Washington Business Fall 2018 | Legislative Review & Vote Record | Page 28

2018 legislative review Environment Mary Catherine McAleer: Climate Change, Energy, Chemical and Solid Waste Management and Water Quality Michael Ennis: Land Use/Construction, Water Resources and Regulatory Reform The 2018 legislative session began with strong momentum to pass a comprehensive carbon tax and preempt a carbon price from being placed on the November 2018 ballot via an initiative. Despite the efforts of carbon tax supporters to mediate environmentalist and business concerns to reach agreement on a carbon tax proposal, they failed to win the support necessary to pass a bill. Shortly after the session ended, backers of Initiative 1631 filed it with the Secretary of State’s office. I-1631 proposes to enact a steep carbon tax rate and create a new body of unelected appointees to oversee a network of programs that are not necessarily aimed at reducing emissions. In June, supporters turned in approximately 375,000 petition signatures — far more than the 260,000 required to be placed on the November ballot. AWB’s Mary Catherine McAleer with Irene Plenefisch of Microsoft and Sheri Call of the Washington Trucking Association. A newly-secured Democratic majority in both House and Senate chambers also allowed for the introduction of many policy ideas previously stifled by bipartisan control of the legislative chambers. Unlike other legislative sessions, most of these dozens of energy and environmental policy proposals were moved to the House Rules Committee without being fully negotiated by House and Senate leadership teams. Energy-related bills introduced ranged from on-bill asset repayment and fuel content standards to utility renewable-energy mandates and carbon taxes. Ultimately, a prevailing combination of political factors caused most of these policies to fail: legislators being unwilling to take risky tax votes immediately prior to an election year, a short, 60-day timeline, and political tension between the legislative and executive branches of state government. Lawmakers also delivered on two AWB priorities this session by passing a legislative fix for the Supreme Court’s Hirst water rights decision and reforming the State Building Code Council (SBCC). Identified as a top issue coming out of AWB’s Rural Jobs Summits last year, the Hirst bill provides property owners with access to water, allowing county officials to issue building permits again. And AWB worked with stakeholders for the last few years on finding a set of reforms that would establish a functioning and efficient administration of the SBCC. For many in the business community, the SBCC became an impediment to consistent and predictable building codes and this year’s legislation will provide needed reforms. climate and energy policy HB 1144 amending the state’s greenhouse gas reduction targets Failed/AWB Opposed House Bill 1144, sponsored by Rep. Joe Fitzgibbon, D-Burien, follows years of debate regarding the state’s statutor y greenhouse gas targets. HB 1144 attempted to amend the existing statute to codify these new, more stringent, reduction targets. AWB opposed HB 1144 in 2017 and 2018. The bill would have increased 26 association of washington business the stringency of Washington’s emission reduction goals. AWB members argued that the goals don’t make sense because they ignore Washington state’s relatively clean baseline, they include emissions occurring outside of the state, and they are legally unenforceable. Additionally, Washington’s other energ y statutes fail to recognize emissions-free hydropower and nuclear energy, which are sources of power in many of the nations participating in the Paris Climate Accord, and HB 1144 would not have provided parity with regard to electric power production. The existing emissions reduction targets also expose the state to litigation, which we have already seen in Zoe and Stella Foster, et. al. v. Washington State and Juliana v. United States. HB 1144 moved out of the House on a party-line vote, but failed to pass in the Senate. HB 2328 making changes to the clean car standards and clean car program Failed/AWB Opposed Hou se Bi l l 2328 , spon sored by Rep. Jef f Morris, D-Mount Vernon, would have mandated that Washington adopt California’s Clean Car Standards program requiring manufacturers to deliver certain