S-0129.1

SENATE BILL 5362

State of Washington
68th Legislature
2023 Regular Session
BySenators MacEwen, Dozier, Short, Torres, and L. Wilson
Read first time 01/13/23.Referred to Committee on Environment, Energy & Technology.
AN ACT Relating to advancing the due date for the department of ecology's report on the effects of the clean fuels program; amending RCW 70A.535.090; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION.  Sec. 1. The legislature finds that the clean fuels program will increase the price of gasoline and diesel in Washington by as much as 38.9 cents and 36.8 cents per gallon, respectively, during the life of the program, according to the department of ecology. When the clean fuels program legislation was enacted in 2021, the legislature called for the department of ecology to produce a report on the effects of the program after implementation, including the cost for drivers, in 2025. However, due to the high price of fuel in Washington, the legislature now determines that the department's report should be submitted at an earlier date, at which time the legislature will evaluate whether to continue with the clean fuels program, repeal it, or make adjustments to the program to help drivers save money.
Sec. 2. RCW 70A.535.090 and 2021 c 317 s 10 are each amended to read as follows:
(1) Beginning ((May 1, 2025))February 1, 2024, and each ((May))February 1st thereafter, the department must post a report on the department's website that includes the following information regarding the previous calendar year of clean fuels program activities:
(a) The program-wide number of credits and deficits generated by entities participating in the clean fuels program;
(b) The volumes of each transportation fuel and average price per credit used to comply with the requirements of the clean fuels program;
(c) The best estimate or range in probable costs or cost savings attributable to the clean fuels program per gallon of gasoline and per gallon of diesel, as determined by an independent consultant whose services the department has contracted. The estimate or range in probable costs or cost savings from the independent consultant must be announced in a press release to the news media at the time that the report under this subsection (1) is posted to the department's website, and must be simultaneously reported to the transportation committees of the house of representatives and the senate;
(d) The total greenhouse gas emissions reductions attributable to the clean fuels program isolated from the greenhouse gas emissions reductions attributable to other state and national programs on the same fuels; and
(e) The range in the probable cost per ton of greenhouse gas emissions reductions attributable to fuels supported by the clean fuels program, taking into account the information in (c) and (d) of this subsection.
(2) Nothing in this section prohibits the department from posting information described in subsection (1) of this section on a more frequent basis than once per year.
(((3) By May 1, 2025, and each May 1st thereafter, the department must submit the report required under subsection (1) of this section to the appropriate committees of the house of representatives and senate.
(4) The department must contract for a one-time ex ante independent analysis of the information specified in subsection (1)(c) of this section covering each year of the program through 2038. The analysis must be informed by input from stakeholders, including regulated industries, and informed by experience from other jurisdictions. The analysis must impute price impacts using multiple analytical methodologies and must make clear how the assumptions or factors considered differed in each methodology used and price impact imputed. The analysis required in this subsection must be completed and submitted to the appropriate committees of the legislature by July 1, 2022.))
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