Chapter 13.36


13.36.010    Purpose.

13.36.020    Policy.

13.36.030    Responsibility.

13.36.040    Definitions.

13.36.050    Application.

13.36.060    Provisions.

13.36.070    Certificate of completion.

13.36.080    Required filings – Exceptions.

13.36.010 Purpose.

The purpose of this chapter is to establish procedures to enable the town of Eatonville’s electric utility customers to qualify for benefits through the Washington State Renewable Energy System Cost Recovery Incentive Program applicable to qualified renewable energy projects.

The provisions of this policy are intended to be consistent with the requirements of the portions of Chapter 82.16 RCW and WAC 458-20-273 as initially adopted and/or subsequently amended. (Ord. 2016-12 § 1 (Exh. A), 2016).

13.36.020 Policy.

It shall be the policy of the town of Eatonville, herein referred to as the town, to participate in the Washington State Renewable Energy System Cost Recovery Incentive Program as set forth in 2005 SSB 5101 as initially adopted and/or subsequently amended for qualifying projects. (Ord. 2016-12 § 1 (Exh. A), 2016).

13.36.030 Responsibility.

The responsibility for implementation of this policy shall be the town administrator working through and with the director of public works. (Ord. 2016-12 § 1 (Exh. A), 2016).

13.36.040 Definitions.

A. “Application” means the town’s application for participation in the Renewable Energy System Cost Recovery Incentive Program provided by the applicant to the town that initiates the process.

B. “Certificate of completion” means the certificate furnished by the town to be completed by the applicant and the electrical inspector having jurisdiction over the installation of the facilities indicating completion of installation and inspection of the generating facility.

C. “Certification” means documentation verifying that the project is a qualified renewable energy project provided under the Washington State Renewable Energy System Cost Recovery Incentive Program as certified by the Washington State Department of Revenue.

D. “Customer” means any person, corporation, partnership, government agency, or other entity that pays for and takes service from the town’s electric utility.

E. “Customer in good standing” means a new customer that has made all deposits required by EMC 13.36.080 and has had no delinquent penalties assessed in the preceding 12 months.

F. “Electric system” means all electrical wires, equipment, and other facilities owned or provided by the town that are used to transmit electricity to customers.

G. “Generating facility” means a source of electricity provided by a qualified renewable energy project owned by the applicant that is located on the applicant’s side of the meter, and all facilities ancillary and appurtenant thereto, including a meter base for a town-provided production meter that may or may not be interconnected with the electric system.

H. “Incentive payment” means that subsidy provided by the town to the applicant for power generated between July 1st and June 30th of each year in the amount defined in RCW 82.16.120(4); provided, that the total incentive payments to the customer shall not exceed $5,000 in any fiscal year. Customer shall not be eligible for any payments for electricity generated prior to July 11, 2016, or after June 30, 2020.

I. “Town” shall mean the town of Eatonville.

J. “Qualified renewable energy project” means a source of electricity provided by wind system, solar system, or certain type of anaerobic digester that processes manure from cattle into biogas and dried manure using microorganisms in a closed, oxygen free container as set forth in Chapter 82.16 RCW and WAC 458-20-273, and that is certified by the Washington State Department of Revenue as a qualifying project. (Ord. 2016-12 § 1 (Exh. A), 2016).

13.36.050 Application.

A. Applications under this chapter will only be accepted after the customer provides verification that the project is a qualified renewable energy project. Upon receipt of the necessary approved certification, the town will accept completed applications and begin review and processing. The applicant seeking to participate in the program shall be a customer in good standing who shall fill out and submit a signed application. The application must be complete and information must be accurate.

B. The town requires no fees with the application at this time but reserves the rights to do so.

C. All applications submitted under this chapter will be reviewed by the town for compliance and all applicable rules. If the town, in its sole discretion, finds that the application does not comply with the provisions of this policy, the town may reject the application. (Ord. 2016-12 § 1 (Exh. A), 2016).

13.36.060 Provisions.

The general terms and conditions listed in this section shall apply to all applicants and qualified renewable energy projects.

A. Application to the Town. Upon receipt of certification that the project qualifies for incentive payments, the applicant must submit a signed copy of the town’s application for participation.

B. Town Agreement. If the application is approved, applicant shall execute an agreement to offer incentive payments in a form approved by the town.

C. Annual Incentive Payments. For electricity produced after July 11, 2016, by a qualified renewable energy project, the applicant must submit an annual incentive payment application in a form approved by the Department of Revenue for electricity generated from July 1st to June 30th with the town by August 1st for each year thereafter until this program is discontinued. Failure to provide an incentive payment application by this date results in forfeiture of the incentive payments for this period. Within 60 days of receipt of the incentive payment application, the town will notify the customer whether the incentive payment will be approved or denied.

D. Incentive Payment Limitations. The amount of incentive payment requested by customer will not exceed the amount that the town has been authorized to pay under RCW 82.16.120(4). The issuing of incentive payments by the town is limited by the greater of: (1) fifty one-hundredths of one percent of the utility’s taxable sales under Washington law; or (2) $100,000, whichever is greater. This limitation applies to the cumulative total of all qualified incentive payments issued by the town to applicants in a given fiscal year. Should incentive payments owed by the town in a fiscal year exceed this limitation, the town will reduce the applicant’s incentive payment in the same proportion that it reduces all other qualified incentive payments owed in that fiscal year until the limitation is no longer exceeded.

E. Project Information. Applicant agrees to promptly furnish the town with copies of such plans, specifications, records, and other information relating to the generating facility, as may be reasonably requested by the town from time to time.

F. Project Compliance. The applicant acknowledges their responsibility to protect its facilities, loads, and equipment and comply with the requirements of all appropriate standards, codes, statutes and authorities.

G. Ownership. Applicant must own the property upon which the generating facility is installed, and the energy is used. Applicant shall notify the town prior to the sale or transfer of the generating facility, or the premises upon which the facilities are located. The applicant shall not assign its rights or obligations under any agreement entered into pursuant to these rules. (Ord. 2016-12 § 1 (Exh. A), 2016).

13.36.070 Certificate of completion.

A. Applicant must obtain an electrical permit and pass electrical inspection of its generating facility. Applicant shall provide written certification to the town that the generating facility has been installed and inspected in compliance with the local building and/or electrical codes and/or the town’s interconnection requirements or renewable generating requirements. This documentation must include a copy of the electrical inspection and certification from the Department of Revenue regarding the project’s qualification for incentive payments.

B. Production Meter. Upon the town’s receipt of the customer’s certificate of completion the town will provide and install, at the customer’s expense, a town-supplied production meter. (Ord. 2016-12 § 1 (Exh. A), 2016).

13.36.080 Required filings – Exceptions.

A. The town shall maintain on file for inspection by customers the charges, terms and conditions required for application to receive the incentive payments as set forth in the Washington State Renewable Energy System Cost Recovery Incentive for Renewable Energy Program. This information will include the following documents and contracts:

1. Washington State Department of Revenue Renewable Energy System Cost Recovery Certification Form.

2. Application for participation in the Renewable Energy System Incentive Payment Program.

3. The town agreement to offer incentive payments pursuant to the Washington State Renewable Energy System Cost Recovery Incentive Program.

4. Certificate of completion.

5. Renewable Energy System Cost Recovery Annual Incentive Payment Application.

6. Process outline. (Ord. 2016-12 § 1 (Exh. A), 2016).