Posted On: June 24, 2008 by Tonkon Torp LLP

Washington Legislature Considering Two Very Different Strategies to Reduce Greenhouse Gas Emissions

Two bills are under consideration by the Washington state legislature to achieve aggressive emission reduction targets set in 2007. The first, HB 2815, would convert the goals passed in 2007 to concrete targets, then direct the statewide Department of Ecology to design a cap-and-trade system, a monitoring and reporting system, and a comprehensive emissions inventory for point-source emitters. These efforts would be coordinated with the Western Climate Initiative, of which Washington is a member. The program should be designed for implementation by 2012.

While HB 2815 appears to have broad support, another bill, HB 2797, is more controversial. This bill would focus on land use and transportation planning as a method for reducing emissions, rather than targeting point-source emissions as HB 2815 does. Specifically, HB 2797 would add a climate change goal to the state's Growth Management Act, require cities and counties to adapt their comprehensive plans and zoning ordinances to further that goal, and take other actions that require consideration of climate change issues by local governments when making land use decisions.

It is too early to tell how either bill will emerge, if at all, from the legislature for the Governor's signature. However, given the large role that transportation and land development play in greenhouse gas emissions, it seems likely that a point-source emissions law will not be enough to meet Washington's aggressive targets. Thus, some variation of HB 2797 will eventually be needed, even if it does not become law in 2008.

Posted by David J. Petersen, partner practicing in the Sustainability and Real Estate & Land Use Practice Groups.