February 21, 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.

Last day of Legislative Session approaches

The 2018 regular session of the Washington State Legislature convened January 8, 2018. The session is constitutionally limited to 60 consecutive days, which means that March 8 will be the last day.

The legislatively adopted Session Cutoff Calendar established the following upcoming deadlines for specified action:

• 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 this day, the Legislature will consider only initiatives, alternatives to initiatives; budgets; matters “necessary to implement budgets”; revenue matters; matters pertaining to differences between the two houses; and matters incident to the interim and to the closing of the session

February 14, was the last day for each house to pass bills out of their house of origin. 

Hirst compromise addresses instream flows

As reported in January’s Legislative Update, in a negotiated agreement that led to passage of the Capital Budget earlier this session, the Legislature passed Engrossed Substitute SB 6091, a bill addressing the Hirst decision. The Hirst decision is a State Supreme Court ruling that has been preventing local governments from issuing building permits for dwellings that rely on well water where the local government cannot certify the legal availability of that water. The compromise bill includes policies that could affect instream flows of Puget Sound salmon-bearing rivers. An instream flow is a water right for a stream and the resources that depend on it. The compromise bill, signed into law by the Governor on January 19, includes the following components:

• Requires updating of watershed plans in seven Water Resource Inventory Areas (or WRIAs) with instream flow rules adopted by the Department of Ecology (Ecology), including WRIAs 1 (Nooksack); 11 (Nisqually); 22 (Lower Chehalis); 23 (Upper Chehalis); 49 (Okanogan); 55 (Little Spokane); and 59 (Colville).
• Requires the development of watershed restoration and enhancement plans in eight WRIAs with instream flow rules adopted by Ecology, including WRIAs 7 (Snohomish); 8 (Cedar-Sammamish); 9 (Duwamish-Green); 10 (Puyallup-White); 12 (Chambers-Clover); 13 (Deschutes); 14 (Kennedy-Goldsborough); and 15 (Kitsap).
• Expresses the Legislature’s intent to appropriate $300 million for projects to achieve the goals of this act until June 30, 2033. The bill directs Ecology to coordinate the development and implementation of plans to restore stream flows to levels necessary to support robust, healthy, and sustainable salmon populations.

Supplemental budgets include funding for orca recovery, steelhead study

The state’s Biennial Operating Budget was adopted last year, so this year’s Legislature is being asked to adopt a Supplemental Operating Budget and a Supplemental Capital Budget. The following budget bills are receiving public hearings and committee consideration this week:

HB 2299 and SB 6032. Governor Inslee’s Supplemental Operating Budget request for 2017–2019 includes the following elements supported by the Partnership:

• $2.23 million in federal funding authorized for expenditure by the Partnership. The authorization also permits the addition of two full-time staff.
• $3.1 million to the Washington Department of Fish and Wildlife (WDFW) to address the limiting factors for Southern Resident orca recovery and to support a task force, expected to be established soon by the Governor.
• $790,000 to the WDFW to complete a final phase of the early marine steelhead survival study, which tests management strategies and develops a plan to reduce mortality rates and improve survival.

HB 2395 and SB 6095. Governor Inslee’s Supplemental Capital Budget request for 2017–2019 includes the following elements supported by the Partnership:

• $14.6 million to Ecology for stormwater retrofit projects. Preventing pollution from stormwater runoff is one of three strategic initiatives to recover Puget Sound. Preventing such pollution also addresses one of the main threats to Southern Resident orca recovery.
• $5.7 million to the WDFW for hatchery upgrades to produce more salmon in support of Southern Resident orca recovery.

The latest State Revenue Forecast estimates additional revenue of $628 million for the current biennium and $660 million for the next biennium. With this information in hand, fiscal committee chairs have produced their own supplemental operating and capital budgets for consideration by their respective committees this week.

Efforts to address orca recovery underway

The Governor plans to soon announce an Executive Order establishing a task force that will develop a strategy to address three primary factors threatening the endangered Southern Resident orca: prey availability, toxic contaminants, and vessel traffic noise. While the Governor’s 2018 Supplemental and Capital Budgets includes funding to begin addressing these threats, both houses of the legislature also considered bills to protect and recover orca. Unfortunately, HB 2417 remains in the House Appropriations Committee and is likely dead. SB 6268, the Orca Protection Act, was “held” on the Senate Third Reading Calendar as time expired for consideration of bills in their house of origin; the bill is likely dead. 

Bills seek to address oil transportation safety

SB 6269, sponsored by Sen. Ranker at the request of Ecology, would strengthen oil transportation safety in the Salish Sea by increasing the barrel tax on oil from 4 cents to 6 cents per 42-gallon barrel and by extending the tax to oil shipped by pipeline. The bill would also

• Require a review and report on vessel traffic safety in northern Puget Sound
• Establish a Salish Sea Shared Waters Forum with Canada
• Require an update of contingency plans to address spills where oil may sink or submerge in water
• Require a large-scale oil spill drill every 3 years

The Partnership testified in support of the bill at a January 25 public hearing, conducted by the Senate Committee on Energy, Environment & Technology, and again on February 15 before the Senate Ways & Means Committee. The Partnership’s testimony included a request to the committee to reinstate the barrel tax rate increase, which had been removed in the version passed by the policy committee.

2SHB 1611, introduced in the 2017 session, also addresses oil transportation safety. As the legislature adjourned last summer, the bill had stalled in the House Rules Committee, but on February 8, 2018, it was placed on the House Second Reading Calendar. Similarly to SSB 6269, this bill extends the barrel tax to oil shipped by pipeline. It also increases the Oil Spill Administration Tax rate from 4 cents to 6.5 cents; requires rule-making by the Board of Pilotage Commissioners to require tug escorts for oil-laden vessels in Puget Sound; requires updates to oil refinery spill prevention and contingency plans to address the handling of crude oil for export; and eliminates the automatic suspension of the barrel tax when receipts exceed $9 million. 

Status of other legislation related to Puget Sound protection and recovery

Fish passage barrier removal

• HB 2902. Appropriating $50 million for fish passage barrier removal. The bill passed the House Agriculture & Natural Resources Committee and is now in the House Appropriations Committee. It is likely dead for this session, unless it is considered exempt from the cutoff resolution as being “necessary to implement the budget.”

Fish habitat protection

• HB 2337. Concerning civil enforcement of construction projects in state waters. The bill received a public hearing in House Agriculture & Natural Resources Committee January 15 but failed to move out of committee; it is therefore dead for this session.

Addressing Atlantic salmon net pens

• SB 6086. Protecting the state's marine waters from the release of nonnative finfish from marine finfish aquaculture sites. The Senate passed 2SSB 6086 by a vote of 35-12, and it has been assigned to the House Agriculture and Natural Resources Committee, where it is scheduled for a public hearing on February 22. The Second Substitute version of the bill phases out marine finfish aquaculture of only Atlantic salmon.
• HB 2260. Prohibiting the spawning, incubation, and cultivation of Atlantic salmon in the marine waters regulated by the state. The bill received a public hearing on January 18, 2018, in the House Committee on Agriculture & Natural Resources, but no further action was taken.
• HB 2418. Reducing 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. The bill received a public hearing on January 18, 2018, in the House Committee on Agriculture & Natural Resources, but no further action was taken.
• HB 2957. Reducing escape of nonnative finfish from marine finfish aquaculture facilities. The House passed HB 2957 with a striking amendment 67-31. The striker phases out nonnative marine finfish aquaculture, requires a study, and states intent to revisit the issue. The bill received a public hearing in the Senate Committee on Agriculture, Water, Natural Resources & Parks on February 19; executive session is scheduled for February 22.

Onsite septic systems

• HB 1476. Ensuring safe, reliable onsite septic systems in marine counties by identifying best management practices in onsite septic system program management plans without creating a fee or other funding source. Because this bill encompasses an unfunded mandate, the Partnership cannot support it. The bill passed the House 62-32 and is now in Senate Energy, Environment & Telecommunications)
• HB 2420. Establishing requirements related to state Board of Health rules addressing the repair and inspections of onsite sewage systems. The House passed engrossed first substitute, 96-1, and the bill is now in Senate Energy, Environment & Telecommunications.

Toxics

• HB 2634. Concerning use of antifouling paints on recreational water vessels. The bill passed the House 98-0 and is now with Senate Energy, Environment & Telecommunications.
• SB 6333. Concerning the use of antifouling paints on recreational water vessels. The bill died on the Senate Second Reading Consent Calendar.
• HB 2658. Concerning the use of perfluorinated chemicals in food packaging. The House passed first engrossed substitute, 56-41, and the bill is now with Senate Agriculture, Water, Natural Resources & Parks.
• SB 6396. Concerning the use of perfluorinated chemicals in food packaging. The bill died on the Senate Second Reading Calendar.
• SB 6285. Creating the hazardous substance tax stabilization act. The bill died in the Senate Energy, Environment & Telecommunications Committee.
• SB 6422. Cleaning up toxic substances from Washington's marine waters. The bill died in the Senate Energy, Environment & Telecommunications Committee.
• SB 6463. Providing tiered tax on possession of hazardous substances to provide for current program's immediate needs and a more stable source of revenue in future. The bill died in the Senate Energy, Environment & Telecommunications Committee.

Growth Management Act (GMA)/State Environmental Policy Act (SEPA)

• HB 1740. SEPA appeal exemptions for affordable housing development around transit stations. The bill died on the House Second Reading Calendar.
• HB 1987. Increased density for developments on property owned by religious organizations. The House passed a second substitute, 74-24.
• HB 2133. Omnibus permitting process for forest and agricultural manufacturing; also makes changes to agricultural lands. The bill died in the House Appropriations Committee.
• HB 2503. Allows accessory dwelling units to be placed anywhere (within or without urban growth areas). The bill died in the House Community Development, Housing & Tribal Affairs Committee.
• HB 2942. Requiring planning for the availability of mineral resources. The bill died in the House Rules Committee.
• SB 6312. Annexation of unincorporated islands. The bill died in the Senate Rules Committee.
• SB 6328. Defining best available science for the purposes of designating fish and wildlife habitat conservation areas. The bill died in the Senate Local Government Committee.
• SB 6347. Extending the Multi-Family Tax Exemption to all cities/towns, allowing anyone to zone an RTA―“residential targeted area.” The Senate passed a first substitute, 43-4.
• SB 6516. Allowing extension of urban sewer for economic development. The bill died in the Senate Rules Committee.