PORT OF SEATTLE

MEMORANDUM

COMMISSION AGENDA

Item No.

Date of Meeting

April 12, 2011

DATE: April 6, 2011

TO: Tay Yoshitani, Chief Executive Officer

FROM: Elizabeth Leavitt, Director, Aviation Planning & Environmental Programs

Stephanie Jones-Stebbins, Director, Seaport Planning & Environmental

Programs

Michael Lufkin, Senior Environmental Program Manager

Paul Meyer, Manager, Permitting and Compliance

SUBJECT: Resolution No. 3650, First Reading, adopting, revising and updating the

Port of Seattle‟s (Port) State Environmental Policy Act (SEPA) procedures

and formalizing new Port SEPA policies for addressing greenhouse gas

(GHG) emissions.

ACTION REQUESTED:

First Reading, Resolution No. 3650, adopting, revising and updating existing Port SEPA

procedures to conform with current law and Port structure, and formalizing new Port

policies clarifying how greenhouse gas emissions (GHG) and climate considerations will

be incorporated into SEPA review when the Port is acting as a “lead agency.”

SYNOPSIS:

The Commission is requested to adopt Resolution No. 3650, which compiles and updates

existing Port SEPA procedures into a single resolution that conforms with changes that

have been made to Washington‟s SEPA laws and rules and reflects the current

organizational structure of the Port. Additionally, the resolution provides guidance to

Port staff and the Port SEPA Responsible Official when evaluating proposals under the

SEPA that (1) are likely to result in GHG emissions; and/or (2) may be impacted by the

effects of climate change. In the Port‟s recent SEPAdeterminations, we have already

been estimating quantities of greenhouse gas emissions (GHG) as part of our SEPA

review of proposed actions. Other local governments, such as the City of Seattle and

King County, also already require the evaluation of GHG emissions as part of their

permitting actions.

COMMISSION AGENDA

Tay Yoshitani, Chief Executive Officer

April 6, 2011

Page 2 of 4

BACKGROUND:

The State Environmental Policy Act or SEPA, Chapter 43.21C RCW, was enacted in

1971 to “promote the policy of fully informed decision making by government bodies

when undertaking „major actions significantly affecting the quality of the environment.‟ ”

SEPA requires public agencies to: (1) consider the environmental consequences of their

proposed actions; (2) identify and evaluate probable impacts, alternatives and mitigation

measures; and (3) encourage public involvement in agency decision making. Local

government agencies like the Port must adopt policies and procedures for implementing

SEPA. These "agency SEPA procedures" must be formally designated by rule,

ordinance, or resolution.

Proposed Revision to Existing Port SEPA Procedures

The Port previously adopted three resolutions implementing SEPA: Resolution No. 3028

(adopted December 1987), Resolution No. 3211(adopted February 1996), and Resolution

No. 3539 (adopted May 2005). Collectively, these three resolutions identify the

procedures used by the Port for implementing SEPA, including the identity of the

responsible official, the method(s) for public notice, the procedures for administrative

appeals, if any, and other information about the Port‟s review procedures.

From time to time it becomes necessary to update, amend and revise 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. Some of the proposed revisions to the

existing Port SEPA procedures include:

 Compilation of the procedures into a single Port SEPA resolution;

 Conformity with changes that have been made to state SEPA laws and rules;

 Revisions that reflect the current organizational structure of the Port;

 Addition of a Table of Contents;

 General cleanup and edits that aim to make the document easier to use and read;

and

 Addition of guidance to Port Staff and the Port responsible official when

evaluating proposals under the State Environmental Policy Act that (1) are likely

to result in GHG emissions; and/or (2) may be impacted by the effects of climate

change.

SEPA and Climate Change

SEPA was adopted to ensure that environmental values are considered during decision-

making by state and local agencies. Until relatively recently, however, climate change

COMMISSION AGENDA

Tay Yoshitani, Chief Executive Officer

April 6, 2011

Page 3 of 4

and greenhouse gas pollutants have been given relatively little or no consideration in

environmental review documents. This situation is changing rapidly. Many state and

local governments both here in Washington state and around the country are beginning to

develop policies, regulations, and guidance on how, where, and when to address climate

change in their environmental review processes. Some are doing so because their failure

to address climate change was challenged in court as contrary to SEPA-like statutes.

Others are simply recognizing the importance and value of incorporating climate change

considerations into governmental decision-making, resource and development planning,

and permitting and approval.

To date, the Port has not adopted any policies related to the assessment of GHG

emissions and climate change under SEPA. However, in the Port‟s recent SEPA

determinations considerations or evaluations, we have already been estimating quantities

of GHG emissions as part of our SEPA review of proposed actions, as have other local

jurisdictions such as the City of Seattle and King County.

Staff believes it is in the best interest of the Port to act now to clarify how climate

considerations should be incorporated into its SEPA review when it is acting as a “lead

agency.” Towards that end, the proposed SEPA climate change policies address the

following:

 Clarifying that the Port will consider GHG emissions and the effect of changes in

climate on proposed actions as a mandatory component of SEPA environmental

review;

 Requiring the identification and calculation of GHG emissions associated with a

project proposal, within reasonable spatial and temporal boundaries, as part of

SEPA environmental review;

 Encouraging the identification of mitigation measures that the Port may

voluntarily incorporate to reduce a project‟s GHG emissions below a level of

significance or to reduce the Port‟s GHG emission baseline;

 Acknowledging that when making the “threshold determination” under SEPA

there is no uniform standard for determining the “significance” of a project‟s

GHG emissions impacts;

 Acknowledging that any decision by the Port as to whether there is an adverse

environmental impact from a proposal will be made on a case-by-case basis;

 Identifying factors that may be considered by the Port when determining whether

a project‟s GHG emissions constitute a “significant” impact; and

 Considering the effects of climate change on 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.

COMMISSION AGENDA

Tay Yoshitani, Chief Executive Officer

April 6, 2011

Page 4 of 4

PUBLIC COMMENTS ON THE PROPOSED RESOLUTION:

Resolution No. 3650 was put out for a 30-day public comment period in order to solicit

feedback and input from interested stakeholders and the public. The public comment

period ran from February 9, 2011, through March 11, 2011, and included notice in

regional newspapers, distribution to individuals and organizations on the Port SEPA

mailing list, and posting on the Port‟s external website.

No comments were received on Resolution No. 3650.

OTHER DOCUMENTS ASSOCIATED WITH THIS REQUEST:

PowerPoint Presentation

Resolution No. 3650, revising and updating the Port‟s SEPA procedures and formalizing

new Port SEPA policies clarifying how greenhouse gas emissions and climate

considerations will be incorporated into the environmental review process, with Exhibit

A (SEPA Environmental Policies, including Appendix A), Attachment 1 (Basic

Procedural Framework Governing SEPA Administrative Appeal Rules and Procedures),

and Attachment 2 (GHG Emissions Quantification Methodologies).

PREVIOUS COMMISSION ACTIONS OR BRIEFINGS:

February 1, 2011- Commission Briefing on Proposed Revisions to the Port‟s Policies

Related to the State Environmental Policy Act (SEPA).