Puget Sound Partnership Legislative Update, January 27, 2020

Puget Sound Partnership Washington sent this bulletin at 01/27/2020 11:08 AM PST

 
leg-update

January 27, 2020

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

 

This year’s state legislative session is limited to sixty consecutive days, extending from January 13 to March 12, 2020. The only budgets to be considered will be supplemental budgets. Biennial budgets were enacted in 2019 session. Supplemental budgets are amendments to biennial budgets.

 

A cutoff resolution has been adopted, establishing deadlines for various actions on legislation.

  • February 7, 2020 – Last day to pass policy bills out of policy committees in their house of origin.
  • February 11, 2020 – Last day to policy pass bills out of fiscal and transportation committees in their house of origin.
  • February 19, 2020 – Last day to pass policy bills in their house of origin.
  • February 28, 2020 – Last day to pass policy bills out of policy committees in the opposite house.
  • March 2, 2020 – Last day to policy pass bills out of fiscal and transportation committees in the opposite house.
  • March 6, 2020 – Last day to pass policy bills in the opposite house.
  • March 12, 2020 – Last day of the regular session.

 

Budget bills we are following:

 

Supplemental Operating Budget

HB 2325/SB 6168 - Making 2019-2021 fiscal biennium supplemental operating appropriations.

  • Puget Sound Partnership’s top priority: To fill a structural deficit in the operating budget of the Department of Fish and Wildlife (DFW), the Governor’s operating budget includes $23.8 M, including $15.6 M from the State General Fund, with the balance dependent on passage of a hunting and fishing license fee increase bill (SB 6166). There is some uncertainty about how much General Fund money will be ongoing in future biennia.
  • The Governor’s operating budget also includes the following budget priorities:
    • $748 K to the Department of Ecology for Puget Sound Freshwater Monitoring
    • $535 K to Ecology for Nutrient Controls for Puget Sound
    • $750 K to Ecology for Local Source Control Program
    • $140 K to Recreation and Conservation Office (RCO) for Orca Recovery Coordinator in GSRO in Governor’s budget
    • $140 K to RCO for Riparian Habitat Coordinator in GSRO in Governor’s budget
    • $455 K to Puget Sound Partnership (PSP) for Puget Sound Info Modernization Project, Phase 3

 

Supplemental Capital Budget

HB 2324/SB 6248 - Concerning the capital budget.

  • The Governor’s capital budget includes:
  • $5 million to DFW, including:
    • $1 M to plan salmon infrastructure for orcas
    • $2.9 M for Soos Creek hatchery
    • $972 K for design & permitting for Wiley Slough dike
    • $150 K for Beaver Creek Hatchery
  • $23.7 M to Ecology for Remedial Action Grants (RAGs)
  • $3.4 M to Ecology for Stormwater Financial Assistance Program
  • $2.25 M to State Conservation Commission for the federal Regional Conservation Partnership Program (RCPP) state match

 

Supplemental Transportation Budget

HB 2322/SB 6497 - Making supplemental transportation appropriations for the 2019-2021 fiscal biennium.

 

Policy bills we are following:

Establishing a Policy of Net Ecological Gain

HB 2549 - Integrating salmon recovery efforts with growth management. (Status: House Environment & Energy Committee – Public hearing: January 23, 2020 and January 27, 1:30 PM, subject to change.)

  • Makes salmon recovery a goal of the Growth Management Act (GMA).
  • Requires cities and counties planning under the GMA framework to develop a salmon and steelhead comprehensive plan element.
  • Establishes a process for approval of city and county salmon and steelhead GMA comprehensive plan elements by the Department of Fish and Wildlife (WDFW) or the adoption of an alternative proposal for the local jurisdiction by the WDFW.
  • Establishes a standard of net ecological gain applicable to anadromous fish recovery for purposes of provisions of the GMA, including the GMA's goals, critical areas ordinances, salmon and steelhead recovery elements, and the voluntary stewardship program.
  • Directs the WDFW to establish salmon recovery performance goals applicable to jurisdictions planning under the GMA.

HB 2550 - Establishing net ecological gain as a policy for application across identified land use, development, and environmental laws. (Status: House Environment & Energy – Public Hearing scheduled for January 28, 2020 at 3:30 PM.)

  • Establishes concept of net ecological gain as applicable policy for Shoreline Management Act (SMA), Growth Management Act (GMA), Hydraulic Project Approval (HPA), and the Model Toxics Control Act (MTCA). Requires the Office of Financial management (in consultation with others) to assess how to incorporate net ecological gain into state laws and rules.

 

Regulating shoreline armoring

SSB 6147 - Concerning the replacement of shoreline armoring. (Status: Passed out of Committee January 23, 2020)

  • Projects for replacing shoreline armoring or other measures to protect residential structures from marine shoreline erosion must consider the least impactful alternative for protecting fish life, in the following order of preference:
    • Remove the hard structure and restore the beach;
    • Remove the hard structure and replace it with a soft structure;
    • Remove the hard structure and replace it with a hard structure located landward of the existing structure; or
    • Remove the hard structure and replace it with hard shoreline structure in the same footprint as the existing structure.

The Partnership testified in favor of this bill at a public hearing held in Senate Agriculture, Water Natural Resources & Parks on January 14, 2020.

 

SB 6273 - Creating an exemption from shorelines substantial development permit requirements for single-family residential protective marine bulkheads. (Status: Reassigned to Senate Energy, Environment, & Technology)

  • A single-family residential protective marine bulkhead project that requires a Hydraulic Project Approval (HPA) by the Department of Fish and Wildlife would be exempted from the Shorelines Substantial Development permit requirements of the Shoreline Management Act upon adoption of such an exemption by the local governmental entity with administrative jurisdiction.

 

Growth Management

HB 2342 (Fitzgibbon) – Aligning the timing of comprehensive plan updates required by the growth management act with the timing of shoreline master program updates required by the shoreline management act. (Status: House Environment & Energy Committee, Public Hearing: January 23, 2020)

  • Changes frequency of comprehensive plan updates under the Growth Management Act (GMA) from every eight years to every 10 years.
  • Modifies the anniversary year by which certain counties and cities are required to update their comprehensive plans under the GMA.
  • Requires counties and cities to update certain portions of their comprehensive plans at the five-year mark between full updates of their comprehensive plans.
  • Changes frequency of shoreline master program updates within the Shoreline Management Act (SMA) from every eight years to every 10 years, beginning in 2022.
  • Modifies the anniversary year by which certain cities and counties are required to update their shoreline master programs under the SMA.

HB 2427 (Duerr) – Tackling climate change as a goal of the growth management act. (Status: House Environment & Energy Committee, Public Hearing: January 23, 2020)

  • Adds climate change to the planning goals that guide the development and adoption of city and county comprehensive plans and development regulations under the Growth Management Act (GMA).
  • Requires the consideration of the climate change planning goal by regional transportation planning organizations and in countywide planning policies under the GMA.

HB 2549 (Lekanoff) – Integrating salmon recovery efforts with growth management. (Status: House Environment & Energy Committee, Public Hearing: January 23, 2020; continued to January 27, 1:30 pm)

  • See bill summary above.

SB 6335 (Salomon) – Addressing climate change through growth management. (Status: Senate Local Government – Public Hearing January 21, 2020)

  • Adds a climate change goal and climate change and natural hazards resiliency element to the planning requirements of the Growth Management Act for certain counties and cities within those counties.
  • Requires the Department of Commerce to establish a share of greenhouse gas emissions reductions for these jurisdictions as part of the planning.
  • Extends deadlines to 2025 for comprehensive plan reviews by counties and cities within those counties that were due in 2023 and 2024.
  • Directs regional transportation planning organizations of these jurisdictions to adopt an emission and vehicle miles reduction plan.

SB 6461 (Fortunato) – Concerning permit timelines. (Status: Senate Local Government – Public hearing: January 23, 2020)

  • Amends the timelines for project permit applications for jurisdictions planning under the Growth Management Act.
    • 90 days for ministerial or administrative project permit applications or other permit types subject to the GMA; and
    • 120 days for project permit applications or permit types subject to the requirements of the GMA where a quasi-judicial hearing is required.
  • Requires submission of annual performance reports related to project permit applications and final decision timing to the Department of Commerce and the Legislature; failure to submit results in ineligibility for grants.

SB 6463 (Wilson, L.) – Eliminating environmental analysis and mitigation requirements on projects within the comprehensive plan. (Status: Senate Local Government – Public hearing: January 23, 2020)

  • Prohibits a local government planning under the Growth Management Act (GMA) from requiring additional environmental analysis or mitigation measures beyond what has previously been completed for comprehensive planning for certain projects.
  • Prohibits SEPA appeals made during project review in GMA-planning jurisdictions.
  • Requires GMA-planning jurisdictions to determine whether the requirements for environmental analysis and mitigation measures in development regulations and other applicable laws provide adequate mitigation for some or all of a project's specific adverse environmental impacts to which the requirements apply.

SB 6454 (Salomon) – Concerning local salmon habitat recovery planning in critical areas. (Status: Senate Local Government – Public hearing: January 23, 2020)

  • Directs the Department of Fish and Wildlife to adopt conservation and restoration guidelines to assist counties and cities in the preservation and enhancement of anadromous fisheries.
  • Requires counties and cities to review and update critical areas policies and development regulations to implement the guidelines.

 

 

Water Resources

HB 1979 (Maycumber) – Concerning the establishment of reasonable surface water flow levels. (Status: House Rural Development, Agriculture, & Natural Resources – Public Hearing on January 21, 2020)

  • Provides that minimum instream flows adopted by the Department of Ecology may not exceed the highest nonflood documented flow during the same month that has occurred at any time during the previous 50 years as reported by the United States Geological Survey.
  • Directs the Director of the Department of Ecology to immediately repeal any instream flow rule where the minimum flows exceed the highest nonflood documented flow during the same month that has occurred at any time during the previous 50 years as reported by the United States Geological Survey.

HB 2553 (Lekanoff) – Creating a joint executive, legislative, and interagency work group on water resource policy for the purpose of developing a statewide water action plan. (Status: H RDev, Ag&NR) (See also HB 2765)

  • Establishes a joint executive, legislative, and interagency work group on water resource policy to develop a statewide water action plan that makes policy recommendations to ensure that water resources are appropriately allocated to address current and future statewide needs.

HB 2603 - Concerning trust water rights. (Same as SB 6494) (Status: House Committee on Rural Development, Agriculture, & Natural Resources – Public hearing: January 31 at 10:00 AM)

 

HB 2765 (Lekanoff) - Creating a joint select committee on water. (Status: House Committee on Rural Development, Agriculture, & Natural Resources public hearing on January 31 at 10:00 AM)

 

SB 6301 (Van De Wege) - Concerning public interest considerations in the transfer or change of surface water rights. (Status: Senate Agriculture, Water, Natural Resources & Parks – Public Hearing January 21, 2020)

  • Allows the Department of Ecology to grant an interbasin transfer if it determines the transfer is consistent with public interest, considering certain factors.
  • Provides that a purchaser of a water right that is transferred separately from the land to which it is appurtenant does not have to pay real estate excise tax on the purchase if the purchaser files a notice of sale with Ecology within 30 days of the sale.

SB 6292 (Salomon) – Concerning water rights sales. (Status: Senate Agriculture, Water, Natural Resources & Parks – Public Hearing January 21, 2020)

  • Prohibits the Department of Ecology (Ecology) from using water banking to allow a person who has not previously made beneficial use of the water to transfer a water right or a portion of a water right into a water bank unless the water bank is created to mitigate water resource impacts, create a source of supply for third parties, or enhance streamflows.
  • Requires a person who purchases a water right separate from the real property to file a copy of the purchase and sale agreement with Ecology.

SB 6260 (McCoy) – Concerning tribal traditional and cultural interests in water resources. (Status: Senate Agriculture, Water, Natural Resources & Parks – Public Hearing January 21, 2020)

  • Allows any Washington tribe to file a description of its historical and current uses of a surface or ground water body that support the cultural, spiritual, ceremonial, and traditional rights or lifeways of the tribe, with the Department of Ecology (Ecology).
  • Requires Ecology to recognize the tribe's traditional and cultural interests in the water body when the filing is supported by certain documentation.
  • Requires Ecology to consider recognized tribal traditional and cultural interests when reviewing various water right applications.
  • Restricts Ecology from categorially exempting, from the requirements of the State Environmental Policy Act, water right applications for a new water right in which there is a recognized tribal historical and cultural interest.

SB 6345 (Honeyford) – Establishing the water infrastructure program. (Status: Senate Agriculture, Water, Natural Resources & Parks)

  • Establishes the water infrastructure program to provide grants for projects that:
    • Increase the availability of water for out-of-stream beneficial uses;
    • Reduce the risk of flooding, protecting against damage that may be caused by flooding, and restoring areas where flooding has occurred;
    • Improve fish passage; or
    • Reduce stormwater pollution from existing development.
  • Creates the water infrastructure program bond account and the water infrastructure program taxable bond account to fund projects for purposes relating to the water infrastructure program. Permits expenditure of funds in the account only after appropriation.
  • States legislative intent to appropriate five hundred million dollars each biennium for qualifying projects, up to a total of five billion dollars, for ten biennia.

SB 6494 (Rolfes, by Ecology Request) – Concerning trust water rights. (Same as HB 2603) (Status: Senate Agriculture, Water, Natural Resources & Parks – Public Hearing January 21, 2020)

  • Modifies provisions of the Trust Water Rights Program, clarifying trust water rights may be donated, leased, or consigned to the state on a temporary or permanent basis.
  • Requires an entity seeking to use the state water trust for water banking purposes to submit a water banking application to the Department of Ecology (Ecology) requesting approval for the establishment of a water bank.
  • Requires Ecology to publish preliminary decisions on water banking applications and accept public comments for 14 days.
  • Prohibits water conservancy boards from processing transfer applications for a water right into the state water trust to change the purpose of use of a water right to instream flow for the mitigation of out-of-stream uses.

 

Regulating gravity siphon aquatic mining

SHB 1261 - Ensuring compliance with the federal clean water act by prohibiting certain discharges into waters of the state. (Status: House Rules Consideration, which means it’s ready to be scheduled for floor action)

  • Prohibits motorized or gravity siphon aquatic mining or discharge of effluent from such an activity within the ordinary high water mark of waters of the state designated as critical habitat under the Endangered Species Act.

ESSB 5322 (Palumbo) – Ensuring compliance with the federal clean water act by prohibiting certain discharges into waters of the state. (Status: S Rules X – replaced by SB 6149, same as HB 1261)

 

SB 6149 - Ensuring compliance with the federal clean water act by prohibiting certain discharges into waters of the state. (Status: Senate Environment, Energy, & Telecommunications Committee)

 

 

Delaying ban on copper-based hull paint

HB 2385 - Concerning antifouling paints on recreational water vessels. (Ecology request bill) (Status: House Environment & Energy Committee had a public hearing on January 20, 2020)

  • Delays prohibition on copper-based antifouling paint for recreational vessels from January 1, 2021, to January 1, 2026.
  • Prohibits antifouling paints containing cybutryne for recreational vessels beginning January 1, 2023.
  • Authorizes the Department of Ecology to collect certain information from antifouling paint manufacturers, wholesalers, and retailers.

SB 6210 – Concerning antifouling paints on recreational water vessels. (Ecology request bill) (Status: Senate Environment, Energy, & Technology Committee had a public hearing on January 14, 2020. Executive session scheduled for January 23, 2020 at 10:00 am. – No action taken.)

 

 

Water Pollution

SB 6360 (Van De Wege) – Eliminating exemptions from restrictions on the use of perfluoroalkyl and polyfluoroalkyl substances (PFAS) in firefighting foam. (Status: Senate Environment, Energy, & Technology, Public Hearing: January 22, 2020, Exec: January 29, 2020, 8 am) (Same as HB 2265)

  • Removes exemption prohibiting manufacture, sale and use of class B firefighting foam with PFAS for aircraft rescue and firefighting required by federal law, and at oil refineries, terminals, and chemical plants.

HB 2265 (Doglio) – Eliminating exemptions from restrictions on the use of perfluoroalkyl and polyfluoroalkyl substances in firefighting foam. (Status: H Env & Energy; Public Hearing: January 13; Exec: 1/28, 3:30 pm) (Same as SB 6360)

 

HB 2275 (Stokesbary) – Concerning certain illegal discharges of sewage wastewater into Puget Sound. (Status: H Env & Energy)

 

SB 6432 (Rolfes) – Concerning offshore oil extraction. (Status: Senate Environment, Energy & Technology, Public Hearing: January 22, 2020; Exec: 1/29, 8 am)

  • Requires guidelines for Shoreline Management Act master programs for shorelines of statewide significance to prohibit infrastructure for handling or transporting extracted gas and oil.
  • Prohibits leasing tidal or submerged lands associated with the outer continental shelf for oil or gas exploration, development, or production, and for infrastructure to handle extracted gas and oil transported through these waters.

 

Derelict Vessels

HB 2769 (Lekanoff, by DNR Request) – Concerning the prevention of derelict vessels. (Status: House Rural Development, Agriculture, & Natural Resources – Public hearing: January 29, 2020 at 8:00 AM)

  • Removes the $200,000 biennial limit on how much DNR can spend on the voluntary vessel turn-in program.
  • Decreases from 65 feet to 35 feet the length of a vessel subject to the Derelict Vessel Law.
  • Grants DNR ticketing and enforcement authority to enforce aquatic laws related to derelict or abandoned vessels, registration of vessels, or trespass of vessels.
  • Authorizes DNR to provide grants of up to $50,000 to law enforcement agencies to compensate them for time and equipment needed to enforce vessel registration and aquatic laws as related to the derelict vessel program, and to issue civil penalties.
  • Creates a pilot project within DNR to create a derelict vessel recycling waste stream for the purpose of discovering environmentally responsible methods of waste disposal by testing possible recycling streams for wood and fiberglass recovered from derelict vessels.
  • Appropriates $250,000 to implement specified provisions of the act for the fiscal year ending June 30, 2021.

SB 6528 (Lovelett, by DNR Request) – Concerning the prevention of derelict vessels.

  • Same content as HB 2769 above.

 

Community Forests

HB 2768 (Ramos, by DNR Request) – Concerning urban and community forestry. (Status: House Rural Development, Agriculture, & Natural Resources public hearing January 28 at 10:00 AM)

 

SB 6529 (Nguyen, by DNR Request) – Concerning urban and community forestry. (Status: Senate Agriculture, Water, Natural Resources & Parks)

 

 

Miscellaneous

HB 2415 (Hudgins) - Conforming elections for certain special districts with Title 29A RCW. (Status: House State Government & Tribal Relations – Public Hearing: January 24, 2020; Exec: 1/31, 8 am)

  • Provides that irrigation, diking/drainage, flood control, conservation, and related special district elections are held under the procedures in Title 29A at the November general election in even-numbered years.
  • Removes land-ownership requirements for voting eligibility in those districts.
  • Reduces diking/drainage or flood control supervisor terms from six to four years, and increases conservation district supervisor terms from three to four years.
  • Provides that all five conservation district supervisors are elected, removes landowning or farming requirements, and subjects their elections to Public Disclosure Commission oversight.

HB 2552 (Lekanoff) – Creating a joint legislative salmon committee. (Status: Public Hearing held by House Rural Development, Agriculture, & Natural Resources on January 22, 2020; Exec: 1/29, 8 am)

  • Creates the Joint Legislative Salmon Committee to develop and review potential legislative actions related to salmon recovery and the effective coordination of statewide salmon recovery policy, and requires the Committee to invite participation from the departments of Fish and Wildlife, Natural Resources, Ecology, and Agriculture.
  • Requires the Committee to meet during the first week of each legislative session to review introduced legislative actions related to salmon recovery and to report annually.

 HB 2714 (Hoff) - Valuing the carbon in forest riparian easements. (Status: House Committee on Rural Development, Agriculture, & Natural Resources – Public hearing: January 28 at 10:00 AM)

  • Revises the formula for establishing the value of easements under the Forest Riparian Easement Program (FREP) by requiring that the fair market value of the qualifying timber must also include any value attributable to the carbon stored in the qualifying timber or reserve that carbon value to be otherwise used or marketed by the landowner.

 

Other bills we are watching:

HB 2109 (Blake) – Concerning membership of the Chehalis board. (Status: H RDev, Ag&NR)

HB 2276 (Appleton) – Concerning the collection of derelict fishing gear. (Status: H RDev, Ag&NR)

HB 2311 (Slatter) - Amending state greenhouse gas emission limits for consistency with the most recent assessment of climate change science. (Status: H Env & Energy) (Same as SB 6272)

HB 2368 (Hoff) – Requiring the legislature to fund all easements recommended by the department of natural resources for the forest riparian easement program. (Status: H Cap Budget)

HB 2503 (Barkis) – Addressing the removal of fish passage barriers. (Status: H Trans)

HB 2504 (Walsh) – Creating the southwest Washington salmon restoration act. (Status: H RDev, Ag&NR)

HB 2507 (Irwin) – Addressing illicit discharges of wastewater pollution. (Status: H Env & Energy)

HJM 4012 (Lekanoff) – Recognizing the international year of the salmon.

SB 6036 (Honeyford) – Providing opportunities for drought mitigation using trust water rights. (Status: S Ag/Water/Natur)

SB 6071 (Van De Wege) – Concerning increased deterrence and meaningful enforcement of fish and wildlife violations. (Status: S Ag/Water/Natur) (Same as HB 2571)

SB 6166 (Rolfes, by OFM Request) – Concerning recreational fishing and hunting licenses. (Status: S Ag/Water/Natur)

SB 6243 (Wellman) – Providing access to recreational fishing regulations. (Status: S Ag/Water/Natur)

SB 6272 (Das) – Amending state greenhouse gas emission limits for consistency with the most recent assessment of climate change science. (Status: S Environment, E) (Same as HB 2311)

SB 6278 (Carlyle) – Concerning water withdrawals for commercial bottled water production. (Status: S Ag/Water/Natur)

SB 6342 (Dhingra) – Concerning chemical contaminants in drinking water. (Status: S Environment, E)

SB 6380 (Ericksen) – Examining the costs and benefits of making changes to the Hiram M. Chittenden locks, Skagit river hydroelectric project, and Ravenna creek. (Status: S Environment, En)

SB 6485 (Takko) – Concerning a vessel crewmember license. (Status:

 

 

 

 

 

For more information, contact Jeff Parsons, Puget Sound Partnership, jeff.parsons@psp.wa.gov, 360-999-3803