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Home My WebLink Aboutord2016-031WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016 256 CLEARANCES Initial Date Date Received in Council Office A ends Date Assign d to: Originator: 8/9/2016 Division Head: De t. Head: Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT. Emergency ordinance imposing moratorium - Cherry Point ATTACHMENTS: Emergency Ordinance SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Emergency ordinance imposing a moratorium on the acceptance and processing of applications and permits for new or expanded facilities in the Cherry Point Urban Growth Area, the primary purpose of which would be the shipment of unrefined fossil fuels not to be processed at Cherry Point COMMITTEE ACTION.• COUNCIL ACTION: 8/9/2016: Amended and adopted 7 -0, Ord. 2016 -031 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Ord. 2016 -031 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us /council. PROPOSED BY: SPONSORED BY: INTRODUCTION DATE: 8/9/2016 ORDINANCE NO. 2016 -031 (EMERGENCY ORDINANCE) IMPOSING A MORATORIUM ON THE ACCEPTANCE AND PROCESSING OF APPLICATIONS AND PERMITS FOR NEW OR EXPANDED FACILITIES IN THE CHERRY POINT URBAN GROWTH AREA THE PRIMARY PURPOSE OF WHICH WOULD BE THE SHIPMENT OF UNREFINED FOSSIL FUELS NOT TO BE PROCESSED AT CHERRY POINT WHEREAS, on July 12, 2016, the county received a letter from Chairman Ballew of the Lummi Business Council which included the statement that they "hope that the amendments to the Comprehensive Plan not unfairly impact the current employers within Cherry Point. "; and WHEREAS, the County Council previously adopted Title 20- Zoning of Whatcom County Code which regulates land use within unincorporated areas of Whatcom County; and WHEREAS, the County Council adopted the Whatcom County Comprehensive Plan on May 20, 1997, which contains goals, objectives and policies regarding land use compatibility and environmental considerations; and WHEREAS, the Whatcom County Council is currently updating the Whatcom County Comprehensive Plan as required by Revised Code of Washington 36.70A; and WHEREAS, the Whatcom County Council has received hundreds of individual public comments requesting the Comprehensive Plan be amended to discourage unrefined fossil fuel transshipment, transport, and transfer from Cherry Point to protect the health of Whatcom County's environment and residents; and WHEREAS, the County recognizes that the existing refineries have for decades been significant shippers of refined fossil fuels such as jet fuel and calcined coke used in manufacture of aluminum while providing substantial local employment; and WHEREAS, the refining of fossil fuels at Cherry Point provides high wage jobs which could be lost if the existing refineries were converted to crude oil export facilities; and WHEREAS, the Whatcom County Council has requested the Whatcom County Planning Commission review language that would discourage new development that would primarily facilitate the shipment of unrefined fossil fuels not to be processed at Cherry Point; and WHEREAS, multiple trains carrying crude oil from the Bakken formation moving through the United States and Canada have derailed and exploded causing damage to property and the environment, one derailment caused significant fatalities; and WHEREAS, a unit train carrying Bakken crude traveling through Mosier, Oregon, on June 3, 2016, derailed and exploded causing damage to property and the Columbia River, demonstrating that recently adopted state and federal policies and corporate investment intended to reduce the risks associated with oil by rail have proven insufficient to protect communities along the rail corridor; and WHEREAS, in the last two years, two trains carrying diluted bitumen (oil products derived from tar sands and diluent) derailed and exploded en route to refineries in the United States; and WHEREAS, the Washington State Department of Natural Resources has designated waters adjacent to the Cherry Point Urban Growth Area as an aquatic reserve to ensure long- term protection of this unique aquatic environment; and WHEREAS, the United States recently lifted a ban on the export of crude oil from the country, increasing pressure on deep water ports such as Cherry Point to develop into crude export terminals; and WHEREAS, existing refineries at Cherry Point have recently increased their ability to accept crude oil by rail by constructing new rail offloading facilities to serve the refineries; and WHEREAS, existing and proposed pipeline facilities have increased, or proposed to increase, their capacity to move crude oil, diluted bitumen, and natural gas to Cherry Point; and WHEREAS, Title 20 currently does not explicitly prohibit transshipment, transport, and transfer of unrefined fossil fuels and construction of infrastructure to facilitate expanded shipment of unrefined fossil fuels not to be processed at Cherry Point; and WHEREAS, according to the June 27, 2016 Land Capacity Analysis report produced by Planning and Development Services, Cherry Point contains only 1,072.6 acres of developable land that is zoned Heavy Impact Industrial (HII) for the purposes of "supplying a reasonable amount of land, commensurate with demand, for the location and grouping of heavy impact industrial uses" and to "minimize the scope of impacts generated within the HII District and to provide protection for nonindustrial districts situated outside thereof..." (WCC 20.68.010); and WHEREAS, expansion of existing facilities for purposes of shipping unrefined fossil fuels not to be processed at Cherry Point will increase the transport of dangerous fuels through our community and increase the risk of possible derailment, spills, explosions, and the fallout will pose a serious threat to the community; and WHEREAS, pursuant to the Washington State Constitution, the general police powers granted to counties empower and authorize Whatcom County to adopt land use controls to provide for the regulation of land uses within the County and to provide that such uses shall be consistent with applicable law; and WHEREAS, the County Council finds that the interim moratorium imposed by this ordinance is necessary for the protection of public health and safety; and WHEREAS, it is necessary to have this ordinance take effect immediately in order to prevent development application from vesting under current law and thus subverting the purpose of the proposed update to the policies and regulations for Cherry Point; and WHEREAS, the Whatcom County Charter limits an emergency ordinance not to exceed 60 days from the effective date of adoption, and WHEREAS, the Whatcom County Council is required by RCW 36.70A.390 to hold a public hearing within sixty (60) days of passage of this ordinance. WHEREAS, the County Council fully recognizes the limits to its authority over transportation of certain goods imposed by federal statutes and the US Constitution, and finds that this action is within its authority; NOW, THEREFORE, BE IT ORDAINED that the Whatcom County Council adopts the above "WHEREAS" recitals as findings of fact in support of its action as required by RCW 36.70A.390 BE IT FURTHER ORDAINED by the Whatcom County Council that an emergency moratorium is hereby imposed prohibiting the filing, acceptance, and processing of new applications for conversion of land or water, new building or structure permits, or other County permits or authorizations in the Cherry Point Urban Growth Area for new or expanded facilities whose purpose is to facilitate the increased shipment of unrefined fossil fuels not to be processed at Cherry Point, unless the applications: 1. Were filed and complete prior to the effective date of this ordinance and vested pursuant to Washington statutes; 2. Are for building permits for remodels, maintenance, or repairs of existing structures where no increased capacity for shipping unrefined fossil fuels not to be processed at Cherry Point will result; or 3. Are necessary to protect health and safety of the community. BE IT FURTHER ORDAINED that the Whatcom County Council finds that a public emergency exists necessitating that this emergency ordinance shall take effect immediately and shall expire as of the sixty -first (61st) day following the date on which this ordinance becomes law, unless previously repealed or extended. BE IT FURTHER ORDAINED that if a section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason by any court of competent jurisdiction; such decision shall not affect the validity of the remaining portions of this ordinance, and if the provisions of this ordinance are found to be inconsistent with other provisions of the Whatcom County Code, this ordinance shall control. BE IT FURTHER ORDAINED that for the purpose of this ordinance the definition of "unrefined fossil fuel" includes but is not limited to all forms of crude oil whether stabilized or not; raw bitumen, diluted bitumen, or syncrude; coal; methane, propane, butane, and other "natural gas" in liquid or gaseous formats; and condensate; BE IT FINALLY ORDAINED that for the purpose of this ordinance, the definition of "facility" includes but is not limited to piers, wharfs, buildings, tank farms, pipelines, rail loading and offloading facilities, road spurs, or any other such physical infrastructure intended to receive, transfer, or store unrefined fossil fuels; APPROVED this Stn day of August , 2016. � },,SS►srrrrr�� ATTEsp:, "�" I Y C pr''''y, ;rHArc.o.,J/ ` ".-i to BCown Davls, e k 6f thi Council UU STATE p 9 j i ! N G i `\ APPRi&YED A'9 TO'PORM�,�`�1 " ,r,�'`rlJllrl'i ;S�E11111 WHATCOM COUNTY COUNCIL TCOM C IN Y, W HINGTON Bar S chanan, Council Chair WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHIjJG' Civil Deputy Prosecutor jaek OqWs, County Executive (ProTempore)* ( Approved( ) Denied Date Signed: f'j *Per Whatcom County Code 2.02.070 (B) Chair of the council shall act as executive pro tempore in the absence of the regular executive pro tempore