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2008 Sierra Club Legislative Report

 There’s always a dilemma when it comes to how we measure and report our progress towards creating a more sustainable civilization. Do we measure how far we’ve come, or by how far we have to go? The challenge climate change presents us further compounds this dilemma, in part because the stakes are so high and we have such a long, long, way to go.

In the final analysis, the only assessment of our progress that really matters is that of the Earth itself. The laws of cause and effect will tell us whether or not we meet the challenge. All we can do is give you our best assessment of whether or not we’re on track. The simple report is that we came along way in the 2008 Legislative session, perhaps further than we’ve ever come before. We established a cap on greenhouse gases in Washington and set up a framework to reduce our emissions over time, and within that framework we moved forward on reducing our emissions from transportation. But when viewed from the “how far we have to go” lens, it’s still a long, long way. Simply put, we’re on track, we can still do it, but the really hard part still lies ahead.

Climate Action Plan (HB 2815)In addition to capping greenhouse gas emissions in Washington, the bill directs the Department of Ecology to develop the plan to make it happen, then to bring that plan back to the Legislature next session. The big win here is that we actually have a cap on emissions and the cap goes down over time. This is a HUGE step forward and changes the debate in Olympia from “can we stop global warming” to “how we stop global warming.” In addition, the bill could extend Washington’s influence across the West by setting the stage for a regional cap and trade system. The details on that matter, and we’re work closely with other environmental organizations throughout the region to develop a system that will actually work. This bill would not have been possible without Governor Gregoire’s extraordinary leadership. When the bill appeared dead in the House, she personally lobbied House Leadership to revive and pass it.

Local Solutions to Global Warming (SB 6580)In order to achieve an 80% reduction of GHGs we must start building better communities. Compact, walkable communities make it easier to get around without a car and actually create more opportunity for public parks and other common spaces. This legislation sought to incorporate the goal of reducing GHG emissions into the state’s Growth Management Act (GMA). Under the GMA local governments are required to write plans describing how cities develop, including protecting open spaces, water resources, and ensuring adequate services. Our goal was to make sure that global warming pollution would be a new, and key, consideration.

While this was also both a priority for the Sierra Club and the allied environmental community, due to heavy opposition from the Building Association of Washington and the Farm Bureau, we weren’t able to get GHGs incorporated into the GMA. However, we laid a good foundation for adding the reduction of greenhouse gases as a goal to GMA next year and had some modest success, including several pilot projects for local governments that want to get started right away.

Variable tolling (HB 1773 and HB 3096)Variable tolling is emerging as a key strategy towards reducing our emissions. Drivers pay a toll to drive on highways, and the toll costs more during peak times. The revenues can be used to expand transit, among other things. The general idea is that variable tolling discourages driving and encourages and facilitates more use of transit.

This session, we had two major successes regarding tolls. The first, HB 1773, sets the state’s broad tolling policy, such as when to toll, what the state can use the money for, and who sets the tolls. We successfully removed provisions that would have limited the amount of tolling revenue that could be used on transit, and beat back amendments that would have required all toll revenue to be used for highway purposes only. In short, this legislation clears the path to a decent, fair tolling system, but it doesn’t actually implement any tolls yet.

If HB 1773 opens the path for a decent tolling system, HB 3096 takes the first few steps towards implementing tolls. This bill essentially lays out the financing plan to replace the SR-520 floating bridge across Lake Washington. It sets up several processes to evaluate how to implement variable tolls on both SR-520 and the I-90 floating bridges, and requires some public outreach. The plan calls for a report to next year’s Legislature, which will actually authorize the tolls.

While we’re quite pleased with the tremendous progress we made this session regarding tolls, the real struggle will take place next session when we’re actually implementing them. We anticipate big fights over how the toll revenue can be used and we will be there to secure what’s needed for high capacity transit with the tolled corridors 

Energy efficient appliances (HB 2876/SB6379) and energy savings (HB 2888/SB 6515)One of the simplest, most cost effective and immediate ways to reduce our greenhouse gas emissions is to use energy more efficiently. This suite of bills would have provided state tax incentives for consumers to purchase more efficient appliances and for local governments to invest in saving energy at municipal buildings. They died because state revenues are down and the budget writers couldn’t accommodate the several million in lost revenue these bills would have created. 

Environmental education-sustainability (SB 6549)If we’re going actually going to meet the climate challenge, we need today’s young people. We need their intellect, their creativity, their passion, and their optimism. But there’s a real risk that all the negative messages about global warming could overwhelm many of today’s youth. We can’t let that happen. This bill would have created a grant program to help high school students do their culminating projects on issues related to creating a more sustainable civilization. The bill moved passed out of the Education Committee, but died in Ways and Means because the budget forecast was so bad and there simply was no money. We expect to come back with something similar for next session however. In the meantime, the Office of the Superintendent of Public Instruction is using private funds to move forward with similar program called the “Sustainable Design Project.”

In addition to our global warming agenda, the Sierra Club worked on a bunch of other issues. Here are some of those issues.

Groundwater monitoring (HB 2477/SB 6593)In short, we’re pumping out our groundwater supplies without any real understanding of much we have left, the rate at which we’re pumping them out, or the hydrological impacts on rivers and streams. This bill would have required the Department of Ecology to conduct two pilot programs assessing our groundwater situation, and directed them to improve their groundwater monitoring program in general. While the bill did not pass, we did help secure a budget proviso and funding to conduct the pilot the programs.

Maury Island (SB 6777)Once again, the Senate passed a bill to protect the critical marine habitat within Aquatic Reserve on Maury Island from destructive gravel mining and industrial barging activities, only to have the bill die in the House. One of the issues in question is whether or not Glacier NW, the mining company involved, actually owns the rights to the gravel in question. It’s entirely possible that the State still retains those rights. While the bill did to resolve this question didn’t pass, the Senate did secure a provision in the budget requiring further investigation of the issues.

Phosphorus in automatic dishwashing detergent (HB 2263)Two years ago, the Sierra Club successfully led the effort to ban phosphorus in automatic dishwashing detergent, making Washington the first state in the US to do so. Subsequently, five other states have enacted the ban, and the ban is pending in six more. Furthermore, as a result of our leadership on this issue, the industry has publicly stated that they plan to switch the entire North American market over to phosphorus-free detergent by 2010.

Here in Washington, our ban goes into effect in 2010 statewide, but in 2008 in Spokane, Clark, and Whatcom Counties, where the problem is most acute. This bill, in its original form, would’ve delayed implementation in Clark and Whatcom Counties. But we were able to work out a compromise with the industry that leaves Whatcom and Spokane in place as early adopters.

Fertilizer labeling regulations (HB 2467)This legislation, as originally introduced and passed the House, would have created a loophole in the fertilizer labeling requirements, potentially allowing certain hazardous wastes to be mixed into fertilizers, but not reported on the label. We worked with People for Puget Sound to amend the bill maintain labeling requirements.

Regional transportation governance (SB 6772)This bill would have essentially wiped out Sound Transit and created a new regional transportation entity with responsibilities for both roads and transit. While there are definitely opportunities to improve transportation governance in the central Puget Sound region, had this bill passed, it would have definitely prevented Sound Transit from moving forward with Phase 2 any time in the foreseeable future. We worked closely with Transportation Choices Coaltion and other environmental organizations to raise concerns about the impact of the legislation on transit, and the bill subsequently died in the Senate Transportation Committee. If you'd like to get involved in working toward better legislation, please consider joining our Legislative Committee or one of the many other committees that focus on specific topics.

For more information about our legislative priorities and how you can help support them, contact:

Peter Orth, Chair of the Legislative Committee, at 425-562-8740 or porthcpa@comcast.net.

Craig Engelking, Legislative Director and Lobbyist, at 360-561-7701 or craig.engelking@sierraclub.org.