January 28, 2018

The Puget Sound Partnership's Legislative Update highlights issues related to our region's work to protect and recover Puget Sound.

• The 90-day 2018 regular Legislative Session runs from January 8 to March 8, 2018.
• Puget Sound Legislative Updates are posted on the Partnership's website.
• View the Puget Sound Partnership's 2018 Legislative Agenda.
• Find up-to-date legislative information online.
• Watch or listen to hearings and work sessions online.
• Connect with the Puget Sound Partnership for breaking news and other events affecting Puget Sound on Twitter @PSPartnership and Facebook @PugetSoundPartnership.

If you have questions or concerns about the legislative priorities for the Puget Sound Partnership, please contact: Jeff Parsons, Legislative Policy Director, 360.999.3803.

Cutoff calendar for 2018 session established

Among the Legislature’s first duties was adopting a session cutoff calendar, which established the following deadlines:

• February 2. Last day for policy committees to pass bills in their house of origin.
• February 6. Last day for fiscal committees to pass bills in their house of origin.
• February 14. Last day for each house to pass bills out of their house of origin.
• February 23. Last day for policy committees to pass bills originating in the opposite house.
• February 26. Last day for fiscal committees to pass bills originating in the opposite house.
• March 2. Last day for each house to pass bills originating in the opposite house.

After 5 p.m. on March 2, the only items that may continue to be considered by the Legislature are initiatives and alternatives to initiatives; budgets and matters necessary to implement budgets; matters that affect state revenue; measures pertaining to amendments; matters of differences between the two houses; and matters incident to the interim and to the closing of the session.

Legislature passes Hirst compromise and Capital Budget

The biggest news of the legislation session so far is passage of a Capital Budget January 18. The Legislature was unable to adopt a Capital Budget in 2017, so passage of a Capital Budget became the highest priority for the Puget Sound Partnership for the 2018 session.

The Legislature’s inability to pass a Capital Budget last year was due to the insistence by Republican legislators on passage of a so-called “Hirst fix” before a Capital Budget vote would be considered. The Hirst fix refers to legislation intended to solve problems resulting from the Hirst decision, a State Supreme Court ruling that has been preventing local governments from issuing building permits for dwellings that rely on wells for water where the local government cannot certify the legal availability of that water.

Before passing the Capital Budget bill last week, both houses of the Legislature passed Engrossed Substitute SB 6091, a compromise bill addressing the Hirst decision. The bill is detailed and complex—a summary is included in the House Bill Report, available on the state’s Legislative Information website, leg.wa.gov. In addition, the Washington Department of Ecology offers information on their website about the legislation and how it will be implemented. One important feature of the bill is an expression of the Legislature’s intent to appropriate $300 million for projects to achieve the goals of the act until June 30, 2033.

The version of the Capital Budget that passed (Second Substitute SB 6090) includes appropriations for the following priorities of the Partnership:

• Stormwater Financial Assistance Program: $55.1 million
• Puget Sound Acquisition and restoration Program: $40 million
• Estuary and Salmon Restoration Program: $8 million
• Salmon Recovery Funding Board: $19.7 million, in state funds; $50 million, in federal funds
• Fish Passage Barrier Removal Board: $19.75 million
• Family Forest Fish Passage Program: $5 million
• Washington Wildlife and Recreation Program: $80 million

In addition, the bill includes $20 million for the Department of Ecology to fund watershed restoration and enhancement projects as part of the Hirst compromise.

Senate reviews gubernatorial appointments

By statute, the Puget Sound Partnership is led by a Leadership Council composed of seven members appointed by the Governor, with the advice and consent of the Senate. In connection with this advice and consent role, the Senate Energy, Environment and Technology Committee held a hearing January 9 on the appointments of Jay Manning, Deborah Jensen, and Russ Hepfer to the Leadership Council. Last year, the same committee conducted a public hearing on Dennis McLaren’s appointment. The Committee approved resolutions with Do Pass recommendations for the confirmation of all four Leadership Council members. 

The resolutions for Russ Hepfer, Deborah Jensen, and Jay Manning have been placed on the Senate Conformation Calendar and are awaiting action by the full Senate. The resolution for Dennis McLerran is now in the Senate Rules Committee, awaiting scheduling for action by the full Senate.

House considers legislation to protect fish habitat

Any construction project that would use, divert, obstruct, or change the natural flow or bed of any of the salt or fresh waters of the state requires a Hydraulic Project Approval (HPA) issued by the Washington Department of Fish and Wildlife (WDFW) to ensure the proper protection of fish life. Current law states that the WDFW may levy a civil penalty of up to $100 per day for violations of a permit or may seek criminal prosecution. But WDFW has determined that the size of the fine is an ineffective deterrent to violations, and criminal convictions are difficult to obtain.

House Bill 2337 seeks a remedy to this situation. Introduced by Rep. Fitzgibbon, HB 2337 authorizes WDFW to issue a stop-work order if there is a violation of the Hydraulic Code or of WDFW's rules, if there is a deviation from the HPA, or if immediate action is necessary to stop or avoid material damage to fish life. The stop-work order may require that the person stop all work connected with the violation until corrective action is taken.

The bill also authorizes WDFW, after first seeking voluntary compliance, to asses a penalty of up to $10,000 for every violation of the Hydraulic Code or rules implementing the Code that occurs at or below the ordinary high-water line.

The House Agriculture & Natural Resources Committee conducted a public hearing on HB 2337 Jan. 11 and considered it again in executive session. The Partnership testified in support. The committee has taken no further action on the bill. 

Budget proposal includes funding for steelhead study

Juvenile Puget Sound steelhead experience high mortality rates, and the causes are not well understood. The Partnership supports a $790,000 request in the Governor’s 2018 Supplemental Operating Budget (HB 2299 and SB 6032) for WDFW to complete the third and final phase of research that tests management strategies and develops a plan to reduce the mortality rates and improve survival.

Proposed legislation addresses finfish aquaculture

In the aftermath of the escape of more than 300,000 Atlantic salmon from a collapsed net pen near Cypress Island last year, the Governor ordered a moratorium on any new net pens permits until the findings of an investigation of the incident can be completed.

The Legislature is considering legislation to phase out or immediately ban Atlantic salmon net pens in Washington state. The Senate Agriculture, Water, Natural Resources, and Parks Committee conducted a public hearing on Jan. 9 to consider Senate Bill 6086, sponsored by Sen. Ranker and others. The bill prohibits the Department of Natural Resources (DNR) from entering into a new, or renewing or extending an existing, lease or use authorization that involves marine finfish aquaculture of Atlantic salmon or other nonnative finfish. It also prohibits the WDFW and Ecology from authorizing or permitting activities or operations involving marine finfish aquaculture of Atlantic salmon or other nonnative finfish after the expiration date for an existing aquatic lands lease. The Committee passed a proposed substitute version of the bill, which is now in the Senate Ways & Means Committee for fiscal review. The Committee conducted a public hearing on the bill January 25.

On January 18, the House Agriculture & Natural Resources Committee held a hearing on two more bills that address Atlantic salmon net pens. House Bill 2260 would prohibit the spawning, incubation, and cultivation of Atlantic salmon in marine waters regulated by the state. House Bill 2418 would reduce the impacts of nonnative finfish aquaculture by delaying construction of new nonnative finfish aquaculture facilities until thorough study, including structural analysis of existing facilities, is complete. Both bills remain in the House Agriculture & Natural Resources Committee.

House considers bill to remove fish passage barriers

House Bill 2902, sponsored by Rep. Wilcox, appropriates $50 million to WDFW for fish passage barrier removal projects. Among other stipulations, the bill requires coordination with the Puget Sound Partnership to capture priorities embodied in the Puget Sound Action Agenda.

The bill also requires the Fish Barrier Removal Board to make reports to the Legislature by December 1 of each year on progress toward the goal of quickly, efficiently, and expansively opening fish habitat.

The bill received a public hearing in the House Agriculture & Natural Resources Committee on January 25. The Partnership testified in support of the goal of this bill. However, the funding for the bill is not included in the Governor’s budget and, therefore, the Partnership cannot take an official position on the bill.  

Orca protection and recovery legislation considered

To stop further declines in the Southern Resident orca population, the Partnership supports measures to address the three primary factors threatening this population: prey availability, legacy and on-going toxic contaminants, and disturbance from noise and vessel traffic. These factors are addressed in the Governor’s 2018 Supplemental and Capital Budgets as follows:

• $3.1 million in the Governor’s 2018 Supplemental Operating Budget (HB 2299 and SB 6032) for the WDFW to take action to address the limiting factors for Southern Resident orca recovery, including increasing the production of Chinook salmon at hatcheries, improving habitat for Chinook salmon recovery, reducing sea lion and harbor seal predation on Chinook salmon, increasing enforcement of vessel regulations, preparing oil spill plans to protect orca whales, and conducting education and outreach. Funding is also provided for WDFW to support the Southern Resident Orca Task Force expected to be created by the Governor.
•  $5.7 million in the Governor’s 2018 Supplemental Capital Budget (HB 2395 and SB 6095) for WDFW to support Southern Resident orca recovery, including $4.9 million for the design and construction phases for rebuilding the Samish River intake at Samish Hatchery to comply with current fish passage and fish screening requirements; and $825,000 to replace fish screens, well development at Samish Hatchery, and pipeline discharge extension at Ringold Hatchery.

House Bill 2417, sponsored by Rep. Blake, appropriates $1.55 million to WDFW for hatcheries to increase production of Chinook and other salmon species by 10 million and establishes an Orca Recovery Task Force. The House Agriculture and Natural Resources Committee conducted a public meeting on the bill January 23 and approved a Do Pass recommendation. The bill has been referred to the House Appropriations Committee.

Senate Bill 6268, sponsored by Sen. Ranker, creates the Orca Protection Act, which would accomplish the following:

• Establishes minimum requirements for marine-based education and enforcement patrols by WDFW during peak orca viewing season.
• Extends existing restrictions on vessels approaching within 200 yards of an orca to also include aircraft and drones.
• Prohibits a person from exceeding a speed of seven knots within 400 yards of a Southern Resident orca.
• Requires a study on orca impacts caused by human-generated marine noise, and a meeting on coordination of recovery strategies between Washington state and British Columbia.

The Senate Agriculture, Water, Natural Resources, and Parks Committee conducted a public hearing on SB 6268 January 23; the Partnership testified in support. The bill is scheduled for executive session Feb. 1.

Partnership testifies in support of oil transportation safety bill

SB 6269, sponsored by Sen. Ranker at the request of Ecology, would strengthen oil transportation safety in the Salish Sea through a series of actions, as summarized in the Senate Bill Report, available on the legislative information website. The Senate Committee on Energy, Environment & Technology conducted a public meeting on the bill Jan. 25. The Partnership testified in support. Ecology offers a fact sheet on SB 6269 on their website.