S-1707               _______________________________________________

                                    SENATE CONCURRENT RESOLUTION NO. 116

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State of Washington                              49th Legislature                              1985 Regular Session

By Senators Bender, Guess, Vognild, McCaslin, Owen, Hansen, Benitz, Bauer, Hayner and McManus

Read first time 2/8/85 and referred to Committee on Governmental Operations.

WHEREAS, The housing industry of Washington state is a crucial industry which contributes significantly to the economy; and

          WHEREAS, Affordable residential housing which is energy efficient and provides a healthy environment for individuals is a primary goal of the housing industry; and

          WHEREAS, The Northwest Power Planning Council has proposed model conservation standards for new housing utilizing electric space heating and requiring untested energy conservation components which will significantly increase consumer housing costs and rents; and

          WHEREAS, The model conservation standards may present significant potential health risks to the occupants of housing built or retrofit to the proposed model conservation standards, and the assignment of liability in litigation arising from lawsuits resulting from personal injury to occupants of housing built to the model conservation standards is undetermined; and

          WHEREAS, The cost to the owners and renters of housing built to the model conservation standards may be greater than the energy savings resulting from implementation of the model conservation standards; and

          WHEREAS, The cost-effectiveness and economic feasibility of the model conservation standards have not been demonstrated by component testing as required by federal law; and

          WHEREAS, The Northwest Power Planning Council has not received approval or endorsement of its draft environmental impact statement regarding the potential adverse health effects of implementing the model conservation standards in new residential construction as required by law; and

          WHEREAS, The Bonneville Power Administration has been instructed by the Northwest Power Planning Council to impose a surcharge on energy purchased from the Bonneville Power Administration by utilities and subdivisions of Washington state government who have not adopted the model conservation standards by January 1, 1986, and the resulting increased utility rates would not be uniformly applied to all purchasers of electric power; and

          WHEREAS, The authority of the Power Planning Council to impose rate sanctions may be unconstitutional; and

          WHEREAS, The United States Department of Justice holds the position that the Power Planning Council does not have the constitutional authority to levy rate surcharges; and

          WHEREAS, The Washington state legislature reserves the right of final adoptive authority for proposed building and energy codes; and

          WHEREAS, The United States Court of Appeals has yet to render a decision on pending litigation challenging the model conservation standards and the authority of the Northwest Power Planning Council to impose the model conservation standards and utility rate surcharges;

          NOW, THEREFORE, BE IT RESOLVED, By the Senate of the state of Washington, the House of Representatives concurring, That the Congress of the United States direct the Northwest Power Planning Council and the Bonneville Power Administration to delay consideration of implementation of the proposed model conservation standards and the proposed utility rate surcharges until January 1, 1990, or until such time that the mandates and requirements of the Power Planning Act of 1980 be proven accomplished as determined by substantial review, endorsement and acceptance of government and private sector parties which are subject to action taken by the Power Planning Council and the Bonneville Power Authority resulting from implementation of said act; and

          BE IT FURTHER RESOLVED, That copies of this resolution be transmitted to the Congressional delegation of the States of Montana, Idaho, Oregon and Washington, and to the Secretary of the United States Departments of Energy, Interior and the Environmental Protection Agency, and to the Governors of the States of Montana, Idaho, Oregon and Washington, and to the President of the Senate and the Speaker of the House of Representatives of the States of Montana, Idaho, and Oregon, and to the Chairman and members of the Northwest Power Planning Council, the Director of the Bonneville Power Administration and to each of the managers, presidents or directors of each private and public utility in Washington which purchase wholesale power in whole or in part from the Bonneville Power Administration, and to each mayor, city manager, county commissioner or county executive of the cities, counties and towns of Washington state.