Clean Water Act Failure Shows More Work Needed

Kerry McHugh is the communications manager at Washington Environmental Council. WEC is a statewide advocacy organization that has been driving positive change for more than 40 years to solve Washington’s most critical environmental challenges.

The 2010 State Legislative Session saw some good progress for the environment, with steps forward on getting toxic chemicals out of everyday products and keeping essential environmental protections in the state budget. However, the Legislature missed the opportunity to pass the Clean Water Act of 2010, legislation that would have been a significant step forward for our environment and our economy.

The Working for Clean Water bill (also known as the Clean Water Act of 2010) was one of the most significant pieces of environmental legislation in the past decade. Had it passed, this proposal would have taxed hazardous substances (including oil and other chemicals) to provide over $100 million a year to clean up contaminated stormwater runoff from our roads. This would have been a major step forward to returning the Sound to health. And because these types of stormwater projects are labor-intensive by nature, it would have created good, family-wage jobs statewide. In addition, the Clean Water Act would have provided a sustained funding source for our state’s oil spill program, which is facing dramatic budget cuts.

The oil industry, reluctant to dip into their profits to shoulder some of the clean-up costs, pulled out all the stops against the bill. They flew in oil executives from Texas, funded a sophisticated and well-financed opposition campaign and employed some of the most highly paid lobbyists. Even after the bill was amended to ensure there would be minimal or no financial impact to the state’s refineries, the oil companies continued their campaign of misinformation.

Despite a hard-fought effort that brought out an incredible amount of support from people around Washington, the Legislature did not pass the Clean Water Act. The Legislature did make a one-time $50 million allocation for stormwater cleanup in 2010. These funds are a meaningful down payment for stormwater infrastructure in the short term, but also highlight the need for a sustained funding source.

For the first time, the Environmental Priorities Coalition made sustaining environmental protections in the state budget a top priority. It was a risky move in a very tough budget year. However, funding for environmental programs took major hits in 2009 and we knew another year of severe cuts would undermine the core functions of key programs. Due to the dire budget forecast, things as essential as programs to ensure clean drinking water and clean air were under threat.

Working together, the Environmental Priorities Coalition identified a list of key programs to protect in the state budget. Most of the identified priorities in core areas like toxic contamination cleanup, air quality, water quality, water resources and habitat protection programs were retained in the final state budget.

The Safe Baby Bottle Act banned bisphenol A (BPA) in children’s dishware and sports water bottles. BPA has been linked to a host of health problems—from problems with brain and reproductive development to increasing the risk of cancer. Governor Gregoire signed the bill into law in March, making Washington one of the earliest states in the nation to take action on this dangerous chemical. The success of the Safe Baby Bottle Act was also a testament to perseverance. Last year, Washington Toxics Coalition got very close to passing similar legislation, but it took another year, a lot of hard work, and the power of the Priorities to push it over the top.

In addition to the three Priorities, the environmental community maintained the strength and integrity of Washington’s Clean Energy Initiative, I-937, for the second year in a row. Passed by voters in November of 2006, the initiative sets minimum requirements for the state’s major utilities to invest in clean energy and energy efficiency.

The Legislature also passed a number of other bills benefiting the environment. Passed on the final day of session, the JOBS Act sends a referendum (Ref. 52) to the voters this fall that, if approved, would provide $505 million in state bonds to make energy efficiency upgrades to public schools.

Lawmakers also enacted a requirement that producers of mercury-containing lighting fund recycling programs for their light bulbs, created long-term planning policies for our ocean resources, and established future limitations on the use of copper in brake pads, a significant stormwater pollutant.

In addition to these reforms, WEC supported the allocation of funds to purchase land owned by Glacier Northwest gravel company for the permanent preservation of lands adjacent to the Maury Island Aquatic Reserve.

This was a challenging year in the state capitol—the state budget woes took up the vast majority of legislative attention, making it challenging to advance big solutions. However, people from across the state stepped up to the plate to let legislators know how important environmental issues are—from phone calls to e-mails to face-to-face meetings. All these actions added up to a strong, clear message and made gains possible.

If you’d like to get more involved, please sign up for our email alerts at: http://www.wecprotects.org. §