 March 20, 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 on 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.
- Connect with the Puget Sound Partnership for breaking news and other events affecting Puget Sound on Twitter and Facebook.
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.
The first deadline of the 2019 Legislative Session occurred on Wednesday, March 13. To keep making their way through the legislative process, policy bills (non-exempt bills) must have been passed out of their house of origin. Bills that missed this deadline are now likely dead for this session. Budgets and matters necessary to implement budgets, however, are exempt from deadlines. By April 3, all non-exempt House bills must have passed out of Senate committees and all non-exempt Senate bills must have passed out of Senate committees. Meanwhile, the fiscal committees are developing their versions of operating and capital budgets. These are expected to be released soon after the next state revenue forecast, which occurs on Wednesday, March 20.
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).
Please see the February 12 and March 1 Legislative Updates for in-depth information about the prospects for the 2019-2021 budgets.
Strengthening Oil Transportation Safety
SB 5578/HB 1578 (Governor’s request legislation)—Reducing 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 the Department of Ecology (Ecology) to adopt rules for an emergency response towing vessel to be situated in the San Juan Islands area.
Status of SB 5578: Substitute SB 5578 has been referred to the Senate Ways & Means committee.
Effect of changes made in Substitute SB 5578:
- Clarifies that tug escorts are not required for vessels providing bunkering or refueling services.
- Clarifies tribal representation for rulemaking and the Salish Sea Shared Waters Forum.
Status of HB 1578: The House passed Substitute HB 1578 on a vote of 70 to28, and the bill is now in the Senate Environment, Energy, & Technology Committee, where it received a public hearing on March 19.
Effect of changes made in Substitute HB 1578:
- Exempts vessels providing bunkering or refueling services from tug escort requirements adopted in statute or by rule.
- Clarifies that new tug escort requirements may only apply to oil tankers of between 5,000 and 40,000 deadweight tons.
- Clarifies that new tug escort requirements only apply to towed waterborne vessels or barges, with the exception of requirements applicable to oil tankers or articulated tug-barges.
- Requires Ecology to provide a synopsis of changing trends in vessel traffic to the Legislature by September 1, 2020, and to consider this synopsis during rulemaking for tug escorts.
- Directs Ecology and the Board of Pilotage Commissioners to consult with potentially-affected, federally recognized Indian tribes (rather than consulting with tribes who have usual and accustomed fishing rights in the areas subject to rulemaking).
- Expands the scope of tribal governments and other entities that Ecology is directed to partner with to discuss shared funding of an emergency response towing vessel.
Increasing Prey Abundance
SB 5580/HB 1579 (Governor’s request legislation)—Implementing 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 Department of Fish and Wildlife (DFW) 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 DFW to offer technical assistance to correct violations. In cases of violations of the hydraulic code, the bill authorizes the DFW to issue notices of correction, notices of violation, stop-work orders, or notices to comply to hydraulic project proponents.
- Removes the requirement that the DFW issue permits with or without conditions for single-family residential bulkheads and rock walls.
- Authorizes the DFW 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.
- Increases civil penalty for hydraulic code violations from $100 per day per violation to $10,000 per violation.
- Authorizes the DFW to disapprove applications for up to 1 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 of SB 5580: The Senate Agriculture, Water, Natural Resources, & Parks Committee held a public hearing on SB 5580 on February 5. No further action has been taken.
Status of HB 1579: The House passed Second Substitute HB 1579 on a vote of 59 to 39, and the bill is now in the Senate Agriculture, Water, & Natural Resources Committee, where a proposed striking amendment received a public hearing on March 19.
Effect of changes made in Substitute HB 1579:
- Removes the provision declassifying bass, walleye, and channel catfish as "game fish,” and directs the DFW to adopt rules to ease bag limits for these 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 DFW to determine whether a project requires a complete application for a hydraulic project permit. The DFW must provide tribes and local governments a review and comment period of 7 calendar days for pre-applications. If the DFW determines that a complete application is required, the applicant would then be required to submit a “complete application,” as defined in statute, and the DFW 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 Department of Natural Resources (DNR).
- Removes the provision declaring a violation of the hydraulic code to be a public nuisance.
Effect of changes made in Second Substitute HB 1579: Makes the following changes to stop-work order, notice to comply, and penalty provisions of substitute bill:
- Specifies that stop-work orders and civil penalties must be authorized by senior or executive DFW personnel.
- Directs the DFW to initiate rulemaking to identify the appropriate level of senior and executive staff to authorize stop-work orders and civil penalties based on the financial effect on the violator and the scope and scale of the impact of the violation to fish life and habitat.
- Changes the criteria under which the DFW may issue a notice to comply or stop-work order to when there is a violation of the hydraulic code or a deviation from a hydraulic project permit and immediate action is necessary to prevent continuation of or to avoid more than minor harm to fish life or habitat.
- Provides that a stop-work order may require that a project proponent take corrective action to prevent, correct, or compensate for adverse impacts to fish life and fish habitat.
- Revises the information that stop-work orders and notices to comply must include.
- Adds that stop-work orders and notices to comply must contain the following:
- A citation of the specific law or rule that applies to the violation
- The date by which the DFW requires compliance
- Notice of ways to contact any technical assistance
- Notice of when, where, and to whom a request for extension of time to achieve compliance must be filed
Vessel noise and disturbance
SB 5577/HB 1580 (Governor’s request legislation)—Concerning the protection of Southern Resident orcas from disturbance by vessels.
- Increases the distance within which a vessel or other object may not approach Southern Resident orcas.
- Provides additional temporary approach limits for commercial whale-watching vessels, and requires the DFW 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 DFW to report on the license program.
Status of SB 5577: The Senate passed Second Substitute SB 5577 on a vote of 46 to 3, and the bill is now in the House Rural Development, Agriculture, & Natural Resources Committee, where received a public hearing on March 20.
Effect of changes made in Substitute SB 5577:
- Changes the distance within which it is unlawful to approach, or to fail to disengage the transmission of a vessel, to 300 yards of a Southern Resident orca and specifies that it is unlawful to position a vessel within 400 yards behind a Southern Resident orca.
- Deletes the provision establishing a temporary 650-yard approach limit of Southern Resident orcas for commercial whale-watching vessels.
- Provides that the commercial whale-watching license is not a limited-entry license and changes the license fees.
- Creates an alternate operator license for a designated alternate operator to operate a commercial whale-watching vessel.
- Specifies that commercial whale-watching without a permit, or violating DFW rules regarding commercial whale-watching, is a misdemeanor.
- Requires the DFW to establish rules implementing the commercial whale-watching license program that are designed to reduce the daily and cumulative impacts to Southern Resident orcas. It also requires the DFW to involve the public, industry, and other interested parties in any rulemaking process.
- Requires the DFW to convene an independent science panel to review the most current and best available science regarding impacts to Southern Resident orcas by small vessels and commercial whale-watching vessels.
- Adds sustainable whale-watching to the topics the statewide tourism marketing plan must cover.
Effect of changes made in Second Substitute SB 5577:
- Establishes an application fee of $75 for the alternate operator license of a commercial whale-watching vessel.
- Provides a process to substitute a motorized or sailing vessel designated on a commercial whale-watching license for a fee of $35 (instead of the applicable vessel fee to designate an additional vessel). The vessel operator must submit an application to the DFW with the $35 fee, in addition to the $105 application fee. The DFW may only change a vessel designation once per calendar year.
- Provides that the DFW must adopt rules regarding the number of commercial whale-watching operators that may view Southern Resident orcas at the same time.
- Codifies the new license in the commercial license chapter, rather than in the limited-entry license chapter.
- Makes the DFW’s rule adoption requirements of the bill subject to the availability of funding appropriated.
Status of HB 1580: The House passed Second Substitute HB 1580 on a vote of 78 to 20, and the bill is now in the Agriculture, Water, & Natural Resources Committee.
Effect of changes made in Substitute HB 1580:
- Changes the distance within which it is unlawful to approach, or to fail to disengage the transmission of a vessel, from 200 yards to 300 yards of a Southern Resident orca and specifies that it is unlawful to position a vessel within 400 yards behind a Southern Resident orca.
- Deletes a temporary 650-yard approach limit for commercial Southern Resident orca whale-watching vessels.
- Provides that the commercial whale watching license is not a limited-entry license, maintains the $75 application fee, and changes the license fees as follows:
- The annual commercial whale-watching license fee is $200, plus annual fees for designating motorized or sailing vessels, and for kayaks.
- The annual fees per motorized and sailing vessel are based on the number of passengers per vessel, on a similar schedule as in the underlying bill.
- The annual fees for designating kayaks are based on the number of kayaks.
- Creates an alternate operator license, with an annual fee of $200, for a designated alternate operator to operate a motorized or sailing commercial whale-watching vessel.
- Specifies that commercial whale-watching without a permit, or violating the DFW rules regarding commercial whale-watching, is a misdemeanor, and doing so within 1 year of the date of a prior conviction is a gross misdemeanor.
- Requires the DFW to establish rules to implement the commercial whale-watching license program that are designed to reduce the daily and cumulative impacts to Southern Resident orcas.
- Authorizes, instead of requires, the DFW to consider the use of an automatic identification system for monitoring and compliance.
- Requires the DFW to involve the public, industry, and other interested parties in any rulemaking process.
- Adds whale-watching rules and approach distance regulations to the items the DFW must analyze and report on to the Governor and the Legislature.
- Requires the DFW to convene an independent science panel, before January 1, 2021, to review the most current and best available science regarding impacts to Southern Resident orcas by small vessels and commercial whale-watching vessels. The DFW must use the review in the rulemaking process and to adaptively manage the commercial whale-watching program.
- Adds sustainable whale-watching to the topics required in the statewide tourism marketing plan.
Effect of changes in Second Substitute HB 1580:
- Establishes an application fee of $75 for the alternate operator license.
- Provides a process to substitute a motorized or sailing vessel designated on a commercial whale-watching license for a fee of $35 instead of the applicable vessel fee to designate an additional vessel. The vessel operator must submit an application to the DFW with the $35 fee and a $105 application fee. The DFW may only change a vessel designation once per calendar year.
- Provides that the DFW must adopt rules regarding the number of commercial whale-watching operators that may view Southern Resident orcas at the same time.
- Codifies the new license in the commercial license chapter, rather than in the limited-entry license chapter.
- Makes the bill null and void if specific funding is not provided in the omnibus appropriations act.
Toxic Pollution Prevention
HB 1194/SB 5135—Preventing toxic pollution that affects public health or the environment.
- Requires Ecology to identify priority chemicals and priority consumer products.
- Authorizes Ecology to make regulatory determinations regarding priority chemicals.
- Requires Ecology to identify priority chemicals, priority consumer products, and make regulatory determinations every five years.
Status of HB 1194: The House Environment & Energy Committee passed a substitute bill, and it has been referred to the House Appropriations Committee.
Effect of changes in Substitute HB 1194:
- Requires Ecology to consult with the Department of Health (DOH) when designating priority chemicals; designating priority consumer products containing priority chemicals; and making regulatory determinations on priority consumer products containing priority chemicals.
- Requires Ecology to provide the public with an opportunity for review and comment on regulatory determinations, rather than comment alone on regulatory determinations.
- Prohibits Ecology from designating the following as priority consumer products: (1) finished products regulated or certified by the Federal Aviation Administration (FAA) or by the Department of Defense (DOD), when used in a manner subject to regulation or certification by the FAA or the DOD; (2) parts, materials, and processes when used to manufacture or maintain finished products regulated by the FAA or the DOD; and (3) motorized vehicles.
- Requires Ecology to notify the public of the peer-reviewed science and other sources of information that it relied upon in selecting priority chemicals and priority consumer products, in addition to Ecology’s basis for selecting these chemicals and products.
Status of SB 5135: The Senate passed Substitute SB 5135 on a close vote of 25 to 24. The bill is now in the House Environment & Energy Committee, where is has been scheduled for a public hearing on March 21.
Effect of changes in Substitute SB 5135:
- Prohibits Ecology from designating as priority consumer products FAA or DOD regulated or certified finished products, parts, materials, and processes when used to manufacture or maintain FAA or DOD finished products, and motorized vehicles.
- Requires Ecology to consult with the DOH when designating priority chemicals and products and when making regulatory determinations.
- Requires Ecology to provide opportunity for review, as well as comment, on regulatory determinations.
- Requires Ecology to notify the public of the peer-review science and other sources of information relied upon in selecting priority chemicals and products.
Fish Passage Barrier Removal
HB 1187/SB 5567—Revising hydraulic project eligibility standards under RCW 77.55.181 for fish habitat enhancement projects that are sponsored by conservation districts.
- Removes the requirement that conservation district-sponsored fish habitat enhancement projects determined to be eligible for streamlined review follow design standards established by the Washington Conservation Commission through an interagency agreement with the U.S. Fish and Wildlife Service and the Natural Resource Conservation Service. Instead, conservation district-sponsored fish habitat enhancement projects determined to be eligible for streamlined review must be approved by conservation districts.
Status of HB 1187: The House passed HB 1187 on a vote of 96 to 0, and the bill is now in the Senate Agriculture, Water, Natural Resources, & Parks Committee.
Status of SB 5567: Delegated to the Senate Rules "X" file, meaning that it is effectively dead.
HB 1228/SB 5130 (OFM legislative request)—Increasing transportation revenues to help fund state fish-barrier removal.
- Imposes a graduated Real Estate Excise Tax beginning July 1, 2019.
- Moves up the effective date of certain vehicle weight fees.
Status of both bills: The Senate Transportation Committee conducted a public hearing on SB 5130 on February 6. No action has been taken on HB 1228, and the bill remains in the House Finance Committee. These bills are considered exempt from the March 13 and April 3 cutoff dates.
HB 1691—Concerning funding and administering local government infrastructure by the Public Works Board.
- Specifies that public works projects may include natural or green infrastructure.
- Allows up to 1 percent of the biennial capital budget appropriation for the Public Works Board to be for value-planning grants.
- Ends deposit of the Refuse Tax into the Education Legacy Trust Account as of June 30, 2019, instead of June 30, 2023.
- Prioritizes the Refuse Tax that is deposited into the Public Works Assistance Account, from fiscal year 2020 through fiscal year 2030, for grants to address fish barriers.
Status of HB 1691: The House Capital Budget Committee passed a substitute on February 26, and the bill is now in the House Appropriations Committee.
Effect of changes in Substitute HB 1691:
- Adds a definition of "natural or green infrastructure".
HB 1889/SB 5136—Establishing the water infrastructure program.
- Establishes a competitive water infrastructure grant program for projects that promote increasing the availability of water for out-of-stream uses, reducing the risk of flooding, improving fish passage, or reducing stormwater pollution from existing development.
- Requires the Office of Columbia River, the Office of Chehalis Basin, the Fish Barrier Removal Board, and Ecology to review applications based on specified criteria.
- Establishes three appropriated accounts for the Water Infrastructure Program.
- Expresses legislative intent to provide $500 million per biennium to the Water Infrastructure Program.
Status of both bills: The House Capital Budget Committee conducted a public hearing on HB 1889 February 21. The Senate Agriculture, Water, Natural Resources, & Parks Committee conducted a public hearing on SB 5136 on January 29.
HB 2022—Providing funding options to local governments for addressing removal of fish passage barriers.
- Creates the Local Barrier Partnership Account and corresponding competitive grant program to fund the public portion of certain public-private projects for removal of fish-passage barriers.
Status of HB 2022: The House Rural Development, Agriculture, & Natural Resources Committee passed HB 2022 on February 26.
SB 5404—Expanding the definition of fish habitat enhancement projects.
- Fish habitat enhancement projects that restore native kelp and eelgrass beds, and that restore native oysters, may qualify for a streamlined administrative review and approval process.
Status of SB 5404: The Senate passed SB 5404 on a vote of 48 to 0, and the bill is now in the House Rural Development, Agriculture, & Natural Resources Committee, where it has been scheduled for a public hearing on March 20.
SB 5788—Concerning local infrastructure funding.
- Solid Waste taxes are to be deposited into the public works assistance account and be prioritized for grants to address fish barriers as recommended by the fish passage barrier removal board. The Public Works Board/Commerce would serve as grant manager.
Status of SB 5788: SB 5788 is in the Senate Ways & Means Committee.
SB 5798—Relating to providing a sales and use tax exemption for construction and repair costs associated with fish barrier removal.
- Prioritizes deposits into the public works assistance account for grants to address fish barriers consistent with the comprehensive strategy to maximize habitat value of culvert correction investments and infrastructure projects in support of housing development.
Status of SB 5798: SB 5798 is in the Senate Ways & Means Committee.
SB 5972—Relating to additive transportation funding and appropriations. The bill includes:
- $350 million of Forward Washington Account appropriation must be used for removal of fish culverts using a watershed approach to maximize habitat gain by replacing both state and local culverts. Requires use of this funding to replace the culvert impacted by the US 101/Lower Hoh Road Intersection Improvements project in the 2019-2021 Biennium.
- $50 million of this appropriation must be used for stormwater retrofits and improvements.
NOTE: SB 5971 creates the sources of revenue for this account, including a carbon fee of $15 per metric ton of CO2 (carbon dioxide) generated by use of fossil fuels, except those used to generate electricity.
Status of both bills: Substitute versions of both SB 5971 and SB 5972 passed out of the Senate Transportation Committee on March 6. Currently, Substitute SB 5972 is with the Senate Rules Committee, and Substitute SB 5971 is with the Senate Ways & Means Committee.
Effect of changes in Substitute SB 5971: Reduces carbon fee to $10 for utilities, but stays at $15 for remaining entities.
Effect of changes in Substitute SB 5972: Modifies various appropriations, but not those for fish culvert removal or those for storm water retrofits and improvements.
SB 5978—Relating to vehicle taxation.
- Transfers revenue from the Motor Vehicle Excise Tax to the state General Fund and specifies purposes for which it may be spent, including removal of watershed fish passage barriers.
Status of SB 5978: SB 5978 is now in the Senate Ways & Means Committee.
Environmental Justice
SB 5489—Establishing a healthy environment for all by addressing environmental health disparities. Also known as “Healthy Environment for All.” (Note: HB 2009 was introduced in substantially the same form as the substitute version of SB 5489).
- Creates a task force to recommend various strategies for incorporating environmental justice principles into how specified agencies discharge their responsibilities.
- Requires certain state agencies to conduct a cumulative impact analysis to identify highly impacted communities.
- Requires Ecology to engage in rulemaking to implement task force recommendations.
Status of SB 5489: The Senate passed Second Substitute SB 5489 on a vote of 27 to 21, and the bill is now in the House State Government & Tribal Relations Committee, where it received a public hearing on March 19.
Effect of changes in Substitute SB 5489:
- Removes the requirement that state agencies adopt rules as recommended by the task force.
- Removes the requirement that the task force reconvene 5 years after state agencies adopt rules.
- Requires state agencies to adopt the cumulative impact analysis for the purposes of identifying highly impacted communities.
- Provides that the task force provide guidance to agencies, the Legislature, and the Governor regarding how to use the cumulative impact analysis and designating highly impacted communities.
- Requires the DOH to initiate a process to develop model policies for implementing task force recommendations.
- Requires state agencies to submit a report on progress made toward reducing environmental burdens and attaining environmental health targets.
Effect of changes in Second Substitute SB 5489:
- Three members are added to the task force to represent the interests of tribes, business, and organized labor.
- The task force and its activities are made subject to the availability of funding appropriated specifically for the task force.
Status of HB 2009: The House State Government & Tribal Relations Committee passed HB 2009 without amendments, and it was referred to the House Appropriations Committee.
HB 1261/SB 5322—Ensuring compliance with the federal Clean Water Act by prohibiting certain discharges into waters of the state.
- The substitute bill prohibits motorized or gravity-siphon aquatic mining or discharge of effluent from such an activity within the ordinary high-water mark of certain waters of the state.
Status of HB 1261: Placed on the second reading calendar by the Rules Committee.
Status of SB 5322: The Senate passed SB 5322 on a vote of 30 to17, and the bill is now in the House Environment & Energy Committee where it received a public hearing on March 14.
HB 1946/SB 5873—Concerning community forests.
- Creates the Community Forest Grant Program and Community Forestland Account.
- Authorizes state and local agencies, tribes, and qualified nonprofit organizations to apply for funds for the acquisition, development, and restoration activities of community forest projects.
Status of SB 5873: The Senate passed Second Substitute SB 5873 on a vote of 41 to 5, and the bill is now in the House Rural Development, Agriculture, & Natural Resources Committee, where it received a public hearing on March 19.
Effect of changes in Substitute SB 5873:
- Replaces the Community Forest Grant Program and Community Forestland Account with a Community Forest Pilot Program at the DNR.
- Directs the DNR, subject to available funding, to establish the pilot by including the highest scoring projects from a 2018 Capital Budget report containing a list of prioritized projects.
- Requires the DNR to report back on the pilot program every two years, and the pilot program expires June 30, 2025.
Effect of changes in Second Substitute SB 5873:
- Changes management of the community forest pilot program from the DNR to the Recreation and Conservation Funding Board (RCFB).
- Adds definitions for sponsors, including state and local agencies, qualified nonprofit organizations, and tribes.
- Specifies that lands may not be sold or subdivided without prior approval from the RCFB.
- Adds that if lands cease to be used for a community forest, such lands shall be managed by the DNR.
SB 5451—Concerning the definition of hydraulic project in relation to hydraulic project approval permits.
- Provides that a hydraulic project means the construction or performance of work at or below the ordinary high water line for purposes of issuing permits for construction projects in state waters.
Status of SB 5451: Apparently dead in the Senate Agriculture, Water, Natural Resources, & Parks Committee.
SB 5617—Banning the use of non-tribal gill nets.
Effect of changes in Substitute SB 5617:
- Bans the use of non-tribal Columbia River salmon gill net licenses beginning January 1, 2021, and establishes a buyout program for retiring licenses by December 31, 2020.
- Creates a selective gear incentive program to make funds available for commercial fishers to invest in alternative fishing gear.
Status of SB 5617: Apparently dead in the Senate Ways & Means Committee.
SB 5824—Funding efforts to increase salmon populations.
- Implements a pilot program to evaluate the development of a system of fish hatcheries that will be financially self-supporting over the long term.
- Directs that the pilot program must be sited at a new salmon hatchery located in Bellingham.
- Makes appropriations to implement the pilot program and build the hatchery.
- Requires the DFW to establish a bounty system to encourage the taking of pinnipeds that interfere with salmon recovery.
Status of SB 5824: Apparently dead in the Senate Agriculture, Water, Natural Resources, & Parks Committee.
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