BILL REQ. #:  S-4429.1 

READ FIRST TIME 02/06/04.   

     AN ACT Relating to electrification projects to reduce air pollution in environmentally hazardous areas; adding new sections to chapter 70.94 RCW; creating a new section; and declaring an emergency.

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

NEW SECTION.  Sec. 1   The legislature recognizes that the air quality around idling heavy duty diesel vehicles at truck stops and large vessels in marine ports can contribute to unhealthy conditions. The legislature also recognizes that many other states, the federal government, and the countries of Canada and Mexico and private sector organizations are examining the issues related to this problem. Washington state must work cooperatively with these governments and organizations to seek compatible solutions to improve the air quality. The legislature recognizes and declares that environmental issues of this nature should not become issues that interfere with the competitiveness of businesses, and that the states' efforts include solutions that work especially well with any projects undertaken by Idaho, Oregon, California, Canada, and Mexico.
     Idling vehicles not only consume up to one billion gallons of diesel fuel a year, but also contribute to air pollution by releasing volatile organic compounds, carbon monoxide, carbon dioxide, nitrogen oxides, and particulates. Additionally, these conditions contribute to driver fatigue through exposure to noise, vibration, and elevated levels of carbon monoxide and other pollutants.
     These emissions include fine particles and gases that contribute to deteriorating human health conditions, including asthma, heart disease, cancer, aggravated allergies, and more.
     The state can assist in the reduction of idling vehicles by providing infrastructure to support the use of auxiliary power through a system of stand-alone and onboard electrification projects.
     The legislature intends to provide assistance to owners and operators of heavy duty diesel vehicles which contribute to areas of concentrated air pollution by providing infrastructure to support the electrification of these facilities and seeking federal assistance to aid the owners and operators of vehicles, vessels, and trains to modify their equipment to accept auxiliary power when stationary.
     The legislature intends to support electrification projects in areas where the current conditions are especially harmful to human health and there exist cost-effective solutions.

NEW SECTION.  Sec. 2   A new section is added to chapter 70.94 RCW to read as follows:
     (1) The department shall develop, in consultation with the department of transportation and the Washington public ports association, a list of approximately ten sites where cost-effective electrification projects appear to be practical and could be initiated for heavy duty diesel vehicles or large vessels. The sites shall be selected in areas where these vehicles and vessels commonly operate their engines or run diesel generators, while stationary, for lengthy periods of time. The department shall also develop a list of recommended nonelectrification options for improving the air quality at truck stops and in marine ports.
     (2) In developing the list of potential electrification sites, the department shall consider:
     (a) Cost of installing electrification infrastructure; and
     (b) Areas designated by the environmental protection agency as in nonattainment for any air pollutant, former nonattainment areas, or areas at risk of receiving a nonattainment designation, or areas where the greatest hazards to human health are suspected.
     (3) In developing the site list and list of nonelectrification options, the department is not required to conduct any original scientific research. The department shall use existing, available information including ongoing studies and initiatives being conducted in other states, by the federal government, and in Canada and Mexico. The department shall make reasonable assumptions and estimates as it deems necessary to meet the intent of this section.
     (4) In the site list, the department shall seek the advice of individuals representing trucking, truck stop, and maritime organizations and businesses, local air authorities, and public health organizations.
     (5) The list of sites for potential electrification projects and the list of nonelectrification options shall be submitted to the appropriate committees of the legislature and the governor by December 15, 2004. The list may be updated as the department deems appropriate.

NEW SECTION.  Sec. 3   A new section is added to chapter 70.94 RCW to read as follows:
     The department shall initiate electrification pilot projects at sites identified under the provisions of section 2 of this act as funding becomes available under section 4 of this act.

NEW SECTION.  Sec. 4   A new section is added to chapter 70.94 RCW to read as follows:
     The department shall seek financial assistance from federal and nonstate sources to fund stand-alone and onboard electrification infrastructure projects and, when needed, to assist owners and operators of heavy duty diesel vehicles to modify their onboard equipment to accept auxiliary power when stationary.
     The department shall also develop a state funding strategy for construction of additional electrification projects.

NEW SECTION.  Sec. 5   A new section is added to chapter 70.94 RCW to read as follows:
     For the purposes of sections 2 through 4 of this act, the following words shall have the following meanings:
     (1) "Heavy duty diesel vehicles" means any diesel vehicle with a gross vehicle weight rating over fourteen thousand pounds;
     (2) "Large vessel" means a tank vessel, cargo vessel, or passenger vessel as those terms are defined in RCW 88.40.011;
     (3) "Onboard electrification projects" means systems that require the truck or vessel to be equipped with the necessary components to accept electrical power, including inverters, heat and air systems capable of being powered by electricity, and hardware to plug into an electrical outlet; and
     (4) "Stand-alone electrification projects" means an independent system that supplies the vehicle's needs for heating, ventilation, and air conditioning without modification to the vehicle.

NEW SECTION.  Sec. 6   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.