AN ACT Relating to global warming; amending RCW 80.50.010; adding a new section to chapter 43.17 RCW; adding a new section to chapter 35.43 RCW; adding a new section to chapter 36.32 RCW; adding a new section to chapter 19.27 RCW; adding a new section to chapter 19.27A RCW; and creating new sections.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that because the potential impacts of global warming are so severe and the time necessary to reduce the production of greenhouse gases and mitigate past harms is so long, it is necessary to initiate state actions now to reduce the potential for environmental damage in the future. Actions undertaken today, before the effects of global warming become severe, will also be less expensive and will have a positive effect on our quality of life today and into the future. By delaying action, more drastic measures may be required at greater cost to our finances and our quality of life.

The legislature also finds that energy consumption is one of the main contributors to greenhouse gases. The burning of fossil fuels for transportation, power generation, space heating, and manufacturing is the significant contributor to the production of greenhouse gases.

The legislature also finds that the most cost-effective methods to mitigate the damage caused by burning fossil fuels are to reduce consumption of these fuels through improving the energy efficiency of buildings and vehicles and to plant trees and other woody vegetation that consume carbon dioxide and produce oxygen.

The legislature also finds that the state must take a leading role in promoting efforts to reduce the future generation of greenhouse gases and to mitigate the effects of past production of greenhouse gases.

It is the intent of the legislature in adopting this act to have the state become a model for local government, the public, and industry in addressing the problems of the greenhouse effect so that we may continue to enjoy our quality of life.

NEW SECTION. Sec. 2. The state energy office shall include in the biennial report required by RCW 43.21F.045(9) to be submitted by December 1, 1990, an interim report on an energy study that:

(1) Reviews state energy policy as contained in RCW 43.21F.015 and elsewhere and recommends changes where appropriate, especially taking into consideration global environmental impacts of energy resources use;

(2) Evaluates all energy resources for availability, efficiency, and dollar and environmental costs. Evaluation shall include all facets of obtaining, processing, transporting, making ready for use, controlling pollutants, and disposal of residues;

(3) Analyzes the approaches to and recommends methodologies for inclusion of environmental costs, especially costs of global environmental pollutant controls in least cost planning;

(4) Analyzes three alternative scenarios, to include adaptations that will have to be made, for state-wide reduction of greenhouse gases:

(a) Reducing to 1988 levels by the year 2005;

(b) Reducing to twenty percent below 1988 levels by the year 2005; and

The study shall be completed and provided to the governor and the legislature by December 1, 1991.

NEW SECTION. Sec. 3. The department of general administration, in consultation with the Washington state energy office, shall conduct a survey of all state-owned and state-leased buildings, facilities, and vehicles for their contribution to the production of greenhouse gases. The department shall develop and submit to the legislature a plan for reducing the state's contribution to greenhouse gases through source control and mitigative measures to fifty percent of 1988 levels by the year 2005 and for further reductions thereafter. The survey required by this section shall be completed and submitted to the legislature not later than December 1, 1990. The plan shall be submitted by December 1, 1991.

NEW SECTION. Sec. 4. A new section is added to chapter 43.17 RCW to read as follows:

(1) Each state agency, institution of higher education, school district, county, city, town, municipal corporation, and quasi- municipal corporation shall in the development of new or renovation of existing facilities, minimize impervious covering of land and retain trees and other woody vegetation or plant new trees and other woody vegetation to the maximum extent consistent with effective use of the property. Provision shall be made for protecting and maintaining trees and other woody vegetation.

(2) The department of transportation, counties, cities and towns, and other municipal corporations and quasi-municipal corporations which may build roads shall establish a highway and roadway beautification program to enhance the scenic and environmental character of new highways and roads to be constructed in the state. The department, counties, cities and towns, and the above corporations may, in furtherance of this program:

(a) Acquire by purchase, gift, devise, bequest, grant, or exchange, title to or any interests or rights in real property adjacent to or visible from the planned new state highways and other roads for preservation of natural beauty, especially trees and other woody vegetation, or viewpoints, or to preserve natural buffers between highways and roads and other land uses.

(b) Work with public and private landowners, local governments, and private organizations and associations to achieve the purposes of this section without land acquisition.

(3) The state and local governments shall, when feasible, use contained planting of trees and other woody vegetation on rooftops and on other impervious surfaces. Private persons and businesses shall be encouraged to do the same.

(4) The departments of general administration and natural resources shall provide technical assistance to state agencies, institutions of higher education, and local governments in meeting the requirements of this section.

Sec. 5. Section 1, chapter 45, Laws of 1970 ex. sess. as amended by section 29, chapter 108, Laws of 1975-'76 2nd ex. sess. and RCW 80.50.010 are each amended to read as follows:

The legislature finds that ((~~the present and predicted~~)) growth in energy demands in the state of Washington requires the development of a procedure for the selection and utilization of sites for energy facilities and the identification of a state position with respect to each proposed site. The legislature recognizes that the selection of sites will have a significant impact upon the welfare of the population, the location and growth of industry and the use of the natural resources of the state.

It is the policy of the state of Washington to recognize the ((~~pressing~~)) continuing need for increased energy facilities, and to ensure through available and reasonable methods, that the location and operation of ((~~such~~)) energy facilities will produce minimal adverse effects on the environment, ecology of the land and its wildlife, and the ecology of state waters and their aquatic life.

It is the intent to seek courses of action that will balance ((~~the increasing~~)) continuing demands for energy facility location and operation in conjunction with the broad interests of the public. Such action will be based on these premises:

(1) To assure Washington state citizens that, where applicable, operational safeguards are at least as stringent as the criteria established by the federal government and are technically sufficient for their welfare and protection.

(2) To preserve and protect the quality of the environment; to enhance the public's opportunity to enjoy the esthetic and recreational benefits of the air, water and land resources; to promote air cleanliness; to limit the danger posed to the environment by the release of greenhouse gasses; and to pursue beneficial changes in the environment.

(3) To provide ((~~abundant~~)) adequate energy at ((~~reasonable~~)) the least cost. In evaluating whether a proposed facility will provide energy at the least cost, the council shall consider the entire cost of the energy resource to be used at the facility, including the costs of obtaining, processing, transporting, making ready for use, controlling pollutants, and disposing of residues from the energy source.

NEW SECTION. Sec. 6. A new section is added to chapter 35.43 RCW to read as follows:

In addition to other authority to form a local improvement district under this chapter, a city or town, including a code city, may form a local improvement district to plant trees next to roadways, on parking strips, and in other suitable locations.

NEW SECTION. Sec. 7. A new section is added to chapter 36.32 RCW to read as follows:

A county may adopt standard building codes as provided for in chapter 36.43 RCW to plant trees next to roadways, on parking strips, and in other suitable locations.

NEW SECTION. Sec. 8. A new section is added to chapter 19.27 RCW to read as follows:

The state building code council not later than January 1, 1991, shall adopt standards to be incorporated into the state building code requiring all new construction to require minimum impervious covering of ground and maximum retention of trees and other woody vegetation or planting of new trees and other woody vegetation consistent with effective uses of land. Notwithstanding any other provisions of this chapter, each city, town, and county shall enforce the standards established by the state building code council pursuant to this section beginning not later than July 1, 1991.

NEW SECTION. Sec. 9. A new section is added to chapter 19.27A RCW to read as follows:

In order to improve energy efficiency in residential structures, an entity in the state of Washington engaged in the generation, sale, or distribution of energy may provide financial or other assistance for the planting of trees that will cast shade on residential structures in the summer. The assistance may be given to the owner of the residential structure or to a community group engaged in the planting of trees.

NEW SECTION. Sec. 10. (1) A joint select committee on air quality is established consisting of fifteen members appointed in the following manner:

(a) The president of the senate shall appoint two members from the senate majority caucus and one member from the senate minority caucus;

(b) The speaker of the house of representatives shall appoint two members from the house majority caucus and one member from the house minority caucus;

(c) The president of the senate and the speaker of the house of representatives shall jointly select a chair for the committee; and

(d) The chair shall appoint one nonlegislative member from each of the following interests: Large business, small business, agriculture/forestry, environment, public health, and transportation. At least one member of the committee shall be knowledgeable about the wood stove industry. In addition, the chair shall appoint to the committee one representative each from the department of ecology, the state energy office, and a local air pollution control authority.

(2) The committee shall be staffed by senate committee services and the office of program research.

(3) (a) The joint select committee on air quality shall review existing data on air emissions, particularly from major sources, and make recommendations for reducing air emissions from:

(i) Stationary sources, including but not limited to incinerators, boilers, and other large scale industrial combustion processes;

(ii) Mobile sources, including but not limited to gasoline and diesel-powered vehicles;

(iii) Open burning sources, including but not limited to agricultural, commercial, and residential practices; and

(iv) Area sources, including but not limited to wood stoves and various small-scale industrial activities.

(b) The committee shall consider the following elements of current state and local air pollution control programs and make recommendations as appropriate:

(i) Existing funding mechanisms;

(ii) Data collection, monitoring, and modeling; and

(iii) Administrative and enforcement structure.

(c) The committee shall consider the recommendations, as applicable, of the growth strategies commission and the Washington 2010 report.

(d) The committee may make recommendations to incorporate practices that reduce air emissions through waste reduction or energy conservation.

(e) The committee may make recommendations to reduce air emissions known or suspected of contributing to the greenhouse effect or ozone depletion, including but not limited to requiring or encouraging the use of alternative fuels.

(4) The committee shall report to the appropriate standing committees of the legislature on or before January 18, 1991. This section shall expire on June 30, 1991.