Chapter 300, Laws of 2021
(partial veto)
67th Legislature
2021 Regular Session
EFFECTIVE DATE: July 25, 2021
Passed by the House April 14, 2021 CERTIFICATE
Yeas 54 Nays 43
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
LAURIE JINKINS State of Washington, do hereby
Speaker of the House of certify that the attached is
BILL 1287 as passed by the House of
Representatives and the Senate on
the dates hereon set forth.
Passed by the Senate April 10, 2021
Yeas 25 Nays 23
DENNY HECK Chief Clerk
President of the Senate
Approved May 13, 2021 11:47 AM with FILED
the exception of section 6, which is
vetoed. May 13, 2021
Secretary of State
JAY INSLEE State of Washington
Governor of the State of Washington
Passed Legislature - 2021 Regular Session
State of Washington 67th Legislature 2021 Regular Session
By House Transportation (originally sponsored by Representatives
Ramel, Hackney, Bateman, Fitzgibbon, Berry, Goodman, Santos, Kloba,
Macri, Bergquist, Ormsby, and Pollet)
1 AN ACT Relating to preparedness for a zero emissions
2 transportation future; amending RCW 19.280.030, 19.27.540, and
3 82.44.200; adding a new section to chapter 47.01 RCW; adding a new
4 chapter to Title 70A RCW; and creating a new section.
6 NEW SECTION. Sec. 1. (1) Motor vehicles are a significant
7 source of air pollution, including greenhouse gas emissions, in
8 Washington. The transportation sector accounts for nearly one-half of
9 greenhouse gas emissions in Washington, and on-road vehicle emissions
10 are responsible for the vast majority of the transportation sector
11 emissions.
12 (2) The widespread adoption of zero emissions vehicles is
13 essential to the achievement of the state emissions limits
14 established in RCW 70A.45.020, which, by 2050, requires a reduction
15 of greenhouse gas emissions to 5,000,000 metric tons and the
16 achievement of net zero greenhouse gas emissions. The rapid uptake of
17 zero emissions vehicles is also an essential component of the state
18 energy strategy, which calls for the phase out of vehicles powered by
19 gasoline or diesel by mid-century. To ensure that the necessary
20 infrastructure is in place to facilitate zero emissions vehicle
21 adoption, the state energy strategy calls for the establishment of
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1 building codes that require installation of the conduit, wiring, and
2 panel capacity necessary to support electric vehicle charging in new
3 and retrofitted buildings.
4 (3) In 2005, Washington first took action to adopt some of the
5 motor vehicle emissions standards of the state of California, which
6 are more protective of human health and the environment than federal
7 motor vehicle emissions standards. In 2020, the legislature directed
8 the department of ecology to adopt all of California's motor vehicle
9 emissions standards, including California's zero emissions vehicles
10 program.
11 (4) A Washington state transition to a zero emissions
12 transportation future requires accurate forecasting of zero emissions
13 vehicle adoption rates, comprehensive planning for the necessary
14 electric vehicle charging and green hydrogen production
15 infrastructure, including the siting of infrastructure in desirable
16 locations with amenities, such as near convenience stores, gas
17 stations, and other small retailers, and managing the load of
18 charging and green hydrogen production and refueling infrastructure
19 as a dynamic energy service to the electric grid.
20 (5) To ensure that the transition to a zero emissions
21 transportation future proceeds efficiently and conveniently for users
22 and operators of the multimodal transportation system, it is the
23 intent of the legislature to:
24 (a) Require state government to provide resources that facilitate
25 the planning and deployment of electric vehicle charging and
26 refueling infrastructure in a transparent, effective, and equitable
27 manner across the state;
28 (b) Ensure utility resource planning analyzes the impacts on
29 electricity generation and delivery from growing adoption and usage
30 of electric vehicles; and
31 (c) Require state building codes that support the anticipated
32 levels of zero emissions vehicle use that result from the program
33 requirements in chapter 70A.30 RCW and that achieve emissions
34 reductions consistent with RCW 70A.45.020.
35 NEW SECTION. Sec. 2. A new section is added to chapter 47.01
36 RCW to read as follows:
37 (1) The department, through the department's public-private
38 partnership office and in consultation with the department of
39 ecology, the department of commerce, and the office of equity, must
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1 develop and maintain a publicly available mapping and forecasting
2 tool that provides locations and essential information of charging
3 and refueling infrastructure to support forecasted levels of electric
4 vehicle adoption, travel, and usage across Washington state.
5 (2)(a) The publicly available mapping and forecasting tool must
6 be designed to enable coordinated, effective, efficient, and timely
7 deployment of charging and refueling infrastructure necessary to
8 support statewide and local transportation electrification efforts
9 that result in emissions reductions consistent with RCW 70A.45.020.
10 (b) The tool must:
11 (i) Initially prioritize on-road transportation;
12 (ii) To the greatest extent possible, maintain the latest data;
13 (iii) Model charging and refueling infrastructure that may be
14 used by owners and operators of light, medium, and heavy-duty
15 vehicles; and
16 (iv) Incorporate the department's traffic data for passenger and
17 freight vehicles.
18 (c) The tool must, if feasible:
19 (i) Provide the data necessary to support programs by state
20 agencies that directly or indirectly support transportation
21 electrification efforts;
22 (ii) Evolve over time to support future transportation
23 electrification programs;
24 (iii) Provide data at a scale that supports electric utility
25 planning for the impacts of transportation electrification both
26 systemwide and on specific components of the distribution system; and
27 (iv) Forecast statewide zero emissions vehicle use that would
28 achieve the emissions reductions consistent with RCW 70A.45.020. The
29 department may reference existing zero emissions vehicle use
30 forecasts, such as that established in the state energy strategy.
31 (3) The department, in consultation with the department of
32 commerce, the department of ecology, and the office of equity, may
33 elect to include other transportation charging and refueling
34 infrastructure, such as maritime, public transportation, and aviation
35 in the mapping and forecasting tool.
36 (4) The tool must include, to the extent feasible, the following
37 elements:
38 (a) The amount, type, location, and year of installation for
39 electric vehicle supply equipment that is expected to be necessary to
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1 support forecasted electric vehicle penetration and usage within the
2 state;
3 (b) Electric vehicle adoption, usage, technological profiles, and
4 any other characteristics necessary to model future electric vehicle
5 penetration levels and use cases that impact electric vehicle supply
6 equipment needs within the state;
7 (c) The estimated energy and capacity demand based on inputs from
8 (b) of this subsection;
9 (d) Boundaries of political subdivisions including, but not
10 limited to:
11 (i) Retail electricity suppliers;
12 (ii) Public transportation agency boundaries;
13 (iii) Municipalities;
14 (iv) Counties; and
15 (v) Federally recognized tribal governments;
16 (e) Existing and known publicly or privately owned level 2,
17 direct current fast charge, and refueling infrastructure. The
18 department must identify gas stations, convenience stores, and other
19 small retailers that are colocated with existing and known electric
20 vehicle charging infrastructure identified under this subsection;
21 (f) A public interface designed to provide any user the ability
22 to determine the forecasted charging and refueling infrastructure
23 needs within a provided geographic boundary, including those listed
24 under (d) of this subsection; and
25 (g) The ability for all data tracked within the tool to be
26 downloadable or usable within a separate mapping and forecasting
27 tool.
28 (5) The tool must, if feasible, integrate scenarios including:
29 (a) Varying levels of public transportation utilization;
30 (b) Varying levels of active transportation usage, such as biking
31 or walking;
32 (c) Vehicle miles traveled amounts above and below the baseline;
33 (d) Adoption of autonomous and shared mobility services; and
34 (e) Forecasts capturing each utility service area's relative
35 level of zero emissions vehicle use that would achieve each utility
36 service area's relative emissions reductions consistent with RCW
37 70A.45.020.
38 (6) To support highly impacted communities and vulnerable
39 populations disproportionately burdened by transportation-related
40 emissions and to ensure economic and mobility benefits flow to
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1 communities that have historically received less investment in
2 infrastructure, the mapping and forecasting tool must integrate
3 population, health, environmental, and socioeconomic data on a census
4 tract basis. The department may use existing data used by other state
5 or federal agencies. The department must consult with the department
6 of health, the office of equity, the department of ecology, and other
7 agencies as necessary in order to ensure the tool properly integrates
8 cumulative impact analyses best practices and to ensure that the tool
9 is developed in coordination with other state government
10 administrative efforts to identify disproportionately impacted
11 communities.
12 (7) The mapping and forecasting tool must, to the extent
13 appropriate, integrate related analyses, such as the department of
14 commerce's state energy strategy, the joint transportation
15 committee's public fleet electrification study, the west coast
16 collaborative's alternative fuel infrastructure corridor coalition
17 report, and other related electric vehicle supply equipment
18 assessments as deemed appropriate. To the extent that the mapping and
19 forecasting tool is used by the department as the basis for the
20 identification of recommended future electric vehicle charging sites,
21 the department must consider recommending sites that are colocated
22 with small retailers, including gas stations and convenience stores,
23 and other amenities.
24 (8) Where appropriate and feasible, the mapping and forecasting
25 tool must incorporate infrastructure located at or near the border in
26 neighboring state and provincial jurisdictions.
27 (9) In designing the mapping and forecasting tool, the department
28 must coordinate with the department of commerce, the department of
29 ecology, the utilities and transportation commission, and other state
30 agencies as needed in order to ensure the mapping and forecasting
31 tool is able to successfully facilitate other state agency programs
32 that involve deployment of electric vehicle supply equipment.
33 (10) The department must conduct a stakeholder process in
34 developing the mapping and forecasting tool to ensure the tool
35 supports the needs of communities, public agencies, and relevant
36 private organizations. The stakeholder process must involve
37 stakeholders, including but not limited to electric utilities, early
38 in the development of the tool.
39 (11) The department may contract with the department of commerce
40 or consultants, or both, to develop and implement all or portions of
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1 the mapping and forecasting tool. The department may rely on or, to
2 the extent necessary, contract for privately maintained data
3 sufficient to develop the elements specified in subsection (4) of
4 this section.
5 (12) The definitions in this subsection apply throughout this
6 section unless the context clearly requires otherwise:
7 (a) "Charging infrastructure" means a unit of fueling
8 infrastructure that supplies electric energy for the recharging of
9 battery electric vehicles.
10 (b) "Direct current fast charger" means infrastructure that
11 supplies electricity to battery electric vehicles at capacities no
12 less than 50 kilowatts, typically using 208/408 volt three-phase
13 direct current electricity.
14 (c) "Electric vehicle" means any craft, vessel, automobile,
15 public transportation vehicle, or equipment that transports people or
16 goods and operates, either partially or exclusively, on electrical
17 energy from an off-board source that is stored onboard for motive
18 purpose.
19 (d) "Electric vehicle supply equipment" means charging
20 infrastructure and hydrogen refueling infrastructure.
21 (e) "Level 2 charger" means infrastructure that supplies
22 electricity to battery electric vehicles at 240 volts and equal to or
23 less than 80 amps.
24 (f) "Refueling infrastructure" means a unit of fueling
25 infrastructure that supplies hydrogen for the resupply of hydrogen
26 fuel cell electric vehicles.
27 Sec. 3. RCW 19.280.030 and 2019 c 288 s 14 are each amended to
28 read as follows:
29 Each electric utility must develop a plan consistent with this
30 section.
31 (1) Utilities with more than twenty-five thousand customers that
32 are not full requirements customers must develop or update an
33 integrated resource plan by September 1, 2008. At a minimum, progress
34 reports reflecting changing conditions and the progress of the
35 integrated resource plan must be produced every two years thereafter.
36 An updated integrated resource plan must be developed at least every
37 four years subsequent to the 2008 integrated resource plan. The
38 integrated resource plan, at a minimum, must include:
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1 (a) A range of forecasts, for at least the next ten years or
2 longer, of projected customer demand which takes into account
3 econometric data and customer usage;
4 (b) An assessment of commercially available conservation and
5 efficiency resources, as informed, as applicable, by the assessment
6 for conservation potential under RCW 19.285.040 for the planning
7 horizon consistent with (a) of this subsection. Such assessment may
8 include, as appropriate, opportunities for development of combined
9 heat and power as an energy and capacity resource, demand response
10 and load management programs, and currently employed and new policies
11 and programs needed to obtain the conservation and efficiency
12 resources;
13 (c) An assessment of commercially available, utility scale
14 renewable and nonrenewable generating technologies including a
15 comparison of the benefits and risks of purchasing power or building
16 new resources;
17 (d) A comparative evaluation of renewable and nonrenewable
18 generating resources, including transmission and distribution
19 delivery costs, and conservation and efficiency resources using
20 "lowest reasonable cost" as a criterion;
21 (e) An assessment of methods, commercially available
22 technologies, or facilities for integrating renewable resources,
23 including but not limited to battery storage and pumped storage, and
24 addressing overgeneration events, if applicable to the utility's
25 resource portfolio;
26 (f) An assessment and ten-year forecast of the availability of
27 regional generation and transmission capacity on which the utility
28 may rely to provide and deliver electricity to its customers;
29 (g) A determination of resource adequacy metrics for the resource
30 plan consistent with the forecasts;
31 (h) A forecast of distributed energy resources that may be