Washington SB 5634: Concerning aggregating counts of retail theft with special circumstances.

Bill Text

AN ACT Relating to improving accessibility of community solar 1
projects in Washington state; and amending RCW 80.28.370, 82.16.170, 2
82.16.182, 82.16.183, and 82.16.184.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 80.28.370 and 2017 3rd sp.s. c 36 s 10 are each 5
amended to read as follows:6
The definitions in this section apply throughout this section and 7
RCW 80.28.375 unless the context clearly requires otherwise.8
(1) "Community solar company" means a person, firm, ((or)) 9
organization, corporation, ((other than an electric utility or a 10
community solar cooperative, that owns a community solar project and 11
provides community solar project services to project participants)) 12
community solar cooperative, or any other entity that owns a 13
community solar project or provides community solar project services 14
to project participants or subscribers, except that a community solar 15
company does not include an electric utility, tribal government, or 16
the sole participating low-income service provider of a community 17
solar project administering a community solar project and receiving 18
an incentive as described in RCW 82.16.183.19
(2) "Community solar project" means a solar energy system that 20
has ((a direct current nameplate generating capacity that is no 21
S-1050.1
SENATE BILL 5634
State of Washington 69th Legislature 2025 Regular Session
By Senators Lovelett, Chapman, Kauffman, Saldaña, and Shewmake
Read first time 02/03/25. Referred to Committee on Environment,
Energy & Technology.
p. 1 SB 5634

larger than one thousand kilowatts)), at a minimum, either two 1
subscribers or one low-income service provider subscriber, receiving 2
the benefits from the energy output of the system.3
(3) "Community solar project services" ((means the provision of 4
electricity generated by a community solar project, or the provision 5
of the financial benefits associated with electricity generated by a 6
community solar project, to multiple project participants, and may 7
include other services associated with the use of the community solar 8
project such as system monitoring and maintenance, warranty 9
provisions, performance guarantees, and customer service)) includes, 10
but is not limited to, the following activities:11
(a) Marketing community solar project subscriptions;12
(b) Collecting funds that are intended to pay for a portion of a 13
community solar project or to purchase, subscribe to, or compensate 14
for benefits from a project's output;15
(c) Enrolling subscribers or project participants in a community 16
solar project;17
(d) Administering the energy or financial benefits from a 18
community solar project to its subscribers or participants; and19
(e) Soliciting or entering into contracts for interconnection of 20
a community solar project for the purpose of transferring the energy 21
benefits described in RCW 82.16.183 to project subscribers.22
(4) "Electric utility" means a consumer-owned utility or 23
investor-owned utility as those terms are defined in RCW 19.280.020.24
(5) "Project participant" means a customer who subscribes to, 25
enters into a lease, power purchase agreement, loan, or other 26
((financial)) agreement with a community solar company or other 27
community solar project administrator in order to obtain a beneficial 28
interest in, other than direct ownership of, a community solar 29
project.30
(6) "Solar energy system" means any device or combination of 31
devices or elements that rely upon direct sunlight as an energy 32
source for use in the generation of electricity.33
Sec. 2. RCW 82.16.170 and 2022 c 212 s 6 are each amended to 34
read as follows:35
(1) The purpose of community solar programs is to facilitate 36
broad, equitable community investment in and access to solar power. 37
Beginning July 1, 2017, a community solar administrator may organize 38
and administer a community solar project as provided in this section. 39
p. 2 SB 5634

When the administrator is not a utility, tribal government, or sole 1
participating low-income service provider of the project, the 2
administrator must be registered with the commission as a community 3
solar company as required in RCW 80.28.375.4
(2) In order to receive certification for the incentive payment 5
provided under RCW 82.16.165(1) by June 30, 2021, a community solar 6
project must have a direct current nameplate capacity that is no more 7
than one thousand kilowatts and must have at least ten participants 8
or at least one participant for every ten kilowatts of direct current 9
nameplate capacity, whichever is greater. A community solar project 10
that has a direct current nameplate capacity greater than five 11
hundred kilowatts must be subject to a standard interconnection 12
agreement with the utility serving the situs of the community solar 13
project. Except for community solar projects authorized under 14
subsection (10) of this section, each participant must be a customer 15
of the ut