Environmental Protection

Major environmental protection issues in 2011 include:

Oil Spill Prevention and Cleanup

The Gulf oil spill has spurred a review of the status of contingency planning, traffic safety measures, and the capacity of stationed oil response resources. Legislation may be introduced to strengthen planning and monitoring of oil laden barges and tankers as well as large cargo vessels transiting Puget Sound as well as those on the Columbia River. Legislation may also be proposed that would increase revenues to address the budget shortfall for the state's oil spill programs.

Copper in Anti-fouling Bottom Paints

The boatyards, marine trade, and recreational boating interests may propose legislation to reduce the level of copper in chemicals applied to the hulls of recreational vessels. The proposal is to reduce the allowable levels of copper in such paints over time, in anticipation of effective alternative bottom paints, similar to the phase-out of copper in vehicle brake pads adopted last session. Such paints applied to recreational vessels are also a large source of copper to marine waters.

Toxic Chemicals

Department of Ecology-request legislation proposes amendments to the Children's Safe Products Act (CSPA). The amendments will address planning steps by manufacturers that report the presence of chemicals of high concern in children's products, to identify priority products for assessment of the availability of safe alternatives to the use of the chemicals.

Stormwater Cleanup

For the third session in a row an environmental community priority is to propose a substantial increase in petroleum-related revenues -- perhaps on the order of $100 million annually -- to address cleanwater needs in the state, chiefly among them assistance to local governments in meeting new federal stormwater permit requirements and to undertake capital projects for stormwater cleanup. In the 2009 session the proposal was to increase a per-barrel fee on the first possession of petroleum in the state, while in the 2010 session the proposal was to increase the rate of the Model Toxics Control Act (MTCA) tax. This is a tax on the first possession of hazardous substances, and the great majority of the revenues are paid by oil refinery companies as the first possessor of petroleum products.

Lawn Fertilizer as a Source of Phosphorus in Lakes and Streams

Another environmental community priority is proposed legislation to restrict the sale of high-content fertilizers for lawn and turf uses (agricultural fertilizers are excluded). Phosphorus in high levels is a source of nutrients leading to impairment of many Washington lakes and streams, and lawn fertilizers are a major source in many watersheds. Retailers, lawn service companies and golf course operators are likely to oppose the legislation. Legislation restricting application of such fertilizers for lawns passed the Senate in the 2010 session.

Electricity from Coal-fired Generation

An environmental community priority is legislation to require closure by 2015 of the coal-fired electric generating units at TransAlta's Centralia facility. Other proposals may emerge to provide incentives for TransAlta to plan a phased transition to generation from cleaner fuels.

UTC Approval of Electric Utility Investments in Renewable Energy and Energy Efficiency

The Utilities and Transportation Commission in response to a legislative request made two major inquiries into existing policies regarding electric utility recovery in their rates for investments in renewable energy and energy efficiency. Legislation may be proposed to codify standards analyzed in these studies in order to provide stronger guidance to the Commission to encourage cost-effective investments by the utilities the Commission regulates.

Renewable Energy Investment Incentives

Several revisions may be proposed to the community solar and other elements of the renewable energy investment incentives program. The revisions are intended to make the program more flexible and to enhance project sponsors access to third party financing.

Combined Heat and Power/District Heating

Combined heat and power (CHP) systems are more energy efficient because they put waste heat to work to produce electricity. District heating systems in urban settings also provide energy efficiency benefits and opportunities for electricity production. CHP and district heating also helps to reduce greenhouse gas emissions. Legislation may be proposed to recognize the benefits of CHP and district heating, provide incentives for such projects, and lower barriers to siting and permitting such projects.

Clean Energy Leadership Initiatives

In addition to the energy topics listed above, there may be legislative initiatives emerging from the revision of the State's Energy Strategy as well as from the Clean Energy Leadership Council (CELC), both required by actions in the 2010 Legislature. Following reorganization of the Department of Commerce, the agency has been directed to place a high priority upon promoting affordable and diversified energy in the state, and the Energy Strategy as well as the CELC will be the principal platforms for pursuing this objective. The CELC has identified several energy sectors in which the potential for developing new businesses and associated jobs is high in this state, including smart grid, bioenergy, energy efficiency in buildings, and integration of renewable energy into the transmission system. The Governor's proposed biennial capital budget includes $5.5 million for implementing the CELC recommendations.

Carpet Recycling

Legislation will be proposed that requires end-of-life carpet product "stewardship" by manufacturers. Similar to the product stewardship framework authorized by the Legislature for electronic waste and mercury-containing lights, the legislation requires carpet manufacturers to design, fund and implement programs for diversion of used carpet from landfill disposal.

State Environmental Policy Act (SEPA)

Local governments and business may propose amending SEPA to provide exemptions from SEPA analysis for projects and proposals that have previously undergone environmental analysis of a scope commensurate with SEPA analysis. The objective is to reduce duplicative environmental studies and procedures while maintaining environmental standards and opportunities for public notice and participation. The proposal(s) will likely be focused on local government land use approvals to which SEPA applies.