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June 02, 2022

New Washington Legislation Opens Door for Expanded Energy Solutions

Updated performing contracting language provides opportunities to expand solutions for performance contracting projects.

Washington State legislators have approved HB 1768, a bill that modernizes definitions used in performance contracting language applicable to energy conservation projects. Signed by Governor Jay Inslee on March 24, 2022, the bill went into effect on June 9, 2022.The expanded language allows our clients to consider and apply more solutions to their performance contracting projects. Specifically, the updates reference emerging solutions such as electric vehicle charging infrastructure, distributed energy projects, energy storage projects and grid-interactive measures.

Why were changes proposed?

The current performance contracting language was drafted over two decades ago. The language was effective for many years and led Washington State to become one of the most successful performance contracting markets in the nation. However, when the original language was developed, it did not consider a clean energy future. The codes as they are written today, limit our ability to use performance contracting to advance important project work for the future of clean energy, such as deploying electric vehicle charging, certain cases of fuel switching, distributed energy solutions and other projects that create energy benefit outside of “facilities.”

What changes were made?

HB 1768 was proposed to modernize existing legislation, a task different than drafting brand new legislation.Below is an overview of the changes:

At McKinstry, we celebrate this legislation which unlocks our clients’ ability to participate in and drive toward a zero-carbon future. Efficient, smart and clean energy solutions are within reach.

Creative solutions that let you focus on your mission and core business are possible. Visit our EcoDistrict and Energy Services pages to learn more about distributed energy sources, energy storage, electric vehicle charging infrastructure, grid-interactive and connected buildings and more.

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See innovation and creativity in action through our recent projects.

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Electric Bus Charging Pilot

King County Metro’s charging facility for its battery-electric bus fleet is the first step towards a zero-emission fleet by 2035.

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Efficient Facility Upgrades

The Washington State Department of Health’s facility upgrades will increase reliability and reduce emissions by 85%.

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Biogas Generation

The City of Tacoma is producing clean-burning biogas from its wastewater treatment plant to power its municipal fleet.

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