RESOLUTION NO. XXXX

A RESOLUTION of the Port Commission of the Port of Seattle (Port), King County,

Washington, adopting a policy under the State Environmental Policy Act

(SEPA) and its implementing rules, Chapter 43.21C RCW and Chapter

197-11 WAC, addressing the assessment of greenhouse gas emissions and

climate change under SEPA.

WHEREAS, the State Environmental Policy Act (SEPA), Chapter 43.21C RCW, sets forth

an environmental policy for Washington state and requires that the environmental impacts of

proposals be analyzed and, where appropriate, mitigated; and

WHEREAS, SEPA applies to state agencies, counties, and municipal and public

corporations, including port districts; and

WHEREAS, SEPA and its implementing rules, RCW 43.21C.070 and WAC 197-11-902,

require the Port to formally designate policies that may be used as a basis for conditioning or

denying an action using SEPA’s substantive authority. RCW 43.21C.070 and WAC 197-11-902;

and

WHEREAS, on April 2, 2007, in Massachusetts v. EPA, 549 U.S. 497 (2007), the United

States Supreme Court found that greenhouse gases are air pollutants covered by the Federal

Clean Air Act; and

WHEREAS, in 2008 the Washington State Legislature enacted RCW 70.235.020 which

establishes statewide targets to reduce annual greenhouse gas emissions to 1990 levels in 2020,

to twenty-five percent below 1990 levels in 2035, and to do its part to reach global climate

stabilization by reducing emissions to fifty percent below 1990 levels in 2050; and

WHEREAS, in December 2009 the Administrator of the United States Environmental

Protection Agency issued a finding under the Federal Clean Air Act, that greenhouse gases in the

ITEM NO: _7a_Reso_A________

DATE OF MEETING:February 1, 2011

atmosphere may reasonably be anticipated both to endanger public health and to endanger public

welfare; and

WHEREAS, the SEPA rules require agencies to consider a proposal’s environmental

impact when rendering a threshold determination as to whether an environmental impact

statement is required; and

WHEREAS, air quality and climate are identified in WAC 197-11-444(1)(b)(i) and (iii) as

elements of the environment to be considered in assessing a proposal’s environmental impacts

under SEPA; and

WHEREAS, the Port of Seattle has been a leader in assessing greenhouse gas emissions

associated with its operations and projects, and implementing mitigation strategies that reduce

emissions that contribute to climate change; and

WHEREAS, when acting as a SEPA Lead Agency, the Port is in a unique position to

consider and mitigate greenhouse gas impacts when considering project and non-project actions

undergoing Port review; and

WHEREAS, the Port has previously adopted policies and procedures consistent with the

SEPA Rules, Chapter 197-11 WAC, including Resolution XXXX which is supplemental to this

resolution; and

WHEREAS, the Port Commission from time to time finds it necessary to amend and

revise its SEPA policies and procedures due to changes in law and/or operations of the Port and

in order to improve the effectiveness of such policies and procedures.

NOW, THEREFORE, BE IT RESOLVED by the Port Commission of the Port of Seattle

that:

The Port of Seattle Commission adopts Exhibit A to this resolution as its SEPA Climate

Change Policy.

ADOPTED by the Port Commission of the Port of Seattle at a regular meeting thereof,

held this day of , 2010, and duly authenticated in open

session by the signatures of the Commissioners voting in favor thereof and the seal of the

Commission.

__________________________________________

Port Commission

EXHIBIT A

SEPA CLIMATE CHANGE POLICY

Part One Purpose/Authority

Section 1 Purpose

Section 2 Authority

Part Two SEPA and Climate Change

Section 3 SEPA and Climate Change

Part Three Identification and Calculation of Greenhouse Gas Emissions

Section 4 Calculation of GHG Emissions

Section 5 Emissions Quantification Methodologies

Section 6 Emissions Worksheet

Part Four Mitigation Measures

Section 7 Mitigation Measures

Part Five Threshold Determination

Section 8 Threshold Determination

Part Six Effects of Climate Change

Section 9 Consideration of Effects of Climate Change on Proposals/Projects

Part Seven Severability

Section 10 Severability

PART ONE

AUTHORITY AND PURPOSE

Section 1 Purpose

The purpose of this resolution is to provide guidance to Port of Seattle staff when acting as a

project proponent and the POS responsible official when evaluating proposals under the State

Environmental Policy Act, Chapter 43.21C RCW, that: (1) are likely to result in greenhouse gas

emissions; and/or (2) may be impacted by the effects of climate change.

Section 2 Authority

This resolution is adopted under the authority of RCW 43.21C.060 and RCW 43.21C.110-120

and may hereinafter be referenced or cited as a Port of Seattle “SEPA Climate Change Policy”.

PART TWO

SEPA AND CLIMATE CHANGE

Section 3 SEPA and Climate Change

SEPA requires lead agencies to consider the environmental consequences of proposals that are

not exempt from the SEPA process. Climate is one element of environment that SEPA requires

agencies to evaluate before making a decision on a proposal (WAC 197-11- 444)(1)(b)(iii). As a

lead agency and project proponent, the Port will consider greenhouse gas emissions and the

effect of changes in climate on proposed actions as a mandatory component of our environmental

review.

SEPA provides a framework for considering environmental impacts of proposed actions. With

respect to climate change, the SEPA analysis of the environmental impacts of a proposal may

include the following steps, which are part of the standard SEPA review process:

1. Reasonable identification, calculation, or other evaluation of greenhouse gas

emissions associated with the project,

2. Identification of reasonable mitigation that avoids, reduces, or compensates for

the adverse effects of the emissions,

3. Assessment of the potential effects or impacts that climate change may have on

the project itself,

4. Assessment of the “significance” of the unmitigated emissions associated with the

project,

5. Assessment of the “significance” of climate changes on the project,

6. If required, the preparation of an Environmental Impact Statement (EIS) that: (a)

analyzes the environmental impacts of a project’s greenhouse gas emissions and

the effect of climate change on a project, (b) identifies alternatives, and (c)

possible mitigation options.

PART THREE

IDENTIFICATION AND CALCULATION OF GREENHOUSE GAS EMISSIONS

Section 4 Calculation of GHG Emissions

The Port project proponent will identify and calculate both direct and indirect greenhouse gas

emissions within reasonable spatial and temporal boundaries of a proposal as part of SEPA

environmental review. Project proponents should evaluate their proposal for all known or

expected sources of greenhouse gases that they can reasonably assess or calculate over the life of

the project. The rigor of the greenhouse gas calculation or assessment will depend on the scope,

scale and context of a particular proposal. The proponent should distinguish between those

emissions that are under the direct control of the project proponent from those that are owned

and/or controlled by third parties. For many projects, a reasonable qualitative estimate of

emissions may be sufficient. For others, particularly those projects that may be covered by the

State of Washington’s mandatory greenhouse gas reporting requirement or any other reporting

requirement adopted by the United States Environmental Protection Agency, more rigorous

quantification methods might be appropriate.

Section 5 Emissions Quantification Methodologies

Project proponents should use well-accepted emission quantification methodologies appropriate

and reasonable for the scope and scale of a project when calculating or otherwise assessing

emissions from a project. Appendix A to this resolution identifies well-accepted quantification

methodologies currently used for many of the most common emission sources and may be

utilized by project proponents to assist in calculating and evaluating emissions. The Port may

develop and utilize its own methodologies based upon best available emission factors and project

specific information.

Section 6 Emissions Worksheet

Environmental review normally starts with the completion of an environmental checklist. The

checklist provides information to the lead agency about the proposal and its probable

environmental impacts. The State of Washington and other local government agencies have

developed quantitative and qualitative worksheets that may serve as templates for calculating the

relevant sources of GHG emissions from a proposal. A greenhouse gas emissions worksheet

may provide supplemental information for the environmental checklist.

PART FOUR

MITIGATION MEASURES

Section 7 Mitigation Measures

Mitigation is the avoidance, minimization, rectification, compensation, reduction, or elimination

of adverse impacts to built and natural elements of the environment. As a project proponent, the

Port may incorporate mitigation measures that reduce a project’s greenhouse gas emissions

below a level of significance or take voluntary actions that reduce the Port’s greenhouse gas

emission baseline. Mitigation measures that reduce or avoid greenhouse gas emissions should

be identified in appropriate environmental documents. Project proponents should work with

POS environmental staff early on in the proposal to identify possible GHG mitigation measures

and strategies for the project.

PART FIVE

THRESHOLD DETERMINATION

Section 8 Threshold Determination

The SEPA "threshold determination" is the formal decision as to whether the proposal is likely to

cause a significant adverse environmental impact for which mitigation cannot be easily

identified. With respect to greenhouse gas emissions from a project and to the possible effects of

climate change on a proposal, there is no uniform standard for determining “significance.” Any

decision by the Port of whether there is adverse environmental impact from a proposal will be

made on a case-by-case basis.

In making the threshold determination, the Port as a lead agency may consider:

1. Whether the proposal will significantly contribute, either directly, indirectly or

cumulatively to greenhouse gas concentrations in the atmosphere;

2. The extent to which greenhouse gas emissions of the project have been mitigated

as part of project design, or through other identified actions;

3. The economic and technical feasibility of mitigation options available;

4. The aggregate Port greenhouse gas emission inventory and the relation of the

project’s emissions to the overall balance and trend of the inventory;

5. The effects of climate change on the project, including the vulnerability of the

project to the specific impacts of climate change within a reasonable timeframe;

6. Whether the proposal will conflict with applicable laws and regulations

adopted for the purpose of reducing greenhouse gas emissions,

7. Guidance and policies adopted by other local governments, and state and federal

agencies, including, but not limited to, the Washington State Department of

Ecology, and the White House Counsel on Environmental Quality related to the

consideration of climate change and greenhouse gas emission under SEPA and

the National Environmental Policy Act (NEPA), 42 U.S.C. §§ 4321 et seq.

If the emissions from the project, or the effects of climate change on the project, will not be

mitigated below the level deemed to be significant, the preparation of an environment impact

statement (EIS) will be required. Additional mitigation measures may be required to the extent

attributable to the identified adverse impacts of the proposal.

PART SIX

EFFECTS OF CLIMATE CHANGE

Section 9 Consideration of Effects of Climate Change on Proposals/Projects

Climate change can affect the environment of a proposed action in a variety of ways. For

instance, climate change can affect the integrity of a development or structure by exposing it to a

greater risk of floods, storm surges, or higher temperatures. Climate change can increase the

vulnerability of a resource, ecosystem, or human community, causing a proposed action to result

in consequences that are more damaging than prior experience with environmental impacts

analysis might indicate. Climate change effects should be considered in the analysis of projects

that are designed for long-term utility and located in areas that are considered vulnerable to

specific effects of climate change (such as increasing sea level or ecological change) within the

project’s timeframe.

PART SEVEN

SEVERABILITY

Section 10 Severability

If any provision of this resolution or its application to any person or circumstance is held invalid,

the remainder of this resolution or the application of the provision to other persons or

circumstances shall not be affected.