In addition to any other authorities conferred by law:

     (1) The department, with the consent of the state agency or school district responsible for a facility, a state or regional university acting independently, and any other state agency acting through the *department of general administration or as otherwise authorized by law, may:

     (a) Develop and finance conservation at public facilities in accordance with express provisions of this chapter;

     (b) Contract for energy services, including performance-based contracts;

     (c) Contract to sell energy savings from a conservation project at public facilities to local utilities or the Bonneville power administration.

     (2) A state or regional university acting independently, and any other state agency acting through the *department of general administration or as otherwise authorized by law, may undertake procurements for third-party development of conservation at its facilities.

     (3) A school district may:

     (a) Develop and finance conservation at school district facilities;

     (b) Contract for energy services, including performance-based contracts at school district facilities; and

     (c) Contract to sell energy savings from energy conservation projects at school district facilities to local utilities or the Bonneville power administration directly or to local utilities or the Bonneville power administration through third parties.

     (4) In exercising the authority granted by subsections (1), (2), and (3) of this section, a school district or state agency must comply with the provisions of RCW 39.35C.040.

[1996 c 186 § 409; 1991 c 201 § 6.]

NOTES:

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

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