In an April 27 story about the
possibility of a special legislative session, I included discussion
by state Sen. Phil Rockefeller, D-Bainbridge Island, who was the
one legislator who had something specific he hoped would be part of
the session:
One locally authored bill that could be heard again is
Bainbridge Island Democratic Sen. Phil Rockefeller’s bill, Senate
Bill 5735, dealing with greenhouse gases. That bill was scheduled
for a floor vote Sunday night, but budget-related bills took
precedence. “The clock just ran out,” Rockefeller said.
Since it is a bill the governor wanted, however, there is a good
chance it will be one of the few to be considered again.
Rockefeller said he spoke with Senate Majority Leader Lisa Brown
about the measure.
“I’ve made my wishes known,” he said. “I believe that bill is
important and important to the citizens of our state. We did have
the votes for it so I’d like to see it have its day.”
Well, as you know, there was no special session, but Rockefeller
got what he wanted anyway when Gov. Chris Gregoire signed
an executive order on climate
change.
In fact, there’s more in the executive order than there was in
the bill that didn’t get a vote. State Rep. Larry Seaquist, D-Gig
Harbor, sent an e-mail saying these were the items in the order
that were not in the bill:
- Developing emission benchmarks by industry sector
- A low-carbon fuel standard
- Working with cities and counties on adapting to sea-level rise
resulting from climate change
- Working with public agencies on changes in water resources
likely to result from climate change
- Working with public and private entities on potential changes
to the vehicle-miles-travelled benchmarks.
By request, here is a copy (Download PDF) of the
executive order. I don’t know if we made it available elsewhere,
but in case we didn’t I thought I’d provide it.
UPDATED: I’ve been getting e-mails from the
Washington Policy Center for months and the first two times I’m
referencing the organization are yesterday and today. Moments after
I posted this entry, I received an e-mail from WPC for
a blog entry calling into question
whether the governor’s executive has any force in law. From the
blog:
In 1991 the Attorney General’s office issued an opinion,
AGO 1991 No. 12, regarding the use of Executive Order that, in
part, concluded:
“The legislative authority of the
State of Washington is vested in the Legislature. In absence
of a statute or constitutional provision that serves as a source of
authority authorizing the Governor to act, the Governor cannot
create obligations, responsibilities, conditions or processes
having the force and effect of law by the issuance of an executive
order.”
In light of the AGO from 1991, perhaps the Legislature,
which chose not to implement similar policies during the
past legislative session, will want to ask the current Attorney
General to review Executive Order 09-05 to ensure that the Governor
has not exceeded her legal authority.
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