Washington state clean fuel standard bill passes House, heads to Senate

February 28, 2021 |

News came in late Friday from Washington state that the state House passed Bill1091 – a statewide clean fuel standard bill – and now is headed to the state Senate for voting. It passed the House with a vote of 52-46 and is the third year the House chamber has voted in support of the policy. The bill would adopt a rule establishing a Clean Fuels Program that would limit greenhouse gas emissions per unit of transportation fuel energy to 10 percent below 2017 levels by 2028 and 20 percent below 2017 levels by 2035.

In today’s Digest, the bill details, who voted for and against it, will it pass the state Senate, what it means for ethanol, biodiesel, other biofuels, and more.

What is in HB 1091?

First, let’s look at the bill, HB 1091 Clean Fuel Standard and what’s in it.

They key part of the bill is that it would limit greenhouse gas emissions per unit of transportation fuel energy to 10 percent below 2017 levels by 2028 and 20 percent below 2017 levels by 2035.

Interestingly, the bill excludes exported fuel, electricity, fuel used by vessels, railroad locomotives, and aircraft, and certain other categories of transportation fuel from the CFP’s GHG emission intensity reduction requirements.

It’s important to note it’s not just about biofuels, as the bill states it includes “transportation fuel with a low carbon intensity in sectors including, but not limited to, biofuels, agricultural and forest biomass, hydrogen produced via electrolysis of water, and renewable natural gas.”

The bill refers to California and Oregon’s low carbon fuel standards, saying “California and Oregon have both implemented low carbon fuel standards that are similar to the program created in this act; after enacting their programs, neither state has experienced disruptions to fuel markets or significant impacts to the costs of transportation fuels, and both states have experienced biofuel sector growth and have successfully sited large biofuel projects that had originally been planned for Washington. Washington state has extensively studied the potential impact of a clean fuels program, and most projections show that a low carbon fuel standard would decrease greenhouse gas and conventional air pollutant emissions, while positively impacting the state’s economy.”

Those who testified in support of the bill included Washington State Hospital Association, American Biogas Council; Alliance for Automotive Innovation, Puget Sound Partnership Leadership Council, International Brotherhood of Electric Workers, Port of Seattle and Northwest Seaport Alliance, and Neste and others.

Those who voiced opposition to the bill included Washington State Petroleum Association, Washington State Association of the United Association of Plumbers and Pipefitters, Association of General Contractors of Washington, Oak Harbor Freight Lines, Washington Trucking Associations and others.

You can read the bill in its entirety, amendments made, house videos, and more from the state government here.

Who voted for and against it?

The 52-46 votes were pretty closely drawn down the line based on political party with Democrats voting for the Clean Fuel Standard and Republicans voting against it, with the exception of a few outlier Democrats like Rule, Shemake, Springer, Sullivan, and Walen who sided with Republicans and voted against the bill.

You can see the roll call here.

Rep. Joe Fitzgibbon, who chairs the House Environment and Energy Committee released this statement:

Washington is one step closer to joining its west coast neighbors in establishing a clean fuel standard. House Bill 1091, sponsored by Rep. Joe Fitzgibbon (D-West Seattle) directs the Washington State Department of Ecology to adopt a rule establishing a Clean Fuels Program that would limit greenhouse gas emissions per unit of transportation fuel energy to 10 percent below 2017 levels by 2028 and 20 percent below 2017 levels by 2035. It passed the House today with a vote of 52-46.

“It is long past time for Washington to join our neighbors in Oregon, California, and British Columbia in reducing greenhouse gas emissions from the transportation sector,” said Fitzgibbon. “We owe it to future generations to protect the climate, improve our air quality, and create jobs in the biofuels industry. Washington can be a leader in clean fuel production, but we are falling behind our neighbors. This bill protects our climate, cleans our air, and grows clean energy jobs. This program is overdue, but it’s not too late for us to do our part.”

The transportation sector is responsible for roughly 45% of greenhouse gas emissions in Washington. Reducing greenhouse gas emissions will also help reduce the state’s contributions to climate change. The most recent National Climate Assessment, a federal report prepared by hundreds of scientists, details the disruptive impacts anticipated in the United States and the Pacific Northwest if greenhouse gas emissions are not curbed. The addition of fire season to the west coast calendar highlights the urgency of the moment.

This would create opportunities for Washington producers of clean transportation fuels – from biodiesel, to renewable natural gas, to the clean electricity produced by the state’s utilities. The policy itself is technology-neutral, not mandating use of any specific renewable fuel. Currently, Washingtonians spend $9 billion annually on gasoline and diesel while the vast majority of locally-produced clean fuels are shipped to states that already have a clean fuel standard. A clean fuel standard will create a market for clean fuels right here in Washington.

Prior to passing the full House, the bill advanced through the House Environment & Energy, Transportation, and Appropriations committees. It now goes to the Senate for consideration.

“I represent the most diverse district in the state. . .[and] my district has the worst air quality. . .between two highways and three airports,” stated State Representative Kirsten Harris-Talley (37th) during debate on the bill.  “The largest killer of our children is asthma, and no one dies from it more than Black children. . . Skyway, in my district, has the highest concentration of Black families. Their children suffer from asthma at higher rates than anywhere else.  This expands an opportunity for innovation, [it] opens up opportunities in the state, in rural areas outside of my urban area. . . What an amazing thing to be able to expand the green job opportunities in our state and also keep our neighbors safe. . . I am ecstatic to vote for this bill.”

“A company from Iowa built a facility in a corner of my district,” State Representative Mike Chapman (24th) said during the debate before passage. “They provide a great [biofuels] product, and then they put it on trucks and ship it to Oregon and California. By creating this policy in Washington State, I’m convinced they can expand their operations and create more jobs. This is the quintessential policy for what is good for the environment and good for jobs. Those workers will hear from me that I respect them and the work they do.  I’m voting for this because I want to tell them–I’ve got your back.”

“This will help us grow and build our economy. . . A [Low Carbon Fuel Standard] will create jobs and grow our economy with the development and distribution of biofuels, sustainable biofuels,” said State Representative Vandana Slatter (48th).

Representative Alex Ramel (40th) noted that 90% of the refining in Washington happens in his district and the district directly to the north. “Many of the thousands of people who operate those refineries, who maintain them, who do work to upgrade them, are my constituents,” he explained. “I’m voting yes today for those people and for those jobs… A proposed renewable diesel facility [in my district] would’ve created about 100 jobs [but] they moved to California because California has a market for clean fuels and Washington does not. So I’m voting yes today to create a market for clean fuels here.  To create an economy for good union jobs.”

According to Climate Solutions, “A majority of the House rejected multiple amendments to attempt to weaken the policy and even nullify it. They accepted a few bi-partisan amendments to clarify the bill details and to better harmonize Washington’s Clean Fuels Program with other states who already have it in place.”

And the timing couldn’t have been better as “The vote came the same week as a kickoff in the International District in Seattle to recognize restaurants who are part of the circular clean energy economy by having biofuels companies collect their used cooking oil to be blended into sustainable biodiesel. Thousands of Washington restaurants are part of the collection program.”

How will the Senate vote?

While we can’t predict the future with 100% uncertainty, all indicators so far show the voting will be very similar when the bill reaches the Senate, going down party lines with Dems for it and Reps against it. With 49 total state senators – 28 of them being Dems, 20 Republicans, and 1 Dem who caucuses with Republicans, unless there is a big departure on the Dems side, it should pass, but as we’ve learned, you never know for sure. And remember, this is the third time a clean fuels standard is trying to get passed in Washington state. Maybe third time’s a charm?

Washington state Senator Democrat Joe Nguyen tweeted that he is ready to fight for the Clean Fuel Standard bill saying “I see you @joefitzgibbon! Marathon of a debate for Clean Fuels in WA State. We’re ready to fight for it in the Senate! #WaLeg”

According to Climate Solutions, over two-thirds of Washington voters support a Clean Fuel Standard.

Bottom Line

In the end, a Clean Fuel Standard in Washington state, or any state for that matter, should only help the biofuels industry. By requiring transportation to meet greenhouse gas reductions and promoting greener fuels, then ethanol, biodiesel, advanced biofuels, etc. will benefit. Now we wait and see if Washington state will join California and Oregon with a Clean Fuels program.

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