HB2829

HB2829 – Declaring a climate emergency and authorizing possible actions by the Governor.
Prime Sponsor – Representative Kirby (D; 29th District; Tacoma) (Co-sponsors Tarleton, Riccelli, Pollet, and Macri)
Current status – Had a hearing in the House Committee on Environment and Energy February 6th. Failed to make it out of committee by 2020 cutoff; dead bill.
Next step would be –
Legislative tracking page for the bill.

Summary –
The bill declares a climate emergency and authorizes the Governor to declare an energy emergency, modifying the current legislation for energy emergencies (in RCW 43.21G.040), which is intended to deal with a short term energy supply crisis.

An energy emergency would authorize the Governor to suspend or modify any agency’s rules about its energy consumption, or about the production of energy, and to order any state agency or local government to implement programs about its consumption of energy which have been developed by the governor or the agency – “for the purposes of limiting greenhouse gas emissions and building resiliency to the effects of climate change.” The Governor would also be authorized to issue orders to:
(a) implement programs, controls, standards, and priorities for the production, allocation, and consumption of energy;
(b) suspend and modify any standards or regulations affecting or affected by the use of energy, including air and water pollution rules, and:
(c) establish and implement programs and agreements to coordinate the State’s energy programs and actions with the Federal government’s, other states’, and other localities’.

The bill would exempt these powers from some of the time limits in the current law, but it seems to leave the limits of RCW 43.21G.040(1)(b) in place; those say an energy emergency is limited to 30 days unless the Legislature is in session or the Governor calls it into session within 30 days. It isn’t clear how this provision meshes with the bill’s provision that the Governor would have to announce the intention to declare an emergency by December 1st, specifying the steps he or she intended to take, and would not be able to proceed until after the conclusion of the next Legislative session, to give the Legislature an opportunity to add to, limit, or otherwise amend the proposals.`(I think that means there’s no time limit on the emergency powers unless the Legislature imposes a new one during that session.)

The Governor would have to have any plans for steps affecting the production, allocation, and consumption of energy, or for modifications to the laws in place, reviewed by the joint committee on energy supply and energy conservation. (That’s made up of four senators and four representatives, paired from each party.) However, the governor merely has to “review” any recommendations they may make.