E2SSB 5560 -
By Committee on Ways & Means
ADOPTED AND ENGROSSED 4/16/09
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The legislature finds that in chapter 14,
Laws of 2008, the legislature established greenhouse gas emission
reduction limits for Washington state, including a reduction of overall
emissions by 2020 to emission levels in 1990, a reduction by 2035 to
levels twenty-five percent below 1990 levels, and by 2050 a further
reduction below 1990 levels. Based upon estimated 2006 emission levels
in Washington, this will require a reduction from present emission
levels of over twenty-five percent in the next eleven years. The
legislature further finds that state government activities are a
significant source of emissions, and that state government should meet
targets for reducing emissions from its buildings, vehicles, and all
operations that demonstrate that these reductions are achievable, cost-effective, and will help to promote innovative energy efficiency
technologies and practices.
NEW SECTION. Sec. 2 A new section is added to chapter 70.235 RCW
to read as follows:
(1) All state agencies shall meet the statewide greenhouse gas
emission limits established in RCW 70.235.020 to achieve the following,
using the estimates and strategy established in subsections (2) and (3)
of this section:
(a) By July 1, 2020, reduce emissions by fifteen percent from 2005
emission levels;
(b) By 2035, reduce emissions to thirty-six percent below 2005
levels; and
(c) By 2050, reduce emissions to the greater reduction of fifty-seven and one-half percent below 2005 levels, or seventy percent below
the expected state government emissions that year.
(2)(a) By June 30, 2010, all state agencies shall report estimates
of emissions for 2005 to the department, including 2009 levels of
emissions, and projected emissions through 2035.
(b) State agencies required to report under RCW 70.94.151 must
estimate emissions from methodologies recommended by the department and
must be based on actual operation of those agencies. Agencies not
required to report under RCW 70.94.151 shall derive emissions estimates
using an emissions calculator provided by the department.
(3) By June 30, 2011, each state agency shall submit to the
department a strategy to meet the requirements in subsection (1) of
this section. The strategy must address employee travel activities,
teleconferencing alternatives, and include existing and proposed
actions, a timeline for reductions, and recommendations for budgetary
and other incentives to reduce emissions, especially from employee
business travel.
(4) By October 1st of each even-numbered year beginning in 2012,
each state agency shall report to the department the actions taken to
meet the emission reduction targets under the strategy for the
preceding fiscal biennium. The department may authorize the department
of general administration to report on behalf of any state agency
having fewer than five hundred full-time equivalent employees at any
time during the reporting period. The department shall cooperate with
the department of general administration and the department of
community, trade, and economic development to develop consolidated
reporting methodologies that incorporate emission reduction actions
taken across all or substantially all state agencies.
(5) All state agencies shall cooperate in providing information to
the department, the department of general administration, and the
department of community, trade, and economic development for the
purposes of this section.
(6) The governor shall designate a person as the single point of
accountability for all energy and climate change initiatives within
state agencies. This position must be funded from current full-time
equivalent allocations without increasing budgets or staffing levels.
If duties must be shifted within an agency, they must be shifted among
current full-time equivalent allocations. All agencies, councils, or
work groups with energy or climate change initiatives shall coordinate
with this designee.
Sec. 3 RCW 70.235.010 and 2008 c 14 s 2 are each amended to read
as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Carbon dioxide equivalents" means a metric measure used to
compare the emissions from various greenhouse gases based upon their
global warming potential.
(2) "Climate advisory team" means the stakeholder group formed in
response to executive order 07-02.
(3) "Climate impacts group" means the University of Washington's
climate impacts group.
(4) "Department" means the department of ecology.
(5) "Direct emissions" means emissions of greenhouse gases from
sources of emissions, including stationary combustion sources, mobile
combustion emissions, process emissions, and fugitive emissions.
(6) "Director" means the director of the department.
(7) "Greenhouse gas" and "greenhouse gases" includes carbon
dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons,
and sulfur hexafluoride.
(8) "Indirect emissions" means emissions of greenhouse gases
associated with the purchase of electricity, heating, cooling, or
steam.
(9) "Person" means an individual, partnership, franchise holder,
association, corporation, a state, a city, a county, or any subdivision
or instrumentality of the state.
(10) "Program" means the department's climate change program.
(11) "Small-scale powered equipment" means a tool or other nonroad
or marine machine powered by a gasoline, diesel, or propane spark
ignition engine that has a standard manufacturer's listed horsepower
rating of fifty horsepower or less. Examples of the term "small-scale
powered equipment" include, but are not limited to, the following items
when the components of the definition are satisfied: Lawnmowers,
string trimmers, leaf blowers, air compressors, chainsaws, turf
equipment, and lawn and garden tractors.
(12) "Total emissions of greenhouse gases" means all direct
emissions and all indirect emissions.
(((12))) (13) "Western climate initiative" means the collaboration
of states, Canadian provinces, Mexican states, and tribes to design a
multisector market-based mechanism as directed under the western
regional climate action initiative signed by the governor on February
22, 2007.
NEW SECTION. Sec. 4 A new section is added to chapter 70.235 RCW
to read as follows:
(1) As part of satisfying the requirements of section 2 of this
act, state agencies are, except as otherwise provided in this section,
prohibited from purchasing small-scale powered equipment if the market
offers an alternative item that is powered by an electrical cord or
rechargeable battery.
(2)(a) The top administrative official of a state agency may waive
the provisions of this section on a case-by-case basis if the top
administrative official of the agency publishes a finding in the
Washington State Register explaining the details as to why the purchase
or use of the small-scale powered equipment was necessary and why the
use of an electric-based alternative would have been impractical.
(b) The Washington State Register publication requirements of this
section may be satisfied with one annual publication summarizing all
instances where the requirements of this section were waived by the top
administrative official in the preceding year.
(3) As a demonstration to other state agencies as to how the
requirements of this section may be achieved, the department of general
administration shall suspend the use of all spark ignition push
lawnmowers, string trimmers, and leaf blowers on the capitol campus by
October 1, 2009. The department of general administration shall
document its transition from small-scale powered equipment to
electrical or manual alternatives to aid other state agencies in their
implementation of this section.
NEW SECTION. Sec. 5 A new section is added to chapter 70.235 RCW
to read as follows:
(1) The department shall develop an emissions calculator to assist
state agencies in estimating aggregate emissions as well as in
estimating the relative emissions from different ways in carrying out
activities.
(2) The department may use data such as totals of building space
occupied, energy purchases and generation, motor vehicle fuel purchases
and total mileage driven, and other reasonable sources of data to make
these estimates. The estimates may be derived from a single
methodology using these or other factors, except that for the top ten
state agencies in occupied building space and vehicle miles driven, the
estimates must be based upon the actual and projected operations of
those agencies. The estimates may be adjusted, and reasonable
estimates derived, when agencies have been created since 1990 or
functions reorganized among state agencies since 1990. The estimates
may incorporate projected emissions reductions that also affect state
agencies under the program authorized in RCW 70.235.020 and other
existing policies that will result in emissions reductions.
(3) By December 31st of each even-numbered year beginning in 2010,
the department shall report to the governor and to the appropriate
committees of the senate and house of representatives the total state
agencies' emissions of greenhouse gases for 2005 and the preceding two
years and actions taken to meet the emissions reduction targets.
Sec. 6 RCW 43.41.130 and 1982 c 163 s 13 are each amended to read
as follows:
The director of financial management, after consultation with other
interested or affected state agencies, shall establish overall policies
governing the acquisition, operation, management, maintenance, repair,
and disposal of, all passenger motor vehicles owned or operated by any
state agency. Such policies shall include but not be limited to a
definition of what constitutes authorized use of a state owned or
controlled passenger motor vehicle and other motor vehicles on official
state business. The definition shall include, but not be limited to,
the use of state-owned motor vehicles for commuter ride sharing so long
as the entire capital depreciation and operational expense of the
commuter ride-sharing arrangement is paid by the commuters. Any use
other than such defined use shall be considered as personal use. By
June 15, 2010, the director of the department of general
administration, in consultation with the office and other interested or
affected state agencies, shall develop strategies to reduce fuel
consumption and emissions from all classes of vehicles. State agencies
shall use these strategies to:
(1) Phase in fuel economy standards for motor pools and leased
vehicles to achieve an average fuel economy standard of thirty-six
miles per gallon for passenger vehicle fleets by 2015;
(2) Achieve an average fuel economy of forty miles per gallon for
light duty passenger vehicles purchased after June 15, 2010; and
(3) Achieve an average fuel economy standard of twenty-seven miles
per gallon for light duty vans and sport utility vehicles purchased
after June 15, 2010.
State agencies must report annually on the progress made to achieve
the goals under subsections (1) through (3) of this section beginning
October 31, 2011.
The department of general administration, in consultation with the
office and other affected or interested agencies, shall develop a
separate fleet fuel economy standard for all other classes of vehicles
and report the progress made toward meeting the fuel consumption and
emissions goals established by this section to the governor and the
relevant legislative committees by December 1, 2012.
For the purposes of this section, light duty vehicles refers to
cars, sport utility vehicles, and passenger vans. The following
vehicles are excluded from the agency fleet average fuel economy
calculation: Emergency response vehicles, passenger vans with a gross
vehicle weight of eight thousand five hundred pounds or greater,
vehicles that are purchased for off-pavement use, and vehicles that are
driven less than two thousand miles per year. Average fuel economy
calculations must be based upon the current United States environmental
protection agency composite city and highway mile per gallon rating.
((Such policies shall also include the widest possible use of
gasohol and cost-effective alternative fuels in all motor vehicles
owned or operated by any state agency. As used in this section,
"gasohol" means motor vehicle fuel which contains more than nine and
one-half percent alcohol by volume.))
NEW SECTION. Sec. 7 The department of general administration
must perform energy performance monitoring from July 2009 to July 2011
on each building that has completed an energy audit and installed
energy conservation measures within the last five years and report to
the legislature on the cost of the energy conservation measures, the
projected energy savings, and the actual energy savings realized.
Sec. 8 RCW 39.35D.010 and 2005 c 12 s 1 are each amended to read
as follows:
(1) The legislature finds that public buildings can be built and
renovated using high-performance methods that save money, improve
school performance, and make workers more productive. High-performance
public buildings are proven to increase student test scores, reduce
worker absenteeism, and cut energy and utility costs.
(2) It is the intent of the legislature that state-owned buildings
and schools be improved by adopting recognized standards for high-performance public buildings, reducing energy consumption, and allowing
flexible methods and choices in how to achieve those standards and
reductions. The legislature also intends that public agencies and
public school districts shall document costs and savings to monitor
this program and ensure that economic, community, and environmental
goals are achieved each year, and that an independent performance
review be conducted to evaluate this program and determine the extent
to which the results intended by this chapter are being met.
(3) The legislature further finds that state agency leadership is
needed in the development of preparation and adaptation actions for
climate change to ensure the economic health, safety, and environmental
well-being of the state and its citizens.
NEW SECTION. Sec. 9 A new section is added to chapter 70.235 RCW
to read as follows:
Beginning in 2010, when distributing capital funds through
competitive programs for infrastructure and economic development
projects, all state agencies must consider whether the entity receiving
the funds has adopted policies to reduce greenhouse gas emissions.
Agencies also must consider whether the project is consistent with:
(1) The state's limits on the emissions of greenhouse gases
established in RCW 70.235.020;
(2) Statewide goals to reduce annual per capita vehicle miles
traveled by 2050, in accordance with RCW 47.01.440, except that the
agency shall consider whether project locations in rural counties, as
defined in RCW 43.160.020, will maximize the reduction of vehicle miles
traveled; and
(3) Applicable federal emissions reduction requirements.
NEW SECTION. Sec. 10 (1) The departments of ecology,
agriculture, community, trade, and economic development, fish and
wildlife, natural resources, and transportation shall develop an
integrated climate change response strategy to better enable state and
local agencies, public and private businesses, nongovernmental
organizations, and individuals to prepare for, address, and adapt to
the impacts of climate change. The integrated climate change response
strategy should be developed, where feasible and consistent with the
direction of the strategy, in collaboration with local government
agencies with climate change preparation and adaptation plans.
(2) The department of ecology shall serve as a central
clearinghouse for relevant scientific and technical information about
the impacts of climate change on Washington's ecology, economy, and
society, as well as serve as a central convener for the development of
vital programs and necessary policies to help the state adapt to a
rapidly changing climate.
(3) The department of ecology shall consult and collaborate with
the departments of fish and wildlife, agriculture, community, trade,
and economic development, natural resources, and transportation in
developing an integrated climate change response strategy and plans of
action to prepare for and adapt to climate change impacts.
NEW SECTION. Sec. 11 (1) The integrated climate change response
strategy should address the impact of and adaptation to climate change,
as well as the regional capacity to undertake actions, existing
ecosystem and resource management concerns, and health and economic
risks. In addition, the departments of ecology, agriculture,
community, trade, and economic development, fish and wildlife, natural
resources, and transportation should include a range of scenarios for
the purposes of planning in order to assess project vulnerability and,
to the extent feasible, reduce expected risks and increase resiliency
to the impacts of climate change.
(2)(a) By December 1, 2011, the department of ecology shall compile
an initial climate change response strategy, including information and
data from the departments of fish and wildlife, agriculture, community,
trade, and economic development, natural resources, and transportation
that: Summarizes the best known science on climate change impacts to
Washington; assesses Washington's vulnerability to the identified
climate change impacts; prioritizes solutions that can be implemented
within and across state agencies; and identifies recommended funding
mechanisms and technical and other essential resources for implementing
solutions.
(b) The initial strategy must include:
(i) Efforts to identify priority planning areas for action, based
on vulnerability and risk assessments;
(ii) Barriers challenging state and local governments to take
action, such as laws, policies, regulations, rules, and procedures that
require revision to adequately address adaptation to climate change;
(iii) Opportunities to integrate climate science and projected
impacts into planning and decision making; and
(iv) Methods to increase public awareness of climate change, its
projected impacts on the community, and to build support for meaningful
adaptation policies and strategies.
NEW SECTION. Sec. 12 The departments of ecology, agriculture,
community, trade, and economic development, fish and wildlife, natural
resources, and transportation may consult with qualified nonpartisan
experts from the scientific community as needed to assist with
developing an integrated climate change response strategy. The
qualified nonpartisan experts from the scientific community may assist
the department of ecology on the following components:
(1) Identifying the timing and extent of impacts from climate
change;
(2) Assessing the effects of climate variability and change in the
context of multiple interacting stressors or impacts;
(3) Developing forecasting models;
(4) Determining the resilience of the environment, natural systems,
communities, and organizations to deal with potential or actual impacts
of climate change and the vulnerability to which a natural or social
system is susceptible to sustaining damage from climate change impacts;
and
(5) Identifying other issues, as determined by the department of
ecology, necessary to develop policies and actions for the integrated
climate change response strategy.
NEW SECTION. Sec. 13 State agencies shall strive to incorporate
adaptation plans of action as priority activities when planning or
designing agency policies and programs. Agencies shall consider: The
integrated climate change response strategy when designing, planning,
and funding infrastructure projects; and incorporating natural resource
adaptation actions and alternative energy sources when designing and
planning infrastructure projects.
NEW SECTION. Sec. 14 Sections 10 through 13 of this act
constitute a new chapter in Title
NEW SECTION. Sec. 15 If specific funding for the purposes of
this act, referencing this act by bill or chapter number, is not
provided by June 30, 2009, in the omnibus appropriations act, this act
is null and void."
Correct the title.