wa-law.org > bill > 2025-26 > HB 2103 > Original Bill
The legislature finds that surging demand for electricity and the necessity of meeting Washington's clean energy goals will require local governments and other public entities to have greater flexibility for investing in new electric generation projects. The legislature further finds that such flexibility was previously provided by the legislature, but only for a limited set of qualified alternative energy resources that no longer completely align with newer categories of clean energy resources established in the Washington clean energy transformation act. Therefore, the legislature intends to encourage the development of renewable resources and nonemitting electric generation by making it easier for various public entities to invest in such projects, which are essential to having a successful future for the electric power system in Washington.
A city of the first class may contract to purchase from a joint operating agency electric power and energy required for its present or future requirements. For projects using a renewable resource or nonemitting electric generation as defined in RCW 19.405.020, the contract may include the purchase of capability of the projects to produce electricity in addition to the actual output of the projects. The contract may provide that the city must make the payments required by the contract whether or not a project is completed, operable, or operating and notwithstanding the suspension, interruption, interference, reduction, or curtailment of the output of a project or the power and energy contracted for. The contract may also provide that payments under the contract are not subject to reduction, whether by offset or otherwise, and shall not be conditioned upon the performance or nonperformance of the joint operating agency or a city, town, or public utility district under the contract or other instrument.
A city of the second class may contract to purchase from a joint operating agency electric power and energy required for its present or future requirements. For projects using a renewable resource or nonemitting electric generation as defined in RCW 19.405.020, the contract may include the purchase of capability of the projects to produce electricity in addition to the actual output of the projects. The contract may provide that the city must make the payments required by the contract whether or not a project is completed, operable, or operating and notwithstanding the suspension, interruption, interference, reduction, or curtailment of the output of a project or the power and energy contracted for. The contract may also provide that payments under the contract are not subject to reduction, whether by offset or otherwise, and shall not be conditioned upon the performance or nonperformance of the joint operating agency or a city, town, or public utility district under the contract or other instrument.
A town may contract to purchase from a joint operating agency electric power and energy required for its present or future requirements. For projects using a renewable resource or nonemitting electric generation as defined in RCW 19.405.020, the contract may include the purchase of capability of the projects to produce electricity in addition to the actual output of the projects. The contract may provide that the town must make the payments required by the contract whether or not a project is completed, operable, or operating and notwithstanding the suspension, interruption, interference, reduction, or curtailment of the output of a project or the power and energy contracted for. The contract may also provide that payments under the contract are not subject to reduction, whether by offset or otherwise, and shall not be conditioned upon the performance or nonperformance of the joint operating agency or a city, town, or public utility district under the contract or other instrument.
A city or town may contract to purchase from a joint operating agency electric power and energy required for its present or future requirements. For projects using a renewable resource or nonemitting electric generation as defined in RCW 19.405.020, the contract may include the purchase of capability of the projects to produce electricity in addition to the actual output of the projects. The contract may provide that the city or town must make the payments required by the contract whether or not a project is completed, operable, or operating and notwithstanding the suspension, interruption, interference, reduction, or curtailment of the output of a project or the power and energy contracted for. The contract may also provide that payments under the contract are not subject to reduction, whether by offset or otherwise, and shall not be conditioned upon the performance or nonperformance of the joint operating agency or a city, town, or public utility district under the contract or other instrument.
Any code city is authorized to enter into contracts or compacts with any commission or any operating agency, public or private project owner, or publicly or privately owned utility for the purchase and sale of electric energy or falling waters, or the purchase of capability of a project to produce electricity in addition to the actual output of the project where the project is limited to using a renewable resource or nonemitting electric generation as defined in RCW 19.405.020, as provided in RCW 43.52.410 and chapter 35.84 RCW and to exercise any other authority granted to cities as provided in chapter 43.52 RCW.
A code city may contract to purchase from a joint operating agency electric power and energy required for its present or future requirements. For projects using a renewable resource or nonemitting electric generation as defined in RCW 19.405.020, the contract may include the purchase of capability of the projects to produce electricity in addition to the actual output of the projects. The contract may provide that the code city must make the payments required by the contract whether or not a project is completed, operable, or operating and notwithstanding the suspension, interruption, interference, reduction, or curtailment of the output of a project or the power and energy contracted for. The contract may also provide that payments under the contract are not subject to reduction, whether by offset or otherwise, and shall not be conditioned upon the performance or nonperformance of the joint operating agency or a city, town, or public utility district under the contract or other instrument.
Any city , district, or operating agency is authorized to enter into contracts or compacts with any operating agency, public or private project owner, or a publicly or privately owned public utility for the purchase and sale of electric energy or falling waters, or the purchase of capability of a project to produce electricity in addition to the actual output of the project where the project is limited to using a renewable resource or nonemitting electric generation as defined in RCW 19.405.020.
For the purposes of this section, the purchase of capability of a project to produce electricity in addition to the actual output of the project means that the contract may provide that the city, district, or operating agency must make the payments required by the contract whether or not the project is completed, operable, or operating and notwithstanding the suspension, interruption, interference, reduction, or curtailment of the output of the project or the power and energy contracted for. Such contract may also provide that payments under the contract are not subject to reduction, whether by offset or otherwise, and may not be conditioned upon the performance or nonperformance of the operating agency, public or private project owner, or publicly or privately owned public utility, or a city, district, or operating agency under the contract or other instrument.
A city or district may contract to purchase from an operating agency electric power and energy required for its present or future requirements. For projects using a renewable resource or nonemitting electric generation as defined in RCW 19.405.020, the contract may include the purchase of capability of the projects to produce electricity in addition to the actual output of the projects. The contract may provide that the city or district must make the payments required by the contract whether or not a project is completed, operable, or operating and notwithstanding the suspension, interruption, interference, reduction, or curtailment of the output of a project or the power and energy contracted for. The contract may also provide that payments under the contract are not subject to reduction, whether by offset or otherwise, and shall not be conditioned upon the performance or nonperformance of the operating agency or a city or district under the contract or other instrument.
A district may contract to purchase from a joint operating agency electric power and energy required for its present or future requirements. For projects using a renewable resource or nonemitting electric generation as defined in RCW 19.405.020, the contract may include the purchase of capability of the projects to produce electricity in addition to the actual output of the projects. The contract may provide that the district must make the payments required by the contract whether or not a project is completed, operable, or operating and notwithstanding the suspension, interruption, interference, reduction, or curtailment of the output of a project or the power and energy contracted for. The contract may also provide that payments under the contract are not subject to reduction, whether by offset or otherwise, and shall not be conditioned upon the performance or nonperformance of the joint operating agency or a city, town, or district under the contract or other instrument.