Puget Sound Partnership Legislative Update, April 16, 2019

Puget Sound Partnership Washington sent this bulletin at 04/16/2019 05:02 PM PDT


leg-update

April 16, 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.

  • Some bill statuses below may have changed since this update, please use https://app.leg.wa.gov/billinfo/ to find the latest information.
  • Puget Sound Partnership Legislative Updates are posted on the Partnership's website.
  • Connect with the Puget Sound Partnership for breaking news and other events affecting Puget Sound on Twitterand 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.

 

April bill passage deadlines pass

The last day for non-exempt House bills to pass out of Senate committees and for non-exempt Senate bills to pass out of House committees was Wednesday, April 3. Budgets and matters necessary to implement budgets, however, are exempt from deadlines. Tuesday, April 9 was the last day for House Fiscal committees and Senate Ways & Means and Transportation committees to pass non-exempt bills originating in the opposite house.

 

The next deadline is this Wednesday, April, 17. This is the last day for non-exempt bills to be passed by both houses in one form or another. Policy bills that miss this deadline will likely be dead for the session.

Budget proposals move forward

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Sound salmon runs: $977,000 (GF-S) in one-time funding and 1.2 FTE staff are provided to coordinate updates to the outdated Puget Sound Salmon Recovery Plan for Chinook salmon, provide support for adaptive management of local watershed chapters, and advance regional work on salmon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 House passed Engrossed Substitute HB 1109 on a vote of 56 to 38. The Senate passed the bill with an amended striking amendment on a vote of 31 to 17 on April 4.

 

Changes made in House passed operating budget:

  • Funds the following:
    • Restore Puget Sound Salmon Runs at $500,000 and 0.6 FTE, instead of $977,000 and 1.2 FTE
    • Puget Sound Scientific Research at $1 million and 0.5 FTE, instead of $2,222,000 and 1 FTE
    • The Southern Resident Orca Recovery Task Force vessel workgroup support at the Governor's level of $326,000 and 1.2 FTE
  • Does not fund the following
    • Promote Accountability Measures
    • Monitoring to Accelerate Recovery

Changes made by Senate Ways & Means Committee:

  • Funds the following:
    • Promote Accountability Measures at the Governor’s level of $834,000 and 2.6 FTE
    • Restore Puget Sound Salmon Runs at the Governor’s level of $977,000
    • Monitoring to Accelerate Recovery at the Governor’s level of $1,296,000 and 1.2 FTE
    • Puget Sound Scientific Research at the Governor’s level of $2,222,000 and 1 FTE
  • Does not fund the following:
    • Southern Resident Orca Recovery Task Force vessel workgroup support

 

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 (Governor); $43.6 million (House); $45.9 million (Senate) 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)
    • #1-ranked Middle Fork Nooksack Fish Passage is funded in all 3 budgets.
    • The House budget also funds the #2-ranked Dungeness River Floodplain Restoration.
    • The Senate budget funds the #3-ranked Riverbend Floodplain Restoration, but not #2-ranked Dungeness River Floodplain Restoration.
  • $12.5 million (Governor); $10 million (House); $10 million (Senate) 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)

  • $35 million in state funding and $50 million in federal funding (Governor);  $25 million in state funding and $50 million in federal funding (House); $25 in state funding and $50 million in federal funding (Senate) for 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)

  • Fish passage barrier removal – (Southern Resident Orca Task Force recommendation 1)
    • $25 million (Governor); $25 million (House);  $30.6 million (Senate) for the Brian Abbot Fish Barrier Removal Board.
    • $6 million (Governor); 5 million (House); $5 million (Senate) for the Family Forest Fish Passage Program.
    • $275 million (Governor); $214 million (House); $274 million (Senate) for the Transportation Budget.
  • $42.8 million (Governor); $50.4 million (House); $42.8 million (Senate) 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 (Governor); $40 million (House); $40 million (Senate) for Ecology to fund watershed restoration and enhancement projects as part of the Hirst compromise

  • $5 million (Governor); $4.4 million (House); $3 million (Senate) 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 (Governor); $2.5 million (House); $2.5 million (Senate) 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 (Governor); $1 million (House); $1 million (Senate) 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 (Governor); $80 million (House); $90 million (Senate) 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 (Governor); $35 million (House); $18 million (Senate) 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 (Governor); $3.7 million (House); $3.7 million (Senate) in the capital budget for Ecology to implement Chemical Action Plans (related to Southern Resident Orca Task Force recommendation 30)

  • $35 million (Governor); $35 million (House); $30 million (Senate) in the capital budget for Ecology’s Centennial Clean Water Fund

  • $204 million (Governor); $204 million (House); $204 million (Senate) in the capital budget for Ecology’s Water Pollution Control Revolving Program (related to Southern Resident Orca Task Force recommendation 31)

Status: The House passed Substitute HB 1102 on a vote of 94 to 0. The Senate Ways & Means Committee, passed the bill with a striking amendment on April 4. The bill is now on the Senate Second Reading Calendar.

 

New Revenue

HB 1228 - Increasing transportation revenues to help fund state fish barrier removal. (Graduated Real Estate Excise Tax)  

Status: The bill is in the House Transportation Committee where it had a public hearing on April 5th.

 

HB 2117 - Providing a pathway to modernize and rebalance the Washington state tax structure so that it is equitable, adequate, stable, and transparent for the people of Washington State. Reauthorizes and expands the Tax Structure Work Group.  

Status: The bill is in the House Rules Committee.

 

HB 2122 - Imposing a sales and use tax on recreational equipment and apparel to provide funding to the state wildlife account.

Status: The bill is in the House Finance Committee.

 

HB 2156 - Investing in quality prekindergarten, K-12, and postsecondary opportunities throughout Washington with excise taxes on sales and extraordinary profits of high valued assets. (9.9 % capital gains tax, modifies REET)

Status: The bill is in the House Finance Committee.

 

HB 2157 - Updating the Washington tax structure to address the needs of Washingtonians. Modifies certain tax preferences and exemptions.

Status: The bill is in the House Finance Committee.

 

SB 5130 - Increasing transportation revenues to help fund state fish barrier removal. (Graduated Real Estate Excise Tax)

Status: The bill is in the Senate Transportation Comittee.

 

SB 5961 - Improving the equity and sustainability of Washington's tax structure. (8.9% capital gains tax; tax reductions for low income families, small businesses, senior citizens; etc.)

Status: The bill is in the Senate Ways & Means Committee.

 

SB 5971 - Concerning transportation funding. (Carbon fee)

Status: The bill is in the Senate Ways & Means Committee.

 

SB 5993 - Reforming the financial structure of the model toxics control program. (Volumetric hazardous substance tax)

Status: The bill is in the Senate Ways & Means committee where is received a public hearing on March 27. The Partnership testified in support.

  • Changes the Hazardous Substance Tax (HST) on petroleum products to a volumetric rate of $2.52 per 42-gallon barrel.
  • Replaces the existing Model Toxics Control Act (MCTA) accounts with operating, capital, and stormwater accounts; HST revenue will be allocated at 43 percent for operating, 43 percent for capital, and 14 percent for stormwater.
  • Adjusts the volumetric rate each year by a fiscal growth factor.
  • Specifies qualifying operating budget programs and capital budget projects for each account.
  • Requires the Governor's proposed and enacted budgets to be accompanied by a report documenting the MTCA expenditures.
  • Fiscal note estimates revenue as follows:
    • $764.3 M in the 2019-21 biennium ($107 M for stormwater)
    • $950.9 M in the 2021-23 biennium ($133.1 M for stormwater)
    • $1.0365 B in the 2023-25 biennium ($145.1 M for stormwater)

SB 5997 - Eliminating or narrowing certain tax preferences to increase state revenue for essential public services.

Status: The bill is in the Senate Ways & Means Committee.

 

SB 5998 - Establishing a graduated real estate excise tax.

Status: The bill is in the Senate Ways & Means Committee.

Status of legislation related to Southern Resident orca recovery

Strengthening Oil Transportation Safety

2SHB 1578 (Governor’s request legislation)—Reducing threats to Southern Resident orcas by improving the safety of oil transportation.

 

Status of Second Substitute HB 1578: The House passed the bill on a vote of 70 to 28. The Senate passed the bill with committee amendments and no additional amendments on a vote of 32 to 13 on April 12.

 

Effect of Second Substitute HB 1578:

  • New tug escort requirements outlined in statute:
    • Specifies tug escort requirements for oil tankers of a certain size in Puget Sound.
    • Specifies tug escort requirements for certain sized oil tankers and articulated tug barges transited through Rosario Strait and connected waterways, beginning September 1, 2020. These new tug escort requirements for Rosario Strait only apply to oil tankers of between 5,000 and 40,000 deadweight tons and towed barges designed to carry more than 5,000 deadweight tons. These requirements do not apply to vessels providing bunkering or refueling services and may be adjusted by rule by the Board of Pilotage Commissioners.
    • Vessels or barges that are empty or in ballast do not need escorts.
  • Requires the Board of Pilotage Commissioners and the Department of Ecology (Ecology) to adopt rules for tug escorts in Puget Sound by December 31, 2025.
    • Effectiveness of rules to be assessed and changes to be considered every 10 years.
    • Board of Pilotage Commissioners must complete a synopsis of changing vessel traffic trends by September 1, 2020. The synopsis will be consider during tug escort rulemaking.
    • Ecology and the Board of Pilotage Commissioners will consult with federally recognized tribes that could be potentially affected, rather than consulting with tribe with usual and accustomed fishing rights in areas subject to rulemaking.
  • Authorizes Ecology to adopt rules for an emergency response towing vessel to be situated in the San Juan Islands area.
    • 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.
  • Beginning July 1, 2021, additional reporting to Ecology regarding the gravity of oil transported through pipeline and oil transfers by vessels is required.

Effect of Senate Committee amendments:

  • Tug escort requirements for Rosario Strait may be suspended through rule based on expertise gained after consideration of information during rule review. The amendments also add clarifying language regarding the definition of Articulated Tug Barges and towed waterborne vessels and impacted federally recognized tribes.

Increasing Prey Abundance

HB 1579 (Governor’s request legislation)—Implementing recommendations of the Southern Resident Orca Task Force related to increasing Chinook salmon and forage fish abundance.

 

Status of HB 1579: The House passed Second Substitute HB 1579 on a vote of 59 to 39. The Senate Agriculture, Water, & Natural Resources Committee passed the bill with a striking amendment. The Senate passed the bill with the committee amendments and no other amendments on a vote of 26 to 20 on April 10.

 

Effect of Second SubstituteHB 1579

  • Regarding fishing regulations:
    • Requires a recreational fishing license for saltwater smelt and liberalizes catch limits for bass, walleye, and channel catfish. Requires a license to fish for saltwater smelt instead of all smelt.
  • Regarding the Department of Fish and Wildlife's (DFW) Hydraulic Project Approval authority:
    • Creates a hydraulic 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 seven calendar day review and comment period for pre-applications. If the DFW determines that a complete application is required, the applicant would then need to submit a complete application as defined in statue. The DFW would process the permitting decision.
    • Authorizes the DFW to serve stop work orders for violations of hydraulic project approvals that may cause significant harm to fish life.
    • Increases the civil penalty for violations of the hydraulic code from $100 per day to $10,000 per violation, subject to enactment of a section authorizing three demonstration projects to test the effectiveness and costs of river management by June 30, 2019.
    • Removes the requirement that the DFW issue permits with or without conditions for single-family residential bulkheads and rock walls.
    • Provides the 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).

Effect of Senate Committee striking amendment:

  • Subject to appropriations, the Washington State Conservation Commission, Ecology, Washingotn State Department of Agriculture, DFW, and DNR are required to work together on three demonstration projects--one project in each Whatcom, Snohomish, and Grays Harbor counties-- to function as a model for river management., The three demonstration projects should test the effectiveness and costs of various management strategies, and should project agricultural land, restore fish runs, and protect public infrastructure and recreational access. The departments must subsequently report to the Legislature by December 31, 2020.
  • Provides that agencies agencies must implement the demonstration projects within the amounts appropriated in the omnibus operating appropriations act and expires the demonstration projects on June 30, 2030.
  • Specifies that the DFW may levy civil penalties up to $10,000 if the section authorizing the three demonstration projects is enacted into law by June 30, 2019. If it is not enacted into law by June 30, 2019, the DFW may only levy civil penalties up to $100.

Effect of the Senate Ways & Means Committee amendment to Senate Committee striking amendment: 

  • Removes language defined substantial compliance with mailing requirements for notifying a project proponent regarding a stop work order or a notice to comply.
  • Requires the DFW to take all reasonable measures to ensure that the project proponent actually receives notice of the stop work order, notice to comply, or notice of penalty.

Vessel noise and disturbance

2SSB 5577(Governor’s request legislation)—Concerning the protection of Southern Resident orcas from disturbance by vessels.

 

Status of 2SSB 5577: The Senate passed the bill on a vote of 46 to 3. The House passed the bill with committee amendments on April 15

 

Effect of Second Substitute SB 5577

  • Increases distances within which vessels or other objects may not approach Southern Resident orcas and makes it unlawful to approach or fail to disengage the transmission of a vessel within 300 yards of a Southern Resident orca and specifies that it is unlawful to position a vessel within 400 yards of an orca.
  • Makes it unlawful to exceed 7 knot vessel speed with half a nautical mile of a Southern Resident orca.
  • Establishes a commercial whale watching license program, sets fees for the license, and requires the DFW to report on the license program.
    • The license program includes an alternate operator license for a designated alternate operator to operate a commercial whale watching vessel.
    • Makes commercial whale watching without a permit, or violating department rules regarding commercial whale watching a 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 orcas and requires the DFW to involve the public, industry, and other interested parties in any rulemaking process. The DFW must include rules regarding the number of commercial whale watching operators that may view Southern Resident orcas at the same time.
    • Requires the DFW to convene an independent science panel to review the most current and best available science regarding impacts to orcas by small vessels and commercial whale watching vessels.
    • The DFW's rule adoption requirements of the bill are subject to the availability of amounts appropriated.
  • Adds sustainable whale watching to the topics required in the statewide tourism marketing plan.

 

Effect of House Appropriations Committee amendment:

  • Requires, instead of authorizes, the DFW to adopt rules for commercial whale watching license holders for the viewing of Southern Resident orcas in the inland waters of Washington and removes the provision stating that such rulemaking is subject to appropriation.

Other policy bills

Toxic Pollution Prevention

HB 1194/SB 5135 - Preventing toxic pollution that affects public health or the environment. (SB 5135 is now the vehicle for this legislation)

  • Requires the 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 SB 5135: The Senate passed SB 5135 on a vote of  25 to 24 and the House Environment & Energy Committee and House Appropriations Committee both passed the bill with a striking amendment. The House passed SSB 5135 with the House Committee striking amendment, as amended on the floor, by a vote of 60-37 on April 15.

 

Effect of Substitute SB 5135:

  • Requires the 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.
  • Prohibits Ecology from designating as priority consumer products Federal Aviation Administration (FAA) or Department of Defense (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 Department of Health (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-reviewed science and other sources of information relied upon in selecting priority chemicals and products.

Effect of House Environment & Energy Committee Striking Amendment:

  • Requires Ecology to cite, publish, and categorize the sources of information that it relied upon, including peer-reviewed science, in the course of taking significant new agency action under the new authority established by the bill, in a manner consistent with the existing requirements for significant agency action taken by Ecology water quality and shorelands and environmental assistance programs.
  • Requires Ecology to report to the Legislature whenever designating priority chemicals, priority consumer products, or making regulatory determinations.
  • Delays the effective date of the designation of priority chemicals, priority consumer products, and regulatory determinations until the end of the regular legislative session immediately following that action by Ecology.
  • Delays the effective date of rules adopted by Ecology to implement determinations of regulatory actions to restrict the manufacture, sale, or use of a chemical in a product until 365 days after the adoption of the rules.
  • Requires Ecology to form a stakeholder process to provide expertise, input, and a review of the activities related to priority chemicals in priority consumer products.
  • Requires Ecology to determine if safer alternatives are feasible and available, in addition to meeting one of four other criteria, in order for Ecology to make a regulatory determination to restrict priority chemicals in priority consumer products.
  • Requires Ecology to identify expected costs and benefits to government agencies and to private persons or businesses when adopting rules to implement regulatory determinations regarding priority chemicals in priority consumer products.
  • Requires Ecology to prepare a small business economic impact statement consistent with the Regulatory Fairness Act for each rule to implement a regulatory determination that requires a manufacturer to provide notice of the use of priority chemicals or that restricts or prohibits the manufacture, sale, or use of a priority chemical in a priority consumer product.

 

Status of HB 1194: The bill is in House Appropriations Committee and is likely dead.

 

 

Fish Passage Barrier Removal

HB 1187/SB 5567 - Revising hydraulic project eligibility standards under RCW 77.55.181 for conservation district-sponsored fish habitat enhancement projects. 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 United States 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: House passed the bill on a vote of 96 to 0 and the Senate Agriculture, Water, Natural Resources, & Parks Committee passed the bill, which is now in Senate Rules 2.

 

Status of SB 5567: The bill is on the  Senate Second Reading Calendar and is likely dead.

 

HB 1228/SB 5130 (OFM request) – Increasing transportation revenues to help fund state fish barrier removal.

  • Imposes a graduated Real Estate Excise Tax (REET) beginning July 1, 2019.
  • Moves up the effective date of certain vehicle weight fees.

Status: The Senate Transportation Committee had a public hearing for SB 5130 on February 6. House Finance Committee was relieved of HB 1228 on April 2 and the bill was referred to House Transportation Committee, where it had a public hearing on April 5.

 

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 one percent of the biennial capital budget appropriation for the Public Works Board to be for value planning grants.
  • Ends deposit of Refuse Tax into Education Legacy Trust Account 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:  House Capital Budget Committee passed Substitute HB 1691 on February 26 and the bill is now in the House Appropriations Committee, but is likely dead for the session.

 

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:  House Capital Budget Committee had a public hearing on HB 1889 February 21. Senate Agriculture, Water, Natural Resources, & Parks Committee had a public hearing on SB 5136 January 29.

 

HB 2022 – Providing funding options to local governments for addressing fish passage barrier removals. Creates the Local Barrier Partnership Account and corresponding competitive grant program to fund the public portion of certain public-private fish passage barrier removal projects.

 

Status: The bill is in House Rules Review and is likely dead for the session.

 

SB 5404 (by Senator Rolfes) – Expanding the definition of fish habitat enhancement projects. Fish habitat enhancement projects restoring native kelp and eelgrass beds, and restoring native oysters, may qualify for a streamlined administrative review and approval process.

 

Status:  The Senate passed the bill on a vote of 48 to 0 and the House passed the bill on April 12.

 

SB 5788 (by Senator Mullet) – Local infrastructure funding - Solid Waste taxes 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:  The bill is in the Senate Ways & Means Committee and is likely dead for the session.

 

SB 5798 (by Senator Schoesler) – 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: The bill is in the Senate Ways & Means Committee and is likely dead for the session.

 

SB 5972 (by Senator Hobbs) – Relating to additive transportation funding and appropriations – 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 storm water 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 generated by use of fossil fuels except those used to generate electricity.

 

Status: Substitute versions of both SB 5971 and SB 5972 passed out of the Senate Committee on Transportation on March 6. SSB 5972 is now in Senate Rules 2 Review. SSB 5971 is now in Senate Ways & Means Committee, no action has been taken since March 7.

 

Effect of Substitute SB 5971: Reduces carbon fee to $10 for utilities, but stays at $15 for remaining entities.

 

Effect of substitute SB 5972: Modifies various appropriations, but not those for fish culvert removal nor those for storm water retrofits and improvements.

 

SB 5978 (by Senator King) – Relating to vehicle taxation. Transfers revenue from Motor Vehicle Excise Tax to state General Fund and specifies purposes for which it may be spent, including watershed fish passage barrier removal.

 

Status:  The bill is in the Senate Ways & Means and is likely dead for the session.

 

Environmental Justice

SB 5489 - Establishing a healthy environment for all by addressing environmental health disparities. Also known as: “Healthy Environment for All” (HEAL) (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 the bill on a vote of 27 to 21 and the House State Government & Tribal Relations passed the bill with a striking amendment on March 28. The House Appropriations Committee passed the bill with an amended House Committee Striking Amendment on April 8, and the bill is now in House Rules 2 Review.

 

Effect of Substitute SB 5489:

  • Removes requirement that state agencies adopt rules as recommended by the task force.
  • Removes the requirement that the task force reconvene five 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 towards reducing environmental burdens and attaining environmental health targets.

Effect of 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 amounts appropriated specifically for the task force.

Effect of amended House Committee Striking Amendment:  

  • Modifies the definition of "cumulative impact analysis" to mean the analysis tool used by the DOH's Washington Tracking Network to identify certain populations, rather than the analysis identifying certain populations.
  • Requires the task force to submit a preliminary report to the Legislature and the Governor by December 1, 2019, if the task force is not able to complete the tasks required under the bill as a result of insufficient funds appropriated.
  • Requires the preliminary report to include information on: (a) Tasks that could not be completed as a result of in sufficient funds appropriated; (b) the status of the task force's activities; and (c) additional resources the task force needs to complete all of the requirements reflected under the bill.
  • Modifies language pertaining to an agency's requirement to adopt the cumulative impact analysis to clarify that state agencies must adopt the use of the cumulative impact analysis, and if the task force issues guidance on how to use it, then the agencies must adopt it consistent with the task force's guidance.
  • Modifies the requirement that the DOH initiate a process to provide uniform rules, policies, or guidelines within 60 days after the issue of the task force's guidance related to the cumulative impact analysis to specify that the DOH is only required to do so if the task force issues guidance on how to use the cumulative impact analysis.

Status of HB 2009: House State Government & Tribal Relations passed this bill without amendments and it was referred to House Appropriations Committee.