Inslee Signs Climate Suite, But Vetoes Transportation Bargain

OLYMPIA, WA — The governor's office is celebrating the passage of a suite of climate change legislation, but some lawmakers are less than happy about Gov. Jay Inslee's decision to partially veto portions of that legislation which had linked it to a transportation funding package.

Monday, Inslee took a three-stop visit to King County. While he was there, the governor signed into law five climate-related bills, but partially vetoed portions of two: HB 1091, which sets cleaner fuel standards for vehicles in Washington, and SB 5126, which creates a carbon-cap on emissions, were altered to remove language that would've required a statewide transportation funding package.

That decision has irked lawmakers on both sides of the aisle, who say that linking the bills to transportation funding was part of a "grand bargain" that was necessary to get the bills passed in the first place.

In a statement obtained by the Washington State Wire, Speaker Laurie Jinkins accused the governor's partial vetoes of executive overreach:

"Washington Courts have consistently held that as a co-equal branch of government, the legislature is responsible for drafting laws and the executive branch is responsible for implementing them. The Constitution provides the governor only limited powers to veto legislation. The governor’s partial veto today of E3SHB 1091, the clean fuel standard bill, reaches beyond his constitutional powers and we will ask the Washington courts to again rule on the balance of legislative and executive branch powers.”

Last year a Thurston County Superior Court judge invalidated a similar pair of vetoes Inslee made, finding they fell outside his powers, the Seattle Times reports. That case is headed to the Washington Supreme Court next month. What happens there will likely set a precedent for these latest vetoes as well.

Despite the pushback, the governor's office has defended Inslee's decision, saying he was not party to the grand bargain and did not consider the transportation funding and climate legislation inexorably linked.

SB 5126, the Climate Commitment Act, creates a cap on carbon emissions and reinvests fees levied on major polluters in clean energy and infrastructure.

"With the Climate Commitment Act, Washington will translate the global aspirations outlined in the Paris Accords into reality," said sponsor Sen. Reuven Carlyle in a statement. "After years of groundwork, this legislation represents a comprehensive, economy-wide path forward to combat the climate crisis with the principles of environmental justice, equity, and economic growth embedded at its core."

HB 1091 requires greenhouse gas emissions from cars, ferries, boats and other transportation to be cut 20 percent below 2017's level by the year 2038. It was signed alongside HB 1050, which requires businesses to cut greenhouse gas emissions from fluorinated gases — one of the fastest growing sources of greenhouse gas emissions in the state, the governor's office said.

The remaining climate bill passed with much less drama. They include SB 5022, which limits single-use plastics and bolsters recycling efforts by:

• Raising the minimum amount of recycled content used in products like trash bags.
• Bans the sale of Styrofoam.
• Requires restaurants to give customers single-use plastic cups only if the customer specifically requests them.

"I’m proud to serve a state that has been a national leader in the work to protect our planet with innovative solutions — solutions that build a healthier economy and healthier communities," said Sen. Mona Das, the bill's primary sponsor. "I’m thrilled that, with Gov. Inslee’s signature today, SB 5022’s promotion of recycling and reduction of waste is one of those crucial solutions. It is an honor to be partners in this work to serve our neighbors and protect our earth."

The last remaining legislation signed by Inslee Monday is the HEAL Act, SB 5141, which directs state agencies to prioritize issues of environmental justice, making sure the negative impacts of climate change don't disproportionately impact lower-income residents or minority communities.

“Every Washingtonian deserves to live in a healthy environment, regardless of their zip code or socioeconomic status,” Inslee said. “We’ve studied the issue long enough. Now is the time to get to work and create a more just, healthy and equitable future for all Washingtonians.”