BILL REQ. #: H-0228.1
State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/14/11. Referred to Committee on Environment.
AN ACT Relating to accountability of climate change expenditures; amending RCW 70.235.010; adding a new section to chapter 70.235 RCW; and creating new sections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that in order to
improve efficiency and the use of scarce resources, the state must
receive the greatest return on the environmental investments it makes.
Projects that do not return the expected environmental benefits waste
not only the funds given to the project but also prevent funding from
being available for projects that would have a positive environmental
impact.
The legislature further finds that reliable information and
accountability are critical to ensuring that environmental projects are
effective. By setting clear goals, the state can determine what
projects best promote environmental sustainability and allow the state
to hold contractors and agencies accountable if those goals are not
met.
The legislature believes that by promoting climate accountability,
the state can make the most of its resources in the effort to reduce
greenhouse gas emissions and promote energy efficiency.
Sec. 2 RCW 70.235.010 and 2010 c 146 s 1 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) "Director" means the director of the department.
(6) "Greenhouse gas" and "greenhouse gases" includes carbon
dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons,
sulfur hexafluoride, and any other gas or gases designated by the
department by rule.
(7) "Person" means an individual, partnership, franchise holder,
association, corporation, a state, a city, a county, or any subdivision
or instrumentality of the state.
(8) "Program" means the department's climate change program.
(9) "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.
(10) "Climate expenditure" means any state expenditure designed to
address or reduce greenhouse gas emissions.
(11) "CO2e" means carbon dioxide equivalent calculated as
greenhouse gases normalized to metric tons of carbon dioxide.
(12) "Certified carbon offsets" means carbon credits certified by
programs that have demonstrated fungibility in voluntary,
precompliance, or compliance carbon markets that are widely accepted
and verified by third parties, or carbon credits certified pursuant to
a state or federal program that provides for carbon offsets.
NEW SECTION. Sec. 3 A new section is added to chapter 70.235 RCW
to read as follows:
(1) Any climate expenditure intended to reduce greenhouse gas
emissions must, prior to implementation and expenditure, provide the
following information:
(a) The number of tons of CO2e reduction by the climate action;
(b) The total cost to implement the climate action; and
(c) The cost per ton of CO2e reduction.
(2)(a) The state shall regularly audit any climate expenditure
contracts to ensure the contracts are meeting performance standards for
cost per ton of CO2e, and report its findings. If contractors are not
in compliance, the contractor shall:
(i) Provide certified carbon offset equivalents in an amount equal
to the difference between the actual emissions reductions and the
contracted emissions reductions; or
(ii) Refund a portion of the contracted funds until the cost per
ton of CO2e reduction is equivalent to the emission reduction amount
included in the contract associated with the climate expenditure.
(b) Agencies managing climate expenditure contracts shall regularly
provide reports to the legislature outlining the performance of those
individual contracts, including:
(i) Total tons of CO2e reduced;
(ii) Total contract amount; and
(iii) Cost per ton of C02e reduced.
(c) Agencies that fail to complete audits and legislative reports
will have all funding for all climate expenditures suspended until the
agencies meet the requirements of this section.
NEW SECTION. Sec. 4 This act may be known and cited as the
climate change accountability act.
NEW SECTION. Sec. 5 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.