SB 6047 — Concerning executive sessions by publicly owned natural gas utilities under the open public meetings act in order to comply with the climate commitment act.

S-4448.1S-3839.1 SUBSTITUTE SENATE BILL 6047 State of Washington 68th Legislature 2024 Regular Session By Senate State Government & Elections (originally sponsored by Senators Warnick, Boehnke, and Short)Short READRead FIRSTfirst TIMEtime 01/31/24.01/09/24.

ANReferred ACT Relating to executiveCommittee sessionson underState theGovernment open& publicElections. meetings act in order to comply with the climate commitment act;

AN ACT Relating to executive sessions by publicly owned natural gas utilities under the open public meetings act in order to comply with the climate commitment act;

The climate commitment act requires some publicly owned natural gas and electric utilities and other government agencies to obtain greenhouse gas allowances to coveroffset a portion of emissions.

Because the allowance auctions must be carefully regulated to guard against market interference, marketutilities participants are strictly prohibited from disclosing any information about how they plan to participate in a specific auction.

Investor-Investor-owned ownednatural gas utilities, which are governed by a private board of directors, are able to keep this information confidential.

In contrast, manypublicly publicowned agenciesnatural gas utilities are overseen by governingthe boardselected thatcity council and are subjecttherefore togoverned by the open public meetings act, which requires that deliberations be conducted in public.

ThisManagers actof allowspublicly theowned governingnatural bodygas ofutilities face a publicconflict agencybetween tothe meetmandates inof executive session to consider the informationclimate necessarycommitment act to complykeep withgreenhouse thegas climateallowance commitmentauction act'sbidding protectioninformation ofconfidential, alland informationthe necessaryopen topublic participatemeetings inact thewhich greenhouserequires gaspublic allowancedecision market.making.

This act allows the governing body of a public owned natural p.

1 SSBSB 6047 Sec.gas utility to meet in executive session to consider the information necessary to comply with the climate commitment act's protection of all information necessary to participate in the greenhouse gas allowance market.

Sec.

(g)p. To evaluate the qualifications of an applicant for public employment or to review the performance of a public employee.

However,2 subjectSB to6047 RCW(g) 42.30.140(4),To discussionevaluate bythe aqualifications governing body of salaries,an wages,applicant andfor otherpublic conditions of employment or to bereview generally applied within the agencyperformance shallof occur in a meetingpublic openemployee. to the public, and when a governing body elects to take final action p.

2However, SSBsubject 6047to RCW 42.30.140(4), discussion by a governing body of salaries, wages, and other conditions of employment to be generally applied within the agency shall occur in a meeting open to the public, and when a governing body elects to take final action hiring, setting the salary of an individual employee or class of employees, or discharging or disciplining an employee, that action shall be taken in a meeting open to the public;

(j) To consider, in the case of the state library commission or its advisory bodies, western library network prices, products, equipment, and services, when such discussion would be likely to adversely affect the network's ability to conduct business in a competitivep. economic climate.

3 SB 6047 competitive economic climate.

p.(l) To consider proprietary or confidential nonpublished information related to the development, acquisition, or implementation of state purchased health care services as provided in RCW 41.05.026;

3 SSB 6047 (l) To consider proprietary or confidential nonpublished information related to the development, acquisition, or implementation of state purchased health care services as provided in RCW 41.05.026;

(q) To consider in the case of a governing body of a publicly owned natural gas or electric utility or other government agency greenhouse gas allowance auction bidding information that is prohibited from releasepublic or disclosure under RCW 70A.65.100(8).70A.65.100.

4 SSBSB 6047