(1) No
consumer-owned utility may enter into a long-term financial
commitment unless the baseload electric generation supplied under
such a long-term financial commitment complies with the
greenhouse gases emissions performance standard established under
RCW 80.80.040.
(2) The governing board shall review and make a
determination on any long-term financial commitment by the
utility, pursuant to this chapter and after consultation with the
department, to determine whether the baseload electric generation
to be supplied under that long-term financial commitment complies
with the greenhouse gases emissions performance standard
established under RCW 80.80.040. No consumer-owned utility may
enter into a long-term financial commitment unless the baseload
electric generation to be supplied under that long-term financial
commitment complies with the greenhouse gases emissions
performance standard established under RCW 80.80.040.
(3) In confirming that a long-term financial commitment is
for baseload electric generation, the governing board shall
consider the design of the power plant and the intended use of
the power plant based upon the electricity purchase contract, if
any, permits necessary for the operation of the power plant, and
any other matter the governing board determines is relevant under
the circumstances.
(4) The governing board may provide a case-by-case exemption
from the greenhouse gases emissions performance standard to
address: (a) Unanticipated electric system reliability needs; or
(b) catastrophic events or threat of significant financial harm
that may arise from unforeseen circumstances.
(5) The governing board shall apply the procedures adopted
by the department to verify the emissions of greenhouse gases
from baseload electric generation under RCW 80.80.040, and may
request assistance from the department in doing so.
(6) For consumer-owned utilities, the auditor is responsible
for auditing compliance with this chapter and rules adopted under
this chapter that apply to those utilities and the attorney
general is responsible for enforcing that compliance.
[2007 c 307 § 9.]