MOTION 
OF THE PORT OF SEATTLE COMMISSION 
CONCERNING THE AT-BERTH CLEAN FUELS PROGRAM 
JANUARY 8, 2013 
STATEMENT IN SUPPORT OF THE MOTION AND FINDINGS 
The At-Berth Clean ("ABC") Fuels Program is one of the many ways the Port of Seattle (the
"Port") plans to reach its Century Agenda vision of adding 100,000 Port-related jobs to the
region in the next 25 years while reducing its environmental footprint.
The Port initiated the ABC Fuels Program in 2009 as part of the Northwest Ports Clean Air
Strategy to reduce the Port's maritime-related air emissions. The program reimburses shipping
and cruise lines to encourage them to use low-sulfur fuel (less than 0.5%) while berthed at the
Port. Since diesel fuel is more expensive than regular bunker fuel, the ABC Fuels Program
makes up approximately half of the cost differential between regular and cleaner diesel fuel. The
program was carried out through an agreement with the Puget Sound Clean Air Agency
("PSCAA") at a cost of $2.44 million from 2009 through September 30, 2012.
Eight container carriers and four cruise lines have participated in the ABC Fuels program, and
more than 1,250 ships have switched fuels at-berth. The program has been a very cost-effective
way to reduce sulfur dioxide (SO2) and diesel particulate matter (DPM) emissions based on the
results of the 2011 Puget Sound Maritime Emissions Inventory released in October 2012. The
inventory found that SO2 and DPM emissions attributable to Port maritime operations declined
28 percent and 34 percent, respectively, between 2005 and 2011 per unit of cargo throughput.
Since 2009, the program has prevented nearly 900 metric tons of sulfur dioxide from entering the
environment. 
The Commission finds that reducing and/or mitigating air pollution related to Port operations is
in furtherance of its statutory obligation under RCW 53.08.020 to operate wharves, docks, boat
landings, and other harbor improvements as a proprietary enterprise and is specifically
important: (1) to enhance its competitiveness among carriers in the marketplace; and (2) to
address Clean Air Act requirements that could prevent further development and expansion of
Port facilities. T he Commission further finds that the ABC Fuels Program provides the Port with
demonstrable and valuable consideration in the form of reduced air pollution for its expenditure
of funds and that contracting with PSCAA to implement and monitor the program is an effective
way to ensure the benefits of the program to the Port.  The Commission further finds that
supporting policies and programs that prevent air pollution are as or more appropriate than
cleaning up air pollution after it occurs.
The State Auditor's Office ("SAO") completed its accountability audit for 2011 on December 4,
2012, and issued a finding that the Port improperly funded the ABC Fuels Program through its
contract with the PSCAA. T he SAO also stated because the program exceeded the Port's
authority, it is considered a gift of public funds to the shipping lines because the Port did not

receive legally sufficient consideration. As a result, the SAO determined that all of the
program's costs are considered an unallowable use of Port funds. However, the SAO also
indicated its understanding of the benefits of the program and indicated a willingness to work
with the Port to seek a mutually agreeable solution. 
In its response to the SAO audit, the Port stated that it "understands the SAO's position and
recognizes that it is not unreasonable to take the view that the contract exceeds the Port's
authority." However, the Port maintained that it was "equally reasonable" to interpret the ABC
Fuels Program as falling within the Port's authority to contract for the purchase of services
designed to reduce maritime pollution from Port facilities. The Port also believes it has the
necessary implied proprietary authority under existing law to continue with the ABC Fuels
Program and is willing to discuss this authority and improvements to the terms and conditions
under which the program is implemented through the PSCAA or otherwise in order to strengthen
the program and ensure its ongoing benefits to the Port. 
MOTION 
The Commission wishes to continue the At-Berth Clean Fuels Program in 2013 and in future
years, as appropriate, bearing in mind the State Auditor's December 4, 2012, finding regarding
the program and consistent with state law. 
The Commission directs the Chief Executive Officer to bring to the attention of the State Auditor
additional arguments regarding the authority of the Port to continue the ABC Fuel Program and 
to consider additional contractual terms with the PSCAA or devise other means to maintain the
program to ensure the continuation of the benefits of the program to the Port.