Washington Business Fall 2016 | Legislative Review | Page 23

issue area reports | environment

established baseline. ESB 6166 received
bipartisan support as it passed in both the
Senate and House. Unfortunately, Gov. Jay
Inslee vetoed the bill, stating that it harmed
the investments already made by others.
No investors of other renewable projects
testified in opposition, or with concern, in
the three public hearings held on this bill.

SB 6173

prohibiting rules and
policies that limit
greenhouse gas emissions
Failed/AWB Supported

Rep. Matt Shea, R-Spokane Valley, and Rep. Joe Fitzgibbon, D-Kirkland.

certain coal-fired facilities, while potentially
creating a pathway to eliminate other uses
of coal in the future. That legislation focused
on a wide array of issues from environmental
mitigation, securitization, and ratepayer
protections, among other things. This
year, the Legislature adopted Engrossed
Substitute Senate Bill 6248, sponsored by
Sen. Doug Ericksen, R-Ferndale, which
narrowed the focus to help promote the
retirement of coal-fired facilities. ESSB
6248 will allow for the Washington Utilities
and Transportation Commission to grant a
utility the ability to use regulatory liability
funds for the purpose of decommissioning
and remediation related to the retirement of
certain coal facilities.
As we’ve previously noted, the diversity
of Washington’s energy portfolio and a
desire to transition to alternative renewable
energy sources can be complex. In order
to accomplish this, the state must provide
regulatory certainty to facilitate the desired
change. Ultimately, the narrowed down
approach was signed by the governor, albeit
with a minor veto dealing with a provision

Bill considered as part of
AWB’s voting record

related to the timeline funds can be used for
the closure of a facility.

ESB 6166

qualifying
renewable energy

Passed — Veto by Gov./AWB Neutral
Since the voters approved the Energy
Independence Act (I-937) in 2006, there
have been many legislative attempts, many
supported by the business community, to
expand the list of qualifying renewable
energy sources or credits. Engrossed
Senate Bill 6166 sponsored by Sen. Dean
Takko, D-Longview, was the latest example
of well thought out legislation to provide
a common-sense approach for amending
the eligible renewable requirements.
ESB 6166 simply would have allowed for
the incremental increase of electricity
produced from an already qualified
renewable resource, like biomass, to also
count as renewable. The increase would
need to result from a capital investment,
and be able to show it is an increase of the

Favorable outcome for
Washington businesses

Senate Bill 6173, sponsored by Sen. Doug
Ericksen, R-Ferndale, sought to address
the governor’s attempt to sidestep the
Legislature by reaffirming the lack of
authority the Department of Ecology
has to adopt a rule to limit greenhouse
gas emissions in Washington. The bill, as
proposed, would have simply required the
Department of Ecology to submit any rule
that limits or seeks to control emissions to
the Legislature for approval. The legislation
did not pass, but reaffirmed the requirements
of the state’s Administrative Procedure Act.

toxics
ESHB 2545

concerning flame
retardants
Passed/AWB Supported

Engrossed Substitute House Bill 2545,
sponsored by Rep. Kevin Van De Wege,
D-Sequim, also known as the Toxic-Free
Kids and Families Act, finally passed this
year after common ground was reached on
how to address flame retardants in children’s
products. The goal of the legislation, which
AWB has worked on since 2012, is to ensure
proper reporting and monitoring of flame
retardants and other chemicals in products
sold in Washington. Employers already do a
good job of meeting the current strict state
reporting requirements. Unfortunately,
the four-year debate centered around

Missed Opportunities

special edition 2016

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