BILL REQ. #:  H-2117.1 

Read first time 02/23/09.   Referred to Committee on Ecology & Parks.

     TO THE HONORABLE BARACK OBAMA, PRESIDENT OF THE UNITED STATES, AND TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES, IN CONGRESS ASSEMBLED, AND TO THE HONORABLE LISA JACKSON, ADMINISTRATOR OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY:
     We, your Memorialists, the Senate and House of Representatives of the State of Washington, in legislative session assembled, respectfully represent and petition as follows:
     WHEREAS, The state of California has implemented more stringent motor vehicle air emissions regulations than the federal government for over 40 years; and
     WHEREAS, In recognition of the role of California in protecting public health and welfare from motor vehicle emissions, the United States Congress enacted subdivision (b) of Section 209 of the federal Clean Air Act (42 U.S.C. Sec. 7543(b)) that allows the Administrator of the United States Environmental Protection Agency (Administrator) to waive federal preemption of state motor vehicle standards established; and
     WHEREAS, Once a waiver is granted to California for that regulation, other states may adopt the vehicle emissions standards established by California; and
     WHEREAS, According to the Congressional Research Service, California has requested waivers of preemption under subdivision (b) of Section 209 of the federal Clean Air Act (42 U.S.C. Sec. 7543(b)) for vehicle emissions standards more than 50 times since that provision was enacted, and the Administrator has never denied such a request, but instead always granted the requests, in whole or in part; and
     WHEREAS, The President of the United States, Barack Obama, has directed the Administrator to reconsider California's waiver request that was rejected by the previous administration; and
     WHEREAS, The Administrator has started the process to reconsider California's request; and
     WHEREAS, An analysis by the California State Air Resources Board shows that the California standards, once fully adopted, would result in, by 2020, twice the amount of carbon dioxide cumulative reduction emissions in California and an 80 percent greater reduction in carbon dioxide emissions nationally, than would be achieved under the federal act; and
     WHEREAS, Thirteen states and the District of Columbia, including the state of Washington, have already taken steps to follow California's emissions standards that include the new greenhouse gas reductions, which is estimated to reduce global warming pollution by more than 450 million metric tons by 2020, a reduction equivalent to eliminating all of the pollution from 84.7 million of today's cars for a year; and
     WHEREAS, The state of Washington supports California's right under the Clean Air Act to set stricter standards than the federal government for motor vehicle emissions and the rights of other states to then follow California's standards;
     NOW, THEREFORE, Your Memorialists respectfully pray that the United States Environmental Protection Agency grant California its waiver necessary to achieve greenhouse gas reductions from motor vehicles as required by state law, and that the Legislature of the State of Washington opposes preemption of state laws and regulations that are stronger than federal laws or regulations to reduce global warming emissions.
     BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable Barack Obama, President of the United States, Lisa Jackson, administrator of the United States Environmental Protection Agency, the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress from the State of Washington.