Climate Change & GMA Bill Revived

Never say die while the legislature still meets. Thursday, the House Local Government Committee voted against ESSB 6580 dealing with climate change and the Growth Management Act.

Alas, all is not lost for poor old ESSB 6580. It has been given new life. After some behind the scenes work an agreement was reached. The bill was amended and passed out to the House Appropriations Committee. Representative Deb Eddy (D-48, Kirkland) brokered the compromise agreement.

Also, after working the committee leadership an architect was added to the study committee.

Here is a quick summary:

Section 2: Requires CTED to develop advisory climate change response methodologies, computer programs and estimates to be made available to local governments

Section 3: Pilot project for up to 3 counties and 6 cities that are addressing climate change through land use and transportation planning.

Section 4: Requires CTED to prepare report on the actions of cities and counties to address climate change issues, recommendations for changes to planning statutes, descriptions of computer modeling on greenhouse gas emissions, assessment of state/local resources to implement recommendations on climate change mitigation and additional funding for such purposes. This section also establishes an advisory policy committee to assist the department with the tasks of the bill. Among the non-voting ex-officio members is “one member representing an association of architects.”

Section 5: This section gives safe harbor from lawsuits to those counties and cities participating in the pilot program created in Section 3.

One concern left with the bill is that while it provides protections for cities and counties in the pilot study, the lawsuit immunities were not extended to the climate change response methodologies and modeling. The study and pilot projects should encourage innovation in the development of performance standards and not in developing rote requirements that stifle innovation. The threat of lawsuits over climate change planning under the GMA will hamper creative solutions and only serve to prolong the planning process. Providing a safe harbor for cities and counties trying to mitigate climate change is a wise policy and will benefit the environment more than unproductive, lengthy and costly litigation.

AIA/WA will continue to work to perfect the bill as it moves forward.

GMA Bill on Climate Change Stalls in the House

Substitute SB 6580, regarding climate change impacts on the Growth Management Act processes, failed to pass the House Local Government Committee. The bill was subject to a great amount of debate and several amendments in committee. Representative Geoff Simpson (D-47, Covington) offered a striking amendment that tweaked the latest version of the bill. Republican amendments and one Democrat amendment were either ruled out of order or defeated. In the end the bill fell several votes short of getting out of committee. All of the Republicans and two Democrats voted against the bill.

Representative Deb Eddy (D-48, Kirkland) offered an amendment that would have removed the pilot projects and CTED rulemaking provisions and left the study provisions intact. The amendment was ruled as outside the scope and object of the bill by the Chair and thus was not allowed to be brought up for a vote.

Today’s move functionally kills the bill. Although, bill can be resurrected by being referenced in a budget document. However, the provisions of the bill could be added to the budget as proviso language directing the Department of Community Trade & Economic Development (CTED) to implement the study, initiate the pilot projects and conduct the rulemaking. While a budget proviso would only be in effect until the end of this biennium (July 1, 2009) it would be more than enough time for the study to be completed and give a head start to the other provisions. It would basically get the program started and the proponents would have to finish the work in the 2009 legislative session.

Housing Liability Expansion Heard in House Committee

The House Judiciary Committee today held a hearing on HB 1935, sponsored by Representative Brendan Williams (D-22, Olympia), to expand liability on housing projects. At the hearing, Representative Williams presented a proposed substitute that would be an exact copy of SB 5550, which was introduced by Senator Brian Weinstein (D-41, Bellevue). SB 5550 is pending further action in the Senate Rules Committee (see the summary posted previously). AIA/WA’s contract lobbyist Cliff Webster testified against the bill. AIA/WA supports the study committee portion of the bill. However, AIA/WA opposes the substantive provisions in the bill, because they presuppose the policy outcome that the study is designed to ascertain. To listen the hearing, go to http://www.tvw.org/ and enter the bill number in the search engine.

Bill to Alter Vesting Laws Passes Senate Committee

Today, the Senate Government Operations and Elections Committee passed SB 5507 to dramatically alter the state’s vesting laws for building codes, zoning and growth management laws. This bill would shift the point in time for vesting projects under current laws from when a complete permit application is submitted to when the application is approved. The bill would basically eliminate vesting because if a law is changed before the start of “substantial construction” it allows changes in the laws to be applied retroactively and the permit to be divested or rescinded. For the Growth Management Act (GMA) it would apply all Growth Management Hearings Boards’ decisions to be applied retroactively and permits to be rescinded.