Puget Sound Partnership Legislative Update, March 3, 2020

March 3, 2020

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

 

Yesterday was the deadline for bills to be passed by fiscal and transportation committees of the house opposite their house of origin. Early in the session, the Legislature established deadlines for various actions on legislation. Bills that don’t move by their respective deadlines are considered dead for the 2020 session.

• March 6 will be the last day to pass policy bills in the opposite house of their origin.
• March 12 will be the last day of the regular session.

 

Budget bills the Puget Sound Partnership is following:

The state revenue forecast came out February 19, 2020. It predicts an increase of $606 million for the current Biennium ending June 30, 2021, and an additional $536 million for the 2021-2023 Biennium.

 

Supplemental Operating Budget

HB 2325/SB 6168 (By request of Office of Financial Management) – Making 2019-2021 fiscal biennium supplemental operating appropriations. Status: The Senate passed Engrossed Substitute SB 6168 by a vote of 33-16 on 2/27. The House passed SSB 6168 with striking amendment by a vote of 55-39 on 2/28/2020. The differences between the House and Senate versions of the budget will now be resolved in conference committee negotiations between the two houses.

 

Comparison of Puget Sound-Related 2020 Supplemental Operating Budgets

Program	Agency Request Amount	Governor’s Proposed Budget for 2019-21	House Passed striker to SSB 6168	Senate passed SSB 6168
WDFW Operating Budget	$26 million GF-S	$23.8 M ($15.6 M from GF-S, of which $7.5 M is on-going annually)	$25.4 M from GF-S (of which $17.6 M is on-going annually)	$21.2 M from GF-S (of which $12.85 M is on-going annually)
Modernizing Puget Sound Info Systems	$811 K & 1.2 FTE to PSP	$455 K & 0.9 FTE to PSP	Listed in IT Pool LEAP Omnibus Document IT – 2020*	Listed in IT Pool LEAP Omnibus Document IT – 2020**
Nutrient Controls for Puget Sound	$535 K to Ecology	$535 K to Ecology	$535 K to Ecology	$535 K to Ecology
Puget Sound Fresh-water Monitoring	$748 K to Ecology	$748 K to Ecology	$748 K to Ecology	0
Local Source Control Program	$750 K to Ecology	$750 K to Ecology	$750 K to Ecology	0
Orca Recovery Coordinator	$140 K to RCO/GSRO	$140 K to RCO/GSRO	$140 K to RCO/GSRO Ongoing	$140 K to RCO/GSRO Ongoing
Riparian Habitat Coordinator	$140 K to RCO/GSRO	$140 K to RCO/GSRO	$140 K to RCO/GSRO One-time	0
Hood Canal Bridge Solutions Design	0	0	0	$275 K to RCO

*The House Supplemental Operating Budget for the Information Technology (IT) Pool is $24,842,000.

**The Senate Supplemental Operating Budget for the IT Pool is $32,605,000, with $455 K and 0.9 FTE earmarked for Modernizing Puget Sound Info Systems.

NOTE: The House passed striking amendment to SSB 6168 includes $256 K for DFW to contract with the Washington Academy of Sciences to submit a report to the legislature assessing how to incorporate a net ecological gain standard into state land use, development, and environmental laws and rules.

 

 

Supplemental Capital Budget

HB 2324/SB 6248 (By request of Office of Financial Management) - Concerning the capital budget. Status: House Capital Budget Committee passed a substitute version of HB 2324 on 2/27; now in House Rules Review. The Senate passed ESSB 6248 by a vote of 49-0 on 2/26.

 

Comparison of Puget Sound-Related 2020 Supplemental Capital Budgets

Program	Agency Request Amount	Governor’s Proposed Budget for 2019-21	H. Cap. Budget passed SHB 2324	Senate passed ESSB 6248
Salmon infrastructure for orcas (DFW)	$1 M	$1 M	0	$500 K into Senate Op. Budget
Soos Creek hatchery (DFW)	$2.9 M	$2.9 M	$2.9 M	$1.8 M
Design & permitting for Wiley Slough dike (DFW)	$5.2 M	$972 K	$972 K	$972 K
Beaver Creek Hatchery	$450 K	$150 K	0	0
Remedial Action Grants (Ecology)	$23.7 M	$23.7 M	$32.7 M	$23.7 M
Stormwater Financial Assistance Program (Ecology)	0	$3.4 M	$5 M	$3.4 M
Regional Conservation Partnership Program (RCPP) state match (SCC)	$2.25 M	$2.25 M	$849 K	$2.25 M

 

NOTE: The House Capital Budget Committee’s proposed substitute HB 2324 includes a requirement for the Brian Abbott Fish Barrier Removal Board to develop a comprehensive statewide culvert remediation plan.

  

Supplemental Transportation Budget

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

(Status: ESHB 2322 passed by House 96-1 and is now on Senate 2^nd Reading Calendar; SSB 6497 is in S. Rules 2.)

 

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; and HB 2550 (Lekanoff) – Establishing net ecological gain as a policy for application across identified land use, development, and environmental laws; are both likely dead for this session, but the net ecological gain issue may be addressed in a budget proviso. The House passed striking amendment to SSB 6168 (the 2020 supplemental operating budget) includes $256 K for DFW to contract with the Washington Academy of Sciences to submit a report to the Legislature assessing how to incorporate a net ecological gain standard into state land use, development, and environmental laws and rules.

 

Climate Change and Carbon Sequestration

HB 1110 (Fitzgibbon) – Reducing greenhouse gas emissions associated with transportation fuels (AKA – the “Clean Fuels Bill”) (Same as SB 2412) (Status: E2SHB 1110 passed by House 52-44. Passed with amendments by Senate Environment and Energy on 2/25 and referred to Senate Transportation Committee, where it had a public hearing on 3/2.) Summary of Engrossed Second Substitute:

• 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.

Summary of Senate Committee striking amendment:

• Makes the Clean Fuels Program contingent upon enacting a transportation funding act that includes (1) new revenues to the motor vehicle fund and multimodal transportation account that exceed two billion dollars and (2) sufficient funding and a plan to complete replacements of the I-5 bridge over the Columbia River and the US 2 trestle.
• Delays the start date for the Clean Fuels Program one year, from January 1, 2021, to January 1, 2022, or as soon thereafter as the contingent effective conditions occur.
• Delays by one year reporting dates for the Department of Ecology and the Joint Legislative Audit and Review Committee.
• Allows the Department of Ecology to adopt rules to provide the opportunity to evaluate transportation fuels using a third-party screening protocol that assesses social, environmental, or labor impacts associated with a fuel.
• Modifies how utilities can spend revenue generated by credits by replacing "federally designated nonattainment or maintenance areas" with highly impacted communities.
• Defines highly impacted community.
• Establishes that a renewable fuels production facility producing more than 100 million gallons of renewable energy products per year is a project of statewide significance.
• Makes technical corrections.

HB 2311 (Slatter, by Governor’s request)– Amending state greenhouse gas emission limits for consistency with the most recent assessment of climate change science. (AKA – the “Carbon Sequestration Bill”) (Same as SB 6272) (Status: E2SHB 2311 passed by House 55-41; passed by Senate Ways & Means Committee on 3/2; now in Senate Rules 2.)

Brief summary of Engrossed Second Substitute bill as passed by the House:

• 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: SHB 2714 passed by House 96-0; passed by Senate Ag, Water, Natural Resources and Parks on 2/28; now on Senate 2^nd reading Calendar.) 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 (Fitzgibbon, by Governor’s request) (Similar to SB 6628) – 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 (AKA – the “Authority Bill”) (Status: Passed by House Committee on Environment & Energy on February 6; now in House Appropriations. May be exempt from cutoffs, but SB 6628 appears to be the vehicle for this legislation.) 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 32-17; House Capital Budget Committee passed with amendments on 3/2.) 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 6628 (Carlyle, by Governor’s request) – Concerning emissions of greenhouse gases (AKA – the “Authority Bill”) (Status: Senate Rules 2. May be exempt from cutoffs.)

• Ecology is authorized to require persons who produce or distribute fossil fuels or other products that emit greenhouse gases in Washington to comply with air quality standards, emission standards, or emission limits of greenhouse gases.
• A definition of emission, emission standard, and emission limitation as applied to greenhouse gas emissions includes indirect emissions from the production or distribution of petroleum products or natural gas is provided.
• The Utilities, Transportation Commission must ensure that its processes allow electricity and natural gas suppliers timely cost recovery for reasonable and prudent costs associated with compliance of this act. Within the framework of the Administrative Procedures Act, cost benefit and least burdensome analyses, Ecology must seek to integrate new greenhouse gas requirements with existing regulations.
• A renewable fuels production facility producing more than 100 million gallons of renewable energy products per year is a project of state-wide significance.
• The Legislature intends to provide authority under the Clean Air Act for Ecology to regulate greenhouse gas emissions from producers and distributors of natural gas and petroleum products.

 

Regulating shoreline armoring

SB 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: ESSB 6147 passed by Senate 32-16 on February 17; passed with an amendment by House Rural Development, Agriculture, and Natural Resources on 2/28; now on House 2^nd Reading Calendar) Summary of Engrossed Substitute Bill:

• 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 structure and restore the beach;
  • Remove the structure and install native vegetation;
  • Remove the structure and control upland drainage;
  • Remove the structure and replace it with a soft structure constructed of natural materials, including bioengineering;
  • 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.

An amendment adopted by the House Rural Development, Agriculture, and Natural Resources Committee requires DFW to adjust the order of preference for residential marine shoreline replacement projects if the project proponent can demonstrate that the preferred alternative is cost prohibitive or practically infeasible.

 

 

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: ESHB 2342 passed by House 98-0; passed by Senate Ways & Means on 3/2; now in Senate Rules 2.) 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: ESHB 2427 passed by House 59-37 on February 16; now in Senate Local Government, where it had a public hearing on February 25, but no further action was taken, so the bill is likely dead for this session.) Summary of Engrossed 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 6574 Takko) – Clarifying the respective administrative powers, duties, and responsibilities of the Growth Management Hearings Board and the Environmental Land Use and Hearings Office (Status: Passed by Senate 41-6; passed with amendments by House Environment & Energy Committee; now in House Rules Review.) Summary of ESSB 6574:

• Reduces the number of Growth Management Hearings Board members to five.
• Amends requirements relating to the Growth Management Hearings Board and Environmental Land Use and Hearings Office, including director appointment; board member experience requirements; term length; administrative duties and responsibilities; and availability of rulings, decisions, and orders.

Summary of Amended Bill Compared to ESSB 6574:

• A requirement is added that the Chair of the Growth Management Hearings Board (GMHB) must be an attorney. The Chair of the GMHB is responsible for GMHB case assignments.

 

Water Resources

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 – Likely dead for this session.)

• 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.

 

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 X and likely dead for this session.)

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 – Likely dead for this session.)

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.

 

HB 2722 - Concerning minimum recycled content requirements. (Status: ESHB 2722 passed by House 64-32; passed by Senate Ways & Means Committee on 3/2 with amendments by Senate Environment, Energy, & Technology; now in Senate Rules 2.)

Summary of Engrossed 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.
• Directs the Department of Ecology to consider equitable factors in determining whether to assess a fee and the amount of the fee.

Effect of Senate Environment, Energy, & Technology Committee amendments:

• Makes technical revisions to the Recycling Enhancement Fee Account
• Adds the authority for the Pollution Control Hearings Board to review appeals of fees and adjustments to the rates of recycled content.
• Revises the date one year forward for when manufacturers may be subject to fees.
• Makes grammatical and organizational revisions for clarity.

ESSB 5077 (Kuderer) – Prohibiting single-use plastic straws. (Status: Senate Rules X – Likely dead for this session.)

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 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: ESSB 5323 passed by Senate 30-19, passed with amendments by House Environment & Energy Committee; now in House Finance Committee, where executive action is scheduled for 3/4 at 8:00 AM.)

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.

The amended bill makes the following changes to the engrossed substitute Senate bill:

• Requires the Department of Ecology (Ecology) to prioritize, until June 1, 2025, the expedited processing of permit applications related to the expansion or reconfiguring of pulp and paper mills to manufacture paper bags or raw materials to manufacture paper bags;
• Requires bags used at retail establishments to comply with labeling requirements for compostable and noncompostable bags and products established in state law in 2019, rather than creating a second set of standards for the labeling of compostable bags;
• Exempts mailing pouches and sealed envelopes from requirements on carryout bags provided to customers by retail establishments;
• Modifies the recycled content requirements for reusable film plastic bags to require a minimum of 20 percent recycled content until July 1, 2022, and a minimum of 40 percent thereafter;
• Requires reusable film plastic bags to display the mil thickness in print on the exterior of the bag, in addition to the postconsumer recycled content;
• Provides that enforcement of bag restrictions must be based on complaints filed with Ecology or with local jurisdictions, and provides for Ecology to establish a forum where local governments may file complaints for enforcement purposes by Ecology or where local governments may review complaints filed with Ecology for purposes of conducting education and outreach;
• Authorizes educational elements regarding carryout bag restrictions and the benefits of reusable bags to be created by local governments, and requires Ecology or local government training of employees as part of the educational element to occur no later than October 1, 2020;
• Amends the preemption provisions to provide that: (1) carryout bag ordinances not enacted as of April 1, 2020, are preempted; (2) carryout bag ordinances enacted as of April 1, 2020, are preempted effective January 1, 2021; and (3) local governments that have established a pass-through charge of 10 cents are not preempted with respect to the amount of the pass-through charge; and
• Requires Ecology to submit a report to the Legislature by October 1, 2023, addressing the effectiveness of the pass-through charge and the cost of authorized bags to retail establishments relative to the pass-through charge, evaluating the 2.25 mil reusable plastic bags, and making recommendations for revisions to carryout bag requirements.

SB 6213 (Das) (Same as HB 2429) - Concerning certain expanded polystyrene products. (Status: E2SSB 6213 passed by Senate 29-19 on February 17; now in House Environment & Energy, where an executive session was scheduled for 2/27 but no action was taken.) Summary of Engrossed 2^nd Substitute bill:

• Prohibits the sale and distribution of covered expanded polystyrene products beginning June 1, 2023.
• 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 June 1, 2020.

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: ESHB 1261 passed by House 60-35 on February 12; now on Senate 2^nd Reading Calendar.) Summary of Engrossed Substitute bill:

• Prohibits motorized or gravity siphon aquatic mining or discharge of effluent from such an activity to any waters of the state that have been designated under the Endangered Species Act as critical habitat, 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.

 

Delaying ban on copper-based hull paint

SB 6210 (Lovelett) – Concerning antifouling paints on recreational water vessels. (Ecology request bill) (Status: SSB 6210 passed by Senate 47-0 on February 17; passed by House Appropriations Committee on 2/29; now in House Rules Review.) 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: ESHB 2265 passed by House 92-4 on February 16; passed by Senate Environment, Energy, & Technology on 2/25; now in Senate Rules 2.) Summary of Engrossed 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 time-limited waivers from PFAS foam restrictions to chemical plants, 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 no earlier than two years after federal law changes so as to allow the use of PFAS-free foam.

SB 6432 (Rolfes) – Concerning offshore oil extraction. (Status: ESSB 6432 passed by Senate 35-12 on February 17; passed with amendments by House Environment & Energy Committee; now in House Rules Review) Summary of Engrossed 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.

Amended bill compared to ESSB 6432:

• Corrects an incorrect citation to federal law; and makes a grammatical correction.

 

Derelict Vessels

SB 6528 (Lovelett, by DNR Request) – Concerning the prevention of derelict vessels. (Status: 2SSB 6528 passed by Senate 48-0 on February 18. Passed by House Appropriations Committee on 3/2; now in House Rules Review) Summary of 2^nd Substitute Bill:

• 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: SHB 2768 passed by House 64-32 on February 16; passed with amendment by Senate Ways & Means Committee on 3/2; now in Senate Rules 2.) 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.

Effect of Senate Ways & Means Committee amendment:

• Specifies that DNR may not shift resources from the Small Forest Landowner Office in order to carry out the Program.

 

Miscellaneous other bills we are following:

HB 1187 (Dent) – Revising hydraulic project eligibility standards under RCW 77.55.181 for conservation district-sponsored fish habitat enhancement projects. (Status: EHB 1187 passed by House 97-0; now on Senate 2^nd Reading Consent Calendar.) Summary of EHB 1187:

• 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, requires that conservation district-sponsored fish habitat enhancement projects determined to be eligible for streamlined review must be approved by conservation districts.

HB 1622 (Blake, by Ecology request)– Concerning drought preparedness and response (Status: ESHB 1622 passed by House 79-17, passed by Senate Ways & Means Committee with amendment by Senate Agriculture, Water, Natural Resources, & Parks Committee on 3/2; now in Senate Rules 2) Summary of ESHB 1622:

• Authorizes the Department of Ecology (Ecology) to issue a drought advisory when it appears that drought conditions may develop.
• Makes various changes to Ecology's responsibilities when an emergency drought order has been issued.
• Directs Ecology to initiate a pilot program to explore the cost, feasibility, and benefits of entering into long-term water right lease agreements to alleviate water supply conditions which may occur as a result of drought conditions.

Effect of Senate Agriculture, Water, Natural Resources, & Parks Committee amendments:

• Requires Ecology to base the decision to issue a drought emergency order in response to a petition on the definitions of drought condition and normal water supply and to follow established procedures when issuing a drought emergency order.
• Provides that Ecology must not rely exclusively on petitioner's information when making a determination to issue a drought emergency order.
• Adds a requirement that Ecology consider input from nursery and landscape professionals when Ecology considers input from local water users.

HB 1733 (Gregerson) – Retaining productive farmland (Status: 2SHB 1733 passed by House 59-39; now in Senate Ag, Water, Natural Resources & Parks, where it was scheduled for a public hearing on 2/27 that apparently didn’t take place; likely dead for this session.)

• Requires the State Conservation Commission to develop an Agricultural Land Assessment (ALA) process.
• Requires state agencies and units of state government to complete an ALA process before acquiring an interest in real property.

HB 2109 (Blake) – Concerning membership of the Chehalis board. (Status: Passed by House 97-0; now on Senate 2^nd reading Consent Calendar.) Summary of bill:

• Specifies that the Confederated Tribes of the Chehalis Reservation and Quinault Indian Nation may each designate a voting alternate member of the Chehalis Board.

HB 2503 (Barkis) – Addressing the removal of fish passage barriers. (Status: House Transportation, where it had a public hearing February 20; likely dead for this session.) Summary of bill:

• Adds tribal governments to the entities that the state Fish Passage Barrier Removal Board (Board) must coordinate with, to the extent the tribal governments are willing to participate and choose to share certain information.
• Requires the Board to prepare a prioritized list of fish passage barrier removal projects every even-numbered year until 2031, and allows the Washington State Department of Transportation (WSDOT) to only undertake fish passage barrier removal projects on the list, necessary for completion of another WSDOT project, or as directed in statute or an appropriations act.
• Creates the Fish Passage Barrier Removal Account, which is allowed to keep its interest, and limits expenditures from the account to fish passage barrier removal projects on the WSDOT's land or on the Board's list.

HB 2552 (Lekanoff) – Creating a joint legislative salmon committee – The bill is likely dead for this session, and no budget provisos have been included in proposed budgets to implement this concept.)

 

HB 2559 (Springer) - Concerning payments in lieu of real property taxes by the Department of Fish and Wildlife (Status: House Appropriations Committee; likely dead for this session.)

• On behalf of the WDFW, the State Treasurer must distribute WDFW PILT payments to counties.
• References to previous PILT rates per county established in the 2013-15, 2015-17, and 2017-19 biennia are deleted.

HB 2571 (Goodman) – Concerning increased deterrence and meaningful enforcement of fish and wildlife violations. (Same as SB 6071) (Status: ESHB 2571 passed by House 95-0; passed by Senate Agriculture, Water, Natural Resources and Parks on February 24; now on Senate 2^nd Reading Consent Calendar.) Summary of Engrossed Substitute bill:

• Allows for the safe disposal or release to the environment of seized fish, shellfish, and wildlife by fish and wildlife officers under certain circumstances.
• Provides additional direction regarding the forfeiture of seized fish, shellfish, and wildlife based on case disposition.
• Reorganizes and reclassifies certain fish and wildlife violations and adds additional violations which may be cited as infractions.
• Modifies license suspension timeframes for repeated fish and wildlife violations.
• Allows the Department of Fish and Wildlife to hire lawful permanent residents as enforcement officers.

HB 2641 (Fey) – Authorizing cities to provide passenger-only ferry service (Status: Passed by House 83-14; passed with amendment by Senate Transportation Committee on 3/2; now in Senate Rules 2.) Summary of bill:

• Allows cities bordering the Puget Sound and Lake Washington to establish, finance, and provide passenger-only ferry (POF) service.
• Requires cities to develop a POF investment plan, which must address a variety of issues, prior to providing POF service.
• Allows cities to enter into contracts, agreements, and public-private partnerships in order to operate POF service.

Effect of Senate Transportation Committee amendment:

• Requires that that a passenger-only ferry investment plan: (1) Include consultation with treaty tribes to ensure impacts to tribal fishing are minimized; (2) show design and funding considerations for propulsion types and technologies that meet low, ultra-low, and zero emission targets; and (3) show best management practices and technologies available and considered to reduce impacts to water quality, prevention of strikes, and underwater noise that impact the Southern Resident Killer Whale population, other marine mammals, and aquatic life.

SB 6071 (Van De Wege) – Concerning increased deterrence and meaningful enforcement of fish and wildlife violations. (Same as HB 2571) (Status: Senate Rules X – likely dead for this session.) Summary of Substitute bill:

• Adds additional violations and reorganizes existing violations of Washington Department of Fish and Wildlife (WDFW) rules subject to civil penalties as a natural resource infraction.
• Modifies the process for managing fish, shellfish, and wildlife seized during enforcement actions.
• Allows WDFW to hire lawful permanent residents as enforcement officers.

SB 6365 (Warnick) – Concerning payments in lieu of real property taxes by the Department of Fish and Wildlife (Status: Senate Rules X; likely dead for this session.)

• On behalf of the WDFW, the State Treasurer must distribute WDFW PILT payments to counties.
• References to previous PILT rates per county established in the 2013-15, 2015-17, and 2017-19 biennia are deleted.

SB 6613 (Rolfes) – Concerning the inspection of marine aquatic farming locations. (SSB 6613 passed by Senate 36-12 on February 17; now in House Rules Review.) 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 passed 97-0; now in Senate Rules 2.)

• 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.

SJM 8014 (McCoy) – Concerning logging and mining in the upper Skagit watershed (Status: Passed by Senate 29-19; now on House 2^nd reading Calendar.)

• Requests that British Columbia work with the city of Seattle and the Skagit Environmental Endowment Commission to prevent logging and mining in the donut hole of the Upper Skagit watershed, in order to ensure the area's environmental and recreational resources are permanently protected.

 

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