BILL REQ. #:  H-1220.1 

Read first time 02/14/11.   Referred to Committee on Environment.

     AN ACT Relating to adopting the Washington state energy freedom act of 2011 and requiring express legislative authorization for any greenhouse gas program or motor vehicle fuel economy program; adding new sections to chapter 70.235 RCW; and creating new sections.

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

NEW SECTION.  Sec. 1   This act may be known and cited as the Washington state energy freedom act of 2011.

NEW SECTION.  Sec. 2   It is the intent of the legislature that any state, regional, or national program to implement a cap and trade system or any other program to address greenhouse gas emissions or motor vehicle fuel economy that has been or may be proposed by a state agency requires express legislative authorization following a comprehensive assessment of the fiscal and regulatory impacts of such a system or program on Washington state's budget, economy, consumers, families, and small and large businesses.

NEW SECTION.  Sec. 3   A new section is added to chapter 70.235 RCW to read as follows:
     (1) Neither the department nor any other state agency may adopt or enforce a state, regional, or national program to regulate the emission of greenhouse gas or motor vehicle fuel economy, including rules adopted under chapter 70.120A RCW, without express legislative authorization that is enacted after the effective date of this section.
     (2) For the purposes of this act, "greenhouse gas" means carbon dioxide, methane, nitrous oxide, sulfur hexafluoride, hydrofluorocarbon, or perfluorocarbon.

NEW SECTION.  Sec. 4   A new section is added to chapter 70.235 RCW to read as follows:
     (1) The director shall provide a written report to the governor, the president and minority leader of the senate, and the speaker and minority leader of the house of representatives on each proposed program to address greenhouse gas emissions or motor vehicle fuel economy, including rules adopted under chapter 70.120A RCW, and also including any program that is the subject of a pending or previous rule-making proceeding within three months of either the effective date of this section or the release of recommendations by the participants in the western climate initiative for a regional cap and trade or other program to regulate greenhouse gas emissions or motor vehicle fuel economy.
     (2) The report must include a detailed description of the proposed program, a comprehensive analysis of the fiscal and regulatory impacts of the proposed program on Washington state's budget, economy, consumers, families, and small and large businesses, and the legislation required to authorize the proposed program.

NEW SECTION.  Sec. 5   Any federal law, rule, order, or other act by the federal government violating the provisions of this act is hereby declared to be invalid in this state, is not recognized by and is specifically rejected by this state, and is considered as null and void and of no effect in this state.

NEW SECTION.  Sec. 6   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.