ESSB 6580 -
By Committee on Appropriations
ADOPTED AND ENGROSSED 03/06/2008
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 (1) The legislature recognizes that the
implications of a changed climate will affect the people, institutions,
and economies of Washington. The legislature also recognizes that it
is in the public interest to reduce the state's dependence upon foreign
sources of carbon fuels that do not promote energy independence or the
economic strength of the state. The legislature finds that the state,
including its counties, cities, and residents, must engage in
activities that reduce greenhouse gas emissions and dependence upon
foreign oil.
(2) The legislature further recognizes that: (a) Patterns of land
use development influence transportation-related greenhouse gas
emissions and the need for foreign oil; (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.
(3) The legislature, therefore, finds that it is in the public
interest of the state to provide appropriate legal authority, where
required, and to aid in the development of policies, practices, and
methodologies that may assist counties and cities in addressing
challenges associated with greenhouse gas emissions and our state's
dependence upon foreign oil.
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 to counties and cities
a range of advisory climate change response methodologies, a computer
modeling program, and estimates of greenhouse gas emission reductions
resulting from specific measures. The advisory methodologies, computer
modeling program, and estimates must reflect regional and local
variations and the diversity of counties and cities planning under RCW
36.70A.040. Advisory methodologies, the computer modeling program,
estimates, and guidance developed under this section must be consistent
with recommendations developed by the advisory policy committee
established in section 4 of this act.
(2) The department, in complying with this section, must work with
the department of transportation on reductions of vehicle miles
traveled through efforts associated with, and independent of, the
process directed by RCW 47.01.--- (section 8, chapter . . . (E2SHB
2815)), Laws of 2008.
(3) The department must complete and make available the advisory
climate change response methodologies, computer program, and estimates
required by this section by December 1, 2009. The advisory climate
change response methodologies, computer program, and estimates must be
updated two years before each completion date established in RCW
36.70A.130(4)(a).
(4) This section expires January 1, 2011.
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 and must conclude by June 30, 2010. The department must,
through a competitive process, select three or fewer counties and six
cities for the program. 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 that have more residential
dwellings than employment positions.
(2) The program is established to assist the selected counties and
cities that: (a) Are addressing climate change through their land use
and transportation planning processes; and (b) aspire to address
climate change through their land use and transportation planning
processes, but lack necessary resources to do so. The department of
community, trade, and economic development may fund proposals to
inventory and mitigate global warming emissions, or adapt to the
adverse impacts of global warming, using criteria it develops to
accomplish the objectives of this section and sections 2 and 4 of this
act.
(3) The department of community, trade, and economic development
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. The department, in
providing grants and technical assistance, must ensure that grants and
assistance are awarded to counties and cities meeting the criteria
established in subsection (2)(a) and (b) of this section.
(4) The department of community, trade, and economic development
must provide a report of program findings and recommendations to the
governor and the appropriate committees of the house of representatives
and the senate by January 1, 2011.
(5) This section expires January 1, 2011.
NEW SECTION. Sec. 4 (1)(a) With the use of funds provided by
specific appropriation, the department must prepare a report that
includes:
(i) Descriptions of actions counties and cities are taking to
address climate change issues. The department must use readily
available information when completing the requirements of this
subsection (1)(a)(i);
(ii) Recommendations of changes, if any, to chapter 36.70A RCW and
other relevant statutes that would enable state and local governments
to address climate change issues and the need to reduce dependence upon
foreign oil through land use and transportation planning processes;
(iii) Descriptions of existing and potential computer modeling and
other analytic and assessment tools that could be used by counties and
cities in addressing their proprietary and regulatory activities to
reduce greenhouse gas emissions and/or dependence upon foreign oil;
(iv) Assessments of state and local resources, financial and
otherwise, needed to fully implement recommendations resulting from and
associated with (a)(ii) and (iii) of this subsection; and
(v) Recommendations for additional funding to implement the
recommendations resulting from (a)(ii) of this subsection.
(b) The department must submit the report required by this section
to the governor and the appropriate committees of the house of
representatives and the senate by December 1, 2008.
(2)(a) In preparing the report required by this section, the
department must convene, and receive majority approval of report
recommendations from, an advisory policy committee, with members as
provided in this subsection.
(i) The speaker of the house of representatives must appoint one
member from each of the two largest caucuses of the house of
representatives.
(ii) The president of the senate must appoint one member from each
of the two largest caucuses of the senate.
(iii) Three members representing counties and five members
representing cities. Members appointed under this subsection
(2)(a)(iii) must represent each of the jurisdictional areas of growth
management hearings boards and must be appointed by state associations
representing counties and cities.
(iv) One member representing tribal governments, appointed by the
governor.
(b) The advisory policy committee must have the following nonvoting
ex officio members:
(i) One member representing the office of the governor;
(ii) One member representing an association of builders;
(iii) One member representing an association of real estate
professionals;
(iv) One member representing an association of local government
planners;
(v) One member representing an association of agricultural
interests;
(vi) One member representing a nonprofit entity with experience in
growth management and land use planning issues;
(vii) One member representing a statewide business association;
(viii) One member representing a nonprofit entity with experience
in climate change issues;
(ix) One member representing a nonprofit entity with experience in
mobility and transportation issues;
(x) One member representing an association of office and industrial
properties; and
(xi) One member representing an association of architects.
(c)(i) The department, in preparing the report and presenting
information and recommendations to the advisory policy committee, must
convene a technical support team, with members as provided in this
subsection.
(A) The department of ecology must appoint one member representing
the department of ecology.
(B) The department must appoint one member representing the
department.
(C) The department of transportation must appoint one member
representing the department of transportation.
(ii) The department, in complying with this subsection (2)(c), must
consult with the professional staffs of counties and cities or their
state associations, and regional transportation planning organizations
and must solicit assistance from these staffs in developing materials
and options for consideration by the advisory policy committee.
(3) Nominations for organizations represented in subsection (2) of
this section must be submitted to the department by April 15, 2008.
(4) For purposes of this section, "department" means the department
of community, trade, and economic development.
(5) This section expires December 31, 2008.
Sec. 5 RCW 36.70A.280 and 2003 c 332 s 2 are each amended to read
as follows:
(1) A growth management hearings board shall hear and determine
only those petitions alleging either:
(a) That, except as provided otherwise by this subsection, a state
agency, county, or city planning under this chapter is not in
compliance with the requirements of this chapter, chapter 90.58 RCW as
it relates to the adoption of shoreline master programs or amendments
thereto, or chapter 43.21C RCW as it relates to plans, development
regulations, or amendments, adopted under RCW 36.70A.040 or chapter
90.58 RCW. Nothing in this subsection authorizes a board to hear
petitions alleging noncompliance with section 3 of this act; or
(b) That the twenty-year growth management planning population
projections adopted by the office of financial management pursuant to
RCW 43.62.035 should be adjusted.
(2) A petition may be filed only by: (a) The state, or a county or
city that plans under this chapter; (b) a person who has participated
orally or in writing before the county or city regarding the matter on
which a review is being requested; (c) a person who is certified by the
governor within sixty days of filing the request with the board; or (d)
a person qualified pursuant to RCW 34.05.530.
(3) For purposes of this section "person" means any individual,
partnership, corporation, association, state agency, governmental
subdivision or unit thereof, or public or private organization or
entity of any character.
(4) To establish participation standing under subsection (2)(b) of
this section, a person must show that his or her participation before
the county or city was reasonably related to the person's issue as
presented to the board.
(5) When considering a possible adjustment to a growth management
planning population projection prepared by the office of financial
management, a board shall consider the implications of any such
adjustment to the population forecast for the entire state.
The rationale for any adjustment that is adopted by a board must be
documented and filed with the office of financial management within ten
working days after adoption.
If adjusted by a board, a county growth management planning
population projection shall only be used for the planning purposes set
forth in this chapter and shall be known as a "board adjusted
population projection". None of these changes shall affect the
official state and county population forecasts prepared by the office
of financial management, which shall continue to be used for state
budget and planning purposes.
NEW SECTION. Sec. 6 This act is not intended to amend or affect
chapter 353, Laws of 2007.
NEW SECTION. Sec. 7 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.
NEW SECTION. Sec. 8 If specific funding for the purposes of
section 2 of this act, referencing section 2 of this act by bill or
chapter number and section number, is not provided by June 30, 2008, in
the omnibus appropriations act, section 2 of this act is null and void.
NEW SECTION. Sec. 9 If specific funding for the purposes of
section 3 of this act, referencing section 3 of this act by bill or
chapter number and section number, is not provided by June 30, 2008, in
the omnibus appropriations act, section 3 of this act is null and void.
NEW SECTION. Sec. 10 If specific funding for the purposes of
this act, referencing this act by bill or chapter number, is not
provided by June 30, 2008, in the omnibus appropriations act, this act
is null and void."
Correct the title.