February 12, 2019

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

The 2019 State Legislative session began January 14, 2019, and runs 105 consecutive days until April 28, 2019. 

• Puget Sound Partnership Legislative Updates are posted on the Partnership's website.
• Find up-to-date legislative information online.
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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.

2019 Puget Sound Partnership Legislative Agenda

The Partnership’s 2019 Legislative Agenda supports implementation of the Puget Sound Action Agenda and reflects priorities that were established in collaboration with our partners, as well as aligning with the Governor’s operating and capital budget requests and the findings and recommendations of the Southern Resident Orca Task Force. Read the full document here.

Orca Task Force co-chairs participate in House Capital Budget Committee work session

Southern Resident Orca Task Force co-chairs, Stephanie Solien and Les Purce, appeared before the House Capital Budget Committee on Tuesday, January 22, to present the Task Force's Year 1 Report and Recommendations. 

The co-chairs gave an overview of the history and the work of the Southern Resident Orca Task Force and outlined actions to address the three main threats facing orcas: prey availability, toxic contaminants, and vessel disturbance. Watch the work session here.

Budget Proposals

This is the session where the Legislature must adopt an operating budget for the 2019-2021 Fiscal Biennium, which begins July 1, 2019. They may also adopt a capital budget, but that is not mandatory. The Governor’s budget proposals automatically become the official agency position of the Puget Sound Partnership and all other cabinet agencies (those whose directors are appointed by and report to the Governor). 

The Office of Financial Management (OFM) has stated that all operating budget enhancements above maintenance level will require passage of revenue enhancement legislation. Also, by formula, the size of the capital budget is dictated, in significant part, by the state’s bond capacity. This, in turn, is dictated by the amount of general state revenue collections during the three previous years. In other words, the size of the capital budget would be increased by passage of general state revenue enhancements.

The Governor’s operating budget (HB 1109, SB 5153) for the Puget Sound Partnership includes the following enhancements:

• Promote accountability measures: $834,000 from the state's General Fund (GF-S) in ongoing funding and 2.6 full-time equivalent (FTE) staff are provided to evaluate programs, actions, investments, and organizations related to Puget Sound recovery. This funding will increase accountability and effectiveness across the network of recovery partners. This item responds to recommendations from the Joint Legislative Audit and Review Committee (JLARC).
  
  

• Restore Puget Sound salmon runs: $977,000 (GF-S) in one-time funding and 1.2 FTE staff are provided to coordinate updates to the outdated Puget Sound Salmon Recovery Plan for Chinook salmon, provide support for adaptive management of local watershed chapters, and advance regional work on salmon and ecosystem recovery through Local Integrating Organizations (LIOs). This work will identify the most effective actions for Chinook salmon recovery based on the latest science, serve as a guide to future recovery investments, and support Southern Resident orca recovery. Includes:
• $328,000 and 1.2 FTE staff to coordinate updates for Puget Sound Salmon Recovery Plan and a portion of time for a Communication Specialist
• $560,000 for contract services to enable local watersheds support for adaptive management of local watershed chapters and advance regional work on salmon and ecosystem recovery through LIOs
• $50,000 ($5,000 per LIO) for the role of LIOs related to the previous bullet
• $40,000 for contract services for an expert to consult, coach, and provide technical assistance to watershed chapters and LIOs
  
  

• Monitoring to accelerate recovery: $1,296,000 (GF-S) in ongoing funding and 1.2 FTE staff is provided to increase capacity and support to achieve the essential functions of a coordinated monitoring and assessment program. The improvements outlined below will inform and support more effective, efficient, and accountable actions and investments to recover Puget Sound. This item responds to a recent JLARC report that recommended correction of deficiencies in the agency's monitoring program, including the need to expand the scope of the program to improve access to credible information, directly link scientific findings to management decisions, measure progress, assess effectiveness, support inclusive and comprehensive science, and provide transparency. Improvements include:
• $450,000 to conduct assessments and develop products to link scientific findings directly to management decisions (such as, effectiveness of recovery actions, syntheses that inform priority activities)
• $300,000 for projects to identify and fill information gaps to enable evaluation of the effectiveness of efforts and measurement of progress toward achieving recovery goals
• $200,000 for communications products that will enable local and regional decision-makers to make informed decisions based on a clear understanding of the best available science
• $346,370 and 1.2 FTE for a Puget Sound Ecosystem Monitoring Program (PSEMP)Coordinator to strategically link the expertise and information within the monitoring network to the planners, implementers, and decision-makers working to recover Puget Sound
  
  

• Puget Sound Scientific Research: $2,222,000 (GF-S) in ongoing funding and 1 FTE staff are provided for a competitive, peer-reviewed process for soliciting, prioritizing, and funding research projects designed to advance scientific understanding of Puget Sound recovery. Solicitations and project selection for effectiveness monitoring will be organized and overseen by the PSEMP. Initial projects will focus on implementation and effectiveness of Chinook salmon recovery efforts, effectiveness of actions to restore shellfish beds, and implementation of priority studies of the Salish Sea Marine Survival Project. Includes:
• $342,000 and 1.2 FTE for Deputy Science Director
• $510,000 for effectiveness monitoring of Chinook salmon recovery
• $1.2 million for the Salish Sea Marine Survival Project
• $170,000 for effectiveness monitoring of shellfish bed recovery
  
  
  
• Southern Resident Orca Task Force vessel workgroup support: $326,000 (GF-S) in one-time funding and 1.2 FTE staff are provided for support to the Southern Resident Orca Task Force vessel workgroup responsible for researching and recommending actions necessary to reduce the negative effects of vessel noise and disturbance on Southern Resident orcas.
  
  

Status: The Senate Ways & Means Committee held a public hearing on SB 5153, and the House Appropriations Committee held a public hearing on HB 1109. The next step is for the chairs of both committees to develop their own budget proposals for consideration by their respective committees. This budget development process is taking place between now and late March.

The Office of Financial Management's capital budget (HB 1102, SB 5134) proposal includes the following requests.

NOTE: Budget requests that implement recommendations of the Southern Resident Orca Task Force are identified parenthetically.

Restoring and Protecting Habitat and Promoting Chinook Salmon Abundance

• $42.5 million in the capital budget for the Puget Sound Acquisition and Restoration (PSAR) Program to enable the Recreation and Conservation Office (RCO) to provide grants to projects that protect and restore the most critical salmon habitats in Puget Sound (Southern Resident Orca Task Force recommendations 1 & 2)
  
  
• $12.5 million in the capital budget for the Puget Sound Estuary and Salmon Restoration Program (ESRP) to enable RCO to provide grants to protect and restore the nearshore ecosystems of Puget Sound (Southern Resident Orca Task Force recommendations 1 & 2)
  
  
• $85 million, composed of $35 million in state funding and $50 million in federal funding in the RCO capital budget for statewide Salmon Recovery Funding Board (SRFB) programs. The SRFB provides funding for elements necessary to achieve overall salmon recovery, including habitat projects and other activities that result in sustainable and measurable benefits for salmon and other fish species. State funding is required to match federal funding for salmon recovery projects. (Southern Resident Orca Task Force recommendations 1 & 2)
  
  
• $31 million in the RCO capital budget, composed of $25 million for the statewide Brian Abbot Fish Barrier Removal Board and $6 million for the statewide Family Forest Fish Passage Program, plus $275 million in the transportation budget for projects to remove fish passage barriers (Southern Resident Orca Task Force recommendation 1)
  
  
• $42.8 million in the capital budget for the statewide Floodplains by Design program to enable the Department of Ecology (Ecology) to provide grants for projects that improve flood protection, restore salmon habitat, improve water quality, and enhance outdoor recreation (Southern Resident Orca Task Force recommendations 1 & 5)
  
  
• $40 million for Ecology to fund watershed restoration and enhancement projects as part of the Hirst compromise
  
  
• $5 million in capital budget riparian funding to enable the State Conservation Commission's Conservation Reserve Enhancement Program to provide incentives for landowners to set aside riparian buffers (Southern Resident Orca Task Force recommendation 5)
  
  
• $3.5 million in the capital budget for Forest Riparian Easement Program of Department of Natural Resources (DNR) (Southern Resident Orca Task Force recommendation 5)
  
  
• $1.5 million in the capital budget for the Rivers and Habitat Open Space Program of DNR (Southern Resident Orca Task Force recommendation 5)
  
  
• $7.8 million in the capital budget for the Washington Department of Fish & Wildlife (WDFW) to provide state match for federal and state shares of costs for the ecosystem-based estuary restoration projects at, the Duckabush estuary, the North Fork Skagit River delta, and the Nooksack River delta, as identified by the Puget Sound Nearshore Ecosystem Restoration Project. This project will be implemented in partnership with the U.S. Army Corps of Engineers over the next 10-18 years (Southern Resident Orca Task Force recommendation 1)
  
  
• $115 million in the RCO capital budget for the statewide Washington Wildlife and Recreation Program to provide grants for critical wildlife habitat, riparian areas, and agricultural land
  
  

Preventing Toxic Pollution

• $66 million in the capital budget for the Stormwater Financial Assistance Program for Ecology to provide grants to local governments for projects that help prevent stormwater pollution (related to Southern Resident Orca Task Force recommendation 31)
  
  
• $3.7 million in the capital budget for Ecology to implement Chemical Action Plans (related to Southern Resident Orca Task Force recommendation 30)
  
  
• $35 million in the capital budget for Ecology’s Centennial Clean Water Fund
  
  
• $204 million in the capital budget for Ecology’s Water Pollution Control Revolving Program (related to Southern Resident Orca Task Force recommendation 31)
  
  

Status: The Senate Ways & Means Committee held a public hearing on SB 5134, and the House Capital Budget Committee held a public hearing on HB 1102. The next step is for the chairs of both committees to develop their own capital budget proposals for consideration by their respective committees. This budget development process is taking place between now and late March.

Status of legislation related to Southern Resident orca recovery

Oil transportation safety

SB 5578/HB 1578: These bills would reduce threats to Southern Resident orcas by improving the safety of oil transportation.

• Specifies tug escort requirements for oil tankers of a certain size
  
  
• Requires tug escorts for certain sized oil tankers and articulated tug barges transited through Rosario Strait and connected waterways
  
  
• Requires the Board of Pilotage Commissioners to adopt rules for tug escorts in Puget Sound
  
  
• Authorizes Ecology to adopt rules for an emergency response towing vessel to be situated in the San Juan Islands are.
  
  

Status: At the Governor’s request, the Senate Environment, Energy, and Technology Committee held a public hearing on SB 5578 and an executive session on February 7.

Hydraulic project approvals

SB 5580/HB 1579: These bills would implement recommendations of the Southern Resident Orca Task Force related to increasing Chinook salmon and forage fish abundance.

• Removes bass, channel catfish, and walleye from statutory classification as game fish
• Requires a fishing license to fish for smelt
• Directs the WDFW to first seek voluntary compliance from a hydraulic project proponent if a violation of the hydraulic code has occurred or is about to occur.
• Authorizes the WDFW to offer technical assistance to correct violations, issue notices of correction, notices of violation, stop work orders, or notices to comply to hydraulic project proponents in cases of violations of the hydraulic code
• Authorizes the WDFW to apply for an administrative inspection warrant to inspect project sites to verify compliance, or if there is probable cause to believe a violation is occurring or has occurred
• Changes the civil penalty for violations of the hydraulic code from $100 per day per violation to $10,000 per violation
• Authorizes the WDFW to disapprove applications for up to one year, or until all penalties and notices are paid and complied with, for persons who have failed to comply with either a final stop work order or notice to comply, or failed to pay a civil penalty
  
  

Status: The House Rural Development, Agriculture, & Natural Resources Committee had a public hearing on HB 1579 and passed a substitute version of the bill on February 6.

Effect of Substitute:

• Removes the provision declassifying bass, walleye, and channel catfish as "game fish," and directs the WDFW to adopt rules to liberalize bag limits for those species
• Requires a license to fish for saltwater smelt instead of all smelt
• Creates a hydraulic project pre-application that a person may file with the WDFW to determine whether a project requires a complete application for a hydraulic project permit. The WDFW must provide tribes and local governments a seven calendar day review and comment period for pre-applications. If the WDFW determines that a complete application is required, the applicant would then be required to submit a complete application as defined in statute and the WDFW would process the permitting decision
• Provides that the new hydraulic code enforcement provisions do not apply to hydraulic projects that have received a forest practices hydraulic project permit from the DNR
• Removes the provision declaring a violation of the hydraulic code to be a public nuisance
  
  

Status: The Senate Agriculture, Water, Natural Resources, and Parks Committee held a public hearing on SB 5580 on February 5.

Vessel noise and disturbance

SB 5577/HB 1580: Concerning the protection of Southern Resident orca whales from disturbance by vessels.

• Increases the distance within which a vessel or other object may not approach a Southern Resident orca whale
  
  
• Provides additional temporary approach limits for commercial whale watching vessels, and requires the WDFW to report on the effectiveness of the approach limits
  
  
• Establishes a limited-entry commercial whale watching license, sets fees for the license, and requires the WDFW to report on the license program
  
  

Status: The Senate Agriculture, Water Natural Resources & Parks Committee held a public hearing on SB 5577 on February 12. The House Rural Development, Agriculture, & Natural Resources Committee scheduled an executive session for HB 1580 on February 12.

Fish barrier removal funding

HB 1228/SB 5130: The intent of this legislation is to provide funding for state fish barrier removal by implementing a graduated real estate excise tax and moving up to August 1, 2019, the increase in certain vehicle weight fees.

Status: At the Office of Financial Management's request, the Senate Ways & Means Committee held a public hearing on SB 5130 and referred the bill, without recommendation, to Senate Transportation Committee, which had a public hearing of the bill on February 6.