Additional authority of state agencies.
RCW 39.35C.090
in effectIn addition to any other authorities conferred by law: (1) The department, with the consent of the state agency responsible for a facility, a state or regional university acting independently, and any other state agency acting through the department or as otherwise authorized by law, may: (a) Contract to sell electric energy generated at state facilities to a utility; and (b) Contract to sell thermal energy produced at state facilities to a utility. (2) A state or regional university acting independently, and any other state agency acting through the department or as otherwise authorized by law, may: (a) Acquire, install, permit, construct, own, operate, and maintain cogeneration and facility heating and cooling measures or equipment, or both, at its facilities; (b) Lease state property for the installation and operation of cogeneration and facility heating and cooling equipment at its facilities; (c) Contract to purchase all or part of the electric or thermal output of cogeneration plants at its facilities; (d) Contract to purchase or otherwise acquire fuel or other energy sources needed to operate cogeneration plants at its facilities; and (e) Undertake procurements for third-party development of cogeneration projects at its facilities, with successful bidders to be selected based on the responsible bid, including nonprice elements listed in RCW 39.26.160 , that offers the greatest net achievable benefits to the state and its agencies. (3) After July 28, 1991, a state agency shall consult with the department prior to exercising any authority granted by this section. (4) In exercising the authority granted by subsections (1) and (2) of this section, a state agency must comply with the provisions of RCW 39.35C.080 .
In addition to any other authorities conferred by law:
(1) The department, with the consent of the state agency responsible for a facility, a state or regional university acting independently, and any other state agency acting through the department or as otherwise authorized by law, may:
(a) Contract to sell electric energy generated at state facilities to a utility; and
(b) Contract to sell thermal energy produced at state facilities to a utility.
(2) A state or regional university acting independently, and any other state agency acting through the department or as otherwise authorized by law, may:
(a) Acquire, install, permit, construct, own, operate, and maintain cogeneration and facility heating and cooling measures or equipment, or both, at its facilities;
(b) Lease state property for the installation and operation of cogeneration and facility heating and cooling equipment at its facilities;
(c) Contract to purchase all or part of the electric or thermal output of cogeneration plants at its facilities;
(d) Contract to purchase or otherwise acquire fuel or other energy sources needed to operate cogeneration plants at its facilities; and
(e) Undertake procurements for third-party development of cogeneration projects at its facilities, with successful bidders to be selected based on the responsible bid, including nonprice elements listed in RCW 39.26.160 , that offers the greatest net achievable benefits to the state and its agencies.
(3) After July 28, 1991, a state agency shall consult with the department prior to exercising any authority granted by this section.
(4) In exercising the authority granted by subsections (1) and (2) of this section, a state agency must comply with the provisions of RCW 39.35C.080 .
Source: WA Statutes (Official Site)URL: https://app.leg.wa.gov/RCW/default.aspx?cite=39.35C&full=trueFetched: 6/29/2026