10a. Memo
Resolution Opposing Initiative 2177
COMMISSION AGENDA MEMORANDUM ACTION ITEM Item No. Date of Meeting DATE: September 10, 2024 TO: Stephen P. Metruck, Executive Director FROM: John Flanagan, Senior State Relations Manager Vy Nguyen, Strategic Advisor, Commission Office 10a September 10, 2024 SUBJECT: Port of Seattle Commission Resolution Opposing Initiative 2177 ACTION REQUESTED Request Commission introduction of Resolution No. 3827, a resolution in opposition of Washington State Ballot Initiative Measure No. 2117, Concerning Carbon Tax Credit Trading, on the November 5, 2024, ballot. EXECUTIVE SUMMARY During the general election in November, voters will act on four distinct ballot initiatives. The most directly impactful to the Port of Seattle is I-2117, which repeals the State's existing carbon credit trading system (the Climate Commitment Act/CCA) and prohibits the State from establishing a new 'cap and invest' program in the future. If approved, I-2117 is expected to reduce total state revenues by about $3.8 billion over the next five fiscal years (FY25-29). Passage of the initiative would also require a $1.7 billion reduction in spending that was approved by the State legislature during the 2024 legislative session. Those reductions have direct impacts to stated priorities of the Port of Seattle both immediately and ongoing. The enacted state budget provides funding from 'CCA revenue' for programs benefitting goals 1, 2, and 4 of the Port's Century Agenda. The most direct impacts are to ongoing environmental programming, but due to other converging factors (culvert funding, diminishing gas tax revenues, etc.), the impacts of I-2117 to the state transportation network are also expected to pose major challenges for the State and the Port. Overall, passage would cause harm to the Port's long-term goals, immediate and ongoing finances, and could cause wide-ranging issues for years to come. Due to these anticipated outcomes; this resolution is brought forward by the Port of Seattle Commission to assert the Port's opposition to Initiative 2117 on the November 2024 ballot. ADDITIONAL BACKGROUND Statewide Template revised April 12, 2018. COMMISSION AGENDA - Action Item No. 10a Meeting Date: September 10, 2024 Page 2 of 12 As stated above, the overall impact of I-2117 equates to about -$3.8 billion for fiscal years 2025 through 2029. Because the State fiscal year runs from July 1 through June 30, the initiative also affects $1.7 billion of spending that was approved by the Legislature during the 2024 legislative session. The initiative applies prospectively to anticipated revenues generated by carbon allowance auctions. If approved, the last carbon allowance auction would take place in the first week of September 2024. The initiative does not impact any of the $2.15 billion generated by the CCA prior to June 2024 or any of the projects or programs which received that funding. The projected $3.8 billion reduction in revenue comes almost exclusively from cancelled auctions. If the initiative passes, the enacted budgets stipulate that any unallocated CCA revenue will be consolidated into two accounts (the Transportation Climate Emissions Reduction Account & the Consolidated Climate Account). The State Legislature retains spending authority over those accounts and resources until June 30, 2025. In the most recent fiscal impacts statement on I-2117, the Office of Financial Management estimated that spending authority of around $230 million would be available in the Transportation Climate Emissions Reduction Account, and that about $650 million would be available in the Consolidated Climate Account. OFM assumes that funding transferred to the new accounts would continue to be spent through the end of FY25 or until revenues are exhausted. Given the many variables and overlapping programs, it is difficult to predict whether or how much of that funding may go unspent. Table 1 (attached & below) details projected impacts to all State Treasury accounts that receive CCA revenue. The second column provides several examples of programs and current uses previously supported by the Port that are at risk of losing funding. Tables 2, 3, and 4 (also attached & below) provide a more detailed snapshot of distributions within those accounts. Again, the second column provides some information on notable FY25 expenditures that would lose funding if I-2117 passes. Port of Seattle The 2024 supplemental transportation spending plan assumes the use of $1 billion in CCA funding for future transportation projects. Absent new transportation revenue to backfill gaps created by passage of the initiative, many of those projects will face delays or out-right cancellations. Table 5 (attached & below) provides a snapshot of programs and projects that are at-risk of either losing access to funding provided in the supplemental budget or that are unlikely to receive funding as the Legislature is forced to make difficult decisions with scarce resources. For example, the State needs to annually invest hundreds of millions of dollars in fish passage barrier removal projects to meet the requirements of a federal injunction issued in 2013 and affirmed again in 2018 by the U.S. Supreme Court. Providing funding for shore power or transportation planning for the World Cup is never going to rise to the same level. The operating and capital budgets pose fewer shortfalls and budgetary challenges than transportation, but the same over-arching issue applies. If voters approve I-2117, it is unlikely that many of the Port's priorities that received funding from the CCA in the supplemental Template revised September 22, 2016. COMMISSION AGENDA - Action Item No. 10a Meeting Date: September 10, 2024 Page 3 of 12 budget would be taken up with a new source of funding in the 2025 session. Again, Tables 6 and 7 (attached & below) provide detailed information on some programs and projects that are important to the Port. What's expected to happen in November? Polling: Public polling began in January 2024 just after the Secretary of State's Office certified I2117 to appear on the ballot. From the outset, the initiative has consistently polled under 50%. However, an unexpectedly large percentage of voters are reportedly 'undecided'. In mid-May, Cascade PBS and Elway reported 41% in favor, 31% opposed, and 28% undecided. According to the Seattle Times / UW poll that concluded on July 23rd, "48% of respondents said they expect to vote yes on Initiative 2117, while 34% said they expect to vote no." At the time, that left 18% of voters 'undecided' with about 15 weeks left in the campaign. Fundraising: We should expect to see updated numbers in early September that will reflect an up-tick in spending by the "No on 2117" campaign. According to the PDC, the 'no campaign has raised just under $11M and spent about $1.5M, suggesting that a large earned media campaign is coming. The 'yes' campaign, which is run and largely self-financed by hedge fund mogul Brian Heywood, has raised about $12.6M and spent around $10.6M. Heywood has already stated publicly that he will continue to subsidize the campaign from his personal assets if necessary. Overall: It's a coin toss. Table 1 Overview - All CCA Accounts Notable Account Programs & SFY 2025 SFY 2026 SFY 2027 SFY 2028 SFY 2029 Uses VMT reduction Alternative Fuel Infrastructur e& Carbon Incentives Emissions Emission ($435,594,1 ($1,387,000 ($1,387,000 ($1,387,000 ($1,387,000 Reduction reduction 25) ) ) ) ) Account programs for freight Ferries Various port and maritime activities Template revised September 22, 2016. COMMISSION AGENDA - Action Item No. 10a Meeting Date: September 10, 2024 Transport ation Carbon Emissions Reductio n Account Transit agency Climate operating Active and capital Transport expenses ation & Bike/Pedestr Climate ian Safety Transit Grants to Programs expand Accounts transit services Implementa Climate tion of the Investme CCA nt Tribal Account capacity grants Developmen t of renewable and clean energy Grid modernizati on Climate Decarboniza Commitm tion of the ent built Account environmen t Industrial efficiency incentives Climate change mitigation Page 4 of 12 $230,354,1 25 $0 $0 ($9,533,500 ($9,533,500 ($9,533,500 ($9,533,500 ) ) ) ) $0 ($179,850,0 ($179,850,0 ($179,850,0 ($179,850,0 00) 00) 00) 00) $0 $0 $0 ($35,256,88 ($35,443,00 ($35,443,00 ($35,094,00 ($35,094,00 4) 0) 0) 0) 0) ($896,196,8 ($102,620,0 ($97,523,00 ($66,026,00 ($64,389,00 84) 00) 0) 0) 0) Template revised September 22, 2016. COMMISSION AGENDA - Action Item No. 10a Meeting Date: September 10, 2024 Natural Climate Solutions Account Air Quality and Health Disparitie s Improve ment Account Consolida ted Climate Account General FundState General FundFederal Climate resilience Conservatio n activity Monitoring and improvemen t of air quality Addressing disparate impacts in overburden ed communitie s Total Page 5 of 12 ($282,251,1 ($25,392,00 ($27,953,00 ($22,956,00 ($25,853,00 36) 0) 0) 0) 0) ($19,333,61 $0 1) $0 $0 $0 $653,797,4 43 $0 $0 $0 $0 ($6,349,000 ($6,152,000 ($6,364,000 ($7,500,000 ($7,700,000 ) ) ) ) ) ($45,000,00 ($70,000,00 ($70,000,00 ($70,000,00 ($236,700,0 0) 0) 0) 0) 00) ($835,829,9 ($430,377,0 ($428,053,5 ($392,346,5 ($590,506,5 54) 00) 00) 00) 00) Table 2 Carbon Emissions Reduction Account Agency Notable FY25 Project impacts Department of Commerce Department of Ecology Department of Enterprise Services Department of Natural Resources Template revised September 22, 2016. Spending authority eliminated Transfers ($5,000,000) $0 ($4,000,000) $0 ($13,500,000) $0 $0 $671,724 COMMISSION AGENDA - Action Item No. 10a Meeting Date: September 10, 2024 Joint Transportation Committee Washington State Department of Transportation Washington State Parks & Recreation Commission Total Hybrid-electric ferry construction and terminal electrification ($42M) Zero emission vehicle private sector incentives, vehicle & infrastructure grants ($40M) Public bus and transit facility projects ($30M) Transportation planning for the World Cup ($1M) Page 6 of 12 ($477,000) $2,243,091 ($182,263,000) $227,439,310 $0 $0 ($205,240,000) $230,354,125 Spending authority eliminated Transfers ($16,973,000) $1,300,473 $0 $70,250 $0 $506,755 $0 $3,199,000 ($269,919,794) $303,908,217 Table 3 Climate Commitment Account Agency Central Washington University Columbia River Gorge Commission Department of Architectural and Historic Preservation Department of Children, Youth and Families Department of Commerce Notable FY25 Project impacts Building Decarbonization ($100M) Local GHG Reduction Projects ($74M) Clean energy manufacturing ($21.5M) Hard-to-Decarbonize ($13M) Federal grant assistance ($3.6M) Federal clean energy tax incentive assistance ($2.9M) Template revised September 22, 2016. COMMISSION AGENDA - Action Item No. 10a Meeting Date: September 10, 2024 Page 7 of 12 Industrial symbiosis ($2.1M) Department of Corrections Department of Ecology Indoor ($6M) Air Quality Grants Department of Enterprise Services Department of Health Department of Labor & Industries Department of Natural Resources Department of Revenue Department of Social and Health Services Department of Veteran's Affairs Energy Facility Site Evaluation Council Employment Security Department Eastern Washington University Governor's Office of Indian Affairs Office of Financial Management Office of the K12 Indoor Air Quality Grants Superintendent of Public ($30M) Instruction The Evergreen State College University of Washington Washington State Board of Community & Technical Colleges Washington State Conservation Commission Washington State Template revised September 22, 2016. ($600,000) $1,600,000 ($9,792,103) $17,917,345 ($1,617,575) $0 $120,000 $79,236,333 $0 $3,463,669 ($862,000) $5,423,409 $0 $281,500 ($9,958,915) $0 $0 $200,000 ($68,000) $4,561,612 $0 $329,837 ($9,998,000) $50,000 $0 $495,218 ($875,000) $3,240,284 ($30,000,000) $7,525,000 $0 $0 ($39,053,000) $9,055,869 ($2,475,000) $5,781,000 ($3,048,483) $22,400,000 ($3,407,000) $2,553,592 COMMISSION AGENDA - Action Item No. 10a Meeting Date: September 10, 2024 Page 8 of 12 Department of Agriculture Washington State Department of Fish & Wildlife Washington State Parks & Recreation Commission Washington State University Western Washington University Workforce Training Board Total Table 4 Natural Climate Solutions Account Notable FY25 Project Agency impacts Department of Commerce Department of Ecology Department of Enterprise Services Department of Health Department of Natural Resources Military Department Restoration & protection of salmon habitat ($25M) Recreation and Fish passage barrier Conservation Office removal ($22M) Estuary & salmon habitat restoration ($11M) University of Washington Washington State Conservation Commission Washington State Department of Agriculture Washington State Department of Fish and Template revised September 22, 2016. $0 $1,056,113 ($950,000) $1,462,443 ($13,000,000) $352,823 ($7,000,000) $0 $0 $508,273 ($419,717,870) $476,479,014 Spending authority Transfers eliminated ($7,975,000) $2,600,546 ($2,079,963) $21,451,072 $0 $0 $0 $22,828 ($54,594,358) $26,464,652 $0 $84,022 ($72,006,000) $57,279,700 $0 $486,602 ($5,603,713) $24,331,293 ($5,000,000) $114,884 $0 $1,145,241 COMMISSION AGENDA - Action Item No. 10a Meeting Date: September 10, 2024 Page 9 of 12 Wildlife Washington State Parks & Recreation Commission Total ($75,000) $936,263 ($147,334,034) $134,917,102 Table 5 CCA spending in 24 Supplemental Transpo Budget Agency / Spending Project Division from CCA Ecology ZEV school buses $4,000,000 Shore power and emissions $477,000 study JTC ZEV MHD Study (concluded) $2,000,000 ZEV State Infrastructure $15,000,000 Grants MHD Vehicle Vouchers $10,000,000 Hydrogen infrastructure $10,000,000 WSDOT grants and federal match Public-Private ZAP EV car share & low$3,400,000 Partnerships income program $110,000,000 MHD ZEV vouchers World Cup Transportation Planning WSDOT Planning Local decarb in overburdened communities Zero emissions buses & facilities Additional green WSDOT Public transportation projects Transportation Transit to ferry coordination grants Implementing frequent transit service study Vessel and terminal electrification State Ferries Hybrid-electric vessel construction Template revised September 22, 2016. $1,000,000 $3,000,000 $7,758,000 $7,442,000 $2,000,000 $900,000 $24,265,000 $17,729,000 Comment Included in 2023 budget, but fully 'unlocked' in supplemental COMMISSION AGENDA - Action Item No. 10a Meeting Date: September 10, 2024 Future hybrid-electric vessel construction Future vessel and terminal electrification Page 10 of 12 $106,881,000 $47,225,000 $28,000,000 $14M provided in the 2023 transportation budget not at-risk, but additional $14M included in 2024 would be impacted. $6,300,000 Funding already provided to NWSA not at-risk, but repeal effort would prevent any additional investment from the State to 'plus-up' the demonstration project. $25,000,000 Matching grant. If eliminated could prevent federal awards ($390M+). NWSA Shorepower Demo WSDOT Rail NWSA ZEV Drayage Demo High-speed rail Port electrification grants $26,500,000 Local safety and bike/ped WSDOT Local projects: North Aurora Safety, Programs North Broadway Ped Bridge $22,944,000 Current funding not at-risk, but future grant cycles prevented by repeal. Table 6 Operating Budget Agency Notable FY25 Project impacts Commerce Offshore Wind - Supply Chain Study Offshore Wind - Blue Wind funding Industrial symbiosis Circular economy market development program Innovation Cluster Accelerator (Green Jobs) State Green Bank Federal grant assistance web portal and outreach Template revised September 22, 2016. Spending from CCA Comment $250,000 $375,000 $2,110,000 $390,000 $1,000,000 $800,000 $2,500,000 COMMISSION AGENDA - Action Item No. 10a Meeting Date: September 10, 2024 DSHS Ecology DNR Dept of Ag. EFSEC DOL SBCTC Page 11 of 12 Federal tax incentive assistance Federal grant-writing assistance Hydrogen - planning, testing, feasibility Buy Clean Buy Fair' Implementation Clean Energy Ambassadors Sustainable maritime fuels study and working group Agri-tourism Study Statewide community EJ and climate resilience network pilot CCA implementation Offshore Wind - Pre-BOEM planning and engagement CCA Linkage implementation Food waste management grants CCA public education and outreach Air quality mitigation equipment in South King CO2 Direct Capture Study Kelp & Eelgrass survey studies $5,000,000 $4,500,000 $539,000 $1,112,000 $3,000,000 Organic waste standards implementation Clean energy siting - pre-application development, review, hydrogen focus Farm fuel CCA reimbursements Green workforce curriculum development $3,176,000 $250,000 $250,000 $2,000,000 $1,400,000 $338,000 $1,787,000 $1,645,000 $2,000,000 $6,000,000 $300,000 $593,000 $757,000 $30,000,000 $475,000 Table 7 Capital Budget Agency Commerce Notable FY25 Project impacts Biogenic CO2 'proof of concept' Hard to Decarbonize' grants Green Jobs and Infrastructure grants Clean Energy Community Grants Template revised September 22, 2016. Spending from CCA Comment $1,500,000 $45,000,000 $25,000,000 $50,000,000 COMMISSION AGENDA - Action Item No. 10a Meeting Date: September 10, 2024 Page 12 of 12 Majority of resources allocated, but likely funded at a much smaller scale in future if 2117 passes RCO Dept. of Ag. OSPI Community EV charging grants Salmon recovery board grants Estuary and salmon restoration program Conservation Reserve Enhancement Program Fish barrier removal grants Clean energy & ag land use assessment K12 indoor air quality grants Air filtration and HEPA filters at schools near SEA ATTACHMENTS TO THIS REQUEST 1. Tables 1-5 2. Draft Resolution Template revised September 22, 2016. $105,000,000 $25,000,000 $11,110,000 $11,000,000 $43,290,000 $100,000 $30,000,000 $500,000
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