King County recently released a draft ordinance aimed at limiting the greenhouse gas emissions incurred by new development. Pushed by King County Executive Ron Sims, the proposed SEPA Climate Change Ordinance would allow the County to exercise substantive authority under SEPA to condition or deny proposals due to their greenhouse gas emissions. The Ordinance would force developers to impose a number of actions before they can proceed with a development. If enacted, they will be the broadest, most sweeping global warming regulations imposed by a local jurisdiction in the nation.

Specifically, King County’s Ordinance calls for significantly reducing greenhouse gas emissions by forcing developers to take the following non-exhaustive list of actions:

• Mandatory low impact development standards
• Requiring developers to use low or no-emission construction vehicles, steel and concrete. According to a news release critical of the regulations, the Building Industry Association of Washington noted, this is virtually impossible — a Toyota Prius for example, cannot push around dirt and/or deliver heavy loads. And requiring low emission or no-emission steel and/or concrete will significantly add to the cost of a new home.
• Using solar and wind power.
• Protecting open space and agricultural lands. BIAW noted this means not allowing expansion of urban growth areas, which will further restrict development, driving up the cost of housing significantly by virtue of the law of supple and demand.
• Purchase of development rights.

King County’s Ordinance is the first attempt by a local jurisdiction to deny development under SEPA if the project doesn’t use these costly procedures. The proposal will most likely have a statewide impact. State Department of Ecology Director Jay Manning said, “Sims’ action may be a harbinger of what’s to come as the state grapples with ways to reduce the emissions that scientists say contribute to global warming. The state is considering measures similar to Sims’ approach.”

And Sims himself warned his actions in King County are a warning shot to the rest of the state: “Every jurisdiction is on notice now.”