The phrase,'Unsound Transit', was coined by the Wall Street Journal to describe Seattle where,"Light Rail Madness eats billions that could otherwise be devoted to truly efficient transportation technologies." The Puget Sound's traffic congestion is a growing cancer on the region's prosperity. This website, captures news and expert opinion about ways to address the crisis. This is not a blog, but a knowledge base, which collects the best articles and presents them in a searchable format. My goal is to arm residents with knowledge so they can champion fact-based, rather than emotional, solutions.


Wednesday, March 26, 2008

Wa State passes law restricting vehicle miles travelled by 50% in 2050



60th Legislature

2008 Regular Session

Passed by the House February 19, 2008

Yeas 64 Nays 31

Speaker of the House of Representatives

Passed by the Senate March 5, 2008
Yeas 29 Nays 19

President of the Senate


Governor of the State of Washington


I, Barbara Baker, Chief Clerk of
the House of Representatives of
the State of Washington, do hereby
certify that the attached is


of Representatives and the Senate on the dates hereon set forth.

Chief Clerk


Secretary of State

State of Washington


Passed Legislature - 2008 Regular Session

State of Washington 60th Legislature 2008 Regular Session

By House Appropriations (originally sponsored by Representatives

Dunshee, Priest, Linville, Upthegrove, Nelson, Goodman, Hurst, Lantz, Hunt, Cody, McCoy, Quall, Pettigrew, Fromhold, Dickerson, Darneille, Appleton, Green, Sells, Pedersen, Jarrett, Conway, Morrell, Miloscia, Sullivan, Schual-Berke, McIntire, Williams, Hudgins, Simpson, Ericks, VanDeWege, and Ormsby; by request of Governor Gregoire)


1 AN ACT Relating to creating a framework for reducing greenhouse

2 gases emissions in the Washington economy; amending RCW 70.94.151,

3 70.94.161, and 28B.50.273; adding a new section to chapter 47.01 RCW;

4 adding a new section to chapter 43.330 RCW; adding a new chapter to

5 Title 70 RCW; creating a new section; and repealing RCW 80.80.020.


7 NEW SECTION. Sec. 1. (1) The legislature finds that Washington

8 has long been a national and international leader on energy

9 conservation and environmental stewardship, including air quality

10 protection, renewable energy development and generation, emission

11 standards for fossil-fuel based energy generation, energy efficiency

12 programs, natural resource conservation, vehicle emission standards,

13 and the use of biofuels. Washington is also unique among most states

14 in that in addition to its commitment to reduce emissions of greenhouse

15 gases, it has established goals to grow the clean energy sector and

16 reduce the state's expenditures on imported fuels.

17 (2) The legislature further finds that Washington should continue

18 its leadership on climate change policy by creating accountability for

19 achieving the emission reductions established in section 3 of this act,

p. 1 E2SHB 2815.PL

1 participating in the design of a regional multisector market-based

2 system to help achieve those emission reductions, assessing other

3 market strategies to reduce emissions of greenhouse gases, and ensuring

4 the state has a well trained workforce for our clean energy future.

5 (3) It is the intent of the legislature that the state will: (a)

6 Limit and reduce emissions of greenhouse gas consistent with the

7 emission reductions established in section 3 of this act; (b) minimize

8 the potential to export pollution, jobs, and economic opportunities;

9 and (c) reduce emissions at the lowest cost to Washington's economy,

10 consumers, and businesses.

11 (4) In the event the state elects to participate in a regional

12 multisector market-based system, it is the intent of the legislature

13 that the system will become effective by January 1, 2012, after

14 authority is provided to the department for its implementation. By

15 acting now, Washington businesses and citizens will have adequate time

16 and opportunities to be well positioned to take advantage of the low-

17 carbon economy and to make necessary investments in low-carbon

18 technology.

19 (5) It is also the intent of the legislature that the regional

20 multisector market-based system recognize Washington's unique emissions

21 portfolio, including the state's hydroelectric system, the

22 opportunities presented by Washington's abundant forest resources and

23 agriculture land, and the state's leadership in energy efficiency and

24 the actions it has already taken that have reduced its generation of

25 greenhouse gas emissions and that entities receive appropriate credit

26 for early actions to reduce greenhouse gases.

27 (6) If any revenues that accrue to the state are created by a

28 market system, they must be used to further the state's efforts to

29 achieve the goals established in section 3 of this act, address the

30 impacts of global warming on affected habitats, species, and

31 communities, and increase investment in the clean energy economy

32 particularly for communities and workers that have suffered from heavy

33 job losses and chronic unemployment and underemployment.

34 NEW SECTION. Sec. 2. The definitions in this section apply

35 throughout this chapter unless the context clearly requires otherwise.

36 (1) "Carbon dioxide equivalents" means a metric measure used to

E2SHB 2815.PL p. 2

1 compare the emissions from various greenhouse gases based upon their

2 global warming potential.

3 (2) "Climate advisory team" means the stakeholder group formed in

4 response to executive order 07-02.

5 (3) "Climate impacts group" means the University of Washington's

6 climate impacts group.

7 (4) "Department" means the department of ecology.

8 (5) "Direct emissions" means emissions of greenhouse gases from

9 sources of emissions, including stationary combustion sources, mobile

10 combustion emissions, process emissions, and fugitive emissions.

11 (6) "Director" means the director of the department.

12 (7) "Greenhouse gas" and "greenhouse gases" includes carbon

13 dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons,

14 and sulfur hexafluoride.

15 (8) "Indirect emissions" means emissions of greenhouse gases

16 associated with the purchase of electricity, heating, cooling, or

17 steam.

18 (9) "Person" means an individual, partnership, franchise holder,

19 association, corporation, a state, a city, a county, or any subdivision

20 or instrumentality of the state.

21 (10) "Program" means the department's climate change program.

22 (11) "Total emissions of greenhouse gases" means all direct

23 emissions and all indirect emissions.

24 (12) "Western climate initiative" means the collaboration of

25 states, Canadian provinces, Mexican states, and tribes to design a

26 multisector market-based mechanism as directed under the western

27 regional climate action initiative signed by the governor on February

28 22, 2007.

29 NEW SECTION. Sec. 3. (1)(a) The state shall limit emissions of

30 greenhouse gases to achieve the following emission reductions for

31 Washington state:

32 (i) By 2020, reduce overall emissions of greenhouse gases in the

33 state to 1990 levels;

34 (ii) By 2035, reduce overall emissions of greenhouse gases in the

35 state to twenty-five percent below 1990 levels;

36 (iii) By 2050, the state will do its part to reach global climate

p. 3 E2SHB 2815.PL

1 stabilization levels by reducing overall emissions to fifty percent

2 below 1990 levels, or seventy percent below the state's expected

3 emissions that year.

4 (b) By December 1, 2008, the department shall submit a greenhouse

5 gas reduction plan for review and approval to the legislature,

6 describing those actions necessary to achieve the emission reductions

7 in (a) of this subsection by using existing statutory authority and any

8 additional authority granted by the legislature. Actions taken using

9 existing statutory authority may proceed prior to approval of the

10 greenhouse gas reduction plan.

11 (c) Except where explicitly stated otherwise, nothing in this act

12 limits any state agency authorities as they existed prior to the

13 effective date of this section.

14 (d) Consistent with this directive, the department shall take the

15 following actions:

16 (i) Develop and implement a system for monitoring and reporting

17 emissions of greenhouse gases as required under RCW 70.94.151; and

18 (ii) Track progress toward meeting the emission reductions

19 established in this subsection, including the results from policies

20 currently in effect that have been previously adopted by the state and

21 policies adopted in the future, and report on that progress.

22 (2) By December 31st of each even-numbered year beginning in 2010,

23 the department and the department of community, trade, and economic

24 development shall report to the governor and the appropriate committees

25 of the senate and house of representatives the total emissions of

26 greenhouse gases for the preceding two years, and totals in each major

27 source sector. The department shall ensure the reporting rules adopted

28 under RCW 70.94.151 allow it to develop a comprehensive inventory of

29 emissions of greenhouse gases from all significant sectors of the

30 Washington economy.

31 (3) Except for purposes of reporting, emissions of carbon dioxide

32 from industrial combustion of biomass in the form of fuel wood, wood

33 waste, wood byproducts, and wood residuals shall not be considered a

34 greenhouse gas as long as the region's silvicultural sequestration

35 capacity is maintained or increased.

36 NEW SECTION. Sec. 4. (1)(a) The director shall develop, in

37 coordination with the western climate initiative, a design for a

E2SHB 2815.PL p. 4

1 regional multisector market-based system to limit and reduce emissions

2 of greenhouse gas consistent with the emission reductions established

3 in section 3(1) of this act.

4 (b) By December 1, 2008, the director and the director of the

5 department of community, trade, and economic development shall deliver

6 to the legislature specific recommendations for approval and request

7 for authority to implement the preferred design of a regional

8 multisector market-based system in (a) of this subsection. These

9 recommendations must include:

10 (i) Proposed legislation, necessary funding, and the schedule

11 necessary to implement the preferred design by January 1, 2012;

12 (ii) Any changes determined necessary to the reporting requirements

13 established under RCW 70.94.151; and

14 (iii) Actions that the state should take to prevent manipulation of

15 the multisector market-based system designed under this section.

16 (2) In developing the design for the regional multisector market-

17 based system under subsection (1) of this section, the department shall

18 consult with the affected state agencies, and provide opportunity for

19 public review and comment.

20 (3) In addition to the information required under subsection (1)(b)

21 of this section, the director and the director of the department of

22 community, trade, and economic development shall submit the following

23 to the legislature by December 1, 2008:

24 (a) Information on progress to date in achieving the requirements

25 of this act;

26 (b) The final recommendations of the climate advisory team,

27 including recommended most promising actions to reduce emissions of

28 greenhouse gases or otherwise respond to climate change. These

29 recommendations must include strategies to reduce the quantity of

30 emissions of greenhouse gases per distance traveled in the

31 transportation sector;

32 (c) A request for additional resources and statutory authority

33 needed to limit and reduce emissions of greenhouse gas consistent with

34 this act including implementation of the most promising recommendations

35 of the climate advisory team;

36 (d) Recommendations on how projects funded by the green energy

37 incentive account in RCW 43.325.040 may be used to expand the

p. 5 E2SHB 2815.PL

1 electrical transmission infrastructure into urban and rural areas of

2 the state for purposes of allowing the recharging of plug-in hybrid

3 electric vehicles;

4 (e) Recommendations on how local governments could participate in

5 the multisector market-based system designed under subsection (1) of

6 this section;

7 (f) Recommendations regarding the circumstances under which

8 generation of electricity or alternative fuel from landfill gas and gas

9 from anaerobic digesters may receive an offset or credit in the

10 regional multisector market-based system or other strategies developed

11 by the department; and

12 (g) Recommendations developed in consultation with the department

13 of natural resources and the department of agriculture with the climate

14 advisory team, the college of forest resources at the University of

15 Washington, and the Washington State University, and a nonprofit

16 consortium involved in research on renewable industrial materials,

17 regarding how forestry and agricultural lands and practices may

18 participate voluntarily as an offset or other credit program in the

19 regional multisector market-based system. The recommendations must

20 ensure that the baseline for this offset or credit program does not

21 disadvantage this state in relation to another state or states. These

22 recommendations shall address:

23 (i) Commercial and other working forests, including accounting for

24 site-class specific forest management practices;

25 (ii) Agricultural and forest products, including accounting for

26 substitution of wood for fossil intensive substitutes;

27 (iii) Agricultural land and practices;

28 (iv) Forest and agricultural lands set aside or managed for

29 conservation as of, or after, the effective date of this section; and

30 (v) Reforestation and afforestation projects.

31 Sec. 5. RCW 70.94.151 and 2005 c 138 s 1 are each amended to read

32 as follows:

33 (1) The board of any activated authority or the department, may

34 classify air contaminant sources, by ordinance, resolution, rule or

35 regulation, which in its judgment may cause or contribute to air

36 pollution, according to levels and types of emissions and other

37 characteristics which cause or contribute to air pollution, and may

E2SHB 2815.PL p. 6

1 require registration or reporting or both for any such class or

2 classes. Classifications made pursuant to this section may be for

3 application to the area of jurisdiction of such authority, or the state

4 as a whole or to any designated area within the jurisdiction, and shall

5 be made with special reference to effects on health, economic and

6 social factors, and physical effects on property.

7 (2) Except as provided in subsection (3) of this section, any

8 person operating or responsible for the operation of air contaminant

9 sources of any class for which the ordinances, resolutions, rules or

10 regulations of the department or board of the authority, require

11 registration ((and)) or reporting shall register therewith and make

12 reports containing information as may be required by such department or

13 board concerning location, size and height of contaminant outlets,

14 processes employed, nature of the contaminant emission and such other

15 information as is relevant to air pollution and available or reasonably

16 capable of being assembled. In the case of emissions of greenhouse

17 gases as defined in section 2 of this act the department shall adopt

18 rules requiring reporting of those emissions. The department or board

19 may require that such registration or reporting be accompanied by a

20 fee, and may determine the amount of such fee for such class or

21 classes: PROVIDED, That the amount of the fee shall only be to

22 compensate for the costs of administering such registration or

23 reporting program which shall be defined as initial registration and

24 annual or other periodic reports from the source owner providing

25 information directly related to air pollution registration, on-site

26 inspections necessary to verify compliance with registration

27 requirements, data storage and retrieval systems necessary for support

28 of the registration program, emission inventory reports and emission

29 reduction credits computed from information provided by sources

30 pursuant to registration program requirements, staff review, including

31 engineering or other reliable analysis for accuracy and currentness, of

32 information provided by sources pursuant to registration program

33 requirements, clerical and other office support provided in direct

34 furtherance of the registration program, and administrative support

35 provided in directly carrying out the registration program: PROVIDED

36 FURTHER, That any such registration made with either the board or the

37 department shall preclude a further registration and reporting with any

p. 7 E2SHB 2815.PL

1 other board or the department, except that emissions of greenhouse

2 gases as defined in section 2 of this act must be reported as required

3 under subsection (5) of this section.

4 All registration program and reporting fees collected by the

5 department shall be deposited in the air pollution control account.

6 All registration program fees collected by the local air authorities

7 shall be deposited in their respective treasuries.

8 (3) If a registration or report has been filed for a grain

9 warehouse or grain elevator as required under this section,

10 registration, reporting, or a registration program fee shall not, after

11 January 1, 1997, again be required under this section for the warehouse

12 or elevator unless the capacity of the warehouse or elevator as listed

13 as part of the license issued for the facility has been increased since

14 the date the registration or reporting was last made. If the capacity

15 of the warehouse or elevator listed as part of the license is

16 increased, any registration or reporting required for the warehouse or

17 elevator under this section must be made by the date the warehouse or

18 elevator receives grain from the first harvest season that occurs after

19 the increase in its capacity is listed in the license.

20 This subsection does not apply to a grain warehouse or grain

21 elevator if the warehouse or elevator handles more than ten million

22 bushels of grain annually.

23 (4) For the purposes of subsection (3) of this section:

24 (a) A "grain warehouse" or "grain elevator" is an establishment

25 classified in standard industrial classification (SIC) code 5153 for

26 wholesale trade for which a license is required and includes, but is

27 not limited to, such a licensed facility that also conducts cleaning

28 operations for grain;

29 (b) A "license" is a license issued by the department of

30 agriculture licensing a facility as a grain warehouse or grain elevator

31 under chapter 22.09 RCW or a license issued by the federal government

32 licensing a facility as a grain warehouse or grain elevator for

33 purposes similar to those of licensure for the facility under chapter

34 22.09 RCW; and

35 (c) "Grain" means a grain or a pulse.

36 (5)(a) The department shall adopt rules requiring the reporting of

37 emissions of greenhouse gases as defined in section 2 of this act. The

38 rules must include a de minimis amount of emissions below which

E2SHB 2815.PL p. 8

1 reporting will not be required for both indirect and direct emissions.

2 The rules must require that emissions of greenhouse gases resulting

3 from the burning of fossil fuels be reported separately from emissions

4 of greenhouse gases resulting from the burning of biomass. Except as

5 provided in (b) of this subsection, the department shall, under the

6 authority granted in subsection (1) of this section, adopt rules

7 requiring any owner or operator: (i) Of a fleet of on-road motor

8 vehicles that as a fleet emit at least twenty-five hundred metric tons

9 of greenhouse gas annually in the state to report the emissions of

10 greenhouse gases generated from or emitted by that fleet; or (ii) of a

11 source or combination of sources that emit at least ten thousand metric

12 tons of greenhouse gas annually in the state to report their total

13 annual emissions of greenhouse gases. In calculating emissions of

14 greenhouse gases for purposes of determining whether or not reporting

15 is required, only direct emissions shall be included. For purposes of

16 reporting emissions of greenhouse gases in this act, "source" means any

17 stationary source as defined in RCW 70.94.030, or mobile source used

18 for transportation of people or cargo. The emissions of greenhouse

19 gases must be reported as carbon dioxide equivalents. The rules must

20 require that persons report 2009 emissions starting in 2010. The rules

21 must establish an annual reporting schedule that takes into account the

22 time needed to allow the owner or operator reporting emissions of

23 greenhouse gases to gather the information needed and to verify the

24 emissions being reported. However, in no event may reports be

25 submitted later than October 31st of the year in which the report is

26 due. The department may phase in the reporting requirements for

27 sources or combinations of sources under (a)(ii) of this subsection

28 until the reporting threshold is met, which must be met by January 1,

29 2012. The department may from time to time amend the rules to include

30 other persons that emit less than the annual greenhouse gas emissions

31 levels set out in this subsection if necessary to comply with any

32 federal reporting requirements for emissions of greenhouse gases.

33 (b) In its rules, the department may defer the reporting

34 requirement under (a) of this subsection for emissions associated with

35 interstate and international commercial aircraft, rail, truck, or

36 marine vessels until (i) there is a federal requirement to report these

37 emissions; or (ii) the department finds that there is a generally

p. 9 E2SHB 2815.PL

1 accepted reporting protocol for determining interstate emissions from

2 these sources.

3 (c) The department shall share any reporting information reported

4 to it with the local air authority in which the owner or operator

5 reporting under the rules adopted by the department operates.

6 (d) The fee provisions in subsection (2) of this section apply to

7 reporting of emissions of greenhouse gases. Owners and operators

8 required to report under (a) of this subsection who fail to report or

9 pay the fee required in subsection (2) of this section are subject to

10 enforcement penalties under this chapter. The department shall enforce

11 the reporting rule requirements unless it approves a local air

12 authority's request to enforce the requirements for sources operating

13 within the authority's jurisdiction.

14 (e) The energy facility site evaluation council shall,

15 simultaneously with the department, adopt rules that impose greenhouse

16 gas reporting requirements in site certifications on owners or

17 operators of a facility permitted by the energy facility site

18 evaluation council. The greenhouse gas reporting requirements imposed

19 by the energy facility site evaluation council must be the same as the

20 greenhouse gas reporting requirements imposed by the department. The

21 department shall share any information reported to it from facilities

22 permitted by the energy facility site evaluation council with the

23 council, including notice of a facility that has failed to report as

24 required. The energy facility site evaluation council shall contract

25 with the department to monitor the reporting requirements adopted under

26 this section.

27 (f) In developing its rules, the department shall, with the

28 assistance of the department of transportation, identify a mechanism to

29 report an aggregate estimate of the annual emissions of greenhouse

30 gases generated from or emitted by otherwise unreported on-road motor

31 vehicles.

32 (g) The inclusion or failure to include any person, source, classes

33 of persons or sources, or types of emissions of greenhouse gases into

34 the department's rules for reporting under this section does not

35 indicate whether such a person, source, or category is appropriate for

36 inclusion in the multisector market-based system designed under section

37 3 of this act.

E2SHB 2815.PL p. 10

1 (h) Should the federal government adopt rules sufficient to track

2 progress toward the emissions reductions required by this act governing

3 the reporting of greenhouse gases, the department shall amend its

4 rules, as necessary, to seek consistency with the federal rules to

5 ensure duplicate reporting is not required. Nothing in this section

6 requires the department to increase the reporting threshold established

7 in (a) of this subsection or otherwise require the department's rules

8 be identical to the federal rules in scope.

9 (i) The definitions in section 2 of this act apply throughout this

10 subsection (5) unless the context clearly requires otherwise.

11 Sec. 6. RCW 70.94.161 and 1993 c 252 s 5 are each amended to read

12 as follows:

13 The department of ecology, or board of an authority, shall require

14 renewable permits for the operation of air contaminant sources subject

15 to the following conditions and limitations:

16 (1) Permits shall be issued for a term of five years. A permit may

17 be modified or amended during its term at the request of the permittee,

18 or for any reason allowed by the federal clean air act. The rules

19 adopted pursuant to subsection (2) of this section shall include rules

20 for permit amendments and modifications. The terms and conditions of

21 a permit shall remain in effect after the permit itself expires if the

22 permittee submits a timely and complete application for permit renewal.

23 (2)(a) Rules establishing the elements for a statewide operating

24 permit program and the process for permit application and renewal

25 consistent with federal requirements shall be established by the

26 department by January 1, 1993. The rules shall provide that every

27 proposed permit must be reviewed prior to issuance by a professional

28 engineer or staff under the direct supervision of a professional

29 engineer in the employ of the permitting authority. The permit program

30 established by these rules shall be administered by the department and

31 delegated local air authorities. Rules developed under this subsection

32 shall not preclude a delegated local air authority from including in a

33 permit its own more stringent emission standards and operating

34 restrictions.

35 (b) The board of any local air pollution control authority may

36 apply to the department of ecology for a delegation order authorizing

37 the local authority to administer the operating permit program for

p. 11 E2SHB 2815.PL

1 sources under that authority's jurisdiction. The department shall, by

2 order, approve such delegation, if the department finds that the local

3 authority has the technical and financial resources, to discharge the

4 responsibilities of a permitting authority under the federal clean air

5 act. A delegation request shall include adequate information about the

6 local authority's resources to enable the department to make the

7 findings required by this subsection((; provided)). However, any

8 delegation order issued under this subsection shall take effect ninety

9 days after the environmental protection agency authorizes the local

10 authority to issue operating permits under the federal clean air act.

11 (c) Except for the authority granted the energy facility site

12 evaluation council to issue permits for the new construction,

13 reconstruction, or enlargement or operation of new energy facilities

14 under chapter 80.50 RCW, the department may exercise the authority, as

15 delegated by the environmental protection agency, to administer Title

16 IV of the federal clean air act as amended and to delegate such

17 administration to local authorities as applicable pursuant to (b) of

18 this subsection.

19 (3) In establishing technical standards, defined in RCW 70.94.030,

20 the permitting authority shall consider and, if found to be

21 appropriate, give credit for waste reduction within the process.

22 (4) Operating permits shall apply to all sources (a) where required

23 by the federal clean air act, and (b) for any source that may cause or

24 contribute to air pollution in such quantity as to create a threat to

25 the public health or welfare. Subsection (b) of this subsection is not

26 intended to apply to small businesses except when both of the following

27 limitations are satisfied: (i) The source is in an area exceeding or

28 threatening to exceed federal or state air quality standards; and (ii)

29 the department provides a reasonable justification that requiring a

30 source to have a permit is necessary to meet a federal or state air

31 quality standard, or to prevent exceeding a standard in an area

32 threatening to exceed the standard. For purposes of this subsection

33 "areas threatening to exceed air quality standards" shall mean areas

34 projected by the department to exceed such standards within five years.

35 Prior to identifying threatened areas the department shall hold a

36 public hearing or hearings within the proposed areas.

37 (5) Sources operated by government agencies are not exempt under

38 this section.

E2SHB 2815.PL p. 12

1 (6) Within one hundred eighty days after the United States

2 environmental protection agency approves the state operating permit

3 program, a person required to have a permit shall submit to the

4 permitting authority a compliance plan and permit application, signed

5 by a responsible official, certifying the accuracy of the information

6 submitted. Until permits are issued, existing sources shall be allowed

7 to operate under presently applicable standards and conditions provided

8 that such sources submit complete and timely permit applications.

9 (7) All draft permits shall be subject to public notice and

10 comment. The rules adopted pursuant to subsection (2) of this section

11 shall specify procedures for public notice and comment. Such

12 procedures shall provide the permitting agency with an opportunity to

13 respond to comments received from interested parties prior to the time

14 that the proposed permit is submitted to the environmental protection

15 agency for review pursuant to section 505(a) of the federal clean air

16 act. In the event that the environmental protection agency objects to

17 a proposed permit pursuant to section 505(b) of the federal clean air

18 act, the permitting authority shall not issue the permit, unless the

19 permittee consents to the changes required by the environmental

20 protection agency.

21 (8) The procedures contained in chapter 43.21B RCW shall apply to

22 permit appeals. The pollution control hearings board may stay the

23 effectiveness of any permit issued under this section during the

24 pendency of an appeal filed by the permittee, if the permittee

25 demonstrates that compliance with the permit during the pendency of the

26 appeal would require significant expenditures that would not be

27 necessary in the event that the permittee prevailed on the merits of

28 the appeal.

29 (9) After the effective date of any permit program promulgated

30 under this section, it shall be unlawful for any person to: (a)

31 Operate a permitted source in violation of any requirement of a permit

32 issued under this section; or (b) fail to submit a permit application

33 at the time required by rules adopted under subsection (2) of this

34 section.

35 (10) Each air operating permit shall state the origin of and

36 specific legal authority for each requirement included therein. Every

37 requirement in an operating permit shall be based upon the most

38 stringent of the following requirements:

p. 13 E2SHB 2815.PL

1 (a) The federal clean air act and rules implementing that act,

2 including provision of the approved state implementation plan;

3 (b) This chapter and rules adopted thereunder;

4 (c) In permits issued by a local air pollution control authority,

5 the requirements of any order or regulation adopted by that authority;

6 (d) Chapter 70.98 RCW and rules adopted thereunder; and

7 (e) Chapter 80.50 RCW and rules adopted thereunder.

8 (11) Consistent with the provisions of the federal clean air act,

9 the permitting authority may issue general permits covering categories

10 of permitted sources, and temporary permits authorizing emissions from

11 similar operations at multiple temporary locations.

12 (12) Permit program sources within the territorial jurisdiction of

13 an authority delegated the operating permit program shall file their

14 permit applications with that authority, except that permit

15 applications for sources regulated on a statewide basis pursuant to RCW

16 70.94.395 shall be filed with the department. Permit program sources

17 outside the territorial jurisdiction of a delegated authority shall

18 file their applications with the department. Permit program sources

19 subject to chapter 80.50 RCW shall, irrespective of their location,

20 file their applications with the energy facility site evaluation

21 council.

22 (13) When issuing operating permits to coal fired electric

23 generating plants, the permitting authority shall establish

24 requirements consistent with Title IV of the federal clean air act.

25 (14)(a) The department and the local air authorities are authorized

26 to assess and to collect, and each source emitting one hundred tons or

27 more per year of a regulated pollutant shall pay an interim assessment

28 to fund the development of the operating permit program during fiscal

29 year 1994.

30 (b) The department shall conduct a workload analysis and prepare an

31 operating permit program development budget for fiscal year 1994. The

32 department shall allocate among all sources emitting one hundred tons

33 or more per year of a regulated pollutant during calendar year 1992 the

34 costs identified in its program development budget according to a

35 three-tiered model, with each of the three tiers being equally

36 weighted, based upon:

37 (i) The number of sources;

38 (ii) The complexity of sources; and

E2SHB 2815.PL p. 14

1 (iii) The size of sources, as measured by the quantity of each

2 regulated pollutant emitted by the source.

3 (c) Each local authority and the department shall collect from

4 sources under their respective jurisdictions the interim fee determined

5 by the department and shall remit the fee to the department.

6 (d) Each local authority may, in addition, allocate its fiscal year

7 1994 operating permit program development costs among the sources under

8 its jurisdiction emitting one hundred tons or more per year of a

9 regulated pollutant during calendar year 1992 and may collect an

10 interim fee from these sources. A fee assessed pursuant to this

11 subsection (14)(d) shall be collected at the same time as the fee

12 assessed pursuant to (c) of this subsection.

13 (e) The fees assessed to a source under this subsection shall be

14 limited to the first seven thousand five hundred tons for each

15 regulated pollutant per year.

16 (15)(a) The department shall determine the persons liable for the

17 fee imposed by subsection (14) of this section, compute the fee, and

18 provide by November 1 ((of)), 1993, the identity of the fee payer with

19 the computation of the fee to each local authority and to the

20 department of revenue for collection. The department of revenue shall

21 collect the fee computed by the department from the fee payers under

22 the jurisdiction of the department. The administrative, collection,

23 and penalty provisions of chapter 82.32 RCW shall apply to the

24 collection of the fee by the department of revenue. The department

25 shall provide technical assistance to the department of revenue for

26 decisions made by the department of revenue pursuant to RCW 82.32.160

27 and 82.32.170. All interim fees collected by the department of revenue

28 on behalf of the department and all interim fees collected by local

29 authorities on behalf of the department shall be deposited in the air

30 operating permit account. The interim fees collected by the local air

31 authorities to cover their permit program development costs under

32 subsection (14)(d) of this section shall be deposited in the dedicated

33 accounts of their respective treasuries.

34 (b) All fees identified in this section shall be due and payable on

35 March 1 ((of)), 1994, except that the local air pollution control

36 authorities may adopt by rule an earlier date on which fees are to be

37 due and payable. The section 5, chapter 252, Laws of 1993 amendments

38 to RCW 70.94.161 do not have the effect of terminating, or in any way

p. 15 E2SHB 2815.PL

1 modifying, any liability, civil or criminal, incurred pursuant to the

2 provisions of RCW 70.94.161 (15) and (17) as they existed prior to July

3 25, 1993.

4 (16) For sources or source categories not required to obtain

5 permits under subsection (4) of this section, the department or local

6 authority may establish by rule control technology requirements. If

7 control technology rule revisions are made by the department or local

8 authority under this subsection, the department or local authority

9 shall consider the remaining useful life of control equipment

10 previously installed on existing sources before requiring technology

11 changes. The department or any local air authority may issue a general

12 permit, as authorized under the federal clean air act, for such

13 sources.

14 (17) Emissions of greenhouse gases as defined in section 2 of this

15 act must be reported as required by RCW 70.94.151. The reporting

16 provisions of RCW 70.94.151 shall not apply to any other emissions from

17 any permit program source after the effective date of United States

18 environmental protection agency approval of the state operating permit

19 program.

20 NEW SECTION. Sec. 7. Within eighteen months of the next and each

21 successive global or national assessment of climate change science, the

22 department shall consult with the climate impacts group at the

23 University of Washington regarding the science on human-caused climate

24 change and provide a report to the legislature summarizing that science

25 and make recommendations regarding whether the greenhouse gas emissions

26 reductions required under section 3 of this act need to be updated.

27 NEW SECTION. Sec. 8. A new section is added to chapter 47.01 RCW

28 to read as follows:

29 To support the implementation of RCW 47.04.280 and 47.01.078(4),

30 the department shall adopt broad statewide goals to reduce annual per

31 capita vehicle miles traveled by 2050 consistent with the stated goals

32 of executive order 07-02. Consistent with these goals, the department

33 shall:

34 (1) Establish the following benchmarks using a statewide baseline

35 of seventy-five billion vehicle miles traveled less the vehicle miles

E2SHB 2815.PL p. 16

1 traveled attributable to vehicles licensed under RCW 46.16.070 and

2 weighing ten thousand pounds or more, which are exempt from this

3 section:

4 (a) Decrease the annual per capita vehicle miles traveled by

5 eighteen percent by 2020;

6 (b) Decrease the annual per capita vehicle miles traveled by thirty

7 percent by 2035; and

8 (c) Decrease the annual per capita vehicle miles traveled by fifty

9 percent by 2050;

10 (2) By July 1, 2008, establish and convene a collaborative process

11 to develop a set of tools and best practices to assist state, regional,

12 and local entities in making progress towards the benchmarks

13 established in subsection (1) of this section. The collaborative

14 process must provide an opportunity for public review and comment and

15 must:

16 (a) Be jointly facilitated by the department, the department of

17 ecology, and the department of community, trade, and economic

18 development;

19 (b) Provide for participation from regional transportation planning

20 organizations, the Washington state transit association, the Puget

21 Sound clean air agency, a statewide business organization representing

22 the sale of motor vehicles, at least one major private employer that

23 participates in the commute trip reduction program, and other

24 interested parties, including but not limited to parties representing

25 diverse perspectives on issues relating to growth, development, and

26 transportation;

27 (c) Identify current strategies to reduce vehicle miles traveled in

28 the state as well as successful strategies in other jurisdictions that

29 may be applicable in the state;

30 (d) Identify potential new revenue options for local and regional

31 governments to authorize to finance vehicle miles traveled reduction

32 efforts;

33 (e) Provide for the development of measurement tools that can, with

34 a high level of confidence, measure annual progress toward the

35 benchmarks at the local, regional, and state levels, measure the

36 effects of strategies implemented to reduce vehicle miles traveled and

37 adequately distinguish between common travel purposes, such as moving

p. 17 E2SHB 2815.PL

1 freight or commuting to work, and measure trends of vehicle miles

2 traveled per capita on a five-year basis;

3 (f) Establish a process for the department to periodically evaluate

4 progress toward the vehicle miles traveled benchmarks, measure achieved

5 and projected emissions reductions, and recommend whether the

6 benchmarks should be adjusted to meet the state's overall goals for the

7 reduction of greenhouse gas emissions;

8 (g) Estimate the projected reductions in greenhouse gas emissions

9 if the benchmarks are achieved, taking into account the expected

10 implementation of existing state and federal mandates for vehicle

11 technology and fuels, as well as expected growth in population and

12 vehicle travel;

13 (h) Examine access to public transportation for people living in

14 areas with affordable housing to and from employment centers, and make

15 recommendations for steps necessary to ensure that areas with

16 affordable housing are served by adequate levels of public

17 transportation; and

18 (i) By December 1, 2008, provide a report to the transportation

19 committees of the legislature on the collaborative process and

20 resulting recommended tools and best practices to achieve the reduction

21 in annual per capita vehicle miles traveled goals.

22 (3) Included in the December 1, 2008, report to the transportation

23 committees of the legislature, the department shall identify strategies

24 to reduce vehicle miles traveled in the state as well as successful

25 strategies in other jurisdictions that may be applicable in the state

26 that recognize the differing urban and rural transportation

27 requirements.

28 (4) Prior to implementation of the goals in this section, the

29 department, in consultation with the department of community, trade,

30 and economic development, cities, counties, local economic development

31 organizations, and local and regional chambers of commerce, shall

32 provide a report to the appropriate committees of the legislature on

33 the anticipated impacts of the goals established in this section on the

34 following:

35 (a) The economic hardship on small businesses as it relates to the

36 ability to hire and retain workers who do not reside in the county in

37 which they are employed;

38 (b) Impacts on low-income residents;

E2SHB 2815.PL p. 18

1 (c) Impacts on agricultural employers and their employees,

2 especially on the migrant farmworker community;

3 (d) Impacts on distressed rural counties; and

4 (e) Impacts in counties with more than fifty percent of the land

5 base of the county in public or tribal lands.

6 NEW SECTION. Sec. 9. A new section is added to chapter 43.330 RCW

7 to read as follows:

8 (1) The legislature establishes a comprehensive green economy jobs

9 growth initiative based on the goal of, by 2020, increasing the number

10 of green economy jobs to twenty-five thousand from the eight thousand

11 four hundred green economy jobs the state had in 2004.

12 (2) The department, in consultation with the employment security

13 department, the state workforce training and education coordinating

14 board, the state board of community and technical colleges, and the

15 higher education coordinating board, shall develop a defined list of

16 terms, consistent with current workforce and economic development

17 terms, associated with green economy industries and jobs.

18 (3)(a) The employment security department, in consultation with the

19 department, the state workforce training and education coordinating

20 board, the state board for community and technical colleges, the higher

21 education coordinating board, Washington State University small

22 business development center, and the Washington State University

23 extension energy program, shall conduct labor market research to

24 analyze the current labor market and projected job growth in the green

25 economy, the current and projected recruitment and skill requirement of

26 green economy industry employers, the wage and benefits ranges of jobs

27 within green economy industries, and the education and training

28 requirements of entry-level and incumbent workers in those industries.

29 (b) The University of Washington business and economic development

30 center shall: Analyze the current opportunities for and participation

31 in the green economy by minority and women-owned business enterprises

32 in Washington; identify existing barriers to their successful

33 participation in the green economy; and develop strategies with

34 specific policy recommendations to improve their successful

35 participation in the green economy. The research may be informed by

36 the research of the Puget Sound regional council prosperity

37 partnership, as well as other entities. The University of Washington

p. 19 E2SHB 2815.PL

1 business and economic development center shall report to the

2 appropriate committees of the house of representatives and the senate

3 on their research, analysis, and recommendations by December 1, 2008.

4 (4) Based on the findings from subsection (3) of this section, the

5 employment security department, in consultation with the department and

6 taking into account the requirements and goals of this act and other

7 state clean energy and energy efficiency policies, shall propose which

8 industries will be considered high-demand green industries, based on

9 current and projected job creation and their strategic importance to

10 the development of the state's green economy. The employment security

11 department and the department shall take into account which jobs within

12 green economy industries will be considered high-wage occupations and

13 occupations that are part of career pathways to the same, based on

14 family-sustaining wage and benefits ranges. These designations, and

15 the results of the employment security department's broader labor

16 market research, shall inform the planning and strategic direction of

17 the department, the state workforce training and education coordinating

18 board, the state board for community and technical colleges, and the

19 higher education coordinating board.

20 (5) The department shall identify emerging technologies and

21 innovations that are likely to contribute to advancements in the green

22 economy, including the activities in designated innovation partnership

23 zones established in RCW 43.330.270.

24 (6) The department, consistent with the priorities established by

25 the state economic development commission, shall:

26 (a) Develop targeting criteria for existing investments, and make

27 recommendations for new or expanded financial incentives and

28 comprehensive strategies, to recruit, retain, and expand green economy

29 industries and small businesses; and

30 (b) Make recommendations for new or expanded financial incentives

31 and comprehensive strategies to stimulate research and development of

32 green technology and innovation, including designating innovation

33 partnership zones linked to the green economy.

34 (7) For the purposes of this section, "target populations" means

35 (a) entry-level or incumbent workers in high-demand green industries

36 who are in, or are preparing for, high-wage occupations; (b) dislocated

37 workers in declining industries who may be retrained for high-wage

38 occupations in high-demand green industries; (c) dislocated

E2SHB 2815.PL p. 20

1 agriculture, timber, or energy sector workers who may be retrained for

2 high-wage occupations in high-demand green industries; (d) eligible

3 veterans or national guard members; (e) disadvantaged populations; or

4 (f) anyone eligible to participate in the state opportunity grant

5 program under RCW 28B.50.271.

6 (8) The legislature directs the state workforce training and

7 education coordinating board to create and pilot green industry skill

8 panels. These panels shall consist of business representatives from

9 industry sectors related to clean energy, labor unions representing

10 workers in those industries or labor affiliates administering state-

11 approved, joint apprenticeship programs or labor-management partnership

12 programs that train workers for these industries, state and local

13 veterans agencies, employer associations, educational institutions, and

14 local workforce development councils within the region that the panels

15 propose to operate, and other key stakeholders as determined by the

16 applicant. Any of these stakeholder organizations are eligible to

17 receive grants under this section and serve as the intermediary that

18 convenes and leads the panel. Panel applicants must provide labor

19 market and industry analysis that demonstrates high demand, or demand

20 of strategic importance to the development of the state's clean energy

21 economy as identified in this section, for high-wage occupations, or

22 occupations that are part of career pathways to the same, within the

23 relevant industry sector. The panel shall:

24 (a) Conduct labor market and industry analyses, in consultation

25 with the employment security department, and drawing on the findings of

26 its research when available;

27 (b) Plan strategies to meet the recruitment and training needs of

28 the industry and small businesses; and

29 (c) Leverage and align other public and private funding sources.

30 (9) The green industries jobs training account is created in the

31 state treasury. Moneys from the account must be utilized to supplement

32 the state opportunity grant program established under RCW 28B.50.271.

33 All receipts from appropriations directed to the account must be

34 deposited into the account. Expenditures from the account may be used

35 only for the activities identified in this subsection. The state board

36 for community and technical colleges, in consultation with the state

37 workforce training and education coordinating board, informed by the

38 research of the employment security department and the strategies

p. 21 E2SHB 2815.PL

1 developed in this section, may authorize expenditures from the account.

2 The state board for community and technical colleges must distribute

3 grants from the account on a competitive basis.

4 (a)(i) Allowable uses of these grant funds, which should be used

5 when other public or private funds are insufficient or unavailable, may

6 include:

7 (A) Curriculum development;

8 (B) Transitional jobs strategies for dislocated workers in

9 declining industries who may be retrained for high-wage occupations in

10 green industries;

11 (C) Workforce education to target populations; and

12 (D) Adult basic and remedial education as necessary linked to

13 occupation skills training.

14 (ii) Allowable uses of these grant funds do not include student

15 assistance and support services available through the state opportunity

16 grant program under RCW 28B.50.271.

17 (b) Applicants eligible to receive these grants may be any

18 organization or a partnership of organizations that has demonstrated

19 expertise in:

20 (i) Implementing effective education and training programs that

21 meet industry demand; and

22 (ii) Recruiting and supporting, to successful completion of those

23 training programs carried out under these grants, the target

24 populations of workers.

25 (c) In awarding grants from the green industries jobs training

26 account, the state board for community and technical colleges shall

27 give priority to applicants that demonstrate the ability to:

28 (i) Use labor market and industry analysis developed by the

29 employment security department and green industry skill panels in the

30 design and delivery of the relevant education and training program, and

31 otherwise utilize strategies developed by green industry skills panels;

32 (ii) Leverage and align existing public programs and resources and

33 private resources toward the goal of recruiting, supporting, educating,

34 and training target populations of workers;

35 (iii) Work collaboratively with other relevant stakeholders in the

36 regional economy;

37 (iv) Link adult basic and remedial education, where necessary, with

38 occupation skills training;

E2SHB 2815.PL p. 22

1 (v) Involve employers and, where applicable, labor unions in the

2 determination of relevant skills and competencies and, where relevant,

3 the validation of career pathways; and

4 (vi) Ensure that supportive services, where necessary, are

5 integrated with education and training and are delivered by

6 organizations with direct access to and experience with the targeted

7 population of workers.

8 Sec. 10. RCW 28B.50.273 and 2007 c 277 s 201 are each amended to

9 read as follows:

10 The college board, in partnership with business, labor, and the

11 workforce training and education coordinating board, shall:

12 (1) Identify job-specific training programs offered by qualified

13 postsecondary institutions that lead to a credential, certificate, or

14 degree in green industry occupations as established in this act, and

15 other high demand occupations, which are occupations where data show

16 that employer demand for workers exceeds the supply of qualified job

17 applicants throughout the state or in a specific region, and where

18 training capacity is underutilized;

19 (2) Gain recognition of the credentials, certificates, and degrees

20 by Washington's employers and labor organizations. The college board

21 shall designate these recognized credentials, certificates, and degrees

22 as "opportunity grant-eligible programs of study"; and

23 (3) Market the credentials, certificates, and degrees to potential

24 students, businesses, and apprenticeship programs as a way for

25 individuals to advance in their careers and to better meet the needs of

26 industry.

27 NEW SECTION. Sec. 11. Except where explicitly stated otherwise,

28 nothing in this act alters or limits any authorities of the department

29 as they existed prior to of the effective date of this section.

30 NEW SECTION. Sec. 12. If any provision of this act or its

31 application to any person or circumstance is held invalid, the

32 remainder of the act or the application of the provision to other

33 persons or circumstances is not affected.

p. 23 E2SHB 2815.PL

1 NEW SECTION. Sec. 13. RCW 80.80.020 (Greenhouse gases emissions

2 reduction--Clean energy economy--Goals--Reports) and 2007 c 307 s 3 are

3 each repealed.

4 NEW SECTION. Sec. 14. Sections 1 through 4, 7, 11, and 12 of this

5 act constitute a new chapter in Title 70 RCW.

6 NEW SECTION. Sec. 15. If specific funding for the purposes of

7 this act, referencing this act by bill or chapter number, is not

8 provided by June 30, 2008, in the omnibus appropriations act, this act

9 is null and void.

--- END ---

E2SHB 2815.PL p. 24

The articles are posted solely for educational purposes to raise awareness of transportation issues. I claim no authorship, nor do I profit from this website. Where known, all original authors and/or source publisher have been noted in the post. As this is a knowledge base, rather than a blog, I have reproduced the articles in full to allow for complete reader understanding and allow for comprehensive text searching...see custom google search engine at the top of the page. If you have concerns about the inclusion of a specific article, please email for a speedy resolution.