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2021 House Bill 1091: Reducing greenhouse gas emissions by reducing the carbon intensity of transportation fuel
Introduced by Rep. Joe Fitzgibbon (West Seattle) (D) on January 11, 2021
Referred to the House Environment & Energy Committee on January 11, 2021
Substitute offered in the House on January 21, 2021
Directs the Department of Ecology (Ecology) to adopt rules establishing a Clean Fuels Program (CFP) to limit the aggregate, overall greenhouse gas (GHG) emissions per unit of transportation fuel energy to 10 percent below 2017 levels by 2028 and 20 percent below 2017 levels by 2035.
Referred to the House Appropriations Committee on January 26, 2021
Substitute offered in the House on February 9, 2021
Clarifies that the Clean Fuels Program's standards must reduce overall, aggregate carbon intensity, rather than the carbon intensity achieved by any individual type of transportation fuel; eliminates the exemption for electricity from carbon intensity reduction requirements; requires the Department of Ecology's (Ecology) Clean Fuels Program rules to include a mechanism for certifying electricity that has a carbon intensity of zero and to allow the assignment of credits to electric utilities for electricity used, at minimum, for residential electric vehicle charging or fueling.
Referred to the House Transportation Committee on February 11, 2021
Substitute offered in the House on February 19, 2021
Adds a requirement that the Department of Ecology improve its internal processes to expedite the processing of environmental reviews under the State Environmental Policy Act and for permit application for projects related to the production of low-carbon transportation fuels.
Amendment offered by Rep. Peter Abbarno (Centralia City) (R) on February 27, 2021
Requires the Office of Financial Management to contract, in consultation with the office of equity, for an independent economic analysis of the Clean Fuels Program's economic impacts through 2050.
The amendment failed by voice vote in the House on February 27, 2021
Amendment offered by Rep. Peter Abbarno (Centralia City) (R) on February 27, 2021
Requires the Department of Ecology, in annual reports or other public documents or communications that refer to assumed public health benefits from the Clean Fuels Program (CFP), to distinguish between pollutant reductions from the CFP and those reductions primarily attributable to vehicle emission standards.
The amendment passed by voice vote in the House on February 27, 2021
Amendment offered by Rep. Andrew Barkis (Pierce) (R) on February 27, 2021
Restores provisions in existing law that address the 8 allocation of transportation funds to the Connecting Washington Account from other transportation accounts in the event of the establishment of a low carbon fuel standard or similar programs.
The amendment failed by voice vote in the House on February 27, 2021
Amendment offered by Rep. Matt Boehnke (Benton) (R) on February 27, 2021
Authorizes the Department of Ecology to adopt Clean Fuels Program (CFP) rules that allow for the generation of credits for infrastructure investments in broadband access that facilitate remote work and therefore reduce transportation emissions consistent with the 2021 State Energy Strategy. Requires Ecology to establish a metric for CFP credit allocation per foot of installed broadband infrastructure that varies by type of broadband technology.
The amendment passed by voice vote in the House on February 27, 2021
Amendment offered by Rep. Matt Boehnke (Benton) (R) on February 27, 2021
Requires the Department of Ecology to submit a report to the Legislature by January 1, 2023, that analyzes the impact to labor union members in Washington from the implementation of the Clean Fuels Program, in comparison to impacts from establishment of an additional 10 cent per gallon motor vehicle fuel tax.
The amendment failed by voice vote in the House on February 27, 2021
Amendment offered by Rep. Mike Chapman (Port Angeles) (D) on February 27, 2021
Eliminates the directive to the Department of Ecology to improve and expedite State Environmental Policy Act (SEPA) reviews and permit applications for projects that would produce or support the production of low carbon transportation fuels.
The amendment passed by voice vote in the House on February 27, 2021
Amendment offered by Rep. Mary Dye (Adams) (R) on February 27, 2021
Excludes diesel from the transportation fuels subject to the Clean Fuels Program's carbon intensity reduction requirements. Limits the carbon intensity standard adopted by the Department of Ecology to a standard based on gasoline and gasoline substitutes.
The amendment failed by voice vote in the House on February 27, 2021
Amendment offered by Rep. Mary Dye (Adams) (R) on February 27, 2021
Requires the Department of Ecology's Clean Fuels Program rules to allow for the establishment of compliance obligations that create the least costs feasible to regulated entities while achieving emissions reduction targets. Requires the rules to establish broadly available credit-generating activities without limitations on the number of credits that may be earned by program participants or under specific activity categories.
The amendment failed by voice vote in the House on February 27, 2021
Amendment offered by Rep. Joe Fitzgibbon (West Seattle) (D) on February 27, 2021
(1) Eliminates definitions for "Green Hydrogen," "Renewable Hydrogen," and "Renewable Resources," and changes references to green hydrogen or renewable hydrogen to instead reference hydrogen. (2) Allows the generation of Clean Fuels Program credits by transportation fuels with associated greenhouse gas emissions exceeding 80 percent of baseline 2017 carbon intensity levels, but below the applicable standard adopted by the Department of Ecology. (3) Allows electric vehicle manufacturers to be eligible to generate clean fuels program credits. (4) Allows electricity to be certified with a carbon intensity of zero if a renewable energy credit or other environmental attribute has been used or retired for the electricity, but without requiring the retirement or use of the renewable energy credit or attribute be used or retired only for purposes of the Clean Fuels Program.
The amendment passed by voice vote in the House on February 27, 2021
Amendment offered by Rep. Keith Goehner (Chelan) (R) on February 27, 2021
Requires the Department of Ecology to determine by March 31, 2029, if Clean Fuels Program credits issued prior to 2029 were sufficient to satisfy the requirement to reduce the carbon intensity of transportation fuel by 10 percent below 2017 levels. If the department determines that the carbon intensity of transportation fuels has not been reduced by at least fifty percent of the 2028 target, the Department must issue a press release, notify the governor and appropriate committees of the Legislature, and the Clean Fuels Program becomes scheduled for sunset review and termination.
The amendment failed by voice vote in the House on February 27, 2021
Amendment offered by Rep. Mark Klicker (Walla Walla) (R) on February 27, 2021
Authorizes Clean Fuels Program rules to allow nonprofit and public entities to earn credits from the fueling of battery or fuel cell electric vehicles.
The amendment passed by voice vote in the House on February 27, 2021
Amendment offered by Rep. Mark Klicker (Walla Walla) (R) on February 27, 2021
Requires the Department of Ecology's Clean Fuels Program rules to allow the generation of credits from the transportation of agricultural products by barge in Washington.
The amendment failed by voice vote in the House on February 27, 2021
Amendment offered by Rep. Jacquelin Maycumber (Ferry) (R) on February 27, 2021
Prohibits the use of fuels to generate credits under the Clean Fuels Program unless the fuel was extracted or produced in a country certified by the Department of Labor and Industries to have laws that provide ten categories of labor rights. Requires the Department of Labor and Industries to publish a list of eligible countries by December 1, 2021, and to update that list annually for use in the Clean Fuels Program during the following program year.
The amendment failed by voice vote in the House on February 27, 2021
Amendment offered by Rep. Jacquelin Maycumber (Ferry) (R) on February 27, 2021
Requires the Department of Ecology to consider emissions 8 from land-clearing fires that increase available land for biofuel and crop production as part of the life cycle greenhouse gas emission measurement for each transportation fuel.
The amendment failed by voice vote in the House on February 27, 2021
Amendment offered by Rep. Dave Paul (Oak Harbor) (D) on February 27, 2021
Requires the cost containment mechanisms in the Clean Fuels Program (CFP) rules adopted by the Department of Ecology (Ecology) be harmonized with the cost containment mechanism of other states with similar clean fuels program requirements and which supply to or receive from Washington significant quantities of transportation fuel.
The amendment passed by voice vote in the House on February 27, 2021
Amendment offered by Rep. Eric Robertson (Sumner) (R) on February 27, 2021
Delays the start date of the Clean Fuels program until the adjournment of the regular legislative session following the submission of a report to the Legislature by the Washington State Institute for Public Policy on the cost-effectiveness and tax revenue effects of the adopted rule.
The amendment failed by voice vote in the House on February 27, 2021
Amendment offered by Rep. Drew Stokesbary (Auburn) (R) on February 27, 2021
Requires a tax preference performance statement for the business and occupation tax exemption for the generation, purchase, sale, transfer, and retirement of Clean Fuels Program credits. Establishes specific public policy purposes by which the effects of the tax preference will be measured. Directs the Joint Legislative Audit and Review Committee to consider specified impacts of the tax preference on clean energy businesses. Requires the Department of Revenue to include the Business and Occupation Tax exemption in its quadrennial tax exemption report.
The amendment failed by voice vote in the House on February 27, 2021
Amendment offered by Rep. Drew Stokesbary (Auburn) (R) on February 27, 2021
Requires the 2022 independent analysis of the Clean Fuels Program on motor vehicle fuel prices to also examine the anticipated cost impacts of fuel price changes to persons earning less than the state median income. Requires the Department of Ecology to determine the amount per recipient, and overall cost to the state, of a rebate program to offset fuel cost increases for persons that earn less than the state median income.
The amendment failed by voice vote in the House on February 27, 2021
• Directs the Department of Ecology (Ecology) to adopt rules establishing a Clean Fuels Program (CFP) to limit the aggregate, overall greenhouse gas (GHG) emissions per unit of transportation fuel energy to 10 percent below 2017 levels by 2028 and 20 percent below 2017 levels by 2035. • Directs Ecology to update, prior to 2032, CFP rules to further reduce GHG emissions from each unit of transportation fuel for each year through 2050, consistent with statutory state emission reduction limits.
Received in the Senate on March 2, 2021
Referred to the Senate Environment, Energy & Technology Committee on March 2, 2021
Referred to the Senate Ways & Means Committee on March 17, 2021
Referred to the Senate Rules Committee on April 2, 2021
Amendment offered by Sen. Doug Ericksen (Ferndale) (R) on April 8, 2021
Prohibits the distribution of any electric utility revenues generated from credits earned under the clean fuels program based on race, sex, color, ethnicity, or national origin.
The amendment failed by voice vote in the Senate on April 8, 2021
Amendment offered by Sen. Doug Ericksen (Ferndale) (R) on April 8, 2021
Prohibits the clean fuels program from going into effect unless it can be determined that the clean fuels program combined with all other Washington state greenhouse gas emissions reduction policies will cause an average annual reduction of global greenhouse gas emissions totaling at least 0.2 percent.
The amendment failed by voice vote in the Senate on April 8, 2021
Amendment offered by Sen. Doug Ericksen (Ferndale) (R) on April 8, 2021
Prohibits the clean fuels program from going into effect until China reduces its carbon footprint 20 percent below 2020 levels.
The amendment failed by voice vote in the Senate on April 8, 2021
Amendment offered by Sen. Phil Fortunato (Auburn) (R) on April 8, 2021
Removes the provision that requires the department of ecology to neutrally consider the life-cycle emissions associated with transportation fuels with respect to the political jurisdiction in which the fuels originated and to not discriminate against fuels on the basis of having originated in another state or jurisdiction.
The amendment failed by voice vote in the Senate on April 8, 2021
Amendment offered by Sen. Phil Fortunato (Auburn) (R) on April 8, 2021
Adds that if the required report produced by an independent consultant under contract with the department of Ecology (Ecology) shows that the best estimate or range in probable costs attributable to the clean fuels program per gallon of gasoline or per gallon of diesel exceeds 5 cents, Ecology must adopt an emergency rule to suspend the program.
The amendment failed by voice vote in the Senate on April 8, 2021
Amendment offered by Sen. Mark Mullet (Issaquah) (D) on April 8, 2021
Directs that beginning January 1, 2028, the department must not increase the applicable clean fuels program standard until the department can demonstrate that at least one new biofuels production facility producing in excess of sixty million gallons of biofuels per year has received all necessary siting, operating, and environmental permits post all applicable appeals. Provides that the rules for the clean fuels program must allow the generation of credits from state transportation investments funded in an omnibus transportation appropriations act for activities and projects that reduce greenhouse gas emissions and decarbonize the transportation sector. Allows the department of ecology to establish limits for the number of credits that may be earned each year from state transportation investments funded in an omnibus transportation appropriation act.
The amendment passed by voice vote in the Senate on April 8, 2021
Amendment offered by Sen. Ann Rivers (Vancouver) (R) on April 8, 2021
Removes the requirement that a separate additive transportation funding act generating more than $500 million per biennium in revenue must be passed before the department of ecology may assign compliance obligations or allow for actual credit generation under the clean fuels program.
The amendment failed by voice vote in the Senate on April 8, 2021
Amendment offered by Sen. Ann Rivers (Vancouver) (R) on April 8, 2021
Adds planting carbon-sequestering vegetation on department of transportation property to the list of activities and projects jointly determined by the department of ecology and the Washington state department of transportation.
The amendment failed by voice vote in the Senate on April 8, 2021
Amendment offered by Sen. Shelly Short (Addy) (R) on April 8, 2021
Requires all rule making for the clean fuels program to be conducted according to the standards for significant legislative rules under the Administrative Procedure Act.
The amendment passed by voice vote in the Senate on April 8, 2021
Amendment offered by Sen. Kevin Van De Wege (Sequim) (D) on April 8, 2021
(1) Requires the Washington State University (WSU) Energy program, in coordination with specified state agencies, to initiate a program to identify least conflict priority sites for clean energy projects with the potential to produce significant volumes of low carbon transportation fuel. (2) Provides that SEPA and environmental permit processes apply to project proposals in areas identified through the WSU energy program site identification process. (3) Requires the WSU energy program to update its identification of priority areas every six years. (4) Requires the Department of Ecology to periodically convene stakeholders, specified agencies, and Indian tribes to identify and discuss mitigation of significant likely environmental impacts associated with clean energy projects with the potential to produce significant volumes of transportation fuel with a low carbon intensity, or that support the production of such transportation fuel, in Washington state.
The amendment passed by voice vote in the Senate on April 8, 2021
Amendment offered by Sen. Kevin Van De Wege (Sequim) (D) on April 8, 2021
Directs that beginning January 1, 2026, the department must not increase the applicable clean fuels program standard until the department can demonstrate that the following have occurred: (a) At least a 25 percent net increase in the volume of in- state liquid biofuel production and the use of agricultural feedstocks grown within the state relative to the start of the program; and (b) at least one new biofuels production facility producing in excess of sixty million gallons of biofuels per year has received all necessary siting, operating, and environmental permits post all applicable appeals.
The amendment passed by voice vote in the Senate on April 8, 2021
Amendment offered by Sen. Jeff Wilson (Longview) (R) on April 8, 2021
States that if the state establishes a goal that all passenger and light duty vehicles of model year 2030 or later sold, purchased, or registered in Washington must be electric vehicles, the Legislature intends for the clean fuels program to terminate.
The amendment failed by voice vote in the Senate on April 8, 2021
• Directs the Department of Ecology (Ecology) to adopt rules establishing a Clean Fuels Program (CFP) to limit the aggregate, overall greenhouse gas (GHG) emissions per unit of transportation fuel energy to 20 percent below 2017 levels by 2035. • Excludes exported fuel, fuel used by vessels, railroad locomotives, and aircraft, and certain other categories of transportation fuel from the CFP's GHG emission intensity reduction requirements. • Requires the CFP to include processes for registering, reporting, and tracking compliance obligations and to establish bankable, tradeable credits used to satisfy compliance obligations. • Retains the current distribution of revenue under the 2015 Transportation Revenue Package, eliminating changes that would have been triggered as a result of the establishment of a CFP. • Requires the passage of a separate additive transportation funding act generating more than $500 million per biennium in revenue before Ecology may assign compliance obligations or allow for actual credit generation in order to coordinate and synchronize the CFP with other transportation-related investments.
Received in the House on April 25, 2021
Received in the Senate on April 25, 2021
Signed with partial veto by Gov. Jay Inslee on May 17, 2021