BILL · 2021–22 SESSION · LATEST VERSION E3SHB 1091

HB 1091: Transportation fuel/carbon

Reducing greenhouse gas emissions by reducing the carbon intensity of transportation fuel.

Summary

  • Directs the Department of Ecology (Ecology) to adopt rules establishing a Clean Fuels Program (CFP) to limit the aggregate, overall greenhouse gas (GHG) emissions per unit of transportation fuel energy to 20 percent below 2017 levels by 2038.
  • Makes the start of the program compliance obligations contingent upon the enactment of an additive transportation act, and makes reductions in the carbon intensity of fuels beyond 10 percent below 2017 levels contingent upon the satisfaction of three other criteria.
  • Excludes exported fuel, fuel used by vessels, railroad locomotives, and aircraft, and certain other categories of transportation fuel from the CFP's GHG emission intensity reduction requirements.
  • Requires the CFP to include processes for the registering, reporting, and tracking of compliance obligations and to establish bankable, tradeable credits used to satisfy compliance obligations.
  • Requires annual reporting by Ecology on the CFP, as well as an analysis of the program's first five years by the Joint Legislative Audit and Review Committee.
  • Retains the current distribution of revenue under the 2015 transportation revenue package, eliminating changes that would have been triggered as a result of the establishment of a CFP.

From the Engrossed Third Substitute House Bill Report (E3SHB 1091), written by the Legislature's nonpartisan staff. Read the full report ↗

Enacted (partial veto) Enacted with partial veto · Chapter 317, Laws of 2021
  1. IntroducedJan 11, 2021
  2. Out of committeeFeb 22, 2021
  3. Passed HouseFeb 27, 2021
  4. Passed SenateApr 8, 2021
  5. Partly vetoedMay 17, 2021
  6. LawMay 17, 2021
Prime sponsor
Joe Fitzgibbon (D-34)
Introduced
January 11, 2021 in the House
Last action
May 17, 2021
Session law
Chapter 317, Laws of 2021
Requested by
Governor
Companion bill
SB 5231
Budget
Has a fiscal note
Versions
HB 1091, SHB 1091, 2SHB 1091, E3SHB 1091

AN ACT Relating to reducing greenhouse gas emissions by reducing the carbon intensity of transportation fuel;

Sponsors

Votes

House · 3rd Reading & Final Passage

Passed February 27, 2021
Version voted on: E3SHB 1091
52 Yea 46 Nay 0 Absent 0 Excused
PartyYeaNayAbsentExcused
Democrat52500
Republican04100
How each member voted

Yea (52)

Senate · 3rd Reading & Final Passage as Amended by the Senate

Passed April 8, 2021
Version voted on: E3SHB 1091
27 Yea 20 Nay 0 Absent 2 Excused
PartyYeaNayAbsentExcused
Democrat27200
Republican01802
How each member voted

House · Final Passage as recommended by the Conference Committee

Passed April 25, 2021
Version voted on: E3SHB 1091
54 Yea 43 Nay 0 Absent 1 Excused
PartyYeaNayAbsentExcused
Democrat54300
Republican04001
How each member voted

Yea (54)

Excused (1)

Senate · Final Passage as Recommended by Conference Committee

Passed April 25, 2021
Version voted on: E3SHB 1091
26 Yea 23 Nay 0 Absent 0 Excused
PartyYeaNayAbsentExcused
Democrat26300
Republican02000
How each member voted
3 other recorded votes (amendments, procedural motions)

House · Amendment 144 by Maycumber (page 5, line 32)

February 27, 2021
Version voted on: E3SHB 1091
41 Yea 57 Nay 0 Absent 0 Excused
PartyYeaNayAbsentExcused
Democrat05700
Republican41000
How each member voted

Nay (57)

House · Amendment 179 by Klicker (page 10, line 36)

February 27, 2021
Version voted on: E3SHB 1091
43 Yea 55 Nay 0 Absent 0 Excused
PartyYeaNayAbsentExcused
Democrat25500
Republican41000
How each member voted

Nay (55)

House · Amendment 143 by Maycumber (page 11, line 3)

February 27, 2021
Version voted on: E3SHB 1091
45 Yea 53 Nay 0 Absent 0 Excused
PartyYeaNayAbsentExcused
Democrat45300
Republican41000
How each member voted

Nay (53)

History

  1. Effective date 7/25/2021. (E3SHB 1091)
  2. Chapter 317, 2021 Laws. (E3SHB 1091)
  3. Governor partially vetoed. (E3SHB 1091)
  4. Delivered to Governor. (E3SHB 1091)
  5. Passed final passage as recommended by conference committee; yeas, 26; nays, 23; absent, 0; excused, 0. (E3SHB 1091)
  6. Conference committee report adopted. (E3SHB 1091)
  7. President signed. (E3SHB 1091)
  8. Speaker signed. (E3SHB 1091)
  9. Passed final passage as recommended by conference committee; yeas, 54; nays, 43; absent, 0; excused, 1. (E3SHB 1091)
  10. Conference committee report adopted. (E3SHB 1091)
  11. Signed by Senators Carlyle, Mullet; Representatives Fitzgibbon, Slatter. (E3SHB 1091)
  12. Conference committee report; received 2:10 PM 4/24/2021. (E3SHB 1091)
  13. Conference committee report; received 2:11 PM 4/24/2021. (E3SHB 1091)
  14. Conference committee appointed. Senators Carlyle, Mullet, King. (E3SHB 1091)
  15. Senate insists on its position and asks House for a conference. (E3SHB 1091)
  16. Conference committee appointed. Representatives Dye, Fitzgibbon, Slatter. (E3SHB 1091)
  17. Conference committee request granted. (E3SHB 1091)
  18. House refuses to concur in Senate amendments. Asks Senate to recede from amendments. (E3SHB 1091)
  19. Third reading, passed; yeas, 27; nays, 20; absent, 0; excused, 2. (E3SHB 1091)
  20. Rules suspended. Placed on Third Reading. (E3SHB 1091)
  21. Committee amendment(s) adopted as amended. (E3SHB 1091)
  22. Placed on second reading by Rules Committee. (E3SHB 1091)
  23. Passed to Rules Committee for second reading. (E3SHB 1091)
  24. Minority; do not pass. (E3SHB 1091)
  25. WM - Majority; do pass with amendment(s). (E3SHB 1091)
  26. Referred to Ways & Means. (E3SHB 1091)
  27. And refer to Ways & Means. (E3SHB 1091)
  28. Minority; without recommendation. (E3SHB 1091)
  29. Minority; do not pass. (E3SHB 1091)
  30. ENET - Majority; do pass with amendment(s). (E3SHB 1091)
  31. First reading, referred to Environment, Energy & Technology. (E3SHB 1091)
  32. Third reading, passed; yeas, 52; nays, 46; absent, 0; excused, 0. (E3SHB 1091)
  33. Rules suspended. Placed on Third Reading. (E3SHB 1091)
  34. Floor amendment(s) adopted. (E3SHB 1091)
  35. 3rd substitute bill substituted. (E3SHB 1091)
  36. 3rd substitute bill substituted. (2SHB 1091)
  37. 3rd substitute bill substituted. (SHB 1091)
  38. 3rd substitute bill substituted.
  39. Rules Committee relieved of further consideration. Placed on second reading. (E3SHB 1091)
  40. Rules Committee relieved of further consideration. Placed on second reading. (2SHB 1091)
  41. Rules Committee relieved of further consideration. Placed on second reading. (SHB 1091)
  42. Rules Committee relieved of further consideration. Placed on second reading.
  43. Referred to Rules 2 Review. (E3SHB 1091)
  44. Referred to Rules 2 Review. (2SHB 1091)
  45. Referred to Rules 2 Review. (SHB 1091)
  46. Referred to Rules 2 Review.
  47. TR - Majority; 3rd substitute bill be substituted, do pass. (E3SHB 1091)
  48. Minority; do not pass. (E3SHB 1091)
  49. Minority; without recommendation. (E3SHB 1091)
  50. Minority; without recommendation. (2SHB 1091)
  51. Minority; do not pass. (2SHB 1091)
  52. TR - Majority; 3rd substitute bill be substituted, do pass. (2SHB 1091)
  53. TR - Executive action taken by committee. (2SHB 1091)
  54. TR - Executive action taken by committee. (SHB 1091)
  55. TR - Majority; 3rd substitute bill be substituted, do pass. (SHB 1091)
  56. Minority; do not pass. (SHB 1091)
  57. Minority; without recommendation. (SHB 1091)
  58. Minority; without recommendation.
  59. Minority; do not pass.
  60. TR - Majority; 3rd substitute bill be substituted, do pass.
  61. TR - Executive action taken by committee.
  62. Referred to Transportation. (2SHB 1091)
  63. Referred to Transportation. (SHB 1091)
  64. Referred to Transportation.
  65. Minority; without recommendation. (2SHB 1091)
  66. Minority; do not pass. (2SHB 1091)
  67. APP - Majority; 2nd substitute bill be substituted, do pass. (2SHB 1091)
  68. APP - Majority; 2nd substitute bill be substituted, do pass. (SHB 1091)
  69. Minority; do not pass. (SHB 1091)
  70. Minority; without recommendation. (SHB 1091)
  71. APP - Executive action taken by committee. (SHB 1091)
  72. APP - Executive action taken by committee.
  73. Minority; without recommendation.
  74. Minority; do not pass.
  75. APP - Majority; 2nd substitute bill be substituted, do pass.
  76. Referred to Appropriations. (SHB 1091)
  77. Referred to Appropriations.
  78. Minority; without recommendation. (SHB 1091)
  79. ENVI - Majority; 1st substitute bill be substituted, do pass. (SHB 1091)
  80. Minority; do not pass. (SHB 1091)
  81. ENVI - Executive action taken by committee.
  82. Minority; do not pass.
  83. ENVI - Majority; 1st substitute bill be substituted, do pass.
  84. Minority; without recommendation.
  85. First reading, referred to Environment & Energy.
  86. Prefiled for introduction.

HB 1091 in other sessions

Bill numbers restart every two years, so the same number is a different bill in each session.

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