SENATE BILL REPORT

SJM 8001

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Background: Renewable Energy Requirements. In 2006 the voters of Washington passed Initiative 937 (Initiative). The Initiative sets targets for energy conservation and the use of eligible renewable resources by the state's utilities that serve more than 25,000 customers. The Initiative defines "eligible renewable resource" to include resources such as wind, solar energy, and certain biomass energy. The term "eligible renewable resource" also includes incremental electricity produced from efficiency improvements completed after March 31, 1999, to hydroelectric dams.

Greenhouse Gas Emission Reduction. In 2007 the Legislature adopted the following goals for green house gas (GHG) emissions reduction:

by 2020, reduce GHG emissions to 1990 levels;

by 2035, reduce GHG emissions to 25 percent below 1990 levels; and

by 2050, reduce GHG emissions to 50 percent below 1990 levels, or 70 percent below the state's expected GHG emissions that year.

Federal Endangered Species Act. Congress passed the federal Endangered Species Act (ESA) in 1973, which provides protection for threatened and endangered species. An endangered species is a species in danger of extinction throughout all or part of its historic range. A threatened species is a species likely to become endangered within the foreseeable future. The ESA generally prohibits take of protected species, which includes harassing, harming, or killing such species. The United State Fish and Wildlife Service (USFWS) has primary responsibility for ESA administration with regards to threatened and endangered wildlife.

Summary of Bill: The Senate Joint Memorial requests that:

the USFWS work cooperatively with state regulatory agencies and energy producers to resolve issues raised by the ESA; and

USFWS, state agencies, and energy producers resolve such issues in a manner that allows the continued development of Washington's wind and other alternative energy resources while at the same time protecting threatened and endangered wildlife.

Staff Summary of Public Testimony: PRO: This bill arose out of a wind power proposal for Radar Ridge in Pacific County, which has faced challenges due to marbled murrelet issues. Although the relevant agencies have begun to work with the wind power proponent, it took a great deal of effort to get everyone working together. With the goals Washington has set for itself regarding alternative energy and decreased Greenhouse gas emissions, it is important to work together to make good alternative energy projects come to fruition.

OTHER: Washington has worked to develop wind power guidelines, and works with energy producers and other stakeholders to make the process collaborative. Instead of a memorial to the federal government, there should be legislation to begin these discussions at the federal level through a work group or summit. This is a bigger issue than just endangered species, since a thoughtful wind power development process is currently lacking. Designing such a process could be the focus of such a work group or summit.