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ENGROSSED SUBSTITUTE SENATE BILL 6580
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State of Washington60th Legislature2008 Regular Session

By Senate Government Operations & Elections (originally sponsored by Senators Marr, Weinstein, Pridemore, Kauffman, Keiser, McAuliffe, Hobbs, Regala, Kline, Kohl-Welles, Fairley, Oemig, Rockefeller, Prentice, and McDermott)

READ FIRST TIME 02/07/08.   



     AN ACT Relating to mitigating the impacts of climate change through the growth management act; adding a new section to chapter 36.70A RCW; creating new sections; and providing expiration dates.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   (1) The legislature recognizes that the profound implications of a changed climate will affect the peoples, institutions, and economies of Washington. While no single local government can substantially influence greenhouse gas emissions or climate change trends, the legislature recognizes that the state, including its local governments and residents, must do its part to reduce greenhouse gas emissions.
     (2) The legislature further recognizes that: (a) Patterns of land use development significantly influence transportation-related greenhouse gas emissions; (b) fossil fuel-based transportation is the largest source of greenhouse gas emissions in Washington; and (c) the state and its residents will not achieve emission reductions established in RCW 80.80.020 without a significant decrease in transportation emissions. To this end, the legislature finds that local land use and state and local transportation plans should be developed to: Minimize greenhouse gas emissions associated with new development and transportation improvements; and reduce overall greenhouse gas emissions in accordance with RCW 80.80.020.
     (3) The legislature finds that comprehensive land use plans of local governments can be a significant tool for meaningfully addressing these difficult issues. The legislature recognizes that locally adopted plans should: (a) Minimize land use patterns that increase vehicle usage; (b) encourage compact communities, in-filling, denser development, linkages with transit options, and other practices that reduce the number of vehicle miles traveled; and (c) encourage green jobs and the provision of affordable housing in areas near employment and service centers.
     (4) The legislature also finds that the effects of global warming are becoming evident in Washington, adversely affecting its residents, economy, and environment. It is critical that Washington and its counties and cities plan to adapt to these adverse effects and take steps to prevent problematic circumstances from becoming worse.
     (5) The legislature further finds that addressing land use-related climate issues will simultaneously advance many other land use planning goals and provide public dividends, including: (a) Realizing reductions in the costs of providing public facilities and services through more compact development; (b) increasing housing affordability through lower public costs and more compact patterns of growth; (c) lessening transportation costs through reductions in the number of vehicle miles traveled; and (d) accomplishing goals for the protection of the environmental resources of rural areas and resource lands by reducing sprawl. The legislature also recognizes that alternative fuels, and vehicles that use alternative fuels or have increased efficiencies, will contribute to lessening greenhouse gas emissions and will encourage investment in these fuels, energy sources, and technologies.
     (6) Without prompt, effective, and comprehensive responses to the environmental and governance challenges of climate change, meaningful solutions to these borderless issues will continue to elude the state and its residents. The legislature recognizes that many Washington counties and cities have begun to independently address climate change. The legislature further finds that to achieve the state's emission reduction goals, a collaborative effort is needed. This act is the first step toward providing local governments with the tools that are necessary to accomplish the state's emission reduction goals.

NEW SECTION.  Sec. 2   A new section is added to chapter 36.70A RCW to read as follows:
     (1) The department must develop and provide advisory climate change response methodologies, computer modeling programs, and estimates to counties and cities that include a range of methodologies and estimates. The advisory methodologies, computer modeling programs, and estimates must reflect regional and local variations and the diversity of counties and cities planning under this chapter, and, at a minimum, also must:
     (a) Identify the greenhouse gas emission reductions that various land use and building measures are estimated to produce. The methodologies developed under this subsection (1)(a) may be expressed as a methodology or a quantification of probable reductions. The methodologies must be capable of considering documented benefits of accommodating growth within urban centers that provide for compact development, appropriate mixes of uses, transit, nonmotorized travel choices, and a balance of employment and housing;
     (b) Consider potential policies, regulatory programs, and other measures counties and cities can implement to adapt to the likely adverse effects of global warming. Policies, programs, and measures considered under this subsection (1)(b) must be consistent with the department of ecology's preparation and adaption work group;
     (c) Identify potential measures to reduce greenhouse gas emissions by lessening vehicle travel; and
     (d) Estimate the number of vehicle miles traveled.
     (2) The department must complete and make available the advisory climate change response methodologies and estimates required by this section by December 1, 2009. These advisory climate change response methodologies and estimates must also be updated two years before each completion date established in RCW 36.70A.130(4)(a).
     (3) In preparing the methodologies and estimates, the department must periodically consult with the advisory team required by section 4(3) of this act.

NEW SECTION.  Sec. 3   (1) A local government global warming mitigation and adaptation program is established. The program must be administered by the department of community, trade, and economic development. The department must, through a competitive process, select at least three counties and six cities for the program. At least one county and one city selected for the program must have potential to be adversely impacted by global warming through sea-level increases, storms, flooding, or other adverse effects. At least one county and one city must be located east of the crest of the Cascade mountains. At least one county and one city must be located west of the crest of the Cascade mountains and outside the central Puget Sound region. Counties selected must reflect a range of opportunities to address climate change in urbanizing, resource, or agricultural areas. Cities selected must reflect a range of sizes, geographic locations, and variations between those that are highly urbanized and those that are less so and include more residential dwellings than employment positions.
     (2) The program is established to assist counties and cities that are addressing climate change through their land use and transportation planning, and those that aspire to do so but lack necessary resources. The department may fund proposals to inventory global warming emissions, mitigate global warming emissions, or adapt to the adverse impacts of global warming using criteria established by the department to accomplish the objectives of this act.
     (3) The department must provide grants and technical assistance to aid the selected counties and cities in their efforts to anticipate, mitigate, and adapt to global warming and its associated problems.
     (4) The program must conclude by June 30, 2010.
     (5) If specific funding for the purposes of this section, referencing this act by bill or chapter number and section number is not provided by June 30, 2008, in the omnibus appropriations act, this section is null and void.
     (6) This section expires January 1, 2011, with a report by the department to the governor and the appropriate committees of the house of representatives and the senate on program findings and recommendations.

NEW SECTION.  Sec. 4   (1) With the use of funds provided by specific appropriation, by December 1, 2008, the department of community, trade, and economic development must provide to the governor and appropriate committees of the house of representatives and the senate, a report that includes: (a) A description of what actions counties and cities are taking to address climate change issues; (b) a recommendation of what changes, if any, to chapter 36.70A RCW and other relevant statutes that would enable state and local governments to address climate change issues through land use and transportation planning processes; (c) an assessment of state and local resources, financial and otherwise, needed to fully implement the recommendations of (b) of this subsection; and (d) recommendations for funding to implement the recommendations of (b) of this subsection that is consistent with the assessment required in (c) of this subsection.
     (2) The report must address, as appropriate and with information that is readily available: (a) What counties and cities have voluntarily done to identify the greenhouse gas emissions of their communities, including those created by counties and cities through governmental activities; (b) the range of strategies chosen by jurisdictions to reduce emissions from their own activities and those of the entire community; (c) a description of obstacles and opportunities to achieve emission reductions in a variety of urban and rural areas; and (d) recommendations for statutory amendments, if any, that are necessary to facilitate emission reductions at the county and city levels.
     (3) In preparing the report, the department shall convene and consult with an advisory team comprised of the following interests, at a minimum: (a) Two members of each major and minor caucus of the house of representatives and the senate; (b) one representative from the office of the governor; (c) one representative from the department of ecology; (d) one representative from the department of community, trade, and economic development; (e) one representative from a city and county from each of the jurisdictional areas of a growth management hearings board; (f) one representative of an association representing real estate interests; (g) one representative from an association representing local government planners; (h) one representative from a nonprofit entity with experience in growth management and land use planning issues; (i) one representative from a statewide business association; and (j) one representative from a nonprofit entity with experience in climate change issues. With the exceptions of (a) of this subsection, which shall be appointed by the president of the senate and the speaker of the house of representatives, (b) of this subsection, which shall be nominated by the governor, and (c) of this subsection, which shall be nominated by the department of ecology, nominations from appropriate organizations shall be submitted to the climate advisory team by July 1, 2008.
     (4) This section expires December 31, 2008.

NEW SECTION.  Sec. 5   This act is not intended to amend or affect chapter 353, Laws of 2007.

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