1. (1) A public transportation benefit area authority may:

   1. (a) Produce, distribute, and use green electrolytic hydrogen and renewable hydrogen for internal operations;
   2. (b) Produce, distribute for sale, or sell green electrolytic hydrogen and renewable hydrogen at wholesale or to an end-use customer; and

   3. (c)

      1. (i) Sell green electrolytic hydrogen and renewable hydrogen at wholesale or to an end-use customer to or through facilities that distribute, compress, store, liquefy, or dispense green electrolytic hydrogen or renewable hydrogen for end use as a transportation fuel.

      2. (ii) For the purposes of (c)(i) of this subsection, public transportation benefit areas may own, operate, or own and operate pipelines or dispensing facilities for green electrolytic hydrogen or renewable hydrogen for end use as a transportation fuel if all such pipelines and dispensing facilities are:

         1. (A) Located in the area where the public transportation benefit area is authorized to provide public transportation service;
         2. (B) located within the county where the public transportation benefit area is authorized to provide public transportation service and are service connected; or (C) located within the county where the public transportation benefit area is authorized to provide public transportation service and are pursuant to a partnership or agreement with one or more public or private partners.
2. (2) Nothing in this section authorizes a public transportation benefit area to sell green electrolytic hydrogen or renewable hydrogen delivered by pipeline to an end-use customer of a gas company.
3. (3) Nothing in this section subjects public transportation benefit areas to the jurisdiction of the utilities and transportation commission, except that the utilities and transportation commission may administer and enforce state and federal pipeline safety requirements, as authorized in chapter 81.88 RCW, including applicable fees payable to the utilities and transportation commission.

4. (4) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

   1. (a) "Green electrolytic hydrogen" has the same meaning provided in RCW 54.04.190.
   2. (b) "Renewable hydrogen" has the same meaning provided in RCW 54.04.190.
   3. (c) "Gas company" has the same meaning provided in RCW 80.04.010.

[ 2023 c 234 s 1.]