File #: 2006-0242    Version: 1
Type: Ordinance Status: Passed
File created: 5/30/2006 In control: Committee of the Whole
On agenda: Final action: 7/24/2006
Enactment date: 8/2/2006 Enactment #: 15556
Title: AN ORDINANCE approving membership in the Chicago Climate Exchange; authorizing the executive to execute the appropriate documents to become a member of the Chicago Climate Exchange; and establishing and stating the purpose of a new fund entitled Climate Exchange Fund; amending Ordinance 12076, Section 9, as amended and K.C.C. 4.08.015, as amended, and adding a new section to K.C.C. chapter 4.08.
Sponsors: Larry Phillips, Dow Constantine, Bob Ferguson, Julia Patterson, Jane Hague, Pete von Reichbauer, Reagan Dunn, Kathy Lambert
Indexes: Air Pollution, Climate Change, Energy
Attachments: 1. 15556.pdf, 2. 2006-0242 FINAL SR COW - Chicago Climate Exchange2.doc, 3. 2006-0242 Fiscal Note.xls, 4. 2006-0242 Transmittal Letter.doc
Drafter
Clerk 05/31/2006
title
AN ORDINANCE approving membership in the Chicago Climate Exchange; authorizing the executive to execute the appropriate documents to become a member of the Chicago Climate Exchange; and establishing and stating the purpose of a new fund entitled Climate Exchange Fund; amending Ordinance 12076, Section 9, as amended and K.C.C. 4.08.015, as amended, and adding a new section to K.C.C. chapter 4.08.
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STATEMENT OF FACTS:
1.  There is a consensus among the world's leading scientists that global warming pollution by humans is one of the world's most significant problems today.
2.  King County recognized global warming and related energy pollution problems at an early stage, and over the past fifteen years has actively implemented policies to foster a clean fuel economy, which experts agree is a critical element to reducing global warming pollution caused by humans.
3.  In September 1988, the King County council proposed Ordinance 88-662 with the intent of creating an office of science and technology planning to address the issues of ozone depletion and global warming.
4.  In 2002 the King County executive signed Executive Order PHL 10-1(AEO), by which the executive created and led a countywide initiative to inventory and reduce global warming pollution caused by greenhouse gas emissions ("carbon" or "carbon equivalents").
5.  Council subsequently adopted Motion 11364 which approved participation in the Cities for Climate Protection Campaign and supported the executive's development of an action plan to reduce emissions of greenhouse gases and targeted air pollutants from King County operations.
6.  In furtherance of this legislative implementation, an Air Quality Steering Team was established to provide the organizational capacity for inventorying and reducing greenhouse gas emissions that cause global warming pollution.
7.  As a result of the Air Quality Steering Team's important work, the county has created one of the most comprehensive emissions inventories ("carbon inventory") of any local government in the United States and has empowered the county to fully understand its carbon liabilities and marketable carbon assets ("carbon credits").
8.  The preceding work to develop a best-practice carbon inventory has built critical organizational expertise and resources in the departments of King County for future emissions reduction planning and sale of carbon credits.
9.  The Rio Treaty, established on May 9, 1992, and entered into force in 1994, set a long-term objective of stabilizing greenhouse gas concentrations in the atmosphere at a level that woud prevent dangerous human-caused climate change, and represented an important first step toward creating a framework for emissions trading.
10.  In 2003 the Lieberman-McCain Climate Stewardship Act (United States Senate Bill 139) has proposed federal limits on carbon emissions and a system that allows for trading carbon credits (a "carbon market").
11.  In February 2005, the Kyoto Protocol to the United Nations Framework Convention on Climate Change entered into force, officially creating a market for the trading of emissions by over one hundred forty signatory countries and regional organizations, which represent sixty-two percent of global emissions.
12.  On June 22, 2005 the United States Senate stated in an amendment to its version of the Energy Policy Act of 2005, "It is the sense of the Senate that Congress should enact a comprehensive and effective national program of mandatory, market-based limits and incentives on emissions of greenhouse gases that slow, stop, and reverse the growth of such emissions at a rate and in a manner that—(1) will not significantly harm the United States economy; and (2) will encourage comparable action by other nations that are major trading partners and key contributors to global emissions."
13.  In May 2006, the United States House of Representatives Appropriations Committee accepted a nonbinding climate change amendment that endorsed a mandatory cap on greenhouse gas emissions as a measure to reduce global warming, as long as such a program would not harm the United States economy.
14.  Each year across the United States, state and local regulations on limiting carbon emissions and forming carbon credits are promulgated with growing frequency.
15.  King County continues to be committed to reducing global warming pollution in accordance with the United States Senate statements on global warming and the 2003 proposed Lieberman-McCain Climate Stewardship Act (United States Senate Bill 139); and these important legislative initiatives recognize that federal limits (a "cap") on carbon emissions will be essential for nationwide greenhouse gas reductions, and that a federal cap on carbon emissions also ensures the meaningfulness of carbon credits by fully internalizing the cost of carbon liability.
16.  Banks, insurance companies and financial institutions have increasingly begun to calculate the financial risks of carbon emissions under a range of possible future regulations, and many businesses also recognize the need for a federal cap on carbon emissions, in order to ensure uniformity of carbon market rules and to provide clear parameters for long-term business investments within the context of carbon markets.
17.  There is a growing consensus among leading scientists and economic experts that entrance into a carbon market represents an opportunity for expertise-building in the array of alternative fuels and technologies that will underpin a future clean energy, climate-friendly economy.
18.  King County's efforts in clean energy development and carbon management and budgeting practices have led to its development of the necessary carbon management and budgeting tools to participate successfully in a carbon exchange.
19.  The Chicago Climate Exchange ("CCX") is the most active carbon exchange in the United States.
20.  The CCX requires members to reduce carbon emissions and allows trading of carbon credits and additional carbon credit projects to achieve such reductions.
21.  The CCX manages the carbon exchange for the European Union's tradable carbon program that exists under their Kyoto Protocol agreement.
22.  King County's participation in the CCX can contribute to enhancing the CCX's carbon inventory requirements.
23.  King County's participation in the CCX can help expand the eligibility of credits that are beneficial to King County and many local governments.
24.  King County maintains a significant interest in writing rules for carbon market accounting in regard to landfill and transit operations and forest sequestration, and CCX offers the opportunity for King County to shape future rules on how to calculate emissions and credits from those operations.
25.  Participants in the CCX are gaining valuable experience in carbon inventories, limits and credits that will likely help shape expected federal laws and regulations.
26.  The International Council for Local Environmental Initiatives (ICLEI), a network of regional governments that sponsors the Cities for Climate Protection, in which King County is a member by order of the same council Motion 13364, has entered a formal partnership with CCX to facilitate membership of additional local governments.
27.  On June 13, 2005, the United States Conference of Mayors passed a unanimous resolution that recognized "the leadership of the cities that have joined the Chicago Climate Exchange andÂ… the valuable role that the Chicago Climate Exchange plays in helping cities to achieve greenhouse gas reductions" and resolved to "[encourage] U.S. mayors to strongly consider membership for their cities in the Chicago Climate Exchange."
28.  There is significant support for CCX from the private and public sectors as demonstrated by the membership of such leading organizations as Ford Motor Company, IBM, Motorola Incorporated, International Paper and American Electric Power, and such governments as the State of New Mexico, the cities of Chicago, Portland, Berkeley and Oakland.
29.  County membership in CCX will likely influence regional businesses and organizations to join as well, providing participants in our regional economy the opportunity through market transactions to support environmentally-friendly regional programs while at the same time mitigating their own carbon emissions liability.
30.  King County has performed an assessment of its carbon liability and potential carbon credits under the current and evolving CCX rules and this assessment indicates the county is optimally positioned to meet CCX mitigation targets.
31.  King County intends to meet its obligation fully in accordance with the rules and guidelines established by the CCX and other such emission-reducing organizations as the county may join, and King County recognizes that it may be required to purchase carbon credits or other emission credits under the rules and guidelines of such organizations.
      BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
      SECTION 1.  The King County council, determining that entrance into the Chicago Climate Exchange represents an optimal opportunity to reduce King County's carbon emissions and to develop effective and efficient rules for emission trading, approves membership into the Chicago Climate Exchange and authorizes the executive to execute the appropriate documents to become a member of the Chicago Climate Exchange for a period of time ending on December 31, 2010.  King County shall use its influence in the Chicago Climate Exchange as follows:
      A.  To reduce King County's carbon emissions.
      B.  To develop accounting methodology for emission trading that recognizes transit's role in reducing regional greenhouse gas emissions and credits regional entities for provision of public transit service, and to establish such a regional transit credit.
      C.  To develop accounting methodology for emission trading that recognizes the role of efficient landfill management in reducing regional greenhouse gas emissions and credits regional entities for maximally efficient capture of landfill methane emissions, and to establish such a landfill credit.
      D.  To develop accounting methodology for emission trading that recognizes the emissions reduction and carbon sequestration value of other county policies and programs, including but not limited to efforts in farming, forestry, growth management, and to establish related credits.
      E.  To partner with other governments, institutions and organizations on further development of effective and efficient rules for emission trading.
      F.  To advocate for expedited legislation on a federal emission cap and nationwide emission trading.
      SECTION 2.  Ordinance 12076, Section 9, as amended, and K.C.C. 4.08.015, as amended, are each hereby amended to read as follows:
      First tier funds and designated fund managers.
      A. First tier funds and fund managers are as follows:
Fund No.
Fund Title
Fund Manager
103
County Road
Dept. of Transportation
104
Solid Waste Landfill Post Closure Maintenance
Dept. of Natural Resources and Parks
109
Recorder's O & M
Dept. of Executive Services
111
Enhanced-911 Emergency Tel System
Dept. of Executive Services
112
Mental Health
Dept. of Community and Human Services
115
Road Improvement Guaranty
Dept. of Transportation
117
Arts and Cultural Development
Dept. of Executive Services
119
Emergency Medical Services
Dept. of Public Health
121
Surface Water Management
Dept. of Natural Resources and Parks
122
Automated Fingerprint Identification System
Dept. of Public Safety
128
Local Hazardous Waste
Dept. of Public Health
129
Youth Sports Facilities Grant
Dept. of Natural Resources and Parks
131
Noxious weed control fund
Dept. of Natural Resources and Parks
134
Development and Environmental Services
Dept. of Development and Environmental Services
137
Clark Contract Administration
Office of Management and Budget
138
Parks Trust and Contribution
Dept. of Natural Resources and Parks
139
Risk Abatement
Office of Management and Budget
145
Parks and Recreation
Dept. of Natural Resources and Parks
164
Two-Tenths Sales Tax Revenue Receiving
Dept. of Transportation
165
Public Transit Self Insurance
Dept. of Transportation
215
Grants tier 1 fund
Dept. of Executive Services
216
Cultural Resource Mitigation Fund
Office of Business Relations & Economic Development
309
Neighborhood Parks and Open Space
Dept. of Executive Services
312
HMC Long Range CIP
Dept. of Executive Services
315
Conservation Futures
Dept. of Natural Resources and Parks
316
Parks, Rec. and Open Space
Dept. of Executive Services
318
Surface and Storm Water Mgmt Const
Dept. of Natural Resources and Parks
320
Public Art Fund
Dept. of Executive Services
322
Housing Opportunity Acquisition
Dept. of Community and Human Services
326
1990 Series B Youth Detention Facility
Dept. of Executive Services
327
Equipment and Building Acquisition
Dept. of Executive Services
329
SWM CIP Construction 1992-1997
Dept. of Natural Resources and Parks
331
Long-Term Leases
Dept. of Executive Services
334
Capital Acqn and County Fac Renovation
Office of Management and Budget
335
Youth Services Facilities Construction
Dept. of Executive Services
338
Airport Construction
Dept. of Transportation
339
Working Forest 1995 B
Dept. of Natural Resources and Parks
340
Park Lands Acquisition 1993
Dept. of Natural Resources and Parks
340-3
Urban Reforestation and Habitat Restoration
Dept. of Natural Resources and Parks
341
Arts and Historic Preservation Capital
Dept. of Executive Services
342
Major Maintenance Reserve
Dept. of Executive Services
343
Core GIS Capital Project
Dept. of Natural Resources and Parks
346
Regional Justice Center Construction
Dept. of Executive Services
347
Emergency Communications System
Dept. of Executive Services
349
Parks Facilities Rehabilitation
Dept. of Executive Services
350
Open Space Acquisition
Dept. of Natural Resources and Parks
364-3
Transit Cross-Border Lease Financing Fund
Dept. of Executive Services
369
Transfer of Development Credits Program (TDC) Fund
Dept. of Natural Resources Parks
377-1
OIRM Capital Fund
Office of Information Resource Management
378
Information and Telecommunications Capital Improvement Fund
Dept. of Executive Services
381
Solid Waste Cap Equip Recovery
Dept. of Natural Resources and Parks
383
Solid Waste Environmental Reserve
Dept. of Natural Resources and Parks
384
Farmland and Open Space Acquisition
Dept. of Natural Resources and Parks
385
Renton Maintenance Fac. Const
Dept. of Transportation
386
County Road Construction
Dept. of Transportation
387
HMC Construction
Dept. of Executive Services
390
Solid Waste Construction
Dept. of Natural Resources and Parks
391
Landfill Reserve
Dept. of Natural Resources and Parks
394
Kingdome CIP
Dept. of Executive Services
395
Building Capital Improvement
Dept. of Executive Services
396
HMC Building Repair and Replacement
Dept. of Executive Services
404
Solid Waste Operating
Dept. of Natural Resources and Parks
429
Airport Operating
Dept. of Transportation
448
Stadium Management
Dept. of Executive Services
453-1
Institutional Network Operating Fund
Dept. of Executive Services
461
Water Quality
Dept. of Natural Resources and Parks
464
Public Transportation
Dept. of Transportation
542
Safety and Workers' Compensation
Dept. of Executive Services
544
Wastewater Equipment Rental and Revolving Fund
Dept. of Transportation
546
Department of Executive Services Equipment Replacement
Dept. of Executive Services
547
Office of Information Resource Management Operating Fund
Dept. of Executive Services
550
Employee Benefits Program
Dept. of Executive Services
551
Facilities Management
Dept. of Executive Services
552
Insurance
Dept. of Executive Services
557
Public Works Equipment Rental
Dept. of Transportation
558
Motor Pool Equipment Rental
Dept. of Transportation
560
Printing/Graphic Arts Services
Dept. of Executive Services
603
Cultural Resources Endowment
Dept. of Executive Services
622
Judicial Administration Trust and Agency
Dept. of Judicial Administration
624
School District Impact Fee
Office of Management and Budget
674
Refunded Ltd GO Bond Rdmp.
Dept. of Executive Services
675
Refunded Unltd GO Bond
Dept. of Executive Services
676
H&CD Escrow
Dept. of Executive Services
693
Deferred Compensation
Dept. of Executive Services
694
Employee Charitable Campaign Contributions
Dept. of Executive Services
696
Mitigation Payment System
Dept. of Transportation
843
DMS Limited GO Bonds
Dept. of Executive Services
890
ULID Assessment - 1981
Dept. of Transportation
1010
Climate Exchange Fund
Office of Management and Budget
      B.  The following shall also be first tier funds:
        1.  All funds now or hereafter established by ordinance for capital construction through specific road improvement districts, utility local improvement districts or local improvement districts.  The director of the department of transportation shall be the fund manager for transportation-related funds.  The director of the department of natural resources and parks shall be the fund manager for utility-related funds.
        2.  All county funds that receive original proceeds of borrowings made under Chapter 216, Washington Laws of 1982, as now existing or hereafter amended, to the extent of the amounts then outstanding for the borrowings for that fund.  For purposes of this subsection, the director of the county department or office primarily responsible for expenditures from that fund shall be the fund manager.
        3.  Any other fund as the council may hereinafter prescribe by ordinance to be invested for its own benefit.  County funds shall be treated as provided in K.C.C. 4.10.110 unless a designation is made by the council.
      NEW SECTION. SECTION 3.  There is hereby added to K.C.C. chapter 4.08 a new section to read as follows:
      A.  There is hereby created the Climate Exchange fund, classified as a special revenue fund, for the purpose of accounting for any revenue generated by the sale of carbon credits and other emission credits, and the expenditures incurred for the purchase of carbon credits or other emission credits, in accordance with the rules of the Chicago Climate Exchange or other emissions trading programs in which the county may participate.  Carbon credits include but are not limited to those credits sold or purchased through the Chicago Climate Exchange  This fund may also be used for the purpose of accounting for the sale or purchase of other emission credits as the county may develop.
      B.  Any financial benefit that accrues to the county from its participation in the Chicago Climate Exchange shall be appropriately invested in actions that reduce carbon emissions and/or address global warming impacts.
      C.  The office of management and budget shall be the fund manager for the Climate Exchange fund.
 
      D.  For investment purposes, the Climate Exchange fund shall be considered a first tier fund.