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MEmbersLetter

 

Governor Issues Executive Order on Climate Change

Governor Gregoire on May 21st issued an executive order broadly calling for new action on climate change. The Governor’s order does not affect state law – it only pertains to state agencies – but it lays the groundwork for a wide range of new climate change legislation in the near future. Many of the specific elements of the executive order are nearly identical to Senate Bill 5735, which was introduced this session at the request of the Governor but ultimately failed to pass the Legislature (the House and Senate each voted out a different version of the bill, and negotiators were unable to reach concurrence).  

Most of the directives in the Governor’s order apply to the Department of Ecology, though other agencies are also affected, including the Departments of Transportation, Natural Resources, Health, and Community, Trade and Economic Development. Specific tasks include:

·     Continue to participate in the Western Climate Initiative’s development of a regional greenhouse gas emissions reduction program.

·     Begin notifying the largest emitters in the state (25,000 metric tons or more of carbon dioxide emitted each year) of efforts to reach reduction goals by 2020 as previously set by the Legislature.

·     Prepare for a federal or regional cap-and-trade program by establishing emission benchmarks for each industry sector.

·     Assess which fuel standards to pursue in Washington (either standards passed in California, or those developed in other states or nations).

·     Develop strategies to reduce emissions from the transportation sector, including working with planning organizations in the largest counties to reduce per capita vehicle miles traveled.

·     Seek funds to implement a West Coast interstate electrification project and install public infrastructure for electric, high-efficiency, and low-carbon vehicles (although, unlike SB 5735, this directive does not specifically reference ports).

In addition to efforts to reduce Washington’s greenhouse gas emissions, the Governor’s order calls for preparing for some of the inevitable consequences of climate change. The Department of Ecology must evaluate potential impacts of sea level rise, more frequent inclement weather, coastal flooding, loss of wildlife habitat, and increased erosion. The order also calls for recommendations on how to prepare for anticipated changes in water resources due to the effects of climate change.

More information on Executive Order 09-05 is available at http://www.ecy.wa.gov/climatechange
/2009EO.htm
.

 

Issues Watch

Funding to Complete 20-Year Columbia Channel Deepening Project Secured

Sen. Patty Murray announced that a $26.6 million stimulus under the American Recovery and Reinvestment Act will enable workers to blast one last stubborn mile of river bottom, completing a long-sought project to deepen the Columbia River to 43 feet to accommodate bigger modern ships.

The completion of the project will have a critical economic impact, including more than 40,000 jobs in the region that depend on maritime commerce.

Southern California Clean Truck Program Clears Hurdle but Stumbles on Another

Two separate rulings were issued late last month in the ongoing battle surrounding the Clean Truck Program at the ports of Los Angeles and Long Beach.

Prompted by a 9th Circuit Court of Appeals decision in March, a federal judge temporarily suspended several key components of the Clean Truck Program, including the mandate that independent truck drivers become employees of trucking companies and that they have access to health care coverage. The ruling was a partial win for the American Trucking Association, which filed suit against the program in the summer of 2008. This latest ruling is preliminary, however. A full trial has been scheduled for December 15 of this year.

Also in late April, a federal judge ruled against a request by the Federal Maritime Commission (FMC) to halt the Clean Truck Program. That decision, considered a win for environmental and labor groups, rejected claims by the FMC that the program would reduce competition and cause economic harm by forcing out small trucking firms and independent drivers. The three-member FMC voted 2-1 in October of last year to file the lawsuit.  The terms of the two commissioners in support of the lawsuit expire next month and in June 2010, prompting speculation that a change of course could be in store for the regulatory agency. 

More information about the Clean Truck Program is available on the Port of Los Angeles website at www.portoflosangeles.org/
environment/ctp.asp
.

 

Knowing the Waters
by Robert Goodstein, WPPA Counsel

Do ports have the authority to operate power generation facilities, such as wind turbine or solar panel farms?

Port districts are limited in their powers to those which have been expressly conferred upon them by statute or reasonably implied or necessary to those powers.  State ex rel. Port of Seattle v. Superior Court, 93 Wn. 267 (1916).  The legislature has expressly given port districts power to “operate sewer or water utilities to serve its own property” and construct and operate “other facilities for the control or elimination of air, water, or other pollution.”  RCW 53.08.040.  This power is limited in that a port cannot enter into a contract to provide water/sewer utilities or pollution control facilities if substantially similar utilities or facilities are available from another source.  RCW 53.08.040.  This limitation also applies to ports’ general authority to engage in economic development programs under RCW 53.08.245.

Operating wind turbine and solar panel generation facilities are most likely incidental to the powers granted in RCW 53.08.040, but service is restricted to port district boundaries.  The statute gives ports the authority to operate certain utilities but, as a public entity, production is limited to the reasonable demands of the port’s own business operations.  See State ex rel. Hill v. Port of Seattle et al., 104 Wn 634 (1919).  Therefore, so long as a port’s power generation only provides power to its own facilities, it is likely that a port may operate wind turbine and solar panel farms within the port district.

As always, contact your local counsel with any questions regarding this issue.

 

Employment Opportunities

Engineering Director, Port of Olympia

Accounting Manager, Port of Vancouver, USA

 

 

Spring Meeting Focused on Challenges of the Economy

WPPA's Spring Meeting at the Pasco Red Lion received high remarks from participants for its focus on issues geared to help ports through our current recession. The varied presentations were geared for ports of all sizes, whether on the waterfront or with inland industrial property.

Wednesday's luncheon speaker, Rogers Weed, the new Director of the Dept. of Community, Trade and Economic Development was well received as he described ways he plans to lead his agency in partnering with ports to keep and recruit the business community in Washington state.

raha.jpgThursday's lunch speaker, Arun Raha, Ph.D., Chief Economist and Executive Director, Economic and Revenue Forecast Council provided a historical perspective on the economy and predicted a steady recovery beginning in the third quarter of 2009.

One of the highlights of the meeting was the report on the just-completed 2009 Legislative Session which featured limericks to lighten the results of the dismal “there’s no money” session. And the ever-popular Port Reports featured the ports of Ephrata, Longview and Skagit County.

Other sessions included tips for ports on how and when to provide rent relief to keep your struggling tenants, the success of using innovative partnerships to create an enology and viticulture center to aid the wine sector of the Walla Walla’s regional economy, and Paul Sorenson presented the 2009 Marine Cargo Forecast that offers reassurance that the cargo will come back. Roundtable discussions included a variety of topics from updating your comprehensive plan to harvesting rainwater.

warrenaccepting.jpgDuring the business meeting, the $1,500 Lewis R. Holcomb Scholarship was awarded to Kelsey Warren, daughter of Port of Columbia Commissioner Gene Warren. Kelsey plans to use her scholarship at Washington State University this fall.

This year’s Spring Meeting was the second of the new, shorter two-day format and comments both pro and con were again heard from attendees. We’re still working out the kinks of this new format and could use your help. Meeting attendees should have received an email survey from Zoomerang. It won’t take up much of your time and your responses will help us build a meeting better suited to your needs. If you attended the meeting and did not receive an email survey, please complete one online at: http://www.zoomerang.com/Survey/survey-intro.zgi?p=WEB228JZX2C9LX

Mark your calendars now for both the Annual Meeting, to be held November 18-20 at the Renaissance Hotel in Seattle, and next year’s Spring Meeting, which will be May 12-13 at Campbell’s Resort in Lake Chelan.

 

BARS Filings Due May 30, 2009

State law requires the State Auditor’s Office to prescribe Budgeting, Accounting, and Reporting Requirements (BARS) and requires local governments to file financial information within 150 days of the fiscal year end (RCW 43.09.230). 

Local governments that are late in meeting this filing deadline should expect that fact to be disclosed in the next audit report and published on the SAO’s Web site.  Annual financial reports for the fiscal year ended December 31, 2008, are due May 30, 2009.

Please refer to the Reporting Section of the applicable BARS manual or Reporting Package for detailed guidance regarding reporting requirements available at: http://www.sao.wa.gov/
LocalGovernment/BARS/Index.htm

If you need assistance or have questions regarding Annual Reports, please contact Duane Walz at (360) 725-5594 or walzd@sao.wa.gov

 

AAPA Port Operations, Safety and Information Technology Seminar

AAPA is conducting a biennial seminar that will focus on the integration and cooperation required among these three disciplines to meet increasing demands in a highly competitive port world. Participants will hear from various supply chain partners and port experts who will share their experiences and discuss innovative approaches to addressing these demands.

The seminar is June 10-12 at the Seattle Renaissance Hotel. AAPA is extending member registration rates to members of WPPA. For more information or to register go to: http://www.aapa-ports.org/Programs/seminarschedule.cfm?itemnumber=10715

 

Passings

Albert Anderson, Industrial Park Manager for the Port of Moses Lake, passed away earlier this month. 

Anderson was employed by the port for over 14 years.  As the port’s Industrial Development Manager and a board member of the Grant County Economic Development Counsel, Albert worked on many issues including Genie Industries’ move to Moses Lake and the Northern Columbia Basin Railroad Project.

A memorial service to celebrate his life will be held at 1:30PM May 29th at Benson Funeral Home, 5th and Division, Moses Lake.  Donations in lieu of flowers can be sent to The Edward R. Murrow College of Communication at Washington State University, PO Box 642520, Pullman, WA 99164.

 

Alan Harger, formerly with WSDOT and instrumental in past WPPA/WSDOT Marine Cargo Forecasts, also passed away this month.

The 1964 graduate of Bowling Green High School earned his Bachelor's degree at M.I.T. in 1969.

He worked several years for the Center for Policy Alternatives in Cambridge, MA. He retired in May 2008 after 25 years with the Dept. of Transportation, State of Washington.

A private service will be held for the family. Memorials may be sent to the American Cancer Society or South Sound Fly Fishers, c/o Burt Sarver, 2345 48th Ave. SW #4, Tumwater, WA 98512.

 

 

 

May 2009

 

 

Upcoming Events

 

June 16, 2009
BARS Reporting/
Training for GAAP Ports

Hilton Hotel, Vancouver

June 17-19, 2009
Finance and Administration Seminar
Hilton Hotel, Vancouver

July 9-10
Port Directors Seminar
The Resort at Port Ludlow

 

End of the Session Signals the Start of the Seminar Season

Having survived yet another grueling legislative session, your WPPA staff is now focused on bringing you the quality education programs you’ve come to expect. Dates and places have been set and the agendas are being created. Expect to see registration materials in your inbox about 45 days before the start of a seminar. Contact the WPPA offices if you’d like more information on any one of the programs listed below.

June 16, 2009: BARS Reporting/
Training for GAAP Ports
Hilton Hotel, Vancouver

June 17-19, 2009: Finance and Administration Seminar, Hilton Hotel, Vancouver
Registration materials for the 2009 Finance and Administration Committee Seminar are already posted online. This year’s seminar will focus on Ports and the Current Economy, and will include programs on GASB and public records. Make your room reservations by May 26 and plan to join us for this informative seminar.

July 9-10, 2009: Port Directors Seminar, Resort at Port Ludlow
The 2009 Executive Directors Seminar topics will include managing information overload in this age of instant communication and keeping morale up during lean budgets.

August 2009: Public Relations Seminar, SeaTac Airport
The Public Relations Seminar offers a great way for ports without a PR budget or staff to learn effective communication tools. This year’s seminar will focus on using the internet to reach your community, building a basic PR tool kit and dealing with angry constituents.

August 2009: Personal Services Contracting Training, SeaTac Airport

September 17-18, 2009: Trade & Economic Development Seminar, Marcus Whitman Hotel, Walla Walla
The Trade & Economic Development Seminar will focus on Washington’s New Innovation Economy – what it means and what role should ports play.

October 1-2, 2009: Environmental Committee Seminar, Sun Mountain Lodge, Winthrop
The Environmental Committee Seminar brings together environmental managers, consultants and policy leaders from around the Northwest to discuss issues of the day including sediment management, storm water, site cleanups and others.  This year promises to be especially dynamic given the changing regulatory environment on matters such as the Model Toxics Control Account (MTCA), the Puget Sound Partnership’s “green ports” initiative, and the Dredged Materials Management Program (DMMP) agencies’ recent proposal to change sediment standards.    

November 3-4, 2009: Northwest Marina Conference
Lake Washington Rowing Club, Seattle
The Marina Seminar, held in conjunction with the Northwest Marine Trade Association, promises to deliver information on the most pertinent topics for port marinas. Participants will hear from presenters on evolving best practices, state-of-the-art design, and recent challenges in the industry. The gathering is also an excellent opportunity to meet other marina managers and staff from across the state.

October 21, 2009:  Personal Services Contracting Training, Enzian Inn, Leavenworth

October 22-23, 2009: Small Ports Seminar, Enzian Inn, Leavenworth
The ever popular Small Ports Seminar remains the best value in our seminar series. This year’s event will cover updating comprehensive plans, an overview of public disclosure requirements for ports and port commissioners, the scavenger hunt for project funding, and other fun and exciting topics!

 

Port News
Port of Ridgefield Launches New Website

The Port of Ridgefield has launched a new and greatly improved Web site. The new site is designed to be the single location that constituents, potential clients, business partners and interested public can go to find all the information they need about the Port of Ridgefield. The new site can be found at www.portridgefield.org.

 “We are committed to providing the public with a multitude of ways to get informed and involved in Port business,” said Port Commissioner Joe Melroy.

OakTree web designers and developers of Portland, Oregon designed the new site.

Port of Everett Earns Vision 2040 Award for Mount Baker Terminal

The Puget Sound Regional Council (PRSC) recently awarded the Port of Everett’s Mount Baker Terminal project with a 2040 Transportation Vision Award.

Mount Baker Terminal is a new shipping facility that is designed to transport oversized aerospace cargo to Paine Field Airport. The facility currently accommodates aerospace parts from the 747, 767, and 777 airplanes. It could also be used as a backup transportation method for the 787 Dreamliner.

“Our staff invested countless hours to the timely completion of this project, and this facility has become something that the port and our community are extremely proud of,” Executive Director John Mohr said.

Bellingham’s Marine Park One of America’s Best Restored Beaches

The American Shore and Beach Preservation Association announced that the Port of Bellingham’s Marine Park is a winner of its 2009 Best Restored Beach Award.

The Marine Park beach restoration project was completed as part of larger Bellingham Bay-wide habitat restoration and beach access planning efforts, which have been underway since 1999. 

Owned and operated by the Port of Bellingham, Marine Park was one of the first restored beaches in the Bellingham area, and now provides year round public access to one of the most scenic and well used beaches within the city limits.

Port of Anacortes Presents Port Partner Awards

The Port of Anacortes presented its annual Port Partner Awards at the Waterfront Festival Kick-off Dinner.

The port established the Partner Awards in 2008. Dakota Creek Industries, the Department of Ecology,  Marc L. Estvold, AIA, and MAKERS Architecture and Urban Design were honored this year for partnering in service with the port to promote economic growth, environmental clean-up, and strategic planning.

Port of Walla Walla Awarded for Burbank Water System

The Washington State Department of Health has recognized the Port of Walla Walla with its "Going Above and Beyond Award" for the recently completed Burbank Business Park Water System.

The port embarked on a $3.5 million project to build a water system for its Burbank Business Park and neighboring entities. The port now supplies water to the Columbia School District, which allowed the district to stop using nitrate - contaminated wells.

Port Commission President Dr. Fred Bennett said, "While the port's mission is to create and retain jobs within the communities we serve, this is not possible without communities having a safe and reliable drinking water supply."

2006 Washington Public Ports Association. All rights reserved

PO Box 1518 * Olympia, WA 98507

360-943-0760 * 360-753-6176 FAX