pursuing investment criteria compliance by implementing all identified EEMs determined to have a simple payback period that is less than or equal to the EEMs' expected useful life are not required to complete the LCCA. However, buildings are required to complete and submit the Level 2 energy audit, and verify energy savings, as measured after all identified EEM implementation, meets or exceeds 75 percent of the energy savings projected in the energy audit report, submitted to the AHJ.
No identified EEMs with simple payback.Buildings pursuing the investment criteria with no energy efficiency measures (EEMs) identified in the Level 2 energy audit which have a simple payback period less than or equal to the EEM's expected useful life shall document the simple payback calculation in Form D - Audit Template (and in the EMP), provide a reason statement in application submittal.
Custom bundle.Buildings pursuing investment criteria compliance by implementing a custom bundle equal to or greater than the optimized bundle projected energy savings, are required to complete and submit the LCCA and the Level 2 energy audit. Buildings shall identify the optimized bundle of energy efficiency measures (EEMs), confirm the energy savings, as measured after the custom bundle EEM implementation, meets or exceeds 75 percent of the optimized bundle projected energy savings, aligning with the energy audit report, and demonstrating that the custom bundle equivalent achieves the same or more energy savings.

X2.2 Investment criteria procedures. The procedures for developing the investment criteria shall be based on ANSI/ASHRAE/ACCA Standard 211 Section 5.5.2 and Section 5.5.3 Life-Cycle Cost Analysis (LCCA) as modified by section X2. The LCCA shall also follow, and consider the findings of, the Level 2 Audit as defined by ANSI/ASHRAE/ACCA Standard 211 Section 5.4.

X2.3 Investment criteria chronological process.

X2.3.1 Level 2 audit. Evaluate a comprehensive list of individual EEMs using simple payback as a screening criteria. Individual EEMs determined to have a simple payback that is greater than the EEMs expected useful life may be excluded from further consideration. When no EEMs pass the simple payback screening criteria and all EEMs are excluded, a Form F - LCCA is not required. If no EEMs are implemented, the simple payback calculation shall be documented in Form D - Audit Template (and in the EMP) and a reason statement is required in application submittal.

| Note: | The simple payback calculation shall be in accordance with NIST Handbook 135, Section 6.4.4, Equation 6-13. | | --- | --- |

X2.3.2 Life cycle cost assessment. Identify an optimized bundle of EEMs that provides maximum energy savings without resulting in a savings-to-investment ratio of less than one. The optimized bundle of measures shall be implemented based on the schedule established within the energy management plan.

X2.3.2.1 Life cycle cost assessment on individual measures. Individual measures that do not meet the life cycle cost test may be excluded from the implementation plan if they are not integral to the implementation of other cost-effective measures in the bundle.

X2.3.2.2 Phased implementation. The LCCA and energy management plan may include phased implementation such that the building owner is not required to replace a system or equipment before the end of the system's or equipment's useful life.

X2.3.3 Verification of implemented EEMs.Buildings complying through the investment criteria of Annex X shall verify compliance with energy savings of the implemented EEMs in accordance with Section 9.2.2 Verification of implemented EEMs - Investment criteria.

X3 Included LCCA costs and savings.

X3.1 The costs and savings to be included within the life-cycle cost analysis shall be based on ANSI/ASHRAE/ACCA Standard 211 Sections 5.4.8.1, 5.5.2 and 5.5.3 as modified by the following:

X3.1.1 Cost for implementation of EEM, as required by Section 9.

Estimate EEM Costs (based on Standard 211 Sections 5.4.8).
Estimate the total expected cost of implementation for each practical measure. Cost estimates shall include the following factors, as applicable:

a. Material costs;

b. Labor costs, contracted or executed by employees;

c. Design fees;

d. Construction management, contracted or executed by employees;

e. Site-specific installation factors;

f. Permits;

g. Temporary services;

h. Testing, adjusting, and balancing;

i. Utility service upgrades;

j. Verification, as required in Section 9.2.2 only;

k. Commissioning;

l. Taxes;

m. Profit;

n. Any additional adjustments that significantly impact the cost estimate of the EEM.

Informative Note: Multiple measures affecting the same building systems or end uses may be combined and their costs estimated as a group. Combining costs may improve the cost-effectiveness of combined measures.

Hazardous material abatement (based on standard 211, 5.4.8.2). Estimation of hazardous material abatement costs is not required. If the possible presence of hazardous materials is apparent at the site, either through observation or as reported by others, the possible presence of the hazardous material shall be included in the report (see Standard 211 Section 6.2.5) as potentially affecting health and safety and installation costs.
Cost and cost savings of recommended EEMs (based on standard 211 Section 5.5.2).

Estimate the initial and recurring costs, energy cost savings, and nonenergy cost savings of each measure and each integrated group of measures. Cost estimates shall either be:

a. Obtained from a vendor at the quoted price; or

b. Based on quotations of similar projects within the last year; or

c. Based on labor cost estimates for employee labor.

Life-cycle cost analysis (LCCA) (based on standard 211 section 5.5.2). LCCA 7,8,9,10 of each recommended EEM shall be conducted for a time frame that spans, at a minimum, the life of the measure with the longest service expected useful life and shall include the following:

a. Initial costs (per Standard 211 Section 5.4.8.1);

b. Financing costs;

c. Annual energy costs;

d. Escalation rates as published by the AHJ citing the source within the energy audit report;

e. Discount rates as published by the AHJ citing the source within the energy audit report;

f. Tax credits and deductions;

g. Cash incentives, grants, and rebates;

h. Expected periodic replacements;

i. Estimated recurring nonenergy costs (maintenance, etc.), of each measure or set of measures. Such costs include annual maintenance and service labor costs, routine replacement of worn parts, or annual warranty fees from manufacturers;

j. Contingency funds not to exceed five percent of estimated EEM implementation cost; and

k. Water & sewer savings from EEM. EEMs that provide water and/or wastewater savings shall include the operations and maintenance savings resulting from implementation of the EEM.

X4 Life-cycle cost analysis methodology, form and key variables.

X4.1 Life-cycle cost analysis completed for buildings qualifying under the investment criteria shall follow the National Institute of Standards and Technology (NIST) Handbook 135, Life-Cycle Costing Manual for the Federal Energy Management Program except as specified in this standard in Table X-1.

Table X-1 Life-Cycle Cost Analysis Variables Independent Of NIST Handbook - 135 Methodology.

| Public owner discount rate | A fixed annual rate based on the cost of borrowing through the Washington state treasurer, certificate of participation programs, the local program and the state lease-purchase program. | | --- | --- | | Private owner discount rate | Shall be the published Wall Street Journal Prime Rate for based on the average of the previous twelve months. | | Financing | Applicants with documented costs of borrowing assuming one hundred percent of the EEM implementation costs are financed at an actual cost of borrowing and stated terms when the property being improved is listed as loan collateral. | | Rate of inflation | A fixed annual rate, as published annually by the Washington state office of financial management. | | Fuel escalation rate | Based on the most recent edition of NIST Handbook - 135 Annual Supplement - Fuel Escalation Rates. | | Study period | Equal to the expected useful life of the longest-lived EEM within an optimized bundle. (STD 211, 5.5.3) |

X4.2 Publication of analysis variables. The AHJ shall on an annual basis publish the public owner discount rate, private owner discount rate, rate of inflation and fuel escalation rates on the agency website.

History

Statutory Authority: RCW 19.27A.210 and 19.27A.250. WSR 26-15-112, s 194-50-140, filed 7/21/26, effective 8/21/26. Statutory Authority: RCW 19.27A.210. WSR 24-16-041, § 194-50-140, filed 7/30/24, effective 8/30/24. Statutory Authority: RCW 19.27A.210 and 19.27A.250. WSR 24-03-033, § 194-50-140, filed 1/8/24, effective 2/8/24. Statutory Authority: RCW 19.27A.210. WSR 20-22-059, § 194-50-140, filed 10/30/20, effective 11/30/20.

Wash. Admin. Code § 194-50-150 Normative Annex Z—Washington state Tier 1 covered buildings reporting requirements—This is a normative annex and is part of the Tier 1 covered building requirements of this standard.

WAC 194-50-150

Z1 Building owner notifications by the AHJ.

Z1.1 Notification to building owners of covered buildings by the AHJ. Based on records obtained from each county assessor and other available information sources, the AHJ must create a database of covered buildings and building owners required to comply with the standard established in accordance with this section. The database may include buildings and building complexes presumed to meet the definition of covered building and multifamily buildings greater than 50,000 square feet in floor area.

Z1.1.1 The database will contain information about buildings that may be subject to compliance, their owners, and information about multifamily residential buildings eligible for incentives. The database will also contain information to assist tracking and reporting on building owner compliance, and incentive application and distribution. Commerce will create a method for tracking building owner notification responses. Each building or building complex will be assigned a unique building identifier.

Z1.2 By July 1, 2021, the AHJ must provide the owners of covered buildings with notification of compliance requirements. Notifications will be mailed to the mailing addresses county assessors have on file.

Z1.3 Failure by the AHJ to provide the notification in Z1.2 does not release the building owner of the legal obligation to comply with this law. When a covered building undergoes a change of ownership, it is the buyer's responsibility to contact the AHJ and update the covered building's profile.

Z1.4 By July 1, 2021, the AHJ must provide notifications to the building owners of multifamily residential building where the floor area exceeds 50,000 gross square feet, excluding the parking garage area.

Z2 Building owner response to notifications.

Z2.1 Correction of errors.Building owners are responsible for reviewing the property and building information provided by the AHJ through notification including, but not limited to, building or building complex ownership details, gross floor area, and other information as identified by the building owner.

Z2.1.1 Correction of errors documentation form.Building owners who are notified in error may submit a correction form to the AHJ. The correction form will be used to document gross floor area (conditioned and unconditioned) and/or building type. Building owners that submit the correction form must also submit the documentation required to demonstrate an exception as required in Section Z4.1 prior to the compliance date if applicable.

Z3 Washington state reporting requirements for building owners.

Z3.1 General compliance. The building owner of a covered building must report compliance with the standard to the AHJ in accordance with the compliance schedule established under Section Z3.1 and every five years thereafter. For each reporting date, the building owner must submit documentation to demonstrate that:

The covered building meets the performance target as measured in a period not to exceed two years prior to the compliance date specified in Section Z3.2 Compliance schedule; or
The covered building has received conditional compliance from the AHJ based on energy efficiency actions prescribed by the standard; or
The covered building is exempt from the standard by demonstrating that the building meets one of the criteria for an exemption.
The covered building has received an extension in accordance with Exceptions to Section Z3.2 Extension.

Z3.2 Compliance schedule. The building owner of a covered building must report the building owner's compliance with the standard to the AHJ in accordance with the appropriate initial compliance date as follows and every five years thereafter.

Compliance date.

a. For a building with more than 220,000 gross square feet, June 1, 2026;

b. For a building with more than 90,000 gross square feet but less than 220,001 gross square feet, June 1, 2027; and

c. For a building with more than 50,000 gross square feet but less than 90,001 gross square feet, June 1, 2028.

Graduated group compliance dates.Covered buildings complying at a grouped building level shall use the earliest applicable compliance date, compliance schedule for the group, or the compliance schedule can be graduated through conditional compliance provisions of the standard in accordance with individual covered building size cohort compliance schedules of Sections Z3.2, Y3.2, and W3.2. Notify the AHJ a minimum of 180 days prior to the covered building's earliest compliance date when complying at a grouped building level to update the covered building profile(s) and when applicable, to apply for conditional compliance in accordance with Section Z4.4 or Z4.5.

Exceptions to Z3.2: Extension.Covered buildings are eligible for a two-year compliance date extension if the building owner or its authorized representative submits an extension application to the AHJ, no sooner than six months prior to and up to six months after the applicable compliance date. The application to request an extension must include documentation supporting the reason for the extension, and meet at least one of the following criteria:

Beyond control.Building owner experiences conditions beyond their control, the effects of which could not have been avoided by exercising reasonable diligence, which substantially interfere with compliance efforts or schedule, including:

a. Natural disasters declared by appropriate governmental officials;

b. Goods and services shortages causing delays;

c. Price changes which affect EEM cost-effectiveness of compliance with the investment criteria; or

d. EEM implementation completed, but less than 12 months prior to compliance date.

e. Buildings where building activity types have changed preventing benchmarking data collection for a consecutive 12-month period within two years prior to the compliance date.

Change of ownership.Building owner purchases building in an arm's length transaction, with a date of purchase within 12 months prior to or on the exact compliance date.
Financial restrictions.Building owner has financial restrictions requiring additional time to demonstrate full compliance.

a. Financial hardship in accordance with Annex Z, Section Z4.1 (2)(g), affecting cash flow; or

b. Existing capital improvement plan has a schedule to meet the performance target of the standard by the extension deadline.

New construction.Building owner has active or recent construction with a valid building/demolition permit limiting the ability to obtain 12 consecutive months of measured energy use prior to the building compliance date. New construction includes addition, remodel, or demolition modifying at least 10 percent of the square footage and affecting conditions of compliance which require additional time to demonstrate full compliance.
Performance target. The qualified person or qualified energy manager complies with the requirements of the standard for benchmarking, EMP, and O&M program requirements (Section 5.2 Building energy monitoring, Section 7.2.1 Determining energy use intensity target (EUIt), and Section 4.2 Energy management plan and operations and maintenance program) and then the building owner or its authorized representative can receive an extension to install EEMs and comply with the performance target. Where energy use is not monitored at the covered building level, benchmarking shall be performed at the connected building level. Covered buildings applying for an extension at a grouped building level shall use the earliest applicable compliance schedule for the group implementation of benchmarking, EMP, and O&M program.
EMP and O&M.Building owner complies with the performance target and then the building owner or its authorized representative can receive an extension to comply with the EMP and O&M program requirements (Section 4.2, Energy management plan and operations and maintenance program).

An extension granted pursuant to this subsection is valid for two years beyond the covered building's compliance date. Upon expiration of the two-year extension, the building owner or its authorized representative must submit an application to the AHJ for a one-time extension renewal, for an exemption, or to demonstrate compliance prior to the extension deadline, or will be subject to potential penalties. To renew an extension, building owners shall comply with Section Z3.2, Exception 5. Performance target to qualify for a second extension. In the case where Exception 5 was used for the first extension, to qualify for a performance target extension renewal, all EEMs, required to meet the performance target, shall be implemented, and the renewal will provide an extended period to verify performance target compliance.

Z3.2.1 Early compliance option.Building owners may submit for compliance to the AHJ beginning July 1, 2023. Energy use data for developing the net energy consumption of the covered building shall be measured in a period not to exceed two years prior to the submission of compliance documentation. This section expires June 1, 2028.

Z3.2.2 Application for conditional compliance. Applications for conditional compliance must be submitted to the AHJ no later than 180 days prior to the compliance date to receive conditional compliance approval prior to the compliance date.

Z3.2.3 Application for exemption.Building owners submitting an application for exemption as specified in Section Z4.1 must submit to the AHJ no sooner than three years prior and no later than 180 days prior to the compliance date to receive exemption approval prior to the compliance date.

Z4 Documentation of compliance with the standard. Documentation of compliance shall be submitted to the AHJ demonstrating the building owner has complied with the standard through submission of documentation in accordance with Section Z4.1, Z4.2, Z4.3, Z4.4, Z4.5, Z4.7, or Z4.8. Additional requirements for continued reporting may be required as specified in Z4.6.

Z4.1 Documentation of compliance through exemption.Building owners seeking approval of exemption shall submit to the AHJ the Z6.7 Form H, "Application for exemption certificate," documenting the following:

Exemption conditions. Exemptions are applied at the building-level. Exemptions shall not be applied at the grouped building level. The building qualifies for one of the exemptions listed in Z4.1(2), and:

a. Exemption verification. Compliance with the exemption must be verified by the owner based on the building as it is to be occupied and operating on the compliance date;

b. Exemption application time frame. Applications for exemptions may be submitted no sooner than three years prior to the compliance date and submitted to the AHJ no later than 180 days prior to the compliance date;

c. Exemption certificate validity. Exemptions certificates are only valid for the current compliance review cycle.

d. Exemption recertification. Within six months before the compliance date, building owners who have received exemption approval must certify that the building still meets the eligibility qualifications for the exemption and that there have been no material changes to qualifying conditions. A template for acceptable declarations will be made available by the AHJ on the agency website.

Exemptions.Covered buildings are not eligible for exemption from the standards unless they meet one or a combination of multiple exemptions (a through d) affecting more than 50 percent of the building's square footage, of the following criteria:

a. Certificate of occupancy. The building did not have a certificate of occupancy or temporary certificate of occupancy for a consecutive 12-month period within two years prior to the compliance date;

b. Physical occupancy. The building did not have physical occupancy by owner or tenant for at least 50 percent of the conditioned floor area throughout the consecutive 12-month period prior to the building compliance date.

If using the physical occupancy exemption in combination with other exemptions, the portion of the conditioned floor area without physical occupancy (unoccupied, not leased, or otherwise vacant) combined with the floor area of other exempt spaces must be more than 50 percent of the building's square footage;

c. Unconditioned and semi-heated space. The sum of the building's gross floor area (GFA) minus unconditioned and semi-heated spaces, as defined in the Washington State Energy Code, is less than 50,000 square feet. The requirements of Annex Z, Section Z4.1 (2)(i) apply to nonexempt space greater than 20,000 square feet and must be reported in accordance with Section Z3.2 Compliance schedule using the building size cohort of the total building GFA, for the following:

i. Buildings approved for this exemption; or

ii. Buildings using this exemption in combination with other exemptions in accordance with Annex Z, Section Z4.1(2);

d. Manufacturing or industrial. More than 50 percent of the gross floor area of the building is used for manufacturing or other industrial purposes, as defined under the following use designations of the Washington state edition of the International Building Code:

i. Factory group F; or

ii. High hazard group H.

Include within the manufacturing or industrial primary use floor area, the spaces with nonexempt occupancy classifications that are within the building and are directly supporting the manufacturing or industrial space use. Do not include within the primary use floor area tenant spaces that are not associated with the primary manufacturing or industrial use of the building.

If using the manufacturing or industrial exemption in combination with other exemptions, the portion of the manufacturing or industrial use combined with the floor area of other exempt spaces must be more than 50 percent of the building's square footage;

e. Agricultural. The building is an agricultural structure;

f. Demolition. The building is pending demolition; or

g. Financial hardship. The building meets at least one of the following conditions of financial hardship:

i. Taxes or charges. The building had arrears of property taxes or water or wastewater charges that resulted in the building's inclusion, within the prior two years, on a city's or county's annual tax lien sale list;

ii. Receivership. The building has a court appointed receiver in control of the asset due to financial distress;

iii. Foreclosure. The building is owned by a financial institution through default by a borrower;

iv. Conveyance in lieu of foreclosure. The building has been acquired by a deed in lieu of foreclosure within the previous 24 months;

v. Senior mortgage default. The building has a senior mortgage subject to a notice of default;

vi. K-12 school. The building is a K-12 school building in a school district or a private school that has financial hardships related to capital construction or improvements including, but not limited to, a failed bond and/or levy, limited school district debt capacity, and/or the building is actively correcting a violation of state board of health rules.

vii. Hospital. The building is a public hospital in a public hospital district that lacks the debt capacity to cover the cost of compliance.

viii. Heavy and immediate financial need. The building owner has an immediate and heavy financial need caused by events that are beyond their control, lacks the debt capacity to cover the cost of compliance, and has exhausted all other reasonable available resources.

h. National security.Buildings for which meeting the standard would impair national security interests, when all or a portion of the building has the primary purpose of providing products or services to a federal agency that is considered "classified" under Executive Order No. 12356, or as directed by the AHJ.

i. Compliance light. The following extenuating conditions will exempt buildings from complying with the performance target. Buildings with the following extenuating conditions require benchmarking, EMP, and O&M program. Where energy use is not monitored at the covered building level, benchmarking shall be performed at the connected building level.

i. Historic integrity.Buildings for which meeting the standard would impair the historic integrity of the building including, but not limited to, properties listed in the national register of historic places, the Washington heritage register (DAHP), or local municipalities registers of historic places. Document and explain how meeting the performance target would impair the preservation of the historic building.

ii. Significant loss in assessed value.Buildings that have had significant losses in assessed value since March 2020, which prevents building owners from securing capital in the form of loans against equity in the covered building. Document significant loss in assessed value with the most recent tax assessment from the local government tax assessor and the building owner demonstrates how this loss prevents securing the capital needed, lacks the debt capacity to cover the cost of compliance, and has exhausted all other reasonable available resources.

iii. Nonexempt space.Buildings which receive a partial unconditioned and semi-heated space exemption because the nonexempt space is greater than 20,000 square feet. The compliance light requirements can be applied at the building-level or for the nonexempt space alone. See Section Z4.1 (2)(c).

Notification of exemption approved or denied. After documents have been submitted and reviewed, the AHJ will send notification of approval or denial.

a. If the exemption is approved the AHJ shall notify the applicant stating the application has been approved and update the AHJ records for the building.

b. If the exemption is denied the AHJ shall notify the applicant stating the application has been denied and update the AHJ records for the building.

Compliance required when exemption denied. When an application for exemption is denied the building owner must proceed with the process to demonstrate compliance with one of the compliance options in Washington state reporting requirements for building owners, Z4.2-Z4.5.

Z4.2 Documentation of compliance for meeting the EUIt.Building owners must provide the following documentation to verify that the buildingWNEUI is less than or equal to the building EUIt and that the energy management plan (EMP) must be completed and the operations and maintenance (O&M) program must be implemented.

Energy management plan (EMP);
EMP reporting tool;
Operations and maintenance (O&M) program;
O&M reporting tool;
Form A - Summary compliance with Standard 100 (or Form J - Summary for grouped buildings);
Form B - Building activity and energy use intensity target (EUIt);
Form C - Energy Star portfolio manager energy use intensity calculations.

Z4.3 Documentation of compliance for investment criteria.Building owners must provide the following documentation to verify that the building has implemented all EEMs that meet the cost-effectiveness criteria resulting from the energy audit and economic evaluation criteria from Normative Annex X. The energy management plan (EMP) must be completed and the operations and maintenance (O&M) program must be implemented and all EEMs must be installed and commissioned prior to the compliance date.

Energy management plan (EMP);
EMP reporting tool;
Operations and maintenance (O&M) program;
O&M reporting tool;
Form A - Summary compliance with Standard 100 (or Form J - Summary for grouped buildings);
Form B - Building activity and energy use intensity target (EUIt);
Form C - Energy Star portfolio manager energy use intensity calculations completed for pre (baseline EUI) and post (final compliance EUI), except buildings unable to meet Section 5.2 Building energy monitoring. Buildings unable to meet Section 5.2 shall include the verification specified in Section 9.2.2 in the building energy management plan;
Form D - Audit Template energy audit form;
ASHRAE Level 2 energy audit report developed by the qualified energy auditor;
Form F - Life-cycle cost analysis (LCCA), except buildings using the Exception to Section X2.1(1).

Z4.4 Documentation of compliance for meeting the EUIt through conditional compliance.Building owners must provide the following documentation to verify that the building WNEUI is projected to be less than the building EUIt at the end of the verification of compliance period and that the energy management plan (EMP) must be completed and the operations and maintenance (O&M) program must be implemented. EEMs required to meet the EUIt must be installed and commissioned prior to the compliance date. Verification and completion shall be documented as required in Section Z4.6.

Energy management plan (EMP);
EMP reporting tool;
Operations and maintenance (O&M) program;
O&M reporting tool;
Form A - Summary compliance with Standard 100 (or Form J - Summary for grouped buildings);
Form B - Building activity and energy use intensity target (EUIt);
Form C - Energy Star portfolio manager energy use intensity calculations;
Form D - Audit Template energy audit form;
ASHRAE Level 1 energy audit report or ASHRAE Level 2 energy audit report;
Continued reporting until completion as specified in Section Z4.6.

Z4.5 Documentation of compliance for investment criteria through conditional compliance.Building owners must provide the following documentation to verify that the building has implemented all EEMs that meet the cost-effectiveness criteria resulting from the energy audit and economic evaluation criteria from Normative Annex X. The energy management plan (EMP) must be completed and the operations and maintenance (O&M) program must be implemented and all EEMs must be installed and commissioned prior to the compliance date. Verification and completion shall be documented as required in Section Z4.6.

Energy management plan (EMP);
EMP reporting tool;
Operations and maintenance (O&M) program;
O&M reporting tool;
Form A - Summary compliance with Standard 100 (or Form J - Summary for grouped buildings);
Form B - Building activity and energy use intensity target (EUIt);
Form C - Energy Star portfolio manager energy use intensity calculations completed for pre (baseline EUI) and post (final compliance EUI), except buildings unable to meet Section 5.2 Building energy monitoring. Buildings unable to meet Section 5.2 shall include the verification specified in Section 9.2.2 in the building energy management plan;
Form D - Audit Template energy audit form;
ASHRAE Level 2 energy audit report developed by the qualified energy auditor;
Form F - Life-cycle cost analysis (LCCA), except buildings using the Exception to Section X2.1(1);
Continued reporting until completion as specified in Section Z4.6.

Z4.5.1 Phased implementation for investment criteria through conditional compliance. The building owner may include phased implementation of EEMs such that the building owner is not required to replace a system or equipment before the end of the system or equipment's remaining useful life, within the current compliance cycle. If the RUL is longer than the five-year compliance cycle, the EEM is not required to be included in the optimized bundle. System or equipment fitting this description shall be included in the energy audit and Normative Annex X - Investment criteria submission with a schedule for replacement. Phased implementation shall be documented in the energy management plan (EMP) and capital management plan required in Section 5.

Z4.6 Continued reporting until completion. Continued reporting is required as specified in Sections Z4.6.1 and Z4.6.2 until completion when:

Verification of compliance extends one year or more beyond the compliance date, or
Implementation is extended phased implementation.

Z4.6.1 Annual reporting. The following up to date reports shall be submitted to the AHJ annually, (date specific).

Form A - Summary compliance with Standard 100 (or Form J - Summary for grouped buildings);
Form B - Building activity and energy use intensity target (EUIt);
Form C - Energy Star portfolio manager energy use intensity calculations, except buildings unable to meet Section 5.2 Building energy monitoring.

Z4.6.2 Completion reporting. The following up to date reports shall be submitted to the AHJ when all conditions of compliance have been verified and documented:

Form A - Summary compliance with Standard 100 (or Form J - Summary for grouped buildings);
Form B - Building activity and energy use intensity target (EUIt);
Form C - Energy Star portfolio manager energy use intensity calculations, except buildings unable to meet Section 5.2 Building energy monitoring. Buildings unable to meet Section 5.2 shall include the verification specified in Section 9.2 Verification of implemented EEMs in the building energy management plan.

Z4.7 Documentation of compliance for minimum energy use reduction.Building owners must provide the following documentation to verify that the Tier 1 covered building's measured weather normalized energy use intensity (WNEUI) is reduced a minimum of 15 percent from the baseline WNEUI. The energy management plan (EMP) must be completed and the operations and maintenance (O&M) program must be implemented, and all EEMs must be installed and commissioned, prior to the compliance date.

Energy management plan (EMP);
EMP reporting tool;
Operations and maintenance (O&M) program;
O&M reporting tool;
Form A - Summary compliance with Standard 100 (or Form J - Summary for grouped buildings);
Form B - Building activity and energy use intensity target (EUIt);
Form C - Energy Star portfolio manager energy use intensity calculations completed for pre (baseline EUI) and post (final compliance EUI).

Z4.8 Documentation of compliance for space heating electrification.Building owners must provide the following documentation to verify that the Tier 1 covered building replaced existing fossil fuel consuming space conditioning equipment with electric heat pump equipment. The energy management plan (EMP) must be completed and the operations and maintenance (O&M) program must be implemented, and all EEMs must be installed and commissioned, prior to the compliance date.

Energy management plan (EMP);
EMP reporting tool;
Operations and maintenance (O&M) program;
O&M reporting tool;
Form A - Summary compliance with Standard 100 (or Form J - Summary for grouped buildings);
Form B - Building activity and energy use intensity target (EUIt);
Form C - Energy Star portfolio manager energy use intensity calculations completed for pre (baseline EUI) and post (final compliance EUI);
Form E - Space heating electrification report, as specified by the AHJ.

Z5 Violations, assessment of administrative penalties, mitigation and review of penalty decisions.

Z5.1 Authorization. The AHJ is authorized to impose administrative penalties upon building owners for failing to submit documentation demonstrating compliance with the requirements of this standard.

Failure to submit documentation demonstrating compliance by the scheduled reporting date will result in progressive penalties by legal notice.

Z5.2 Notice of violation and opportunity to correct (NOVC) (first notice).

Z5.2.1 Notifying owner of failure to demonstrate compliance. The AHJ may issue a NOVC when a building owner has failed to submit documentation that demonstrates compliance with this standard by the scheduled reporting date.

Z5.2.2 Issuing NOVC. A NOVC may be issued for failure to meet the requirements of the standard for any of the following reasons:

Failure to submit a compliance report in the form and manner prescribed by the AHJ;
Failure to provide accurate reporting consistent with the requirements of the standard; and
Failure to provide a valid exemption certificate;
Failure to receive extension approval.

Z5.2.3 Identifying failure to demonstrate compliance. The AHJ will identify in the NOVC which section(s) of law, code, or the standard for which the building owner has failed to demonstrate compliance.

Z5.2.4 Specifying time frame to remedy. The NOVC will specify the time by which the building owner must cure the violation by submitting documentation that demonstrates compliance with the identified section(s) of law, code, or the standard. The AHJ will give the building owner at least seven calendar days to submit such documentation.

Z5.2.5 Missing NOVC response deadline. If sufficient documentation is not submitted by the date specified in the NOVC, the AHJ will issue a notice of violation and intent to assess administrative penalties (NOVI) and the building owner will be subject to administrative penalties.

Z5.3 Notice of violation and intent to assess administrative penalties (NOVI) (second notice).

Z5.3.1 Issuing NOVI. If a building owner fails to respond to a NOVC by submitting documentation demonstrating compliance by the date specified in the NOVC, the AHJ will issue a NOVI.

Z5.3.2 Identifying failure to demonstrate compliance and assessing penalties. The AHJ will identify in the NOVI which section(s) of law, code, or the standard for which the building owner has failed to demonstrate compliance. The NOVI will also include a description of how the penalties the AHJ intends to assess will be calculated.

Z5.3.3 Responding to NOVI.Building owners must respond to a NOVI within 30 days by either:

Submitting an application for extension in accordance with exceptions to Section Z3.2, if applicable;
Submitting an application for exemption in accordance with Section Z4.1 if applicable;
Submitting a noncompliance mitigation plan in accordance with Z5.7;
Submitting its intent to pay the penalties by using the form provided by the AHJ; or
Submitting a request for an administrative proceeding to challenge or mitigate the penalty.

Z5.3.4 Missing NOVI response deadline. If the building owner does not request a hearing or submit an application within 30 days, the building owner waives its right to a hearing and the director or their designee may issue a final order assessing the penalties described in the NOVI. If the building owner has submitted a mitigation plan, the final order will only assess penalties from the scheduled compliance date until the date of an approval of compliance or conditional compliance.

Z5.3.5 Requesting hearing for denied application.Building owners who submit an application that is denied may submit a request for a hearing within 30 days of issuance of the decision denying its application. If the building owner does not request a hearing within 30 days, the building owner waives its right to a hearing and the director or their designee may issue a final order assessing the penalties described in the NOVI.

Z5.4 Assessment of administrative penalties.

Z5.4.1 Penalties for building owners. Failure to submit documentation demonstrating compliance with the standard by the date specified in a NOVC will result in the issuance of a NOVI and the assessment of administrative penalties at an amount not to exceed $5,000 plus an amount based on the duration of any continuing violation. The additional amount for a continuing violation may not exceed a daily amount equal to one dollar per square foot of gross floor area per year.

a. Penalties are assessed for each compliance period.

b. The AHJ may by rule increase the penalty rates to adjust for the effects of inflation.

c. Penalties may not be passed along to tenants, per RCW 19.27A.210 and 19.27A.250 so long as tenants are providing access to utility usage data, physical spaces in the buildings, and being responsive to needs from building owners to facilitate compliance with the standard. The inability for tenants and building owners to find a mutually agreeable time is not being unresponsive. Building owners seeking relief through an exemption or exception must provide documentation of how the tenant is being unresponsive.

Z5.4.1.1 Submit a noncompliance mitigation plan. For building owners subject to a NOVI who respond within 30 days by submitting a noncompliance mitigation plan (Z5.7), fines shall be assessed on an annual basis or when the building owner achieves compliance or conditional compliance.

a. With completion documentation. For applicants that submit a noncompliance mitigation plan and who submit documentation demonstrating completion, daily penalties will be assessed from the scheduled compliance date to the date of approval of compliance or conditional compliance. The penalty will be assessed at an amount not to exceed 30 percent of $5,000 plus a daily amount equal to 20 cents per square foot of gross floor area per year.

b. Without completion documentation. For applicants that submit a noncompliance mitigation plan but have not submitted documentation demonstrating completion, if the building does not comply with the standard by the next compliance date, the building owner will be assessed the maximum penalty of $5,000 plus a daily amount equal to one dollar per square foot of gross floor area per year not to exceed a value greater than 18 months of accrued penalty.

Z5.4.1.2 Choose to pay the fine rather than pursuing compliance.Building owners may choose to respond to the NOVI by paying the maximum penalty. The building owner will be assessed the maximum penalty of $5,000 plus a daily amount equal to one dollar per square foot of gross floor area per year not to exceed a value greater than 18 months of accrued penalty.

Z5.4.2 Late fees. When assessed penalties are not paid within 180 days of the date of a final order assessing penalties, the AHJ may assess late fees in addition to the maximum penalty. The penalties plus the late fees will not exceed $5,000 plus a daily amount equal to one dollar per square foot of gross floor area per year, for the entire compliance cycle (60 months).

Z5.4.3 Interest. Interest will accrue on civil penalties pursuant to RCW 43.17.240 if and when the debt becomes past due.

Z5.5 Due date and collection of penalties.

Z5.5.1 Penalties due. Penalties shall become due and payable on the later of:

Thirty days after receipt of the final order imposing the penalty; or
The date specified in the final order imposing the penalty.

Z5.5.2 Debt collection. If a penalty has not been paid by the due date, the AHJ may assign the debt to a collection agency as authorized by RCW 19.16.500 or take other action to pursue collection as authorized by law. If referred to a collection agency, the AHJ may add a reasonable fee, payable by the debtor, to the outstanding debt for the collection agency fee.

Z5.5.3 Accumulated daily fine. For building owners that are implementing a noncompliance mitigation plan but have not yet complied, the AHJ may assess the accumulated daily fine on June 1st of each year or shortly thereafter.

Z5.6 Payment of administrative penalties.

A check or money order payable in U.S. funds to the Washington state department of commerce can be mailed to:

Washington State Department of Commerce

Re: Clean Buildings Initiative, Energy Division

P.O. Box 42525

Olympia, WA 98504-2525

Z5.7 Noncompliance mitigation plan. Owners of covered buildings that are out of compliance by the scheduled compliance date and have not corrected the violation by the date noted in a NOVC may reduce possible penalties by demonstrating that they are taking action to achieve compliance with the standard. To begin the process of mitigating noncompliance, a building owner must submit to the AHJ the noncompliance mitigation plan form selecting one of the following actions within 30 days of the date of a NOVI to avoid immediate issuance of penalty in accordance with Z5.4.1.

Compliance with the standard in accordance with Z4.2.
Conditional compliance with the standard in accordance with Z4.4.
Conditional compliance with the standard in accordance with Z4.5.

Z5.7.1 Mitigation completion. To demonstrate completion, the building owner shall complete all of the requirements of this standard and submit documentation as required by Section Z4.2, Z4.4 or Z4.5. After the building owner has demonstrated completion, the AHJ shall issue a final order assessing the reduced penalty as specified by Z5.4.1.1(a).

Z5.8 Administrative hearings.

Z5.8.1 Requesting a hearing. A building owner may request an administrative hearing after receiving an NOVI by submitting a request within 30 days of the date of a NOVI. All requests must be made in writing and filed at the address specified on the NOVI. For convenience, the AHJ will attach a form titled request for hearing to the NOVI that may be used to request an administrative hearing.

Requests for hearing must be accompanied by the following:

Washington state building ID;
Submit Annex Z Forms A, B, and C.

Z5.8.2 Hearing process. The AHJ may refer matters to the office of administrative hearings (OAH). Administrative hearings will be conducted in accordance with chapter 34.05 WAC, Administrative Procedure Act, chapter 10-08 WAC, Model rules of procedure, and the procedural rules adopted in this chapter. In the case of a conflict between the model rules of procedure and the procedural rules adopted in this section, the procedural rules adopted in this section take precedence.

Z5.8.3 Initial orders to become final orders. Initial orders issued by the presiding officer will become final without further agency action unless, within 20 days:

The director determines that the initial order should be reviewed; or
A party to the proceeding files a petition for administrative review of the initial order. Upon occurrence of either event, notice shall be given to all parties to the proceeding.

Z5.8.4. Judicial review. A final order entered pursuant to this section is subject to judicial review pursuant to RCW 34.05.510 through 34.05.598.

Z5.8.5 Collected penalties. Administrative penalties collected under this section must be deposited into the low-income weatherization and structural rehabilitation assistance account created in RCW 70A.35.030.

Z6 Compliance forms. The following section replace Normative Annex C Forms in Standard 100 and provide additional forms specified by rule Building owners are required to submit the applicable forms and the required supporting information to demonstrate compliance with the standard. These forms replace all referenced forms in this standard. The AHJ will make these forms available in an electronic format for submission to the AHJ.

Z6.1 Compliance with Standard 100 (Form A)

| Note: | For grouped buildings, use Grouped Buildings Compliance with Standard 100 (Form J), instead of Form A. | | --- | --- |

Building identification:

a. Washington state building ID;

b. County;

c. County parcel number(s);

d. Portfolio manager property ID number;

e. Property name;

f. Parent property name;

g. Address 1 (street);

h. Address 2;

i. City;

j. State; and

k. Postal code.

Contact information:

a. Building owner name(s);

b. Contact name;

c. Address 1 (street);

d. Address 2;

e. City;

f. State/Province;

g. Country;

h. Postal code;

i. Telephone number;

j. Email address.

Qualified person:

a. Qualified person name;

b. Address 1 (street);

c. Address 2;

d. City;

e. State;

f. Postal code;

g. Telephone number;

h. Email address;

i. Licensed, certified (select all that apply):

i. Licensure; or

ii. Certifying authority.

Energy manager (if different than the qualified person):

a. Energy manager name;

b. Address 1 (street);

c. Address 2;

d. City;

e. State/Province;

f. Postal code;

g. Country;

h. Telephone number;

i. Email address.

This compliance report is for:

a. Building that meets the EUIt;

b. Building that meets the building investment criteria prior to the compliance date;

c. Building that will meet the EUIt through conditional compliance;

i. Annual reporting;

ii. Completion reporting;

d. Building that will meet the building investment criteria through conditional compliance;

i. Annual reporting;

ii. Completion reporting;

e. Building that meets minimum energy use reduction;

f. Building that meets space heating electrification.

Summary data:

a. EUItEnergy use intensity target (EUIt) (kBtu/ft2/yr) based on Section Z6.2 Form B;

| Note: | Building without an energy target unable to develop EUIt in accordance with Section 7.2.2 or 7.2.3 shall report: | | --- | --- | | | • National median site EUI (kBtu/ft2) as calculated by the Energy Star portfolio manager account on Form C. |

b. EUI. Measured site energy use intensity (EUI) (kBtu/ft2) for the building's compliance year based on Section Z6.3 Form C;

| Notes: | 1. Buildings unable to comply with Section 5.2 Building energy monitoring, and complete Section Z6.3 Form C, shall report: | | --- | --- | | | • Reason statement why EUI cannot be measured. | | | 2. Buildings that will meet the EUIt through conditional compliance shall report the following based on Section Z6.4 Form D: | | | • Baseline EUI. | | | • Projected EUI. | | | 3. Buildings that will meet investment criteria through conditional compliance shall report the following based on Section Z6.4 Form D: | | | • Baseline EUI and total kBtu. | | | • Projected EUI and total kBtu. | | | • Projected savings total kBtu. |

c. WNEUI. Measured weather normalized site energy use intensity (WNEUI) (kBtu/ft2) for the building's compliance year based on Section Z6.3 Form C.

| Note: | In addition to the compliance year WNEUI, baseline WNEUI is also required for buildings that will meet: | | --- | --- | | | 1. Investment criteria with a measurable EUI. | | | 2. Investment criteria through conditional compliance. | | | 3. Minimum energy use reduction. | | | 4. Space heating electrification (unless it is without measurable EUI). |

d. Date range. List the months/year of the collected data (mm/yyyy - mm/yyyy) for the building's compliance year from Section Z6.3 Form C.

| Note: | In addition to the compliance year date range, baseline date range is also required for buildings that will meet: | | --- | --- | | | 1. Investment criteria with a measurable EUI. | | | 2. Investment criteria through conditional compliance. | | | 3. Minimum energy use reduction. | | | 4. Space heating electrification (unless it is without measurable EUI). |

Have the energy management requirements of Section 5 been met? [ ] Yes [ ] No

• Upload energy management plan as specified by the AHJ.

Have the operation and maintenance requirements of Section 6 been met? [ ] Yes [ ] No

• Upload operation and maintenance implementation documentation as specified by the AHJ.

Date the audit and economic evaluation was completed (N/A if none required).

• Upload audit reports as specified by Z6.4 Form D.

Have all EEMs required by Section 8 been implemented? [ ] Yes [ ] No
Have the requirements of Section 9 been completed? [ ] Yes [ ] No
We state that this building complies with ANSI/ASHRAE/IES Standard 100 as amended by the AHJ to conform with RCW 19.27A.210:

a. Signature of building owner:

• Date:

b. Signature of qualified person:

• Date:

c. Signature of energy manager:

• Date:

d. Signature of authority having jurisdiction:

• Conditional or final compliance:

• Date:

Z6.2 Building activity and energy use intensity target (EUIt) (Form B). - Complete form provided by the AHJ with the following information:

Building identification:

a. Washington state building ID;

b. County;

c. County parcel number(s);

d. Portfolio manager property ID number;

e. Property name;

f. Parent property name;

g. Address 1 (street);

h. Address 2;

i. City;

j. State; and

k. Postal code.

List the building location climate zone, 4C or 5B. Determine the climate zone using ASHRAE climate zone as found on the map in Informative Annex G.

a. Buildings located in Climate Zone 5C shall use Climate Zone 4C.

b. Buildings located in Climate Zone 6B shall use Climate Zone 5B.

The gross floor area in square feet shall be reported as defined in Section 3.

a. Buildings unable to comply with Section 5.2, Building energy monitoring, at the covered building level and complying at the connected buildings level, shall use a group application to calculate the EUIt for all buildings in the group.

If entire building is a nontarget building, a single building activity type not listed in Table 7-1, it should be listed as "building without target" on Z6.1 Form A. List "energy target" as "N/A" on Z6.2 Form B and Z6.2 Form B is considered complete.
Fill in fraction of gross floor area (A)i for each activity. For single-activity buildings this is 1.0.
Fill in the operating shifts normalization factor (S)i from Table 7-3 for each activity.
Fill in the activity energy target (EUIt1)i from Table 7-2 (or table from AHJ) for each activity.
Calculate weighted space EUI target (A × S × EUIt1)i for each activity.
Add up fraction of floor area and enter sum in "Total fraction of floor area with target," and add up all weighted space energy use intensity targets (EUIt) and enter sum as the "EUIt" on Z6.2 and Z6.1 Forms B and A.
If more than 50 percent of gross floor area has no target, it should be listed as "building without target" on Z6.1 Form A. List "energy target" as "N/A" on Z6.2 Form B.

For single-activity buildings this is 1.0.

Z6.3 Energy Use Intensity Calculations (Form C).Energy Use Intensity Calculations shall be reported via the U.S. EPA's Energy Star Portfolio Manager (www.energystar.gov/benchmark). The energy manager is responsible for creating Energy Star portfolio manager record for each building.

Exception to Z6.3:Buildings unable to comply with Section 5.2, Building energy monitoring shall monitor building energy at the covered building level and shall report benchmarking at the connected buildings level or demonstrate compliance through Z4.3 or Z4.5.

The Energy Star portfolio manager building record shall be identical to the building activity/type, fraction floor area, operating shifts (hours of operation) and gross floor area of the building as reported on Form B. All inputs shall be up to date prior to reporting as required in Section Z4 and annually as required in Section 5.1.2.3, Annual updates of the net energy use and EUI.

Prior to submitting reports run the Energy Star portfolio manager data quality checker and make all corrections required to complete the report.

The energy manager shall use the EPA's Energy Star portfolio manager share properties feature and share the property data with the AHJ by enabling the read only access and exchange data feature.

For each report submitted under Section Z4, the energy manager shall create and submit a report documenting the required data fields listed (below) and other fields deemed necessary by the AHJ for the reporting period.

Report fields shall include:

• Portfolio manager property ID;

• Portfolio manager parent property ID;

• Property name;

• Parent property name;

• Address 1;

• Address 2;

• City;

• County;

• State/Province;

• Postal Code;

• Primary property type - Self-selected;

• Primary property type - EPA calculated;

• List of all property use types at property;

• Property GFA - Self-reported (ft2);

• Property GFA - EPA calculated (buildings and parking) (ft2);

• Property GFA - EPA calculated (buildings) (ft2);

• Property GFA - EPA calculated (parking) (ft2);

• Largest property use type;

• Largest property use type - Gross floor area (ft2);

• 2nd Largest property use type;

• 2nd Largest property use - Gross floor area (ft2);

• 3rd Largest property use type;

• 3rd Largest property use type - Gross floor area (ft2);

• Year built;

• Occupancy;

• Property notes;

• Property data administrator;

• Property data administrator - Email;

• Last modified date - Property;

• Last modified date - Electric meters;

• Last modified date - Gas meters;

• Last modified date - Nonelectric nongas energy meters;

• Local standard ID(s) Washington state building standard;

• Data center - Energy estimates applied;

• Electricity use - Grid purchase and generated from on-site renewable systems (kWh);

• Electricity use - Grid purchase (kWh);

• Electricity use - Generated from on-site renewable systems and used on-site (kWh);

• Natural gas use (therms);

• Fuel oil #1 use (kBtu);

• Fuel oil #2 use (kBtu);

• Fuel oil #4 use (kBtu);

• Fuel oil #5 and 6 use (kBtu);

• Diesel #2 use (kBtu);

• Kerosene use (kBtu);

• Propane use (kBtu);

• District steam use (kBtu);

• District hot water use (kBtu);

• District chilled water use (kBtu);

• Coal - Anthracite use (kBtu);

• Coal - Bituminous use (kBtu);

• Coke use (kBtu);

• Wood use (kBtu);

• Other use (kBtu);

• Default values;

• Temporary values;

• Estimated data flag - Electricity (grid purchase);

• Estimated data flag - Natural gas;

• Alert - Data center does not have an IT meter;

• Alert - Gross floor area is 0 ft2;

• Alert - Property has no uses;

• Data quality checker - Date run;

• Data quality checker run - ?

• Alert - Energy meter has less than 12 full calendar months of data;

• Alert - Energy meter has gaps;

• Alert - Energy meter has overlaps;

• Alert - Energy - No meters selected for metrics;

• Alert - Energy meter has single entry more than 65 days;

• Estimated values - Energy;

• Energy Star score;

• National median site energy use (kBtu);

• National median site EUI (kBtu/ft2);

• Site energy use (kBtu);

• Site EUI (kBtu/ft2);

• Weather normalized site energy use (kBtu);

• Weather normalized site EUI (kBtu/ft2);

• Weather normalized site electricity (kWh);

• Weather normalized site electricity intensity (kWh/ft2);

• Weather normalized site natural gas use (therms);

• Weather normalized site natural gas intensity (therms/ft2) energy current date;

• Electricity use - Generated from on-site renewable systems (kWh);

• Electricity use - Generated from on-site renewable systems and exported (kWh);

• Electricity Use - Grid purchase and generated from on-site renewable systems (kBtu);

• Electricity use - Grid purchase (kBtu);

• Electricity use - Generated from on-site renewable systems and used on site (kBtu);

• Natural gas use (kBtu);

• Percent of total electricity generated from on-site renewable systems;

• Cooling degree days (CDD) (°F);

• Heating degree days (HDD) (°F);

• Weather station name;

• Weather station ID.

Z6.4 End-use analysis requirements.Building owners shall demonstrate compliance with Form D by providing the documentation required by section Z6.4.1.

Z6.4.1 Energy Audit Forms (Form D) Audit Template. The energy audit form shall be provided electronically by completing the energy audit form (Audit Template) included in the U.S. Department of Energy, Energy Asset Score Tool, or an equivalent tool provided by the AHJ. This form shall be completed to document the energy audit, as published in ASHRAE Standard 211, Standard for commercial building energy audits, including EEMs considered but determined to have a simple payback that is greater than the EEMs expected useful life.

Form E - See Section Z6.9 Space heating electrification report (Form E).

Z6.5 Normative Annex X, Investment Criteria Tool (Form F).

Z6.5.1 To demonstrate compliance with the investment criteria of Normative Annex X, building owners shall complete and submit Form F, as specified by the AHJ.

Z6.5.2 Form F shall be developed by the AHJ. Form F shall be a life cycle cost evaluation tool compliant with NIST Standard 135 and capable of supporting the evaluation criteria required by Normative Annex X.

Z6.5.3 Form F shall evaluate all EEMs considered that have a simple payback that is less than or equal to the EEMs expected useful life.

Z6.6 Documentation of a building of historic significance (Form G).

Z6.6.1 Energy efficiency measure exemptions for historic buildings. No individual energy efficiency measure identified by energy efficiency audits need to be implemented if it would compromise the historical integrity of a building or part of a building. Building owners seeking this exception shall provide the following documentation. Certified historic buildings are not exempt from the other requirements of this standard.

Z6.6.2 Plan for compliance. The owner of a qualifying historic building shall have the plan for compliance evaluated by a qualified historic preservationist, as defined in 36 C.F.R., Part 61, identifying any energy efficiency requirement that may compromise the historic integrity of the building or part of the building. Any element of the plan identified to compromise the historic integrity of the building or part of the building shall be omitted from the compliance plan. Evidence of this evaluation must be submitted to the AHJ for approval.

Z6.6.3 Documentation of a historic building.Building owners must provide documentation to the AHJ that proves its historic identification or eligibility. Valid documentation from any existing programs listed below is acceptable.

Examples of existing programs that verify historic property include:

a. The National Register of Historic Places;

b. The Washington heritage register;

c. Properties that are identified by the department of archaeology and historic preservation (DAHP) to be eligible for listing in either one of these registers; and

d. Properties which are listed in a local register of historic places; or

Other documentation approved by the AHJ.

Z6.7 Application for Exemption Certificate (Form H).

Apply for an exemption certificate by submitting the following documentation in the form specified by the AHJ. The application must include:

Building identification:

a. Washington state building ID;

b. County;

c. County parcel number(s);

d. Portfolio manager property ID number;

e. Property name;

f. Parent property name;

g. Address 1 (street);

h. Address 2;

i. City;

j. State; and

k. Postal code.

Contact information:

a. Building owner name(s);

b. Contact name;

c. Address 1 (street);

d. Address 2;

e. City;

f. State/Province;

g. Country;

h. Postal code;

i. Telephone number; and

j. Email address.

Building information:

a. Primary building activity type from Table 7-1, or a description of the nontargetbuilding type;

b. Building gross floor area;

c. Building gross conditioned floor area.

Reason for exemption: Based on exemptions listed in Section Z4.1(2) Exemptions.

A list of all documents enclosed and any facts in support of this application. Provide at least two of the acceptable documents listed below:

a. Municipal or county records;

b. Documents from a qualified person;

c. Construction permit;

d. Certificate of occupancy or application for certificate of occupancy;

e. Demolition permit;

f. Financial statements such as statement of assets; liabilities, capital, and surplus, statement of revenue and expenses; or statement of cash flow;

g. A letter from the building owner stating facts and explaining financial hardships;

h. Other documentation approved by the AHJ.

Signature and statement of building owner stating that the authorized representative of the building, affirm and attest to the accuracy, truthfulness and completeness of the statements of material fact provided in this form.

Z6.8 Grouped Buildings Compliance with Standard 100 (Form J).

Grouped buildings identification:

a. Washington state grouped buildings ID;

b. County;

c. County parcel number(s);

d. Portfolio manager property ID number;

e. Property name;

f. Parent property name;

g. Address 1 (street);

h. Address 2;

i. City;

j. State;

k. Postal code.

Contact information:

a. Grouped buildings owner name(s);

b. Contact name;

c. Address 1 (street);

d. Address 2;

e. City;

f. State/province;

g. Country;

h. Postal code;

i. Telephone number;

j. Email address.

Qualified person:

a. Qualified person name;

b. Address 1 (street);

c. Address 2;

d. City;

e. State;

f. Postal code;

g. Telephone number;

h. Email address;

i. Licensed, certified (select all that apply):

i. Licensure; or

ii. Certifying authority.

Energy manager (if different than the qualified person):

a. Energy manager name;

b. Address 1 (street);

c. Address 2;

d. City;

e. State/province;

f. Postal code;

g. Country;

h. Telephone number;

i. Email address.

This compliance report is for:

a. Grouped buildings that meet the EUIt;

b. Grouped buildings that meet the investment criteria prior to the compliance date;

c. Grouped buildings that will meet the EUIt through conditional compliance;

i. Annual reporting;

ii. Completion reporting;

d. Grouped buildings that will meet the investment criteria through conditional compliance;

i. Annual reporting;

ii. Completion reporting.

Summary data:

a. EUIt.Energy use intensity target (EUIt) (kBtu/ft2/yr) based on Section Z6.2 Form B;

| Note: | Grouped buildings without an energy target unable to develop EUIt in accordance with Section 7.2.2 or 7.2.3 shall report: | | --- | --- | | | • National median site EUI (kBtu/ft2) as calculated by the Energy Star portfolio manager account on Form C. |

b. EUI. Measured site energy use intensity (EUI) (kBtu/ft2) for the grouped buildings' compliance year based on Section Z6.3 Form C;

| Notes: | 1. Grouped buildings unable to comply with Section 5.2 Building energy monitoring, and complete Section Z6.3 Form C, shall report: | | --- | --- | | | • Reason statement why EUI cannot be measured. | | | 2. Grouped buildings that will meet the EUIt through conditional compliance shall report the following based on Section Z6.4 Form D: | | | • Baseline EUI. | | | • Projected EUI. | | | 3. Grouped buildings that will meet investment criteria through conditional compliance shall report the following based on Section Z6.4 Form D: | | | • Baseline EUI and total kBtu. | | | • Projected EUI and total kBtu. | | | • Projected savings total kBtu. |

c. WNEUI. Measured weather normalized site energy use intensity (WNEUI) (kBtu/ft2) for the grouped buildings' compliance year based on Section Z6.3 Form C.

| Note: | In addition to the compliance year WNEUI, baseline WNEUI is also required for grouped buildings that will meet: | | --- | --- | | | 1. Investment criteria with a measurable EUI. | | | 2. Investment criteria through conditional compliance. | | | 3. Minimum energy use reduction. | | | 4. Space heating electrification (unless it is without measurable EUI). |

d. Date range. List the months/year of the collected data (mm/yyyy - mm/yyyy) for the grouped buildings' compliance year from Section Z6.3 Form C.

Have the energy management requirements of Section 5 been met in accordance with the compliance schedule outlined in Section Z3.2 for Tier 1 covered buildings, Section Y3.2 for Tier 2 covered buildings, and for campuses participating in the decarbonization plan by July 1, 2030, for buildings not covered, but connected to the district energy system? [ ] Yes [ ] No

• Upload energy management plan as specified by the AHJ.

Have the operation and maintenance requirements of Section 6 been met in accordance with the compliance schedule outlined in Section Z3.2 for Tier 1 covered buildings, Section Y3.2 for Tier 2 covered buildings, and for campuses participating in the decarbonization plan by July 1, 2030, for buildings not covered, but connected to the district energy system? [ ] Yes [ ] No

• Upload operation and maintenance implementation documentation as specified by the AHJ.

Date the audit and economic evaluation was completed (N/A if none required).

• Upload audit reports as specified by Section Z6.4 Form D.

Have all EEMs required by Section 8 been implemented? [ ] Yes [ ] No
Have the requirements of Section 9 been completed? [ ] Yes [ ] No
We state that these grouped buildings comply with ANSI/ASHRAE/IES Standard 100 as amended by the AHJ to conform with RCW 19.27A.210:

a. Signature of grouped buildings owner:

• Date:

b. Signature of qualified person:

• Date:

c. Signature of energy manager:

• Date:

d. Signature of authority having jurisdiction:

• Conditional or final compliance:

• Date:

Z6.9 Space heating electrification report, as specified by the AHJ. (Form E). The space heating electrification report shall address both pre and post electrification and must include:

Narrative system description. Identifying:

a. Existing space heating system and system capacity;

b. Replacement space heating heat pump(s) system and system capacity;

c. Any installed or remaining fossil fuel back-up or supplemental space heating system size;

d. Any remaining fossil fuel combustion appliance.

Inventory for space conditioning system.

a. Pre electrification inventory including:

i. Equipment type (boiler, furnace, rooftop unit, etc.);

ii. Date of installation or estimated age of existing equipment;

iii. Fuel type of existing equipment;

iv. Existing space heating system rated capacity (Btu/hr);

v. Seasonal efficiency of existing system (AFUE).

b. Post retrofit inventory, also listed in the EMP and O&M program, including:

i. Heat pump equipment specifications:

• Manufacturer, model and system type (air-source, water-source, VRF, geothermal);

• Rated heating capacity (Btu/hr) at AHRI/DOE test conditions;

• Coefficient of performance (COP) or heating seasonal performance factor (HSPF2).

ii. Date of installation;

iii. Installed space heating system capacity, with:

• Total capacity of heat pump equipment (sum of all units);

• Comparison of total capacity to modeled peak heating load.

iv. Installed or remaining auxiliary or back-up heating:

• Type (electric resistance, dual-fuel, district steam backup, fossil fuel, etc.);

• Description of control strategy for peak heat demand (only engage below certain temp, emergency use, etc.).

v. Any remaining nonspace heating fossil fuel combustion appliance(s) and size.

Verification of replacement.

a. Decommissioning confirmation: Name of decommissioning contractor and date equipment removed or permanently disabled;

b. Code official inspection report, contractor install verification report, and/or commissioning report, to confirm installation of new heating system;

c. For building activity types listed in Table 7-1: #96 Supermarket/Grocery Store, #100 Data Center, and #113 Cold Storage/Refrigerated Warehouse: Documentation confirming the space heating energy savings, as measured after equipment replacement, is greater than 10 EUI.

d. Any other energy code required documentation.

Heating load calculations.

a. Modeled peak heating load:

i. Methodology used (e.g., ASHRAE Heat Balance Method, ACCA Manual N, or Software);

ii. Software used (Name and version, e.g., EnergyPlus, Carrier HAP, Trane TRACE).

b. Outdoor design temperature used;

c. Annual heating load profile with typical daily and seasonal load variations;

d. Heating load diversity (space heating, ventilation heating, domestic hot water, etc.);

e. Heat pump system design capacity;

f. Building peak space heating load, demonstrating space heating heat pump(s) system capacity is designed to meet (serve) 90 percent of the building's annual heating demand.

Z7 Section 7—Tables as modified by Washington state.

Table 7-1 Building Activity Types/Activities

| | Building Activity Type1,2 | | | | | --- | --- | --- | --- | --- | | No. | Portfolio Manager Types | Portfolio Manager Sub-Types | Sub-Types: Detailed | Notes | | 1 | Banking/financial services | Bank Branch | | | | 2 | Banking/financial services | Financial Office | | | | 3 | Education | Adult Education | | | | 4 | Education | College/University | | 8,9 | | 5 | Education | K-12 School | Elementary/middle school | 9 | | 6 | Education | K-12 School | High school | 9 | | 7 | Education | Preschool/Daycare | | | | 8 | Education | Vocational School | | | | 9 | Education | Other - Education | | | | 10 | Entertainment/public assembly | Aquarium | | | | 11 | Entertainment/public assembly | Bar/Nightclub | | | | 12 | Entertainment/public assembly | Bowling Alley | | | | 13 | Entertainment/public assembly | Casino | | | | 14 | Entertainment/public assembly | Convention Center | | | | 15 | Entertainment/public assembly | Fitness Center/Health Club/Gym | | | | 16 | Entertainment/public assembly | Ice/Curling Rink | | | | 17 | Entertainment/public assembly | Indoor Arena | | | | 18 | Entertainment/public assembly | Movie Theater | | | | 19 | Entertainment/public assembly | Museum | | | | 20 | Entertainment/public assembly | Performing Arts | | | | 21 | Entertainment/public assembly | Race Track | | | | 22 | Entertainment/public assembly | Roller Rink | | | | 23 | Entertainment/public assembly | Social/Meeting Hall | | | | 24 | Entertainment/public assembly | Stadium (Closed) | | | | 25 | Entertainment/public assembly | Stadium (Open) | | | | 26 | Entertainment/public assembly | Swimming Pool | | | | 27 | Entertainment/public assembly | Zoo | | | | 28 | Entertainment/public assembly | Other - Entertainment/Public Assembly | Entertainment/culture | | | 29 | Entertainment/public assembly | Other - Entertainment/Public Assembly | Library | | | 30 | Entertainment/public assembly | Other - Entertainment/Public Assembly | Other public assembly | | | 31 | Entertainment/public assembly | Other - Entertainment/Public Assembly | Recreation | | | 32 | Entertainment/public assembly | Other - Entertainment/Public Assembly | Social/meeting | | | 33 | Entertainment/public assembly | Other - Recreation | | | | 34 | Entertainment/public assembly | Other - Stadium | | | | 35 | Food sales and service | Bar/Nightclub | | | | 36 | Food sales and service | Convenience Store with Gas Station | | | | 37 | Food sales and service | Convenience Store without Gas Station | | | | 38 | Food sales and service | Fast Food Restaurant | | | | 39 | Food sales and service | Food Sales | Grocery/food market | | | 40 | Food sales and service | Food Sales | Convenience store with gas | | | 41 | Food sales and service | Food Sales | Convenience store | | | 42 | Food sales and service | Food Sales | Other food sales | | | 43 | Food sales and service | Food Service | Fast food | | | 44 | Food sales and service | Food Service | Restaurant/cafeteria | | | 45 | Food sales and service | Food Service | Other food service | | | 46 | Food sales and service | Restaurant | | | | 47 | Food sales and service | Supermarket/Grocery Store | | | | 48 | Food sales and service | Wholesale Club/Supercenter | | | | 49 | Food sales and service | Other - Restaurant/Bar | | | | 50 | Healthcare | Ambulatory Surgical Center | | | | 51 | Healthcare | Hospital (General Medical & Surgical) | | 9 | | 52 | Healthcare | Medical Office | | 3 | | 53 | Healthcare | Outpatient Rehabilitation/Physical Therapy | | | | 54 | Healthcare | Residential Care Facility | | | | 55 | Healthcare | Senior Care Community | | 9 | | 56 | Healthcare | Urgent Care/Clinic/Other Outpatient | | | | 57 | Healthcare | Other - Specialty Hospital | | | | 58 | Lodging/residential | Barracks | | | | 59 | Lodging/residential | Hotel | Hotel | 9 | | 60 | Lodging/residential | Hotel | Motel or inn | | | 61 | Lodging/residential | Multifamily Housing | | 9 | | 62 | Lodging/residential | Prison/Incarceration | | 9 | | 63 | Lodging/residential | Residence Hall/Dormitory | | | | 64 | Lodging/residential | Residential Care Facility | | | | 65 | Lodging/residential | Senior Care Community | | 9 | | 66 | Lodging/residential | Other - Lodging/Residential | | | | 67 | Mixed use | Mixed Use Property | | 4 | | 68 | Office | Medical Office | | 3 | | 69 | Office | Office | Admin/professional office | | | 70 | Office | Office | Bank/other financial | | | 71 | Office | Office | Government office | | | 72 | Office | Office | Medical office (diagnostic) | 3 | | 73 | Office | Office | Other office | | | 74 | Office | Veterinary Office | | | | 75 | Office | Other - Office | | | | 76 | Public services | Courthouse | | | | 77 | Public services | Fire Station | | | | 78 | Public services | Library | | | | 79 | Public services | Mailing Center/Post Office | | | | 80 | Public services | Police Station | | | | 81 | Public services | Prison/Incarceration | | 9 | | 82 | Public services | Social/Meeting Hall | | | | 83 | Public services | Transportation Terminal/Station | | | | 84 | Public services | Other - Public Service | | | | 85 | Religious worship | Worship Facility | | | | 86 | Retail | Automobile Dealership | | | | 87 | Retail | Convenience Store with Gas Station | | | | 88 | Retail | Convenience Store without Gas Station | | | | 89 | Retail | Enclosed Mall | | 5 | | 90 | Retail | Lifestyle Center | Enclosed mall | 5 | | 91 | Retail | Lifestyle Center | Other retail | | | 92 | Retail | Lifestyle Center | Retail store | | | 93 | Retail | Lifestyle Center | | 4 | | 94 | Retail | Retail Store | | | | 95 | Retail | Strip Mall | | 4 | | 96 | Retail | Supermarket/Grocery Store | | | | 97 | Retail | Wholesale Club/Supercenter | | | | 98 | Retail | Other - Retail/Mall | Enclosed mall | 5 | | 99 | Retail | Other - Retail/Mall | | 4 | | 100 | Technology/science | Data Center | | 6 | | 101 | Technology/science | Laboratory | | | | 102 | Technology/science | Other - Technology/Science | Other service | | | 103 | Services | Personal Services (Health/Beauty, Dry Cleaning, etc.) | | | | 104 | Services | Repair Services (Vehicle, Shoe, Locksmith, etc.) | Repair shop | | | 105 | Services | Repair Services (Vehicle, Shoe, Locksmith, etc.) | Vehicle service/repair shop | | | 106 | Services | Repair Services (Vehicle, Shoe, Locksmith, etc.) | Vehicle storage/maintenance | | | 107 | Services | Other - Services | | | | 108 | Utility | Energy/Power Station | | 7 | | 109 | Utility | Other - Utility | | 7 | | 110 | Warehouse/storage | Self-Storage Facility | | | | 111 | Warehouse/storage | Distribution Center | | | | 112 | Warehouse/storage | Nonrefrigerated Warehouse | | | | 113 | Warehouse/storage | Refrigerated Warehouse | | |

| Notes: | 1. Select the most specific building activity type that applies. | | --- | --- | | | 2. Building Activity Types are defined by AHJ in Table 7-4. | | | 3. All medical offices considered to be diagnostic type. | | | 4. Must use of Section 7.2.3 method for mixed use buildings. | | | 5. Suggest considering use of Section 7.2.3 method for mixed use buildings. | | | 6. This is a building or activity without an energy target. Included to provide definition only. | | | 7. This is a building or activity without an energy target. This may be exempt from the standard, see Section Z4.1 (2)(d). | | | 8. Laboratories as defined by the college/university building activity type where the primary activity is for teaching practical science shall use the college/university building activity type target. College/university buildings with research laboratory building activities where the primary activities are of scientific research, measurement, and experiments are performed, can utilize building activity type 101 Laboratory for an area weighted EUIt. | | | 9. Building activity type target developed at the campus-level. As an alternative to complying at the building-level, these covered buildings may comply at a campus-level with the EUIt. "Campus-level" is an alternative reporting pathway for a collection of all buildings on adjoining property with a single shared primary function that act as a single property. |

Table 7-2a Building Activity Site Energy Targets (EUIt1) (I-P Units)

| | Building Activity Type1,2 | | Climate Zone 4C | Climate Zone 5B | | | | --- | --- | --- | --- | --- | --- | --- | | No. | Portfolio Manager Types | Portfolio Manager Sub-Types | Sub-Types: Detailed | Notes | Energy Target | Energy Target | | 1 | Banking/financial services | Bank Branch | | | 69 | 71 | | 2 | Banking/financial services | Financial Office | | | 69 | 71 | | 3 | Education | Adult Education | | | 49 | 51 | | 4 | Education | College/University | | 8, 9 | 102 | 102 | | 5 | Education | K-12 School | Elementary/middle school | 9 | 49 | 50 | | 6 | Education | K-12 School | High school | 9 | 48 | 49 | | 7 | Education | Preschool/Daycare | | | 59 | 59 | | 8 | Education | Vocational School | | | 49 | 51 | | 9 | Education | Other - Education | | | 49 | 51 | | 10 | Entertainment/public assembly | Aquarium | | | 55 | 59 | | 11 | Entertainment/public assembly | Bar/Nightclub | | | 55 | 59 | | 12 | Entertainment/public assembly | Bowling Alley | | | 73 | 78 | | 13 | Entertainment/public assembly | Casino | | | 55 | 59 | | 14 | Entertainment/public assembly | Convention Center | | | 50 | 52 | | 15 | Entertainment/public assembly | Fitness Center/Health Club/Gym | | | 73 | 78 | | 16 | Entertainment/public assembly | Ice/Curling Rink | | | 73 | 78 | | 17 | Entertainment/public assembly | Indoor Arena | | | 67 | 70 | | 18 | Entertainment/public assembly | Movie Theater | | | 67 | 70 | | 19 | Entertainment/public assembly | Museum | | | 67 | 70 | | 20 | Entertainment/public assembly | Performing Arts | | | 55 | 59 | | 21 | Entertainment/public assembly | Race Track | | | 67 | 70 | | 22 | Entertainment/public assembly | Roller Rink | | | 73 | 78 | | 23 | Entertainment/public assembly | Social/Meeting Hall | | | 50 | 52 | | 24 | Entertainment/public assembly | Stadium (Closed) | | | 67 | 70 | | 25 | Entertainment/public assembly | Stadium (Open) | | | 67 | 70 | | 26 | Entertainment/public assembly | Swimming Pool | | | 73 | 78 | | 27 | Entertainment/public assembly | Zoo | | | 55 | 59 | | 28 | Entertainment/public assembly | Other - Entertainment/Public Assembly | Entertainment/culture | | 67 | 70 | | 29 | Entertainment/public assembly | Other - Entertainment/Public Assembly | Library | | 56 | 59 | | 30 | Entertainment/public assembly | Other - Entertainment/Public Assembly | Other public assembly | | 55 | 59 | | 31 | Entertainment/public assembly | Other - Entertainment/Public Assembly | Recreation | | 73 | 78 | | 32 | Entertainment/public assembly | Other - Entertainment/Public Assembly | Social/meeting | | 50 | 52 | | 33 | Entertainment/public assembly | Other - Recreation | | | 73 | 78 | | 34 | Entertainment/public assembly | Other - Stadium | | | 67 | 70 | | 35 | Food sales and service | Bar/Nightclub | | | 361 | 378 | | 36 | Food sales and service | Convenience Store with Gas Station | | | 260 | 269 | | 37 | Food sales and service | Convenience Store without Gas Station | | | 244 | 253 | | 38 | Food sales and service | Fast Food Restaurant | | | 427 | 454 | | 39 | Food sales and service | Food Sales | Grocery/food market | | 191 | 198 | | 40 | Food sales and service | Food Sales | Convenience store with gas | | 260 | 269 | | 41 | Food sales and service | Food Sales | Convenience store | | 244 | 253 | | 42 | Food sales and service | Food Sales | Other food sales | | 184 | 189 | | 43 | Food sales and service | Food Service | Fast food | | 427 | 454 | | 44 | Food sales and service | Food Service | Restaurant/cafeteria | | 361 | 378 | | 45 | Food sales and service | Food Service | Other food service | | 293 | 308 | | 46 | Food sales and service | Restaurant | | | 361 | 378 | | 47 | Food sales and service | Supermarket/Grocery Store | | | 191 | 198 | | 48 | Food sales and service | Wholesale Club/Supercenter | | | 68 | 75 | | 49 | Food sales and service | Other - Restaurant/Bar | | | 361 | 378 | | 50 | Healthcare | Ambulatory Surgical Center | | | 90 | 96 | | 51 | Healthcare | Hospital (General Medical & Surgical)* | | 9 | 215 | 215 | | 52 | Healthcare | Medical Office | | 3 | | | | 53 | Healthcare | Outpatient Rehabilitation/Physical Therapy | | | 90 | 96 | | 54 | Healthcare | Residential Care Facility | | | 78 | 82 | | 55 | Healthcare | Senior Care Community | | 9 | 78 | 82 | | 56 | Healthcare | Urgent Care/Clinic/Other Outpatient | | | 90 | 96 | | 57 | Healthcare | Other - Specialty Hospital | | | 196 | 196 | | 58 | Lodging/residential | Barracks | | | 88 | 90 | | 59 | Lodging/residential | Hotel | Hotel | 9 | 68 | 72 | | 60 | Lodging/residential | Hotel | Motel or inn | | 74 | 77 | | 61 | Lodging/residential | Multifamily Housing | | 9 | 32 | 33 | | 62 | Lodging/residential | Prison/Incarceration | | 9 | 101 | 106 | | 63 | Lodging/residential | Residence Hall/Dormitory | | | 88 | 90 | | 64 | Lodging/residential | Residential Care Facility | | | 78 | 82 | | 65 | Lodging/residential | Senior Care Community | | 9 | 78 | 82 | | 66 | Lodging/residential | Other - Lodging/Residential | | | 71 | 74 | | 67 | Mixed use | Mixed Use Property | | 4 | | | | 68 | Office | Medical Office | | 3 | 60 | 65 | | 69 | Office | Office | Admin/professional office | | 63 | 66 | | 70 | Office | Office | Bank/other financial | | 69 | 71 | | 71 | Office | Office | Government office | | 66 | 69 | | 72 | Office | Office | Medical office (diagnostic) | 3 | 60 | 65 | | 73 | Office | Office | Other office | | 66 | 68 | | 74 | Office | Veterinary Office | | | 90 | 96 | | 75 | Office | Other - Office | | | 66 | 68 | | 76 | Public services | Courthouse | | | 101 | 106 | | 77 | Public services | Fire Station | | | 65 | 68 | | 78 | Public services | Library | | | 56 | 59 | | 79 | Public services | Mailing Center/Post Office | | | 51 | 54 | | 80 | Public services | Police Station | | | 65 | 68 | | 81 | Public services | Prison/Incarceration | | 9 | 101 | 106 | | 82 | Public services | Social/Meeting Hall | | | 50 | 52 | | 83 | Public services | Transportation Terminal/Station | | | 55 | 59 | | 84 | Public services | Other - Public Service | | | 66 | 69 | | 85 | Religious worship | Worship Facility | | | 39 | 42 | | 86 | Retail | Automobile Dealership | | | 59 | 66 | | 87 | Retail | Convenience Store with Gas Station | | | 260 | 269 | | 88 | Retail | Convenience Store without Gas Station | | | 244 | 253 | | 89 | Retail | Enclosed Mall | | 5 | 58 | 64 | | 90 | Retail | Lifestyle Center | Enclosed mall | 5 | 58 | 64 | | 91 | Retail | Lifestyle Center | Other retail | | 55 | 62 | | 92 | Retail | Lifestyle Center | Retail store | | 68 | 75 | | 93 | Retail | Lifestyle Center | | 4 | | | | 94 | Retail | Retail Store | | | 68 | 75 | | 95 | Retail | Strip Mall | | 4 | | | | 96 | Retail | Supermarket/Grocery Store | | | 191 | 198 | | 97 | Retail | Wholesale Club/Supercenter | | | 68 | 75 | | 98 | Retail | Other - Retail/Mall | Enclosed mall | 5 | 58 | 64 | | 99 | Retail | Other - Retail/Mall | | 4 | | | | 100 | Technology/science | Data Center | | 6 | | | | 101 | Technology/science | Laboratory | | | 237 | 249 | | 102 | Technology/science | Other - Technology/Science | Other service | | 66 | 69 | | 103 | Services | Personal Services (Health/Beauty, Dry Cleaning, etc.) | | | 66 | 69 | | 104 | Services | Repair Services (Vehicle, Shoe, Locksmith, etc.) | Repair shop | | 36 | 39 | | 105 | Services | Repair Services (Vehicle, Shoe, Locksmith, etc.) | Vehicle service/repair shop | | 60 | 64 | | 106 | Services | Repair Services (Vehicle, Shoe, Locksmith, etc.) | Vehicle storage/maintenance | | 41 | 44 | | 107 | Services | Other - Services | | | 66 | 69 | | 108 | Utility | Energy/Power Station | | 7 | | | | 109 | Utility | Other - Utility | | 7 | | | | 110 | Warehouse/storage | Self-Storage Facility | | | 36 | 44 | | 111 | Warehouse/storage | Distribution Center | | | 36 | 44 | | 112 | Warehouse/storage | Nonrefrigerated Warehouse | | | 36 | 44 | | 113 | Warehouse/storage | Refrigerated Warehouse | | | 121 | 126 |

Table 7-3 Building Operating Shifts Normalization Factor

| | Building Activity Type | | Weekly Hours1,2 | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | | No. | Portfolio Manager Types | Portfolio Manager Sub-Types | Sub-Types: Detailed | Notes | 50 or less | 51 to 167 | 168 | | 1 | Banking/financial services | Bank Branch | | 3 | 0.8 | 1.0 | 1.5 | | 2 | Banking/financial services | Financial Office | | 3 | 0.8 | 1.0 | 1.5 | | 3 | Education | Adult Education | | 4 | 0.9 | 1.1 | 1.9 | | 4 | Education | College/University | | 4,10 | 0.9 | 1.1 | 1.9 | | 5 | Education | K-12 School | Elementary/middle school | 4,10 | 0.9 | 1.1 | 1.9 | | 6 | Education | K-12 School | High school | 4,10 | 0.9 | 1.1 | 1.9 | | 7 | Education | Preschool/Daycare | | 4 | 0.9 | 1.1 | 1.9 | | 8 | Education | Vocational School | | 4 | 0.9 | 1.1 | 1.9 | | 9 | Education | Other - Education | | 4 | 0.9 | 1.1 | 1.9 | | 10 | Entertainment/public assembly | Aquarium | | 4, 9 | 0.6 | 1.1 | 1.6 | | 11 | Entertainment/public assembly | Bar/Nightclub | | 4 | 0.6 | 1.1 | 1.6 | | 12 | Entertainment/public assembly | Bowling Alley | | 4 | 0.6 | 1.1 | 1.6 | | 13 | Entertainment/public assembly | Casino | | 4 | 0.6 | 1.1 | 1.6 | | 14 | Entertainment/public assembly | Convention Center | | 4 | 0.6 | 1.1 | 1.6 | | 15 | Entertainment/public assembly | Fitness Center/Health Club/Gym | | 4 | 0.6 | 1.1 | 1.6 | | 16 | Entertainment/public assembly | Ice/Curling Rink | | 4 | 0.6 | 1.1 | 1.6 | | 17 | Entertainment/public assembly | Indoor Arena | | 4 | 0.6 | 1.1 | 1.6 | | 18 | Entertainment/public assembly | Movie Theater | | 4 | 0.6 | 1.1 | 1.6 | | 19 | Entertainment/public assembly | Museum | | 4, 9 | 0.6 | 1.1 | 1.6 | | 20 | Entertainment/public assembly | Performing Arts | | 4 | 0.6 | 1.1 | 1.6 | | 21 | Entertainment/public assembly | Race Track | | 4 | 0.6 | 1.1 | 1.6 | | 22 | Entertainment/public assembly | Roller Rink | | 4 | 0.6 | 1.1 | 1.6 | | 23 | Entertainment/public assembly | Social/Meeting Hall | | 4 | 0.6 | 1.1 | 1.6 | | 24 | Entertainment/public assembly | Stadium (Closed) | | 4 | 0.6 | 1.1 | 1.6 | | 25 | Entertainment/public assembly | Stadium (Open) | | 4 | 0.6 | 1.1 | 1.6 | | 26 | Entertainment/public assembly | Swimming Pool | | 4 | 0.6 | 1.1 | 1.6 | | 27 | Entertainment/public assembly | Zoo | | 4, 9 | 0.6 | 1.1 | 1.6 | | 28 | Entertainment/public assembly | Other - Entertainment/Public Assembly | Entertainment/culture | 4 | 0.6 | 1.1 | 1.6 | | 29 | Entertainment/public assembly | Other - Entertainment/Public Assembly | Library | 4 | 0.6 | 1.1 | 1.6 | | 30 | Entertainment/public assembly | Other - Entertainment/Public Assembly | Other public assembly | 4 | 0.6 | 1.1 | 1.6 | | 31 | Entertainment/public assembly | Other - Entertainment/Public Assembly | Recreation | 4 | 0.6 | 1.1 | 1.6 | | 32 | Entertainment/public assembly | Other - Entertainment/Public Assembly | Social/meeting | 4 | 0.6 | 1.1 | 1.6 | | 33 | Entertainment/public assembly | Other - Recreation | | 4 | 0.6 | 1.1 | 1.6 | | 34 | Entertainment/public assembly | Other - Stadium | | 4 | 0.6 | 1.1 | 1.6 | | 35 | Food sales and service | Bar/Nightclub | | 4 | 0.6 | 1.1 | 1.5 | | 36 | Food sales and service | Convenience Store with Gas Station | | 4 | 0.5 | 0.9 | 1.3 | | 37 | Food sales and service | Convenience Store without Gas Station | | 4 | 0.5 | 0.9 | 1.3 | | 38 | Food sales and service | Fast Food Restaurant | | 4 | 0.6 | 1.1 | 1.5 | | 39 | Food sales and service | Food Sales | Grocery/food market | 4 | 0.5 | 0.9 | 1.3 | | 40 | Food sales and service | Food Sales | Convenience store with gas | 4 | 0.5 | 0.9 | 1.3 | | 41 | Food sales and service | Food Sales | Convenience store | 4 | 0.5 | 0.9 | 1.3 | | 42 | Food sales and service | Food Sales | Other food sales | 4 | 0.5 | 0.9 | 1.3 | | 43 | Food sales and service | Food Service | Fast food | 4 | 0.6 | 1.1 | 1.5 | | 44 | Food sales and service | Food Service | Restaurant/cafeteria | 4 | 0.6 | 1.1 | 1.5 | | 45 | Food sales and service | Food Service | Other food service | 4 | 0.6 | 1.1 | 1.5 | | 46 | Food sales and service | Restaurant | | 4 | 0.6 | 1.1 | 1.5 | | 47 | Food sales and service | Supermarket/Grocery Store | | 4 | 0.5 | 0.9 | 1.3 | | 48 | Food sales and service | Wholesale Club/Supercenter | | 4 | 0.6 | 1.0 | 1.5 | | 49 | Food sales and service | Other - Restaurant/Bar | | 4 | 0.6 | 1.1 | 1.5 | | 50 | Healthcare | Ambulatory Surgical Center | | 4,7 | 0.8 | 1.1 | 1.3 | | 51 | Healthcare | Hospital (General Medical & Surgical) | | 10 | 1.0 | 1.0 | 1.0 | | 52 | Healthcare | Medical Office | | 4,7 | | | | | 53 | Healthcare | Outpatient Rehabilitation/Physical Therapy | | 4,7 | 0.8 | 1.1 | 1.3 | | 54 | Healthcare | Residential Care Facility | | | 1.0 | 1.0 | 1.0 | | 55 | Healthcare | Senior Care Community | | 10 | 1.0 | 1.0 | 1.0 | | 56 | Healthcare | Urgent Care/Clinic/Other Outpatient | | 4,7 | 0.8 | 1.1 | 1.3 | | 57 | Healthcare | Other - Specialty Hospital | | | 1.0 | 1.0 | 1.0 | | 58 | Lodging/residential | Barracks | | | 1.0 | 1.0 | 1.0 | | 59 | Lodging/residential | Hotel | Hotel | 10 | 1.0 | 1.0 | 1.0 | | 60 | Lodging/residential | Hotel | Motel or inn | | 1.0 | 1.0 | 1.0 | | 61 | Lodging/residential | Multifamily Housing | | 10 | 1.0 | 1.0 | 1.0 | | 62 | Lodging/residential | Prison/Incarceration | | 10 | 1.0 | 1.0 | 1.0 | | 63 | Lodging/residential | Residence Hall/Dormitory | | | 1.0 | 1.0 | 1.0 | | 64 | Lodging/residential | Residential Care Facility | | | 1.0 | 1.0 | 1.0 | | 65 | Lodging/residential | Senior Care Community | | 10 | 1.0 | 1.0 | 1.0 | | 66 | Lodging/residential | Other - Lodging/Residential | | | 1.0 | 1.0 | 1.0 | | 67 | Mixed use | Mixed Use Property | | 6 | | | | | 68 | Office | Medical Office | | 4,7 | 0.8 | 1.1 | 1.3 | | 69 | Office | Office | Admin/professional office | 3 | 0.8 | 1.0 | 1.5 | | 70 | Office | Office | Bank/other financial | 3 | 0.8 | 1.0 | 1.5 | | 71 | Office | Office | Government office | 3 | 0.8 | 1.0 | 1.5 | | 72 | Office | Office | Medical office (diagnostic) | 4 | 0.8 | 1.1 | 1.3 | | 73 | Office | Office | Other office | 3 | 0.8 | 1.0 | 1.5 | | 74 | Office | Veterinary Office | | 3 | 0.8 | 1.1 | 1.3 | | 75 | Office | Other - Office | | 3 | 0.8 | 1.0 | 1.5 | | 76 | Public services | Courthouse | | 4 | 0.8 | 0.8 | 1.1 | | 77 | Public services | Fire Station | | 3 | 0.8 | 0.8 | 1.1 | | 78 | Public services | Library | | 4 | 0.6 | 1.1 | 1.6 | | 79 | Public services | Mailing Center/Post Office | | 3 | 0.8 | 1.2 | 1.3 | | 80 | Public services | Police Station | | 3 | 0.8 | 0.8 | 1.1 | | 81 | Public services | Prison/Incarceration | | 10 | 1.0 | 1.0 | 1.0 | | 82 | Public services | Social/Meeting Hall | | 4 | 0.6 | 1.1 | 1.6 | | 83 | Public services | Transportation Terminal/Station | | 4 | 0.6 | 1.1 | 1.6 | | 84 | Public services | Other - Public Service | | 4 | 0.8 | 1.2 | 1.3 | | 85 | Religious worship | Worship Facility | | 5 | 0.9 | 1.7 | 1.7 | | 86 | Retail | Automobile Dealership | | 4 | 0.6 | 1.0 | 1.5 | | 87 | Retail | Convenience Store with Gas Station | | 4 | 0.5 | 0.9 | 1.3 | | 88 | Retail | Convenience Store without Gas Station | | 4 | 0.5 | 0.9 | 1.3 | | 89 | Retail | Enclosed Mall | | 4 | 0.6 | 1.0 | 1.5 | | 90 | Retail | Lifestyle Center | Enclosed mall | 4 | 0.6 | 1.0 | 1.5 | | 91 | Retail | Lifestyle Center | Other retail | 4 | 0.6 | 1.0 | 1.5 | | 92 | Retail | Lifestyle Center | Retail store | 4 | 0.6 | 1.0 | 1.5 | | 93 | Retail | Lifestyle Center | | | | | | | 94 | Retail | Retail Store | | 4 | 0.6 | 1.0 | 1.5 | | 95 | Retail | Strip Mall | | | | | | | 96 | Retail | Supermarket/Grocery Store | | 4 | 0.5 | 0.9 | 1.3 | | 97 | Retail | Wholesale Club/Supercenter | | 4 | 0.6 | 1.0 | 1.5 | | 98 | Retail | Other - Retail/Mall | Enclosed mall | 4 | 0.6 | 1.0 | 1.5 | | 99 | Retail | Other - Retail/Mall | | | | | | | 100 | Technology/science | Data Center | | | | | | | 101 | Technology/science | Laboratory | | 3 | 1.0 | 1.0 | 1.0 | | 102 | Technology/science | Other - Technology/Science | Other service | 3 | 0.8 | 1.2 | 1.3 | | 103 | Services | Personal Services (Health/Beauty, Dry Cleaning, etc.) | | 4 | 0.8 | 1.2 | 1.3 | | 104 | Services | Repair Services (Vehicle, Shoe, Locksmith, etc.) | Repair shop | 4 | 0.8 | 1.2 | 1.3 | | 105 | Services | Repair Services (Vehicle, Shoe, Locksmith, etc.) | Vehicle service/repair shop | 4 | 0.8 | 1.2 | 1.3 | | 106 | Services | Repair Services (Vehicle, Shoe, Locksmith, etc.) | Vehicle storage/maintenance | 4 | 0.8 | 1.2 | 1.3 | | 107 | Services | Other - Services | | 4 | 0.8 | 1.2 | 1.3 | | 108 | Utility | Energy/Power Station | | | | | | | 109 | Utility | Other - Utility | | | | | | | 110 | Warehouse/storage | Self-Storage Facility | | 4 | 0.8 | 1.0 | 1.4 | | 111 | Warehouse/storage | Distribution Center | | 3 | 0.8 | 1.0 | 1.4 | | 112 | Warehouse/storage | Nonrefrigerated Warehouse | | 3 | 0.8 | 1.0 | 1.4 | | 113 | Warehouse/storage | Refrigerated Warehouse | | 3,8 | 1.0 | 1.0 | 1.4 |

| Notes: | 1. Do not count the hours when the property is occupied only by maintenance, security, the cleaning crew, or other support personnel. Do not count the hours when the property is occupied only by maintenance staff. | | --- | --- | | | 2. Weekly hours are based on the average use over the 12-month period selected to document energy use in form C. | | | 3. The weekly hours are the total number of hours per week where the majority of workers are present. If there are two or more shifts of workers, add the hours. When developing targets using Section 7.2.3 for mixed use buildings, use the hours each separate activity, the hours per week the majority of workers are present. | | | 4. The weekly hours are the hours that be majority of the building is open for normal business operations. When developing targets using Section 7.2.3 for mixed use buildings, the hours each separate activity is open for normal business operations. | | | 5. The weekly hours the facility is open for operation, which may include worship services, choir practice, administrative use, committee meetings, classes, or other activities. | | | 6. Must use of Section 7.2.3 method for mixed use buildings. | | | 7. Health care buildings may use other weekly hours if they are required to operate building systems additional hours to protect patient and staff safety. Provide documentation of the requirement in the energy management plan. | | | 8. Refrigerated warehouse greater than 167 hours assumes the workers on shift are loading and/or unloading vehicles. | | | 9. Aquariums, museums, and zoos may use other weekly hours if they are required to operate building systems additional hours to protect building contents. Provide documentation of the requirement in the energy management plan. | | | 10. College/university, K-12 school, hospital (general medical and surgical), prison/incarceration, senior care community, hotel, and multifamily housing building activity types complying at the campus-level (footnote 9 of Tables 7-1, 7-2a, and 7-4) shall apply the campus-level shift normalization factor to the area weighted aggregate EUIt. Include all space uses listed in the campus-level building activity type (college/university, K-12 school, hospital, prison, senior care community, hotel, multifamily housing) Table 7-4 definitions. For space uses not listed in the campus-level building activity type definitions, the specific space use may use their specific shift normalization factor. |

Table 7-4 Building Activity Type Definitions Table

| | Building Activity Type1,2 | Notes | Clean Buildings Performance Standard Definitions | | | | --- | --- | --- | --- | --- | --- | | | Definitions are provided to define building activity types and the spaces within to include as gross floor area. Unless otherwise defined, gross floor area shall include all space within the building and not space outside the building, such as exterior/outside loading bays or docks, open air stairwells and breezeways and vehicle parking and parking garages. Definitions are not necessarily exclusive. For Tier 1 covered buildings, the qualified person, or for Tier 2 covered buildings, the qualified energy manager shall determine the gross floor area associated with each identified building activity type using industry standards guidance documents provided by the AHJ. | | | | | | No. | Portfolio Manager Types | Portfolio Manager Sub-Types | Sub-Types: Detailed | | | | 0 | Nontarget space | | | | Nontarget space refers to space within a building with a building activity type without an energy target or not listed in Table 7-1. Use #0 Nontarget space for space other than those described in the available building activity types in this table. See Exceptions to 7.2.3 for more information. Gross floor area should include all nontarget space within the building. | | 1 | Banking/financial services | Bank Branch | | | Bank branch refers to a commercial banking outlet that offers banking services to walk-in customers. Gross floor area should include all space within the building, including banking areas, vaults, lobbies, atriums, kitchens used by staff, restrooms, conference rooms, storage areas, stairways, and elevator shafts. | | 2 | Banking/financial services | Financial Office | | | Financial office refers to buildings used for financial services such as bank headquarters and securities and brokerage firms. Gross floor area should include all space within the building, including offices, trading floors, conference rooms and auditoriums, vaults, restrooms, kitchens used by staff, lobbies, atriums, fitness areas for staff, storage areas, stairways, and elevator shafts. | | 3 | Education | Adult Education | | | Adult education refers to buildings used primarily for providing adult students with continuing education, workforce development, or professional development outside of the college or university setting. Gross floor area should include all space within the building, including classrooms, administrative space, conference rooms, kitchens used by staff, lobbies, cafeterias, auditoriums, restrooms, stairways, atriums, elevator shafts, and storage areas. | | 4 | Education | College/University | | 8, 9 | College/university refers to buildings used for the purpose of higher education. This includes public and private colleges and universities. Gross floor area should include all space within the building, including classrooms, libraries, laboratory classrooms, offices, cafeterias, maintenance facilities, arts facilities, athletic facilities, residential areas, storage rooms, restrooms, elevator shafts, and stairways. | | 5 | Education | K-12 School | Elementary/middle school | 9 | K-12 school refers to buildings or campuses used as a school for kindergarten through 12th grade students. This does not include college or university classroom facilities/laboratories, vocational, technical, trade, adult, or continuing education schools, preschools, or day care facilities. If the school serves any of the above student populations (e.g., an elementary school that includes prekindergarten), at least 75 percent of the students must be in grades kindergarten through 12. Gross floor area should include all space within the building, including classrooms, libraries, administrative space, conference rooms, restrooms, kitchens used by staff, lobbies, cafeterias, gymnasiums, auditoriums, laboratory classrooms, portable classrooms, greenhouses, stairways, atriums, elevator shafts, small landscaping sheds, and storage areas. | | 6 | Education | K-12 School | High School | 9 | | | 7 | Education | Preschool/Daycare | | | Preschool/daycare applies to buildings used for educational programs or daytime supervision/recreation for young children before they attend kindergarten. Gross floor area should include all space within the building, including classrooms, libraries, administrative space, conference rooms, restrooms, kitchens used by staff, lobbies, cafeterias, gymnasiums, auditoriums, stairways, elevator shafts, and storage areas. | | 8 | Education | Vocational School | | | Vocational school refers to buildings primarily designed to teach skilled trades to students, including trade and technical schools. Typically, vocational schools are commonly post-secondary education, consisting of 1-2 years of technical/trade training. Gross floor area should include all space within the building, including classrooms, libraries, administrative space, conference rooms, restrooms, kitchens used by staff, lobbies, cafeterias, gymnasiums, auditoriums, laboratory classrooms, stairways, elevator shafts, and storage areas. | | 9 | Education | Other - Education | | | Other - Education refers to buildings used for religious, community, or other educational purposes that do not meet the definition of any other building activity type defined in Table 7-4 (i.e., educational purposes other than adult education, college/university, K-12 school, preschool/daycare and vocational schools). Gross floor area should include all space within the building, including classrooms, libraries, administrative space, conference rooms, restrooms, kitchens used by staff, lobbies, cafeterias, auditoriums, laboratory classrooms, stairways, elevator shafts, and storage areas. | | 10 | Entertainment/public assembly | Aquarium | | | Aquarium refers to buildings used to provide aquatic habitat primarily to live animals and which may include public or private viewing areas and educational programs. Gross floor area should include public and restricted areas such as visitor walkways, tank space, retail areas, restaurants, restrooms, laboratories, classrooms, administrative/office space, mechanical rooms, storage areas, elevator shafts, and stairwells. | | 11 | Entertainment/public assembly | Bar/Nightclub | | | Bar/nightclub refers to buildings used primarily for social/entertainment purposes and is characterized by most of the revenue being generated from the sale of beverages instead of food. Gross floor area should include all space within the building, including standing/seating areas, stage/dressing room areas, food/drink preparation or kitchen areas, retail areas, restrooms, administrative/office space, mechanical rooms, storage areas, elevator shafts, and stairwells. Properties whose primary business revenue is generated from the sale of food should be entered using one of the restaurant building activity types, even if there is a bar. | | 12 | Entertainment/public assembly | Bowling Alley | | | Bowling alley refers to buildings used for public or private, recreational or professional bowling. Gross floor area should include all space within the building, including bowling lanes, concession areas, restrooms, party rooms, retail areas, administrative/office space, employee break rooms, storage areas, and mechanical rooms. | | 13 | Entertainment/public assembly | Casino | | | Casino refers to buildings primarily used to conduct gambling activities including both electronic and live table games. Gross floor area should include all space within the building, including the main casino floor/gaming area, restaurants/bars, retail areas, administrative/office space, restrooms, mechanical rooms, storage areas, elevator shafts, and stairwells. If your casino is in the same building as a hotel, enter a separate hotel building activity type. | | 14 | Entertainment/public assembly | Convention Center | | | Convention center refers to buildings used primarily for large conferences, exhibitions, and similar events. Convention centers may include a diverse variety of spaces, including large exhibition halls, meeting rooms, and concession stands. Gross floor area should include all space within the building, including exhibit halls, preparation and staging areas, meeting rooms, concession stands, offices, restrooms, break rooms, security areas, elevator shafts, and stairwells. Conference facilities located within a hotel should be included along with your hotel building activity type details, rather than added as a separate convention center building activity type. Conference facilities primarily serving smaller meetings should be entered as social/meeting hall. | | 15 | Entertainment/public assembly | Fitness Center/Health Club/Gym | | | Fitness center/health club/gym refers to buildings used for recreational or professional athletic training and related activities. Gross floor area should include all space within the building, including weight and cardio equipment areas, personal training areas, courts, locker rooms, restrooms, sauna and spa areas, retail areas, administrative/office space, mechanical rooms, storage areas, elevator shafts, and stairwells. | | 16 | Entertainment/public assembly | Ice/Curling Rink | | | Ice/curling rink refers to buildings that include one or more ice sheets used for public or private, recreational or professional skating, hockey, or ringette. Gross floor area should include all space within the building, including ice area, spectator areas, concession stands, retail areas, locker rooms, restrooms, administrative/office areas, employee break rooms, mechanical rooms, and storage areas. Larger facilities primarily serving professional or collegiate functions and with significant spectator seating (above 5,000 seats) should be entered as indoor arena. | | 17 | Entertainment/public assembly | Indoor Arena | | | Indoor arena refers to enclosed structures used for professional or collegiate sports and entertainment events. Examples of events held in indoor arenas include basketball and hockey games, circus performances, and concerts. Indoor arenas usually have capacities of 5,000 seats or more and are often characterized by multiple concourses and concession areas. Gross floor area should include all space within the building, including court/rink space, all concourse space on which workers or guests can walk, concession areas, retail stores, restaurants, administrative/office areas, restrooms, employee break rooms, kitchens, mechanical rooms, storage areas, elevator shafts, and stairwells. | | 18 | Entertainment/public assembly | Movie Theater | | | Movie theater refers to buildings used for public or private film screenings. Gross floor area should include all space within the building, including seating areas, lobbies, concession stands, restrooms, administrative/office space, mechanical rooms, storage areas, elevator shafts, and stairwells. | | 19 | Entertainment/public assembly | Museum | | | Museum refers to buildings that display collections to outside visitors for public viewing and enjoyment and for informational/educational purposes. Gross floor area should include all space within the building, including public collection display areas, meeting rooms, classrooms, gift shops, food service areas, restrooms, administrative/office space, mechanical rooms, storage areas for collections, elevator shafts, and stairwells. | | 20 | Entertainment/public assembly | Performing Arts | | | Performing arts refers to buildings used for public or private artistic or musical performances. Gross floor area should include all space within the building, including seating, stage and backstage areas, food service areas, restrooms, retail areas, rehearsal studios, administrative/office space, mechanical rooms, storage areas, elevator shafts, and stairwells. | | 21 | Entertainment/public assembly | Race Track | | | Race track refers to buildings used primarily to hold racing events such as vehicle races, track/field races, horse races, and/or dog-races. Gross floor area should include all spectator viewing areas, concourse space on which workers or guests can walk, concession areas, retail stores, restaurants, restrooms, administrative/office areas, employee break rooms, mechanical rooms, storage areas, elevator shafts, and stairwells. The footprint of the race track itself should also be included in the gross floor area, along with the footprint of any staging areas. | | 22 | Entertainment/public assembly | Roller Rink | | | Roller rink refers to buildings used primarily for roller-skating, inline skating/rollerblading, or skateboarding. Gross floor area should include all space within the building, including the rink space, concession areas, restrooms, locker rooms, retail areas, administrative/office areas, employee break rooms, mechanical rooms, and storage areas. | | 23 | Entertainment/public assembly | Social/Meeting Hall | | | Social/meeting hall refers to buildings primarily used for public or private gatherings. This may include community group meetings, seminars, workshops, or performances. Please note that there is another building activity type available, convention center, for large exhibition and conference facilities. Gross floor area should include all space within the building, including meeting rooms, auditoriums, food service areas, restrooms, lobbies, administrative/office space, mechanical rooms, storage areas, elevator shafts, and stairwells. | | 24 | Entertainment/public assembly | Stadium (Closed) | | | Stadium (closed) refers to structures with a permanent or retractable roof which are used primarily for professional or collegiate sports and entertainment events. Examples of events held in closed stadiums include baseball and football games, and concerts. Closed stadiums usually have capacities of 25,000 seats or more and are often characterized by multiple concourses and concession areas. Gross floor area should include all space within the building(s), including concourse space on which workers or guests can walk, concession areas, retail stores, restaurants, administrative/office areas, restrooms, employee break rooms, kitchens, mechanical rooms, storage areas, elevator shafts, and stairwells. The footprint of the playing field should also be included in the gross floor area. | | 25 | Entertainment/public assembly | Stadium (Open) | | | Stadium (open) refers to structures used primarily for professional or collegiate sports and entertainment events in which the playing field is not covered and is exposed to the outside. Examples of events held in open stadiums include baseball, football, and soccer games, and concerts. Open stadiums usually have capacities of 5,000 seats or more and are often characterized by multiple concourses and concession areas. Gross floor area should include all space within the building(s), including concourse space on which workers or guests can walk, concession areas, retail stores, restaurants, administrative/office areas, restrooms, employee break rooms, kitchens, mechanical rooms, storage areas, elevator shafts, and stairwells. The footprint of the playing field should also be included in the gross floor area. | | 26 | Entertainment/public assembly | Swimming Pool | | | Swimming pool refers to any heated swimming pools located inside a building. | | 27 | Entertainment/public assembly | Zoo | | | Zoo refers to buildings used primarily to provide habitat to live animals and which may include public or private viewing and educational programs. Gross floor area should include all space within all fully enclosed buildings, including habitats, visitor viewing areas, theaters, classrooms, food service areas, restrooms, retail stores, veterinary offices, exhibit space, administrative/office space, mechanical rooms, storage areas, elevator shafts, and stairwells. | | 28 | Entertainment/public assembly | Other - Entertainment/Public Assembly | Entertainment/culture | | Entertainment/culture refers to buildings providing entertainment and/or cultural services that do not meet the definition of any other building activity type defined in Table 7-4. | | 29 | Entertainment/public assembly | Other - Entertainment/Public Assembly | Library | | Library refers to buildings used to store and manage collections of literary and artistic materials such as books, periodicals, newspapers, films, etc. that can be used for reference or lending. Gross floor area should include all space within the building, including circulation rooms, storage areas, reading/study rooms, administrative space, kitchens used by staff, lobbies, conference rooms and auditoriums, fitness areas for staff, restrooms, storage areas, stairways, and elevator shafts. | | 30 | Entertainment/public assembly | Other - Entertainment/Public Assembly | Other public assembly | | Other public assembly refers to buildings primarily used for entertainment or public gatherings that do not meet the definition of any other building activity type defined in Table 7-4. Gross floor area should include all space within the building, including entertainment areas, administrative areas, and supporting areas such as storage rooms, hallways, restrooms, stairways, and maintenance areas. | | 31 | Entertainment/public assembly | Other - Entertainment/ Public Assembly | Recreation | | Recreation refers to buildings primarily used for recreation that do not meet the definition of any other building activity type defined in Table 7-4. Gross floor area should include all space within the building, including recreational areas, restrooms, and supporting activities such as mechanical rooms, storage areas, elevator shafts, and stairwells. | | 32 | Entertainment/public assembly | Other - Entertainment/ Public Assembly | Social/meeting | | Social/meeting hall refers to buildings primarily used for public or private gatherings. This may include community group meetings, seminars, workshops, or performances. Please note that there is another building activity type available, convention center, for large exhibition and conference facilities. Gross floor area should include all space within the building, including meeting rooms, auditoriums, food service areas, restrooms, lobbies, administrative/office space, mechanical rooms, storage areas, elevator shafts, and stairwells. | | 33 | Entertainment/public assembly | Other - Recreation | | | Other - Recreation refers to buildings primarily used for recreation that do not meet the definition of any other building activity type defined in Table 7-4. Gross floor area should include all space within the building, including recreational areas, restrooms, and supporting activities such as mechanical rooms, storage areas, elevator shafts, and stairwells. | | 34 | Entertainment/public assembly | Other - Stadium | | | Other - Stadium refers to buildings primarily used for sporting events that do not meet the definition of any other building activity type defined in Table 7-4. Gross floor area should include all space within the building, including areas for athletic activity and spectator seating, restrooms, and supporting activities such as mechanical rooms, storage areas, elevator shafts, and stairwells. | | 35 | Food sales and service | Bar/Nightclub | | | Bar/nightclub refers to buildings used primarily for preparation and sale of ready-to-eat food and beverages, but with secondary purposes characterized by revenue generated from social/entertainment services and associated sale of beverages instead of food. Examples include restaurants with lounges and nightclubs featuring entertainment together or separate from dining. Gross floor area should include all space within the building, including kitchens, sales areas, dining areas, offices, restrooms, staff break rooms, and storage areas. | | 36 | Food sales and service | Convenience Store with Gas Station | | | Convenience store with gas station refers to buildings that are colocated with gas stations and are used for the sale of a limited range of items such as groceries, toiletries, newspapers, soft drinks, tobacco products, and other everyday items. Convenience store with gas station may include space for vehicle servicing and repair. Gross floor area should include all space within the building, including sales floors, offices, restrooms, staff break rooms, storage areas, and vehicle repair areas. | | 37 | Food sales and service | Convenience Store without Gas Station | | | Convenience store without gas station refers to buildings used for the sale of a limited range of items such as groceries, toiletries, newspapers, soft drinks, tobacco products, and other everyday items, which are not colocated with a gas station. Gross floor area should include all space within the building, including sales floors, offices, restrooms, staff break rooms, and storage areas. | | 38 | Food sales and service | Fast Food Restaurant | | | Fast food restaurant, also known as quick service restaurant, refers to buildings used for the preparation and sale of ready-to-eat food. Fast food restaurants are characterized by a limited menu of food prepared quickly (often within a few minutes), and sometimes cooked in bulk in advance and kept hot. Gross floor area should include all space within the building, including kitchens, sales areas, dining areas, offices, restrooms, staff break rooms, and storage areas. | | 39 | Food sales and service | Food Sales | Supermarket/Grocery Store/Food Market | | Supermarket/grocery store/food market refers to buildings used for the retail sale of primarily food and beverage products, and which may include small amounts of preparation and sale of ready-to-eat food. Buildings where the primary business is the on-site preparation and sale of ready-to-eat food should use one of the restaurant building activity types. Gross floor area should include all space within the building, including the sales floor, offices, storage areas, kitchens, restrooms, staff break rooms, and stairwells. | | 40 | Food sales and service | Food Sales | Convenience store with gas | | Convenience store with gas station refers to buildings that are colocated with gas stations and are used for the sale of a limited range of items such as groceries, toiletries, newspapers, soft drinks, tobacco products, and other everyday items. Convenience store with gas station may include space for vehicle servicing and repair. Gross floor area should include all space within the building, including sales floors, offices, restrooms, staff break rooms, storage areas, and vehicle repair areas. | | 41 | Food sales and service | Food Sales | Convenience store | | Convenience store without gas station refers to buildings used for the sale of a limited range of items such as groceries, toiletries, newspapers, soft drinks, tobacco products, and other everyday items, which are not colocated with a gas station. Gross floor area should include all space within the building, including sales floors, offices, restrooms, staff break rooms, and storage areas. | | 42 | Food sales and service | Food Sales | Other food sales | | Other food sales refers to buildings used for the sales of food on either a retail or wholesale basis, but which do not meet the definition of supermarket/grocery store/food market, convenience store, or convenience store with gas stations. For example, specialty food sales like a cheese shop or butcher. Gross floor area should include all space within the building, including sales areas, storage areas, offices, kitchens, restrooms, and staff break rooms. | | 43 | Food sales and service | Food Sales | Fast Food | | Fast food restaurant, also known as quick service restaurant, refers to buildings used for the preparation and sale of ready-to-eat food. Fast food restaurants are characterized by a limited menu of food prepared quickly (often within a few minutes), and sometimes cooked in bulk in advance and kept hot. Gross floor area should include all space within the building, including kitchens, sales areas, dining areas, offices, restrooms, staff break rooms, and storage areas. | | 44 | Food sales and service | Food Sales | Restaurant/cafeteria | | Restaurant/cafeteria refers to buildings used for preparation and sale of ready-to-eat food and beverages, but which do not fit in the fast food building activity type. Examples include fast casual, casual, and fine dining restaurants. Gross floor area should include all space within the building, including kitchens, sales areas, dining areas, offices, restrooms, staff break rooms, and storage areas. | | 45 | Food sales and service | Food Sales | Other food service | | Other food service refers to buildings used for preparation and sale of food and beverages, but which do not meet the definition of restaurant or bar/nightclub. For example, a bakery or coffee shop. Gross floor area should include all space within the building, including kitchens, sales areas, dining areas, offices, restrooms, staff break rooms, and storage areas. | | 46 | Food sales and service | Restaurant | | | Restaurant refers to buildings used for preparation and sale of ready-to-eat food and beverages, but which do not fit in the fast food building activity type. Examples include fast casual, casual, and fine dining restaurants. Gross floor area should include all space within the building, including kitchens, sales areas, dining areas, offices, restrooms, staff break rooms, and storage areas. | | 47 | Food sales and service | Supermarket/Grocery Store | | | Supermarket/grocery store refers to buildings used for the retail sale of primarily food and beverage products, and which may include small amounts of preparation and sale of ready-to-eat food. Buildings where the primary business is the on-site preparation and sale of ready-to-eat food should use one of the restaurant building activity types. Gross floor area should include all space within the building, including the sales floor, offices, storage areas, kitchens, restrooms, staff break rooms, and stairwells. | | 48 | Food sales and service | Wholesale Club/Supercenter | | | Wholesale club/supercenter refers to buildings used to conduct the retail sale of a wide variety of merchandise, typically in bulk quantities. Merchandise may include food, clothing, office supplies, furniture, electronics, books, sporting goods, toys, and hardware. Gross floor area should include all space within the building, including the sales floor, offices, storage areas, kitchens, restrooms, staff break rooms, elevators, and stairwells. | | 49 | Food sales and service | Other - Restaurant/Bar | | | Other - Restaurant/bar refers to buildings used for preparation and sale of ready-to-eat food and beverages, but which does not fit into the fast food restaurant, restaurant, or bar/nightclub building activity types. Gross floor area should include all space within the building, including kitchens, sales areas, dining areas, restrooms, staff break rooms, and storage areas. | | 50 | Health care | Ambulatory Surgical Center | | | Ambulatory surgical centers refers to health care facilities that provide same-day surgical care, including diagnostic and preventive procedures. Gross floor area should include all space within the building, including offices, operating and recovery rooms, waiting rooms, restrooms, employee break rooms and kitchens, elevator shafts, stairways, mechanical rooms, and storage areas. | | 51 | Health care | Hospital (General Medical & Surgical) | | 9 | Hospital refers to a general medical and surgical hospital (including critical access hospitals and children's hospitals). These facilities provide acute care services intended to treat patients for short periods of time, including emergency medical care, physician's office services, diagnostic care, ambulatory care, surgical care, and limited specialty services such as rehabilitation and cancer care. The definition of hospital accounts for all space types owned by the hospital that are located within the hospital building/campus, including nonclinical spaces such as administrative offices, food service, retail, hotels, and power plant, so long as they serve the primary function of the hospital and act as a single property. Gross floor area should include all space within the building/campus including operating rooms, bedrooms, emergency treatment areas, and medical offices, exam rooms, laboratories, lobbies, atriums, cafeterias, restrooms, stairways, corridors connecting buildings, storage areas, and elevator shafts. | | 52 | Health care | Medical Office | | 3 | All medical offices considered to be diagnostic type. | | 53 | Health care | Outpatient Rehabilitation/Physical Therapy | | | Outpatient rehabilitation/physical therapy offices refers to buildings used to provide diagnosis and treatment for rehabilitation and physical therapy. Gross floor area should include all space within the building, including offices, exam rooms, waiting rooms, indoor pool areas, atriums, employee break rooms and kitchens, restrooms, elevator shafts, stairways, mechanical rooms, and storage areas. | | 54 | Health care | Residential Care Facility | | | Residential care facilities refers to buildings that provide rehabilitative and restorative care to patients on a long-term or permanent basis. Residential care facilities treat mental health issues, substance abuse, and rehabilitation for injury, illness, and disabilities. This building activity type is intended for facilities that offer long-term residential care to residents of all ages who may need assistance with activities of daily living. If a facility is designed to provide nursing and assistance to seniors only, then the senior care community building activity type should be used. Gross floor area should include all space within the building, including individual rooms or units, wellness centers, exam rooms, community rooms, small shops or service areas for residents and visitors (e.g., hair salons, convenience stores), staff offices, lobbies, atriums, cafeterias, kitchens, restrooms, storage areas, hallways, basements, stairways, corridors between buildings, and elevator shafts. | | 55 | Health care | Senior Care Community | | 9 | Senior care community refers to buildings that house and provide care and assistance for elderly residents, specifically homes (skilled nursing facilities) and assisted living facilities as defined under the use designations of the Washington state edition of the International Building Code Group I. It is not intended for retirement or other senior communities that offer only independent living. For community with only independent living, use multifamily housing building activity type. Gross floor area should include all space within the building, including individual rooms or units, wellness centers, exam rooms, community rooms, small shops or service areas for residents and visitors (e.g., hair salons, convenience stores), staff offices, lobbies, atriums, cafeterias, kitchens, restrooms, storage areas, hallways, basements, stairways, corridors between buildings, and elevator shafts. | | 56 | Health care | Urgent Care/Clinic/Other Outpatient | | | Urgent care center/clinic/other outpatient office refers to buildings used to diagnose and treat patients, usually on an unscheduled, walk-in basis, who have an injury or illness that requires immediate care but is not serious enough to warrant a visit to an emergency department. Includes facilities that provide same-day surgical, diagnostic and preventive care. Gross floor area should include all space within the building, including offices, exam rooms, waiting rooms, atriums, employee break rooms and kitchens, restrooms, elevator shafts, stairways, mechanical rooms, and storage areas. | | 57 | Health care | Other - Specialty Hospital | | | Other/specialty hospitals refers to long-term acute care hospitals, inpatient rehabilitation facilities, including cancer centers and psychiatric and substance abuse hospitals/facilities. Gross floor area should include all space within the building/complex, including medical offices, patient rooms, laboratories, lobbies, atriums, cafeterias, restrooms, stairways, corridors connecting buildings, storage areas, and elevator shafts. | | 58 | Lodging/residential | Barracks | | | Barracks refers to residential buildings associated with military facilities or educational institutions, which offer multiple accommodations for long-term residents. Gross floor area should include all space within the building, including bedrooms, common areas, food service facilities, restrooms, laundry facilities, meeting spaces, exercise rooms, health club/spas, lobbies, elevator shafts, storage areas, and stairways. | | 59 | Lodging/residential | Hotel | Hotel | 9 | Hotel refers to buildings renting overnight accommodations on a room/suite and nightly basis, and typically include a bath/shower and other facilities in guest rooms. Hotel properties typically have daily services available to guests including housekeeping/laundry and a front desk/concierge. Hotel does not apply to properties where more than 50 percent of the floor area is occupied by fractional ownership units such as condominiums or vacation timeshares, or to private residences that are rented out on a daily or weekly basis. Hotel properties should be majority-owned by a single entity and have rooms available on a nightly basis. Condominiums or time shares should select the multifamily housing building activity type. Gross floor area should include all interior space within the building, including guestrooms, halls, lobbies, atriums, food preparation and restaurant space, conference and banquet space, fitness centers/spas, laundry facilities, elevator shafts, stairways, mechanical rooms, storage areas, restrooms, employee break rooms, and back-of-house offices. | | 60 | Lodging/residential | Hotel | Motel or inn | | Motel is a hotel like lodging where most rooms are entered from the exterior. Gross floor area should include all interior space within the building, including guestrooms, halls, lobbies, atriums, food preparation and restaurant space, conference and banquet space, fitness centers/spas, laundry facilities, elevator shafts, stairways, mechanical rooms, storage areas, restrooms, employee break rooms, and back-of-house offices. | | 61 | Lodging/residential | Multifamily Housing | | 9 | Multifamily housing refers to a covered multifamily building containing sleeping units or more than five dwelling units where occupants are primarily permanent in nature as defined under the use designations of the Washington state edition of the International Building Code Group R-2 or Group R-3. Group R-2 includes all residential occupancies containing sleeping units or more than two dwelling units where the occupants are primarily permanent in nature. Group R-3 includes residential occupancies where the occupants are primarily permanent in nature and not classified as Group R-1, R-2, R-4, or I. Nontransient is occupancy for 30 days or more. Some examples of the types of buildings that fall within Group R-2 or R-3 include, but are not limited to, buildings used for the following: (1) Apartment houses; (2) Congregate living facilities (nontransient), such as: (a) Boarding houses; (b) Convents and Monasteries; (3) Hotels and Motels (nontransient). For condominium common space, other than those described in the available building activity types in this table, use multifamily housing. Use multifamily housing for nontransient hotels. Gross floor area should include management offices or other spaces that may not contain living units. Gross floor area should include all interior space within the building, including living space in each unit (including occupied and unoccupied units), interior common areas (e.g., lobbies, offices, community rooms, common kitchens, fitness rooms), hallways, stairwells, elevator shafts, connecting corridors between buildings, storage areas, restrooms, and mechanical space such as a boiler room. | | 62 | Lodging/residential | Prison/Incarceration | | 9 | Prison/incarceration refers to federal, state, local, or private-sector buildings used for the detention of persons awaiting trial or convicted of crimes. Gross floor area should include all space within the building, including holding cells, cafeterias, administrative spaces, kitchens, lobbies, atriums, conference rooms and auditoriums, fitness areas, storage areas, restrooms, stairways, and elevator shafts. | | 63 | Lodging/residential | Residence Hall/Dormitory | | | Residence hall/dormitory refers to buildings associated with educational institutions or military facilities, which offer multiple accommodations for long-term residents. Gross floor area should include all space within the building, including bedrooms, common areas, food service facilities, restrooms, laundry facilities, meeting spaces, exercise rooms, health club/spas, lobbies, elevator shafts, storage areas, and stairways. | | 64 | Lodging/residential | Residential Care Facility | | | Residential care facilities refers to buildings that provide rehabilitative and restorative care to patients on a long-term or permanent basis. Residential care facilities treat mental health issues, substance abuse, and rehabilitation for injury, illness, and disabilities. This building activity type is intended for facilities that offer long-term residential care to residents of all ages who may need assistance with activities of daily living. If a facility is designed to provide nursing and assistance to seniors only, then the senior care community building activity type should be used. Gross floor area should include all space within the building, including individual rooms or units, wellness centers, exam rooms, community rooms, small shops or service areas for residents and visitors (e.g., hair salons, convenience stores), staff offices, lobbies, atriums, cafeterias, kitchens, restrooms, storage areas, hallways, basements, stairways, corridors between buildings, and elevator shafts. | | 65 | Lodging/residential | Senior Care Community | | 9 | Senior care community refers to buildings that house and provide care and assistance for elderly residents, specifically homes (skilled nursing facilities) and assisted living facilities as defined under the use designations of the Washington state edition of the International Building Code Group I. It is not intended for retirement or other senior communities that offer only independent living. A community with only independent living should benchmark as a multifamily property. Gross floor area should include all space within the building, including individual rooms or units, wellness centers, exam rooms, community rooms, small shops or service areas for residents and visitors (e.g., hair salons, convenience stores), staff offices, lobbies, atriums, cafeterias, kitchens, restrooms, storage areas, hallways, basements, stairways, corridors between buildings, and elevator shafts. | | 66 | Lodging/ residential | Other - Lodging/Residential | | | Other - Lodging/residential refers to buildings used for residential purposes other than those described in the available building activity types in this table (i.e., residential other than multifamily residential, single family home, senior care community, residence hall/dormitory, barracks, prison/incarceration, or hotel). Gross floor area should include all space within the building, including living areas, common areas, and administrative space, kitchens used by staff, lobbies, waiting areas, cafeterias, restrooms, stairways, atriums, elevator shafts, and storage areas. | | 67 | Mixed use | Mixed Use Property | | 4 | Must use of Section 7.2.3 method for mixed use buildings, area weighted EUIt based on building activity types. | | 68 | Office | Medical Office | | 3 | Medical office refers to buildings used to provide diagnosis and treatment for medical, dental, or psychiatric outpatient care. Gross floor area should include all space within the building, including offices, exam rooms, laboratories, lobbies, atriums, conference rooms and auditoriums, employee break rooms and kitchens, restrooms, elevator shafts, stairways, mechanical rooms, and storage areas. If you have restaurants, retail (pharmacy), or services (dry cleaners) within the medical office, you should most likely include this square footage and energy in the medical office building activity type. | | 69 | Office | Office | Admin/professional office | | Administrative/professional office refers to buildings used for the conduct of commercial business activities. Gross floor area should include all space within the building, including offices, conference rooms and auditoriums, kitchens used by staff, lobbies, fitness areas for staff, restrooms, storage areas, stairways, and elevator shafts. | | 70 | Office | Office | Bank/other financial | | Financial office refers to buildings used for financial services such as bank headquarters and securities and brokerage firms. Gross floor area should include all space within the building, including offices, trading floors, conference rooms and auditoriums, vaults, kitchens used by staff, lobbies, atriums, fitness areas for staff, restrooms, storage areas, stairways, and elevator shafts. | | 71 | Office | Office | Government office | | Government office is an office used by employees of federal, state, county, or city governments. Gross floor area should include all space within the building, including offices, conference rooms and auditoriums, kitchens used by staff, lobbies, fitness areas for staff, restrooms, storage areas, stairways, and elevator shafts. | | 72 | Office | Office | Medical office (diagnostic) | 3 | Medical office refers to buildings used to provide diagnosis and treatment for medical, dental, or psychiatric outpatient care. Gross floor area should include all space within the building, including offices, exam rooms, laboratories, lobbies, atriums, conference rooms and auditoriums, employee break rooms and kitchens, restrooms, elevator shafts, stairways, mechanical rooms, and storage areas. | | 73 | Office | Office | Other office | | Other office is an office that does not meet the definition of any of the other office building activity type defined in Table 7-4. | | 74 | Office | Veterinary Office | | | Veterinary office refers to buildings used for the medical care and treatment of animals. Gross floor area should include all space within the building, including offices, exam rooms, waiting rooms, atriums, employee break rooms and kitchens, restrooms, elevator shafts, stairways, mechanical rooms, and storage areas. | | 75 | Office | Other - Office | | | Other office is an office that does not meet the definition of any of the other office building activity type defined in Table 7-4. | | 76 | Public services | Courthouse | | | Courthouse refers to buildings used for federal, state, or local courts, and associated administrative office space. Gross floor area should include all space within the building, including temporary holding cells, chambers, kitchens used by staff, lobbies, atriums, conference rooms and auditoriums, fitness areas for staff, restrooms, storage areas, stairways, and elevator shafts. | | 77 | Public services | Fire Station | | | Fire station refers to buildings used to provide emergency response services associated with fires. Fire stations may be staffed by either volunteer or full-time paid firefighters. Gross floor area should include all space within the building, including office areas, vehicle storage areas, residential areas (if applicable), storage areas, break rooms, restrooms, kitchens, elevator shafts, and stairwells. | | 78 | Public services | Library | | | Library refers to buildings used to store and manage collections of literary and artistic materials such as books, periodicals, newspapers, films, etc. that can be used for reference or lending. Gross floor area should include all space within the building, including circulation rooms, storage areas, reading/study rooms, administrative space, kitchens used by staff, lobbies, conference rooms and auditoriums, fitness areas for staff, restrooms, storage areas, stairways, and elevator shafts. | | 79 | Public services | Mailing Center/Post Office | | | Mailing center/post office refers to buildings used as retail establishments dedicated to mail and mailing supplies. This includes U.S. Post Offices, in addition to private retailers that offer priority mail services and mailing supplies. Gross floor area should include all space within the building, including retail counters, administrative space, kitchens used by staff, restrooms, lobbies, conference rooms, storage areas, stairways, and mechanical rooms. | | 80 | Public services | Police Station | | | Police station applies to buildings used for federal, state, or local police forces and their associated office space. Gross floor area should include all space within the building, including offices, temporary holding cells, kitchens used by staff, restrooms, lobbies, atriums, conference rooms and auditoriums, fitness areas for staff, storage areas, stairways, and elevator shafts. | | 81 | Public services | Prison/Incarceration | | 9 | Prison/incarceration refers to federal, state, local, or private-sector buildings used for the detention of persons awaiting trial or convicted of crimes. Gross floor area should include all space within the building, including holding cells, cafeterias, administrative spaces, kitchens, restrooms, lobbies, atriums, conference rooms and auditoriums, fitness areas, storage areas, stairways, and elevator shafts. | | 82 | Public services | Social/Meeting Hall | | | Social/meeting hall refers to buildings primarily used for public or private gatherings. This may include community group meetings, seminars, workshops, or performances. Please note that there is another building activity type available, convention center, for large exhibition and conference facilities. Gross floor area should include all space within the building, including meeting rooms, auditoriums, food service areas, restrooms, lobbies, administrative/office space, mechanical rooms, storage areas, elevator shafts, and stairwells. | | 83 | Public services | Transportation Terminal/Station | | | Transportation terminal/station applies to buildings used primarily for accessing public or private transportation. This includes train stations, bus stations, airports, and seaports. These terminals include areas for ticket purchases, and embarkation/disembarkation, and may also include public waiting areas with restaurants and other concessions. Gross floor area should include all space within the building, including boarding areas, waiting areas, administrative space, kitchens used by staff, restrooms, lobbies, restaurants, cafeterias, stairways, atriums, elevator shafts, and storage areas. | | 84 | Public services | Other - Public Service | | | Other - Public service refers to buildings used by public-sector organizations to provide public services other than those described in the available building activity types in this table (i.e., services other than offices, courthouses, drinking water treatment and distribution plants, fire stations, libraries, mailing centers or post offices, police stations, prisons or incarceration facilities, social or meeting halls, transportation terminals or stations, or wastewater treatment plants). Gross floor area should include all space within the building, including administrative space, kitchens used by staff, restrooms, lobbies, waiting areas, cafeterias, stairways, atriums, elevator shafts, landscaping sheds, and storage areas. | | 85 | Religious worship | Worship Facility | | | Worship facility refers to buildings that are used as places of worship. This includes churches, temples, mosques, synagogues, meetinghouses, or any other buildings that primarily function as a place of religious worship. Gross floor area should include all areas inside the building that includes the primary worship area, including food preparation, community rooms, classrooms, and supporting areas such as restrooms, storage areas, hallways, and elevator shafts. | | 86 | Retail | Automobile Dealership | | | Automobile dealership refers to buildings used for the sale of new or used cars and light trucks. Gross floor area should include all space within the building, including sales floors, offices, conference rooms, vehicle service centers, parts storage areas, waiting rooms, staff break rooms, restrooms, hallways, and stairwells. | | 87 | Retail | Convenience Store with Gas Station | | | Convenience store with gas station refers to buildings that are colocated with gas stations and are used for the sale of a limited range of items such as groceries, toiletries, newspapers, soft drinks, tobacco products, and other everyday items. Convenience store with gas station may include space for vehicle servicing and repair. Gross floor area should include all space within the building, including sales floors, offices, restrooms, staff break rooms, storage areas, and vehicle repair areas. | | 88 | Retail | Convenience Store without Gas Station | | | Convenience store without gas station refers to buildings used for the sale of a limited range of items such as groceries, toiletries, newspapers, soft drinks, tobacco products, and other everyday items, which are not colocated with a gas station. Gross floor area should include all space within the building, including sales floors, offices, restrooms, staff break rooms, and storage areas. | | 89 | Retail | Enclosed Mall | | 5 | Enclosed mall refers to buildings that house multiple stores, often "anchored" by one or more department stores, and with interior walkways. Most stores will not have entrances accessible from outside, with the exception of the "anchor" stores. Gross floor area should include all space within the building, including retail stores, offices, food courts, restaurants, storage areas, restrooms, staff break rooms, atriums, walkways, stairwells, and mechanical rooms. | | 90 | Retail | Lifestyle Center | Enclosed mall | 5 | Enclosed mall refers to buildings that house multiple stores, often "anchored" by one or more department stores, and with interior walkways. Most stores will not have entrances accessible from outside, with the exception of the "anchor" stores. Gross floor area should include all space within the building, including retail stores, offices, food courts, restaurants, storage areas, restrooms, staff break rooms, atriums, walkways, stairwells, and mechanical rooms. | | 91 | Retail | Lifestyle Center | Other retail | | Other - Retail refers to a mixed-use commercial development that includes retail stores and leisure amenities that do not meet the definition of lifestyle center - retail store. Gross floor area should include all space within the building, including retail stores, offices, food courts, restaurants, residential areas, storage areas, restrooms, staff break rooms, walkways, stairwells, and mechanical areas. | | 92 | Retail | Lifestyle Center | Retail store | | Lifestyle center refers to a mixed-use commercial development that includes retail stores and leisure amenities, where individual retail stores typically contain an entrance accessible from the outside and are not connected by internal walkways. Lifestyle centers have an open-air design, unlike traditional enclosed malls, and often include landscaped pedestrian areas, as well as streets and vehicle parking. Gross floor area should include all space within the building, including retail stores, offices, food courts, restaurants, residential areas, storage areas, restrooms, staff break rooms, walkways, stairwells, and mechanical areas. | | 93 | Retail | Lifestyle Center | | 4 | Must use of Section 7.2.3 method for mixed use buildings. | | 94 | Retail | Retail Store | | | Retail store refers to individual stores used to conduct the retail sale of nonfood consumer goods such as clothing, books, toys, sporting goods, office supplies, hardware, and electronics. Buildings containing multiple stores should be classified as enclosed mall, lifestyle center, or strip mall. Gross floor area should include all space within the building, including sales areas, storage areas, offices, restrooms, staff break rooms, elevators, and stairwells. | | 95 | Retail | Strip Mall | | 4 | Strip mall refers to buildings comprising more than one retail store, restaurant, or other business, in an open-air configuration where each establishment has an exterior entrance to the public and there are no internal walkways. Gross floor area should include all space within the building, including retail stores, offices, restaurants, storage areas, restrooms, staff break rooms, and stairwells. | | 96 | Retail | Supermarket/Grocery Store | | | Supermarket/grocery store refers to buildings used for the retail sale of primarily food and beverage products, and which may include small amounts of preparation and sale of ready-to-eat food. Buildings where the primary business is the on-site preparation and sale of ready-to-eat food should use one of the restaurant building activity types. Gross floor area should include all space within the building, including the sales floor, offices, storage areas, kitchens, restrooms, staff break rooms, and stairwells. | | 97 | Retail | Wholesale Club/Supercenter | | | Wholesale club/supercenter refers to buildings used to conduct the retail sale of a wide variety of merchandise, typically in bulk quantities. Merchandise may include food, clothing, office supplies, furniture, electronics, books, sporting goods, toys, and hardware. Gross floor area should include all space within the building, including the sales floor, offices, storage areas, kitchens, restrooms, staff break rooms, elevators, and stairwells. | | 98 | Retail | Other - Retail/Mall | Enclosed mall | 5 | Enclosed mall refers to buildings that house multiple stores, often "anchored" by one or more department stores, and with interior walkways. Most stores will not have entrances accessible from outside, with the exception of the "anchor" stores. Gross floor area should include all space within the building, including retail stores, offices, food courts, restaurants, storage areas, restrooms, staff break rooms, atriums, walkways, stairwells, and mechanical rooms. | | 99 | Retail | Other - Retail/Mall | | 4 | Must use of Section 7.2.3 method for mixed use buildings. | | 100 | Technology/science | Data Center | | 6 | Data center refers to an activity space or buildings specifically designed and equipped to meet the needs of high density computing equipment, such as server racks, used for data storage and processing, including dedicated uninterruptible power supplies and cooling systems and require a constant power load of 75 kW or more. Gross floor area shall only include space within the building, including raised floor computing space, server rack aisles, storage silos, control console areas, battery rooms and mechanical rooms for dedicated cooling equipment. Gross floor area shall not include a server closet, telecommunications equipment closet, computer training area, office, elevator, corridors, or other auxiliary space. This is a building or activity without an energy target. Included to provide definition only. | | 101 | Technology/science | Laboratory | | | Laboratory refers to buildings that provide controlled conditions in which scientific research, measurement, and experiments are performed or practical science is taught. Gross floor area should include all space within the building, including workstations/hoods, offices, conference rooms, restrooms, storage areas, decontamination rooms, mechanical rooms, elevator shafts, and stairwells. | | 102 | Technology/science | Other - Technology/Science | Other service | | Other - Technology/science refers to buildings used for science and technology related services other than laboratories and data centers. Gross floor area should include all space within the building, including areas with the main business activity, production areas, administrative offices, restrooms, employee break areas, stairways, atriums, elevator shafts, and storage areas. | | 103 | Services | Personal Services (Health/Beauty, Dry Cleaning, etc.) | | | Personal services refers to buildings used to sell services rather than physical goods. Examples include dry cleaners, salons, spas, etc. Gross floor area should include all space within the building, including sales floors, offices, storage areas, restrooms, staff break rooms, walkways, and stairwells. | | 104 | Services | Repair Services (Vehicle, Shoe,Locksmith, etc.) | Repair shop | | Repair services refers to buildings in which repair service is provided other than vehicle repair or maintenance. Examples include vehicle service or repair shops, shoe repair, jewelry repair, locksmiths, etc. Gross floor area should include all space within the building, including sales floors, repair areas, workshops, offices, parts storage areas, waiting rooms, restrooms, staff break rooms, hallways, and stairwells. | | 105 | Services | Repair Services (Vehicle, Shoe, Locksmith, etc.) | Vehicle service/repair shop | | Vehicle service/repair shop refers to buildings in which vehicle repair service is provided. Examples include vehicle mechanical repair, body and paint shops, muffler, brake and tire shops. Gross floor area should include all space within the building, including sales floors, repair areas, workshops, offices, parts storage areas, waiting rooms, restrooms, staff break rooms, hallways, and stairwells. | | 106 | Services | Repair Services (Vehicle, Shoe, Locksmith, etc.) | Vehicle storage/maintenance | | Repair services - Vehicle storage/maintenance refers to buildings in which vehicle storage or maintenance service is provided. Examples include warehousing of vehicles and maintenance services such as vehicle washing/detailing. Gross floor area should include all space within the building, including sales floors, maintenance areas, repair areas, workshops, offices, storage areas, waiting rooms, restrooms, staff break rooms, hallways, and stairwells. | | 107 | Services | Other - Services | | | Other - Services refers to buildings in which primarily services are offered, but which does not fit into the personal services or repair services building activity type. Examples include kennels, photo processing shops, etc. Gross floor area should include all space within the building, including sales floors, offices, storage areas, restrooms, staff break rooms, walkways, and stairwells. | | 108 | Utility | Energy/Power Station | | 7 | Energy/power station applies to buildings containing machinery and/or associated equipment for generating electricity or district heat (steam, hot water, or chilled water) from a raw fuel, including fossil fuel power plants, traditional district heat power plants, combined heat and power plants, nuclear reactors, hydroelectric dams, or facilities associated with a solar or wind farm. Gross floor area should include all space within the building, including power generation areas (boilers, turbines, etc.), administrative space, cooling towers, kitchens used by staff, restrooms, lobbies, meeting rooms, cafeterias, stairways, elevator shafts, and storage areas (which may include fossil fuel storage tanks or bins). This is a building or activity without an energy target. This may be exempt from the standard, see Section Z4.1 2, d. | | 109 | Utility | Other - Utility | | 7 | Other - Utility applies to buildings used by a utility for some purpose other than general office or energy/power generation. This may include utility transfer stations or maintenance facilities. Note that an administrative office occupied by a utility should be entered as office, and a power or energy generation plant should be entered as energy/power station. Gross floor area should include all space within the building, including administrative space, maintenance and equipment areas, generator rooms, kitchens used by staff, restrooms, lobbies, meeting rooms, stairways, elevator shafts, and storage areas. This is a building or activity without an energy target. This may be exempt from the standard, see Section Z4.1 (2)(d) or Y4.1 (2)(d). | | 110 | Warehouse/storage | Self-Storage Facility | | | Self-storage facility refers to buildings that are used for private storage. Typically, a single self-storage facility will contain a variety of individual units that are rented out for the purpose of storing personal belongings. Gross floor area should include all space within the building, including individual storage units, administrative offices, security and maintenance areas, mechanical rooms, hallways, stairways, and elevator shafts. | | 111 | Warehouse/storage | Distribution Center | | | Distribution center refers to unrefrigerated buildings that are used for the temporary storage and redistribution of goods, manufactured products, merchandise or raw materials. Buildings that are used primarily for assembling, modifying, manufacturing, or growing goods, products, merchandise or raw material should be classified as manufacturing facility. This may be exempt from the standard, see Section Z4.1 (2)(d) or Y4.1 (2)(d). Gross floor area should include all space within the building, including space designed to store nonperishable goods and merchandise, offices, lobbies, stairways, restrooms, equipment storage areas, and elevator shafts. | | 112 | Warehouse/storage | Nonrefrigerated Warehouse | | | Nonrefrigerated warehouse refers to unrefrigerated buildings that are used to store goods, manufactured products, merchandise or raw materials. Buildings that are used primarily for assembling, modifying, manufacturing, or growing goods, products, merchandise or raw material should be classified as manufacturing facility. This may be exempt from the standard, see Section Z4.1 (2)(d) or Y4.1 (2)(d). Gross floor area should include all space within the building, including the main storage rooms, administrative offices, lobbies, stairways, restrooms, equipment storage areas, and elevator shafts. | | 113 | Warehouse/storage | Refrigerated Warehouse | | | Refrigerated warehouse refers to refrigerated buildings that are used to store or redistribute perishable goods or merchandise under refrigeration at temperatures below 50 degrees Fahrenheit (10 degrees Celsius). Buildings that are used primarily for assembling, modifying, manufacturing, or growing goods, products, merchandise or raw material should be classified as manufacturing facility. This may be exempt from the standard, see Section Z4.1 (2)(d) or Y4.1 (2)(d). Gross floor area should include all space within the building, which includes temperature controlled areas, administrative offices, lobbies, stairways, restrooms, equipment storage areas, and elevator shafts. |

| Notes: | 1. Select the most specific building activity type that applies. | | --- | --- | | | 2. Building activity types are defined by AHJ in Table 7-4. | | | 3. All medical offices considered to be diagnostic type. | | | 4. Must use of Section 7.2.3 method for mixed use buildings. | | | 5. Suggest considering use of Section 7.2.3 method for mixed use buildings. | | | 6. This is a building or activity without an energy target. Included to provide definition only. | | | 7. This is a building or activity without an energy target. This may be exempt from the standard, see Section Z4.1 (2)(d). | | | 8. Laboratories as defined by the college/university building activity type where the primary activity is for teaching practical science shall use the college/university building activity type target. College/university buildings with research laboratory building activities where the primary activities are of scientific research, measurement, and experiments are performed, can utilize building activity type 101 laboratory for an area weighted EUIt. | | | 9. Building activity type target developed at the campus-level. As an alternative to complying at the building-level, these covered buildings may comply at a campus-level with the EUIt. "Campus-level" is an alternative reporting pathway for a collection of all buildings on adjoining property with a single shared primary function that act as a single property. |

Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency.

Wash. Admin. Code § 194-50-160 Normative Annex Y—Washington state Tier 2 covered buildings reporting requirements—This is a normative annex and is part of the Tier 2 covered building requirements of this standard.

WAC 194-50-160

Y1 Building owner notifications by the AHJ.

Y1.1 Notification to building owners of covered buildings by the AHJ. Based on records obtained from each county assessor and other available information sources, the AHJ must create a database of covered buildings and building owners required to comply with the standard established in accordance with this section. The database may include buildings and building complexes presumed to meet the definition of covered building and multifamily residential buildings greater than 20,000 square feet in floor area.

Y1.1.1 The database will contain information about buildings that may be subject to compliance and their owners. The database will also contain information to assist tracking and reporting on building owner compliance, and incentive application and distribution. Commerce will create a method for tracking building owner notification responses. Each building or building complex will be assigned a unique building identifier.

Y1.2 By July 1, 2025, the AHJ must provide the owners of covered buildings with notification of compliance requirements.

Y1.3 Failure by the AHJ to provide the notification in Section Y1.2 does not release the building owner of the legal obligation to comply with this law. When a covered building undergoes a change of ownership, it is the buyer's responsibility to contact the AHJ and update the covered building's profile.

Y2 Building owner response to notifications.

Y2.1 Correction of errors.Building owners are responsible for reviewing the property and building information provided by the AHJ through notification including, but not limited to, building or building complex ownership details, gross floor area, and other information as identified by the building owner.

Y2.1.1 Correction of errors documentation.Building owners who are notified in error may submit a correction to the AHJ. The correction will be used to document gross floor area (conditioned and unconditioned) and/or building type.

Y3 Washington state reporting requirements for building owners.

Y3.1 General compliance. The building owner of a Tier 2 covered building must report compliance with the standard to the AHJ in accordance with the compliance schedule established under Section Y3.2 and every five years thereafter. For each reporting date, the building owner must submit documentation to demonstrate that:

The weather normalized energy use intensity (WNEUI) of the Tier 2 covered building measured in a period not to exceed two years prior to the compliance date specified in Section Y3.2 Compliance schedule compared to the energy use intensity target; and has developed and is maintaining an energy management plan (EMP) in accordance with Section 5, including an operations and maintenance (O&M) program in accordance with Section 6; or
The covered building has received a Tier 2 covered building extension in accordance with Exceptions to Section Y3.2: Extension; or
The covered building is exempt from the standard by demonstrating that the building meets one of the criteria for an exemption.

Y3.2 Compliance schedule. The building owner of a Tier 2 covered building must report the building owner's compliance with the standard to the AHJ in accordance with the appropriate initial compliance date as follows and every five years thereafter.

Compliance date. For a building with more than 20,000 gross square feet but less than 50,001 gross square feet and all multifamily residential buildings more than 20,000 gross square feet: July 1, 2027.
Graduated group compliance date.Covered buildings complying at a grouped building level shall use the compliance schedule representing the earliest applicable covered building compliance date, or the compliance schedule can be graduated through the conditional compliance provisions of the standard in accordance with individual covered buildings size cohort compliance schedules of Sections Z3.2, Y3.2, and W3.2. Notify the AHJ a minimum of 180 days prior to the covered building's earliest compliance date when complying at a grouped building level to update the covered building profile(s) and when applicable, to apply for conditional compliance in accordance with Section Z4.4 or Z4.5.

Exceptions to Y3.2: Extension.Covered buildings are eligible for a two-year compliance date extension if the building owner or its authorized representative submits an extension application to the AHJ, no sooner than six months prior to and up to six months after the applicable compliance date. The application to request an extension must include documentation supporting the reason for the extension, and meet at least one of the following criteria:

Beyond control.Building owner experiences conditions beyond their control, the effects of which could not have been avoided by exercising reasonable diligence, which substantially interfere with compliance efforts or schedule, including:

a. Natural disasters declared by appropriate governmental officials;

b. Goods and services shortages causing delays.

Change of ownership.Building owner purchases building in an arm's length transaction, with a date of purchase within 12 months prior to or on the exact compliance date.
Financial restrictions.Building owner has financial restrictions requiring additional time to demonstrate full compliance.

Financial hardship in accordance with Annex Y, Section Y4.1 (2)(g), affecting cash flow.

New construction.Building owner has active or recent construction with a valid building/demolition permit limiting the ability to obtain 12 consecutive months of measured energy use prior to the building compliance date. New construction includes addition, remodel, or demolition modifying at least 10 percent of the square footage and affecting conditions of compliance which require additional time to demonstrate full compliance.
EMP and O&M.Building owner complies with the requirements of the standard for benchmarking (Section 5.2 Building energy monitoring, and Section 7.2.1 Determining energy use intensity target (EUIt)) can receive an extension to comply with the EMP and O&M program requirements (Section 4.2 Energy management plan and operations and maintenance program). Where energy use is not monitored at the covered building level, benchmarking shall be performed at the connected building level.

An extension granted pursuant to this subsection is valid for two years beyond the covered building's compliance date. Upon expiration of the two-year extension, building owner must submit an application to the AHJ, for an exemption or to demonstrate compliance, or they will be subject to potential penalties.

Y3.2.1 Early compliance option.Building owners may submit for compliance to the AHJ beginning July 1, 2025. Energy use data for developing the net energy consumption of the covered building shall be measured in a period not to exceed two years prior to the submission of compliance documentation. This section expires June 1, 2027.

Y3.2.2 Application for Tier 2 covered building conditional compliance.

(RESCINDED) See Exceptions to Y3.2 Extension 5. EMP and O&M.

Y3.2.3 Application for exemption.Building owners submitting an application for exemption as specified in Section Y4.1 must submit to the AHJ no sooner than two years prior and no later than 180 days prior to the compliance date to receive exemption approval prior to the compliance date.

Y4 Documentation of compliance with the standard. Documentation of compliance shall be submitted to the AHJ demonstrating the building owner has complied with the standard through submission of documentation in accordance with Section Y4.1, Y4.2 or Y4.3.

Y4.1 Documentation of compliance through exemption.Building owners seeking approval of exemption shall submit to the AHJ Section Y6.7 Form H, "Application for Exemption Certificate," documenting the following:

Exemption conditions. Exemptions are applied at the building-level. Exemptions shall not be applied at the grouped building level. The building qualifies for one of the exemptions listed in Y4.1(2), and:

a. Exemption verification. Compliance with the exemption must be verified by the owner based on the building as it is to be occupied and operating on the compliance date.

b. Exemption application time frame. Applications for exemptions may be submitted no sooner than two years prior to the compliance date and submitted to the AHJ no later than 180 days prior to the compliance date.

c. Exemption certificate validity. Exemptions certificates are only valid for the current compliance review cycle.

Exemptions.Covered buildings are not eligible for exemption from the standards unless they meet one or a combination of multiple exemptions (a through d) affecting more than 50 percent of the building square footage, of the following criteria:

c. Unconditioned and semi-heated space. The sum of the building's gross floor area minus unconditioned and semi-heated spaces, as defined in the Washington State Energy Code, is less than 20,000 square feet.

i. Factory group F; or

ii. High hazard group H.

e. Agricultural. The building is an agricultural structure.

f. Demolition. The building is pending demolition.

g. Financial hardship. The building meets at least one of the following conditions of financial hardship:

i. Taxes or charges. The building had arrears of property taxes or water or wastewater charges that resulted in the building's inclusion, within the prior two years, on a city or county's annual tax lien sale list.

ii. Receivership. The building has a court-appointed receiver in control of the asset due to financial distress.

iii. Foreclosure. The building is owned by a financial institution through default by a borrower.

iv. Conveyance in lieu of foreclosure. The building has been acquired by a deed in lieu of foreclosure within the previous 24 months.

v. Senior mortgage default. The building has a senior mortgage subject to a notice of default.

vii. Hospital. The building is a public hospital in a public hospital district that lacks the debt capacity to cover the cost of compliance.

Notification of exemption approved or denied. After documents have been submitted and reviewed, the AHJ will send notification of approval or denial.

a. If the exemption is approved, the AHJ shall notify the applicant stating the application has been approved and update the AHJ records for the building.

b. If the exemption is denied, the AHJ shall notify the applicant stating the application has been denied and update the AHJ records for the building.

i. Requesting hearing for denied exemption. See Section Y5.7 Administrative hearings.

Compliance required when exemption denied. When an application for exemption is denied, the building owner must proceed with the process to demonstrate compliance with one of the compliance options in Washington state reporting requirements for building owners in Section Y4.2 Documentation of compliance for Tier 2 covered buildings or Exceptions to Y3.2: Extension.

Y4.2 Documentation of compliance for Tier 2 covered buildings.Building owners must provide the following documentation to verify that the building WNEUI is compared to the building EUIt and that the energy management plan (EMP), including the operations and maintenance (O&M) program is complete and being implemented.

Energy management plan (EMP);
EMP reporting tool;
Operations and maintenance (O&M) program;
O&M reporting tool;
Form A - Summary compliance with Standard 100 (or Form J - Summary for grouped buildings);
Form B - Building activity and energy use intensity target (EUIt), except buildings unable to meet Section 7.2 Determining energy target (EUIt);
Form C - Energy Star portfolio manager energy use intensity calculations, except buildings unable to meet Section 5.2 Building energy monitoring.

Y4.3 Buildings approved for Tier 2 covered building conditional compliance.

See Exceptions to Y3.2: Extension.

Y5. Violations, assessment of administrative penalties and review of penalty decisions.

Y5.1 Authorization. The AHJ is authorized to impose administrative penalties on building owners for failing to submit documentation demonstrating compliance with the requirements of this standard. Failure to submit documentation demonstrating compliance by the scheduled reporting date will result in penalties by legal notice.

Y5.2 Notice of violation, opportunity to correct, and intent to assess penalties (NOVCI).

Y5.2.1 Notifying owner of failure to demonstrate compliance. The AHJ may issue a NOVCI when a building owner has failed to submit documentation that demonstrates compliance with this standard by the scheduled reporting date.

Y5.2.2 Issuing NOVCI. A NOVCI may be issued for failure to meet the requirement of the standard for any of the following reasons:

Failure to submit a compliance report in the form and manner prescribed by the AHJ.
Failure to provide accurate reporting consistent with the requirements of the standard.
Failure to provide a valid exemption certificate.
Failure to receive extension approval.

Y5.2.3 Identifying failure to demonstrate compliance. The AHJ will identify in the NOVCI the section(s) of law, code, or the standard for which the building owner has failed to demonstrate compliance.

Y5.2.4 Specifying time frame to remedy. The NOVCI will specify the time by which the building owner must cure the violation by submitting documentation that demonstrates compliance with the identified section(s) of law, code, or the standard. The AHJ will give the building owner at least 30 calendar days to submit such documentation.

Y5.3 Response to NOVCI.

Y5.3.1 Responding to NOVCI.Building owners must respond to a NOVCI within 30 days by meeting one of the following:

Compliance: Submitting a compliance report in the form and manner prescribed by the AHJ;
Extension: Submitting an application for extension in accordance with Section Y3.2 Compliance schedule, if applicable;
Exemption: Submitting an application for exemption in accordance with Section Y4.1 Documentation of compliance through exemption, if applicable;
Pay penalties: Submitting their intent to pay the penalties by using the form provided by the AHJ; or
Request hearing: Submitting a request for an administrative hearing to challenge or mitigate the penalty in accordance with Section Y5.7 Administrative hearings.

Y5.3.2 Missing NOVCI response deadline. If the building owner does not respond within 30 days in accordance with Section Y5.3.1 Responding to the NOVCI, the building owner waives their right to a hearing, and the director or their designee may issue a final order assessing the penalties described in the NOVCI.

Y5.4 Assessment of administrative penalties.

Y5.4.1 Penalties for building owners. Failure to submit documentation demonstrating compliance with the standard by the date specified in a NOVCI will result in the assessment of administrative penalties at an amount not to exceed $0.30 per square foot of gross floor area.

Penalties may not be passed along to tenants, per RCW 19.27A.210 and 19.27A.250 so long as tenants are providing access to utility usage data, access to physical spaces in the buildings, and being responsive to the compliance needs from building owners to facilitate compliance with the standard. The inability for tenants and building owners to find a mutually agreeable time is not being unresponsive. Building owners seeking relief through an exemption or exception must provide documentation of how the tenant is being unresponsive.

Y5.4.1.1 Penalties for building owners pursuing relief. For building owners subject to a NOVCI who respond within 30 days:

With documentation demonstrating compliance or successful challenges. For building owners that submit documentation demonstrating compliance or are successful in their challenges:

a. Fines shall be waived.

b. Building owners may be eligible to apply for early adopter incentive program.

Without compliance documentation or unsuccessful challenges. For building owners that have not submitted documentation demonstrating compliance by the required date specified in the NOVCI or have an unsuccessful challenge:

a. The Tier 2 building owner will be assessed the maximum penalty of amount equal to $0.30 per square foot of gross floor area.

b. Building owners may not be eligible to apply for early adopter incentive program.

c. The AHJ may by rule increase the penalty rates to adjust for the effects of inflation.

Y5.4.1.2 Building owners that choose to pay the fine rather than pursuing compliance.Building owners may choose to respond to the NOVCI by paying the maximum penalty.

The Tier 2 building owner will be assessed the maximum penalty of $0.30 per square foot of gross floor area.
Building owners may not be eligible to apply for early adopter incentive program.
Penalties are assessed for each compliance period.

Y5.4.2 Interest. Interest will accrue on civil penalties pursuant to RCW 43.17.240 if and when the debt becomes past due.

Y5.5 Due date and collection of penalties.

Y5.5.1 Penalties due. Penalties shall become due and payable on the later of:

Thirty days after receipt of the final order imposing the penalty; or
The date specified in the final order imposing the penalty.

Y5.5.2 Debt collection. If a penalty has not been paid by the due date, the AHJ may assign the debt to a collection agency as authorized by RCW 19.16.500 or take other action to pursue collection as authorized by law. If referred to a collection agency, the AHJ may add a reasonable fee, payable by the debtor, to the outstanding debt for the collection agency fee.

Y5.6 Payment of administrative penalties. Penalties will be payable in U.S. funds to the Washington state department of commerce, as specified by the AHJ.

Y5.7 Administrative hearings.

Y5.7.1 Requesting a hearing. A building owner may request an administrative hearing after receiving a NOVCI by submitting a request within 30 days of the date of a NOVCI. All requests must be made in writing and filed at the address specified on the NOVCI. For convenience, the AHJ will attach a form titled "Request for Hearing" to the NOVCI that may be used to request an administrative hearing. Requests for hearing must be accompanied by the following:

Washington state building ID;
Submitted Annex Y Forms A, B, and C.

Y5.7.2 Hearing process. The AHJ may refer matters to the office of administrative hearings (OAH). Administrative hearings will be conducted in accordance with chapter 34.05 WAC, Administrative Procedure Act, chapter 10-08 WAC, Model rules of procedure, and the procedural rules adopted in this chapter. In the case of a conflict between the model rules of procedure and the procedural rules adopted in this section, the procedural rules adopted in this section take precedence.

Y5.7.3 Initial orders to become final orders. Initial orders issued by the presiding officer will become final without further agency action unless, within 20 days,

The director determines that the initial order should be reviewed; or
A party to the proceeding files a petition for administrative review of the initial order.

Upon occurrence of either event, notice shall be given to all parties to the proceeding.

Y5.7.4 Judicial review. A final order entered pursuant to this section is subject to judicial review pursuant to RCW 34.05.510 through 34.05.598.

Y5.7.5 Collected penalties. Administrative penalties collected under this section must be deposited into the low-income weatherization and structural rehabilitation assistance account created in RCW 70A.35.030 and reinvested into the clean buildings program, where feasible, to support compliance with the standard.

Y6 Compliance forms. The following sections replace Standard 100, Normative Annex C, "Reporting Forms," and provide additional forms specified by rule. Building owners are required to submit the applicable forms and the required supporting information to demonstrate compliance with the standard. These forms replace all referenced forms in this standard. The AHJ will make these forms available in an electronic format for submission to the AHJ.

Y6.1 Compliance with Standard 100 (Form A).

| Note: | For grouped buildings, use Grouped Buildings Compliance with Standard 100 (Form J), instead of Form A. | | --- | --- |

Building identification:

a. Washington state building ID;

b. County;

c. County parcel number(s);

d. Portfolio manager property ID number;

e. Property name;

f. Parent property name;

g. Address 1 (street);

h. Address 2;

i. City;

j. State;

k. Postal code.

Contact information:

a. Building owner name(s);

b. Contact name;

c. Address 1 (street);

d. Address 2;

e. City;

f. State/province;

g. Country;

h. Postal code;

i. Telephone number;

j. Email address.

Qualified person (if applicable):

a. Qualified person name;

b. Address 1 (street);

c. Address 2;

d. City;

e. State;

f. Postal code;

g. Telephone number;

h. Email address;

i. Licensed, certified (select all that apply):

i. Licensure; or

ii. Certifying authority.

Qualified energy manager (if not the qualified person):

a. Qualified energy manager name;

b. Address 1 (street);

c. Address 2;

d. City;

e. State/province;

f. Postal code;

g. Country;

h. Telephone number;

i. Email address;

j. Qualified energy manager certification number.

Energy manager (if different than the qualified person or qualified energy manager):

a. Energy manager name;

b. Address 1 (street);

c. Address 2;

d. City;

e. State/province;

f. Postal code;

g. Country;

h. Telephone number;

i. Email address.

This compliance report is for:

a. Tier 2 covered buildings.

Summary data:

a. EUIt.Energy use intensity target (EUIt) (kBtu/ft2/yr) based on Section Y6.2 Form B;

b. EUI. Measured site energy use intensity (EUI) (kBtu/ft2) for the building's compliance year based on Section Y6.3 Form C;

| Note: | Buildings unable to comply with Section 5.2 Building energy monitoring, and complete Section Y6.3 Form C, shall report: | | --- | --- | | | • Reason statement why EUI cannot be measured. |

c. WNEUI. Measured weather normalized site energy use intensity (WNEUI) (kBtu/ft2) for the building's compliance year based on Section Y6.3 Form C;

d. Date range. List the months/year of the collected data (mm/yyyy - mm/yyyy) for the building's compliance year from Section Y6.3 Form C.

Have the energy management requirements of Section 5 been met? [ ] Yes [ ] No

• Upload energy management plan as specified by the AHJ.

Have the operation and maintenance requirements of Section 6 been met? [ ] Yes [ ] No

• Upload operation and maintenance implementation documentation as specified by the AHJ.

Date the audit and economic evaluation was completed (N/A if none required)

• Upload audit reports as specified by Section Y6.4 Form D.

We state that this building complies with ANSI/ASHRAE/IES Standard 100 as amended by the AHJ to conform with RCW 19.27A.210:

a. Signature of building owner:

• Date:

b. Signature of qualified energy manager or qualified person:

• Date:

c. Signature of energy manager:

• Date:

d. Signature of authority having jurisdiction:

• Conditional or final compliance:

• Date:

Y6.2 Building activity and energy use intensity target (EUIt) (Form B). Complete form provided by the AHJ with the following information:

Building identification:

a. Washington state building ID;

b. County;

c. County parcel number(s);

d. Portfolio manager property ID number;

e. Property name;

f. Parent property name;

g. Address 1 (street);

h. Address 2;

i. City;

j. State;

k Postal code.

List the building location climate zone, 4C or 5B. Determine the climate zone using the ASHRAE climate zone map located in Informative Annex G.

a. Buildings located in Climate Zone 5C shall use Climate Zone 4C.

b. Buildings located in Climate Zone 6B shall use Climate Zone 5B.

The gross floor area in square feet shall be reported as defined in Section 3.

If entire building is a nontarget building, a single building activity type not listed in Table 7-1, it should be listed as "building without target" on Section Y6.1 Form A. List "energy target" as "N/A" on Section Y6.2 Form B, and Section Y6.2 Form B is considered complete.
Fill in fraction of gross floor area (A)i for each activity. For single-activity buildings this is 1.0.
Fill in the operating shifts normalization factor (S)i from Table 7-3 for each activity.
Fill in the activity energy target (EUIt1)i from Table 7-2 (or table from AHJ) for each activity.
Calculate weighted space EUI target (A × S × EUIt1)i for each activity.
Add up fraction of floor area and enter sum in "Total fraction of floor area with target," and add up all weighted space energy use intensity targets (EUIt) and enter sum as the "EUI" on Sections Y6.2 and Y6.1 Forms B and A.
If more than 50 percent of gross floor area has no target, it should be listed as "building without target" on Section Y6.1 Form A. List "energy target" as "N/A" on Section Y6.2 Form B. For single-activity buildings this is 1.0.

Y6.3 Energy use intensity calculations (Form C).Energy use intensity calculations shall be reported via the U.S. EPA's Energy Star Portfolio Manager (www.energystar.gov/benchmark). The energy manager is responsible for creating Energy Star portfolio manager record for each building.

Exception to Y6.3:Buildings unable to comply with Section 5.2, building energy monitoring shall monitor building energy at the covered building level and shall report benchmarking at the connected buildings level.

The Energy Star portfolio manager building record shall be identical to the building activity/type, fraction floor area, operating shifts (hours of operation), and gross floor area of the building as reported on Form B. All inputs shall be up to date prior to reporting as required in Section Y4, and annually as required in Section 5.1.2.3.

Prior to submitting reports, run the Energy Star portfolio manager data quality checker and make all corrections required to complete the report.

The energy manager shall use the EPA's Energy Star portfolio manager share properties feature and share the property data with the AHJ by enabling the read-only access and exchange data feature.

For each report submitted under Section Y4, the energy manager shall create and submit a report documenting the required data fields listed (below) and other fields deemed necessary by the AHJ for the reporting period.

Report fields shall include the following:

• Portfolio manager property ID;

• Portfolio manager parent property ID;

• Property name;

• Parent property name;

• Address 1;

• Address 2;

• City;

• County;

• State/Province;

• Postal Code;

• Primary property type - Self-selected;

• Primary property type - EPA calculated;

• List of all property use types at property;

• Property GFA - Self-reported (ft2);

• Property GFA - EPA calculated (buildings and parking) (ft2);

• Property GFA - EPA calculated (buildings)(ft2);

• Property GFA - EPA calculated (parking)(ft2);

• Largest property use type;

• Largest property use type - Gross floor area (ft2);

• 2nd Largest property use type;

• 2nd Largest property use - Gross floor area (ft2);

• 3rd Largest property use type;

• 3rd Largest property use type - Gross floor area (ft2);

• Year built;

• Occupancy;

• Property notes;

• Property data administrator;

• Property data administrator - Email;

• Last modified date - Property;

• Last modified date - Electric meters;

• Last modified date - Gas meters;

• Last modified date - Nonelectric nongas energy meters;

• Local standard ID(s) Washington state building standard;

• Data center - Energy estimates applied;

• Electricity use - Grid purchase and generated from on-site renewable systems (kWh);

• Electricity use - Grid purchase (kWh);

• Electricity use - Generated from on-site renewable systems and used on-site (kWh);

• Natural gas use (therms);

• Fuel oil #1 use (kBtu);

• Fuel oil #2 use (kBtu);

• Fuel oil #4 use (kBtu);

• Fuel oil #5 and #6 use (kBtu);

• Diesel #2 use (kBtu);

• Kerosene use (kBtu);

• Propane use (kBtu);

• District steam use (kBtu);

• District hot water use (kBtu);

• District chilled water use (kBtu);

• Coal - Anthracite use (kBtu);

• Coal - Bituminous use (kBtu);

• Coke use (kBtu);

• Wood use (kBtu);

• Other use (kBtu);

• Default values;

• Temporary values;

• Estimated data flag - Electricity (grid purchase);

• Estimated data flag - Natural gas;

• Alert - Data center does not have an IT meter;

• Alert - Gross floor area is 0 ft2;

• Alert - Property has no uses;

• Data quality checker - Date run;

• Data quality checker run - ?;

• Alert - Energy meter has less than 12 full calendar months of data;

• Alert - Energy meter has gaps;

• Alert - Energy meter has overlaps;

• Alert - Energy - No meters selected for metrics;

• Alert - Energy meter has single entry more than 65 days;

• Estimated values - Energy;

• Energy Star score;

• National median site energy use (kBtu);

• Site energy use (kBtu);

• Site EUI (kBtu/ft2);

• Weather normalized site energy use (kBtu);

• Weather normalized site EUI (kBtu/ft2);

• Weather normalized site electricity (kWh);

• Weather normalized site electricity intensity (kWh/ft2);

• Weather normalized site natural gas use (therms);

• Weather normalized site natural gas intensity (therms/ft2) energy current date;

• Electricity use - Generated from on-site renewable systems (kWh);

• Electricity use - Generated from on-site renewable systems and exported (kWh);

• Electricity Use - Grid purchase and generated from on-site renewable systems (kBtu);

• Electricity use - Grid purchase (kBtu);

• Electricity use - Generated from on-site renewable systems and used on-site (kBtu);

• Natural gas use (kBtu);

• Percent of total electricity generated from on-site renewable systems;

• Cooling degree days (CDD) (°F);

• Heating degree days (HDD) (°F);

• Weather station name;

• Weather station ID.

Y6.4 Energy Audit Forms (Form D) Audit Template. Not applicable for Tier 2 covered buildings.

Form E. Not adopted.

Y6.5 Normative Annex X, Investment Criteria Tool (Form F). Not applicable for Tier 2 covered buildings.

Y6.6 Documentation of a building of historic significance (Form G). Not applicable for Tier 2 covered buildings.

Y6.7 Application for exemption certificate (Form H). Apply for an exemption certificate by submitting the following documentation in the form specified by the AHJ. The application must include the following:

Building identification:

a. Washington state building ID;

b. County;

c. County parcel number(s);

d. Portfolio manager property ID number;

e. Property name;

f. Parent property name;

g. Address 1 (street);

h. Address 2;

i. City;

j. State;

k. Postal code.

Contact information:

a. Building owner name(s);

b. Contact name;

c. Address 1 (street);

d. Address 2;

e. City;

f. State/Province;

g. Country;

h. Postal code;

i. Telephone number;

j. Email address.

Building information:

a. Primary building activity type from Table 7-1, or a description of the nontarget building type;

b. Building gross floor area;

c. Building gross conditioned floor area.

Reason for exemption: Based on exemptions listed in Section Y4.1(2) Exemptions. A list all of documents enclosed and any facts in support of this application. Provide at least two of the acceptable documents listed below:

a. Municipal or county records;

b. Documents from a qualified person;

c. Construction permit;

d. Certificate of occupancy or application for certificate of occupancy;

e. Demolition permit;

f. Financial statements such as statement of assets; liabilities, capital, and surplus, statement of revenue and expenses; or statement of cash flow;

g. A letter from the building owner stating facts and explaining financial hardships;

h. Other documentation approved by the AHJ.

Signature and statement of building owner stating that the authorized representative of the building affirm and attest to the accuracy, truthfulness, and completeness of the statements of material fact provided in this form.

Y6.8 Grouped Buildings Compliance with Standard 100 (Form J).

Grouped buildings identification:

a. Washington state grouped buildings ID;

b. County;

c. County parcel number(s);

d. Portfolio manager property ID number;

e. Property name;

f. Parent property name;

g. Address 1 (street);

h. Address 2;

i. City;

j. State;

k. Postal code.

Contact information:

a. Grouped buildings owner name(s);

b. Contact name;

c. Address 1 (street);

d. Address 2;

e. City;

f. State/province;

g. Country;

h. Postal code;

i. Telephone number;

j. Email address.

Qualified person:

a. Qualified person name;

b. Address 1 (street);

c. Address 2;

d. City;

e. State;

f. Postal code;

g. Telephone number;

h. Email address;

i. Licensed, certified (select all that apply):

i. Licensure; or

ii. Certifying authority.

Energy manager (if different than the qualified person):

a. Energy manager name;

b. Address 1 (street);

c. Address 2;

d. City;

e. State/province;

f. Postal code;

g. Country;

h. Telephone number;

i. Email address.

Decarbonization plan author, where applicable:

a. Company name;

b. Contact name;

c. Address 1 (street);

d. Address 2;

e. City;

f. State;

g. Postal code;

h. Telephone number;

i. Email address.

This compliance report is for:

a. Grouped buildings that will meet compliance for Tier 2 covered buildings.

Summary data:

a. EUIt.Energy use intensity target (EUIt) (kBtu/ft2/yr) based on Section Y6.2 Form B;

b. EUI. Measured site energy use intensity (EUI) (kBtu/ft2) for the grouped buildings' compliance year based on Section Y6.3 Form C;

| Note: | Grouped buildings unable to comply with Section 5.2 Building energy monitoring, and complete Section Z6.3 Form C, shall report: | | --- | --- | | | • Reason statement why EUI cannot be measured. |

c. WNEUI. Measured weather normalized site energy use intensity (WNEUI) (kBtu/ft2) for the grouped buildings' compliance year based on Section Y6.3 Form C.

d. Date range. List the months/year of the collected data (mm/yyyy - mm/yyyy) for the grouped buildings' compliance year from Section Y6.3 Form C.

Have the energy management requirements of Section 5 been met in accordance with the compliance schedule outlined in Section Z3.2 for Tier 1 covered buildings, Section Y3.2 for Tier 2 covered buildings, and for campuses participating in the decarbonization plan by July 1, 2030, for buildings not covered, but connected to the district energy system? [ ] Yes [ ] No

• Upload energy management plan as specified by the AHJ.

Have the operation and maintenance requirements of Section 6 been met in accordance with the compliance schedule outlined in Section Z3.2 for Tier 1 covered buildings, Section Y3.2 for Tier 2 covered buildings, and for campuses participating in the decarbonization plan by July 1, 2030, for buildings not covered, but connected to the district energy system? [ ] Yes [ ] No

• Upload operation and maintenance implementation documentation as specified by the AHJ.

Date the audit and economic evaluation was completed (N/A if none required).

• Upload audit reports as specified by Section Z6.4 Form D.

Have all EEMs required by Section 8 been implemented? [ ] Yes [ ] No
Have the requirements of Section 9 been completed? [ ] Yes [ ] No
We state that these grouped buildings comply with ANSI/ASHRAE/IES Standard 100 as amended by the AHJ to conform with RCW 19.27A.210:

a. Signature of grouped buildings owner:

• Date:

b. Signature of qualified energy manager or qualified person:

• Date:

c. Signature of energy manager:

• Date:

d. Signature of authority having jurisdiction:

• Conditional or final compliance:

• Date:

Y7. Section 7—Tables as modified by Washington state.

See Normative Annex Z - Washington State Reporting Requirements for:

• Table 7-1 Building Activity Types/Activities

• Table 7-2a Building Activity Site Energy Targets (EUIt1) (I-P Units)

• Table 7-3 Building Operating Shifts Normalization Factor

• Table 7-4 Building Activity Type Definitions Table

Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency.

Wash. Admin. Code § 194-50-170 Normative Annex W—Washington state participating campus district energy system decarbonization plan general compliance and reporting requirements—This is a normative annex and is part of the district energy systems decarbonization requirements of this standard.

WAC 194-50-170

W1. Building owner notifications to the AHJ.

W1.1 Notification to the AHJ by participating campus owners with a district energy system. By June 30, 2024, owner or owner's designated representative of a state campus district energy system shall notify the AHJ that they are developing a decarbonization plan. Designated representatives of a campus district energy system may submit to the AHJ a request to opt-in to the decarbonization plan process. Participating campuses must comply with all of the decarbonization plan requirements in accordance with Normative Annex W.

Provide the following information to the AHJ:

For participating campus:

• State agency name or owner organization name;

• Agency or owner organization mailing address;

• Campus name;

• Campus owner name;

• Main point of contact: Name, email, phone;

• District energy system utility name and whether they are publicly or privately owned.

For each building connected to the district energy system:

• Building name and associated gross floor area (GFA);

• Address;

• Parcel number;

• Commerce building ID - where applicable.

W2. AHJ reporting.

W2.1 Summary report. The AHJ must provide a summary report on the decarbonization plans required to decarbonize district energy systems in accordance with the clean buildings performance standard (CBPS) and Normative Annex W to the Governor and the appropriate committees of the legislature by December 1, 2025. The AHJ's report may include campuses that fail to submit a decarbonization plan or fail to comply with the requirements, including the implementation schedule defined within the plan.

W3. Washington state reporting requirements for participating campus district energy systems.

W3.1 General compliance.

W3.1.1 District energy system decarbonization plan requirements: By June 30, 2025, the owner of a participating campus must develop a district energy system decarbonization plan to provide a strategy for up to 15 years and submit it to the AHJ. The AHJ may approve a decarbonization plan that is based on an implementation schedule longer than 15 years.

The decarbonization plan must include:

Decarbonization: Mechanisms to replace fossil fuels in the district energy system heating plants to provide 100 percent of the campus design load, including a schedule for replacement:

a. A campus with a district energy system providing cooling only shall evaluate:

i. Addition of a district energy system heating plant, in compliance with Normative Annex W;

ii. Mechanisms to replace fossil fuels of the heating systems at the building-level;

b. A campus with a district energy system providing cooling only may extend compliance schedule in accordance with Section W3.2, where decarbonization of the campus heating system is pursued in accordance with Section W3.1.1 (1)(a);

Exceptions to W3.1.1(1):

Fossil fuel or electric resistance sources may account for a maximum of 10 percent of:

a. A district energy system heating plant's annual output; or

b. Building-level heating system output when complying in accordance with Section W3.1.1 (1)(b).

Decommissioning of the district energy system heating plant is an acceptable alternative if a life-cycle cost analysis demonstrates implementation of decarbonized heating systems at the building-level saves more energy and is more cost-effective over the life of the measure, in accordance with Normative Annex X. If decarbonizing by decommissioning the district energy system heating plant, provide the following:

a. Decarbonization plan representing implementation of decarbonized heating systems at the building-level in lieu of decarbonization of the district energy system's heating plant, in accordance with Normative Annex W.

b. Life-cycle cost analysis (LCCA), evaluating implementation of decarbonized heating systems at the building-level vs. decarbonization of the district energy system heating plant, in accordance with Normative Annex W.

c. Evaluation of potential beneficial and cost-effective use of existing distribution system.

Waste heat and cooling: An evaluation of possible options to partner with nearby sources and uses of waste heat and cooling;
Expansion: An examination of opportunities to add buildings or other facilities to the district energy system once it is decarbonized, a strategy to incentivize growth of a decarbonized system, and requirements for facilities joining the system;
CBPS performance target: An evaluation, prioritization, and scheduled plan for meeting the requirements of Sections 4.1 and 4.3.1 for the campus.

a. When a decarbonization plan is fully implemented, the campus shall meet the requirements of Section 4.3.2 or 4.3.3.

CBPS EMP and O&M program: Compliance with the requirements of Section 4.2 in accordance with the compliance schedule of Z3.2, Y3.2, and W3.2 as applicable for all buildings connected to the campus. The requirements of Section 4.2 shall apply to all buildings connected to the campus.

W3.1.2 Recommended district energy system decarbonization plan considerations:Participating campuses are encouraged to include the following considerations in a decarbonization plan:

Distribution network upgrades;
On-site energy storage facilities;
Space cooling for residential facilities;
Labor and workforce, including state registered apprenticeship utilization;
Options for public-private partnerships;
Incorporation of industrial symbiosis projects or networks as described in chapter 308, Laws of 2021.

W3.1.3 Utility engagement:Participating campuses must consult with the electric utility and the natural gas utility serving the site of the system during decarbonization plan development.

W3.2 Compliance Schedule.Participating campuses must:

Develop decarbonization plan: Begin developing a decarbonization plan by June 30, 2024, in accordance with the reporting requirements of Section W1.1.
Final decarbonization plan: Submit a final decarbonization plan to the AHJ by June 30, 2025, in accordance with the reporting requirements of Sections W3.1.1 and W4.1.
Energy management plan and operations and maintenance program: Implement EMP and O&M in accordance with compliance schedule in Section Z3.2 for Tier 1 covered buildings, Section Y3.2 for Tier 2 covered buildings, and by July 1, 2030, for buildings not covered, connected to the district energy system. Submit EMP and O&M to the AHJ with the first decarbonization plan progress reporting.
Decarbonization plan progress reports: Every five years after June 30, 2025, until full implementation of the decarbonization plan and compliance with the standard has been met, decarbonization plans must be resubmitted by July 1st, along with a progress report including revisions to the implementation of the decarbonization plan, to the AHJ in accordance with Section W4.2. A campus with a district energy system providing cooling only, which does not decarbonize their heating systems, is required to submit completion reporting in lieu of progress reporting by July 1, 2030.
Completion reporting: Upon full implementation of decarbonization plan and compliance with the standard, submit completion report by July 1, 2040, or the alternatively approved decarbonization plan completion date to the AHJ, in accordance with Sections W4.3 through W4.5, as applicable. A campus with a district energy system providing cooling only, which does not decarbonize their heating systems, shall submit completion reporting by July 1, 2030, or the alternatively approved decarbonization plan completion date to the AHJ, in accordance with Sections W4.3 through W4.5, as applicable.

W3.2.1 Decarbonization plan review and evaluation: Upon submittal to the AHJ, decarbonization plans will be reviewed and approved by the AHJ in accordance with Normative Annex W. The AHJ may ask for a decarbonization plan to be revised and resubmitted if it does not meet standards as determined by the AHJ.

W4. Performance standard compliance reporting through decarbonization plan.

W4.1 Decarbonization plan reporting.Participating campus owners must provide a final decarbonization plan.

Decarbonization plan;
Form J - Grouped buildings compliance with Standard 100;
Form K - Decarbonization plan reporting;
Form B - Building activity and energy use intensity target (EUIt);
Form C - Energy Star portfolio manager energy use intensity calculations;
Form D - Audit Template energy audit form, as applicable and if revised;
ASHRAE Level 2 energy audit report developed by the qualified energy auditor, as applicable;
Form F - Life-cycle cost analysis (LCCA), as applicable and if revised.

W4.2 Decarbonization plan progress reporting.Participating campus owners must provide status updates and revised decarbonization plans until decarbonization plan is fully implemented. A minimum of one energy management plan (EMP) must be completed and the operations and maintenance (O&M) program must be implemented for the campus. Submit EMP and O&M to the AHJ with the first decarbonization plan progress reporting.

Revised decarbonization plan;

a. Status updates;

b. Identify any revisions to decarbonization plan;

Energy management plan (EMP);
EMP reporting tool;
Operations and maintenance (O&M) program;
O&M reporting tool;
Form J - Grouped buildings compliance with Standard 100;
Form K - Decarbonization plan reporting;
Form B - Building activity and energy use intensity target (EUIt);
Form C - Energy Star portfolio manager energy use intensity calculations;
Form D - Audit Template energy audit form, as applicable and if revised;
ASHRAE Level 2 energy audit report developed by the qualified energy auditor, as applicable;
Form F - Life-cycle cost analysis (LCCA), as applicable and if revised.

W4.3 Documentation of exempt buildings connected to a district energy system. There are no exemptions for a whole campus. Participating campus owners seeking approval of building exemption shall submit to the AHJ Form H, "Application for Exemption Certificate," in accordance with Section Z6.7 for Tier 1 covered buildings or Section Y6.7 for Tier 2 covered buildings.

W4.4 Campus that meets the EUIt through the decarbonization plan.Participating campus owners must provide the following documentation to verify that the campus weather normalized EUI is less than the campus EUIt and that a minimum of one energy management plan (EMP) must be completed and the operations and maintenance (O&M) program must be implemented for the campus.

Decarbonization plan;
Energy management plan (EMP);
EMP reporting tool;
Operations and maintenance (O&M) program;
O&M reporting tool;
Form J - Grouped buildings compliance with Standard 100;
Form K - Decarbonization plan reporting;
Form B - Building activity and energy use intensity target (EUIt);
Form C - Energy Star portfolio manager energy use intensity calculations;
Form F - Life-cycle cost analysis (LCCA), when complying with the decarbonization plan through decommissioning in accordance with Section W3.1.1 Exception 2.

W4.5 Campus that meets the investment criteria through the decarbonization plan.Participating campus owners must provide the following documentation to verify that the campus has implemented all EEMs that meet the cost-effectiveness criteria resulting from the energy audit and economic evaluation criteria from Normative Annex X. The cost-effectiveness criteria does not apply to the decarbonization of the district energy system heating plant. The energy management plan (EMP) must be completed and the operations and maintenance program (O&M) must be implemented for the campus, and all EEMs must be installed and commissioned, prior to the approved decarbonization plan implementation schedule.

Decarbonization plan;
Energy management plan (EMP);
EMP reporting tool;
Operations and maintenance (O&M) program;
O&M reporting tool;
Form J - Grouped buildings compliance with Standard 100;
Form K - Decarbonization plan reporting;
Form B - Building activity and energy use intensity target (EUIt);
Form C - Energy Star portfolio manager energy use intensity calculations;
Form D - Audit Template energy audit form;
ASHRAE Level 2 energy audit report developed by the qualified energy auditor;
Form F - Life-cycle cost analysis (LCCA).

W5. Assessment of administrative penalties.

W5.1 Issuing NOVC. The AHJ may issue a NOVC in accordance with Sections Z5 and Y5, when a building owner has failed to submit a decarbonization plan, approved by the AHJ, and has not met the requirements of this standard. Approved decarbonization plans extend Normative Annexes Z and Y compliance dates to the schedule specified in the approved decarbonization plan. Progress reporting submitted in accordance with Section W4.2, is required to maintain compliance date extension and avoid penalty.

W6. Compliance forms.

W6.1 Grouped Buildings Compliance with Standard 100 (Form J).

| Note: | Grouped Buildings Compliance with Standard 100 (Form J) is used instead of Form A for grouped buildings. | | --- | --- |

Grouped buildings identification:

a. Washington state grouped buildings ID;

b. County;

c. County parcel number(s);

d. Portfolio manager property ID number;

e. Property name;

f. Parent property name;

g. Address 1 (street);

h. Address 2;

i. City;

j. State;

k. Postal code.

Contact information:

a. Grouped buildings owner name(s);

b. Contact name;

c. Address 1 (street);

d. Address 2;

e. City;

f. State/province;

g. Country;

h. Postal code;

i. Telephone number;

j. Email address.

Qualified person:

a. Qualified person name;

b. Address 1 (street);

c. Address 2;

d. City;

e. State;

f. Postal code;

g. Telephone number;

h. Email address;

i. Licensed, certified (select all that apply):

i. Licensure; or

ii. Certifying authority.

Energy manager (if different than the qualified person):

a. Energy manager name;

b. Address 1 (street);

c. Address 2;

d. City;

e. State/province;

f. Postal code;

g. Country;

h. Telephone number;

i. Email address.

Decarbonization plan author, where applicable:

a. Company name;

b. Contact name;

c. Address 1 (street);

d. Address 2;

e. City;

f. State;

g. Postal code;

h. Telephone number;

i. Email address.

This compliance report is for:

a. Grouped buildings that meets the EUIt;

b. Grouped buildings that meets the investment criteria prior to the compliance date;

c. Grouped buildings that will comply with the decarbonization plan, in addition:

i. Progress reporting for decarbonization plan;

ii. Completion reporting.

Summary data:

a. EUIt.Energy use intensity target (EUIt) (kBtu/ft2/yr) based on Section Z6.2 Form B;

b. EUI. Measured site energy use intensity (EUI) (kBtu/ft2) for the grouped buildings' compliance year based on Section Z6.3 Form C;

c. WNEUI. Measured weather normalized site energy use intensity (WNEUI) (kBtu/ft2) for the grouped buildings' compliance year based on Section Z6.3 Form C.

| Note: | In addition to the compliance year WNEUI, baseline WNEUI is also required for grouped buildings that will meet investment criteria with a measurable EUI. | | --- | --- |

d. Date range. List the months/year of the collected data (mm/yyyy - mm/yyyy) for the grouped building's compliance year from Section Z6.3 Form C.

| Note: | In addition to the compliance year date range, baseline date range is also required for grouped buildings that will meet investment criteria with a measurable EUI. | | --- | --- |

Have the energy management requirements of Section 5 been met in accordance with the compliance schedule outlined in Section Z3.2 for Tier 1 covered buildings, Section Y3.2 for Tier 2 covered buildings, and for campuses participating in the decarbonization plan by July 1, 2030, for buildings not covered, but connected to the district energy system? [ ] Yes [ ] No

• Upload energy management plan as specified by the AHJ.

Have the operation and maintenance requirements of Section 6 been met in accordance with the compliance schedule outlined in Section Z3.2 for Tier 1 covered buildings, Section Y3.2 for Tier 2 covered buildings, and for campuses participating in the decarbonization plan by July 1, 2030, for buildings not covered, but connected to the district energy system? [ ] Yes [ ] No

• Upload operation and maintenance implementation documentation as specified by the AHJ.

Date the audit and economic evaluation was completed (N/A if none required).

• Upload audit reports as specified by Section Z6.4 Form D.

Have all EEMs required by Section 8 been implemented? [ ] Yes [ ] No
Have the requirements of Section 9 been completed? [ ] Yes [ ] No
We state that these grouped buildings comply with ANSI/ASHRAE/IES Standard 100 as amended by the AHJ to conform with RCW 19.27A.210:

a. Signature of grouped buildings owner:

• Date:

b. Signature of qualified person:

• Date:

c. Signature of energy manager:

• Date:

d. Signature of authority having jurisdiction:

• Final compliance:

• Date:

W6.2 Building activity and energy use intensity target (EUIt) (Form B). See Section Z6.2.

W6.3 Energy use intensity calculations (Form C). See Section Z6.3.

W6.4 End use analysis requirements.Building owners shall demonstrate compliance with Form D by providing the documentation required by Section Z6.4.1 for all Tier 1 covered buildings of campuses pursuing compliance through the investment criteria.

W6.5 Normative Annex X, "Investment Criteria," Tool (Form F). See Section Z6.5 for all Tier 1 covered buildings of campuses pursuing compliance through the investment criteria.

W6.6 Documentation of a building of historic significance (Form G). See Section Z6.6.

W6.7 Application for exemption certificate (Form H). See Section Z6.7 for Tier 1 covered buildings or Section Y6.7 for Tier 2 covered buildings.

W6.8 Decarbonization plan reporting requirements (decarbonization plan content outline) (Form K).

This decarbonization plan report is for:

a. Final decarbonization plan submittal [ ] Yes [ ] No

b. Progress reporting [ ] Yes [ ] No

c. Completion reporting [ ] Yes [ ] No

Decarbonization project scope of work:

a. Summary of existing district energy system and campus layout including:

i. List of all buildings served by the district energy system;

ii. List of all buildings served by the district energy system heating and/or cooling plant, peak load;

iii. Description of current district energy system including, but not limited to, heating and cooling system type(s), configuration(s), output capacity(ies), thermal distribution loop(s);

iv. Energy monitoring (benchmarking):

• Identification of current benchmarking configuration:

Campus [ ] Yes [ ] No
Connected building [ ] Yes [ ] No
Campus-level [ ] Yes [ ] No

v. Energy use intensity target (EUIt) (kBtu/ft2/yr) based on completed Section Z6.2;

vi. Measured site EUI (kBtu/ft2) for the identified benchmarking configuration at time of decarbonization plan submittal based on Section Z6.3 Form C;

b. Proposed decarbonized district energy system and campus layout including:

i. List of all buildings to be served by the district energy system;

ii. List of all buildings to be served by the district energy system heating plant, peak load;

iii. List of all buildings to be served by the district energy system cooling plant, peak load;

iv. Description of proposed district energy system including, but not limited to, heating and cooling system type(s), configuration(s), output capacity(ies), thermal distribution loop(s);

• An inventory and evaluation of possible options to partner with nearby sources and uses of waste heat and cooling;

• An inventory and evaluation of expanding district energy system to other buildings;

v. Identification of heating plant backup type, fuel source, capacity;

vi. Identification of proposed energy efficiency measures (EEMs) required to meet the requirements of the standard;

c. Proposed buildingperformancetarget:

i. Compliance pathway:

• EUIt [ ] Yes [ ] No

• Investment criteria - (include within progress report) [ ] Yes [ ] No

Plans for Level 2 energy audit, on Tier 1 covered buildings
Plans for LCCA

ii. Energy monitoring (benchmarking):

• Identification of proposed benchmarking configuration:

Campus [ ] Yes [ ] No
Connected building [ ] Yes [ ] No
Campus-level [ ] Yes [ ] No

• Proposed energy use intensity target (EUIt) (kBtu/ft2/yr) developed in accordance with the standard;

• Projected site EUI (kBtu/ft2) for the identified benchmarking configuration after implementation of decarbonization plan based on Section Z6.3 Form C;

• Form D documenting proposed energy efficiency measures (EEMs);

• Form F documenting the life-cycle cost analysis if pursuing the investment criteria of the standard;

d. Proposed metering configuration:

i. Shall include metering to measure district energy system heating and/or cooling plant input to individual buildings;

ii. Shall be configured in a manner to measure proposed benchmarking configuration;

iii. Shall include independent end use metering of district energy system backup heating plant.

Recommended district energy system decarbonization plan considerations:Participating campuses are encouraged to include the following considerations in a decarbonization plan:

a. Distribution network upgrades;

b. On-site energy storage facilities;

c. Space cooling for residential facilities;

d. Labor and workforce, including state registered apprenticeship utilization;

e. Options for public-private partnerships;

f. Incorporation of industrial symbiosis projects or networks as described in chapter 308, Laws of 2021.

Utility engagement: Narrative of steps taken including the date range of communications, for participating campuses consultation with the electric utility and the natural gas utility serving the site of the system during decarbonization plan development.
Proposed project timeline shall provide implementation details and dates for:

a. Energy management plan and operations and maintenance program, implemented in accordance with Section W3.1.1(5);

b. Energy efficiency measures (EEMs) required to meet the standard;

c. All phases of district energy system decarbonization plan;

i. Decarbonization plan shall determine implementation schedule, project timeline, compliance schedule;

Other considerations:

a. Communication engagement including, but not limited to, occupants, utilities, funders, and public;

b. Are funding mechanisms in place? [ ] Yes [ ] No

c. Are there cost projections in place? [ ] Yes [ ] No

i. What are your current/updated estimated costs? _________

ii. What are your current expended costs? _________

d. Changes to plan required to meet changes in codes, laws, and standards including any future reductions in EUIt.

Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency.

Wash. Admin. Code § 194-50-180 Informative Annex B—Compliance pathways—This is an informative annex.

WAC 194-50-180

B1 Compliance pathways. Compliance pathways represent different ways that can be used to demonstrate that covered buildings (a building, complex of buildings, or grouped buildings) comply with the Clean Buildings Performance Standard (CBPS, standard). Additionally, for each building the building owner or its authorized representative shall complete an energy management plan (EMP), implement an operations and maintenance (O&M) program, perform energy monitoring (benchmark), and determine an energy use intensity target (EUIt), if possible, or report the national median site EUI as calculated by the Energy Star portfolio manager account.

| EXCEPTION: | If a covered building is unable to comply with one of the following compliance pathways by the compliance date, for a Tier 1 covered building see Exceptions to Z3.2 Extension or for a Tier 2 covered building see Exceptions to Y3.2 Extension. | | --- | --- |

B1.1 General requirements.

B1.1.1 Section 4.2 Energy management plan and operations and maintenance program;

B1.1.2 Section 4.3.1 Measured EUI and developed EUIt:

B1.1.2.1 Section 5.2 Building energy monitoring;

B1.1.2.2 Section 7.2.1 Determining energy use intensity target (EUIt).

B2 Compliance pathways for Tier 1 covered buildings. For each Tier 1 covered building (a building, complex of buildings, or grouped buildings), the building owner must choose a compliance pathway to demonstrate compliance with the Clean Buildings Performance Standard. Each building shall comply with Section B1.1 General requirements and shall demonstrate compliance with the performance target using one of the following compliance pathways:

B2.1 Compliance through exemptions.Tier 1 covered buildings pursuing compliance through exemption shall demonstrate eligibility qualifications for the exemption and must comply with Section Z4.1 Documentation of compliance through exemption by compliance deadline. Tier 1 covered buildings complying through exemption are not required to comply with the sections outlined in Section B1.1 General requirements.

Exception to B2.1:Tier 1 covered buildings complying with Section Z4.1 (2)(i) Compliance light exemption must still comply with Section B1.1 General requirements.

B2.2 Meeting the EUIt compliance pathway.Buildings pursuant to meeting the EUIt compliance pathway shall demonstrate the building's measured weather normalized energy use intensity (WNEUI) is less than or equal to the building's energy use intensity target (EUIt) and must comply with the following requirements of the standard:

B2.2.1 Section B1.1 General requirements;

B2.2.2 Section 4.3.2 Meeting the energy use intensity target (EUIt);

B2.2.3 Section 8.2.1 Meeting the EUIt or Section 8.2.2 Building does not meet the EUIt - Energy audit overall process;

B2.2.4 Section 9.1.1 Requirements and Section 9.2.1 Verification of implemented EEMs - Meeting the EUIt;

B2.2.5 Section Z4.2 Documentation of compliance for meeting the EUIt.

B2.3 Investment criteria compliance pathway.

B2.3.1 Investment criteria - Optimized bundle.Buildings (a building, complex of buildings, or connected buildings) pursuing the investment criteria compliance pathway through the optimized bundle shall implement an optimized bundle of energy efficiency measures (EEMs), verify the energy savings, as measured after the optimized bundle EEM implementation, meets or exceeds 75 percent of the optimized bundle projected energy savings, aligning with the energy audit report, and shall comply with the following requirements of the standard:

B2.3.1.1 Section B1.1 General requirements;

B2.3.1.2 Section 4.3.3 Investment criteria;

B2.3.1.3 Section 8.2.3 Investment criteria - Energy audit overall process;

B2.3.1.4 Section 9.1.1 Requirements; and Section 9.2.2 Verification of implemented EEMs - Investment criteria;

B2.3.1.5 Section X2.1 Optimized bundle;

B2.3.1.6 Section Z4.3 Documentation of compliance for investment criteria.

B2.3.2 Investment criteria - Install all identified EEMs with simple payback.Buildings (a building, complex of buildings, or connected buildings) pursuing the investment criteria compliance pathway by installing all identified EEMs shall implement all energy efficiency measures (EEMs) identified in the Level 2 energy audit which have a simple payback period less than or equal to the EEM's expected useful life, verify the energy savings, as measured after all identified EEM implementation, meets or exceeds 75 percent of the energy savings projected in the energy audit and shall comply with the following requirements of the standard:

B2.3.2.1 Section B1.1 General requirements;

B2.3.2.2 Section 4.3.3 Investment criteria;

B2.3.2.3 Section 8.2.3 Investment criteria - Energy audit overall process;

B2.3.2.4 Section 9.1.1 Requirements; and Section 9.2.2 Verification of implemented EEMs - Investment criteria;

B2.3.2.5 Exceptions to Section X2.1(1) Implement all EEMs;

B2.3.2.6 Section Z4.3 Documentation of compliance for investment criteria.

B2.3.3 Investment criteria - No identified EEMs with simple payback.Buildings (a building, complex of buildings, or connected buildings) pursuing the investment criteria compliance pathway with no energy efficiency measures (EEMs) identified in the Level 2 energy audit which have a simple payback period less than or equal to the EEM's expected useful life shall document the simple payback calculation in Form D - Audit Template (and in the EMP), provide a reason statement in application submittal, and shall comply with the following requirements of the standard:

B2.3.3.1 Section B1.1 General requirements;

B2.3.3.2 Section 4.3.3 Investment criteria;

B2.3.3.3 Section 8.2.3 Investment criteria - Energy audit overall process;

B2.3.3.4 Section 9.1.1 Requirements; and Section 9.2.2 Verification of implemented EEMs - Investment criteria;

B2.3.3.5 Section X2.3.1 Level 2 audit; and Exceptions to Section X2.1(2), "No identified EEMs with simple payback";

B2.3.3.6 Section Z4.3 Documentation of compliance for investment criteria.

B2.3.4 Investment criteria - Custom bundle.Buildings (a building, complex of buildings, or connected buildings) pursuing the investment criteria compliance pathway through the custom bundle shall identify the optimized bundle of energy efficiency measures (EEMs), verify the energy savings, as measured after the custom bundle EEM implementation, meets or exceeds 75 percent of the optimized bundle projected energy savings, aligning with the energy audit report and demonstrating that the custom bundle equivalent achieves the same or more energy savings, and shall comply with the following requirements of the standard:

B2.3.4.1 Section B1.1 General requirements;

B2.3.4.2 Section 4.3.3 Investment criteria;

B2.3.4.3 Section 8.2.3 Investment criteria - Energy audit overall process;

B2.3.4.4 Section 9.1.1 Requirements; and Section 9.2.2 Verification of implemented EEMs - Investment criteria;

B2.3.4.5 Exceptions to Section X2.1(3) Custom bundle;

B2.3.4.6 Section Z4.3 Documentation of compliance for investment criteria.

B2.4 Conditional compliance - Temporary compliance method.Buildings pursuing the conditional compliance temporary compliance method shall implement all energy use reduction strategies and install all EEMs required by the standard prior to the compliance date. Buildings approved for conditional compliance are allowed additional time to demonstrate reduction in energy use through energy monitoring and compliance with the performance target. Conditional compliance applies to the following compliance pathways:

B2.4.1 Section B2.2 Meeting the EUIt compliance pathway;

B2.4.2 Section B2.3.1 Investment criteria - Optimized bundle;

B2.4.3 Section B2.3.2 Investment criteria - Install all identified EEMs with simple payback;

B2.4.4 Section B2.3.4 Investment criteria - Custom bundle;

B2.4.5 Section B2.5 Phased implementation for investment criteria through conditional compliance. Phased implementation applies to Section B2.3.1, B2.3.2, and B2.3.4.

B2.5 Phased implementation for investment criteria through conditional compliance.Buildings pursuing the phased implementation for investment criteria compliance pathway through conditional compliance are not required to replace a system or equipment before the end of the system or equipment's remaining useful life and shall comply with the investment criteria requirements of the standard, listed in Section B2.3 Investment criteria compliance pathway.

B2.5.1 Section B1.1 General requirements;

B2.5.2 Section 4.3.3 Investment criteria;

B2.5.3 Section 8.2.3 Investment criteria - Energy audit overall process;

B2.5.4 Section 9.1.1 Requirements; and Section 9.2.2 Verification of implemented EEMs - Investment criteria;

B2.5.5 Normative Annex X Investment criteria;

B2.5.6 Section Z4.5 Documentation of compliance for investment criteria through conditional compliance;

B2.5.7 Section Z4.5.1 Phased implementation for investment criteria through conditional compliance.

B2.6 Minimum energy use reduction.Buildings pursuing the minimum energy use reduction compliance pathway shall demonstrate the measured weather normalized energy use intensity (WNEUI) is reduced a minimum of 15 percent from the baseline WNEUI measured from 12 consecutive months of data monitored in a period not to exceed five years prior to the building compliance date, and shall comply with the following requirements of the standard:

B2.6.1 Section B1.1 General requirements;

B2.6.2 Section 4.3.4 Minimum energy use reduction;

B2.6.3 Section 8.2.4 Minimum energy use reduction - Energy audit overall process;

B2.6.4 Section 9.1.1 Requirements; and Section 9.2.3 Verification of implemented EEMs - Minimum energy use reduction;

B2.6.6 Section Z4.7 Documentation of compliance for minimum energy use reduction.

| Note: | Section 4.3.4 Minimum energy use reduction expires after the 2046 - 2048 compliance cycles. | | --- | --- |

B2.7 Space heating electrification.Buildings pursuing the space heating electrification compliance pathway shall replace existing fossil fuel consuming space conditioning equipment with electric heat pump equipment, within five years prior to the building's compliance date. Space heating heat pump(s) shall, at minimum, be designed to meet 90 percent of the building's annual heating demand as required by the Washington state building codes. Buildings must comply with the following requirements of the standard:

B2.7.1 Section B1.1 General requirements;

B2.7.2 Section 4.3.5 Space heating electrification;

B2.7.3 Section 8.2.5 Space heating electrification - Energy audit overall process;

B2.7.4 Section 9.1.1 Requirements; and Section 9.2.4 Verification of implemented EEMs - Space heating electrification;

B2.7.5 Section Z4.8 Documentation of compliance for space heating electrification.

| Note: | Section 4.3.5 Space heating electrification is valid for only one compliance cycle. | | --- | --- |

B3 Compliance pathways for Tier 2 covered buildings.

For each Tier 2 covered building (a building, complex of buildings, or grouped buildings), the building owner must choose a compliance pathway to demonstrate compliance with the Clean Buildings Performance Standard. Each building shall comply with Section B1.1 General requirements and shall demonstrate compliance using one of the following compliance pathways:

B3.1 Compliance through exemptions.Tier 2 covered buildings pursuing compliance through exemption shall demonstrate eligibility qualifications for the exemption and comply with Section Y4.1 Documentation of compliance through exemption of the standard. Tier 2 covered buildings complying through exemption are not required to comply with the sections outlined in Section B1.1 General requirements.

B3.2 Tier 2 covered buildings compliance pathway.Tier 2 covered buildings shall measure and report the building weather normalized energy use intensity (WNEUI) and compare it to the building energy use intensity target (EUIt) and comply with the following requirements of the standard:

B3.2.1 Section B1.1 General requirements;

B3.2.2 Section Y4.2 Documentation of compliance for Tier 2 covered buildings.

History

Statutory Authority: RCW 19.27A.210 and 19.27A.250. WSR 26-15-112, s 194-50-180, filed 7/21/26, effective 8/21/26.