Each year, a number of Washington’s environmental groups band together to come up with an environmental agenda for the upcoming legislative session. These organizations make up the Environmental Priorities Coalition and include Audubon Washington, Climate Solutions, Earth Ministry, Futurewise, Sierra Club, Surfrider Foundation, Washington Environmental Council and a host of others.
For the 2009 legislative session, the Coalition has put forth four environmental priorities. Three of the bills focus on climate change and the fourth seeks to raise new revenue for water pollution prevention. As of this writing, this is what the proposed legislation looks like:
Cap and Invest
HB 1819 and SB 5735 would reduce greenhouse gas emissions by setting limits on global warming pollution and requiring the emitters to have permits to pollute. The legislation would set a cap on the amount of a pollutant that can be emitted and those businesses that need to increase their emission allowances would have to buy credits from those who pollute less.
Eventually, the State would hope to require polluters to purchase their permits and would then invest the revenue generated by the permit purchases into creating green jobs, formulating strategies to reduce emissions and energy use, developing clean energy supplies, and providing assistance to moderate- and low-income households struggling with high energy costs.
The bills would officially authorize Washington’s involvement in the pollution reduction program created by the Western Climate Initiative, a collaboration of seven U.S. governors and four Canadian premiers working on collective and cooperative ways to reduce greenhouse gases in the western region, focusing on a market-based cap-and-trade system.
Efficiency First
More than 30% of greenhouse gas emissions in Washington comes from energy use in buildings. If HB 1747 and SB 5854 become law, Washington would join other cities (including Seattle) and states participating in the Architecture 2030 Challenge.
The Challenge asks the global architecture and building community to adopt the following targets:
- All new buildings, developments and major renovations shall be designed to meet a fossil fuel, GHG-emitting, energy consumption performance standard of 50% of the regional average for that building type.
- At a minimum, an equal amount of existing building area shall be renovated annually to meet a fossil fuel, GHG-emitting, energy consumption performance standard of 50% of the regional average for that building type.
- The fossil fuel reduction standard for all new buildings and major renovations shall be increased to: 60% in 2010, 70% in 2015, 80% in 2020, 90% in 2025, and carbon-neutral in 2030 (using no fossil fuel, GHG-emitting energy to operate).
These targets may be reached via innovative sustainable design strategies, on-site renewable power generation and/or the purchase of renewable energy credits.
HB 1747 and SB 5854 would strengthen the state building codes, resulting in construction standards for ultra-efficient buildings that use on-site renewable resources to generate much of their own power. The bills would require commercial and public building owners and managers to develop annual energy-use scores for their buildings and disclose them to potential buyers, lessees and lenders.
Those buildings that operate at high energy-efficiency levels would receive tax credits, and energy-efficient and green building practices would be added to the list of projects that qualify for Local Improvement District financing. The bills also would provide help for low-income consumers dealing with rising energy costs.
Transit-Oriented Communities
Population growth, increased traffic congestion and rising greenhouse gas emissions are among the concerns behind HB 1490 and SB 5687. These bills would revise the state’s transportation planning network to make urban regional transportation planning organizations accountable for meeting a portion of per capita vehicle miles traveled (VMTs) reduction targets.
Climate change considerations also would be added to local land use planning by including reduced greenhouse gas emissions in city and county comprehensive plans, and incentives for local governments and developers that create transit-oriented development (TOD) in urban centers and along corridors served by frequent transit. TOD includes compact development, design standards and plans for affordable housing.
Invest in Clean Water
HB 1614 and SB 5518 would address the fact that contaminated runoff from roads and urban areas comes largely from petroleum — burning of fossil fuels, leaking oil and grease, and breaking down of asphalt materials. Each time it rains, these pollutants are washed into our state’s waterways.
This legislation would levy polluter-pay fees on oil companies, based on the amount of petroleum products they possess. Revenue from the fees would fund stormwater projects statewide. In consultation with Puget Sound Partnership, the State would distribute the money within each geographic region in proportion to the severity of impacts on its waters from petroleum contamination.
For more information on these bills and their progress through the Legislature, go to the Environmental Priorities Coalition website at www.environmentalpriorities.org.
Maura Kelley Deering is a solo practitioner in Seattle focusing on environmental law, land use and real estate law. She can be reached at 206-679-8486 or through her website, www.raining.us/attorney.htm.
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