SENATE BILL REPORT

SB 5560

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Reported by Senate Committee On:

Environment, Water & Energy, February 20, 2009

Ways & Means, March 2, 2009

Title: An act relating to state agency climate leadership.

Brief Description: Regarding state agency climate leadership.

Sponsors: Senators Ranker, Swecker, Brown, Hargrove, Pridemore, Marr, Kilmer, Rockefeller, Kauffman, Haugen, Eide, Hobbs, Kohl-Welles, Jarrett, Fraser, Jacobsen and Murray.

Brief History:

Committee Activity: Environment, Water & Energy: 2/11/09, 2/20/09 [DPS, DNP].

Ways & Means: 2/26/09, 3/02/09 [DP2S, DNP, w/oRec].

SENATE COMMITTEE ON ENVIRONMENT, WATER & ENERGY

Majority Report: That Substitute Senate Bill No. 5560 be substituted therefor, and the substitute bill do pass.

Signed by Senators Rockefeller, Chair; Pridemore, Vice Chair; Fraser, Hatfield, Marr, Morton, Ranker and Sheldon.

Minority Report: Do not pass.

Signed by Senators Honeyford, Ranking Minority Member; Delvin and Holmquist.

Staff: Jan Odano (786-7486)

SENATE COMMITTEE ON WAYS & MEANS

Majority Report: That Second Substitute Senate Bill No. 5560 be substituted therefor, and the second substitute bill do pass.

Signed by Senators Prentice, Chair; Fraser, Vice Chair, Capital Budget Chair; Tom, Vice Chair, Operating Budget; Hobbs, Keiser, Kline, Kohl-Welles, McDermott, Murray, Oemig, Pridemore and Rockefeller.

Minority Report: Do not pass.

Signed by Senators Zarelli, Ranking Minority Member; Carrell, Honeyford and Schoesler.

Minority Report: That it be referred without recommendation.

Signed by Senators Brandland, Hewitt and Parlette.

Staff: Maria Hovde (786-7710)

Background: During the 2007 Legislative Session, the Legislature set forth statewide greenhouse gas emissions reductions (GHG) goals. With enactment of E2SHB 2815, providing a framework for reducing greenhouse gas emissions in the Washington economy, the 2008 Legislature required the state to limit emissions of GHG to achieve the statewide emission reductions goals. The requirements are to reduce overall GHG emissions in the state:

An Executive Order issued January 2005 directed agencies, using fiscal year 2003 as the base year, to incorporate green building practices in all new construction projects and major remodels; achieve a 20 percent reduction in petroleum use by 2009; reduce the lifecycle impacts of paper products; and reduce energy purchases by 10 percent. Agencies were also required to annually report their total energy use to the Department of General Administration (GA).

Summary of Bill (Recommended Second Substitute): All state agencies must meet the statewide GHG emission limits and reduce emissions as follows:

Each state agency must report estimates of 2005 emission to the Department of Ecology (Ecology). State agencies that are required to report emissions under the Clean Air Act, must provide emission estimates as required by the Act. The departments may use data such as building space occupied, electricity usage, motor vehicle fuel purchased, and miles driven to develop the estimates.

By June 30, 2011, each state agency must submit a strategy to Ecology on meeting the requirements to reduce GHG emissions. Each state agency must report to Ecology on its actions taken to reduce emissions and energy consumption. GA may report for agencies with fewer than 500 employees. In addition, Ecology must develop an emissions calculator to estimate aggregate emissions and determine emissions from a variety of ways of conducting an activity.

Ecology must report to the Governor and the appropriate legislative committees the total state agencies' GHG emissions for 2005 and actions taken to meet emission reduction targets.

For motor pools and agency vehicle fleets under their control, GA and the Office of Financial Management must phase in an average fuel economy standard of 36 miles per gallon by June 1, 2015. Motor pool is defined to mean passenger vehicles, including passenger vans and sports utility vehicles. Passenger vehicles used for authorized emergency response and pursuit and for natural resource management in a 50 percent off-pavement capacity are exempt from this requirement.

The GA or the responsible agency must conduct an energy audit for state-owned facilities greater than 10,000 square feet that have not had an energy audit completed in the past five years. The director of GA must develop a schedule for completing the energy audits with all audits completed by July 1, 2013. Agencies must install cost effective energy conservation measures recommended in the investment grade audit by June 30, 2016. GA must report to the Governor and the Legislature on progress of developing energy audits, energy benchmarks, and planned energy efficiency measures by December 31, 2014, and a final report by December 31, 2016. Agencies implementing energy conservation measures identified above may retain the savings budgetary restraints provided.

This act must be in effect only to the extent that funds are specifically appropriated for the purposes of this act.

EFFECT OF CHANGES MADE BY WAYS & MEANS COMMITTEE (Recommended Second Substitute): Passenger vehicles used for authorized emergency and pursuit, and for natural resource management in a 50 percent off-pavement capacity are exempted from the 36 mile-per-gallon fuel economy standards. This act must be in effect only to the extent that funds are specifically appropriated for this act.

EFFECT OF CHANGES MADE BY ENVIRONMENT, WATER & ENERGY COMMITTEE (Recommended First Substitute): State agencies are required to meet the statewide greenhouse gas emission limits by reducing emissions by 15 percent below the 2005 levels. Each state agency is required to report its emission to Ecology and to develop a strategy to reduce GHG emissions. The reporting requirements are aligned with other statutory reporting requirements. The requirement to reduce energy consumption to achieve certain targets is eliminated.

Appropriation: None.

Fiscal Note: Available.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony on Original Bill (Environment, Water & Energy): PRO: This bill will allow the state to save money and energy. The state should serve as a leader in reducing its GHG emissions and energy consumption.

OTHER: The state can achieve goals and benchmarks through realistic energy efficiency. The state should continue with its current schedule of energy efficiency upgrades and state agencies should be the model for a carbon footprint.

Persons Testifying (Environment, Water & Energy): PRO: Carrie Dolwick, NW Energy Coalition; Bill Robinson, The Nature Conservancy; Clifford Traisman, Washington Conservation Voters, Washington Environmental Council; Heath Packard, DNR.

OTHER: Kathleen Drew, Governor's Policy Office.

Staff Summary of Public Testimony on Substitute Bill (Ways & Means): OTHER: It is important for the state to lead in GHG emission reductions. Work was done to align this version of the legislation with existing requirements in order to reduce costs. For example, the sustainability plans and measures are similar to what is needed in order to meet existing reduction targets. Legislation in 2008 incorporated some major reporting elements. The fiscal note on this proposed legislation addresses those things that were not covered previously. Some of the costs associated with the energy audits are due to the need for consultants. However, there is likely to be savings as a result of these audits in the long run. An exemption from the fuel economy requirements is requested for sport utility and off-road vehicles used for forest management and forest fire suppression activities.

Persons Testifying (Ways & Means): OTHER: Hedia Adelsman, Department of Ecology; Anne Criss, Department of Transportation; Heath Packard; Department of Natural Resources.