Puget Sound Partnership Legislative Update, February 13, 2020

 

We have reached the mid-point of this year’s state legislative session, which is limited to sixty consecutive days, extending from January 13 to March 12, 2020. The only budgets to be considered are supplemental budgets. Biennial budgets were enacted in 2019 session. Supplemental budgets are amendments to biennial budgets.

 

Early in the session, the Legislature adopted a cutoff resolution, establishing deadlines for various actions on legislation. Bills that don’t move before their respective deadlines are considered dead for the 2020 session.

• February 7 was the last day to pass policy bills out of policy committees in their house of origin.
• February 11 was the last day to policy pass bills out of fiscal and transportation committees in their house of origin.
• February 19 will be the last day to pass policy bills in their house of origin.
• February 28 will be the last day to pass policy bills out of policy committees in the opposite house.
• March 2 will be the last day to pass policy bills out of fiscal and transportation committees in the opposite house.
• March 6 will be the last day to pass policy bills in the opposite house.
• March 12 will be the last day of the regular session.

NOTE: The next state revenue forecast comes out February 20, 2020, shortly after which the House and Senate are likely to release their respective budget proposals.

 

Budget bills the Puget Sound Partnership is following:

 

Supplemental Operating Budget

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

 

• 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 & Conservation Office (RCO) for an Orca Recovery Coordinator
• $140 K to RCO for a Riparian Habitat Coordinator

 

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.

Status: H. Trans and S. Trans)

 

Revenue Proposals

HB 2413 (Fitzgibbon, by DNR request) – Concerning funding for wildfire prevention and preparedness activities (Status: House Appropriations Committee)

• Places a surcharge on property and casualty insurance policies to generate $125 million per biennium to be deposited in a dedicated account to be used for improving the state’s wildfire response capability; and restoring natural wildfire resistance in our forests.

 

SB 6166 (Rolfes, by OFM Request) – Concerning recreational fishing and hunting licenses. (Status: Senate Agriculture, Water, Natural Resources & Parks)

 

“Forward Washington” (Hobbs): Senate Transportation Committee held a Work Session on February 5 to consider Senate Committee Chair’s 2020 New Law Transportation Funding Proposal (AKA: “Forward Washington”), which includes two options for funding specified environmental investments:

Option 1A - Carbon Fee Utilities Included:

• Assumptions include imposing a flat rate $10 per metric ton for utilities and $15 per metric ton for other entities on July 1, 2021 on carbon dioxide emissions on the sale or use of fossil fuels within the state of Washington and the sale or use of electricity in Washington generated using fossil fuels.
• Exemptions include: energy-intensive trade-exposed (EITE) facilities; the sale or use of coal transition power; fuel used solely for agricultural purposes; aircraft fuel; fossil fuels and electricity used to manufacture timber products; activities or property of Indian tribes and individual Indians that are exempt from state taxation as a matter of federal law or state law; eligible renewable resources; biogas, biodiesel, cellulosic ethanol, and renewable diesel; and a variety of other industries and entities.

Option 1B - Carbon Fee Transportation Sector Only, Utilities Excluded:

• Assumptions include imposing a flat rate $20 per metric ton on July 1, 2021 on carbon dioxide emissions on the sale or use of fossil fuels within the state of Washington for transportation sector fuels only. Utilities are excluded from this carbon fee.
• Exemptions include fuel used solely for agricultural purposes; aircraft fuel; marine fuel; rail; and exported transportation fuel.
• Revenue from the carbon fee is available for environmental investments throughout the transportation system including:
  • Fish passage barrier removal/corrections;
  • Removal of key local fish passage barriers using a watershed approach;
  • Storm water improvements;
  • Next generation ferry vessel and terminal investments including electrification initiatives;
  • Energy grid upgrades targeting transportation electrification;
  • Debt service repayment on related capital investments.

Option 2 - Cap and Invest Program:

• Based on PSSB 5981, assumptions include creation of a program to cap and then reduce statewide greenhouse gas (GHG) emissions. GHG emissions allowances are distributed by the state in a declining amount each year to meet emission targets established for 2035 and 2050. The program is to be designed to link with other jurisdictions with similar trading programs.
• The program starts January 1, 2021, for entities that emit equal to or greater than 25,000 metric tons of CO2 equivalent and entities that choose to opt-in to the program. For EITEs, January 1, 2024. Exempted entities: Biomass, biofuel, aviation and watercraft fuels, coal-fired electric generation and national security facilities.
• The state revenue from cap and invest system is available for environmental investments throughout the transportation system including:
  • Fish passage barrier removal/corrections;
  • Removal of key local fish passage barriers using a watershed approach;
  • Storm water improvements;
  • Next generation ferry vessel and terminal investments including electrification initiatives;
  • Energy grid upgrades targeting transportation electrification;

 

Policy bills the Partnership is following:

 

Establishing a Policy of Net Ecological Gain

HB 2549 (Lekanoff) – Integrating salmon recovery efforts with growth management act. (Status: House Environment & Energy Committee, Public Hearing: January 23 and January 27; REMOVED from Executive Session on February 4. Likely dead for this session.)

• 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 (Lekanoff) – Establishing net ecological gain as a policy for application across identified land use, development, and environmental laws. (Status: Substitute passed by House Environment & Energy on February 4; public hearing in House Appropriations Committee on February 8; scheduled for executive session on February 10, but no action was taken. Likely dead for this session.)

Summary of substitute bill:

• Directs the Office of Financial Management to submit a report to the Legislature by December 1, 2020, that assesses how to incorporate a standard of net ecological gain into the Growth Management Act, Shoreline Management Act, Construction Projects in State Waters/Hydraulic Projects Approvals, and Model Toxics Control Act, or other laws and rules where the existing standard is less protective of ecological integrity than the standard of net ecological gain.

 

Climate Change and Carbon Sequestration

HB 1110 (Fitzgibbon) – Reducing greenhouse gas emissions associated with transportation fuels (Same as SB 2412) (Status: House passed Engrossed Second Substitute, now in Senate Environment and Energy)

Summary of E2SHB 1110:

• Directs the Department of Ecology (ECY) to adopt a rule establishing a Clean
• Fuels Program (CFP) to limit the greenhouse gas emissions per unit of transportation fuel energy to 10 percent below 2017 levels by 2028 and 20 percent below 2017 levels by 2035.
• Excludes exported fuel, electricity, fuel used by vessels, railroad locomotives, and aircraft, and certain other categories of transportation fuel from the CFP's greenhouse gas emission intensity reduction requirements.
• Requires the CFP to include processes for the tracking of compliance obligations and bankable, tradeable credits.
• Requires annual reporting by the ECY on the CFP, as well as an analysis of the program's first five years by the Joint Legislative Audit and Review
• Committee.
• Retains the current distribution of revenue under the 2015 Transportation Revenue Package, eliminating changes that would have been triggered as a result of the establishment of a CFP.

HB 2311 (Slatter, by Governor’s request) (Same as SB 6272) – Amending state greenhouse gas emission limits for consistency with the most recent assessment of climate change science. (Status: Passed by H. Environment & Energy; passed by House Appropriations on February 8; now in House Rules Review.)

Brief summary of substitute bill:

• Modifies state anthropogenic greenhouse gas emissions reduction targets and state government greenhouse gas emissions reduction targets.
• Establishes a net-zero greenhouse gas emissions target for 2050 for state government and for the state as a whole.
• Directs the departments of Ecology and Commerce to include certain additional information in their biennial greenhouse gas emissions report to the Governor and the Legislature, including the quantity of greenhouse gas emissions from wildfires in the state and the quantity of greenhouse gas emissions from key sectors of the economy.
• Requires state agencies to report on their short-term and long-term strategies for meeting greenhouse gas emissions reduction targets.
• Establishes that it is the policy of the state to promote the removal of excess carbon from the atmosphere through carbon sequestration activities.

HB 2714 (Hoff) - Valuing the carbon in forest riparian easements. (Status: Substitute passed by House Rural Development, Agriculture, & Natural Resources on February 4; passed by House Appropriations Committee on February 10; now in House Rules Review.) Summary of substitute bill:

• Requires that any state program that places a value on carbon must recognize and include the value of the carbon stored in forest riparian easements.
• Requires that, for riparian easement applications received after the effective date of the act, the Department of Natural Resources must calculate the amount of carbon stored in the qualifying timber according to established formulas.
• Allows forestland owners, for all existing riparian easements, to market the carbon stored in the easement.
• Provides that if the state develops methods, protocols and markets for valuing carbon, future riparian easements must include the full value of carbon stored in all the qualifying timber, and must allow the landowner to market the value of the carbon separately.

HB 2892 - Authorizing the department of ecology to regulate greenhouse gas emissions associated with persons who produce or distribute fossil fuel products that emit greenhouse gases in Washington (Status: Passed by House Committee on Environment & Energy on February 6; now in House Appropriations. Likely dead for this session.) Summary of substitute bill:

• Revises the state Clean Air Act's (state CAA) definition of "emission" and "emission standard" to include both direct and indirect emissions, and defines indirect emissions for purposes of the greenhouse gas (GHG) regulation under the state CAA.
• Authorizes the Department of Ecology (Ecology) and local air authorities to require persons who produce or distribute fossil fuels or other products that emit GHGs in Washington to comply with air quality standards, emission standards, or emission limits on GHGs under the state CAA.
• Directs Ecology to adopt a rule under state CAA authority to regulate GHGs and authorizes Ecology to collect fees, rely on market-based mechanisms to achieve emission reductions, and provide special consideration for energy intensive and trade-exposed industries to address leakage.
• Makes the state CAA authority newly provided to Ecology and local air authorities null and void upon the enactment of a more comprehensive GHG emission reduction program that puts a price on GHG emissions and is designed and forecasted to achieve statutory statewide GHG emission reduction limits.

SB 5947 (McCoy) – Establishing the sustainable farms and fields grant program (Status: Passed by Senate; now in House Rural Development, Agriculture, & Natural Resources, where it had a public hearing on February 7.)

Summary of Second Substitute:

• Requires the Department of Agriculture (WSDA) to develop a sustainable farms and fields grant program (program).
• Requires that certain activities be eligible for grants, including on-farm fossil fuel input efficiency measures, agroforestry, and carbon farming.
• Requires the WSDA to report biennially to the Legislature on the performance of the program.

SB 6498 (Braun) – Amending state greenhouse gas emission limits for consistency with the most recent assessment of climate change science. (Status: Senate Committee on Agriculture, Water, Natural Resources & Parks, Public hearing: January 30; REMOVED from Executive Session: February 6. Likely dead for this session.)

 

SB 6272 (Das, by Governor’s request) (Same as HB 2311) – Amending state greenhouse gas emission limits for consistency with the most recent assessment of climate change science. (Status: S Environment, Energy & Technology, Public Hearing on January 16 & 21. Likely dead for this session.)

• Adds new interim milestones for state greenhouse gas (GHG) emission reduction limits in 2030 and 2040.
• Revises the 2050 state GHG emissions reduction limits from 50 percent to 95 percent below 1990 levels and requires the state to achieve net zero GHG emissions.
• Amends GHG emissions reduction targets for state agencies.
• Requires all state agencies to seek all practicable opportunities to cost effectively maximize carbon sequestration.

 

Regulating shoreline armoring

SSB 6147 (Salomon) – Concerning the replacement of shoreline armoring. We testified in favor of this bill at a public hearing held in Senate Agriculture, Water Natural Resources & Parks on January 14, 2020. (Status: Passed out of Committee January 23; now on Senate 2^nd Reading Calendar)

• Residential projects for replacing marine shoreline armoring or other measures to protect 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.

SB 6273 (Van De Wege) – 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: Substitute passed by House Environment & Energy Committee on February 4; now in House Rules Review.) Summary of substitute bill:

• Changes the 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 the frequency of shoreline master program periodic reviews within the Shoreline Management Act (SMA) from every eight years to every 10 years, beginning in 2025.
• 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: Passed by House Environment & Energy Committee on February 4; now in House Rules Review.) Summary of substitute bill:

• Adds, for specified counties and cities, 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.

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

• 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 6454 (Salomon) – Concerning local salmon habitat recovery planning in critical areas. (Status: Senate Local Government – Public hearing: January 23, 2020. Likely dead for this session.)

• 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. (unfunded mandate)

SB 6461 (Fortunato) – Concerning permit timelines. (Status: Senate Local Government public hearing January 23. Likely dead for this session.)

• 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. Likely dead for this session.)

• 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.

 

Water Resources

HB 1979 (Maycumber) – Concerning the establishment of reasonable surface water flow levels. (Status: House Rural Development, Agriculture, & Natural Resources public hearing January 21. Likely dead for this session.)

• 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 RDAg&NR. Likely dead for this session.) (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 (Springer) – Concerning trust water rights. (Same as SB 6494) (Status: House Rural Development, Agriculture, & Natural Resources public hearing January 31; passed February 7; now in House Rules Review.)

• Directs the Department of Ecology to convene a work group of affected entities to study the design and use of the state water trust, water banking and water transfers, and tools to protect instream water rights from neighboring states and to present findings and recommendations to Joint Legislative Task Force on Water Resource Mitigation and the Governor by August 1, 2020.

HB 2765 (Lekanoff) - Creating a joint select committee on water. (Status: House Rural Development, Agriculture, & Natural Resources public hearing on January 31 at 10:00 AM; executive session scheduled for February 7, but no action taken. Likely dead for this session.) Summary of substitute bill:

• Creates a joint select legislative committee on water resource policy for the purpose of developing a statewide water action plan that identifies areas of statute, administrative rule, policy, and practice that should be updated, and that makes appropriate corresponding strategic policy recommendations, in order to ensure that water resources are appropriately allocated to address current and future statewide needs.
• Requires Ecology to present findings and policy recommendations to the Joint Legislative Task Force on Water Resource Mitigation and the Office of the Governor by August 1, 2020.

SB 6036 (Honeyford) – Providing opportunities for drought mitigation using trust water rights. (Status: S. Ag/Water/NR; Public Hearing on January 14. Likely dead for this session.)

• Allows water rights donated to the Trust Water Rights Program to be used for drought mitigation.
• Requires the donor to approve conditions under which their water right may be used for drought mitigation.

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

• 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 6292 (Salomon) – Concerning water rights sales. (Status: Senate Agriculture, Water, Natural Resources & Parks – Public Hearing January 21, 2020. Likely dead for this session.)

• 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 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. Likely dead for this session.)

• 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 6345 (Honeyford) – Establishing the water infrastructure program. (Status: Senate Agriculture, Water, Natural Resources & Parks. Likely dead for this session.)

• Establishes the water infrastructure program to provide grants for projects that:
  1. Increase the availability of water for out-of-stream beneficial uses;
  2. Reduce the risk of flooding, protecting against damage that may be caused by flooding, and restoring areas where flooding has occurred;
  3. Improve fish passage; or
  4. 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 passed substitute on February 6; now in Senate Rules 2.)

Summary of substitute bill:

• Requires Department of Ecology to convene work group of affected entities to study design and use of state water trust, water banking, and water transfer process, and to present findings and recommendations to Joint Legislative Task Force on Water Resource Mitigation by August 1, 2020.

 

 

Plastic Pollution

2SHB 1205 (Peterson) – Reducing pollution from plastic bags by establishing minimum state standards for the use of bags at retail establishments. (Status: House Rules 2 Review)

Summary of 2^nd Substitute:

• Restricts the provision of single-use plastic carryout bags by retail establishments.
• Authorizes retail establishments to provide recycled content paper carryout bags and reusable bags made of film plastic that meet minimum performance and technical specifications, and establishes a per bag charge to be collected and retained by the retail establishment for those bags.
• Establishes restrictions related to the labeling of bags as "compostable."
• Preempts local governments from establishing local carryout bag ordinances.

SHB 1632 (Gregerson) – Reducing pollution from single-use plastic food service ware. (Status: House Rules X, meaning likely dead for this session.)

Summary of Substitute:

• Requires food service businesses to provide plastic utensils, straws, and condiment packaging to customers only upon request by a customer.
• Preempts local ordinances that require customers to request plastic food service products from food service businesses or other retail establishments.

HB 2429 (Duerr) (Same as SB 6213) - Concerning certain expanded polystyrene products. (Status: House Environment & Energy. Likely dead for this session.)

• Establishes a timeframe for prohibiting the sale, distribution, and use of expanded polystyrene (EPS) foam food service products and packaging materials.
• Requires the Department of Ecology to enforce the restrictions primarily through education and notice materials.
• Provides penalties for violations of the restrictions on the sale, distribution, and use of EPS foam food service and packaging materials.

HB 2656 - Reducing waste associated with single-use food service products. (Status: Substitute passed by House Environment & Energy on January 6; public hearing in House Appropriations on February 10. Likely dead for this session.) Summary of substitute bill:

• Restricts the sale or provision of plastic food service products beginning January 1, 2022, in certain cities and counties and beginning as late as January 1, 2030, in other cities and counties, while providing for delayed effective dates and waivers for certain categories of restricted plastic food service products.
• Establishes a fee of 1 cent per single-use nonrecyclable or noncompostable food service product, and of up to 1 cent per single-use recyclable food service product.
• Requires customers to request single-use straws, utensils, and plastic condiment packaging in order for a retail establishment to provide those items to a customer.
• Requires local governments to assess in their solid waste management plans the logistical and economic feasibility of developing and using infrastructure that would allow commercial composting of organic materials, including food-service products, by a target deadline of 2030.

HB 2722 - Concerning minimum recycled content requirements. (Status: Substitute passed by House Environment & Energy on January 6; now on House 2^nd Reading Calendar.) Summary of substitute bill:

• Establishes minimum postconsumer recycled content requirements for plastic containers of certain beverages sold, offered for sale, or distributed in Washington.
• Requires beverage manufacturers to annually report the type and amount of virgin plastic and postconsumer recycled plastic used for plastic beverage containers containing certain beverages sold, offered for sale, or distributed in Washington.
• Establishes fees for beverage manufacturers who fail to meet minimum postconsumer recycled content requirements.
• Authorizes the Department of Ecology to consider equitable factors in determining whether to assess a fee and the amount of the fee.

ESSB 5077 (Kuderer) – Prohibiting single-use plastic straws. (Status: Senate Rules 3)

Summary of Engrossed Substitute:

• Prohibits food establishments from providing a plastic straw except upon request.
• Requires food establishments to provide a plastic straw when requested by a person with disabilities.
• Requires local governments restricting the use of plastic straws to at least meet the requirements of the act.
• Provides that local ordinances that at least meet established requirements in effect as of the effective date of the act are not limited or preempted.

ESSB 5323 (Das) – Reducing pollution from plastic bags by establishing minimum state standards for the use of bags at retail establishments. (Status: Passed by Senate, now in House Environment & Energy)

Summary of Engrossed Substitute:

• Prohibits a retailer from providing a customer a single use plastic bag, a paper or reusable plastic bag that does not meet recycled content requirements.
• Requires a retailer to collect a pass-through charge of $0.08 for each recycled content large paper or plastic carryout bag provided.
• Preempts local carryout bag ordinances, except for ordinances establishing a $0.10 pass-through charge in effect as of January 1, 2019.
• Specifies recycled content requirements for paper and plastic bags.

SB 6213 (Das) (Same as HB 2429) - Concerning certain expanded polystyrene products. (Status: Passed by Senate Environment, Energy & Technology on January 30; passed by Senate Ways & Means on February 11; now in Senate Rules 2.) Summary of substitute bill:

• Prohibits the sale and distribution of covered expanded polystyrene products beginning June 1, 2022.
• Authorizes the Department of Ecology to administer, implement, and enforce the prohibitions on the sale and distribution of covered products.
• Preempts local ordinances that were not enacted before January 1, 2021.

SB 6645 (Das) - Concerning minimum recycled content requirements. (Status: Senate Environment, Energy, & Technology public hearing February 4. Like dead for this session.)

• Establishes postconsumer recycled plastic content requirements for certain beverage containers.
• Establishes civil penalties for manufacturers of beverage containers not meeting postconsumer recycled plastic content requirements.
• Authorizes the Department of Ecology to audit reports and implement and enforce penalties.

SJM 8009 (Fortunato) - Addressing marine plastic pollution prevention. (Status: Senate Environment, Energy & Technology. Possibly exempt from cutoff resolution.)

• Asks the President and the US Trade Representative, pursuant to their authority, to require China to prevent marine plastic pollution under any new trade agreement that may arise from your administration's ongoing trade discussions.

 

 

Regulating gravity siphon aquatic mining

SHB 1261 (Peterson) – Ensuring compliance with the federal clean water act by prohibiting certain discharges into waters of the state. (Status: House 2^nd Reading Calendar) Summary of substitute bill:

• 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, or that would impact critical habitat for salmon, steelhead, or bull trout. This prohibition includes fresh waters with the designated uses of salmonid spawning, rearing, and migration.

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. Likely dead for this session.)

SB 6149 (Salomon) – Ensuring compliance with the federal clean water act by prohibiting certain discharges into waters of the state. (Status: Senate Environment, Energy, & Telecommunications. Likely dead for this session.)

 

Delaying ban on copper-based hull paint

HB 2385 (Chapman) – Concerning antifouling paints on recreational water vessels. (Ecology request bill) (Status: House Environment & Energy Committee had a public hearing on January 20. Likely dead for this session.)

• 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 (Lovelett) – Concerning antifouling paints on recreational water vessels. (Ecology request bill) (Status: Passed by Senate Environment, Energy, & Technology; passed by Senate Ways & Means on February 6, now in Senate Rules 2.) Summary of substitute bill:

• Delays restrictions on copper-based anti-fouling paint use to January 1, 2026, provided that the Department of Ecology (Ecology) has conducted certain requirements.
• Bans the sale and application of antifouling paints containing Cybutryne/Irgarol for recreational vessels, beginning January 1, 2023.
• Grants Ecology authority to request information from paint manufacturers, wholesalers, and retailers regarding products, product ingredients, and other relevant data.

 

Water Pollution

SHB 2265 (Doglio) (Same as SB 6360) – Eliminating exemptions from restrictions on the use of perfluoroalkyl and polyfluoroalkyl substances in firefighting foam. (Status: Passed out of House Environment & Energy Committee on January 30 and now in House Rules Review.) Summary of substitute bill:

• Eliminates exceptions from restrictions on the manufacture, sale, or distribution of firefighting foam containing intentionally added per- and polyfluoroalkyl (PFAS) chemicals for use in chemical plants and oil refineries and terminals, beginning January 1, 2024.
• Authorizes the Department of Ecology to issue waivers from PFAS foam restrictions to oil refineries and terminals, upon the submission of specified information.
• Eliminates exceptions from restrictions on the manufacture, sale, or distribution of PFAS foam where required by federal law, effective one year after federal law changes so as to allow the use of PFAS-free foam.

HB 2275 (Stokesbary) – Concerning certain illegal discharges of sewage wastewater into Puget Sound. (Status: House Environment & Energy. Likely dead for this session.)

SB 6360 (Van De Wege) (Same as HB 2265) – 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. Likely dead for this session.)

• 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.

SB 6432 (Rolfes) – Concerning offshore oil extraction. (Status: Passed by Senate Environment, Energy & Technology; now in Senate 2^nd Reading Calendar) Summary of substitute bill:

• Revises the findings of the Shoreline Management Act master programs to include that expanding offshore drilling has the potential to significantly damage the state's coastline and negatively impact coastal resources.
• Prohibits leasing tidal or submerged lands adjacent to the outer continental shelf for oil or gas surface drilling and infrastructure for handling or transporting through state waters.

 

Derelict Vessels

HB 2769 (Lekanoff, by DNR Request) – Concerning the prevention of derelict vessels. (Status: Substitute passed by House Rural Development, Agriculture, & Natural Resources on February 5; now in House Appropriations. Likely dead for this session.) Summary of substitute bill:

• Changes the minimum vessel length that triggers requirements related to inspections and marine insurance before ownership of certain vessels may be transferred.
• Provides certain Department of Natural Resources (DNR) staff with the authority to issue tickets by mail for the purpose of enforcing vessel registration requirements.
• Authorizes the DNR to issue grants to local law enforcement agencies to compensate them for time and equipment needed to enforce vessel registration and aquatic laws as related to the Derelict Vessel Removal Program (DVRP).
• Authorizes the DNR to carry out a pilot project for the purpose of testing possible recycling streams for wood and fiberglass recovered from derelict vessels.
• Removes the limitation that the DNR may spend no more than $200,000 per biennium to carry out the DVRP.

SB 6528 (Lovelett, by DNR Request) – Concerning the prevention of derelict vessels. (Status: Senate Agriculture, Water, Natural Resources & Parks, Public Hearing: February 4, 1:30 PM; passed substitute February 6; second substitute passed by Senate Ways & Means on February 11; now in Senate Rules 2.) Summary of 1^st substitute bill (2^nd substitute bill not yet available):

• Changes the minimum vessel length for required inspections and marine insurance before ownership of certain vessels may be transferred.
• Authorizes Derelict Vessel Removal Program (DVRP) staff to issue tickets by mail to enforce vessel registration requirements.
• Authorizes DNR to issue grants to local law enforcement agencies for enforcement of vessel registration and aquatic laws related to the DVRP.
• Authorizes DNR to carry out a pilot project for the purpose of testing possible recycling streams for wood and fiberglass recovered from derelict vessels.
• Removes the limitation that DNR may spend no more than $200,000 per biennium on the vessel turn-in program.

 

Community Forests

HB 2768 (Ramos, by DNR Request) (Same as SB 6529) – Concerning urban and community forestry. (Status: Substitute passed by House Rural Development, Ag, & Natural Resources on February 4; passed by House Appropriations on February 11; now in House Rules Review.) Summary of substitute bill:

• Changes the name of the Community and Urban Forestry Program administered by the Department of Natural Resources (DNR) to the Urban and Community Forestry Program.
• Directs the DNR to conduct analyses of the needs and opportunities related to urban forestry in Washington.
• Directs the DNR to provide technical assistance and capacity building resources and opportunities in order to promote urban and community forestry.

SB 6529 (Nguyen, by DNR Request) (Same as HB 2768) – Concerning urban and community forestry. (Status: Senate Agriculture, Water, Natural Resources & Parks. Likely dead for this session.)

 

Miscellaneous

HB 2415 (Hudgins) - Conforming elections for certain special districts with Title 29A RCW. (Status: Substitute passed by House State Government & Tribal Relations on January 31; now in House Appropriations, where it had a public hearing on February 8. Likely dead for this session.) Summary of substitute bill:

• 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 and irrigation district director 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: Passed by House Rural Development, Agriculture, & Natural Resources on February 5; now in House Appropriations Committee. Likely dead for this session.)

• 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.

SB 6613 (Rolfes) – Concerning the inspection of marine aquatic farming locations. (Senate Agriculture, Water, Natural Resources & Parks public hearing: February 4; passed substitute February 6, now on Senate 2^nd Reading Calendar.) Summary of substitute bill:

• Directs the Washington Department of Fish and Wildlife to adopt rules that provide for the recovery of actual costs associated with inspecting, monitoring, and compliance testing of marine aquatic farms.

HJM 4012 (Lekanoff) – Recognizing the international year of the salmon. (Status: House 2^nd Reading Calendar)

• Affirms the Legislature's support for recognizing 2019 as the International Year of the Salmon (IYS) and the research efforts that are a part of the IYS initiative.

 

Other bills we have been following:

HB 2109 (Blake) – Concerning membership of the Chehalis board. (Status: House 2^nd Reading Calendar)

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

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. Dead.)

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

HB 2504 (Walsh) – Creating the southwest Washington salmon restoration act. (Status: H Appropriations. Dead.)

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

HB 2571 (Goodman) – Concerning increased deterrence and meaningful enforcement of fish and wildlife violations. (Same as SB 6071) (Status: Substitute passed by House Civil Rights & Judiciary on February 5; now in House Rules Review.)

SB 6071 (Van De Wege) – Concerning increased deterrence and meaningful enforcement of fish and wildlife violations. (Same as HB 2571) (Status: Senate Rules 2)

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 & Energy. Dead.)

SB 6667 (King) – Permitting a private auto ferry to operate between the Anacortes area and British Columbia. (Senate Transportation hearing took place February 10, but no executive action taken. Dead.)

 

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